PREAMBLE
Invoking
the guidance of Almighty God, we, the members of the Comanche Nation
with faith in the purposes of our Supreme Being, with abounding pride
in our ancient racial heritage and with the determination to promote,
through united efforts, the general well-being of our tribe and to secure
to ourselves and our descendants the rights, powers and privileges provided
by law, do solemnly ordain and establish this organization and adopt
the following constitution.
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ARTICLE I - NAME
(Pursuant to Amendment A, adopted February 23, 2002)
The name
of this government will be the "Comanche Nation."
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ARTICLE II - PURPOSE
The purpose
of this organization shall be:
Section
1. To define, establish and safe guard the rights, powers and
privileges of the tribe and its members.
Section 2. To improve the economic, moral, educational
and health status of its members and to cooperate with and seek the
assistance of the United States in carrying out mutual programs to accomplish
these purposes by all possible means.
Section 3. To promote in other ways the common well-being
of the tribe and its membership.
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ARTICLE III - MEMBERSHIP
(Pursuant to Amendment V, adopted May 29, 1976, Amendment
D, adopted February 23, 2002)
Section
1. The membership of the Comanche Nation shall consist of the
following:
(a) All
persons, who received an allotment of land as members of the Comanche
Nation under the Act of June 6, 1900 (31 Stat. 672), and subsequent
Acts, shall be included as full blood members of the tribe.
(b) All
living direct descendants of allottees eligible for membership under
the provisions of Section 1 (a) of this Article born on or before
the date of adoption of this constitution.
(c) All
descendants of allottees eligible for membership under the provision
of Section 1.(a) of this Article, having one eighth (1/8) or more
degree of Comanche Indian Blood.
Section 2. Applications for new membership in the Comanche
Nation under Section 1 (c) must be supported by authenticated copies
of birth certificate or other records recognized by State or Federal
recorders. All evidence so submitted shall be retained by the tribe
to support the record.
Section 3. Any person eligible for membership in the Comanche
Nation under the provisions of Section 1 of this Article shall be considered
a member of the Comanche Nation unless:
(a) The
person is an adult and submits in writing to the tribal chairman a
statement of withdrawal from the Comanche Nation and relinquishment
of all rights of tribal membership, signed by him or her and attested
by two (2) witnesses, which statement shall automatically effect a
permanent withdrawal from membership in the Comanche Nation and a
relinquishment of all rights and benefits thereunder; or
(b) The
person is at the time of the adoption of this constitution an enrolled
member of another tribe or has in the past received and accepted or,
if a minor, whose parents or legal guardian has received and accepted
for said minor, material or monetary benefits as a member of another
Indian tribe and who fails or whose parents or legal guardian fails,
if a minor, within ninety (90) days after the adoption of this constitution
to declare in writing to the tribal chairman preference for membership
in the Comanche Nation and at the same time in writing renounces membership
in said other tribe; or
(c) The
person after the adoption of this constitution by his or her affirmative
action or, if a minor, by the affirmative action of his or her parents
or legal guardian becomes a recognized or enrolled member of another
Indian tribe with the full rights, privileges and powers of membership
under the rules of said other tribe, which said affirmative action
and subsequent recognition or enrollment shall automatically effect
a permanent withdrawal from membership in the Comanche Nation and
a relinquishment of all rights and benefits thereunder; or
(d) The
person after the adoption of this constitution receives and accepts
or, if a minor, his or her parents or legal guardian accepts for said
minor, material or monetary benefits as a result of membership in
another Indian tribe, which such receipt and acceptance shall automatically
effect a permanent withdrawal from membership in the Comanche Nation
and a relinquishment of all rights and benefits thereunder.
Section 4. Notwithstanding the provisions of Section 3
of this Article, any person who meets the eligibility criteria in Section
1 of this Article who as a minor accepted a material or monetary benefit
as a member of another Indian tribe or whose legal guardians accepted
a material or monetary benefit as a member of another Indian tribe while
the person was minor, shall have the option of relinquishing their membership
in the other tribe and becoming a member of the Comanche Nation not
later than one year after they become an adult as defined by this Constitution,
provided further that any person eligible for membership in the Comanche
Nation under this section who has reached adulthood prior to the approval
date of this section must take appropriate action to enroll as a member
of the Comanche Nation not later than 30 days subsequent to the adoption
date of the section.
