Ratified 2011- Amended April 29, 2016

CONSTITUTION

~ OF THE -

KAW NATION

Ratified 2011- Amended April 29, 2016

Table of Contents

PREAMBLE on. scccccssssssssscssssssssecssssssesssssscensssssssessusseseesestusssussssssussusibiseeteeeeeceeeececccececceccece 2

ARTICLE I: JURISDICTION ....-secsssssssssssssssssssssssssssssssessssssssssvusesustssssssttteeeeeeeeeeeeeccccc 2

ARTICLE Il: BILL OF RIGHTS... eeccsssssssssssssssssssssssssssssssessesssussssssstssssisseeeeeeeeeeeeeeececccc, 2

ARTICLE TIT: CITIZENSHIP ......sssssssssssssssssssssssssssssssssssssssssssssssssessssssssasntsssistsseseeseseesece 4

ARTICLE IV: GENERAL COUNCILivsssssssssssssssssssssssssssssssstsasissssisssstsesttttseseseeeeeecc 5

ARTICLE V: TRIBAL COUNCIL ecccccsccsssssssssseseseseessssstusssssssssssssiesttteeeeeeeceeeecccccceeecce ga

ARTICLE VI: EXECUTIVE ...cccccssssssssssssssssssssssseseessssssssssssssssssssccessseseeseeeeeeeeeeeeeecccc 10 3

ARTICLE VI: ATTORNEY GENERAL .iieisccccssssssssssesssssssessspesustavesseseseeeeseeeecccce 12

ARTICLE VII: JUDICIARY .....essssssssssssssssssesssssssesssssessessassssassesssssssststtsiteteeteeeeeececc. 12H

ARTICLE TX: ELECTION... ccesssssssssssssssssssssssssssssssesssssssssssssssssesessssssssesiseseeteeeseeeeececc 14

ARTICLE X: OATH oovscccccssssssessssssssssssssvsssvsnsussssenesasesessesssssssssisssssttintisiieeseeeeeseeeeeeeseccccee. 15

ARTICLE XI: RESIGNATION, RECALL, AND IMPEACHMENT.................... 16

ARTICLE XI: INITIATIVE AND REFERENDUM ciivessssescscocsseseeeeeeeeeeccccce 17

ARTICLE XT: AMENDMENTS .....cssssssssssssssssssesssessssssssssesssssssssasastissitiieeseeeeeeeececce 18

ARTICLE XIV: SAVINGS CLAUSE .sesssssssssssssssescssesesssssssesssessssisisistesestisteeeegeeeecccc. 19

ARTICLE XV: ADOPTION wiueccesssssossssssssssssssssssusesusssssssssnssssssssssssssssatisibitieeeesceeeeeecccee 19

PREAMBLE

We, the People of the Southwind, known as the Kaw Nation established pursuant to

the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967), whose inherent

sovereignty has existed since time immemorial, trusting in our Creator to provide

guidance in all our affairs, in order to provide for the common health, safety, and

general welfare, to protect, secure, and advance the rights, culture, and traditions of

the Kaw Indian people, do hereby ordain and establish this Constitution for the

government of the Kaw people, which shall supersede all previous constitutions and

any constitutional resolutions.

ARTICLE I: JURISDICTION

Section 1. Consistent with the government-to-government relationship the Kaw

Nation has with the United States of America, the authority and jurisdiction of the

Kaw Nation shall extend to all territory within the boundaries now known as Kaw -

Land and to all lands that may be acquired for the Kaw Nation by the United States —

ot which the Kaw Nation may acquire for itself, and to all Indian country of the Kaw -

Nation and its citizens now or hereinafter defined by Federal law, which shall include

all natural resources, including but not limited to all water and air space rights

associated therewith.

Section 2. The Kaw Nation may exercise its authority and jurisdiction outside the

territory described above to the fullest extent not prohibited by Federal law.

ARTICLE II: BILL OF RIGHTS

Section 1. Civil Rights. The Kaw Nation, in exercising the powers of selfgovernment, shall not:

A. Freedom of Religion, Speech, Press, Assembly, and Petition. Make or enforce

any law prohibiting the free exercise of religion, or abridging the freedom of

speech, or of the press, or of the right of the people peaceably to assemble,

and to petition for a redress of grievances;

B. Searches and Seizures. 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 things to be seized;

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

jeopardy;

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

against himself or herself;

E. Eminent Domain. Take any private property for public use without just

compensation;

F. Rights of the Accused. Deny to any person 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 ot her, to have a

compulsory process for obtaining witnesses in his or her favor, and,(at his or

( her own expense, to have the assistance of counsel for his or her defense;

