Constitution and By-laws of the Seminole Tribe of Florida
Ratified August 21, 1957
We, the members of the Seminole Tribe of Florida, in order
to promote justice, insure tranquility, encourage the general welfare,
safeguard our interests and secure the blessings of freedom and liberty for
ourselves and for our posterity, do hereby form and organize a Seminole Tribal
Council and we do ordain and establish this Constitution and set of Bylaws as
the rules for its deliberation.
The Jurisdiction of the Seminole Tribe of Florida shall
include all lands within the Dania, Big Cypress, and Brighton Reservations,
the title to which is held by the United States in trust for the Seminole
Tribe of Florida, or by the United States in trust for the Seminole Indians in
Florida, lands held under Executive Order No. 1379, dated June 28, 1911, and
such other lands as may hereafter be acquired for the use and benefit of the
Seminole Tribe of Florida.
The membership of the Seminole Tribe of Florida shall
consist of the following:
SECTION 1. Any person of Seminole Indian blood whose name
appears on the Census Roll of the Seminole Agency of January 1, 1957, shall be
eligible for enrollment, regardless of blood quantum or place of residence,
upon written application to the Tribal Council, provided, that within five
years after the approval of this Constitution and Bylaws the Census Roll may
be corrected by the Seminole Tribal Council.
SEC. 2. Any child, of Seminole Indian blood, born to a
parent or parents either or both whose names appear on the Census Roll of the
Seminole Agency of January 1, 1957, shall be eligible for enrollment,
regardless of blood quantum or place of residence, upon written application to
the Tribal Council.
SEC. 3. Any descendant of Seminole Indian blood of a person
whose name appears on the Census Roll of the Seminole Agency of January 1,
1957, shall be eligible for enrollment, regardless of blood quantum or place
of residence, upon written application to the Tribal Council.
SEC. 4. In the event the applicant is a minor, the
application may be prepared and presented by the parent or parents of the
minor, or by any adult relative having knowledge of the minor's eligibility.
SEC. 5. The Tribal Council shall have the power to pass
ordinances, which are consistent with and pursuant to this Constitution,
governing future membership, loss of membership and the adoption of members
into the Seminole Tribe of Florida, which ordinances shall be subject to the
approval of the Secretary of the Interior, or his authorized representative.
SECTION 1. The governing body of the Seminole Tribe of
Florida shall be known as the Tribal Council and shall consist of eight (8)
members elected by secret ballot as provided in Article IV, Section 8.
SEC. 2. The Tribal Council shall select from within its
membership a Chairman and Vice-Chairman. It shall also select from within or
without the membership of the tribe a Secretary and a Treasurer and such
committees as may be deemed necessary. All officers and committees so selected
shall hold office for a period of two years or until the next election of
councilmen as provided in Article IV, Section 4.
SEC. 3. The members of the Tribal Council shall be
qualified voters of the Seminole Tribe of Florida, 21 years of age and over.
They shall take office the first Monday in the month immediately following the
election.
SECTION 1.
(a) The first election of the Tribal Council hereunder
shall bc called and held within thirty (30) days following the adoption and
approval of the Constitution and Bylaws under the supervision of the
Constitutional Committee and the Superintendent of the Seminole Agency.
(b) For the purpose of the first election of Tribal
Council representatives, any person, 21 years of age and over, whose name
appears on the Census Roll of the Seminole Agency of January 1, 1957, shall
be eligible to vote as a tribal member or to hold office as a Tribal Council
representative.
SEC. 2. In any election of the Seminole Tribe after the
election to adopt the Constitution and Bylaws and to elect the first Tribal
Council, eligible voters shall be enrolled members of the tribe 18 years of
age and over. Resident voters shall register with the reservation of their
domicile or residence. Where this constitution provides for election of
representatives or candidates from a particular reservation, only voters
registered with such reservation shall be eligible to participate in the
election of such representatives or candidates. Non-resident voters may
register with the reservation of their affiliation or they may choose to
register as nonresident voters. Nonresident voters shall not vote for
reservation representatives.
SEC. 3. The Dania, Big Cypress and Brighton Reservations
shall each have on the Tribal Council one reservation representative. Each
candidate for the office of reservation representative must have been
continuously a resident of his or her reservation for a period of at least six
(6) months immediately preceding the election in which he or she may be a
candidate. In addition to the reservations' representatives there shall be
elected five (5) at-large members of the Tribal Council, two (2) of whom shall
be nonresidents of the reservations herein referred to, but who are otherwise
eligible to hold office. The Tribal council of the tribe may, if a new area be
acquired or set aside for the Seminole tribe of Florida, cause additional
reservation representatives and at-large representatives to be established.
