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Susanville Indian Rancheria Constitution and Bylaws

Constitution: 2005; Bylaws: 2002

PREAMBLE

We, the adult Indian members of the Susanville Indian Rancheria in Lassen County, California, in order to reaffirm our sovereign tribal government, to protect our tribal customs, and to promote our common welfare, do hereby ordain and establish this Constitution, which will supersede the Constitution and By-Laws approved June 18,2001.

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ARTICLE I - TERRITORY

The jurisdiction of the Susanville Indian Rancheria shall extend to all lands now within its present boundaries, and to all future lands, which may be acquired and placed in trust for the benefit of the tribe.

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ARTICLE II - MEMBERSHIP

Section 1

The membership shall consist of the following:

  1. Persons of not less than one-fourth (1/4) degree California Indian blood who have held valid assignments on the Susanville Indian Rancheria as of the effective date of the Susanville Indian Rancheria Assignment Ordinance, dated July 17, 1969 and persons who hereafter acquired valid assignments in accordance with the assignment ordinance, as provided in Article V, Section 1, and their spouses (of present and future assignees) of not less than one-fourth (114) degree California Indian blood, or;
  2. Persons of not less than one-fourth (1/4) degree California Indian blood and who are from the Paiute, Pit River, Maidu and Washo people from Lassen County based on the Bureau of Indian Affairs 1928 California Indian Census Roll and/or the Department of Interior's "Greenville Indian Agency, Register of Applications, Allotments, Susanville, California, Land District" document, and/or other Allotment Acts thereafter or;
  3. Persons listed on the Base Roll of the Susanville Indian Rancheria approved by the Tribal Business Council on November 2, 2004, which list 466 tribal members living or deceased or;
  4. Persons who are lineal descendants of individuals in subsection "a," "b," or "c" above.

Section 2

Persons who meet the requirements of Section I (a), (b), (c), or (d) of this Article, but who have been allotted on another reservation, or are officially enrolled with or are recognized members of some other federally recognized tribe or band shall not be eligible for membership on the Susanville Indian Rancheria. A person may receive benefits through inheritance without jeopardizing membership status on the Susanville Indian Rancheria.

Section 3

The official membership roll shall be prepared in accordance with the rules and regulations prescribed in an ordinance adopted by the General Council and such ordinance shall become effective upon approval by the Secretary of the Interior. Such ordinance shall contain, among other things, provisions for an initial roll, enrollment committee, a requirement to complete an application form in order to be considered for enrollment, provisions for approval and disapproval of applications, rejection notices, appeals, and provisions for keeping the roll on a current basis.

Section 4

Admission to membership through adoption shall be governed in accordance with an ordinance enacted by the governing body, such ordinance to become effective upon approval by the Secretary of the Interior.

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ARTICLE III - GOVERNING BODY

Section 1 - General Council

The governing body of the Susanville Indian Rancheria shall be the General Council, which shall consist of all members 18 years or older. Each member of the General Council who is enrolled in the Susanville Indian Rancheria and who is eighteen (18) years or older, regardless of residence, is qualified and has the right to vote at all elections conducted on the Rancheria. Election voting rights of the General membership cannot be removed, suspended, or revoked for any reason.

The General Council shall meet quarterly on the first Saturday in November, and thereafter on the first Saturday in February, May, and August. Special meetings of the General Council may be called by the Chairperson and shall be called by him/her upon receipt of a petition signed by at least thirtypercent (30%) of the voting members of the General Council. A quorum of the General Council shall consist of thirty-percent (30%) of its voting members.

Once a quorum has been established, Roberts Rules of Order shall apply in the continued presence of a quorum. When a quorum of the General Council has been established and remains a quorum, the meeting will proceed with all business conducted until all agenda items have been completed and the meeting adjourned. No business shall be conducted in the absence of a quorum.

Section 2 - Elections

The General Council shall elect from its membership by secret ballot, a Tribal Business Council consisting of a Chairperson, Vice-Chairperson, a Secretary/Treasurer and four (4) council members [one (1) from District 1, one (1) from District 2, and two (2) at-large, with one representative from any tribal trust property and one representative from Lassen County] for a total of seven (7) elected Tribal Business Council members.