G. Cruel and Unusual Punishment. Require excessive bail, impose excessive fines,

or inflict cruel and unusual punishments;

H. Equal Protection and Due Process. 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. Habeas Corpus. Suspend the writ of habeas corpus under the laws of the Kaw

Nation except when in cases of rebellion, insurrection, invasion, or when

public safety requites it;

J. Bills of Attainder and Ex Post Facto Laws. Pass any legislation directed

against a designated person, pronouncing him or her guilty of an alleged crime

without trial or conviction, or any ex post facto law, which retroactively

changes the legality or consequences of a fact ot act after the occurrence of

that fact or commission of the act;

K. Trial by Jury. Deny to any person accused of an offense punishable by

imprisonment the right, upon request, to a trial by jury of not less than six (6)

Kaw Nation citizens; and

L. Right to Bear Arms. Make or enforce any law unreasonably infringing upon

the right of tribal citizens to keep and bear arms.

Section 2. Citizens Retain Rights. The enumeration of rights in this Constitution shall

not be construed to deny or disparage other rights retained by citizens of the Kaw

Nation.

Section 3. Access to Tribal Records. Subject to individual citizens’ of the Kaw Nation

ot employees’ of the Kaw Nation rights to privacy and any express limitations

contained in this Constitution, and the laws of the United States, citizens of the Kaw

Nation shall be provided access to review and copy the records of the Kaw Nation

including, but not limited to: budgets, financial reports of expenditures, and minutes

of all meetings of the Tribal Council or other subdivisions of the government;

provided that such access shall be provided during normal office hours. The General

Council shall pass legislation recommended by the Tribal Council to ensure

reasonable access to these records which shall not be inconsistent with this provision.

ARTICLE III: CITIZENSHIP

Section 1. Qualifications. The citizens of the Kaw Nation shall include:

A. All persons enrolled as of the date of ratification of this Constitution as

citizens of the Kaw Nation who met the citizenship requirements prescribed

by the Kaw Nation.

B. All persons who are descendants by blood of an original Kaw Indian allottee

ot allottees whose name or names appear on the 1902 Kaw Indian Allotment

Roll, except the following persons:

1. Those persons otherwise entitled to enrollment who, as adults, elect to

be enrolled with another tribe, provided that nothing in this

Constitution shall prohibit citizens of the Kaw Nation from claiming

descendancy in other tribes.

2. Those persons otherwise entitled to enrollment who, as adults, have

received any payments in land or money by virtue of having been

enrolled with some other tribe.

C. No persons, otherwise eligible for enrollment, shall be denied enrollment

because they have purchased or received through inheritance land or money

of another tribe or because they are considered by another tribe as a member

of that tribe by virtue of their purchase or inheritance of such land or money

or by the citcumstances of their birth without affirmative application for

membership by or on behalf of such persons.

D. No persons, otherwise eligible for enrollment, shall be denied enrollment

because they have received money for the specific purpose of education

benefits while having been enrolled with some other tribe. [Subsection D was

added by Constitutional Amendment Question 1 on April 29, 2016, based on Tribal

Council Resolution No. 16-10, by a vote of 113 “yes” votes to 66 “no” votes.)

-4-

Section 2. Authority of the Tribal Council. The Tribal Council shall have the

authority to establish by law:

A. The procedures for enrollment of persons eligible for citizenship pursuant to

Section 1(B).

B. The procedures for disenrollment of a citizen of the Kaw Nation pursuant to

Article IV, Section 3, (C3).

Section 3. Judicial Review. Any enrollment decision by the Tribal Council of the Kaw

Nation shall be subject to judicial review in the courts of the Kaw Nation upon the

filing of an appeal.

ARTICLE IV: GENERAL COUNCIL

Section 1. The General Council shall consist of all citizens of the Kaw Nation, not

adjudged mentally incompetent by a court of competent jurisdiction, and who are

eighteen (18) years of age or older.

Section 2. General Council Meetings. The Chair shall preside over all meetings of the

General Council. In the absence of the Chair, the Vice-Chair shall preside over said

meetings. In the absence of the Chair and Vice-Chair, the General Council shall select

a Chair pto tempore for said meeting from the citizens of the Kaw Nation present.

A. Matters of business for the General Council shall be decided by a majority

vote of Kaw Nation citizens present. A quorum of the General Council shall

consist of twenty-five (25) citizens of the General Council. A quorum must be

maintained to conduct any business

B. Special meetings of the General Council may be held upon the call of the

Chair, in his or her discretion, and shall be called by the Chair at the written

request of a majority of the Tribal Council, or of thirty (30) citizens of the

General Council eligible to vote. Special meetings shall be called to begin not

less than twenty (20) calendar days nor more than forty (40) calendar days

after receiving the written request. Should the Chair fail to set the date for the

special meeting within fourteen (14) calendar days of the written request, any

member of the Tribal Council shall thereafter call the special meeting to be

held no more than forty (40) calendar days after the written request was

received.

