We, the members citizens of the four confederated bands of Indians, namely, Čawî’, Kitkehaki,

PREAMBLE

We, the members citizens of the four confederated bands of Indians, namely, Čawî’, Kitkehaki,

Pîtahawirâta and Ckiri Chaui, Kitkehahki, Pitahawirata and Skidi which now constituteof the

Pawnee Nation of Oklahoma, with faith in Atî’as Tirawâhat,the purposes of our Supreme Being,

with abounding pride in our cultureal, heritage and the and determination to promote through

marshaled efforts our cultural, social, economic,al and political advancement, and in exercise of

our inherent sovereign authority, do solemnly ordain and establish this Pawnee Nation of Oklahoma

and adopt this cConstitution of the Pawnee Nation.pursuant to the Oklahoma Indian Welfare Act

of June 26, 1936 (49 Stat. 1967) which shall supersede the constitution approved by the Secretary

of the Interior on November 26, 1937, and ratified on January 6, 1938, as amended.

ARTICLE I - NAME

The name of this organization Sovereign Nation shall be the “Pawnee Nation of Oklahoma.”

ARTICLE II - PURPOSE

Section 1. To secure for the Pawnee Nation of Oklahoma and its members citizens all rights,

powers, privileges, and benefits of a sovereign nation.

Section 2. To establish its Jurisdiction and Powers.

(A)

The governmental powers of the Pawnee Business Council, acting for the sovereign

Pawnee Nation of Oklahoma shall extend to all persons, and to all real and personal

property, including but not limited to lands and other natural and cultural resources,

and to all waters and air space, within the Indian Country and other lands over which

the Pawnee Nation of Oklahoma has jurisdiction. The governmental powers of the

Pawnee Nation of Oklahoma shall also extend outside the exterior boundaries of Indian

Country to any persons or properties which are, or may be included within the

jurisdiction of the Pawnee Nation of Oklahoma.

(B)

The Pawnee Nation of Oklahoma is empowered to maintain and operate under anythe

laws of the U.S. and/or the Pawnee Nation of Oklahoma’s law and order, and its

judicial systems to protect the peace, safety, health, and welfare of the members

citizens of the Pawnee Nation of Oklahoma, provided the concepts of separation of

powers is maintained.

(C)

The Constitution is the supreme law of the Pawnee Nation of Oklahoma and to all

persons subject to its jurisdiction. The Pawnee Business Council and all governmental

bodies shall exercise its power in a manner consistent with the provisions of this

Constitution and the Corporate Charter of the Pawnee Nation of Oklahoma.

(C)(D) Nothing in this Article shall be construed to limit or impair the ability of the Pawnee

Nation to exercise jurisdiction based upon its inherent sovereign authority.

ARTICLE III - MEMBERSHIP CITIZENSHIP OF THE PAWNEE NATIONTRIBE

Section 1. The current membership citizenship of the Pawnee Nation of Oklahoma shall consist of:

All persons shall be eligible for citizenship in the Pawnee Nation who provided they are:

(A)

All persons eEnrolled or entitled to be enrolled and whose name appears on the official

annuity (base) roll of the Pawnee Nation of Oklahoma as of February 19, 1937; and

(B)

All children born of a lawful marriage between members of the Tribe since the date of

said roll;

(C)(B) All children of one-quarter (1/4) or more Pawnee Indian blood born on or after

February 9, 1938, of a lawful marriage of an enrolled member.Lineally descended from

Page 1 of 13

any enrolled citizen listed on the official annuity (base) roll of the Pawnee Nation as

of February 19, 1937.

Section 2. The future membership of the Pawnee Nation of Oklahoma, after the adoption of this

Constitution, shall include any individual who applies for membership and possesses at least oneeighth (1/8) degree Pawnee Indian Blood, as amended on January 4, 2003 on Amendment Number

1.

Section 32. The Pawnee Business Council shall have the power to prescribe rules and regulations

covering future membershipcitizenship of the Pawnee Nation, including the approval and loss of

citizenshipmembership, provided:

i.Such rules and regulations shall be subject to the review of the NasharoRêsâru Council.

ii.Section 3. NoA person shall not be eligible for Pawnee Nation citizenship membership, if

enrolled as a citizen or member of another Indian Tribe.

ARTICLE IV - PAWNEE BUSINESS COUNCIL

Section 1. The supreme governing body of the Pawnee Nation of Oklahoma shall be the Pawnee

Business Council, which shall consist of eight (8) members.