SEC. 4. The candidates in the first election shall hold
office as follows:
(a) The successful candidate from each reservation
receiving the largest number of votes shall hold office for four (4) years.
(b) The successful nonresident at-large candidate
receiving the largest number of votes shall hold office for four (4) years.
The other successful candidates shall hold office for two (2) years.
The candidates in all succeeding elections shall hold
office for a period of four (4) years.
SEC. 5. The Tribal Council may by an affirmative vote of a
majority remove any official or councilman from office who fails to carry out
his Tribal Council responsibilities, or is found guilty of a misdemeanor
involving moral turpitude or a felony in any county, State or Federal Court,
or for gross neglect of duty or misconduct reflecting on the dignity and
integrity of the Tribal Council. Each reservation, by petition signed by
twenty percent (20%) of the eligible voters may request the recall of such
reservation representative by the Tribal Council. The recall of at-large
representatives shall be by petition signed by twenty-five (25) eligible
voters from any reservation or nonresident eligible voters.
Before any vote of recall or removal is taken, the member
or official shall be given a written statement of all charges filed against
him at least ten (10) days before the meeting of the Tribal Council before
which he is to appear and he shall be given an opportunity to answer any and
all written charges at such meeting. The decision of the Tribal Council shall
be final.
SEC. 6. The Tribal Council may by an affirmative vote of a
majority appoint a replacement to fill the unexpired term of the removed
councilman or official, whether involuntarily removed or by death or
resignation. In the event the vacated position is that of a reservation
representative, the replacement shall be selected from said reservation. In
the event the vacated council position is a nonresident at-large position, the
replacement shall be a nonresident member eligible to hold office, and any
other vacant at-large position may be filled by an eligible resident or
nonresident member of the tribe.
SEC. 7. Any qualified member of the Seminole Tribe of
Florida may announce his or her candidacy for Tribal Council, such
announcement to be in writing and supported by the signature of at least ten
(10) eligible voters from the reservation from which he resides or in the case
of an at-large candidate, his announcement must also be in writing and
supported by ten (10) eligible voters from any reservation or off reservation.
All announcements shall be presented to the Secretary of the Tribal Council at
least twenty (20) days prior to the date of election. It shall be the duty of
the Secretary of the Tribal Council to post in at least one public place on
each reservation and publish at least once in a newspaper of general
circulation at least fifteen (15) days before the election the names of the
candidates for Tribal Council.
SEC. 8. After the first election is held an election by
secret ballot shall be held every two (2) years. The Tribal Council, subject
to the review of the Secretary of the Interior, or his authorized
representative, shall enact an ordinance wherein the ballot, eligibility of
voters, voting lists, rules for calling elections, absentee balloting
procedures, selection of election officials, polling places, dates and such
other pertinent factors shall be prescribed. In the event the Tribal Council
does not call an election as herein provided, the Secretary of the Interior,
within sixty (60) days after the regular election date, may call such an
election.
SEC. 9. Upon receipt of a petition signed by twenty (20)
percent of the eligible voters, or by an affirmative vote of a majority of the
Tribal Council members, any enacted or proposed ordinance or resolution of the
Tribal Council shall be submitted to a referendum of the eligible voters of
the tribe. The majority of the votes cast in such referendum shall be
conclusive and binding on the Tribal Council. The Tribal Council shall call
such referendum and prescribe the manner of conducting the vote.
In addition to all powers vested in the Seminole Tribal
Council by existing law, the Tribal Council of the Seminole Tribe of Florida
shall exercise the following powers, subject to any limitation imposed by the
Constitution or the Statutes of the United States, and subject further to all
expressed restriction upon such powers contained in this Constitution and
Bylaws.
SECTION 1. To negotiate with the Federal, State and local
governments and others on behalf of the tribe and to advise and consult with
the representatives of the Department of the Interior on all activities of the
Department which may affect the Seminole Tribe of Florida, excepting those
tribal affairs which may hereafter be specifically delegated under the
provisions of the Charter of the Seminole Tribe.