C. Not less than ten (10) calendar days’ public notice of special meetings shall be

given as provided for by law. Such notice shall state the specific purpose or

putposes of said meetings, and whether other business may be conducted.

D. Quarterly meetings of the General Council shall be held on the second (24)

Sunday of each calendar quatter, provided that the Tribal Council may, upon

public notice at least thirty (30) calendar days prior to such date, reschedule

said meeting to an appropriate time not more than thirty (30) calendar days

after the regular meeting date. Public notice shall be given by the elected

Secretaty of the Kaw Nation or the Attorney General in their inaction for all

General Council meetings.

E. All meetings of the General Council shall be held at an accessible place

designated by the Tribal Council within the limits of the territorial jurisdiction

of the Kaw Nation. All meetings of the General Council shall be conducted

using Robert’s Rules of Order as a general guide.

F, Public notice as used in paragraph (C) and (D) of this section means that a

notice stating the time, date, place, and purpose of any General Council

Meeting is mailed to the members of the General Council of the Kaw Nation

at their last known address, as shown on the citizenship roll. Additional

resoutces that ate available and reasonable may be used to give the Kaw

Nation citizens notice of said meetings as provided for by legislation.

[Subsection F was amended by Constitutional Amendment Question 2 on April 29, 2016

based on Tribal Council Resolution No. 16-11 by a vote of 113 “yes” votes to 68 “no”

votes.|

G. All votes on substantive matters of the General Council, as determined by

General Council members present, shall be by secret ballot.

Section 3. General Council Powers. The General Council shall be the supreme

legislative body of the Kaw Nation.

A. The General Council is empowered to assist the Tribal Council and may, at its

discretion, issue broad policy directives, which shall be dutifully pursued by

the Tribal Council. Such policy directives may include but not be limited to

tribal strategic planning goals in the areas of housing, health care, education,

historic preservation, and economic development.

B. The General Council shall set the compensation of officials elected under

atticle IX of this Constitution based upon the recommendations of a

compensation commission consisting of (5) five people appointed by the

Tribal Council and confirmed individually by the General Council. Said

compensation shall be set only at the first meeting of each election year of the

-6-

Chair, and any change in compensation so set shall take effect on Inauguration

Day. Further, the Compensation Commission shall serve a four (4) year term

coinciding with the election year of the position of the Chait and the

Compensation Commission shall be tasked with whether to recommend any

yearly bonus if deserving to the General Council annually at the January

General Council Meeting and to address any other compensation issues that

atise and bring those issues before General Council.

The Compensation Commissioners currently serving shall remain in office

through January 2017, when their terms will expire and the next

Compensation Commission shall take office. Each Compensation

Commissioner shall serve a four (4) yeat term. Compensation Commissioners

may be reappointed. At each January General Council meeting, the

Compensation Commission shall recommend an annual bonus for each

elected official. The General Council may apptove or reject any recommended

bonus. The Compensation Commission has continuing authority to consider

any other compensation issues regarding elected officials and to recommend

actions for resolving such issues to the General Council. [Subsection B was

amended by Constitutional Amendment Question 3 based on Tribal Council

Resolution 16-12 on April 29, 2016, by a vote of 94 “yes” votes to 88 “no” votes.|

C. The five Tribal Council actions described under subparagraphs 1, 2, 3, 4 and 5

of this paragraph shall have no force and shall be of no effect unless and until

they have been approved by a majority vote of the General Council at a

properly called meeting.

1. The sale, mortgage (except purchase money mortgages on the land

being purchased), or other alienation of tribally owned lands. Leases

entered into pursuant to Federal statute, revocable permits, and

assignments under tribal law where legal or trust title of the Kaw

Nation remains unaffected are not alienations for purposes of this

subsection.

2. The establishment, enactment, amendment, or repeal of legislation

tespecting tribal elections, the Attorney General, access to tribal

records, the Tribal Council rules of procedures, salaries for elected

officials, recall, or impeachment of elected officials.

3. The ctiteria and grounds for disenrollment of a citizen of the Kaw

Nation without his or her consent.

4. The exercise of the tribal power of eminent domain.

5. The General Council has the right to approve the appointment of

judicial officers except in a case as required by Article VIII, Section 4B.