Section 5. The Comanche Nation will have
an open enrollment not to exceed a period of six (6) months from the
time this amendment is approved by the Secretary of Interior to allow
all persons who have not met or do not meet the eligibility requirements
as stated in Article III, Section 1 through Section 4, the opportunity
to present evidence and documentation to substantiate their claim(s)
for enrollment to be determined by the Comanche Business Committee.
[Amendment
E]
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ARTICLE IV - ORGANIZATION AND OFFICERS
Section
1. The supreme governing body of this organization shall be
the Comanche Tribal Council.
Section 2. In addition to the tribal council, there shall
be elected a Comanche Business Committee.
Section 3. The elected officers of the tribal council
shall be a tribal chairman, a tribal vice-chairman, and a tribal secretary-treasurer.
In addition these officers shall serve in the same capacity on the Comanche
Business Committee.
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ARTICLE V - TRIBAL COUNCIL
(Pursuant
to Amendment I, adopted May 29, 1976, Amendment XI and Amendment XII,
adopted April 14, 1979, Amendments XVIII and XIX, adopted September
29, 1984, And Amendments XXXI, XXXII, XXXIII, XXXIV, XXXV, XXXVI, adopted
April 28, 1994)
Section
1. The Tribal Council shall consist of all members of the Comanche
Nation who are eighteen (18) years of age or older.
Section 2. There shall be an annual meeting of the tribal
council on the third Saturday in April of each year at 1:30 p.m. at
the Comanche Tribal Complex, Lawton, Oklahoma, or such other place as
the business committee shall determine.
Section 3. In addition to the annual tribal council meeting,
the tribal chairman shall be required to call a special tribal council
meeting in the following cases:
(a) Upon
written request by the Commissioner of Indian Affairs or his authorized
representative; or
(b) When
he is so requested in writing by as many as three members of the business
committee, setting forth the purpose of the meeting; or
(c) When
he is so requested by a petition signed by two hundred (200) eligible
voters of the Comanche Nation, setting forth the purpose of the meeting
consistent with the constitution; or
(d) Should
the tribal chairman refuse to call and hold a meeting of the tribal
council or neglect to do so for thirty (30) days after he is duly
requested, the Commissioner of Indian Affairs or his authorized representative
shall be authorized to call such special meeting and shall do so by
notifying the officers and members of the business committee of the
date thereof.
Section 4. Notice of all meetings of the tribal council,
including the annual meeting, shall be given by the secretary-treasurer
as follow:
(a) By
mailing a postal card letter to each member of the business committee
at least ten (10) days prior to the meeting date, stating the date,
time, place and purpose of the meeting; and
(b) By
posting at a public place and inserting at least two (2) weeks prior
to the meeting date a notice in two (2) local newspapers containing
the same information as set forth above, radio, television, or other
media of notice may also utilized depending on availability and at
the discretion of the business committee.
Section 5. Voters of the Tribe shall be members of the
tribal council who otherwise quality. All votes taken during tribal
council meetings shall, at the discretion of the Chairman, be by standing
vote or by ballot.
Section 6. No action shall be taken by the tribal council
unless a quorum is present, quorum shall consist of one hundred and
fifty (150) eligible voters.
Section 7. Subject to the approval of the Secretary of
the Interior or his authorized representative where applicable, the
authority of the Comanche Tribal Council shall include and be exclusive
with respect to the following:
(a) To
change, modify, alter or revoke membership rules.
(b) To
execute leases, contracts or permits for five (5) or more years with
regard to property which is owned exclusively by the Comanche Nation,
but this does not include any individually-owned land or personal
property.
(c) To
elect tribal officers and members of the business committee and to
fill vacancies which may occur pursuant to Article VII.
