Chilkat Indian Village

Tribal code

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32 Chilkat Ave, Klukwan, AK

P.O. Box 210, Haines AK, 99827

Phone: 907-767-5505

Fax: 907-767-5518

www.chilkatindianvillage.org

PREAMBLE

We, a sovereign community of Tlingit Indians having a common bond of residence in the

Village of Klukwan, Alaska, in order to promote our welfare, through the development and

operation of government, social, and economic enterprises, do establish this Constitution and Bylaws in accordance with, and by authority of, the Act of Congress of June 18, 1934 (48 Stat.

984), as amended.

ARTICLE I – NAME

This is the Constitution for the government of the Chilkat Indian Village, hereinafter called the

Village.

ARTICLE II – TERRITORY AND JURISDICTION

Section 1. Territory: The territory of the Chilkat Indian Village includes all lands, waters,

property, airspace, surface rights, subsurface rights and other natural resources which are owned

now or in the future by, or for the benefit of, the Village, whether held in trust, restricted, fee

simple or any other form of title, as well as any allotments in the vicinity of the Village owned

by Village members.

Section 2. Jurisdiction: The Chilkat Indian Village shall have jurisdiction, and governmental

powers over all matters affecting the Village's political integrity, economic security or health and

welfare arising within the geographic limits of the real property owned by the Village, or on

Native allotments in the vicinity of the Village owned by Village members, including all matters

involving the real or personal property of the Village, or of its members; clan property; or the

personal relationships of the members to each other or consensual relationships between the

Village or Village members and other persons. Nothing in this article shall be construed to limit

the ability of the Village to exercise its jurisdiction, based upon its inherent sovereign rights,

powers, and laws, including written and unwritten Tlingit Law or Federal Indian Law, as an

Indian Tribe.

ARTICLE III – MEMBERSHIP

Section 1.Defined: The membership of the Chilkat Indian Village shall consist of the following:

a. Original members.- All persons whose names appear on the 1940 census roll,

prepared in accordance with the Instructions of the Secretary of the Interior for

Organization in Alaska, being all the Indians residing in the Village of Klukwan, shall

be members of the Village.

b. Resident Members.- All lineal descendents of persons who were members under

section (a), and who are residents of the Village.

c. At-Large Members: Any lineal descendent of a living, or deceased Member, of the

Village who is not a resident of the Village may become an At-Large Member. AtLarge Members will be eligible for Tribal Services and other Tribal benefits but will

not be allowed to nominate candidates for Village Council, vote in Village elections,

or run for elected office in the Village.

Constitution for the Government of the Chilkat Indian Village

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Section 2. New Members(a) Children of any member, if such children are residents of the Village of Klukwan,

shall be members of the Village.

(b) Any American Indian or Alaskan Native who marries, or who is adopted by a Village

member through judicial process and becomes a resident of the Village of Klukwan

may, upon Council approval, become a member of the Village, provided that person:

has been a Village resident for at least one year prior to application for membership,

and has applied for Village membership in accordance with the enrollment ordinance.

updated census roll of the membership of the Chilkat Indian Village. The Council

shall provide an opportunity for hearing to any person who objects to his or her

inclusion in, or exclusion from the census roll.

Section 3. Loss of Membership or Residency Status.

(a) Any member may give up their membership upon written notice in accordance with

the enrollment ordinance to the Secretary of the Council, in which case they shall no

longer share in the activities and benefits of this Village, but they may be reinstated as

a member upon written application filed with the Secretary of the council and a

majority vote of the voting members of the Village present at any regular or special

meeting or election. Parents or guardians may not give up the membership of their

minor children or those for whom they are guardians except as may be permitted

under the enrollment ordinance.

b) Any member who, after notice and an opportunity to present their defense is found

guilty by the Village of fraud, or misconduct, in their relations with the Village, or of

working deliberately against the interest of the Village, may be expelled by a twothirds vote of the voting membership present at any regular or special meeting or

election. A person so expelled may be reinstated as a member upon written

application filed with the Secretary of the Council and two-thirds vote of the voting

membership present at any regular or special meeting or election.

residency status and forfeiture of voting and elective privileges in the Village. Such

persons as have lost their voting and elective privileges by reason of this provision

may have those privileges restored after residency in the Village has been

reestablished for a minimum of one year.

(d) Members who have lost their voting and elective privileges pursuant to Article III,

Section 3, (c), will retain all the privileges and benefits of At-Large Members.

