- GREENVILLE RANCHERIA

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CONSTITUTION

OF THE — -

- GREENVILLE RANCHERIA

We, the Indians of the Greenville Rancheria, originated near the town. of Greenville; ‘Phackes..

- County, California, in order to form a recognizéd representative organization to manage all tribal:

affairs; to preserve and make secure our tribal heritage and identity; to safeguard our interests

and general welfare; to improve the economic conditions of ourselves and our-Tribe; do hereby

approve and adopt this Constitution pursuant to the Indian Reorganization Act - ve 18, 1934

aia Stat. oa, as s amended.

ARTICLE I - NAME ©

The name of this ‘Tribe shall be the Greenville Rancheria (hereafter, "the Tribe").

_ ARTICLE i - PURPOSE

Pursuant to the Act of June 18, 1934, and the judgment entered in Tillie Hardwick v. United

States of America, U.S. District Court for the Northern District of California, No.

C-79-1710-SW, the members of the Greenville Rancheria do hereby adopt . this Constitution

which shall henceforth constitute the governing document of the Tribe, for the purpose of

governing ourselves, to promote and protect the interests of the Tribe, and to enhance peaceful

and cooperative relations with other tribal, Federal, State, and local government(s) and other

entities.

ARTICLE Il - TERRITORY

” The jurisdiction of thé Tribe shall extend to the territory within the boundaries of the Greenville

>) as established in the judgment entered in Tillie Hardwick v. United States of

_ U.S. District Court for the Northern District of California, No. C-79-17 10-SW, and

to =k other lands as may be hereafter acquired by the Rancheria, whether within or without

said boundary lines, under any grant, transfer, ‘purchase, adjudication, treaty, Executive Order,

a ____ Act of Congress, or other acquisition, subject to Federal law. The jurisdiction of the Greenville

Rancheria shall also extend to affiliated Indian country which is located contiguous to the

Greenville Rancheria or contiguous to other Jends acquired by or fer the Tribe.

ARTICLE Vv- "MEMBERSHIP

Section lL. Montene. The membership of the Tribe shail consist of the following:

(a) ~All persons whose names are listed on the Plan for the Distribution ;

of Assets of the Greenville Rancheria approved by the Secretary of

the Interior on March 25, 1960, pursuant.to the California

-Rancheria Act of August 18, 1958; as amended. The Distribution

a shall constitute the base ee roll of the Rancheria.

(b) | ional Descendants of persons ‘Whose’ names are listed on the base

membership roll, PROVIDED, That he/she possesses at least one .

“ee (1/8) degree 01 or more feces Sabian Blood. ’

~.(c) All children born after the ities ‘of this Constitution to. any

member “— are one sigiath (1/8) degree or more Indian blood.

Section 2. | Dual _— Prohibition: “No person shall be eligible to ne a member of the -

_ Greenville Rancheria if that person is enrolled in another federally recognized Indian tribe. Any

... member of the Greenville Rancheria who applies to be and is accepted as a member of another

federally recognized tribe shall be subject to disenrollment and the forfeiture of all rights and

~ benefits to which tribal members are, entitled by virtue of their membership: PROVIDED,

However, That if a parent or guardian of a minor has enrolled the minor in another federally

recognized Indian tribe, the minor, after ieee the age of majority, may apply for enrollment

in the Greenville Rancheria. a

Section 3. —s of Membership. “The Tribal Council shall have the power. to enact

ordinances, consistent with this Constitution and subject :to approval by the Secretary of the

Interior, governing future membership, including application and ee procedures, and loss of

membership. ;

Section 4. Relinguishment of a Any person who wishes to relinquish —

in the Tribe must submit such relinquishment in writing to the Tribal Council Chairperson who

shall direct the enrollment committee to adjust its records accordingly. However, any member

_ who voluntarily relinquishes membership shall not again be eligible to enroll as a member of the

Greenville! Rancheria.