(d) To
authorize the expenditure of funds which may be deposited to the exclusive
credit to the Comanche Nation and of funds which may be deposited
to the joint credit of the Kiowa, Comanche and Apache Tribes.
(e) To
select and authorize tribal delegations to transact business on behalf
of the tribe. When travel is involved, the terms of the resolution
shall include the purpose of the trip and the existence of the delegation's
authority.
(f) The
salary for the Chairman of the Business Committee shall be established
by the Tribal Council by the adoption of an annual tribal operating
budget. Salary for all other members of the business committee shall
be two hundred and fifty dollars ($250) per month.
Section 8. All minutes of the tribal council meetings
shall be published in a manner to be determined by the tribal council.
Section 9. To hire an Administrator/Manager to administrate
the tribal government. The Administrator/Manager shall be under the
direction of business committee. Members of the business committee shall
not be an employee of the tribal government.
Section 10. To hire an attorney to represent the tribe
in legal matters.
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ARTICLE VI - BUSINESS COMMITTEE
(Pursuant
to Amendment X, adopted June 10, 1978, Amendment XIII and Amendment
XIV, adopted April 14, 1979, Amendment XX and Amendment XXI, adopted
September 29, 1984, Amendment XXIII, adopted June 29, 1985, and Amendments
F & G, adopted February 23, 2002)
Section
1. The Comanche Business Committee shall be composed of seven
(7) members of the Comanche Nation who are at least twenty-one (21)
years of age, and be elected as provided in Article VII of this constitution.
Section 2. The business committee shall meet on the first
Saturday of each month of each year at 10:00 a.m. In case of a legal
holiday, the meeting will be held on the following Saturday. Special
meetings may be called by the tribal chairman at his discretion; provided
that such special meetings do not exceed a total of twelve (12) meetings
per calendar year.
Section 3. Notice of all special meetings of the business
committee shall be given by the tribal secretary-treasurer by mailing
a letter or postal card to each member of the business committee at
least ten days (10) prior to the meeting date, setting forth the date,
time, place, and purpose m general terms.
Section 4. No action shall be taken by the business committee
except when a quorum is present. A quorum shall consist of five committeemen.
Section 5. At the beginning of each meeting of the Comanche
Business Committee, the tribal secretary-treasurer, or in his absence
the acting secretary as may be appointed by the tribal chairman, shall
keep a record in the permanent minute book of the names of those names
of those present and those absent. If a tribal committeeman is absent
for four (4) consecutive regularly scheduled meetings of the business
committee, the tribal chairman shall declare his seat vacant and so
notify in writing the tribal committeeman affected and steps shall be
taken to fill the vacancy pursuant to Article VIII, Section 1.
Section 6. All minutes of the business committee shall
be published in a manner to be determined by the business committee.
Section 7. The duties, responsibilities
and authorities of the business committee shall include the following:
(a) To
establish and maintain the tribal membership roll and to insure that
the roll is available for inspection at all reasonable times.
(b) To
determine qualifications of candidates nominated for office and to
conduct election of tribal officers and business committeemen pursuant
to the provisions of Section 2, Article VII, of this constitution.
(c) To
execute leases, contracts or permits with regard to property which
is owned exclusively or jointly by the Comanche Nation, but this does
not include any jurisdiction over individually-owned land or personal
property.
(d) To
develop annual budgets for the financing of Comanche tribal operations
and to present such budgets to the tribal council for final consideration
as to adoption or rejection.
(1)
The proposed annual tribal operating budget shall be disseminated
to tribal members forty-five (45) days prior to the annual meeting.
(2)
The budget shall be printed on a ballot in such a manner that each
line item may be approved or disapproved by the tribal members.
(3)
The line items of the budget shall be approved or disapproved in
the election of officers conducted subsequent to the annual meeting
pursuant to Article VII, Section 2, in which tribal officers are
elected.