Section 4. Definition of Residence. Any person shall be considered a resident of Klukwan who

lives within the geographic limits of the real property owned by the Village or on Native

allotments in the vicinity of the Village owned by Village Members. Temporary absences of up

to one year shall not constitute loss of residence.

Section 5. Rule-making Power. The Village may make rules, regulations, policies, and

ordinances to carry out this article.

Constitution for the Government of the Chilkat Indian Village

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ARTICLE IV – THE COUNCIL

Sec.1. Composition and Function.

(a) There shall be a Council composed of seven members elected by the Village.

(b) The Council shall represent the Village in all its undertakings and shall

exercise the powers of the Council enumerated in this Constitution. It shall be the duty of

the Council to report its activities and the state of the affairs of the Village at each regular

meeting of the Village, at which time the members may comment on the policies to be

followed by the Council.

Sec. 2. Election.

(a) Members of the Council shall be elected by secret ballot on the first Thursday after

the third Monday in May, or on such other date as may be fixed by the Council.

(b) The Council shall organize itself within thirty days after each annual

election date by electing from within its membership a President, and a VicePresident, and from within or without, a Secretary, a Treasurer, and such

other officers as it may deem necessary. Officers elected from without the

Council shall not vote therein.

a duly appointed election committee consisting of a chairperson and four

election officials.

(d) The members of the Council so elected at the first election under this

constitution, shall divide themselves into three groups: “A,” “B,” and “C.”

group A to be made up of two members, group “B” to made up of two

members, and group “C” to be made up of three members. The term of office of

those in group “A” shall terminate on the regular election date of the first May

following, the term of office of those in group “B” shall terminate on the regular

election date of the second May following, and the term of office for those in group

“C” shall terminate on the regular election date of the third May following with the

election and qualification of their respective successors. Thereafter, each member of

the Council shall serve three years. The Council may take such action as necessary

to re-establish the classification of Council members.

Section 3. Tenure of Office.

(a) The term of office of each elected officer shall expire when their successor is

elected and qualified.

(b) Each of the members of the Council shall be elected to serve for a term of

three years.

for a term of one year.

ARTICLE V – POWERS OF THE VILLAGE

Section 1. The Council shall have the power.

(a) To manage, promote, and control all the economic affairs and enterprises of the

Village in accordance with the Charter issued under the Act of June 18, 1934 or as

divisions or activities of the Tribal government under this constitution.

(b) To employ legal counsel.

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provide for the collection thereof. No such dues, fees, and assessments shall be

effective except by majority vote of the voting membership participating at any

regular or special membership meeting, or election.

(d) To organize or to charter associations of its members for economic purposes and to

regulate the same.

(e) To prevent the sale, disposition, lease, or encumbrance of any land, interest in land

or waters, or other assets of the Village without the consent of the Council. Except

for routine administration of Tribal funds, consent must be by ordinance and

otherwise consistent with the requirements of Section 2 and 3 of this Article.

(f) to provide for the manner of conducting elections, including provisions for initiative,

referendum and recall.

(g) To provide for filling vacancies in office.

(h) To engage in any business that will further the economic well being of the members

of the Village or to undertake any activity of any nature whatever not inconsistent

with the law, including but not limited to the lease, exchange, acquisition, sale, or

other disposition of real and personal property of every kind.

(i) To aid needy members and to protect the general welfare and security of members of

the Village.

(j) To negotiate and enter into contracts or agreements with the Federal, State, Local and

other Tribal Governments on behalf of the Village and to advise and consult with

representatives of the Interior Department or other Federal, State, Local and Tribal

agencies on all activities that may affect the Village. To exercise any power or duty

that maybe now, or in the future, delegated to the Council by the Federal, Local. State

or Tribal government and to delegate any such powers to any such government.

(k) To make assignments of land areas of the Village for use and occupancy to members

of the Village in accordance with the customs of the Indians forming the Village or

with the regulations of the Village.

(l) To protect the natural environment and resources of the Village.

(m) To preserve, protect, and cultivate the arts, crafts, culture, customs, Tlingit Laws and

language of the Village.

(n) To adjudicate matters of a civil and criminal nature, arising within the Tribe’s

jurisdiction and to establish tribal courts if deemed necessary for that purpose.

(o) To enact ordinances and take any other action necessary or proper to further define

its jurisdiction or to execute the powers herein enumerated, unless specifically

limited by this Constitution or applicable Federal law.