Section 2. Subject to the limitations imposed by this Constitution and applicable Federal law, the

Pawnee Business Council shall exercise all the inherent, statutory, and treaty powers of the Pawnee

Nation of Oklahoma by the enactment of legislation, the transaction of business, and by otherwise

speaking or acting on behalf of the Pawnee Nation of Oklahoma on all matters which the Pawnee

Nation of Oklahoma is empowered to act, including the authority to hire legal counsel to represent

the Pawnee Nation of Oklahoma.

Section 3. All acts regarding CitizenshipMembership or Claims or Treaty Rights of the Pawnee

Business Council shall be subject to review by the NasharoRêsâru Council in accordance with this

Constitution.

Section 4. The present Pawnee Business Council members shall serve until the next regular election

or until their successors are elected and installed provided:

(A)

The Pawnee Business Council shall provide an election commission to conduct all

elections, provided that regular elections are held on the first Saturday in May of each

odd numbered year.

(B)

No member of the Pawnee Nation of Oklahoma, eighteen (18) years of age or older,

shall be denied the right to vote by secret ballot, either in person or by absentee ballot,

provided that no write-in votes shall be allowed.

(A)

CitizensMembers of the Pawnee Nation of Oklahoma, twenty-five (25) years of age or

older, shall be eligible for election to the Pawnee Business Council. Members Citizens

of the Pawnee Nation convicted of or having plead guilty to a felony with the exception

of a sex crime, violent crime, or misappropriation of funds, regardless of jurisdiction

or dishonorably discharged from the Armed Forces of the United States of America

are ineligible for no more than seven (7) years for candidacy for elected office as

prescribed by law.

(B)

Whereas, Aat the first election after the adoption of this Constitution (1999), the

President, Treasurer, and the First and Second Council Members shall bewere elected

to a four- year term and the Vice-President, Secretary, and Third and Fourth Council

members shall bewere elected to a two-year term in order to stagger the terms of

office.:

Candidates shall declare the position they are seeking

(a) If there are positions which are vacant due to lack of candidates, those positions

shall be considered vacant and filled according to Article VI.

Page 2 of 13

HenceforthThereafter, all members of the Pawnee Business Council shall be elected to

a four-year term of office and shall serve until their successors shall be duly installed

in office. In cases when a vacancy is being filled to complete an un-expired term due

to death, resignation, forfeiture, or recall of a Pawnee Business Council member, a

successor will be appointed pursuant to Article VI of this Constitution.

(C)

A NasharoRêsâru Council member shall resign his/her position if elected or appointed

to the Pawnee Business Council.

(D)

A Pawnee Nation of Oklahoma employee shall resign his/her position if elected or

appointed to the Pawnee Business Council.

(E)

A Pawnee Business Council member shall not be eligible for employment by the

Pawnee Nation of Oklahoma during his/her term of office.

(F)

Elected members of the Pawnee Business Council shall be inaugurated and sworn into

office fourteen (14) calendar days after the Election Day.

(G)

Pawnee Business Council records and all related documentation for each outgoing

Pawnee Business Council member shall be made available to the newly elected Pawnee

Business Council members. Failure to comply shall result in ineligibility to file for

candidacy for the Pawnee Business Council for ten (10) years or until records and

documents are returned.

(H)

Candidates declare the position they are seeking.

(G)(I) If positions are vacant due to a lack of candidates, they are considered vacant and filled

according to Article VI.

Section 5. All acts of the Pawnee Business Council shall be determined by a majority vote of the

membership present, provided five (5) members of the Council shall constitute a quorum to transact

business. In the event of a tie, the Presidentchairperson or chairpersonPresident pro tem shall cast

the deciding vote.

Section 6. Regular quarterly meetings of the Pawnee Business Council shall be held on the first

Saturday in February, June, August, and November of each year in a place designated by the

Pawnee Business Council, provided:

(A)

Special meetings may be called by the President.

(B)

Special meetings shall be called by the President within two (2) weeks after receiving

a written request, by regular mail or by certified and return receipt mail, from a majority

of the occupied Pawnee Business Council positions, provided:

(1) If the President fails to call and conduct a special meeting as requested within two

(2) weeks, a majority of the occupied members of the Pawnee Business Council

shall be authorized to call and conduct a special meeting by affixing their

signatures to a document listing in detail the need for the meeting and citing this

Section of the Constitution as their authority to meet.

(2) A minimum of two (2) days notice of all meetings, regular or special, shall be

published in a newspaper and posted in public view. Provided, that in an

emergency, posting in public view for two (2) days shall be deemed sufficient

notice. Notice shall include the agenda.

(C)

All meetings in this section may be held in -person, virtually, or as a hybrid meeting

with both in -person or virtual attendance as may be determined by the Pawnee

Business Council.