  1. Election Ordinance - An election ordinance shall be adopted by the General Council within 180 days following the effective date of this constitution. Such ordinance shall include, but not be limited to, the following provisions: secret balloting; nominations and screening of prospective candidates; maintenance of current list of qualified voters; a procedure for resolving election disputes, and the establishment of an Election Board having responsibility to ensure that elections are conducted objectively and fairly. Provisions shall also be included for the conduct of recall and referendum elections and uniform procedures for submitting petitions and shall describe how such petitions are to be determined valid.
  2. Qualifications of Candidates - Any member with a high school degree or the equivalent of such and is 21 years or older, who has resided at least one year prior to an election, within the limits of Lassen County, California is eligible to be nominated, elected, and hold office. No person who has been convicted of a felony shall be eligible to hold office on the Tribal Business Council.
  3. Nominations - The time, place and manner of nominations shall be specified in the "Election Ordinance."
  4. Terms of Office - The Tribal Business Council elections shall be conducted annually on the first Saturday of November to fill those Tribal Business Council positions which have expired. Currently the terms for the Chairperson, ViceChairperson and SecretaryITreasurer expire in 2006, the terms for one representative from District 1 and one representative from District 2 expire in 2004, and the terms for two representatives-at-Iarge 2005. All terms will be for three years. One of the two representatives-at-Iarge must live on tribal trust property. Members of the Tribal Business Council shall remain in office until their successors are duly elected and installed.
  5. Secret Ballot - All elections of the Tribal Business Council shall be by secret ballot bearing the name of each candidate and the office he/she seeks. Each candidate may run for only one office. When requested, absentee ballots shall be furnished to tribal members who are unable to attend the election, in ample time prior to the election, to allow for receipt into the tribal office by noon on election day. The candidate receiving the highest number of votes for their respective office shall be declared elected. In case any election results in a tie vote, a run-off election shall be conducted within forty-five (45) days.
  6. Election Board - Except as provided in Article IV, all elections shall be conducted by a five (5) member Election Board, who shall be appointed by the Tribal Business Council at the quarterly meeting held in September of each year. This board shall be separate from control of the Tribal Business Council.
  7. Tribal Business Council Meeting - Regular meetings of the Tribal Business Council shall be held monthly, on a day set by the Tribal Business Council. Special meetings may be called by written notice from the Chairperson, and he/she shall call a meeting upon receipt of a petition signed by at least five (5) members of the Tribal Business Council, and when so called, the Tribal Business Council shall have the power to transact business as in a regular meeting. No meeting will be conducted without a quorum of five (5) present. All meetings shall be open to tribal members, with the exception wherein personal, personnel or confidential matters are discussed. Matters of this type will be discussed in an executive session of the Tribal Business Council.

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ARTICLE IV - VACANCIES, RECALL, AND REMOVAL

Section 1 - Vacancies

Any office which has been vacated whether it be by death, resignation, removal, recall or forfeiture, shall be filled by the Tribal Business Council at its next meeting where at least five Council members are present and such replacement shall serve the unexpired term of office unless the unexpired term is for six (6) months or more, in which case it shall be filled by a special election of the General Council called by the Election Board within forty-five (45) days.

Section 2 - Recall

Upon receipt of a petition which is signed by at least 30% of the qualified voters for the recall of an elected official(s), the Tribal Business Council shall call for and hold a meeting within seven (7) days to review and declare the petition valid and the Tribal Business Council shall, within thirty forty-five (45), call for and hold a General Council Meeting to vote on the recall. The official(s) being recalled will remain in office until a final decision is made. The official(s) being recalled will have the right to appear before the General Council whereupon, the General Council hearing verbal and written documentation, a secret ballot vote shall be taken to recall or not to recall the official(s). A majority vote, (51% of those voting), of the General Council is final. After due notice, it shall be the responsibility and duty of the General Council, through its elected officials and the election board to immediately declare any position(s) vacant and shall promptly fill such vacancy(ies) in accordance with this Article IV.

  1. The Recall petition must state the grounds for recall. Grounds for recall of a Tribal Business Council member are conviction of a felony or of a crime involving moral turpitude (conduct that is regarded as immoral or depraved), or of a crime against the Tribe (or against its agents or employees while serving in their official capacity); fraud; gross negligence; dereliction of duties; or misuse of Tribal funds.
  2. Before any vote for recall is taken, such member or official shall be given a written statement of the charges against him/her at least thirty (30) days before the meeting of the General Council at which he/she is to appear and he/she shall be given an opportunity to answer any and all charges at the designated council meeting.

Section 3 - Removal

Any member of the Tribal Business Council of the Susanville Indian Rancheria, who during the term for which he/she is elected, is convicted of a felony in any federal or state court shall automatically forfeit his/her office effective on the date of his/her initial conviction in a court of competent jurisdiction. Any members of the Tribal Business Council found guilty by the Tribal Business Council of behavior involving gross misconduct reflecting on the dignity and integrity of the tribal government and its members, gross neglect of duty or malfeasance in office shall be suspended if at least five (5) members of the Tribal Business Council vote in favor of such suspension. The accused shall be given a written statement of the evidence against him/her at least forty-five (45) days before a meeting ofthe General Council, at which he/she is to appear and he/she shall be given the opportunity to answer any and all charges. Individual(s) being charged shall have a right to counsel. All charges and evidence shall be brought before the General Council for their action. A majority decision (51% of those voting) of the General Council to remove shall be final. No member of the Tribal Business Council shall preside over the meeting at which his/her removal is being considered.