(p) To adopt by-laws, rules, and take other actions necessary to govern the conduct of

Council business.

Section 2. Powers reserved to Membership. No permanent disposition of Tribal lands or interests in

lands may be made whether by sale, foreclosure or otherwise, except by the voting membership

acting through a properly called general membership meeting or election.

Section 3. Waivers. Nothing in this Constitution shall be deemed or construed to be a waiver of

the sovereign immunity or jurisdiction of the Village, which may only be waived by express

resolution of the Tribal Council, and only to the extent specified in such resolution and permitted by

this Constitution and federal law. Waivers of sovereign immunity or jurisdiction shall not be general

but must be specific and limited as to duration, grantee, transaction, property or funds, if any, of the

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Village subject to the waiver, and to the court having jurisdiction and applicable law. Waiver of the

sovereign immunity of the Village shall not be deemed a general consent to the levy of any

judgment, lien or attachment upon property of the Village other than property specifically pledged,

assigned or otherwise explicitly subject to levy in the waiver resolution.

Section 4. Retained Powers. The retained powers of the Village not expressed in this Constitution

shall not be lost by omission, but may be exercised at any meeting or election by the voting

membership participating, or delegated by such election or meeting to the Council.

Section 5. General Powers. Except as otherwise specified in this Article, the powers of the Village

shall be exercised by the Council and shall include all the inherent powers of a federally recognized

Tribal government, including but not limited to those specified in this Article, which do not violate

Federal or Chilkat Indian Village law.

ARTICLE VI – BILL OF RIGHTS

Section 1. Civil Rights. The Council shall not restrict or in any way abridge the rights of the

members of the Village guaranteed by any applicable Federal law.

Section 2. Equal Rights. All members of the Village in good standing, pursuant to Article III of

this Constitution, shall be accorded equal right and opportunity to participate in and enjoy the

resources, property, and benefits of the Chilkat Indian Village, subject to employment and other

preferences as prescribed by Village ordinance not contrary to applicable Chilkat Indian Village

or Federal laws.

Section 3. Voting Rights. All Resident Members of the Village 18 years of age or older, shall

have the right to vote.

Section 4.Review Rights. The adjudication by the Council or tribal court of any matter shall be

subject to an impartial review procedure established by ordinance.

Section 5.Information Rights. Except as specifically limited by Village ordinance, Village members

shall have the right to review all Village records, including membership lists and financial records, at

any reasonable time in accordance with procedures and limits established by ordinance.

ARTICLE VII – CHANGE OF OFFICERS

Section 1. Forfeiture of Office—Removal and Recall.—

(a) Any member of the Council or other officer of the Village who is convicted of a

major felony or any other offense involving dishonesty shall forfeit his office and will

be restricted from elective office in the Village for a period of two years from the date

of completion of sentence including probation, parole or pardon.

(b) Any member of the Council who is absent from the regular meetings of the Council

for a period of three months without cause or excuse, may have his seat declared

vacant by the Council after notice and an opportunity to be heard.

the recall of any member of the Council, the Council shall call a special meeting of

the Village to vote upon his recall. If the Council member is recalled, the Village

members shall proceed to elect his successor to fill the unexpired term.

Section 2. Filling Vacancies. If the office of a Council member is vacant for any reason, the

Council may appoint a successor to serve until the next Village election, at which time a member

shall be elected to fill the un-expired term.

Constitution for the Government of the Chilkat Indian Village

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ARTICLE VIII – FEDERATION

Section 1.Committee The Council may, for the purpose of forming a federation or union with

other governments of like character, appoint a committee to meet with such other governments

and submit its finding to the said Council for appropriate action.

Section 2. Formation Any Union or Federation formed under Section 1. of this Article must be

formed by ordinance of the Council and may be terminated at any time by ordinance of the

Council.

ARTICLE IX – SEVERABILITY AND SAVINGS

If any provision of this Constitution shall be declared invalid by a court of competent jurisdiction,

the invalid provision shall be severed and the remaining provisions shall continue in full force and

effect. All previous ordinances and resolutions shall remain in effect to the extent that they are not

inconsistent with this Constitution or any future amendments to it.