-J-

If the General Council fails to act on actions under paragraph C of this section at a

properly called meeting for any reason, its approval shall be deemed to have been

given if, and only if, a statement or notice that such action would be considered was

included in the public notice of the meeting.

ARTICLE V: TRIBAL COUNCIL

Section 1. A Tribal Council shall be elected by secret ballot pursuant to an Election

Ordinance approved by the General Council. The officers of the Kaw Nation in

office at the time of ratification of this Constitution shall continue in office until their

successors ate duly elected and installed.

A. The Tribal Council shall be composed of the following officers: Chair, Vice-

Chait, Secretary, and four (4) Council Members. Candidates shall meet the

requirements for election outlined in Article IX of this Constitution.

B. Regular meetings of the Tribal Council shall be held the second (2"4) Saturday

of each month at a Kaw Tribal Building in Kaw City, or within the limits of

the territorial jurisdiction of the Kaw Nation designated by the Tribal Council,

and notice to the members of the Tribal Council shall be mailed to them at

least five (5) calendar days prior to the date of each meeting, unless otherwise

ptovided by resolution.

C. Ifa meeting outlined in paragraph B of this article is changed, notice shall be

posted five (5) days prior to the original date including a rescheduled date at

Kaw Tribal entities as defined by law.

D. Special meetings of the Tribal Council may be called by the Chair at his or her

discretion, and shall be called by the Chair at the written request of a majority

of the Tribal Council. Proper notice of special meetings shall be given, as

provided for by law. The purpose for the special meeting must be clearly

stated in the notice and the Tribal Council shall not at a special meeting

consider any other business. Failure of the Chair to call such meeting shall be

subject to Article XI, Section 2.

E. The Tribal Council shall provide for its own rules of procedure. These rules of

ptocedute shall be presented to the General Council for approval within

ninety (90) days after the ratification of this Constitution. Any amendments to

these rules of procedute shall be presented to the General Council for its

approval.

F. Matters of business for the Tribal Council shall be decided by a majority vote

of the members present. A quorum of the Tribal Council shall consist of five

(5) members. A quorum must be maintained to conduct any business.

G. No Tribal Council member shall vote or participate on any matter coming

before the Tribal Council in which the member has a personal interest or in

which the member stands to gain or lose financially, unless the benefit ot loss

is shared by other Kaw Nation citizens in similar circumstances.

H. The Tribal Council shall document its meetings and all actions taken,

including listing all votes and how each member voted. Said records shall be

available to the citizens of the Kaw Nation as provided by law.

Section 2. Tribal Council Powers. The Ttibal Council shall serve as the legislative

body of the Kaw Nation and shall have the authority to act in and on all matters and

subjects upon which the Kaw Nation is empowered to act, now or in the future,

including, but not limited to, the following:

A. To represent the Kaw Nation and act in all matters that concern the health, .

peace, safety, and general welfare of the Kaw Nation and all persons within its

territory, and to make decisions not inconsistent with this Constitution.

B. To negotiate and make contracts with Federal, tribal, state, and local

governments, and with any individual, firm, or company.

C. To employ legal counsel to represent the Tribal Council.

D. To veto the sale, disposition, lease, or encumbrance of tribal lands, or interest

in tribal lands, tribal funds, or other tribal assets which may be authorized by

any agency ot employee of the Federal government.

E. To regulate and provide for permits, leases, and assignments of land for

business, home site, and other purposes, and generally provide for proper use

and development of all tribal lands, natural resources, and other tribal

property.

F. To appoint Tribal Committees, appoint commissions, governmental boatds,

and boards of Kaw Nation owned entities. A majority of appointees of each

such committee, commission, and board shall be Kaw Nation citizens.

G. To establish and prescribe rules for governing tribal courts and tribal law

enforcement agencies, and to provide for the maintenance of law and order in

territory under Kaw Nation jurisdiction as defined by Article I of this

Constitution.

-g-

H. To protect and preserve the wildlife and natural resources of the Kaw Nation;

to regulate hunting, fishing, and trapping in territory under Kaw Nation

jurisdiction as defined by Article I of this Constitution.

I. To levy and collect taxes; to regulate the conduct of business; to chatter public

ot ptivate business, financial, and similar entities; and otherwise provide for

the development of the economy in territory under Kaw Nation jurisdiction as

defined by Article I of this Constitution.

J. To properly fund all offices established by this Constitution.

The foregoing enumeration of legislative powers shall not be construed to limit the

powers of the Kaw Nation and in no way shall be deemed an abdication or forfeiture

of the Kaw Nation’s inherent attributes of sovereignty, and such powers may be

exercised through the enactment of legislation by the General Council or Tribal

Council.