Section 7. All members of the Pawnee Business Council shall attend tribal constitution orientation

classes as prescribed by the Pawnee Business Council.

Section 8. The Pawnee Business Council shall provide an election commission to conduct all

elections, provided that regular elections are held on the first Saturday in May of each oddnumbered year.

ARTICLE V - DUTIES OF OFFICERS

Page 3 of 13

Section 1. The President of the Pawnee Business Council shall:

(A)

Preside preside at all general meetings, meetings of the Pawnee Business Council, joint

meetings of the Pawnee Business Council and the NasharoRêsâru Council;,

(B)

and all general meetings and shall vVote only in the case of a tie of all general

meetings, meetings or acts of the Pawnee Business Council, and joint meetings of the

Pawnee Business Council and the Rêsâru Council;

(C)

Dutifully support the Constitution and laws of the Pawnee Nation;

(D)

Ensure that all decisions of the Pawnee Business Council are faithfully executed,

administered, and enforced;

(E)

Administer oaths and affirmations when required or permitted;

(F)

Be bonded;

(G)

Be authorized to countersign checks disbursed by the Treasurer according to the

requirements of Article V, Section 4 of this Constitution;

(H)

Call Special meetings under the authority granted by Article IV, Section 6 of this

Constitution; and

(A)(I) Unless authorized by this Constitution, the President shall not take any action unless

directed by the Pawnee Business Council.. The President shall have general

supervision of the affairs of the Pawnee Business Council and shall perform all duties

pertaining to the office of the President. The President shall administer oaths and

affirmations when required or permitted. The President shall be bonded.

Section 2. In the absence of the President, the Vice-President shall perform the duties of that office.

In the case of vacancy, the Vice-President shall succeed at once to the office of the President. The

Vice-President shall be bonded.

Section 3. The Secretary shall, be responsible for the following duties:

(A)

Record the proceedings of all meetings of the Pawnee Business Council and

NasharoRêsâru Council, and all special meetings as assigned by the Pawnee Business

Council;.

(B)

Prepare the agenda for meetings of the Pawnee Business Council;.

(C)

Maintain all records and files of the Pawnee Business Council. All records and files of

the Pawnee Business Council, except such records as shall be explicitly made exempt

by law, shall be public information to any member of the Pawnee Nation of Oklahoma;.

(D)

Maintain the Pawnee Nation of Oklahoma official membership roll;.

(E)

Attest to enactments of the Pawnee Business Council;.

(F)

In absence of the President and Vice-President, call to order regular and special

meetings of the Pawnee Business Council until a Chairman pro tem is selected;.

(G)

Perform the duties of the Treasurer, in the absence of the Treasurer; and.

(H)

The Secretary shall be bonded.

Section 4. The Treasurer shall, be responsible for the following duties:

(A)

Receive funds from all sources for which the Pawnee Business Council is held

accountable, and maintain financial records which shall reflect actual receipts and

disbursements of all funds, and which shall reflect the financial position of the Pawnee

Nation of Oklahoma.;

(B)

Deposit funds from any and all sources for which the Pawnee Business Council is held

accountable in an insured bank or other approved financial institution;.

(C)

Disburse by check, the funds from any and all funds for which the Pawnee Business

Council authorizes. All checksFunds shall be signeddisbursed by the Treasurer and

countersignedapproved according to the hierarchy listed under Article V;. by the

President.

(D)

An annual independent audit of all funds for which the Pawnee Business Council is

held accountable;.

Page 4 of 13

(E)

Present financial status reports and budget reports as determined by the Pawnee

Business Council;.

(F)

Perform the duties of the Secretary, in the absence of the Secretary;.

(G)

The Treasurer shall be bonded; and.

(G)(H) If the Treasurer fails to fulfill his or her Constitutional or statutory duties of the office

of the Treasurer, funds may be jointly disbursed by two (2) officers of the Pawnee

Business Council.

ARTICLE VI - VACANCIES

Section 1. - In the event of a Presidential vacancy, the Vice-President shall temporarily vacate

theirhis/her office and fulfill the duties of the office of President until another pPresident is elected

by a majority of Pawnee Nationtribal voters in a specially called election. The Business Council

shall elect from the current council membership citizenship a Temporary Vice President to serve

until the next President is elected by a majority of Pawnee Nationtribal voters in a specially called

election, at which time the Temporary Vice President shall return to his/her previous position.

