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Last amended: June 9, 1980
*Document Note: While the National Tribal Justice Resource Center (NTJRC)
makes a strong attempt to provide the most current and complete copies of
codes and constitutions, and the copy of the code or constitution on this
web site may in some cases be identical to the "official" version,
NTJRC provides this digital copy for research purposes only. NTJRC recommends
that you contact the tribe for the "official" version. The Sisseton-Wahpeton
Sioux Tribe can be reached at P.O. Box 509, Agency Village, SD 57262, (p)
605-698-3911, (f) 605-698-7907
Article IV - District Organizations
Article V - Nominations and Elections
Article VI - Vacancies, Removal and Recall From Office
Last amended: June 9, 1980
We, the Sisseton-Wahpeton Sioux tribe, in order to form a better
tribal government, exercise tribal rights and responsibilities and promote the
welfare of the people, do hereby establish this Revised Constitution and Bylaws.
The jurisdiction of the Sisseton-Wahpeton Sioux Tribe shall extend to lands
lying in the territory within the original confines of the Lake Traverse Reservation
as described in Article III of the Treaty of February 19, 1867.
Section 1. The membership of the Sisseton-Wahpeton Sioux Tribe shall
consist of:
(a) All persons of Indian blood whose names appear on the official census roll of the tribe as of January 1, 1940, which shall be the basic tribal membership roll. Corrections may be made in this roll by the tribal council, with the approval of the Secretary of the Interior.
(b) All persons of Indian blood born after January 1, 1940, the date of the basic membership roll, and prior to October 16, 1946, the date of approval of the original Constitution, to members of the tribe.
(c) Children born on or after October 16, l946, the date of approval of the original Constitution, and prior to December 21, 1959, to members of the Tribe who were residents of the Lake Traverse Reservation at the time of the birth of said children.
(d) All persons of one-eighth (1/8) degree or more Sisseton~Wahpeton Sioux Indian blood born to members on or after December 21, 1959, and prior to November 21, 1978. (As amended by Amendment No. IV, effective November 21, 1978) .
(e) All persons of one-fourth (1/4) degree or more Sisseton-Wahpeton Sioux Indian blood born to members on or after November 21, 1978. (This section added by Amendment No. IV, effective November 21, 1978).
(Section 2 deleted by Amendment No. VII, effective November 21, 1978
and reworded and added to Powers - Article VII, Section 1(1).
Sec. 2. The executive committee, in formal session, shall have the power
to speak and act for the tribe when the tribal council is not in session and
to carry into effect all properly enacted resolutions and ordinances of the
tribal council and to appoint any boards, committees, or associations necessary
to the transaction of tribal business. The tribal council shall review any
action taken by the executive committee not delegated to it either in this
Revised Constitution or in the enactments of the tribal council. The review
shall be limited only to the next meeting of the tribal council following
notification of the action of the executive committee.
Sec. 3. Members of the tribal council shall hold office for a term
of two (2) years commencing on the date of the first regular meeting in January
of each odd numbered year and until their successors have been elected and
seated.
Sec. 4. There shall be a general council composed of the enrolled members
of the tribe 18 years of age and over. A quorum for a general council shall
be at least ten (10) percent of the eligible members. It shall be the duty
of the tribal council to cal and notice, at least once in each calendar year,
a general council meeting. The general council may be convened only by action
of the tribal council. At each general council meeting, the tribal council,
all tribal committees, associations, and organizations shall present a report
on the past year's activities, and insofar as it is possible, explain the
proposed programs for the ensuing year. (As amended by Amendment No. I, effective
October 18, 1972)
SECTION 5 ADDED BY AMENDMENT NO. V, EFFECTIVE NOVEMBER 21, 1978
Sec. 5.
(a) There shall be a judicial branch comprised of a three member appellate court, a tribal court consisting of one chief judge and two associate judges with supportive staff.
(b) Judges shall be appointed by a 2/3 vote of the Tribal Council for a term of four (4) years.
(c) Upon appointment, judges may be removed only by provision of recall and impeachment procedure by tribal ordinance.(d) Rules of operation shall be provided by the tribal ordinance.
Section 1. There shall be seven (7) deliberate district councils, viz:
(1) Veblen, (2) Long Hollow, (3) Buffalo Lake, (4) Enemy Swim, (5) Big Coulee,
(6) Old Agency, and (7) Lake Traverse.