Section 3. Legislative and Veto Process. All legislation must be in writing. All

legislation that is approved by a majority vote of the members in attendance shall

become effective, provided that the Chair shall only vote to break ties. If the Chair

disapptoves of passed legislation, the Chair shall voice such disapproval and submit

such disapproval to the elected Secretary in writing within five (5) calendar days after

it has passed, and the Secretary shall attach such written disapproval to the Tribal

Council minutes without delay. After such disapproval, the resolution and minutes

shall be presented to the General Council at its next meeting. If a compromise has

not been reached by the elected officials, the General Council shall vote on the issue

and its vote shall decide the approval or disapproval of the legislation.

ARTICLE VI: EXECUTIVE

Section 1. Executive Officers. The executive functions of the Kaw Nation shall be

vested in the Chair, the Vice-Chair, and Secretary.

Section 2. Chair. It shall be the duty of the Chair to preside at all meetings of the

General Council and the Tribal Council. The Chair shall have general supervision of

the affairs of the General Council and Tribal Council and shall perform all duties

pertaining to the office of Chair, including the authority to cause laws of the Kaw

Nation to be faithfully executed and obeyed, and to carry out obligations entrusted to

the office of Chait. The Chait may, in his or her discretion, delegate his or her

functions, except as may be prohibited by law or by Section 3 of this atticle.

-10-

A. The Chair shall provide the Tribal Council and General Council with an

annual written financial report and also provide such interim reports as the

Tribal Council may direct. The Chair shall cause all petsons authorized to

handle funds of the Kaw Nation to be insured at the expense of the

government of the Kaw Nation for a sum sufficient to protect the Kaw

Nation from loss of such funds.

B. The Chair may hire employees who are necessaty and appropriate to carry out

the functions and duties of his or her office, as provided by law.

Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the

event of his or her absence or incapacity. If the office of Chair shall become vacant,

the Vice-Chair shall succeed to the office of Chair until a new Chair, who shall serve

for the unexpired term, is properly elected and installed in office.

Section 4. Secretary. The Secretary shall be the recording officer of the General

Council and Tribal Council and the custodian of its records, and shall perform the

duties of Secretary during regular business houts in an office established at the Kaw

Nation. The duties of the Secretary are:

A. To keep a record of all the proceedings of the Kaw Nation and to maintain

record books in which all ordinances, special rules of order, standing rules,

minutes, committee reports, commission reports, and board reports, and

amendments are entered.

B. To keep the official roll of the citizens of the Kaw Nation as provided by law.

C. To make the minutes and records available for inspection, review, and copying

upon request by any citizen of the Kaw Nation, unless declared confidential

by legislation.

D. To provide such notice of meetings as required by this Constitution or

legislation of the Kaw Nation.

E. To maintain records regarding oaths of office, to attest to the signature of

other governmental officers, and to certify as true, accurate, and complete

copies of any records of the Kaw Nation filed in the Secretary’s office.

F. To ptepate for Tribal Council and General Council meetings as outlined in the

Tribal Council policies.

G. In the absence of the Chair and Vice-Chair, to call a meeting to order and

preside until the immediate election of a Chair pro tempore.

-11-

H. All papers, records, and effects of the Kaw Nation in the possession, custody,

ot control of the Secretary shall be delivered to the Attorney General of the

Kaw Nation upon the expiration or termination of the Secretary’s term of

office.

ARTICLE VII: ATTORNEY GENERAL

Attorney General. There shall be an office of Attorney General. The Attorney

General shall be a member in good standing of the bar of the Supreme Court of the

United States, or of any United States Court of Appeals, or of any District Court of

the United States, or a member in good standing of the bar of the highest court of

any state of the United States and need not be a citizen of the Kaw Nation. The

Attorney General shall represent the Kaw Nation in all criminal cases in the courts of

the Kaw Nation, and in all civil actions wherein the Kaw Nation is a party, and shall

provide an opinion as to the constitutionality of laws at the request of the Chair,

Tribal Council, or General Council, and shall have such other duties as may be

ptescribed by legislation and approved by the General Council. When the Attorney

General position is vacant the Tribal Council shall present three (3) candidates for

Attorney General to the General Council who shall select one for a term of three (3)

years. The Attorney General shall be authorized to designate such prosecutots and

other assistants that are necessary to catty out the duties of the office, and the

Attorney General may only be removed from office in accordance with Article XI,

Section 3, of this Constitution.

ARTICLE VII: JUDICIARY

Section 1. Establishment and Authority. The judicial power of the Kaw Nation shall

be vested in one Supreme Court consisting of three (3) Justices and such inferior

courts as may be established by tribal law.