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ARTICLE V - INITIATIVE AND REFERENDUM

Section 1 - Initiative.

The eligible voters of the Rancheria reserve the right to independently propose and enact legislative measures that will be binding on the Tribal Business Council and the Rancheria. Upon receipt of a valid petition signed by at least thirty percent (30%) of the qualified voters, it shall be the duty of the Tribal Business Council to call and conduct an initiative election for the purpose of allowing members to vote on the initiative measure within sixty (60) days. The decision of the majority, (51% of the voters), shall be binding on the Rancheria provided thirty percent (30%) of the qualified voters voted.

Section 2 - Referendum.

Upon presentation to the Tribal Business Council of a petition signed by thirty percent (30%) of the qualified voters, the Tribal Business Council shall either: (1) adopt the provisions of the petition by ordinance, resolution or other appropriate action, or (2) provide that the issue presented by the petition be voted on within sixty (60) days at a regular or special election. The Tribal Business Council shall abide by the vote of the majority, (51 %), of the voters in any such election provided thirty percent (30%) of the qualified voters voted.

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ARTICLE VI - POWER OF THE GENERAL COUNCIL AND THE TRIBAL BUSINESS COUNCIL

Section 1

The General Council shall have the powers and the responsibilities hereinafter provided, subject to any limitation imposed upon such powers by the Statutes of the United State of America. The following powers shall be exclusively reserved to the General Council. No exercise of these powers by the Tribal Business Councilor by any other agency or office of the tribe shall be effective unless the General Council by a two-thirds (2/3) vote of the qualified voters has given its specific consent to such action for a designated time period.

  1. To elect tribal officers;
  2. To initiate an initiative, referendum and recall;
  3. To initiate the sale or relinquishment of land owned by the tribe or land held in trust for the tribe by the United States of America.
  4. To waive the tribe's sovereign immunity from suit.
  5. To establish rules of procedure for the conduct of its affairs.
  6. To establish rules and regulations governing assignments, land leasing, and acquired Rancheria land;
  7. To prescribe rules and regulations governing loss of membership.
  8. To enjoy equal political rights and the opportunity to participate in tribal government, tribal economic resources, tribal assets, and all rights conferred upon a tribal member;
  9. To protect all tribal members from any action that would restrict or limit any tribal religious or traditional practices;
  10. To protect all tribal members as set forth in Title nofthe Indian Civil Rights Act, 25 USC SECTION 1301 et seq. of April 11, 1968.

Section 2

The Tribal Business Council shall have the following powers, to be exercised consistent with Federal law, this constitution, and the applicable laws of the Susanville Indian Rancheria:

  1. To consult, negotiate, contract or conclude agreements with Federal, state, local and tribal governments and with private persons and organizations;
  2. To employ legal counsel, the choice of counsel and fixing of fees;
  3. To borrow money from public and private sources;
  4. To set aside and to spend tribal funds for tribal purposes;
  5. To levy and collect dues and fees consistent with Federal law upon any and all business activities located or conducted within tribal jurisdiction;
  6. To regulate by ordinance, the use and development of all tribal lands, whether assigned or unassigned, and to manage, lease or otherwise use all unassigned tribal lands in accordance with applicable Federal law;
  7. To charter and regulate corporations, cooperatives, associations, special districts, housing authorities, educational and charitable institutions, political subdivisions and entities;
  8. To license and regulate the conduct of all business activities within tribal jurisdiction;
  9. To establish enterprises as branches or agencies of the tribal government and otherwise to engage in business activities and projects which promote the economic well-being of the tribe and its members;
  10. To purchase and to acquire land and other property with approval from the General Council with a majority vote of at least thirty-percent (30%) through a ballot measure or a ballot at a General Council meeting;
  11. To manage, develop, protect and regulate the use of water, minerals and all other natural resources within tribal jurisdiction;
  12. To enact laws and codes governing conduct of individuals and proscribing offenses against the tribe; to maintain order to protect the safety and welfare of all persons within tribal jurisdiction; and provide for the enforcement of the laws and codes of the tribe in accordance with applicable laws;
  13. To establish tribal courts and administrative tribunals from time to time as may be required, and provide for the court or courts, jurisdiction, procedures and method for the selection of judges;
  14. To prescribe conditions under which non-members other than agents of Federal, state or local governments may enter and remain on the Rancheria and to establish procedures for the exclusion of non-members from any land within the tribe's jurisdiction;
  15. To appoint, direct, establish policies and procedures, and set the compensation of the tribal business administrator or manager and other tribal employees and to establish policies and procedures for the employment of tribal personnel; and
  16. To provide General Council with an annual audit of all financial activity for the prior year and a strategic plan report with short and long range goals.