Section 2. – If the offices of the President and Vice President are vacant, the Treasurer shall

temporarily vacate his/hertheir office and fulfill the duties of the President, and the sSecretary shall

temporarily vacate his/hertheir office and fulfill the duties of the Vice President. The Business

Council shall elect from the current council membership citizenship a Temporary Treasurer and a

Temporary Secretary until the next President and Vice President are elected by a majority of

Pawnee Nationtribal voters in a specially called election, at which time the Temporary Treasurer

and Temporary Secretary shall return to his/hertheir previous position.

Section 3. – If the offices of the President, Vice President, and Treasurer are vacant, the Secretary

shall temporarily vacate his/hertheir office and fulfill the duties of the President. The Business

Council shall elect from the current council membershipcitizenship a Temporary Vice President,

Temporary Treasurer, and Temporary Secretary until the next President, Vice President, and

Treasurer are elected by a majority of Pawnee Nationtribal voters in a specially called election, at

which time the Temporary Vice President, Temporary Treasurer and Temporary Secretary shall

return to his/hertheir previous position.

Section 4. – Notwithstanding Article IV4, Section 5, if four (4) or more positions are vacant, a

quorum shall consist of all of the remaining Council members. If all officer positions are vacant,

any remaining council members may call a special Business Council meeting, at which time that

cCouncil member shall chair, and the remaining council shall elect officers.

Section 5. – If a vacancy occurs in a First, Second, Third, or Fourth Business Council member

position before the last six (6) months of a term, it shall be filled by a majority of Pawnee

Nationmember voters in a specially called election.

Section 6. – If a vacancy occurs in a First, Second, Third, or Fourth Business Council member

position in the latter six (6) months of that term, that position shall remain vacant until the next

general election.

Section 7. – If a vacancy occurs in any Business Council position in the six (6) months prior to a

general election, the specially called election shall be held with the general election.

Section 8. – Any successful candidate who is elected in a special election shall serve only the

remaining term of that vacant position.

Section 9. – Unless sSections 6 and& 7 apply, the eElection Board shall set and conduct a special

election within sixty (60) days, but not before thirty (30) days, after a position is vacant.

Section 10. – A position is vacant when:

(A)

Subject to an effective date, a resignation is received in writing by the Office of the

pPresident;

(B)

Vacant pursuant to Article VII, Section 1;One

Page 5 of 13

(C)

(D)

(E)

(F)

Death;

Recall;

Removal; or

A suspension is imposed under Article VII, Section 3, in which case a specially called

election is not required if the Business Council finds that suspension is likely to be

resolved within six (6) months. If the Business Council finds that the suspension is

likely to be longer than six (6) months, they may call a special election may be called.

If the suspension is removed, the person elected in the special election shall step down

and the suspended Business Council Member shall retake his/hertheir position.

ARTICLE VII - FORFEITURE, RECALL, SUSPENSION, REMOVAL

Section 1. Forfeiture

(A)

If a member of the Pawnee Business Council fails or refuses to attend two (2) regularly

called quarterly or special meetings per year from the date of his/her oath of office,

unless excused by majority vote of the Pawnee Business Council President for illness

or other causes for which the member cannot be held responsible, his/her seatoffice

shall be declared forfeited by a resolution of the Pawnee Business Council and become

vacant.

(A)(B) Any the vacancy shall be filled consistent with Vacancy provisions of this Constitution.

Section 2. Recall

(A)

A petition for recall of any member of the Pawnee Business Council shall be:

(1) fFiled with the Pawnee Nation Election Commission with a statement alleging

specific facts and dates of actions or inactions by the Pawnee Business Council

Member subject to recall, including the Article of the Pawnee Nation Constitution

that was violated;

(2) Vverified by the Enrollment Department that thirty- five percent (35%) of the

number of voters who voted in the last regular election signed the petition; and

(2)(3)

Ssigned and include the following information for all individual

signatures: full name, date of birth, and signature.

(3) pay a filing fee not to exceed fifty percent (50%) of the total cost of the last regular

election payable to the Election Commission.

(B)

Individual petitions shall be filed for each Pawnee Business Council Member who is

subject to recall.

(C)

The petitioner shall be required to pay a filing fee of fifty percent (50%) of the total

cost of the last regular election payable to the Election Commission for each individual

Pawnee Business Council Member being recalled.

(D)

Once requirements of Section 2 (A)(1-3) and (C) have been completedAfter receipt of

the verified recall petition, the Election Commission shall call and hold a recall election

within sixty (60) business days, but not before thirty (30) business days.

(B)(E) Notice of the recall shall be sent to all eligible voters prior to the recall election.

(C)(F) The Rrecall shall be effective when only if a majority of those voting shall vote in favor

of such a recall and that at least fifty percent (50%) + one (1) of the number voting, in

the previous election votes in favor of the recall election.