-. ARTICLE V - RIGHTS OF MEMBERS

Except as otherwise provided by this Constitution, all members of the Tribe shall be accorded

by the governing body equal rights, equal protection, and equal.opportunities to participate in the.

economic resources and activities of the Tribe, and no member shall be denied any of the rights. ~~

or guarantees'set forth in the Indian Civil Rights Act of April 1, 1968 (82 Stat. 77) including but

not limited to. freedom of religion and conscience, freedom of speech, the right to orderly

association or asseinbly, the right to petition for action.or the redress of grievances, and due

_ process of law.

ARTICLE VI - GOVERNING BODY

‘Section 1. . Tribal Council. ‘The governing body of the Greenville Rancheria shall be ‘the

Tribal Council. It shall be the duty of the Tribal Council to govern all‘the people, resources,

land, and water reserved to the Tribe in accordance with this Constitution, and under such laws

as may hereinafter be adopted by the Tribal Council. is. 4

Section 2. .: Composition. “The Tribal Council shall consist of a Chairperson, a Vice

Chairperson, a Secretary/Treasurer and two (2) Members, all elected at-large from the tribal

‘membership, by a majority of the votes cast by eligible voters in an election. Except as provided

in Article [IX herein, each Tribal Council member shall serve for a term‘of four (4) years.

__ ARTICLE VII - POWERS OF TRE TRIBAL COUNCIL

Section 1. | Enumerated Powers. The Tribal Council shall exercise all the powers and

responsibilities provided under the Indian Reorganization Act of June 18,.1934 (48 Stat. 984),

as amended, and such powers and responsibilities hereinafter provided subject to any limitations

imposed by Federal law and this Constitution. er a

(a) To consult, negotiate, contract, or cenclude agreements with

Federal, State, local and tribal governments and with private

persons and organizations; So

(b) | To employ legal counsel, the choice of counsel and fixing of fees ;

to be subject to the approval of the Secretary of the Interior so long —

as such approval is required by Federal law;

“Xc) ~ To make recommendations to the Secretary of the Interior, or to

his authorized representative, with regard to all appropriation

estimates for all projects which are for the benefit of the members

-* of the Tribe, prior to the submission of such estimates tothe Office

' Management and Budget and Congress; co

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| To borrow money from. public and — sOUrCceS and to pledge,

mortgage or assign Rancheria assets other than real property and

. . tribal assets from which income is derived and which is held in

—(e)

(A)

(n)

(

(1) |

(m)

trust by the United States of America;

To set aside and to expend tribal funds for tribal purposes;

To impose fees and assessments ‘for community purposes on

members. and those doing business within tribal territory;

PROVIDED, That no fees or assessments shall be: imposed on real :

Par held in trust by the United States - America;

To capes and regulate cexporasions. ‘cooperatives, associations,

special districts, educational and charitable institutions, political

sear and other entities;

5 To —_ and regulate the siiitnad of all business activities within -

2 tribal a menai ,

-To establish enterprises as branches or agencies of: thé tribal

government, and otherwise to engage in business activities and.

projects which promote the economic well: -being of the Tribe and

. its members;

To purchase and to acquire in other ways land and other property;

To manage, develop, protect and regulate the use of water,

minerals, and all other natural resources within the jurisdiction of

the Tribe;

_To enact laws and codes governing the conduct of individuals and

‘prescribing disciplizary action for offenses against the Tribe; to

maintain order; to protect the safety and welfare of al! persons

_ within tribal jurisdiction; and to provide for the enforcement of the

laws “a codes. of the The,

To establish courts and administrative bodies, wai to provide for

the courts’ jurisdiction, procedures, and a method for the selection

of judges;

To assert as a defense to lawsuits —— the Tribe the sovereign

_ immunity of the ‘Tribe, except that: no. waiver. of sovereign

immunity can be made by the Tribal Council without” prior

ree of the general analtii

(p). To provide ‘for. the suardianship of minors and incompetent p persons

within tribal jurisdiction: to provide services for the -health, -

education and welfare of all persons within tribal jurisdiction; to

_ -reassume jurisdiction and regulate child dependency proceedings as.

provided j in the Indian Child Welfare Act of 1978 P. L. 95- 608).

