Tribal Constitution - Fort McDowell Yavapai Nation, Arizona; Tribal Law Gateway

Tribal Constitution - Fort McDowell Yavapai Nation, Arizona; Tribal Law Gateway, National Indian Law Library, Native American Rights Fund

Tribal Law Gateway | Fort McDowell Yavapai Nation, Arizona | Tribal Constitution

Constitution of the Fort McDowell Yavapai

Nation

Received: 1999

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

Table of Contents

Related Correspondence

Preamble

Article I - Territory

Article II - Jurisdiction

Article III - Membership

Article IV - Tribal Government

Article V - Legislative Branch

Article VI - Elections and Voting

Article VII - Judiciary

Article VIII - Bill of Rights

Article IX - Removal and Recall From Office

Article X - Vacancies

Article XI - Initiative and Referendum

Article XII - Amendments

Article XIII - Adoption of Constitution

Article XIV - Repeal of Previous Constitution and Savings Clause

Article XV - Sovereign Immunity

Certificate of Results

Certificate of Approval

CORRESPONDENCE

United

States Department of the Interior

BUREAU

OF INDIAN AFFAIRS WESTERN REGIONAL OFFICE

P.O. BOX 10 PHOENIX, ARIZONA 85001

REFER

TO: Tribal Government Services

(002) 379-6786

Honorable Bernadine Boyd

Fort McDowell Yavapai Nation

PO Box 17779 Fountain Hills

Arizona 85268

Dear Mr.

Boyd:

On November

12,1999, the Deputy Commissioner of Indian Affairs approved the Yavapai

Nation's Constitution as adopted by the eligible voting members of the

Nation on October 19, 1999. The original and one copy of the revised

Constitution is enclosed. I would like to take this opportunity to congratulate

the Tribal Council on the adoption of the new governing document. I

further would like to thank your Election committee on their invaluable

assistance in assisting the Bureau in conducting the Secretarial Election.

Sincerely,

Western

Regional Director

Enclosure

RECEIVED PRESIDENTS OFFICE

United

States Department of the Interior BUREAU OF INDIAN AFFAIRS

Washington, D.C. 20240 IN REPLY REFER: Tribal Government Services

NOV 12 1999

Wayne Nordwall,

Regional

Director Western Region

Office Bureau of Indian Affairs

P. O. Box 10 Phoenix, Arizona 84771

Dear Mr.

Nordwall:

We have received the results of the election held on October 19, 1999,

by the qualified voters of the Fort McDowell Mohave-Apache Indian Community

(Tribe). The election was called in accordance with an order issued

on June 18, 1999, which permitted the qualified voters of the Tribe

to vote on the adoption or rejection of the proposed Constitution of

the Fort McDowell Mohave-Apache Indian Community. As evidenced by the

completed Certificate of Results of Election, the proposed Constitution

was duly adopted on October 25, 1999, by a vote of 61 for, 29 against

and 1 ballot found spoiled, in an election in which at least thirty

percent of the 130 members registered and entitled to vote cast their

ballots. The Constitution of the Fort McDowell Mohave-Apache Indian

Community, as adopted on October 19, 1999, is hereby approved pursuant

to the authority granted to the Secretary of the Interior by the Act

of June 18, 1934 (48 Stat. 984) as amended, and delegated to me. Please

deliver the enclosed approved original document to the Tribe.

Sincerely,

The Deputy

Commissioner of Indian Affairs

Enclosure

cc: Superintendent, Salt River Agency

NOV. 17, 1999

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PREAMBLE

We, the

people of the Fort McDowell Yavapai Nation ("Nation"), formerly known

as the Fort McDowell Mohave-Apache Community, pursuant to our inherent

sovereignty and in order to improve, promote, and maintain our culture,

customs and independence of our people; to provide for the continued

self-government of our people; to encourage the economic well-being

of our people; to promote the rights of our people and their common

welfare; and to preserve, secure and exercise all the inherent rights

and powers of a sovereign Indian Nation, do ordain and establish this

Constitution for the Fort McDowell Yavapai Nation which shall repeal

the Constitution and Bylaws of the Fort McDowell Mohave Apache Community

approved by the Secretary of the Interior on November 24, 1936.