(D)(G) Once a member has faced a recall attempt, no further recall action shall be brought

against that member until at least twelve (12) consecutive months have passed. No

member of the Pawnee Business Council shall be subject to a recall action within the

first twelve (12) months of that member’s term. A recall proceeding may not be

initiated against a Council Member whose term expires within six (6) months.

(E)(H) A maximum of three (3) Council Members may be recalled at a time.

Section 3. Suspension

Page 6 of 13

(A)

A Pawnee Business Council mMember shall be suspended from the Business Council

without compensation whenif:

(1) cChargesd are pending for with a felony criminal offense;, and

(2) Anthat offense would be cause for removal as defined in Section 4. (C)iv.(a1-6);,

and

(3) tThe charging jurisdiction where the charges are pending guarantees equalsimilar

civil rights and due process as is guaranteed under within the Pawnee Nation

Constitution.

(B)

The suspension shall be effective from the date of the filing of the charges until

dismissed.

(C)

It is the duty of the defendant Business Council Member to immediatelytimely notify

the Business Council and the Attorney General of any pending felony the charges.

(D)

A suspended Business Council Member is excused from attending meetings and other

official dutyduties during the suspension.

(E)

NoAny vote cast or other official action taken after such charges have been filed shall

be valid, but taking such official action while under suspension shall be valid and will

constitute the crime of unofficial misconduct.

(F)

The Business Council may by majority vote, with the subject member abstaining, lift

the suspension if it finds that the requirements of paragraph (i) are not met.

(G)(F) The suspended Business Council Member may bring a declaratory judgment action in

Pawnee Nation Tribal Court to challenge the application of this Section.

(H)(G) If the Court dismisses the pending felony charges are dismissed, because the defendant

is found innocent, the suspension shallis automatically be removed, and all withheld

compensation shall be paid without interest.

Section 4. Removal of Pawnee Business Council Members

(A)

Removal for Cause –A Pawnee Business Council members may be removed for cause

by a petition for removal filed in Pawnee Nation District Court with the right of appeal

to the Pawnee Nation Supreme Court.

(B)

A petition for removal may be filed only;on behalf of the Pawnee Nation by resolution

of the Pawnee Business Council.

(1) by the Attorney General, or

(2) by Resolution of the Pawnee Business Council, or

(3) by any individual or individuals who deposits $10,000 in cash or bond with the

court clerk.

(C)

Removal for cause includes but is not limited to:

(1) A felony conviction by any Tribal, Federal, or State Court while serving on the

Pawnee Business Council;

(a) Conviction means a final conviction or a plea of no contest or guilty,

regardless of beingwhether or not dismissed, suspended, pardoned, or

expunged, and irrespective of whether it is denominated a felony,

misdemeanor, or otherwise.

(2) Converting Pawnee Nation property or monies for personal use, or financial gain

or profit;

(3) Willful neglect or refusal to fulfill Constitution or statutory duties;

(4) Official misconduct in office or by abusing the lawful authority of an elected

official;

(a) Official misconduct in office shall include but is not limited to

harassment or unfair treatment of a Pawnee Nation citizen or employee

by a Council Member due to religion, sex, age, or disability;

(5) Physical or mental incapacity; or

(6) Cessation of citizenship in the Pawnee Nation.

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(C)

Cause if defined as:

(a) (a) conviction of any of the following offenses in any legitimate governmental

jurisdiction:

(1) A. Fraud

(2) Making false representation

(3) Knowledge of such false representation by the perpetrator

(4) Reliance on the false representation by the person defrauded

(5) An intent to defraud

(6) The actual act of committing fraud

(7) Passing bad checks

(8) Knowingly possessing stolen property

(9) B. Evil Intent

(10)

Arson

(11)

Blackmail

(12)

Embezzlement

(13)

Extortion

(14)

False pretenses

(15)

Forgery

(16)

Fraud

(17)

Larceny (grand or petty)

(18)

Crimes against property

(19)

Malicious destruction of property

(20)

Receiving stolen goods (with guilty knowledge)

(21)

Robbery

(22)

Theft (when it involved the intention of permanent taking)

(23)

Transporting stolen property (with guilty knowledge)

(24)

Crimes against Governmental authority

(25)

Bribery

(26)

Counterfeiting

(27)

Fraud against revenue or other governmental functions

(28)

Mail fraud

(29)

Perjury

(30)

Harboring a fugitive from justice (with guilty knowledge)

(31)

Tax evasion (willful)

(32)

Carry a concealed weapon

(33)

Desertion from the Armed Forces

(34)

Dishonorable Discharge from the Armed Services

(35)

Failure to report for military induction

(36)

Drunk driving

(37)