' (q) To appoint, direct ant set the compensation of all Tribal Business

~ (. + Administrators or Managers: and other tribal employees and to

"establish policies and rr eae for. the employment of tribal -

semiployees. 3 .

(r): Subject to any (tnitiets uniaiand lt shi Constitution, to _—

- any Of the foregoing powers vested’ in the Tribal Council to

subordinate boards or committees, tribal officials, employees, or .

other a acres om, and” -

~, (s) a To take all actions which are necessary and proper for dns exercise _

- of the powers delegated to the Tribal Council or to any person or

_ committee under we al x the Tribal Council.

Section 2. lieceeosl a All rights, powers ak — expressed, implied, or -

_ otherwise ae in the Tribe, not expressly referred to in these articles, shall not be hereby ©

abridged but shall be exercised by the Tribal Couneil through the siti of appropriate

meena | to this eae. . .

ARTICLE as MEETINGS |

Section 1... Tribal ee testes All meetings of the Tribal Council shall be open to all

tribal members, PROVIDED, However, That the Council may recess to discuss any matter’

involving litigation or the privacy of an individual member in a closed executive session if the

_ general subject. matter to be discussed is expressed in the motion calling for such session and no

‘final action is taken in the closed or executive session. Except as provided-by this Constitution

or other. laws of the Tribe, all meetings of the Tribal Council shall be.conducted i in accordance

- with Robert's Rules of alaaee Meetings shall be held in accordance with the following

provisions: _ . ,

(a) Frequency. Regular monthly meetings of the Tribal Council shall

. 4 be held no fess frequently than once each month, as designated by

"an ordinance.’ The Tribal Council may set more frequent regular

4 meetings as are necessary.

0).

(©)

(d)

(e).

Section 2.

- (a)

(b)

tons

Quorum. The Tribal Council —— is- hereby setaisiatind. as

” three (3) Council: members: No business shall be conducted unless

a s ctice is present aire Voting.

Voting. Each —e of the Tribal Council, seeing officers,

shall have one (1) vote.

Special Mectines, — meetings of the Tribal Council may be

called when requested by a majority of the Tribal Council, and ©

shall be called when tequested by thirty percent (30%) of the

eligible yoting members of the Tribe. Reasonable notice shall be

given in regard to any. special mnicen! ‘and shall specify the —

purpose of the meeting.

‘3 Regulation of Seetines Within o one —_— sate (180) o— of

the effective date of this Constitution, the Tribal Council shall

"enact an ordinance, ‘consistent with this Constitution, governing

. Tribal Council meetings, including frequency of meetings, what

' constitutes reasonable notice for special meetings, the manner of

giving notice, as well as ‘providing for emerge meetings.

Misconduct. lant Tribal Council member or persons of the Genexal

Council displaying actions of misconduct at any mipetings shall be

; asked to vacate the premises.

Annual embershi — The general membership of the Tribe shall

meet at least once every se at a place, time and date to be established by the om Council.

‘Notice: At least thirty (30) days prior to the date of the cael

meeting, written notice of the meeting and the agenda for the

_IMeeting shall be mailed to each member eighteen (18) years of age

or older setting forth the date, time, and place that the annual

meeting will be held.

Quorum . Each voting member shall have one vote on all matters

considered at any meeting of the general. membership. ‘A voting

member must be present to vote. All matters to be voted on ata

general membership meeting shall be approved or disapproved by

a majority vote of those present and voting. There shall be no

quorum requirement for a general membership meeting,

- PROVIDED, However, That votes of the general membership shall

-be advisory only ‘unless a minimum | of thirty percent (30%) of the

- eligible voting members are in attendance.

(c). Tribal Council Attendance. All members of the Tribal Council . -

. Shall attend all general miembership meetings and report on those

- items on the agenda. Failure of any council member to attenda

general membership’ meeting, Except for illness, the death or . -

illness ‘of a member of the Council's immediate family, shall be. |

~ grounds for removal. (Immediate family shall mean father, mother,

brother, sister, spouse, child or grandparent.) The removal ofa

Council member under. this section shall be decided by a vote of

-the general membership.. a ee: fc

(d). Duties of the Tribal Council. The Chairperson shall preside over. .