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ARTICLE

I - TERRITORY

The territory

of the Fort McDowell Yavapai Nation shall include all lands within the

exterior boundaries of the Fort McDowell Reservation established pursuant

to the Executive Order of September 15, 1903 and the Act of August 23,

1904 (28 Stat. 491), any and all lands held by the Nation, and to any

additional lands acquired by the Nation, or by the United States for

the benefit of the Nation, except where expressly prohibited by Federal

law.

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ARTICLE

II - JURISDICTION

The jurisdiction

of the Fort McDowell Yavapai Nation shall extend over all persons, property,

lands, water, air space, resources and all activities occurring within

the boundaries of the reservation or on other lands within the jurisdiction

of the Nation notwithstanding the issuance of any right-of-way, except

as the Nation's jurisdiction is limited by Federal law. This Article

shall not be construed or interpreted in any way to limit the jurisdiction

of the Nation.

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ARTICLE

III - MEMBERSHIP

Section

1. All persons whose names appear on the

Fort McDowell Indian Reservation census roll of 1934 shall be members

of the Nation.

Section

2. All descendants of members of the 1934 census roll shall

be entitled to membership in the Nation if they are at least one-quarter

(1/4) degree Fort McDowell Yavapai blood and their name does not appear

on another Indian tribal roll.

Section

3. Every person, duly enrolled pursuant to the 1936 Fort McDowell

Mohave-Apache Community Constitution and By-laws as of the date of adoption

of this Constitution is entitled to membership and is hereby an enrolled

member of the Fort McDowell Yavapai Nation.

Section

4. Enrollment Ordinance. The Tribal Council shall enact

an Enrollment Ordinance within six months of the adoption of this Constitution.

The Tribal Council shall maintain a current roll of the members of the

Fort McDowell Yavapai Nation.

Section

5. Membership Determination. The Fort McDowell Tribal

Council shall have final authority and exclusive jurisdiction over membership

claims upon the exhaustion of all administrative remedies. Administrative

remedies will be determined by the Enrollment Ordinance.

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ARTICLE

IV - TRIBAL GOVERNMENT

Section

1. The Fort McDowell Yavapai Nation government

shall consist of: the Legislative and Judicial branches. No branch shall

exercise powers reserved to another branch. This Constitution shall

be the supreme law of the Fort McDowell Yavapai Nation.

Section

2. The Legislative power and Executive authority of the Fort

McDowell Yavapai Nation shall be vested in the Legislative branch.

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ARTICLE

V - LEGISLATIVE BRANCH

Section

1. Governing Body. The governing

body of the Fort McDowell Yavapai Nation shall be the Fort McDowell

Tribal Council and shall consist of the President, Vice President, Treasurer;

Secretary and two Council Members, all to be chosen by popular vote

of the voters of the Fort McDowell Yavapai Nation.

Section

2. President. The President shall be elected to the Office

of the President by the voters of the Nation. The President shall preside

over the Tribal Council. The President, or any other member of the Fort

McDowell Tribal Council presiding over the Tribal Council in the absence

of the President, shall vote in Tribal Council meetings only in the

case: of a tie, except as otherwise provided in Article VI I, Section

11 and Article IX, Section 1 of this Constitution.

Section

3. Vice-president. The Vice-president shall be elected to the

Office of the vice-president by the voters of the Nation. The Vice-president

shall preside over the Tribal Council in the absence of the President

and shall perform all duties of the President during such periods as

the office is vacant. The Vice-president shall perform such duties of

the President, subject to supervision of the President, as the President

may from time to time delegate. The Vice-president shall be a full voting

participant on the Tribal Council except when presiding over the Tribal

Council.

Section

4. Treasurer. The Treasurer shall be elected to the Office

of Treasurer by the voters of the Nation and shall be a voting member

of the Tribal Council. The Treasurer shall prepare annual financial

reports and maintain and have custody of all financial records of the

Nation. The Treasurer shall provide access to enrolled members of the

Fort McDowell Yavapai Nation to inspect the annual budget of the Nation

during normal business hours. 2

Section

5. Secretary. The Secretary shall be elected to the Office

of Secretary by the voters of the Nation, but shall not be a voting

member of the Tribal Council. The Secretary shall prepare and maintain

the minutes of all Tribal Council meetings and all records of the Nation,

and perform such other duties as the Tribal Council may prescribe.