(e) To
develop proposals which are in the interest of fulfilling the purpose
of the Comanche tribal organization including, but not limited to,
programs involving employment, health, education, public relations,
social, recreational, and historical activities of the tribe. Such
program proposals shall be presented to the tribal council for final
consideration as to adoption or rejection.
(f) To
implement, administer, and report on progress of programs adopted
by the tribal council.
(g) To
appoint such subcommittees as are needed to develop the proposals
suggested herein or any other worthwhile endeavors, including delegation
of such authorities to these subcommittees as in commensurate with
their responsibilities.
(h) To
secure an audit of each fiscal year's financial activities relating
to funds from all sources, to publish the audit of the prior year's
funds in the tribal newspaper and two local newspaper at least sixty
(60) days prior to each annual meeting, and to prepare for delivery
to those attending the annual tribal council meeting a written annual
report which shall contain a synopsis of the varied activities of
the business committee, the previously published audit and a forecast
of activities proposed for the coming year. First audit funds shall
come out of any monies available to the tribe for expenditures, including
but not limited to the general budget fund or bingo fund. The audit
shall b& conducted by a reputable firm that is completely disassociated
from any tribal member.
(i) Such
additional duties and/or responsibilities which may be assigned to
the business committee by the tribal council by appropriate resolution
approved in tribal council assembled.
(j) To
promulgate and enforce ordinances and codes governing law and order
to protect the peace, health, safety, and general welfare on land
determined to be within Comanche tribal jurisdiction.
Section 8. The term of office for each officer and committeeman
shall be for a period of three (3) years or until a successor is duly
elected and installed in office. Each officer or committeeman shall
be eligible to serve two (2) consecutive terms effective upon date of
this amendment, present term being counted as one term. At the completion
of the second consecutive term of office, an officer or a committeeman
shall not be eligible for election to position on the business committee
until a period of three (3) years elapsed. In addition, an officer or
committeeman who has completed two (2) consecutive terms on the business
committee shall not be employed within the Comanche tribal governmental
system until a period of three (3) years has elapsed. For the purpose
of this section, any portion of a term shall be considered as one term.
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ARTICLE VII- ELECTIONS
(Pursuant
to Amendment II, adopted May 29, 1976, Amendment VI, adopted June 10,
1978 Amendment XVII, adopted April 25, 1981, and Amendment XXI, adopted
September 29, 1984)
Section
1. As soon as practicable after this constitution is adopted
the Area Director shall call a tribal council meeting and shall hold
and supervise the first nomination and election hereunder for the tribal
committee and officers, as follows:
(a) The
Area Director may at his discretion delegate chairmanship of the initial
meeting to an employee under his supervision. A secretary for the
proceeding may be provided by the Area Director from his staff or
he may also designate this responsibility to a member of the Comanche
Nation.
(b) At
the initial meeting of the tribal council shall nominate candidates
for the office of tribal chairman for three (3) years, vice-chairman
for three (3) years, secretary-treasurer for two (2) years, two (2)
business committee members for two (2) years and two (2) business
committee members for one (1) year. Nomination shall be made from
the floor and accepted by the chairman. Persons duly elected at the
ensuring election shall serve for the terms stated above unless their
successors are duly elected prior to the expiration of such terms.
Thereafter, all terms of office shall be for a period of three years
of until a successor is duly elected. The terms of officers and committeemen
shall be subject to the additional provisions of Article VI, Section
8.
(c) A
list of nominees shall be made a part of the official minutes of the
proceedings of this initial organization meeting from which determination
shall be made that all such nominees are officially qualified as candidates
for office in accordance with the provision of Article IX of this
constitution. The Area Director will be the final authority in making
such determination as to the qualifications of candidates for the
initial election of officers and committeemen of the Comanche Nation.
(d) Following
the initial organization meeting, and election day shall be designated
to elect the business committeemen and officers from among the candidates
who were nominated during the initial meeting. This election day and
polling places shall be declared by the Area Director. The election
of committeemen and officers shall be by secret ballot. No absentee
ballots will considered at such election.