Habitual drunkenness

(38)

Escape from prison

(39)

Gambling violations

(40)

Controlled Dangerous Substances violations

(41)

Liquor violations

(42)

Vagrancy

(43)

E. Crimes committed against person, family relationship,

and

sexual

morality

(44)

Abandonment of a minor child (if willful and resulting in

the destitution of the child)

Page 8 of 13

(45)

Assault

(46)

Assault with intent to kill, commit rape, commit robbery or

commit serious bodily harm

(47)

Assault with a dangerous or deadly weapon

(48)

Contributing to the delinquency of a minor

(49)

Gross indecency

(50)

Incest

(51)

Kidnapping

(52)

Lewdness

(53)

Manslaughter

(54)

a. Voluntary

(55)

b. Involuntary, where the statue requires proof of

recklessness

(56)

Mayhem

(57)

Murder

(58)

Pandering

(59)

Prostitution

(60)

Rape (including “Statutory rape”)

(61)

Sodomy

(62)

Libel/Slander

(63)

Mailing an obscene letter

(64)

Crimes attempting, aiding and abetting, accessories, and

conspiracy

(65)

an attempt to commit a crime listed in this Section,

(66)

Aiding and abetting in the commission of a crime listed in

this Section,

(67)

Being an accessory (before or after the fact) in the

commission of a crime listed in this Section,

(68)

Taking part in conspiracy (or attempting to take part in a

conspiracy) to commit a crime listed in this Section.

(b) Willful neglect or refusal to fulfill statutory duties.

Intentional conduct reflecting very negatively on the dignity and integrity of the tribal

government.

(D)

The grounds for removal shall be set forth with specificity in the petition for

removal and the Pawnee Business Council Member shall be suspended from office

until the Court rules on the petition.

(D)(E) Court Review

(1) The Pawnee Nation District Court shall review the removal petition in a new trial.

(a) An The Judge must hold an initial hearing must be held within thirty

(30) days of receipt of the petition with a decision reached by the Court

and resolve the case within ninety (90) days.

(a)(b)

The petitioner must prove the allegations contained in the

petition facts by clear and convincing evidence. Any party to the case

shall have a right to appeal.

(2) Before the Court rules on a petition for removal, the Court shall provide due

process to each party, including:

(a) A copy of the petition;

(b) The right to respond to the petition; and

(c) The right to present witnesses and other evidence in his/her defense.

(3) If the Court finds grounds for removal as stated in the petition do exist, the Pawnee

Nation shall be awarded reasonable costs and expenses, including attorney fees,

Page 9 of 13

not to exceed Ten Thousand Dollars ($10,000), and any other relief that the Court

deems fair and reasonable.

(4) If the Court finds grounds for removal as stated in the petition do not exist, Tthe

defending Council member shall be reinstated to the Pawnee Business Council and

awarded reasonable costs and expenses, including may be represented by Counsel.

If the Court denies the petition then the defending Council member shall be

awarded costs and attorney fees, not to exceed Ten Thousand Dollars ($10,000).00,

and any other relief that the Court deems fair and reasonable.

(b)(a)

The costs and expenses, including attorney fees, shall be

paid from Pawnee Nation funds.

(5) All parties may be represented by an attorney of his/her choosing, provided at

his/her own expense for the purposes of this Section.

(6) Either party may seek an appeal of the decision of the District Court by filing an

appeal with the Pawnee Nation Supreme Court.

(2)(7)

No Pawnee Business Council member shall be subject to removal If the

petition was filed by Business Council or the Attorney General the cost of attorney

fees shall be paid from tribal funds. If the petition was filed by an individual the

cost of attorney fees shall be paid from the deposit. An exonerated Council member

charged under paragraph (iv) (b) or (iv) (c) of this Section shall not be charged

again under such paragraph until more than twelve (12) months have passed since

the previous petition for removal was filed.

(3)(8)

A Pawnee Business Council member removed from office shall not be

prohibited from running or holding office again at any time in the future, provided

they meet eligibility requirements in Article IV.

If a petition filed by individual(s) is successful then their $10,000 deposit shall be

refunded. If the attorney fees of a winning defendant are less than $10,000 then

the balance shall be refunded.