SEC. 2. To employ legal counsel for the protection of the
rights of the tribe and its members, the choice of counsel and fixing of fees
to be subject to the approval of the Secretary of the Interior, or his
authorized representative.
SEC. 3. To manage and lease or otherwise deal with tribal
lands and communal resources in accordance with law and to prevent the sale,
disposition, lease or encumbrance of tribal lands, interest in lands, or other
tribal assets without the consent of the tribe.
SEC. 4. To advise with the Secretary of the Interior, or his
authorized representative, with regard to all appropriation estimates or
Federal projects for the benefit of the Seminole Indians of Florida prior to
the submission of such estimates to the Bureau of the Budget and the Congress.
SEC. 5.
(a) To administer any funds within the control of the
tribe; to make expenditures from available funds for tribal purposes,
including salaries and expenses of tribal officials or employees; subject,
however, to the condition that this authority shall not extend over the
responsibilities and authorities specifically delegated to the Board of
Directors by the Charter of the tribe. All expenditures of tribal funds
under the control of the Tribal Council shall be by resolution duly approved
by a majority of the Tribal Council in legal session and the amounts so
expended shall be a matter of public record at all times.
(b) The Tribal Council, subject to the approval of the
Secretary of the Interior, or his authorized representative, shall prepare
annual budget requests for the advancement to the control of the tribe such
money as is now or may hereafter be deposited to the credit of the tribe in
the United States Treasury or which may hereafter be appropriated for the
use of the tribe.
SEC. 6. To make and enforce ordinances, subject to the
review of the Secretary of the Interior, or his authorized representative,
covering the tribe's right to levy taxes and license fees on persons or
organizations doing business on the reservation.
SEC. 7. To promote public health, education, charity, and
such other services as may contribute to the social advancement of the members
of the Seminole Tribe of Florida.
SEC. 8. To adopt resolutions regulating the procedures of
the Seminole Tribal Council, its officials and committees in the conduct of
tribal affairs.
SEC. 9.
(a) No authorities contained in this Constitution may be
delegated by the Seminole Tribal Council to tribal officials, district
councils, or associations to carry out any function for which the Tribal
Council assumes primary responsibllity, except by ordinance or resolution
duly enacted by the Tribal Council in legal session, and excepting also
those specific requirements contained in the Bylaws of the Seminole Tribe of
Florida.
(b) The Seminole Tribal Council is hereby authorized to
recognize any district committees, associations or other organization open
to the members of the Seminole Tribe of Florida and to approve such
organizations, subject, however, to the provision that no such committee,
association or organization may assume authorities specifically granted to
the Seminole Tribal Council unless by a proper delegation of authority by
the Seminole Tribal Council.
SEC. 10. To deposit to the credit of the Seminole Tribe of
Florida tribal funds, without limitation on the amount in any account, in any
National or State bank whose deposits are insured by any agency of the Federal
Government; provided, that funds advanced to the tribe from funds held in
trust in the United States Treasury shall be deposited with a bonded
disbursing officer of the United States whenever the conditions prescribed by
the Secretary of the Interior, or his authorized representative in connection
with such advance require that the advance be so deposited.
SECTION 1. Any resolution or ordinance which by the terms
of this Constitution and Bylaws is subject to review by the Secretary of the
Interior, or his authorized representative, shall be presented to the
Superintendent of the reservation within ten (10) days of its enactment. The
Superintendent shall within ten (10) days after its receipt approve or
disapprove the same.
If the Superintendent shall approve any ordinance or
resolution, it shall thereupon become effective, but the Superintendent shall
transmit a copy of the same, bearing his endorsement, to the Secretary of the
Interior, who may within ninety (90) days from the date of enactment rescind
the said ordinance or resolution for any cause, by notifying the Tribal
Council of such decision.
If the Superintendent shall refuse to approve any ordinance
or resolution submitted to him, within ten (10) days after its receipt, he
shall advise the Tribal Council of his reason therefor. If the reasons appear
to the Tribal Council to be insufficient it may, by a majority vote, refer the
ordinance or resolution to the Secretary of the Interior who may within ninety
(90) days from the enactment of the resolution of referral, approve or
disapprove same in writing, provided however no such ordinance shall become
effective until approved by the Secretary of the Interior or his duly
authorized representative.
SEC. 2. Any resolution or ordinance by the terms of this
Constitution and Bylaws that is subject to the approval of the Secretary of
the Interior, or his authorized representative, shall be presented to the
Superintendent who shall transmit the same to the Secretary with his
recommendations as to the merits of the proposals.