ARTICLE X – AMENDMENTS

Section 1. Voting This Constitution may be amended by a majority vote of the members of the

Village eligible to vote and voting in an election called for that purpose by the Secretary of the

Interior or his authorized representative, pursuant to the Secretary’s regulations as now or hereafter

amended; provided that, at least thirty percent (30%) of the eligible voters, registered according to

the regulations of the Secretary, shall vote in such election.

Section 2. Amendment The Secretary of the Interior shall call such an election on a proposed

Constitutional amendment upon either a resolution approved by the affirmative vote of at least four

(4) Council members or upon a petition by at least one third of the eligible Village voters, eighteen

(18) years of age or older.

ARTICLE XI – RATIFICATION OF CONSTITUTION

This amended Constitution and shall be effective from and after the date of its ratification by a

majority vote of those entitled to vote who vote at an election called for the purpose by the

Secretary of the Interior, provided that at least 30 percent of those entitled to vote shall vote in

such election, such ratification to be formally certified by the Election Board and submitted to

the Secretary of the Interior, or the Secretary’s authorized representative, for approval and shall

be effective from the date of such approval or as otherwise authorized by law.

The persons entitled to vote are all the adult members who are residing in the Village of

Klukwan, State of Alaska, and whose names appear on a roll of such members compiled under

the Instructions of the Secretary of the Interior.

All rules and regulations heretofore promulgated by the Interior Department or by the Office of

the Indian Affairs, so far as they may be incompatible with any of the provisions of the said

Constitution, will be inapplicable to the Chilkat Indian Village from and after the date of

adoption of this Constitution.

All officers and employees of the Interior Department are ordered to abide by the provisions of

the said Constitution.

Constitution for the Government of the Chilkat Indian Village

Adopted on the 7th of November, 2006

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ARTICLE XII – ADOPTION

This Constitution, when adopted by a majority vote of the members of the Chilkat Indian Village

eligible to vote and voting at an election called for that purpose in which at least thirty percent (30%)

of the eligible voters, registered according to the regulations of the Secretary of the Interior, shall

vote, shall be submitted to the Secretary of the Interior, or his authorized representative, for

approval and shall be effective from the date of such approval or as otherwise authorized by law.

CERTIFICATE OF RESULTS OF ELECTION

Pursuant to a Secretarial election authorized by the Deputy Commissioner of Indian Affairs, on

___________________, _____, this Constitution of the Chilkat Indian Village was submitted to the

eligible voters of the Village and on ________________, 2006, was duly (adopted) (rejected) by a

vote of ________ for and ________ against and _______ cast ballots found spoiled or mutilated in

an election in which at least thirty percent (30%) of the ________ members entitled to vote, cast

their ballot in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48

Stat. 984), as amended.

____________________________________

Chairman, Election Board

____________________________________

Member, Election Board

Constitution for the Government of the Chilkat Indian Village

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BY-LAWS OF THE CHILKAT INDIAN VILLAGE

ARTICLE I – DUTIES OF OFFICERS

Section 1. The President of the Council shall preside over all meetings of the Village and of

the Council, exercising the usual duties of chairman and any others delegated to him/her. The

President may vote on all matters/business before the Council.

Section 2. The Vice-President shall perform all duties of the president in the absence, or

disability of the President.

Section 3. The Secretary of the Council shall keep a complete and accurate record of all

business transacted at Council or Village meetings. It shall be his/her duty to maintain in the

Village office two copies of all adopted minutes of all regular and special meetings of the

Council or Village.

The Secretary shall record all rules, regulations, policies, ordinances, and resolutions in

appropriate books indexing the same and assigning a short title, and may publish the same for the

information of the village.

The Secretary shall post regular meeting notices and agendas three days prior to the meeting.

In the absence, or disability of the President and Vice-President the Secretary shall preside over

meetings of the Council.

The Secretary shall notify each person of his/her election to an office of the Village within five

working days thereof.

Section 4. The Treasurer of the Council shall accept, receive, receipt for, preserve and

safeguard all funds in the custody of the Council, whether Village funds or other funds for which

the Council is responsible. S/he shall deposit all such funds in such banks or elsewhere as

directed by the Council and in accordance with the Federal charter. S/he

shall make and preserve a faithful record of such funds and shall report to the Council all receipts

and expenditures and the amount and nature of all funds in his/her possession or custody. S/he

shall not pay out or authorize disbursement of any funds for which s/he is responsible except

upon written authorization of the Council.