Section 3

Any rights and powers heretofore vested in the Susanville Indian Rancheria not expressly referred to in this article shall not be lost by reason of their omission but may be exercised with the adoption of appropriate by-laws or amendments.

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ARTICLE VII - AMENDMENTS

Amendments to this Constitution may be proposed by a majority vote of members of the Susanville Indian Rancheria but elections on such amendments must be conducted in accordance with the Secretary of the Interior's regulations pertaining to elections of groups organized under section 16 of the Indian Reorganization Act approved June 18, 1934 (48 Stat. 984), as amended.

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CERTIFICATE OF APPROVAL

The Constitution of the Susanville Indian Rancheria, Lassen County, California, which was adopted by the qualified voters of the Rancheria on May 16,2005, is hereby approved pursuant to the authority delegated to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended and delegated to the Deputy Commissioner of Indian Affairs by 230 D.M. 2.4 and redelagated to me by Memorandum of Agreement dated August 16, 1994.

/s/

Regional Director

7/13/05
Date


United States Department of the Interior

BUREAU OF INDIAN AFFAIRS
Northern California Agency
1900 Chum Creek Road, Suite 300
Redding, California 96002-0292

Amended Constitution of the Susanville Indian Rancheria

Certificate of Results of Election

Pursuant to an election authorized by the Regional Director, Pacific Region, Bureau of Indian Affairs, on February 18, 2005, the enclosed Amended Constitution of the Susanville Indian Rancheria, was submitted to the qualified voters of the Tribe and was on, May 16, 2005, adopted by a vote of 107 "for" and 58 "against", and 3 cast ballots found to be spoiled or mutilated, in an election in which at least thirty percent (30%) of the entitled to vote cast their votes; in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934, (48 Stat. 984), as amended by the Act of June 15, 1935, (49 Stat. 378).

Date: 5/18/05

/s/

Chairman, Election Board

/s/

Election Board Member

/s/

Election Board Member


United States Department of the Interior

BUREAU OF INDIAN AFFAIRS
Pacific Regional Office
2800 Cottage Way
Sacramento, California 95825

Dr. Virgil Akins, Superintendent
Bureau of Indian Affairs
Northern California Agency
1900 Churn Creek, Suite 300
Redding, CA 96002-0292

Dear Dr. Akins:

We have reviewed the formal results of the Secretarial Election held on May 16,2005, involving the Susanville Indian Rancheria. The election was conducted according to our authorization issued on February 18,2005, pursuant to Title 25 of the Code of Federal Regulations, Part 81. The purpose of the election was for the qualified voters to vote on the proposed revised Constitution of the Susanville Indian Rancheria.

As evidenced by the Certificate of Results of Election, signed by the Election Board Members, the proposed revision ofthe Constitution, by a vote of 107 "for" and 58 "against," and 1 cast ballots found to be spoiled or mutilated, was adopted by the voters of the Rancheria. Therefore, the proposed Constitution of the Susanville Indian Rancheria, Lassen County, California, is approved pursuant to the authority of the Secretary redelegated to me by Memorandum of Agreement dated August 16, 1994.

By separate cover letter, please return the following to the Rancheria:

  1. The original February 18, 2005, authorization letter
  2. The original of this approval letter.
  3. The original completed Certificate of Results of Election
  4. The final proposed revised Constitution
  5. The original Certificate of Approval
  6. Copies of any other documents that would be appropriate for the Rancheria to retain that relate to the Secretarial Election

Returned herewith are the documents submitted with your June 27, 2005, memorandum. If you have any questions, please contact, Heather Wilkinson, Regional Tribal Operations Specialist, at (916) 978-6063, or Fred Doka Jr., Regional Tribal Operations Officer, at (916) 978-6067

Sincerely,

/s/
Regional Director

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United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

Pacific Regional Office
2800 Cottage Way
Sacramento. California 95825

Dr. Virgil Akins, Superintendent
Bureau of Indian Affairs
Northern California Agency
1900 Chum Creek Road, Suite 300
Redding, CA 96002-0292

Dear Dr. Akins:

This is an addendum to the approval letter dated July 13,2005, regarding the Susanville Indian Rancheria's Secretarial Election of May 16,2005. The July 13,2005, letter did not address the challenges that were filed pursuant to 25 CFR § 81.22, Contesting of Election Results.

After a review of the documents provided regarding the challenges filed by several tribal members, I concur with your findings they lack substantiation. The actions taken in conducting the Secretarial election for the Susanville Indian Rancheria were in accordance with 25 CFR 81.

This addendum shall be attached and made part of the approval letter dated July 13, 2005. Should you have any further questions regarding this matter, please contact Heather Wilkinson, Regional Tribal Operations Specialist, at (916) 978-6063, or Fred Doka Jr., at (916) 978-6067 or at the address above.