Section 2. Jurisdiction. The Courts of the Kaw Nation shall be courts of general

jurisdiction and shall further have jurisdiction in all cases arising under the

Constitution, laws, and treaties of the Kaw Nation. The Supreme Court shall have

original jurisdiction in such cases as may be provided by law, and shall have appellate

jurisdiction in all other cases.

Section 3. Qualifications. All Justices, Judges, and Magistrates shall be members in

good standing of the bar of the Supreme Court of the United States, or of any United

States Court of Appeals, or of any District Court of the United States, or members in

good standing of the bar of the highest court of any state of the United States and

need not be a citizen of the Kaw Nation.

-12-

Section 4. Selection of Judicial Officers.

A. The Justices of the Supreme Court and Judges of inferior coutts shall be

selected by the Tribal Council and confirmed individually by the General

Council. Magistrates of inferior coutts shall be appointed by the Tribal

Council and confirmed individually by the General Council for a term of

two (2) years, and shall undertake such judicial functions as the Supreme

Court may by rule provide.

B. Justices and Judges may be appointed by the Supreme Court to hear a specific

case in which the regular Justices or Judges are otherwise disqualified under

tules established by the Supreme Court.

C. All regular appointments shall occur in odd numbered years. A vacancy in a

judicial office shall be filled in the same mannet as a regular appointment with

the replacement to serve the balance of the term of the vacated officer. Any

Justice or Judge in office at ratification of this Constitution whose term ends

in an even year shall have his or her term extended by one (1) year to meet this

requirement. All future Justices or Judges shall serve in accordance with

Section 5 of this article.

Section 5. Term of Office. The Justices and Judges of the Kaw Nation shall serve

four (4) year terms beginning at the date of their confirmation in office and until their

successor shall be duly confirmed and installed. At the expiration of his or her term

of office, each Justice or Judge shall, at his or her option, be considered by the

General Council for reconfirmation to a new term of office.

The Chief Justice of the Supreme Court shall employ and have supervisory authority

over an administrative staff, who shall have general administrative duties in the

judicial branch and follow the policies for employees of the Kaw Nation.

Section 6. Removal. Justices, Judges, and Magistrates of the Kaw Nation may be

removed from office only by a majority of the other active Justices and Judges sitting

together upon a showing of habitual neglect of the duties of office, oppression in

office for personal gain or advantage, or conviction of, or plea of guilty or nolo

contendete to, a felony or other crime involving moral turpitude. In no case may a

judicial officer be removed from office because of his or her decision or vote in any

case before the court.

Section 7. Judicial Review. The courts are hereby specifically authorized to review, in

any case properly before them, the actions of the General Council, Tribal Council, or

any officers, agents, or employees of the government of the Kaw Nation to

determine whether those actions ate prohibited by Federal law, this Constitution, or

the laws of the Kaw Nation. If the action complained of is outside the authonty of

-13-

the entity that acted, or if proper authority is being exercised in a prohibited mannet,

the court may enter an injunction or other equitable relief or declare the action

unconstitutional, illegal or void as justice may require.

ARTICLE IX: ELECTION

Section 1. The Tribal Council shall enact appropriate legislation of the Kaw Nation

not inconsistent with the provisions of this Constitution that will govern the conduct

of all elections. Said legislation prior to becoming effective must be approved by the

General Council pursuant to Article IV of this Constitution.

Section 2. In order to become a candidate for or be a member of the Tribal Council,

a person must:

A. Be a member of the General Council not less than twenty-five (25) years of

age on the date of the election; and

B. Be one-thirty-second (1/32) degree or more of Kaw Indian blood; and

C. Have earned a high school diploma or passed a General Educational

Development (GED) test.

Section 3. Disqualifications for candidates

A. No person may be a candidate for more than one (1) elected office at any

election or hold more than one (1) elected office in the Kaw Nation at any one

time.

B. No person who shall have been convicted of a felony or any other crime

involving moral turpitude under the laws of the Kaw Nation, the United

States, any Indian tribe, band, or nation, or of any State, Territory, or

Possession thereof, shall be eligible to hold any elective office within the Kaw

Nation, unless such person has received a pardon therefor.

Section 4. Vacancies. A vacancy in the office of either an Executive Officer or a

Tribal Council member, which results from death, resignation, forfeiture, removal, or

recall shall be filled as follows:

A. If fewer than eighteen (18) months remain in the term of office for the

Executive Officer ot Tribal Council member, an individual shall be elected to

fill such vacant position at the next regular General Council meeting by a

majority vote of the Kaw Nation citizens present and voting.