Section 2. At each annual Comanche Tribal Council meeting
subsequent to the first election of officers and business committeemen,
under this constitution, candidates will be nominated to compete for
election to offices being vacated by reason of expiration of term of
office. Determination of qualifications of nominated candidates and
election processes shall be as described in Section 1(c), and (d) of
this Article except that the Comanche tribal officers and business committeemen
will assume the responsibilities assumed by the Area Director the first
election under this constitution and except that absentee ballots shall
be considered at all subsequent elections of officers and business committeemen.
No election shall be held later than 60 days after the annual meeting.
Because a valid election was not completed by the Comanche Nation within
sixty (60) days after the 1980 Annual Meeting, the Anadarko Agency is
authorized to conduct one (1) election for the tribe pursuant to rules
and regulations as prescribed by the Anadarko Agency The Anadarko Agency
is further authorized to notice, call, and conduct a special meeting
of the Comanche Tribe Council for the sole purpose of nominating candidates
for the vacant or expired positions that will be filled pursuant to
the election.
Section 3. Should an incumbent of the Comanche Business
Committee accept a nomination at an annual tribal council meeting as
a candidate for a different office, that individual shall be required
to resign the business committee position which he then holds. Although
such resignation shall not be effective until the completion of that
year's election processes. Nomination for candidates to fill the unexpired
portion of such person's term of office, shall be made at the same tribal
council meeting which he accepted nomination for a different office.
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ARTICLE VIII - VACANCIES AND REMOVAL
FROM OFFICE
(Pursuant
to Amendment XV, adopted April 14, 1979)
Section
1. If a committeeman of officer of the tribe shall die or resign,
be removed or recalled from office, his office shall be deemed vacant
and the tribal chairman, or should this office be vacant, the tribal
vice-chairman, shall immediately call a meeting of the Comanche Tribal
Council to be held within twenty (20) days for the purpose of filling
such vacancy for the unexpired term, except that when such vacancy shall
occur within four months of the annual meeting of the Comanche Tribal
Council, the position shall remain vacant until the next election when
provisions shall be made to fill the vacancy.
Section 2. The Comanche Tribal Council may at a meeting duly
called specifically for the purpose, recall any officer or committeemen
for neglect of duty or conduct that has brought disrepute upon the tribe.
Such a meeting shall not be unless a petition signed by two hundred
(200) eligible voters of the Comanche Nation requesting recall is submitted
to the Tribal Chairman. The recall of only one officer or committeeman
may be initiated per meeting called for this purpose.
(a) Following
submission of an acceptable petition for a recall Tribal Council meeting,
the tribal chairman shall require that signed Bill of Particulars
setting forth the elements of neglect or misconduct be submitted to
the accused. The petitioner's representative shall provide proper
evidence or receipt by the accused, the tribal chairman shall call
an official meeting of the Comanche Tribal Council within thirty (30)
days for the purpose of hearing and disposition of the case.
(b) The
format for the Tribal Council meeting shall be established as follow:
(1)
Presentation of the Bill of Particulars against the accused by a
representative of the accusers. This presentation shall be limited
strictly to those specifics included in the Bill of Particulars
as presented to the accused.
(2)
The accused shall be given adequate opportunity to answer any and
all charges of which he or she is accused. The accused may personally
present or may choose to utilize the services of another to present
this response.
(c) Upon
completion of these two presentations no further discussion shall
be allowed and voting shall proceed immediately in a manner prescribed
by this constitution.
(d) A
majority vote of those voting of the Tribal Council meeting shall
be sufficient to effect recall providing a quorum is present. Should
a quorum not be present the charges against the accused shall be declared
null and void and no further action shall be taken on this petition.
Section 3. Any officer or committeeman who shall be found
guilty be any State or Federal Court of a felony, a misdemeanor involving
dishonesty or of accepting a bribe shall forfeit his office and such
office shall immediately become vacant and be filled in accordance with
Section 1 of this Article.
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ARTICLE IX - QUALIFICATIONS OF OFFICERS
(Pursuant
to Amendment XVI, adopted April 14, 1979)
Section
1. No person may seek tribal office unless be will be at least
twenty-one (21) years of age at the time of his election and is a member
of the Comanche Nation.