Sincerely,

/s/

Acting Regional Director

cc: Stacy Dixon, Chairman, Susanville Rancheria

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BYLAWS

Preamble

We, the People of the Susanville Indian Rancheria in Lassen County, California, in order to establish a reservation organization, to protect our tribal customs, and to promote our common welfare, do hereby ordain and adopt these Bylaws, which are subject to the provisions of the Susanville Indian Rancheria (SIR) Constitution adopted on May 22, 2001 and approved by the official representative of the Secretary of the Interior on June 18, 2001.

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Article I - Rights of Members

Section 1 - Civil Rights

Subject to the limitations imposed by the constitution, all members of the tribe shall enjoy equal political rights and opportunities to participate in the tribal government, tribal economic resources, tribal assets, and all the rights that are conferred upon a tribal citizen, and no member shall be denied freedom of speech, religion, the right to peaceful assembly, or other rights guaranteed by applicable federal law, nor shall any member be denied the right to petition the Tribal Business Council, General Council, or the tribal courts for redress of grievances against the tribe, or otherwise be deprived of life, liberty or property without notice and an opportunity to be heard. The Susanville Indian Rancheria (SIR) in exercising its powers of self-government shall guarantee to all persons the protections set forth in Title II of the Indian Civil Rights Act of April 1 1, 196S 82 Stat.77).

Section 2 - Right to Review

Tribal members shall have the right to review tribal and financial records except those records that are protected under the federal and state privacy and confidentiality laws and regulations, at any reasonable time in accordance with procedures established by the Tribal Business Council.

Section 3 Petitions

Tribal members have the right to submit to the Tribal Business Council any petition under the guidelines afforded to them in accordance to the tribe's Constitution under Article V. A tribal member may start a petition for any matter that they deem relevant by using the following procedures.

  1. An initiative petition, which proposes a change in legislation.
  2. A referendum petition, which introduces a proposed public measure or statute to a direct popular vote.
  3. A recall petition, which recalls a particular official or officials from the office they currently hold.

The Tribal Business Council, upon receipt of a petition, will direct the secretary/treasurer and a quorum of the Election Committee to verify that the signatures on the petition are valid. This will be accomplished within three days of notification from the Tribal Business Council.

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Article II - General Council

The General Council shall have the powers and responsibilities according to the SIR Constitution, Article VI, Section 1.

Section 1 - Rules of Conduct

The General Council shall abide by the following "Rules of Conduct" in order to promote tribal members the equal right and opportunity to participate in the tribal government:

  1. The General Council meeting shall be a place for disseminating tribal information, sharing of ideas, and conducting governmental affairs. Tribal members who choose to express personal issues or concerns need to present them at a Tribal Business Council meeting;
  2. Tribal members will be respectful and courteous to other tribal members by allowing a tribal member to express their right to free exchange. A time limit may be enforced by the Tribal Business Council should the need arise due to time constraints or in a situation deemed precarious;
  3. The General Council will acknowledge the responsibility for employing and terminating employees to the Tribal Business Council according to the Tribal Personnel Policies and not at the General Council level;
  4. The General Council agendas shall be mailed two (2) weeks prior to a scheduled meeting to provide tribal members an equal opportunity to participate. Request for specific agenda items to be placed on the agenda need to be submitted, in writing, prior to the two (2) week mailing;
  5. Any tribal member may address the General Council during a General Council meeting on any subject not on the agenda, however, any matter that requires action shall be tabled for research and placed as an action item at the next General Council meeting.
  6. The Tribal Business Council will make provisions to provide the cameras, video cameras, tape recorders and other devices that will be used to record meetings upon a written request by a tribal member. All recorded documents are the property of the tribe. Any tribal members may submit a written request to review a recording at the tribal office. Tribal minutes are designated as the only ''official'' record of the meetings.
  7. Any person displaying acts of misconduct at any meetings shall, upon the majority vote of the General Council, be ejected from the meeting. Acts of misconduct are those actions which stifle the free exchange of ideas, such as, but not limited to, threat, intimidations, name-calling, assault, fighting or challenging to fight, lewd or suggestive language, or disrespect any tribal member.

Section 2 - Reservation of Powers

The following powers shall be exclusively reserved to the General Council. No exercise of these powers by the Tribal Business Council or by any other agency or office of the tribe shall be effective unless the General Council has voiced its consent to such action of a decision of the majority (51% of the eligible voters) of those voting of eligible members at a General Council meeting.

  1. The power to sell or relinquish land owned by the tribe or land held in trust for the tribe by the United States of America;
  2. The power to terminate the Susanville Indian Rancheria;
  3. The power to sell or relinquish any tribal hunting or fishing rights; and
  4. The power to waive the tribe's sovereign immunity from suit.

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Article III - Tribal Business Council

The Tribal Business Council shall have the powers and responsibilities according to the SIR Constitution, Article III, VI, V, and VI.