Sec. 2. Each district council shall consist of the adult members of the
tribe registered on a district voting roster which will be maintained by the
district secretary.
Sec. 3. The tribal councilmen elected from each district shall call a district
election in January of odd-numbered years to elect for the district: (1) a chairman;
(2) a vice chairman; (3) a secretary; (4) a treasurer; and such other officers
and committees as may be deemed necessary. (As amended by Amendment No. III,
effective November 10, 1976)
Sec. 4. Each district shall manage its own local affairs, but any matters
involving more than one district shall be the function of the district councils
to advise and make recommendations to the tribal council.
Section 1. The first election of the tribal council under this Revised
Constitution shall be called, held and supervised by the present tribal council
within 120 days after its approval. Successful candidates at this first election
shall assume office when duly seated at the regular January 1967 meeting of
the council. Where more than 2 members have filed for an office, a primary election
shall be held at least 30 days prior to the general election. Only the two candidates
for each office receiving the most votes at such primary election or convention
shall be eligible to run for office in the general election. Where no more than
two members have filed for an office, a primary election will be unnecessary.
Sec. 2. Any qualified registered member of the Sisseton Wahpeton Sioux Tribe
21 years of age or over may announce his candidacy for the tribal council by
notifying the Secretary of the tribal council in writing of his candidacy at
least forty-five (45) days prior to the election. It shall be the duty of the
Secretary to post al least ten (10) days before the primary election the names
of all qualified candidates who have met this requirement. Notice of all elections
shall be given as prescribed by ordinance.
(a) Candidates for tribal council officers shall file for the office of their choice at least sixty (60) days before the general election.
(b)Councilmen shall be elected from each of the seven (7) voting districts according to population. (As amended by Amendment No. III, effective November 10, 1976)
(c) No person may be a candidate for more than one office.
Sec. 3. The tribal council, or an election board appointed by the council,
shall supervise the maintenance of the district voting rosters, and shall determine
rules and regulations governing elections, including absentee voting, qualifications
for office, election dates and recall elections. The tribal council shall certify
to the election of members after the election has been held.
Sec. 4. Any enrolled member of the Sisseton-Wahpeton Sioux Tribe who
is 18 years of age or over, on the date of election, shall be entitled to vote
in the district in which he is registered. (As amended by Amendment No. I, effective
October 18, 1972)
Sec. 5. Members of the tribe shall register, vote and hold office in
the district of their residence, or, if they are non-residents, in the district
of their former residence, or if they never were residents, in the district
of their choice. Tribal members who have never been residents, registering in
the district of their choice, cannot change their voting district unless duly
authorized to do so by the tribal council.
Section 1. If a councilman or officer shall die, resign, or be removed
from office for cause, the tribal council shall declare the position vacant
and appoint a person to fill the vacancy, provided the appointment of any councilman
shall be made from the appropriate district council or from the reservation
at large in the case of a member of the executive committee.
Sec. 2. Any councilman or officer who is proven guilty of improper conduct
or gross neglect of duty may be removed from the tribal council by a vote of
ten (10) council members, provided that the member shall be given full opportunity
to reply to any and all charges at a designated council meeting; and provided
further that the member shall have been given a written statement of the charges
against him at least five (5) days before the meeting at which he is to be given
the opportunity to reply. The councilman or officer found guilty of improper
action shall not vote on his own removal. (As amended by Amendment No. III,
effective November 10, 1976)
Sec. 3. The voters of any district, by petition signed by ten (10) percent
of the eligible voters in the district, may request the recall of a district
councilman for improper conduct. The recall of members of the executive committee
may be requested by a petition signed by twenty (20) percent of the eligible
voters from the whole reservation. The tribal council shall hold a special election
on all such recall petitions. Any resulting vacancies shall be filled under
Section 1 of this Article. No more than one recall election for each councilman
or officer shall be held for each term of office. (As amended by Amendment No.
III, effective November 10, 1976)
Sec. 4. Any councilman or officer who fails to attend three (3) successive
monthly meetings without excuse, shall be considered to have resigned his office.
The tribal council shall then declare the position vacant and fill the vacancy
pursuant to the provisions of Section 1 of this Article.
(a) To represent the tribe in all negotiations with Federal, State and local governments and to advise and consult with representatives of the Department of the Interior on all matters affecting the tribe.