-14-

B. If more than eighteen (18) months remain in the term of office for the

Executive Officer or a Tribal Council member, a special election shall be held

within three (3) months after the vacancy occuts.

C. Any special election held under this Section shall be conducted using

guidelines established by the Election Board not inconsistent with tribal

legislation or this Constitution.

D. The Executive Officer or Tribal Council member taking office under the

provisions of this Section shall serve until the term of office for the vacant

office he or she is filling expires and their successor is duly elected and

installed.

Section 5. All elections shall be by secret ballot. All citizens of the Kaw Nation shall

be eligible to vote as provided by law.

Section 6. All elections shall be conducted by an Election Board pursuant to the laws

of the Kaw Nation and this Constitution. The Election Board shall consist of five (5)

members who shall be Kaw citizens. Members of the Election Board shall serve

four (4) year staggered terms, and shall be nominated by the Tribal Council and

approved individually by a majority of the Kaw Nation citizens present and voting.

Section 7. All persons elected in a General or Special Election shall be installed in

office by the 4% Wednesday following an election at 12:00 noon.

Section 8. To maintain staggered terms of office, the election of the Chair, Secretary,

and two (2) Tribal Council Members shall be separated by two (2) years from the

election of the Vice-Chair and the other two (2) Tribal Council Members. All elected

officials shall serve four (4) year terms except as provided for by Section 4 of this

Article. All elected officials covered by this article shall be limited to two (2)

consecutive full or partial terms of office, and shall not be eligible to seek any elective

office in the Kaw Nation for a period of two (2) years after leaving office. Any

official serving at the time of ratification shall not be ineligible on account of this

section from serving, if re-elected, one additional term of office consecutive to the

term being served at the time of ratification.

ARTICLE X: OATH

Section 1: All elected officers, the Attorney General, and Judicial Appointees shall,

before entering upon the duties of their respective offices, take and subscribe to the

following oath or affirmation: I, , do solemnly swear

or affirm that I will preserve, protect and defend the Constitution and Laws of the

Kaw Nation and the Constitution of the United States of America. I will perform the

-15-

duties of my office with all honesty, integrity and sincerity. I will not allow my

personal feelings toward any person or situation to determine my decision on any

matter. I will uphold the best interests of the Kaw Nation. I will not knowingly

receive directly or indirectly any money or valuable thing for performance or nonperformance of any act or duty pertaining to my office other than the compensation

allowed by law. These things, I faithfully promise myself and to each and every

member of the Kaw Nation so help me God.

Section 2: The forgoing oath shall be administered by a Kaw Nation Justice or Judge.

A signed copy of the oath shall be kept on file in the elected Sectetary’s office.

ARTICLE XI: RESIGNATION, RECALL, AND IMPEACHMENT

Section 1. Resignation. Any officer of the Executive Branch or any member of the

Tribal Council may resign from his or her elected position by submitting written

notice of resignation to the Chair who shall present it to the Tribal Council at the

next meeting. If the Chair resigns, then it shall be given to the Attorney General who

shall present it to the Tribal Council at the next meeting. Such resignation is effective

upon receipt by the Tribal Council, unless otherwise noted in the written notice.

Section 2. Recall. The citizens of the Kaw Nation shall have the right to recall the

Executive Officers or any member of the Tribal Council by filing a recall petition

with the Election Board. The petition must contain valid signatures of Kaw Nation

citizens eligible to vote equal in number to at least sixty percent (60%) of the number

of valid ballots cast in the most recent General Election for Chair. The Election

Board shall verify petition signatures and approve or deny the petition within

fifteen (15) calendar days of receipt. Once the petition is certified as valid and

sufficient by at least three (3) members of the Election Board, an election shall be

called by the Chair for the purpose of presenting to the General Council the subject

of the recall. The recall vote shall be held within ninety (90) calendar days of the

validation of the petition. A recall election shall not be held within ninety (90)

calendar days preceding a regular General Election.

Section 3. Impeachment.

A. An Executive Officer, any member of the Tribal Council, or the Attorney

General may be subject to removal from office by a resolution of removal,

which is not subject to a veto, signed by five (5) of the seven (7) members of

the Tribal Council for:

B. Absence without proper excuse for three (3) consecutive meetings of the

Tribal Council and/or General Council as defined by its rules of policies;

-16-

C. Conviction of (or a guilty or nolo contendere plea to) a felony under Federal,

tribal, or state law, ot conviction of (or a guilty or nolo contendere plea to) any

other crime involving dishonesty or moral turpitude while in office;

D. Inability to fulfill the duties of the office due to mental or physical disability,

to the extent of being incapable of exercising judgment about or attending to

the business of office;