Section 1 - Tribal Business Council Operations

  1. Tribal Business Council Membership - The Tribal Business Council shall consist of a chairperson, vice-chairperson, secretary/treasurer, and four (4) other council persons elected by a secret ballot by the General Council with the exceptions as provided in Article IV in the SIR Constitution.
  2. Tribal Business Council Meetings - Regular meetings of the Tribal Business Council shall be held at least monthly, on a day set by the Tribal Business Council.
  3. Special meetings may be called by written notice from the chairperson with at least a 24-hour written notice to all Tribal Council members. The notice shall contain the purpose, place, and time of the special meeting which shall be posted at the Tribal Office.
  4. Emergency meetings may be called by the chairperson with the consent of at least four (4) members of the Tribal Business Council.
  5. The chairperson shall call a meeting upon receipt of a petition signed by at least four (4) members of the Tribal Business Council, and when so called, the Tribal Business Council shall have the power to transact business as in a regular meeting.
  6. Quorum - No meeting will be conducted without a quorum of four (4) present. All meetings shall be open to tribal members with the exception wherein personal, personnel or confidential matters are discussed. Matters of this type will be discussed in an executive session of the Tribal Business Council.
  7. Executive Session - Executive session is a closed session of a quorum of the Tribal Business Council. The purpose of all executive session meetings shall be listed on the Tribal Business Council's agenda. When the Tribal Business Council comes out of a closed session, the results and/or actions from the closed session shall be reported immediately, which will be recorded in the minutes.
  8. Removal/Suspension at Tribal Business Council - Any member of the Tribal Business Council, when being accused of behavior involving misconduct reflecting on the dignity and integrity of the tribal government and its members or malfeasance, shall be afforded due process which will include a written notice stating the reason for the suspension and the place, date, and time of the meeting. The accused Tribal Business Council member has the right to request an open forum. The accused Tribal Business Council member shall retain all authority and responsibilities as a Tribal Council member until at least (4) members of the Tribal Business Council vote in favor of such suspension.
  9. Proxy Votes - No proxy votes are allowed.
  10. Voting - Each member of the Tribal Business Council, including the chairperson, shall have one (1) vote on all matters. All matters to be acted on at a Tribal Business Council meeting shall be approved or disapproved by a majority vote of those present and voting, unless provided to the contrary in the SIR Constitution. All votes will be recorded in the minutes to reflect each Tribal Business Council member's vote.
  11. Statutes, Codes and Resolutions - Copies of all statutes, codes, resolutions or ordinances adopted by the Tribal Business Council, its committees and subcommittees shall be maintained at the tribal office and shall be available for inspection upon reasonable notice, to all enrolled members of the tribe.
  12. Procedures - All meetings of the Tribal Business Council shall be conducted in accordance with Robert's Rules of Order except those procedures that are in conflict with the SIR Constitution.
    1. Any tribal member or non-tribal member requesting to be placed on the Tribal Business Council agenda, must submit with a signature, in writing or by fax, the topic they wish to address to the Tribal Business Council three (3) working days prior to any regularly scheduled Tribal Business Council meeting.
    2. Any tribal member may address the Tribal Business Council during a Tribal Business Council meeting on any subject not on the agenda; however, any matter that requires action will be deferred to next regular meeting.
  13. The order of business at any regular or special meeting of the Tribal Business Council shall be as follows:
    1. Call to Order
    2. Roll Call
    3. Review and approval of the Agenda
    4. Reading of the Minutes of the last meeting for approval
    5. Reports
    6. Unfinished Business
    7. Action Items
    8. Discussion Items
    9. Closed Business Items
    10. Adjournment

Section 2 - Tribal Business Councils Powers and Responsibilities

The Tribal Business Council shall have the powers and responsibilities according to the SIR Constitution, Article VI, Section 2. In addition, the Tribal Business Council shall abide by the following rules:

  1. The Tribal Business Council shall have the general responsibility of preserving, protecting and guaranteeing tribal rights and property. To enact legislation, ordinances, resolutions, code rules and regulations necessary or incidental to the exercise of any of the Tribal Business Council powers or duties as long as they are consistent with the Susanville Indian Rancheria Constitution;
  2. To appropriate and authorize the expenditure of funds owned by or available to the Tribe;
  3. To exercise general supervision over all tribal operated programs and businesses, including delegation of authority and employment of such help as may be deemed necessary;
  4. To establish committees necessary governmental purpose;
  5. To charter, administer and regulate the affairs of tribal or non-tribal enterprises, corporations, associations, businesses and other entities of all kinds within tribal territory;
  6. To accept gifts on behalf of the tribe;
  7. To promulgate policies that affect elected tribal officials' paid and unpaid tribal employees' use, possession or sale of illegal drugs, and the unlawful use of abuse of legal drugs and controlled substances by such officials and employees;
  8. To promulgate policies that affect elected tribal officials' paid and unpaid tribal employees in situations of conflict of interest.
  9. To act as the Enrollment Committee;
  10. To exclude and/or expel from tribal affairs and/or tribal territory any person and/or entity for appropriate just cause;
  11. To fix and prescribe wages, salaries, allowances and other reimbursements, if any, for all appointed officials and employees of the tribe;
  12. To fix and prescribe wages, salaries, allowances and other reimbursements, if any, for all elected officials of the tribe, except that no such action will be taken without at least thirty (30) days notice that the matter will be on the Tribal Business Council agenda.