Section

6. Qualifications For The President, Vice-president and Council

Members. A person shall be eligible for the Office of President,

Vice-president, Treasurer, Secretary or Council Member if such person

meets all the following requirements: (1) is an enrolled member of the

Fort McDowell Yavapai Nation; and (2) has continuously physically resided

within the Fort McDowell Yavapai Nation for at least one year immediately

preceding the election date; and (3) is at least 25 years of age; and

(4) has a high school diploma or GED; and (5) has no felony convictions

or any misdemeanor convictions involving moral turpitude. The foregoing

qualifications shall not be cause to remove any Council Member serving

at the time of the enactment of this Constitution.

Section

7. Term of Office. The President, Vice-president, Treasurer,

Secretary and members of the Tribal Council shall be elected for terms

of four years. If for any reason any such officer fails to complete

the full term, the person filling the vacancy for the office shall complete

such term of office pursuant to Article X.

Section

8. Tribal Council Members Not to Hold Other Employment or

Offices.

A. No member shall hold other employment while serving on the Tribal

Council. No member of the Tribal Council shall be an employee of

or hold another constitutional office in the Fort McDowell Yavapai

Nation government. No member of the Tribal Council shall be employed

in any branch of the United States Government nor shall any member

of the Tribal Council hold any elective office in any other governmental

body. This section shall not prohibit a Council Member from serving

as the Council's representative on boards, associations or committees.

B. Upon written notice by the Tribal Council to a member of the

Tribal Council or the Secretary who has violated this Section 8,

the affected person shall have 14 days to relinquish such employment

or elective office prohibited by this section. If the affected person

fails to relinquish such employment, such elective office shall

become vacant and an election shall be held pursuant to Article

X. This section 8 shall remain in effect so I( as the Tribal Council

is receiving a full salary.

Section

9. Compensation. Salary increases for the President, Vice-president,

Treasurer, Secretary and all Council Members shall be approved by a

majority of the eligible voters of the Nation. This section shall not

apply to standard cost of living increases which are afforded to all

other employees of the Nation for that particular year.

Section

10. Other Officers. The Tribal Council may create other offices,

and prescribe the qualifications and duties thereof and the manner in

which they shall be filled. 3

Section

11. Meetings of Tribal Council.

A. The Tribal Council shall hold its regular meeting on the first

Tuesday of each month, unless special circumstances arise. Special

meetings shall be held at the request of the President or at the

request of three members of the Tribal Council, notice to be given

to all members of the council at least three days before such meeting.

In case of an emergency, the three day notice shall be suspended,

provided that all members of the Tribal Council are afforded reasonable

notice, and further that at least three of the Council Members agree

to the meeting.

B. A majority of the members of the Tribal Council shall constitute

a quorum for the transaction of business. In the absence of the

President and Vice President from any regular or special meeting,

the Tribal Council members shall choose a presiding officer for

such meeting from among the members of the Tribal Council present.

C. There shall be no proxy voting by the Tribal Council.

D. No member may vote on an issue wherein such Council Member has

a financial or personal interest, unless approved by a majority

of the remaining members. Any Tribal Council vote, where a member

of the Tribal Council had a financial or personal conflict of interest,

that was not approved by a majority of the remaining Tribal Council,

shall be voidable.

E. Tribal Council meetings shall be open to members of the Nation,

except when the Tribal Council calls for an Executive Session by

a majority vote of the quorum present. Executive Session meetings

shall be closed. The Tribal Council shall adopt an open meetings

ordinance.

Section

12. Attendance Required. If a member of the Council fails to

attend three successive regular or special meetings of the Tribal Council,

the Council office held by that member shall be vacant at the adjournment

of the next succeeding regular council meeting unless that member is

excused by a majority of the Council or is absent because of illness.

At any time prior to the time the office becomes vacant, the Tribal

Council may determine that the member's absence was due to reasons satisfactory

to the Tribal Council, then the Council office will not become vacant.