(b) To acquire, own, use, manage, lease and otherwise encumber, and to dispose of tribal property, both real and personal, wherever situated.(c) To engage in any business not contrary to State law that will further the economic development of the tribe and its members, and to use tribal funds or other resources for such purposes.
(d) To make rules governing the relationship of the members to the tribe, to tribal property, and to one another as members of the tribe, and to assess fees of members to effectuate tribal purposes.
(e) To hire employees and agents, including legal counsel, directly or as independent contractors, and to compensate them for their services. The choice of counsel and fixing of fees to be subject to approval of the Secretary of the Interior, so long as such approval is required by Federal law.
(f) To deposit tribal funds to the credit of the tribe, without limitation of the amount in any account, in any National or State bank whose deposits are insured by an agency of the United States, and to invest and reinvest tribal funds in any security authorized by the laws of the State of South Dakota or the District of Columbia for trust investments, and in addition, to invest and reinvest tribal funds in any security issued by a company in which the tribe has a majority or greater interest.
(g) To take any action by ordinance, resolution or otherwise which are reasonably necessary, through committees, boards, agents or other wise, to carry into effect the foregoing purposes and to add such further powers, as may be permitted by law, through appropriate amendment to this Revised Constitution.
(h) To promote public health, education, charity, and such other services as may contribute to the social advancement of the members of the Sisseton-Wahpeton Sioux Tribe.
(i) To adopt resolutions regulating the procedures of the tribal council, its officials and committees in the conduct of tribal affairs.
(j)
(i) No authorities contained in this Revised Constitution may be delegated by the tribal council to tribal officials, district councils, or associations to carry out any function for which the tribal council assumes primary responsibility, 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 Sisseton Wahpeton Sioux Tribe.
(ii) The tribal council is hereby authorized to recognize any district committees, associations or other organizations open to the members of the Sisseton-Wahpeton Sioux Tribe and to approve such organizations, subject, however, to the provision that no such committee, association or organization may assume authorities specifically granted to the tribal council unless by a proper delegation of authority by the tribal council.
(k) To promulgate and enforce ordinances governing the conduct of persons under the jurisdiction of the Sisseton-Wahpeton Sioux Tribe. (As amended by Amendment No. II, effective June 8, 1973 and further amended by Amendment No. V, effective November 21, 1978.)
(l) To enact resolutions or ordinances not inconsistent with Article II of this Revised Constitution and Bylaws concerning membership in the Sisseton-Wahpeton Sioux Tribe. (This section added to Powers by Amendment No. VII, effective November 21, 1978).
Sec. 2. Manner of Review. Any ordinance or resolution which may be subject
to review by the Secretary of the Interior, shall be presented to the Superintendent
of the Reservation, who shall, within ten (10) days after receipt, approve or
disapprove the same. If the Superintendent shall approve said 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 90 days from the date of receipt, 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, he
shall within 10 days after its receipt advise the Sisseton-Wahpeton Sioux Tribal
Council of his reasons therefor. If these reasons appear to the council insufficient,
it may, by a majority vote, refer the ordinance or resolution to the Secretary
of the Interior, who may, within 90 days from the date of its receipt, approve
the same in writing, whereupon the said ordinance or resolution shall become
effective.
Sec. 3. The Tribal Council can reapportion' its fifteen representatives
according to population. (As amended by Amendment No. III, effective November
10, 1976 and further amended by Amendment No. VIII, effective November 21, 1978)
Section 1. The tribal council shall meet regularly on the first Tuesday
of each month, or upon call of the chairman of the tribal council. It shall
be the duty of the chairman to call a special meeting upon request of a majority
of the council.
Sec. 2. At any meeting of the tribal council, a simple majority of four
(4) districts shall be present to constitute a quorum, with no less than eight
(8) councilmen present. (As amended by Amendment No. III, effective November
10, 1976)
Sec. 3. The executive committee shall meet upon call of the chairman. At
any meeting of the executive committee, two (2) members shall constitute a quorum.
Section 1. All members of the Sisseton-Wahpeton Sioux 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 Revised
Constitution and Bylaws will authorize either the tribal council or the general
council to interfere with these traditional religious practices according to
their custom.