The said ordinance or resolution shall NOT become effective
until it shall have been approved by the Secretary of the Interior, or his
duly authorized representative.
Whenever the Tribal Council, by a unanimous vote of all
members, or the tribal membership by a petition signed by twenty (20) percent
of the eligible voters, calls for the submission of an amendment, the
Secretary of the Interior shall call an election upon the proposed amendment
to the Constitution and Bylaws. If at such election the amendment is adopted
by a majority vote of the qualified voters of the tribe voting herein, and if
at least thirty (30) percent of those entitled to vote shall vote, such
amendment shall be submitted to the Secretary of the Interior and, if approved
by him, shall thereupon take effect.
SECTION 1. The Chairman of the Tribal Council shall preside
over all meetings of the council and exercise any authority specifically
delegated to him as provided in Article V, Section 9, of the Constitution. The
Chairman shall not vote on any issue before the council except only in the
case of a tie.
SEC. 2. The Vice-Chairman shall assist the Chairman when
called on to do so, and in the absence of the Chairman shall preside and when
so presiding shall have all the privileges, duties and responsibilities
delegated to the Chairman. In the absence of the Secretary, the Vice-Chairman
shall assume all the duties and respon- sibilities of the Secretary.
SEC. 3. The Secretary shall cause to be prepared all
minutes, resolutions and ordinances enacted at all meetings and forward
copies, in every instance, to the Superintendent. In addition to the duties
prescribed pursuant to Article V, Section 8, the Secretary shall maintain all
files, records, and correspondence of the Tribal Council in an orderly manner
for the convenience of the Tribal Council and exercise such other duties as
may be specifically delegated to him.
SEC. 4.
(a) The tribal Treasurer shall accept, receive, receipt
for, preserve and safeguard all funds in the custody of the tribe from
whatever source. He shall deposit all funds in such bank, or elsewhere as
directed by the Tribal Council in accordance with Article V, Section 10 and
shall cause to be made and preserved a faithful record of such funds and
shall report on all receipts and expenditures and the amount and nature of
all funds in his possession or custody, such report to be made in writing
and filed with the Secretary at each regular meeting of the Tribal Council
and at such other times as requested by the Tribal Council.
(b) He shall not pay out or otherwise disburse any funds
in his possession or custody, or in the possession or custody of the Tribal
Council, except when properly authorized to do so by a duly enacted
resolution.
(c) The books and records of the tribal Treasurer shall
be audited at least once every year by a competent auditor employed by the
council and at such other time as the council or the Commissioner of Indian
Affairs or his authorized representative may direct. In addition to the
copies prepared for the governing body, one copy of the audit shall be
prepared for the Superintendent, one copy for the Area Director and one copy
for the Commissioner of Indian Affairs.
(d) The tribal Treasurer shall be required to give a bond
satisfactory to the Tribal Council and the Commissioner of Indian Affairs,
or his authorized representatlve, and make such provisions for carrying out
the Tribal Council directives in the manner and method for custody and
disbursement of funds as shall guarantee their safety, proper disbursement
and use.
SECTION 1. All duly elected members of the Tribal Council
who have been certified shall be installed as provided in Article III, Section
3, upon subscribing to the following oath to be administered by the
Superintendent:
"I,___________________________ , do solemnly swear
that I support and defend the Constitution of the United States against all
enemies; that I will faithfully and impartially carry out the duties of my
office to the best of my ability; that I will cooperate, promote, and protect
the best interest of the tribe, in accordance with the Constitution and Bylaws
of the Seminole Tribe of Florida."
SECTION l. The Tribal Council may prescribe such salaries
and remunerations pursuant to the provision of Article V, Section 5, as may be
available and necessary to carry on its responsibilities and the
responsibilities of its officials and employees.
SECTION 1. All final decisions of the Tribal Council on
matters of general and permanent interest to members of the tribe and to
tribal administration shall be embodied in ordinances. Each ordinance shall be
numbered consecutively beginning with Number 1. Such enactments shall be
available for public inspecting.
SEC. 2. All final decisions of the Tribal Council on
matters of temporary interest or relating to particular individuals, officials
or committees shall be embodied in resolutions. Such resolutions shall be
numbered consecutively beginning with Number 1 and shall also be subject to
public inspection.