Section

13. Powers of the Legislature. The Tribal Council, the

designated Legislative body, shall have authority to exercise any and

all powers inherent as a sovereign Indian Nation and those powers delegated

to or hereafter vested in the Fort McDowell Yavapai Nation, except where

expressly prohibited by Federal law and this Constitution. The Tribal

Council's powers shall include but are not limited to the following:

4

A. Powers:

1. To regulate its own procedures; to appoint committees, advisors

and clerks; to provide further safekeeping of its records; to

establish and disestablish departments and offices of the tribal

government; to prescribe the functions, powers, procedures, qualifications

and duties of its personnel;

2. To govern the civil and criminal conduct of persons within

the jurisdiction of the Nation;

3. To enact and enforce ordinances regulating the following:

civil actions, crimes, law enforcement, gaming, zoning, business,

signs, land use, environmental quality, housing development and

improvement, uniform building codes and enforcement, the sale

and use of tobacco and alcoholic beverages, protection of minors

and mental incompetents, including the appointment of guardians,

custodial care and adoptions;

4. To establish law enforcement agencies;

5. To protect and regulate the public health, safety, and

morals of the Nation;

6. To provide for the public welfare and particularly the welfare

and protection of children, the poor, disabled and aged;

7. To regulate the domestic relations of persons within the jurisdiction

of the Nation;

8. To prescribe rules of inheritance and enact laws to provide for

the administration of probate estates

9. To regulate hunting and fishing;

10. To regulate livestock and animal health;

11. To prescribe and regulate safe standards for housing, buildings

and structures;

12. To administer, protect and preserve historic and prehistoric

arts, crafts, sites and other items;

13. To authorize, charter and regulate voluntary associations,

economic enterprises and corporations for business or charitable

purposes;

14. To remove and exclude from the territory of the Fort McDowell

Yavapai Nation, nonmembers who violate tribal laws or ordinances,

or whose presence is found detrimental to the peace, health or

morals of the Fort McDowell Yavapai Nation;

15. To consult, negotiate, contract, conclude and perform agreements

with Federal, state, local governments and Indian tribes, as well

as any person, association, partnership, corporation, government

or other private entity on behalf of the Fort McDowell Yavapai

Nation;

16. To employ legal counsel consistent with the requirements of

Federal law;

17. To prevent the sale, lease, disposition, or encumbrance of

lands and interests in lands, without the consent of the Tribal

Council;

18. To lease and otherwise grant to private persons, entities

and public bodies the right to use tribal lands consistent with

the requirements of tribal and Federal laws;

19. To enter into agreements concerning the use, exploration,

development and extraction of the natural and mineral resources;

20. To acquire and/or convey lands or other property by gift,

escheat, will, exchange, purchase or sale; and to acquire lands

or other property needed for public purposes by negotiation or

condemnation;

21. To manage the lands, natural resources and other public property

of the Nation;

22. To regulate use and disposition of private property within

its territory;

23. To enact an annual budget for the various and particular functions

of the tribal government;

24. To enact and levy taxes, duties, fees and assessments on persons,

entities, transactions and property; and

25. To borrow money or loan money for public purposes and to secure

the repayment thereof.

B. To Take Necessary Action To Exercise Its Powers.

1. To enact laws, ordinances; resolutions and take such actions as

shall be necessary or incidental to the exercise of its legislative

powers; and

2. Take any and all other actions necessary and proper

for the exercise of the foregoing powers and duties, including

those powers and duties not enumerated above, and all other powers

and duties now or hereafter delegated to the Tribal Council, or

vested in the Tribal Council through the Nation's inherent sovereignty

or through Federal law.

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ARTICLE

VI - ELECTIONS AND VOTING

Section

1. Election Ordinances. The Tribal

Council shall enact ordinances to prescribe elections, and to provide

for the appointment of independent Election Board officials as are necessary

to impartially and fairly supervise elections conducted under this Constitution

prior to the first regular scheduled election pursuant to this Constitution.