Section 2. No member of the Comanche Nation who has been
convicted of a felony, a misdemeanor involving dishonesty or of accepting
a bribe shall be eligible to hold office.
Section 3. Any person recalled from office as a result
of action by the Comanche Tribal Council in accordance with Section
2 of Article VIII of this constitution shall forfeit the right to seek
election to any position on the Comanche Business Committee for a period
of three years beyond the expiration of the term of office in which
the recalled person was serving at the time of recall.
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ARTICLE X - BILL OF RIGHTS
(Pursuant
to Amendment XXII, adopted September 29, 1984, and Amendment XXIV and
Amendment XXV, adopted June 29, 1985)
Section
1. All members of the Comanche Nation shall enjoy without hindrance
freedom of worship, conscience, speech, press, assembly and association.
Section 2. This constitution shall not in any way be construed
at alter, abridge or otherwise jeopardize the rights and privileges
of the Comanche Indians as citizens of the United States.
Section 3. The individual vested property rights of any
member of the Comanche Nation, which shall include restricted lands
and income therefrom as well as personal property, shall not be altered,
abridged or otherwise affected by the provision of this constitution.
Section 4. Tribal members shall have the right to review
tribal records, including those of any enterprise operated/funded in
the name of the Nation (including CERCO, Bingo and any other tribally
operated/funded business) so long as the examination of the records
is permitted within seven (7) days of the receipt of a written request
for the review. No charge or fee shall be imposed upon any tribal member
in connection with the right to examine tribal records. No person or
committee shall be authorized to deny any tribal member the right to
make copies of tribal records except as required by Federal Statutes.
Section 5. No charge or filing fee shall be imposed upon
any tribal member in connection with the right to petition which are
provided for in this constitution. No person or committee shall be authorized
to deny any tribal member the right to petition.
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ARTICLE XI - AMENDMENTS
(Pursuant
to Amendment III, adopted May 29, 1976)
Section
1. Amendments to this constitution may be proposed by a majority
vote of the business committee or by a petition signed by two hundred
(200) adult members of the tribe who are entitled to vote, and if approved
by the Commissioner of Indian Affairs, shall be submitted to the voters
of the Tribe, and shall become effective when ratified by a majority
vote of those who cast ballots in an election called by the Commissioner
of Indian Affairs.
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ARTICLE XII - DUTIES OF OFFICERS
(Pursuant
to Amendment VII, adopted June 10, 1978, and Amendment XXXVII, adopted
April 28, 1994)
Section
1. The Chairman shall be the Chief Executive of the Comanche
Nation exercising the authorities and powers as delegated to his office
by this constitution and the Comanche Tribal Council. He shall preside
at all meetings of the Tribal Council and the Business Committee and
be the principal member of all tribal delegations. When so authorized
by the Comanche Tribal Council, he shall sign necessary papers and instruments
for the Comanche Nation.
Section 2. The Vice-Chairman shall perform the duties
of the Chairman in the event of the temporary absence or disability
of the Chairman or when it is determined according of Article VIII,
Section 2 that a hearing for removal of the Chairman is deemed necessary
by the Comanche Indian Tribal General Council.
Section 3. The Secretary-Treasurer shall preside in the
absence of the other officers and shall keep records, including financial
records, of the organization, shall record and keep the minutes of the
tribal council and business committee meetings in a permanent book,
and shall be responsible for sending all notices of meeting as herein
required. He shall keep copies of all such notices and requests for
meetings together with a statement by him or another officer, as the
case may be, that such notices were mailed and published as required
herein and place the same in the appropriate permanent minutes book
as a preface to the minutes of the meeting so called.
Section 4. Copies of all minutes of the tribal council
and business committee meetings and resolutions shall be sent to the
Anadarko Agency.
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ARTICLE XIII - ADOPTION
Section
1. This constitution shall become effective when approved by
the Commissioner of Indian Affairs and ratified by a majority vote of
the eligible voters of the Comanche Nation voting in an election called
by the Commissioner; provided, that at least thirty (30) percent of
those eligible to vote cast ballots.