The books and records of the Treasurer shall be audited at least once each year, and at such

other times as the Council shall direct, by a licensed Certified Public Account pursuant to general

accepted accounting practices. The Treasurer shall give copies of the yearly auditor’s report to

the Council and, once each quarter shall give a written financial report to the Village Council.

The Treasurer shall be present, upon request of the Council, at any special or regular meetings

of the Council or Village. The Treasurer may, with the advice and consent of the Council,

appoint assistants.

Section 5. The duties of all appointive officers or agents shall be clearly defined by a

resolution of the council at the time of their appointment. In the absence of the President, VicePresident, and Secretary, the Council Members present at a meeting will appoint from among

themselves a person to preside over the meeting.

Section 6. All accounts, records, books and minutes of the Village shall be subject to

examination by members of the Village pursuant to Village law and applicable Federal law, if

any.

Constitution for the Government of the Chilkat Indian Village

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ARTICLE II – QUALIFICATIONS OF OFFICERS

No person may be a candidate for any elective office unless s/he has the qualifications of a voter.

No person convicted of a major felony may be a candidate or hold elective office in the Village

for a period of two years from the date of completion of sentence including probation, parole or

pardon.

ARTICLE III – INSTALLATION OF OFFICERS

Each person appointed or elected to an office shall subscribe to the following oath of office

before entering upon the duties thereof:

“I, __(state name) ____, do solemnly swear (or affirm) that I will support and defend the

Constitution of the Chilkat Indian Village against all enemies; that I will carry out faithfully and

impartially the duties of my office as ______(state office held) ____________ to the best of my ability; that

I will promote and protect the best interests of the Village, in accordance with this Constitution,

By-laws and Corporate Charter.”

ARTICLE IV – TIME AND PLACE OF COUNCIL MEETINGS

AND ORDER OF BUSINESS

Section 1. The Council shall meet on the first Friday of each month at 9:00 a.m., unless

otherwise ordered by resolution, and may meet at such other times as may be voted by the

Council. The President or three of the Council members may call a special meeting on two days

actual notice to the Council members. Two days notice may be waived for emergency meetings

by at least four Council members.

Section 2. Unless otherwise ordered by resolution of the Council, meetings shall be held at the

principal place of business of the Village, which place shall be such located within the Village of

Klukwan as may be determined by the Village by resolution.

Section 3. Four Council members shall constitute a quorum.

Section 4. The following shall be the order of business unless changed by, or with the consent,

of the Council, namely:

Call to order by the President;

Opening Prayer;

Roll Call;

Announcement of quorum;

Reading of the minutes of last meeting;

Correction or approval of the minutes of last meeting;

People to be heard;

Treasurer’s Report;

Report of Committees;

Unfinished Business;

New Business;

Closing Prayer;

Adjournment.

Constitution for the Government of the Chilkat Indian Village

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Section 5. The Council may adopt regulations governing its procedure, and in the absence

thereof, Robert’s Rules of Order shall govern.

Section 6. Every resolution, after the explanatory clauses, shall begin with the words: “Be it

resolved by the Council of the Chilkat Indian Village . . .”

Section 7. Every ordinance, after the explanatory clauses, shall begin with the words: “Be it

enacted by the Council of the Chilkat Indian Village . . . “

ARTICLE V. – MEETINGS OF THE VILLAGE

Section 1. Regular meetings of the Village shall be held twice a year on the second Monday in

October and the third Monday in April or at other such times as may be voted by the Council.

Section 2. Special meetings may be called at any time by three members of the Council, or by the

President, and must be so called upon petition of one third of the voting membership of the

Village. For such meetings three days’ posted or written notice must be given.

Section 3. One-third of the voting membership shall constitute a quorum at any meeting. Unless

otherwise required by law, the majority-vote of the voting membership participating in a meeting

or election constitutes the act of the membership.

Section 4. Meetings shall be held at the principal place of business unless otherwise ordered by

resolution of the Village or otherwise specified in the notice of a special meeting.

ARTICLE VI. – DEFINITIONS

Section 1. The phrase “voting membership” means any member, who is 18 years of age or older,

who resides in the Village subject to further requirements prescribed by ordinance.

Section 2. The word “majority” means more than fifty percent.

Section 3. The word “Village” when referring to the location of the Chilkat Indian Village

community means the lands and waters owned by, or for the benefit of the Chilkat Indian Village

and any allotments in the vicinity of the Village owned by Village members.

Constitution for the Government of the Chilkat Indian Village

Adopted on the 7th of November, 2006

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.