The election ordinance shall include, among other things, tie-votes,

voter qualifications, write-in ballots, absentee voting, secret ballots

and the Election Board. Appointments to the Election Board shall be

for a specified term as established by ordinance. Once appointed, the

Tribal Council may only remove an Election Board official for good cause,

as defined in the Election Ordinance.

Section

2. Elections.

A. Regular Elections are the regularly scheduled elections for

elected offices pursuant to this Constitution.

B. Special Elections are any elections other than a Regular Election,

including but not limited to: Article VI, Section 2(D); Article

IX, Section 2; Article X; and Article XI.

C. Elections for President, Vice President, Treasurer, Secretary

and Council Members shall be held on the second Tuesday in January

in even numbered years. The candidate with the most votes for that

specific office, certified as elected by the Election Board, shall

be installed into office the second Tuesday in February. All elected

officers shall hold office until their successors have been elected

and installed.

D. The regular term of office shall be four-year terms for all

elected officers. The first election under this Constitution shall

be held in January 2000. The President, Treasurer, and one Council

Member shall be elected for regular four-year terms and the terms

of those offices will thereafter be four-years. The Vice-president,

Secretary, and one Council Member shall be elected for two-year

terms, expiring in January 2002. The Council Member receiving the

most votes in this election will serve the four-year term. The regular

election for the Vice-president, one Council Member, and the Secretary

will begin in January 2002 and the terms of office will thereafter

be four years.

Section

3. Candidates for President, Vice-president, Treasurer, Secretary,

and Council Members. A candidate for President, Vice-president,

Treasurer, Secretary and Council Members shall be required to obtain

signatures from qualified voters, the number of signatures required

and the procedures to be established by ordinance for a candidate to

be placed on the election ballot. The signatures shall be submitted

to the Election Board for verification.

Section

4. Voter Qualification. Any enrolled member of the Fort McDowell

Yavapai Nation, 7 who is at least 21 years of age on the date of the

election and meets any other voting ordinance requirements may vote

in any tribal election.

Section

5. Absentee Voting. The Tribal Council shall enact ordinances

to provide uniform and standard forms for voting by absentee ballot

so as to allow persons to vote who are otherwise qualified and who cannot

be physically present at the Fort McDowell Yavapai Nation on the date

of any election.

Section

6. Secret Ballot. All elections within the Fort McDowell Yavapai

Nation shall be conducted by secret written ballot.

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ARTICLE

VII - JUDICIARY

Section

1. The Judicial Department. The

judicial power of the Fort McDowell Yavapai Nation shall be vested in

the Fort McDowell Yavapai Judiciary which shall consist of a Trial Court

and Supreme Court and such other lower courts or lower alternative dispute

resolution forums as are deemed necessary by the Tribal Council.

Section

2. Jurisdiction of the Court.

A. The Judiciary shall exercise jurisdiction over all cases and controversies

within the jurisdiction of the Nation, in law and equity, whether

civil or criminal in nature, that arise under the Constitution,

laws, customs, or traditions of the Nation, by virtue of the Nation's

inherent sovereignty, or which is vested in the Judiciary by Tribal

or Federal law.

B. The maternity or paternity of an applicant for enrollment shall

be decided exclusively by the Judiciary and the decision of the

Judiciary shall be final for membership purposes.

Section

3. Power of the Courts. The Judiciary shall have the power to:

A. interpret, construe and apply this Constitution and the laws and

customs of, or applicable to, the Fort McDowell Yavapai Nation;

B. declare the laws of the fort McDowell Yavapai Nation void if such

laws are inconsistent with this Constitution;

C. issue injunctions, attachments, writs of mandamus, quo warrant,

review, certiorari and prohibition, and writs of habeas corpus upon

petition by, or on behalf of, any person held in actual custody;

and

D. establish court rules and procedures for the Judiciary, except

that the Tribal Council may by ordinance modify such procedures

consistent with this Constitution. 8

Section

4. Composition of the Trial Court. The Fort McDowell Trial Court

shall be composed of one Chief Judge and other Associate Judges as may

be determined by the Tribal Council.