Section 1. Any matter of concern to the tribe not previously considered
or acted upon by the tribal council may be presented for action by the tribal
council or vote of the qualified voters, provided a petition signed by at least
ten (10) percent of the qualified voters of the tribe and setting forth the
matter to be considered is filed with the chairman. The tribal council shall
consider the matter presented in the petition at its next regular or special
meeting. If the tribal council fails to act or disapprove the matter within
ninety (90) days after filing of a proper petition with the chairman, it shall
be put to a vote at the next meeting of the general council or shall appear
on the ballot at the next general election, whichever occurs first. The vote
of a majority of the qualified voters voting on the issue shall be conclusive
and binding upon the tribal council.
Sec. 2. Upon the filing of a petition with the chairman of the tribal council,
signed by at least ten (10) percent of the eligible voters of the Sisseton-Wahpeton
Sioux Tribe within 60 days of the enactment or upon the request of a majority
of the members of the tribal council within a like period, any enacted ordinance
or resolution of the tribal council shall be submitted by the tribal council
to a popular referendum, such referendum to be called and held within 30 days
of the date of filing or request. The vote of a majority of the qualified voters
voting in such referendum shall be conclusive and binding on the tribal council.
Section 1. This Revised Constitution and Bylaws may be amended by a majority vote of the qualified voters of the tribe voting at an election called for that purpose by the Commissioner of Indian Affairs, provided at least thirty (30) percent of the eligible voters shall vote in such election. It shall be the duty of the Commissioner of Indian Affairs to call an election on any proposed amendment at the request of a majority of the tribal council or upon the presentation of a petition signed by at least ten (10) percent of the qualified voters of the tribe, but no amendment shall become effective until it is approved by the Commissioner of Indian Affairs.
Section 1. Chairman
(a) He shall preside at all regular and special meetings of the general council, tribal, council, and executive committee. The chairman shall be an ex-officio member of all subordinate committees.
(b) He shall have general and active management of the business activities of the tribe except that he shall not act on matters binding the tribe until either the general council, the tribal council, or the executive committee has deliberated and enacted appropriate resolutions or motions.
(c) He shall see that all ordinances and resolutions of both the general council and the tribal council are carried into effect.
(d) He shall sign on behalf of the tribe all official papers when authorized to do so.
(e) He shall give supervision to all other officers and employees of the tribe and see that they carry out their duties.
(f) He shall prepare a report of the activities of the tribal council and shall make this report at each regular meeting of the general council. He shall include in this report all matters within his knowledge which the interest of the tribe may require be brought to its attention.
(g) He shall not vote in either the general council or tribal council except in case of a tie.
(h) It shall be the duty of the chairman to designate who, from the other members of the executive committee, shall preside in his absence. When the chairman refuses or is unable to act, the secretary shall assume the duties of the chair.
(a) He shall keep minutes at the principal place of business of the tribe of all meetings of the general council, the tribal council and the executive committee.
(b) He shall give and serve all notices of the general council and the tribal council as required by this Revised Constitution and Bylaws.
(c) He shall keep the membership roll of the tribe, showing all changes as required by this Revised Constitution. In addition, he shall keep a current voting list.
(d) He shall attend to all such correspondence assigned to him by the chairman and perform all other duties of his office or as prescribed by the general council or tribal council.
(NEW SECTION 3 PURSUANT TO AMENDMENT NO. IX EFFECTIVE JUNE 9, 1980)
(a) He shall keep and maintain, open to inspection by members of the tribe, at all reasonable times adequate and correct accounts of the properties and business transactions of the tribe.
(b) He shall have care and custody of the funds, and valuables of the tribe. He shall deposit all funds in the name of and to the credit of the Sisseton-Wahpeton Sioux Tribe with such depository as the tribal council may direct.
(c) The Treasurer and all officers and employees whose duties involve handling of tribal money or other valuables shall be bonded as required by the tribal council.
(d) The books and records of the Treasurer shall be audited at least once a year by a competent auditor employed by the tribal council and at such times as the tribal council may direct.
(NEW SECTION ADDED BY AMENDMENT NO. VI, EFFECTIVE NOVEMBER 21,1978, AS FOLLOWS:)
(a) Gross Neglect - As evidenced through any or all of the following:
1. Gross incompetency - Unable or unwilling to perform the duties of office.
2. Inability to handle private affairs as evidenced through garnishment proceedings or court actions or ordering payments of delinquent loans or debts.