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ARTICLE XIV - KIOWA, COMANCHE AND APACHE
INTERTRIBAL LAND USE COMMITTEE
(Pursuant
to Amendment IV, adopted May 29, 1976)
The Comanche
Business Committee shall designate members of the Comanche Business
Committee to represent the tribe on the Kiowa, Comanche and Apache Intertribal
Land Use Committee to transact business regarding property owned jointly
by the three tribes. The representatives so designated shall be authorized
to enter, on behalf of the Comanche Nation of Indians, into leases,
permits, easements, rights-of-way, contracts for development planning,
and other transactions, except the sale thereof, relating to tribal
lands commonly owned by the Kiowa, Comanche and Apache Tribes to the
extent that the Comanche Tribal Council could so act.
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ARTICLE XV - NEPOTISM
(Pursuant to Amendment VIII, adopted June 10, l'978)
Section
1. A relative of a member of the Comanche Tribal Business Committee
(to include wife, husband, mother, father, son, daughter, sister, brother)
shall not be employed within the Comanche Tribal governmental system.
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ARTICLE XVI - OATH OF OFFICE
(Pursuant
to Amendment IX, adopted June 10, 1978)
Section
1. Each member of the business committee and each officer or
subordinate officer elected or appointed shall take an oath of office
and pledge himself to support and defend the constitution of the Comanche
Nation of Oklahoma prior to assuming, the duties of his office. The
following form of oath shall be given.
"I,
do hereby solemnly affirm before Almighty God and mankind that I will
support and defend the constitution of the Comanche Nation, and will
carry out faithfully and impartially the duties of my office to the
best of my ability and will promote and protect the best interests of
the Comanche Nation in accordance with the tribal constitution."
APPROVAL
I, Robert
L. Bennett
Commissioner of Indian Affairs, do hereby approve the foregoing Constitution
of the Comanche Indian Tribe.
| |
(sgd)
Robert L. Bennet
Commissioner
|
Date:
January 9, 1967
Ratified
November 19, 1966 by a vote of 492 for and 483 against
UPDATED:
FEBRUARY 23, 2002
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[Amendments]
[Digitizer's
note: Amendments are already incorporated above.]
AMENDMENT A
ARTICLE
I - NAME
AS READS:
The name of this organization shall be the "Comanche Indian Tribe."
AMENDED
TO READ: The name of this government will be the "Comanche Nation."
[Article
1- Name]
[Digitizer's
note: Amendments B and C - Reserved.]
AMENDMENT
D
ARTICLE
III - MEMBERSHIP
SECTION
1 (c)
AS READS:
All children of at least one-fourth (1/4) degree Comanche Indian blood
as defined by and derived from Section 1(a), born after the date of
the adoption of this Constitution to a member of the Comanche Indian
Tribe; provided, that application for new membership has been submitted
to the business committee as required by Section 2 of this Article.
AMENDED
TO READ: All descendants of allottees eligible for membership under
the provision of Section l.(a) of this Article, having one eighth (1/8)
or more degree of Comanche Indian Blood.
[Article
III - Membership, section 1 (c)]
AMENDMENT E
ARTICLE
III - MEMBERSHIP
SECTION
5.
AMENDED
TO ADD: The Comanche Nation will have an open enrollment not to exceed
a period of six (6) months from the time this amendment is approved
by the Secretary of Interior to allow all persons who have not met or
do not meet the eligibility requirements as stated in Article III, Section
1 through Section 4, the opportunity to present evidence and documentation
to substantiate their claim(s) for enrollment to be determined by the
Comanche Business Committee.
[Article
III - Membership, section 5]
AMENDMENT F
ARTICLE
VI - BUSINESS COMMITTEE
SECTION
7. (C)
AS READS:
To execute leases, contracts or permits for periods not to exceed five
(5) years with regard to property which is owned exclusively by the
Comanche Indian Tribe, but this does not include any jurisdiction over
individually-owned land or personal property.