Section

5. Appointment of Judges. The Chief Judge and Associate

Judge(s) shall be appointed by a majority of the Tribal Council. Should

a vacancy occur through death, resignation, or otherwise, for the position

of Chief Judge or Associate Judge(s), the Tribal Council shall appoint

a person or persons to fill such vacancy or vacancies.

Section

6. Term of Office. The Chief Judge and other Associate Judge(s)

shall hold office for a period of two years, unless sooner removed under

section 11, or by reason of abandonment of the office; however, the

Chief Judge or Associate Judge(s) shall be eligible for re-appointment

Section

7. Supreme Court. The Fort McDowell Yavapai Nation Supreme

Court shall consist of three Judges appointed by the Tribal Council.

Supreme Court Judges shall serve four-year terms. Initially, two Judges

shall be appointed to four-year terms and one Judge shall be appointed

for a two-year term. At the end of the two-year term, a Judge shall

be appointed for a four-year term. The Supreme Court Judges shall be

eligible for reappointment. No Judge shall sit on a Supreme Court proceeding

if he presided over -the original proceedings or if disqualified under

Article VII, Section 10.

Section

8. Qualification of Judges. The qualifications for Judges

shall be established by ordinance enacted by the Tribal Council, but

no additional requirements may be added during the tenure of a Judge

already in office, unless the additions or changes exempt the present

Judge(s) during their term.

Section

9. Compensation. The Judge(s) shall receive for their

services reasonable compensation established by the Tribal Council.

The Tribal Council shall not diminish the compensation of a Judge during

his term in office.

Section

10. Disqualification to Act. No Judge shall preside in

any case wherein he has any direct interest or wherein any party is

a relative by past or present marriage or blood. The Tribal Council

may establish by ordinance the scope and limitations of this section.

Section

11. Removal of Judges:

A. The Tribal Council may suspend, dismiss or remove any Judge of the

Trial or Supreme Court by a unanimous vote of all five members of

the Tribal Council. 1 The presiding officer of the Tribal Council

shall cast a vote relative to the suspension, dismissal or removal.

A Judge shall be removed for any of the following reasons:

1. conviction of. a felony in any Federal, state or tribal court;

2. conviction in any court of bribery, embezzlement, extortion,

fraud, forgery, perjury, theft, any alcohol related or drug related

driving offense, contributing to the delinquency or dependency

of a minor, or any other crime of moral turpitude;

3. substantial and documented nonfeasance, misfeasance, or malfeasance

with regard to official duties.

B. A Judge shall be given notice of the charges and fair opportunity

to reply to any and all charges for which he may be suspended, dismissed

or removed from judicial office.

C. A Judge suspended, dismissed or removed under Article VII, Section

11 (A) may appeal directly to the Supreme Court which shall have

jurisdiction over such matters. The Supreme Court decision shall

be final.

Section

12. Right to Appeal. Any party may appeal a verdict or judgment

of the Trial Court to the Supreme Court in accordance with, and subject

to ordinance establishing the Rules of Appellate Procedure. The Supreme

Court's decision shall be final.

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ARTICLE

VIII - BILL OF RIGHTS

Section

1. The Fort McDowell Yavapai Nation in exercising

its powers of self-governance shall not:

A. Make or enforce any law prohibiting the free exercise of religion,

or abridging the freedom of speech, or of the press, or the right

of the people peaceably to assemble and petition for redress of

grievances.

B. Violate the right of the people to be secure in their persons,

houses, papers, and effects against unreasonable search and seizures,

nor issue warrants but upon probable cause, supported by oath or

affirmation, and particularly describing the place to be searched

and the person or thing to be seized.

C. Subject any person for the same offense to be twice put in jeopardy.

D. Compel any person in any criminal case to be a witness against

himself.

E. Take any private property for public use without just compensation.

F. Deny to the accused in a criminal proceeding the right to a speedy

and public trial, to be informed of the nature and cause of the

accusation, to be confronted with the witnesses against him, to

have compulsory process for obtaining witnesses in his favor, and

at his own expense to have the assistance of counsel for his defense.

G. Require excessive bail, impose excessive fines, inflict cruel

and unusual 10 punishment, and in no event impose for conviction

of one offense, any penalty or punishment that is expressly prohibited

by Federal law.