_.. the meeting of the general membership. “The Council shall prepare ~ -

. at least thirty (30) days before the general membership méeting an

agenda for the meeting.. The items on the agenda shall include but

not be limited to a written report by the Treasurer on the finances

. of the. tribal - government; the names of persons . enrolled,

mY ; _ disenrolled or who relinquished membership during the fiscal-year

a ‘immediately preceding the Meeting; a written report. by the

Chairperson on all enactments .of the Tribal Council during the

year immediately preceding the meeting with a short, summary

“explaining each law. - ; age at

ARTICLE IX - ELECTIONS

Section 1. Tribal Council Election. The first election under this Constitution shall be held

within ninety (90) days of the effective date of this Constitution at which time a system of

staggered terms shall be established pursuant to the requirements of this Constitution. Elections -

shall be held by secret ballot. The three (3) members receiving the highest number of votes in

_ the first election shall hold office for a period of four (4) years and the two (2) remaining

members shall hold office for a period of two (2) years. Thereafter, all'the terms of office shall

be for a period of four (4) years. Council members shall hold office until their -successers are

duly elected and installed. Newly elected officers shall assume their respective office and duties

immediately upon being elected.

Section 2. Qualifications. Any enrolled member eighteen (18) years of age or more shall be

eligible to vote in tribal elections. Any enrolled member eighteen (18) years of age or more and

who has never been convicted of a felony or misdemeanor involving moral turpitude such as, but

' not limited'to, fraud, embezzlement, or theft, shal! be eligible for election to the Tribal Council,

. Section 3. oo and Removal: From Office. If a Council member or official shall. die,

resign, be eno or recalled from office, or be found guilty of a felony or a misdemeanor

involving dishonesty, the Tribal Council shall declare the position vacant and shall apes a. |

mpualiieet member of the Tribe to fill the unexpired term.

The Tribal Council may by a vote of three (3) expel any. sinter. for agian of duty or gross

misconduct. Before any vote for expulsion is taken, such member or official shall be given a:

written statement of the charges against him or her at least five (5) days before the meeting of.

the Tribal Council at which the matter of expulsion is to be decided, and the accused shall be

ine! an eapertaeiy to answer any and all chasges at the oiniad council sina

Séntion 4. lection Day. Biectlbns shall be held as designated by an sieeiie ordinance as. a

“Provided i in 1 Senin 5 of this Article.

‘Section 5. Election Ordinance.” The Tribal Croncil shall’ adopt an election ordinance -

‘consistent with this Constitution within six (6) months of the effective date of this Constitution ©

_ which shall set forth the procedures to be’ followed. in conducting elections called for.in this

Constitution. The ordinance shall include provisions for conducting all tribal elections by secret . |

ballot, rules for calling elections, absentee balloting procedures; procedures for nominations, .

- voter registration, maintenance ofan eligible voter's list, the form of ‘ballot, establishment of

polling places, selection of election officials, Validation of —— and oe resolution of election

staiaitas ;

ARTICLE X- PPPS PARTICIP ATION IN GOVERNMEN e

Section 1.°. —e The Tribal Council shall, upon receipt of a petition signed by thirty

percent (30%) of the qualified voters, submit any enacted or proposed tribal legislation toa

referendum of the.eligible voters. The decision of a majority (51%) of the voters voting in the

referendum shall be final, PROVIDED, That thirty percent (30%) of the qualified voters voted:

The Tribal Council shall call the referendum within thirty (30) days from the date of the receipt

of a valid petition.

Section a Initiative. The qualified voters of the Tribe reserve the power to independently

propose tribal legislation. Any proposed initiative measure shall be presented to the Tribal

Council accompanied by a petition signed by not less than thirty percent (30%) of the qualified

voters. Upon receipt of such a petition, the Tribal Council shall call a special election for the

purpose of allowing the members of the Tribe to vote on the initiative measure. The election.

shall be held within thirty (30) days from the date a valid petition is presented. The decision of

a majority (51%) of the voters voting in the initiative shall be final, PROVIDED, That tinty

percent (30 %) of the mee voters voted. .