E. Gross misconduct or malfeasance in office;

F. Failure to take or pass a drug test(s) conducted by the Kaw Nation as

prescribed in the Tribal Council policies; or

G. Failure to abide by the Kaw Nation Oath of Office.

H. At least ten (10) calendar days before the meeting of the General Council at

which the vote for removal will be taken, the Executive Officer or Tribal

Council member subject thereto shall be provided by the Attorney General (or

the elected Secretary if the Attorney General is the subject of the action) with

a written notice of General Council’s scheduled vote on removal, which shall

set forth with specificity the alleged grounds for removal. The Executive

Officer or Tribal Council member subject to removal shall be provided with a

reasonable opportunity to answer the charges at the public meeting of the

General Council before any vote for removal is taken. An affirmative vote of

two-thirds (2/3) of the members of General Council present shall be

necessaty for removal. The decision of the General Council shall be final.

ARTICLE XII: INITIATIVE AND REFERENDUM

Section 1. The citizens of the Kaw Nation reserve unto themselves the power of

initiative and referendum.

Section 2. Initiative. Any issue shall be submitted for an initiative election pursuant to

this section upon receipt of a petition containing valid signatures of Kaw Nation

citizens eligible to vote equal in number to at least forty percent (40%) of the number

of valid ballots cast in the most recent General Election for Chait.

The petition shall be filed with the Election Boatd which shall determine its validity

and sufficiency and whether its content fairly describes the subject of the initiative

within ten (10) calendar days. Once the petition is certified as valid and sufficient by

at least three (3) members of the Election Board, an election shall be called by the

Chair for the purpose of presenting to the General Council the subject of the

initiative. The initiative vote shall be held within sixty (60) days of the validation of

-17-

the petition. The results of the initiative vote shall be conclusive and binding,

provided that a majority of the votes cast ate in favor of the initiative and at least

two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in the

election. No initiative shall void, modify, or amend any properly approved contract.

Section 3. Referendum. Any enacted or proposed legislation or other action of the

Tribal Council shall be submitted to a referendum vote pursuant to this section upon

receipt of a petition containing valid signatures of Kaw Nation citizens eligible to

vote equal in number to at least fifty percent (50%) of the number of valid ballots

cast in the most recent General Election for Chait or upon written request of a

majority of the Tribal Council.

The petition shall be filed with the Election Board which shall determine its validity

and sufficiency and whether its content fairly describes the subject of the referendum

within ten (10) calendar days. Once the petition is certified as valid and sufficient by

at least three (3) members of the Election Board, an election shall be called by the

Chair for the purpose of presenting to the General Council the subject of the

referendum. The referendum vote shall be held within sixty (60) days of the

validation of the petition. The results of the referendum vote shall be conclusive and

binding, provided that a majority of the votes cast are in favor of the referendum and

at least two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in

the election. No referendum shall void, modify, or amend any properly approved

contract.

Section 4. Whenever reasonable, any initiative or referendum vote should be held in

conjunction with any general or special election.

Section 5. No initiative or referendum that has been submitted to the citizens of the

Kaw Nation and rejected shall be considered again until the next regularly scheduled

General Election.

ARTICLE XT1; AMENDMENTS

This Constitution may be amended by a majority vote of the voters of the Kaw

Nation voting in an election called for that purpose, provided that at least thirty

percent (30%) of those eligible to vote shall cast ballots in such election.

Amendments to this Constitution may be proposed by a valid petition signed by at

least thirty percent (30%) of the members of the General Council or by a majority

vote of the Tribal Council. The Chair is without the power to veto a resolution that

has passed the Tribal Council calling for a constitutional amendment.

- 18 -

ARTICLE XIV: SAVINGS CLAUSE

Subject to all provisions of this document except Article IX, Section 2C, pertaining to

obtaining a high school diploma or GED, incumbent Tribal Council members shall

continue to setve in their office until the next General Election for theit respective

seat held under this Constitution. All legislation heretofore adopted not in conflict

with this Constitution shall continue in force unless and until they are duly modified

ot repealed.

ARTICLE XV: ADOPTION

This Constitution shall be ratified by a majority vote of the voters of the Kaw Nation

voting in an election called for that purpose, provided that at least thirty percent

(30%) of those eligible to vote shall cast their ballots.

CERTIFICATION

The proposed amendment to the Constitution of Kaw Nation was submitted to the

qualified voters of the Kaw Nation on August 20,2011 and was ratified by a vote of

118 for and 84 against in an election which at least 30% entitled to vote cast their

ballots in accordance with Article VII of the Tribe's Constitution.

- Election Board -

August 20, 2011

-19-