SECTION 1. The date and place of regular meetings of the
Tribal Council shall be on the first Monday of each month at the Seminole
Agency headquarters, and such meetings will convene at 10:00 a. m. Special
meetings shall be called by the Chairman by written notice setting time,
place, and date of meeting and the purpose of such meeting. No special meeting
shall be called except on matters of serious concern to the Tribal Council.
SEC. 2. A quorum of five members shall constitute a quorum
and no official actions shall be transacted in the absence of a quorum at any
time.
SECTION 1. The order of business of the Tribal Council
shall be:
(a) call to order by Chairman
(b) roll call
(c) reading of minutes of last meeting
(d) unfinished business
(e) reports
(f) new business
(g) adjournment
This Constitution and Bylaws, when approved by the
Secretary of the Interior, shall be effective from and after the date of its
ratification by a majority vote of adult Indians of the Seminole Tribe of
Florida voting at an election called for that purpose by the Secretary of the
Interior; Provided, that at least 30 percent of those entitled to vote shall
vote in such an election.
For the purpose of this election any adult 21 years of
age and over whose name appears on the Census Roll of the Seminole Agency of
January 1, 1957, shall be eligible to vote. A voting list of such eligible
persons shall be prepared by the Constitutional Committee and the
Superintendent.
I, ROGER ERNST, Assistant Secretary of the Interior of
the United States of America, by virtue of the authority granted me by the Act
of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49
Stat. 378), do hereby approve the attached Constitution and Bylaws of the
Seminole Tribe of Florida, subject to ratification by the Tribe in the manner
therein provided.
Upon ratification of this Constitution and Bylaws, all
rules and regulations heretofore promulgated by the Interior Department or by
the Bureau of Indian Affairs so far as they may be incompatible with any of
the provisions of the said Constitutionn and Bylaws, are declared inapplicable
to the Seminole Tribe of Florida.
All officers and employees of the Interior Department
are ordered to abide by the provisions of the said Constitution and Bylaws.
Approval Recommended:
GLENN L. EMMONS Commissioner of Indian Affairs
ROGER ERNST
Assistant Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., July 11, 1957
Pursuant to Section 16 of the Act of June 18, 1934 (48 Stat.
984), as amended by the Act of June 15, 1935 (49 Stat. 378), the attached
Constitution and Bylaws approved on July 11, 1957, by Roger Ernst, Assistant
Secretary of the Interior was submitted for ratification to the adult Indians
of the Seminole Tribe of Florida and was on August 21, 1957, ratified by a
vote of 241 for, and 5 against, in an election in which at least 30 percent of
those entitled to vote cast their ballots.
BILL OSCEOLA
Chairman, Constitutional Committee
MIKE OSCEOLA
Secretary, Constitutional Committee
K. A. MARMON
Superintendent, Seminole Agency
3-1-63
Article III of the Constitution, Organization of
Governing Body shall be amended in its entirety to read as follows:
"Section 1. The governing body of the Seminole
Tribe of Florida shall be known as the Tribal Council and shall consist of
five (5) members, each of whom shall have voting rights."
"Sec. 2. The Tribal Council shall consist of a
Chairman elected at-large and councilmen elected from and exclusively by the
residents of each of the following Seminole Reservations: Dania, Big
Cypress, and Brighton. The President of the Board of Directors, elected in
accordance with the provisions set forth in the Charter of the Seminole
Tribe of Florida, Inc. shall meet with and serve as Vice-Chairman of the
Tribal Council during his term of office."
"Sec. 3. Any member of the tribe having reached
the age of 21, and who has been in residence on Dania, Brighton, or Big
Cypress Reservation for a continuous period of four years immediately prior
to an election, shall be qualified to be a candidate for election to the
Council."
"Sec. 4. The Tribal Council shall select from
within or without the membership of the Tribe a Secretary-Treasurer and such
committees as may be deemed necessary. Committeemen so selected shall hold
office for a period of two (2) years or until the next scheduled election of
Councilmen. All officers and employees appointed or employed by the Tribal
Council now serving or hereafter are appointed or employed in permanent
positions and shall serve unless removed or their services terminated for
inefficiency, gross misconduct, neglect of duty, or for good and sufficient
reasons as may hereafter be prescribed by the Tribal Council."