ARTICLE VIII - NASHARORÊSÂRU COUNCIL

Section 1. The NasharoRêsâru Council shall consist of eight (8) members with a quorum of five

(5) to transact business. Each band shall have two (2) representatives on the NasharoRêsâru Council

selected by the members of the tribal bands, Čawî’Chaui, KitkehakiKitkehahki,

PîtahawirâtaPitahawirata and CkiriSkidi. The NasharoRêsâru Council shall have the right to review

all acts of the Pawnee Business Council regarding the Pawnee Nation of Oklahoma

membershipcitizenship and Pawnee Nation of Oklahoma claims or rights growing out of tTreaties

between the Pawnee Nation of Oklahoma and the United States, provided:

(A)

Such acts of the Pawnee Business Council shall be valid and valid unless formally

disapproved by the NasharoRêsâru Council within thirty (30) days after suchthe acts

are referred to the latter Rêsâru Council; and

(B)

Where such acts are disapproved by the NasharoRêsâru Council, the Pawnee Business

Council may submit them to a referendum vote by of the Pawnee Nation citizens of

Oklahoma and the-y acts shall become valid and effective if approved by a majority

vote of the adult citizens members voting in person or by absentee ballot; provided,

that, at least fifty (50) of those qualified to vote shall cast ballots in such election.

Section 2. The Bands of the Pawnee Nation of Oklahoma shall elect their respective representatives

under rules and regulations prescribed by the Chiefs of each Band. The representatives selected

shall serve until the next regular selection of members of the NasharoRêsâru Council.

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Section 3. Vacancies in the membership of the NasharoRêsâru Council shall be filled under rules

and regulations prescribed by the NasharoRêsâru Council.

Section 4. The NasharoRêsâru Council shall have the power to establish its own offices and to

designate its own officers, to fix isset its own meeting days, and to adopt its own rules of procedure;

provided a quorum is present to transact business. Records of the proceedings of this body shall be

kept.

Section 5. All members of the NasharoRêsâru Council shall attend tribal constitution classes as

prescribed by the Pawnee Business Council.

ARTICLE IX - COURTS

Section 1. Establishment of Authority -–

Under its inherent sovereign authority, Tthe judicial power of the Pawnee Nation of Oklahoma

shall be vested in the current Pawnee Nation Courts established by this Article Resolution 93-65

and shall consist of five (5) Judicial OfficersJustices and at least one (1) trial court, known as the

Pawnee Nation District Court, and additional courts as may be established by tribalPawnee Nation

law. The courts shall be a separate branch of government.

Section 2. Jurisdiction

The Courts of the Pawnee Nation of Oklahoma shall be courts of general jurisdiction and shall

further have jurisdiction in all cases or controversies arising under thePawnee Nation Treaties, this

cConstitution, or as provided by Pawnee Nation laws or in equity, and treaties of the Pawnee Nation

of Oklahoma. The Pawnee Nation Supreme Court shall have original jurisdiction in only such

cases as may becases and controversies as provided by law or in equity, and shall have appellate

jurisdiction in all other cases.

Section 3. Selection of Judicial Officers –

The Judges of the District Courts and the Justices of the Pawnee Nation Supreme Court and Judges

of District Courts shall be selected and appointed by a majority vote of the Business Council.

Justices and JudgesJudges and Justices may, by Supreme Court rRule, assume the duties of a

member of the other court to hear a specific case in which the regular Judge or Justices or Judges

are is disqualified or areis otherwise unable to perform his/hertheir duty as to the case. Provided,

no Judge or Justice shall preside over a matter in the Pawnee Nation Supreme Court if he/she

presided over the same matter in the Pawnee Nation District Court.

Section 4. Term of Office –

The Judges and Justices and Judges of the Pawnee Nation of Oklahoma shall serve terms according

to Pawnee Nation law six year terms beginning aton the date of theirhis/her

confirmationappointment in office and continueing if reconfirmed or until his/hertheir successor

shall behas been duly appointed and confirmed and installed.

Section 5. Removal –

Judges and Justices and Judges of the Pawnee nNation of Oklahoma may be removed from office

only by a majority vote of the other active Judges and 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 for cause as defined in Article VII, Section 4 (C), D. In no case may a judicial officer

be removed from office because of his/her decision in any case before the Court.

Section 6. Judicial Review –

The Pawnee Nation Courts are specifically authorized to review, in any case properly before them,

the actions of the Pawnee Business Council, or any other officers, agents, or employees of the

government of the Pawnee Nation of Oklahoma to determine whether those actions are prohibited

by Federal law, this Cconstitution or the laws of the Pawnee Nation of Oklahoma. If the action

complained of is outside the scope of authority delegated to entity in question, or if a proper

authority is being exercised in a prohibited manner, Tthe Courts may enter an injunction or other

proper equitable relief or declare the action unconstitutional and void as justice may require.

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Section 7. Effective date, Interim ProvisionSeparation of Powers – This article shall be effective

upon approval in accord with Article X.