Section 3. - Bindin Effect. The decision of the voters in both initiative and iia:

elections shall be binding on the Tribal Council and the Tribe and shal! remain in full force until a

amended or rescinded by mnporepiei action of the voters or expires by its: own. terms,

Section 4. - Recall. Upon receipt my a ‘petition dane by at least thirty pe patent (30 %) of the. ~

qualified voters of the Tribe demanding a recall of any member. of the Tribal Council, it shall.

be the duty of the Tribal Council to call a special election on the question of the recall. The

election shall be held in a manner prescribed i in a duly adopted election ordinance, The decision

of a majority (51%) of the voters voting in the recall shall be final, P. PROVIDED, ‘That at least

thirty (30%) of the ae) voters oe,

_ARTICLE XI- DUTIES OF OFFICERS —

Section 1. , “ Chaiptestin: The Chairperséa shall exercise the following powers as the chief

7 executive officer of. the. Tribe: -

| @) 7 To soins over all. meetings of the Tribal Council and General

a Council. ; _ co

(b)° Subject. to she: egprevial of the Tribal a to establish each

_ Council may require, and to- Serve as an ex-officio mnomiber, of au

Such committees and boards; =“,

' seve as a contracting officer or agent for the Tribe : including

. authority to retain legal counsel: fof.

(d) ~~ Subj ject to'such oe and procedures as may be ew by

-ordinance enacted by the Tribal Council, and subject to approval

by the Tribal Council, to graat pardons or res‘ore tribal members

to eligibility for elective office. in a pronase,

(e) The Chairperson Shall not hold other tribal offices or engage in

private remunerative employment which may pose a conflict of

interest with the Tribe's enterprises or: business activities during

his/her term of office.

Section 2 ‘Vice Chairperson. The Vice- Charges shall, in the absence or incapacity of

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"Section 3. Secretary/Treasurer, The Secretary/Treasurer shall perform the following duties: 7 2

(a). Call the roll; handle all official correspondence -of the Tribal

Council; keep the minutes of all regular and special meetings of the

“Tribal Council and General Council; certify to the Superintendent

of the Bureau of Indian Affairs the -duly elected officers of ‘the.

Tribal Council within fifteen (15) days from the date of “any

election; and attest to all resolutions and ordinances. —

‘.(b)° ‘Accept, receipt for, keep and. safeguard ‘all funds under: the .

* * exclusive control of the Tribe by depositing them in a bank insured

by an agency of the Federal Government,.or -an appropriate

account or tribal trust account with the Bureau of Indian Affairs, -

~ as directed by the Tribal Council, and shall keep or cause to be

kept an accurate record of such funds: and shall report on all’

‘receipts and expenditures and the amount and nature of all funds ‘in -

_ ’. the custody’ of the Tribal Council except as otherwise directed by

the Tribal Council, . poo, eT

__. Satisfactory.to the. Tribal Council, and the Tribal Council shall be

responsible for the costs. Tg Mh nos 7

.. . vouchers shali be approved for payment by the Treasurer, or at

least one officer, or the designated check signers of the Tribe, in

accordance with a written fiscal manual Setting forth a procedure

approved and adopted by the Tribal Council by resolution.

Section 4. Bonding.’ The Tribal Council shall require all fiscally responsible tribal officials

_ and employees to be bonded. :

Section 5. Records. At the expiration of a tribal officer's term, he/she shall turn over all the — |

records and papers in his or her possession to his Successor or to the Tribal Council.

“ARTICLE XII - TRIBAL ENACTMENTS

Section 1.! Statutes or Ordinances. All final decisions of the Tribal Council on matters of

general and permanent interest tothe members of the ‘Tribe shall be embodied in statutes or

ordinances. Such statutes or ordinances shall be collected and made available for inspection and

copying by an enrolled tribal member. _ .