3. Abandonment of office - Not attending three consecutive district meetings or moving out of the area or district elected from.
4. Excessive absenteeism - Five days of unexcused absence in any thirty (30) day period.
(b) Improper Conduct Determined by Tribal Council or District Chairman's Association:
1. Converting tribal property or monies without authorization through omission or misrepresentation of facts.
2. Misuse of office - Unauthorized personal use of tribal equipment, manpower or materials.
3. Public conduct so as to question the integrity of the Sisseton-Wahpeton Sioux Tribe.
4. Malfeasance of office - Including gross partiality or oppression.
(c) Improper Conduct - Convictions by legal courts:
1. Conviction of a felony.
2. Three low-misdemeanor convictions within a twelve (12) month period.
3. Crimes in office - Corruption, extortion, fraudulent claims for compensation - salary, mileage and per diem during an unexcused absence or an unaccountable period of time.
4. Contempt of court.
5. Any high-misdemeanor, including but not limited to malicious mischief, statutory rape, hit and run, assault, battery or assault and battery.
6. Driving while under the influence of alcohol twice in a twelve (12) month
period.
Before assuming a position on the tribal council, each member shall subscribe
to the following oath or affirmation:
"I __________________, do solemnly swear (or affirm) that I will support the Revised Constitution and Bylaws of the Sisseton-Wahpeton Sioux Tribe and the Constitution of the United States, and will faithfully and impartially perform the duties of my office to the best of my ability and will work to promote and protect the best interest of the Indians of the Sisseton-Wahpeton Sioux Tribe, and will assist them in every way within my power toward better citizenship and progress."
(DELETED IN ITS ENTIRETY BY AMENDMENT NO. X EFFECTIVE JUNE 9, 1980)
|
(Sgd) John Two Stars |
(Sgd) Willard LaFromboise Willard LaFromboise, Chairman Sisseton-Wahpeton Sioux Tribal Council |
|
(Sgd) Gabriel Amos |
|
| (Sgd) Baine Wilson Baine Wilson, Member Tribal Election Committee |
(Sgd) W. P. Hughes W. P. Hughes, Superintendent Sisseton Agency |
APPROVAL
I, Commissioner of Indian Affairs, United States Department of the Interior, do hereby approve the attached Revised Constitution and Bylaws of the Sisseton-Wahpeton Sioux Tribe, South Dakota.| (Sgd) Robert L. Bennett Commissioner |
Date: August 26, 1966
Washington, D. C.
FIRST REVISION - ADOPTION
(This approval applies to first revision of the original Constitution)
This revised Constitution and Bylaws was submitted for ratification to the adult members of the Sisseton-Wahpeton Sioux Tribe, and was on October 20, 1959, ratified by a vote of 25l for, and 81 against, in an election in which over 30 percent of the qualified voters of the tribe participated.
APPROVAL
I, Leon V. Langan, Acting Commissioner of Indian Affairs United States Department of the Interior, do hereby approve the attached Constitution and Bylaws of the Sisseton-Wahpeton Sioux Tribe, South Dakota.
| (Sgd) Leon V. Langan Acting Commissioner of Indian Affairs |
December 21, 1959
Washington, D. C.
INITIAL ADOPTION
(This approval applies to original Constitution)
Pursuant to an order approved on July 24th, 1946, by the Commissioner of Indian Affairs, the attached Constitution and Bylaws were submitted for ratification to the members of the Sisseton-Wahpeton Sioux Tribe of the Sisseton-Wahpeton Lake Traverse Sioux Reservation, and were on September 24th, 1946, duly approved by a vote of 300 for, and 146 against, in an election in which over thirty percent of those entitled to vote cast their ballots in accordance with Article III of the Bylaws.
|
AMOS KING SIMON J. KIRK |
T. N. ENGDAHL
Superintendent, Sisseton Agency
APPROVAL
This Constitution and Bylaws, having been proposed and duly ratified by the members of the Sisseton-Wahpeton Sioux Tribe of the Sisseton-Wahpeton Lake Traverse Sioux Reservation on September 24, 1946, at a referendum called by me, is herewith approved.
JOHN MCGUE
For the Commissioner of Indian Affairs
Chicago, Illinois, October 16, 1946.
[Digitizer's Note: In the physical document, various amendments and certificates of election follow; the amendments are already reflected in this digital copy.]