AMENDED
TO READ: To execute leases, contracts or permits with regard to property
which is owned exclusively or jointly by the Comanche Indian Tribe,
but this does not include any jurisdiction over individually-owned land
or personal property.
[Article
VI - Business Committee, section 7 (c)]
AMENDMENT G
ARTICLE
VI - BUSINESS COMMITTEE
SECTION
7 (J)
AS READS:
To promulgate and enforce ordinances and codes governing law and order
to protect the peace, health safety, and general welfare on land determined
to be within tribal jurisdiction subject to the approval of the Assistant
Secretary of Indian Affairs or his authorized representative.
AMENDED
TO READ: To promulgate and enforce ordinances and codes governing law
and order to protect the peace, health, safety, and general welfare
on land determined to be within Comanche tribal jurisdiction.
[Article
VI - Business Committee, section 7 (j)]
AMENDMENT H *DID NOT PASS BY VOTERS* (REJECTED)
BY A VOTE OF 535 FOR, 790 AGAINST
ARTICLE
VI - BUSINESS COMMITTEE
AS READS:
The term of office for each officer and committeeman shall be for a
period of three (3) years or until a successor is duly elected and installed
in office. Each officer or committeeman shall be eligible to serve two
(2) consecutive terms effective upon date of this amendment, present
term being counted as one term. At the completion of the second consecutive
term of office, an officer or a committeeman shall not be eligible for
election to a position on the business committee until a period of three
(3) years elapsed. In addition, an officer or committeeman who has completed
two (2) consecutive terms on the business committee shall not be employed
within the Comanche tribal governmental system until a period of three
(3) years has elapsed. For the purpose of this section, any portion
of a term shall be considered as one term.
AMENDED
TO READ: The term of office for each officer and committeeman shall
be for a period of three (3) years or until a successor is duly elected
and installed in office. The term of office for each officer and committeeman
shall be for a period of three (3) years and there is no limit on the
terms a duly elected officer or committeeman can serve.
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United
States Department of the Interior
Bureau
of Indian Affairs
Southern Plains Region
P. O. Box 368
Anadarko, Oklahoma 73005
MEMORANDUM
To: Assistant
Secretary - Indian Affairs
From: Regional Director, Southern Plains Region
Attn: Tribal Government Services
Subject:
Secretarial Election Results for Comanche Indian Tribe
Attached
is a copy of the Certificate of Results of Election for the Secretarial
Election held February 23, 2002, on six (6) proposed amendments to the
tribal constitution for the Comanche Indian Tribe. Five (5) of the six
(6) proposed amendments were ratified as follows:
Proposed
Amendment A ratified as Amendment No. XXXVIII with 1054 votes for,
275 against and 17 spoiled ballots.
Proposed
Amendment B ratified as Amendment No. XXXVIX with 969 votes for, 360
against and 17 spoiled ballots.
Proposed
Amendment C ratified as Amendment No. XL with 908 votes for, 408 against
and 17 spoiled ballots.
Proposed
Amendment D ratified as Amendment No. XLI with 746 votes for, 582
votes against and 17 spoiled ballots.
Proposed
Amendment E ratified as Amendment No. XLII with 895 votes for, 426
votes against and 17 spoiled ballots.
Proposed
Amendment F was rejected by a vote of 535 for, 790 against with 17
spoiled ballots. There were 1742 registered voters with 1346 eligible
voters casting ballots which calculates to 77% participation. Under
the authorization letter dated August 17, 2001, the document became
effective the date of ratification, February 23, 2002. There was one
challenge to the election that was dismissed without action.
Copies
of the amendments to the constitution are, also attached. If you have
any question, contact Terry Bruner or Suzanne Chaney, 405-247-6673,
extension 209 or 237, respectively.
Robert K. Impson
Attachments
cc: Chairman, Comanche Nation
Superintendent, Anadarko Agency
Deputy Regional Director
RD's file copies
Subject/chrony
SCHANEY 3/8/02
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