Article IV of the Constitution, Nominations and
Elections, shall be amended in its entirety to read as follows:
"Section 1
(a). The first election of representatives to the
Tribal Council under this amended Constitution shall be held within thirty
(30) days following the adoption and approval of the amendments and shall
be under the supervision of the incumbent Tribal Council and the
Superintendent of the Seminole Agency.
(b) Any person who has reached his twenty-first (21)
year thirty (30) days prior to an election who is a member of the Seminole
Tribe of Florida shall be eligible to vote in any election of the Seminole
Tribe except in those elections where voting requirements may be otherwise
prescribed by Federal law."
"Sec. 2. In any election of the Seminole Tribe,
resident voters shall register with the reservation of their domicile. Where
this Constitution provides for election of councilmen from a particular
reservation, only voters residing on that reservation shall be eligible to
participate in the election of such representatives. Non-resident voters
shall vote only for at-large candidates."
"Sec. 3. The successful candidates in elections
to the Tribal Council shall hold office as follows:
(a) The candidate from each reservation receiving
the largest number of votes shall hold office for two (2) years.
(b) The candidate for Chairman elected at-large who
receives the largest number of votes shall hold office for four (4) years.
(c) Successful candidates shall take office on the
first Monday in the month immediately following their election. The
Chairman, as a condition of his office, shall agree to reside on Dania
Reservation for the duration of his term.
(d) If a member of the Tribal Council fails or
refuses to attend two regular meetings in succession, unless excused due
to illness or other causes for which he cannot be held responsible, his
office shall be declared forfeited by a resolution of the Tribal Council,
and a special election called by the Tribal Council shall be held to
replace him according to Section 5 of this Article."
"Sec. 4. The Tribal Council may by an affirmative
vote of four-fifths (4/5) oś its total membership remove any tribal
official or member of the Tribal Council from office who fails to carry out
his duties or his Tribal Council responsibilities, or is found guilty of a
misdemeanor involving moral turpitude or a felony in any county, State or
Federal Court, or for gross neglect of duty or misconduct reflecting on the
dignity and integrity of the Tribal Council. Each reservation, by petition
signed by twenty percent (20%) of the eligible voters thereon, may request
the recall of such reservation's representative by the Tribal Council.
Request for the recall of the Council Chairman shall be by petition signed
by twenty percent (20%) of the number of voters who participated in his
election."
"Before any vote of recall or removal is taken,
the member or official shall be given a written statement of all charges
filed against him at least ten (10) days before the meeting of the Tribal
Council before which he is to appear and he shall be given an opportunity to
answer any and all written charges at such meeting. The decision of the
Tribal Council shall be final."
"Sec. 5. If a councilman should die, resign, or
permanently leave the reservation he represents, or be removed from office
for cause, the Council shall declare the office vacant and within thirty
(30) days an election shall be held on the relevant reservation to fill the
vacancy for the unexpired term: Provided, a regularly scheduled election is
not to be held within sixty (60) days. In the event that the Chairmanship
should become vacant, the office will not be filled by the Vice-Chairman,
but the Council shall call an election at-large within a period of thirty
(30) days to select a new Chairman to serve until his predecessor's term has
expired: Provided, a regularly scheduled election is not to be held within
sixty (60) days."
"Sec. 6. Any qualified member of the Seminole
Tribe of Florida may announce his or her candidacy for the Tribal Council,
such announcement to be in writing and supported by a petition signed by ten
(10) eligible voters from the reservation on which he or she resides. In the
case of an at-large candidate, his announcement must also be in writing and
supported by a petition signed by ten (10) eligible voters of each
reservation. Any petition submitted in support of a candidate shall be
considered invalid when and if a signer has signed a petition supporting any
other candidate for the same office. All announcements shall be presented to
the Secretary of the Tribal Council at least twenty (20) days prior to the
date of election. It shall be the duty of the Secretary of the Tribal
Council to post in at least one public place on each reservation and publish
at least once in a newspaper of general circulation at least fifteen (15)
days before the election the names of the candidates for Tribal Council. No
candidate shall be permitted to seek and/or hold more than one elected
office at any given period."
"Sec. 7. All elections shall be by secret ballot
and shall be held ln accordance with the rules and regulations prescribed by
the Tribal Council, subject to the review of the Secretary of the Interior,
or his authorized representative. In the event that the Tribal Council does
not call an election as herein provided, the Secretary of the Interior,
within sixty (60) days after the regular election date, may call such an
election."