Section 3 - Duties of Officers

All Tribal Business Council Officers will uphold the following rules:

  1. Chairperson - The chairperson shall exercise the following powers as the chief executive officer of the tribe:
    1. Preside over at all meetings of the Tribal Business Council and General Council;
    2. Faithfully implement and enforce the legislative enactments and policies of the SIR;
    3. Vote at all meetings of the Tribal Business Council;
    4. Act as the principal spokesperson and representative for the SIR in its dealings with all other governmental and non-governmental entities;
    5. Subject to the approval of the Tribal Business Council, appoint all non-elected officials and employees of the tribal government and direct them in their work, subject only to applicable restrictions embodied in the SIR Constitution or in enactments of the Tribal Business Council establishing personnel policies or government personnel management;
    6. Subject to the approval of the Tribal Business Council, establish such boards, committees, or subcommittees as the business of the Tribal Business Council may require, and to serve as an ex-officio member of all such committees and boards;
    7. Subject to the approval of all contacts by the Tribal Business Council, serve as a contracting officer or agent for the tribe, including authority to retain legal boards;
    8. Take such actions, including removal and/or barring of persons from tribal lands, as may be necessary to safeguard the health and/or safety of the SIR or its natural resources from imminent danger pending action by the Tribal Business Council, provided, however, that the chairperson first shall have attempted to convene a special meeting of the Tribal Business Council on the issue. If such emergency action was not preceded by a meeting of the Tribal Business Council authorizing such action, the tribal chairperson shall, within forty-eight (48) hours after taking such action, convene a special meeting of the Tribal Business Council at which the only item of business shall be responding to the emergency. If the Tribal Business Council declines to ratify the chairperson's emergency action, or If no meeting is held within the time allowed, therefore, said action shall cease to have any enforcement or effect;
    9. Call special meetings of the Tribal Business Council as provide in the SIR Constitution;
    10. Prepare and present to the Tribal Business Council for approval, no later than one hundred and twenty (120) days prior to the beginning of each fiscal year, a proposed annual tribal financial plan that sets forth in detail the then current assets of the SIR, the sources and amounts of all anticipated tribal revenues for the year, and a tribal budget for said year;
    11. The chairperson shall not hold any other position on the Tribal Business Council;
    12. The chairperson will disclose any remunerative employment which may pose a conflict of interest with the tribe's enterprises or business activities during his/her term of office and shall be excluded from participating on any action pertaining to that employment; and
    13. Faithfully implement and enforce the legislative enactments and policies of the SIR. The chairperson shall uphold the majority decisions of the General Council and the Tribal Business Council regardless of personal objections.
  2. Vice-Chairperson - The vice-chairperson shall, in the absence of the chairperson, perform all duties and assume all the responsibilities vested in the chairperson and shall abide by the following:
    1. Preside over meetings of the Tribal Business Council or General Council in the absence of the chairperson;
    2. Vote at all meetings of the Tribal Business Council;
    3. Upon the request of the chairperson, assist in carrying out the duties of the chairperson;
    4. Act in place of the chairperson as the spokesperson or representative of the SIR upon written delegation by the chairperson or the Tribal Business Council;
    5. Perform other duties as the chairperson may direct;
    6. Become the contracting officer or agent for the tribe, subject to the approval of all contacts by the Tribal Business Council, when the chairperson refuses;
    7. The vice-chairperson shall not hold any other position on the Tribal Business Council;
      The vice-chairperson will disclose any remunerative employment which may pose a conflict of interest with the tribe's enterprises or business activities during his/her term of office and shall be excluded from participating on any action pertaining to that employment; and
    8. Faithfully implement and enforce the legislative enactments and policies of the SIR. To uphold the majority decisions of the General Council and Tribal Business Council regardless of personal objections.
  3. Secretary/Treasurer - The secretary/treasurer shall have the following powers and duties:
    1. Call the roll, handle all official correspondence of the Tribal Business Council;
    2. Make sure that the agenda for the scheduled Tribal Business Council and General Council meeting is prepared;
    3. Vote at all meetings of the Tribal Business Council;
    4. Faithfully prepare, record or cause to be recorded, and keep the minutes of the regular and special meetings of the Tribal Business Council and General Council. The Tribal Business Council may appoint a recording secretary to assist the secretary in recording Tribal Business Council and General Council meeting minutes and enactments;
    5. Certify and maintain custody of all resolutions, legislative enactments, and other official actions of the SIR and Tribal Business Council at the tribal office;
    6. Accept, receipt for, keep, and safeguard all funds under the exclusive control of the tribe by depositing them in the bank insured by the agency of the Federal Government, or in any appropriate account or tribal trust account within the Bureau of Indian affairs, as directed by the Tribal Business Council and shall keep or cause to be kept an accurate record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in his or her custody to the Tribal Business Council at regular meetings and such other times as requested. The secretary/treasurer shall not pay or otherwise disburse any funds in the custody of the Tribal Business Council except when properly authorized to do so by the Tribal Business Council;
    7. Have the books and records audited at least once a year by a competent auditor employed by the Tribal Business Council, and at such other times as the General Council may direct;
    8. The secretary/treasurer may be required to give a security bond satisfactory to the Tribal Business Council;
    9. Unless unavailable due to vacation, training or sickness, all checks drawn on tribal funds shall be signed and all vouchers shall be approved for payment by the secretary/treasurer and at least one officer or designated check signer of the tribe in accordance with a written fiscal manual setting forth a procedure approved and adopted by the Tribal Business Council by resolution;
    10. Perform other duties as the chairperson may direct;
    11. The secretary/treasurer shall not hold any other position on the Tribal Business Council;
    12. The secretary/treasure will disclose any remunerative employment which may pose a conflict of interest with the tribe's enterprises or business activities during his/her term of office and shall be excluded from participating on any action pertaining to that employment; and
    13. Faithfully implement and enforce the legislative enactments and policies of the SIR. To uphold the majority decisions of the General Council and Tribal Business Council regardless of personal objections.
  4. Tribal Council Members At Large - The Tribal Council Members At Large shall have the following powers and duties:
    1. Vote at all meetings of the Tribal Business Council;
    2. Perform other duties as the chairperson may direct;
    3. The Tribal Council Members At Large shall not hold any other position on the Tribal Business Council;
    4. The Tribal Council Members At Large will disclose any remunerative employment which may pose a conflict of interest with the tribe's enterprises or business activities during his/her term of office and shall be excluded from participating on any action pertaining to that employment; and
    5. Faithfully implement and enforce the legislative enactments and policies of the SIR. To uphold the majority decisions of the General Council and Tribal Business Council regardless of personal objections.