H. Deny to any person within its jurisdiction the equal protection

of its laws or deprive any person of liberty or property without

due process of law.

I. Pass any bill of attainder or ex post facto law.

J. Deny to any person accused of any offense punishable by imprisonment

the right, upon request, to a trial by jury of not less than six

persons.

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ARTICLE

IX - REMOVAL AND RECALL FROM OFFICE

Section

1. Removal.

A.

Causes for removal: The office of any elected official of the

Fort McDowell Yavapai Nation shall be forfeited and declared vacant

if such official, during such officer's term of office, is:

1. Convicted of any felony or a misdemeanor involving moral turpitude

and no appeal is pending; or

2. Fails to physically reside within the Nation during his term

of office; or

3. Is found guilty by the Tribal Council of neglect of duty, malfeasance

in office, or misconduct affecting the dignity and integrity of

the tribal government.

B.

Hearing.

1. An elected official shall be removed from office by

a unanimous vote of the remaining members of the Tribal Council

after a hearing before the Tribal Council. Five days before such

hearing a written statement of the charges shall be served by

the Tribal Council on such person and at that hearing an opportunity

to answer such charges shall be allowed.

2. All remaining members of the Tribal Council must be present

during the vote to remove any Council Member. For the purpose

of this section, the presiding officer of the Tribal Council shall

cast a vote. The person subject to removal shall not cast a vote.

3. No more than two elected officials may be recalled at a time.

4. No member of the Tribal Council may vote on the removal wherein

such member has been charged with the same offense.

Section

2. Recall.

A. The Election-Board shall hold a Special Election to recall an elected

official upon the filing with the Election Board of an official

recall petition form, demanding the recall of any elected officer,

signed by at least 40 percent of the total qualified voters of the

Nation, provided that the office held by such person shall not be

subject to election at a regular general election within 90 days

of the date the recall petition is filed.

1. Such election shall be called and held between 20 and 30 days

from the date of the filing of the petition.

2. No Council Member or other elected official shall be recalled

unless a majority of the qualified voters voting in the recall

election vote in favor of the recall, and at least 40 percent

of the voters of the Nation vote in the recall election.

3. No more than two elected officials may be recalled at a time.

B. Every official recall petition must contain a clear and concise

statement of the grounds for the recall.

C. Any recalled official shall not be eligible for elected office

for a period of eight years after their recall from office.

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ARTICLE

X - VACANCIES

Section

1. Tribal Council. If for any reason,

any office of the Tribal Council or the Secretary becomes vacant, the

Election Board shall within 30 days call and hold a Special Election

for a person to serve the unexpired term of the vacant position. If

said vacancy occurs within 90 days of the next general election, the

vacant office shall be filled at the next general election. Incumbent

member(s) of the Tribal Council may run for the vacant seat, provided

such member resigns their current office.

Section

2. Vacancy of Both Offices. If the offices of both the

President and Vice President are vacant under the conditions get out

in Sections 1 of this article, the Tribal Council shall within 24 hours

appoint one of its members to serve as acting President until the offices

of the President and Vice President shall have been filled by election

as provided above for the balance of the term(s).

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ARTICLE

XI - INITIATIVE AND REFERENDUM

Section

1. Initiative.

A.

Petition and Election: Upon receipt by the Election Board of

a written petition signed by not less than 30 percent of the total

number of qualified voters of the Fort McDowell Yavapai Nation and

calling for a vote to consider the enactment of any ordinance or

resolution, or other official action, Election Board shall hold

a Special Election to consider the enactment of such ordinance or

resolution, or other official action. The election shall take place

between 30 days and 60 days after receipt of the petition by the

Election Board.

B.

Required Votes for Passage: If a majority of the voters voting

in the Special Election are in favor of the enactment or repeal

of such an ordinance or resolution, provided that at least 30 percent

of the qualified voters vote in such an election, the ordinance

or resolution shall be enacted or repealed. No action undertaken

by this procedure shall be overturned by the Tribal Council. .

C.

Contractual Obligations: No petition shall be effective if its

enactment would impair the obligations of any contract previously

authorized by an ordinance or resolution of the Tribal Council,

unless such petition is submitted to the Election Board within 30

days of said obligation.