The Constitution and Bylaws of the Seminole Tribe of
Florida is amended to add a new Article designated as Article VIII,
Referendum, which shall read as follows:
"Section 1. Upon receipt of a petition signed by
twenty (20) percent of the eligible voters, or by an affirmative vote of a
majority of the Tribal Council members, any enacted or proposed ordinance or
resolution of the Tribal Council shall be submitted to a referendum of the
eligible voters of the tribe. The majority of the votes cast in such
referendum shall be conclusive and binding on the Tribal Council. The Tribal
Council shall call such referendum within 30 days and prescribe the manner
of conducting the vote."
The Constitution and Bylaws of the Seminole Tribe of
Florida is amended to add a new Article designated as Article IX, Bill of
Rights, which shall read as follows:
"Section 1. All members of the Seminole Tribe
shall be accorded equal political rights and equal opportunities to
participate in the economic resources and activities of the tribe, and no
person shall be denied freedom of conscience, speech, association or
assembly, or due process of law, or the right to petition for the redress of
grievances. The members of the tribe shall continue undisturbed in their
religious beliefs and nothing in this constitution and bylaws will authorize
the Tribal Council to interfere with these traditional religious practices
according to their custom.
Article I of the Bylaws, Duties of Officers, shall be
amended by amending Sections 1 and 2 to read as follows and by adding a new
Section 5:
"Section 1. The Chairman of the Tribal Council
shall preside over all meetings of the Council and exercise any authority
specifically delegated to him as provided in Article V, Section 9 of the
Constitution. The Chairman shall participate in the meetings of the Board of
Directors as Vice-President of that body. He shall have full power to vote
in both Tribal Council meetings and those of the Board of Directors. An
Acting Chairman shall be appointed by the members of the Tribal Council from
among those elected members present when circumstances compel the Chairman
to absent himself from any meeting."
Sec. 2. The Vice-Chairman shall assist the Chairman when
called on to do so. Voting power shall be vested in him. In the absence of
the Secretary, the Vice-Chairman shall assume all the duties and
responsibilities of the Secretary."
"Sec. 5. The Council representatives shall serve as
Chairman of the Committees on their respective reservations and committee
meetings shall be held on the reservation each represents. No more than two
people shall serve with him on each of his committees and they shall be
members of the tribe residing on that particular reservation."
Article V of the Bylaws, Meetings, shall be amended in
its entirety to read as follows:
"Section 1. The regular meetings of the Tribal
Council shall be held bimonthly, the first to be held within thirty (30)
days of the election of the Council. The Council may decide on the day and
time for Regular Meetings. Special Meetings may be called by the Chairman or
by three (3) members of the Council. The Secretary shall give advance
written notice, as prescribed by the Council, of all meetings, such notices
shall include date, time, place and purpose of the meeting."
"Sec. 2. A quorum shall consist of three (3)
members and no official action shall be transacted in the absence of a
quorum at any time."
2-14-67
Article I and Sections 2 and 3 of Article III of the
Constitution shall be amended by replacing the word "Dania" with the
word "Hollywood" wherever it appears therein.
Sections 2 and 8 of Article II of the Constitution,
Membership, shall be amended to read as follows:
"Sec. 2. Any person of Seminole Indian blood
whose name appears on the Census Roll of the Seminole Agency of January 1,
1957, may be enrolled upon written applicatlon if admitted to membership by
a majority vote of the Tribal Council, provided that the Census Roll of
January 1, 1957, may be corrected by the Seminole Tribal Council up to and
including August 22, 1970."
"Sec. 8. The Tribal Council shall have the power
to pass ordinances, which are not in conflict with this Constitution,
governing future membership, loss of membership and the adoption of members
into the Seminole Tribe of Florida, which ordinances shall be subject to the
approval of the Secretary of the Interior, or his authorized
representative."
Section 4 of Article III of the Constitution,
Organization of Governing Body, shall be amended to read as follows:
"Sec. 4. The Tribal Council shall select from
within or without the membership of the tribe a Secretary-Treasurer and such
committees as may be deemed necessary. Committeemen so selected shall serve
at the pleasure of the Tribal Council. All officers and employees appointed
or employed by the Tribal Council now serving or hereafter are appointed or
employed in permanent positions and shall serve unless removed or their
services terminated for inefficiency, gross misconduct, neglect of duty, or
for good and sufficient reasons as may hereafter be prescribed by the Tribal
Council."