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Section 2. ‘ ~ Resolutions.. Alll final decisions of the Tribal Council on ‘matters of temporary 7 “ee

interest, such as the establishment of a committee, action taken on the tribal budget for a single:

year, or rules of order,- shall be embodied in resoltitions which shall’ be duly executed and

recorded in a special book which shall be open to inspection by tribal members during regular

Section 3. ~ Certification. All statutes, ordinances and resolutions shall be dated and numbered

and shall include a certificate showing the presence of a quorum, the number of members voting

for and against the proposed’ enactment and the constitutional authority for-such action, ee

‘ Section 4. _ _ Retention of Statutes. Codes. Ordinances and Resolutions. Copies of all statutes,»

‘codes, resolutions: and ordinances adopted by the’ Tribal Council, _ its committees: and ~~

subcommittees shall be maintained at the tribal office; and shall be available for' inspection upon

reasonable notice during regular business hours to all enrolled members of the Tribe: -

> If-atiy. provision of this Constitition shall in the’ furure be declared invalid by a court of

" competent jurisdiction, the invalid provision(s) shall be severed and the remaining provisions shall

-continue in full force and effect. — a an re

~ ARTICLE XIV - INITIAL TRIBAL COUNCIL

Secretary as set forth in Article XVI, the incumbent Tribal Council elected by the qualified .

voters of the Tribe voting at an election called for that purpose shall govern in accordance with

provisions of this Constitution. a . -

Section 2. Savings Clause. ‘All enactments of the initial tribal council made prior to approval

of this Constitution by the Secretary of the ‘oterior, and not incousistent with this Constitution

or Federal law, are hereby ratified upon adoption of this Constitution, a

ARTICLE XV - AMENDMENTS

This Constitution may be amended by a majority vote of the qualified voters of the Tribe voting

at an election called for that purpose by the Secretary of the Interior, PROVIDED, That at Jeast

_. thirty Bercent.(30%) of those entitled to vote shall vote in such election.. No ameridment shall

become effective until approved by the Secretary of the Interior or his authorized representative.

21m,

‘It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment

at the request of a majority of the Tribal Council, or upon presentation of a petition signed by ~~ :

at least thirty percent (30%) :of the qualified voters of the Greenville Rancheria, 9

ARTICLE XVI'- ADOPTION

_ This Constitution, when adopted by a majority vote of the qualified voters of the Tribe voting

_at an election called for that purpose by the Secretary of Interior in which at least thirty percent

_ (30%) of those entitled to vote shall vote, Shall be submitted to the Secretary of the Interior for

his approval, and ‘shall be effective from the date of his or her approval. {M

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: tas 7 Pursuant toa Scéretatial election authorized by. the: ‘Deputy Comimissioner of Indian Affairs ‘on’ os

oat mere thirty percent (30%)-of the |

CERTIFICATE OF R RESULTS OF ELECTIO

fe brary: le, IIS we, the, “Constitution » of.-the Greenville’ “Rancheria® of

- California .was submitted to the: qualified voters’ of ‘the Greenville. —— _and- was on

‘s Aes ze 69S. ey adopted rejected by a‘ vote of “for, and

' ~ against, and 2 ‘Cast. yee found spoiled: or suutilated, in an. ena in which

“entitled to vote. cast their. ballots’ in accordance

ee el Section 16 of ce Indian Raseeaniestog Act'of June18:1934 (48 Stat: 984), as amended. ;

fod, Bde Member

Date: | MAY 20 5 te Rk my,

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__ CERTIFICATE OF APPROVAL

8 & a 2

‘I, :Hilda A, 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 by 230 D.M. 2.4, do hereby approve the Constitution ofthe

Greenville Rancheria. This Constitution is effective as of this date: PROVIDED, That nothing

in this approval shall be construed as authorizing any action under this document that would be

contrary to Federal law. “E4 _

oa are 8 1 ow 8 te

‘ a

i .

: [ Lh.

Deputy Commissioner of Indian Affairs

"Washington, D.C.

- Date: jy 21905 er

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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.