The Pawnee Nation cCourts shall be a separate branch of government. The Pawnee Business

Council shall thereafter have the authority to enact such laws as may be necessary for the full and

proper functioning of the Courts of the Pawnee Nation of Oklahoma which are not inconsistent

with this aArticle. All existing current laws regarding the cCourts shall remain in effect and asmay

be amended to the extent that they do not conflict with this Constitution.

Section 8. Court Funding –

The Pawnee Nation Courts shall be funded in a reasonable amount in the annual budget in an

amount equal to or exceeding funding from the previous fiscal year. In the event thatIf overall

funding shortfalls require budget cuts, the cCourt budget may be reduced but proportionately not

more than any other departmentbrand of government.

Court funding shall be equal to or exceed funding amounts for fiscal year 2007.

(A)

In the event that overall funding shortfalls require budget cuts, the court budget may

be reduced but proportionately not more than any other department.

ARTICLE X - BILL OF RIGHTS

Section 1. All members citizens of the Pawnee Nation shall enjoy, without hindrance, freedom of

worship, conscience, speech, press, assembly, and association, and the right to a clean and

sustainable environment.

Section 2. Thise Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights

and privileges of the Pawnee Nation or its citizens as citizens of the United States or of any State

State of Oklahoma or of the United States. The Indian Civil Rights Acts (ICRA) of 1968 (ICRA)

and the rights guaranteed under this ActConstitution areis applicable to theall tribal members and

citizens and other persons subject to within tribal Pawnee Nation jurisdiction.

Section 3. The individual property rights of any member citizen of the Pawnee Nation shall not be

altered, abridged, or otherwise affected by the provisions of this Constitution and By-Laws without

the consent of such individual membercitizen.

Section 4. The enumeration in the Constitution of the Pawnee Nation of certain rights shall not be

construed to deny or disparage other rights retained by Pawnee Nation citizens.

Section 5. No citizen of the Pawnee Nation, eighteen (18) years of age or older, shall be denied the

right to vote by secret ballot, either in person or by absentee ballot, provided that no write-in votes

shall be allowed.

Section 6. Pawnee Nation Citizens shall have the inherent right to preserve and foster their historic,

linguistic, and cultural lifeways. The Pawnee Nation shall protect and promote the language,

culture, and traditional ways of all Pawnee people.

ARTICLE XI - AMENDMENTS

Section 1. Amendments to this Constitution may be proposed by a majority vote of the Pawnee

Business Council or by a petition signed by at least two percent (2%) fifty (50) of the adult

citizensmembers of the Pawnee Nation of Oklahoma.

Section 2. This Constitution may be amended by a majority vote of the qualified voters of the

Pawnee Nation voting in an election called for that purpose by the Pawnee Business Council

Secretary of Interior and conducted pursuant to the rules and regulations of the Pawnee Nation of

Oklahoma. Provided, that, at least four percent (4%)fifty (50) of those qualified to vote shall cast

ballots in such election.

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Section 3. TheAn amendment shall become effective when the vote is certified by the Election

Commission and submitted to the Secretary of the Pawnee Business Council.approved by the

Secretary of Interior, so long as such approval is required by Federal law, and ratified by the adult

members of the Nation.

ARTICLE XII - PLACE OF MEETINGS

Unless some other location in the Pawnee Nation of Oklahoma jurisdiction is designated in the

notice, all meetings of the Pawnee Business Council and of the NasharoRêsâru Council shall be

held, in person or virtual, at the Pawnee Nation Reserve at Pawnee, Oklahoma.

ARTICLE XIII-ADOPTION

This Constitution when approved by the Secretary of Interior, shall be submitted to referendum

vote of the adult members of the Nation, and shall become effective if approved by two-thirds vote

of the adult members voting in person, provided that at least fifty votes are cast.

ARTICLE XIIIV - SAVINGS CLAUSE

All enactments of the Pawnee Nation adopted before the effective date of this Constitution shall

continue in effect to the extent to that they are not inconsistent with this Cconstitution.

ARTICLE XIV - SEVERABILITY

If any provisionpart of theis Pawnee Nation Constitution shall, in the future, be declaredis held by

the Federal Court to be invalid or unconstitutional or in violation of Federal or Pawnee Nation law,

it is the intent of the Pawnee Nation that the invalid portion contrary to the U.S. Constitution or

Federal law,shall be severed and the remainingder provisions shall continueremain to be in full

force and effect.

ARTICLE XV – SOVEREIGN IMMUNITY

In fully exercising its self-determination and sovereign powers, the Pawnee Nation shall be immune

from suit except to the extent that the Pawnee Business Council expressly waives the Nation’s

sovereign immunity or as provided by in this Constitution.

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