Section 3 (c) of Article IV of the Constitution,
Nominations and Elections, shall be amended by deleting the last sentence.
Section 3 (c), as amended, shall read as follows:
"Sec. 3 (c). Successful candidates shall take
office on the first Monday in the month immediately following their
election."
The Preamble of the Constitution shall be amended in its
entirety as follows:
"We, the members of the Seminole Tribe of Florida,
seeking divine guidance under God, in order to promote justice, insure
tranquility, encourage the general welfare, safeguard our interests and
secure the blessings of freedom and liberty for ourselves and for our
posterity, do hereby form and organize a Seminole Tribal Council and we do
ordain and establish this Constitution and set of Bylaws as the rules for
its deliveration."
Article II of the Constitution shall be further amended
in its entirety as follows:
"Section 1. All persons who are enrolled as
members of the Seminole Tribe of Florida as of the date this amendment is
adopted by vote of the adult members of the Tribe."
"Sec. 2. Any person of Seminole Indian blood whose
name appears on the Census Roll of the Seminole Agency of January 1, 1957,
may be enrolled upon written application if admitted to membership by a
majority vote of the Tribal Council, provided that the Census Roll of
January 1, 1957, may be corrected by the Seminole Tribal Council up to and
including August 22, 1965."
"Sec. 3. Any person of one-fourth (1/4) or more
degree of Seminole Indian blood born after the adoption of this amendment
both of whose parents are members of the tribe shall be enrolled as a tribal
member upon written application to the Tribal Council."
"Sec. 4. Any person of one-fourth (1/4) or more
degree of Seminole Indian blood born after the adoption of this amendment of
a marriage between a member of the Tribe and any other person may be
enrolled if admitted to membership by a majority vote of the Tribal
Council."
"Sec. 5. A child of one-fourth (1/4) or more
degree of Seminole Indian blood born out of wedlock after the adoption of
this amendment to a Seminole mother who is a member of the Tribe may be
enrolled by a majority vote of the Tribal Council if the child otherwise
meets the requirements for enrollment."
"Sec. 6. A child of one-fourth (1/4) or more
degree of Seminole Indian blood born out of wedlock to a mother who is not a
member of the Tribe and is not eligible to become a member may be enrolled
by a majority vote of the Tribal Council if the mother files with the Tribal
Council proof established in accordance with the laws of the State of
Florida as to the paternity of the child and the person adjudged to be the
father is an enrolled member of the Tribe and if the child otherwise meets
the requirements for enrollment."
"Sec. 7. In the event the applicant is a minor,
the application may be prepared and presented by the parent or parents of
the minor, or by any adult relative."
"Sec. 8. The Tribal Council shall have the power
to pass ordinances, which are consistent with and pursuant to this
Constitution governing future membership, loss of membership and the
adoption of members into the Seminole Tribe of Florida, which ordinances
shall be subject to the approval of the Secretary of the Interior, or his
authorized representative."
"Sec. 9. No person who is admitted to tribal
membership by adoption shall be eligible to hold an elective office in the
Seminole Tribe of Florida."
Article IV, Section 3 of the Constitution shall be
amended in its entirety as follows:
"Sec. 3. The Dania, Big Cypress and Brighton
Reservations shall each have on the Tribal Council two reservation
representatives. Each candidate for the office of reservation representative
must have been continuously a resident of his or her reservation for a
period of at least six (6) months immediately preceding the election in
which he or she may be a candidate. In addition to the reservations'
representatives, there shall be elected two (2) at-large members to the
Tribal Council, whether they are resident or non-resident. The Tribal
Council of the Tribe may, if a new area be acquired or set aside for the
Seminole Tribe of Florida, cause additional reservation representatives and
at-large representatives to be established."
Article VII of the Constitution shall be amended ln its
entirety as follows:
"Whenever the Tribal Council, by a majority vote
of the members, or the tribal membership by a petition signed by twenty (20)
percent of the eligible voters, calls for the submission of an amendment,
the Secretary of the Interior shall call an election upon the proposed
amendment to the Constitution and Bylaws. If at such election the amendment
is adopted by a majority vote of the qualified voters of the tribe voting
therein, and if at least thirty (30) percent of those entitled to vote shall
vote, such amendment shall be submitted to the Secretary of the Interior
and, if approved by him, shall thereupon take effect."