Section

2. Referendum. The Tribal Council may refer to the voters of

the Nation proposals for the enactment of ordinances or resolutions

which shall be enacted only after the approval by a majority of the

voters who vote in such an election, provided that at least 30 percent

of the qualified voters vote in such election.

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ARTICLE

XII - AMENDMENTS

This Constitution

may be amended by a majority vote of the voters of the Fort McDowell

Yavapai Nation voting in an election called for that purpose by the

Secretary of the Interior, provided that at least 30 percent of those

who in accordance with Secretarial regulations shall vote in such election,

but no amendment shall become effective until it shall have been approved

by the Secretary of the Interior or by operation of law. It shall be

the duty of the Secretary of the Interior to call an election on any

proposed amendment at the request of the Tribal Council or upon receipt

of a petition signed by not less than 30 percent of the voters.

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ARTICLE

XIII - ADOPTION OF CONSTITUTION

This Constitution,

when adopted by a majority vote of the voters of the Fort McDowell Yavapai

Nation voting at a special election authorized by the Secretary of the

Interior in which at least 30 percent of those registered in accordance

with Secretarial regulations to vote shall vote, shall be submitted

to the Secretary of the Interior for his approval and, if approved by

the Secretary of the Interior or by operation of law, shall be effective

from the date of such approval. 13

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ARTICLE

XIV - REPEAL OF PREVIOUS CONSTITUTION AND SAVINGS CLAUSE

Section

1. The Constitution and Bylaws of the

Fort McDowell Mohave-Apache Community approved by the Secretary of the

Interior on November 24, 1936, shall be considered superseded upon ratification

and approval of this Constitution.

Section

2. All prior laws, ordinances and resolutions enacted pursuant

to the 1936 Fort McDowell Mohave-Apache Community Constitution shall

remain in full force and effect to the extent that they are not inconsistent

with this Constitution until such time as they might be duly rescinded

or repealed pursuant to the provisions of this Constitution.

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ARTICLE

XV - SOVEREIGN IMMUNITY

Section

1. The Fort McDowell Yavapai Indian Nation

possesses sovereign immunity. The Nation's sovereign immunity extends

to the Nation, the Nation's officers, enterprises, departments, and

employees except as prohibited by this Constitution. Except as expressly

provided herein, nothing in this Constitution shall be construed to

effect a waiver of the Nation's sovereign immunity.

Section

2. The Nation's immunity is waived for these purposes:

A. Any duly enrolled member of the Fort McDowell Yavapai Nation may

bring an action exclusively in the Fort McDowell Yavapai Judiciary

against the Tribe or Tribal Council to enforce the terms of this

Constitution for equitable and injunctive relief, but this section

(2)(A) shall not be deemed a waiver of sovereign immunity for purposes

of any monetary damages against the Nation.

B. The Tribal Council may authorize a waiver of sovereign immunity,

but only in writing and in clear and unequivocal language.

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CERTIFICATE

OF RESULTS

Pursuant

to a Secretarial election authorized by the Deputy Commissioner of Indian

Affairs on June 18, 1999, the Constitution of the Fort McDowell Yavapai

Nation was submitted to the qualified voters of the Fort McDowell Mohave

- Apache Indian Community and on October 19,1999, was duly adopted/rejected

by a vote of 69 for, and 29 against, and 1, cast ballots found spoiled

or mutilated, in an election in which at least 30 percent of the 130

entitled to vote, cast their ballots in accordance with Section 16 of

the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended.

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CERTIFICATE

OF APPROVAL

I, Hilda

Manuel , Deputy Commissioner of Indian Affairs, by virtue of the authority

granted to the Secretary of the Interior by the Act of June 18, 1934

(48 Stat. 984) as amended, and delegated to me, do hereby approve the

Constitution of the Fort McDowell Yavapai Nation. This Constitution

is effective as of this date, PROVIDED, That nothing contained in this

approval shall be construed as authorizing any action under this document

that would be contrary to Federal law.

Deputy

Commissioner of Indian Affairs

Washington, DC

Date: 11-12-99

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