Section 4 - Tribal Business Councils Code of Conduct

The Tribal Business Council members will conduct themselves, in order to protect and promote integrity and to enhance the ability of the SIR to achieve its objectives, in a manner consistent with its mission and values and all applicable laws and regulations. All Tribal Business Council members shall:

  1. While doing business on behalf of the SIR, conduct all activities in a honest, ethical, and a professional manner in compliance with all applicable federal, state and tribal laws and regulations. Tribal Business Council members will not knowingly engage in any business activity that is believed to be unethical or illegal;
  2. Respect the privacy of tribal information and shall not reveal information unless authorized to do so;
  3. Practice good faith in all transactions occurring during the course of business;
  4. Guard against any conflicts of interest, real or perceived, and/or the appearance of impropriety. Tribal Business Council members will disclose any conflict of interest or potential conflict of interest to the Tribal Business Council. A conflict of interest is defined as any situation under which a Tribal Business Council member is able to use their access to information from their position for private gain or personal benefit for themselves, family, or anyone with social or business ties. Personal benefit means a gift, gratuity, favor, services, compensation in any form, discount, special treatment, or anything of monetary value. Tribal Business Council members will disclose any financial interests or affiliations that they have individually or through their immediate family members with any outside entities that create such conflict through providing the information required;
  5. Abstain from personnel and/or conflict of interest actions regarding members of their immediate families. The immediate family shall include the following:
Husband Father-in-Law Mother-in-Law
Wife Brother-in-Law Sister-in-Law
Son Son-in-Law Daughter-in-Law
Daughter Step-children Person-Living-in same dwelling
Mother Father Sister/Brother
  1. Commit to providing an environment that is free of discrimination, harassment, violence, and intimidation and that is drug free, as required by law. The Tribal Business Council shall not tolerate any form of threatening or abusive behavior, nor tolerated sexual harassment or other forms of harassment or discrimination; and
  2. Provide open communication channels to allow tribal members and SIR employees to pursue compliance or ethical questions without fear of retaliation and to protect them from any form of retaliation.

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Article IV - Amendment to Bylaws

Tribal members and the Tribal Business Council members have the right to propose amendments.

  1. Amendments to these bylaws may be amended by any tribal member using the initiative process or by a two-thirds (2/3) vote of the Tribal Business Council;
  2. All proposed amendments shall be sent, in writing, to all tribal members at least thirty (30) days before they are to be voted on;
  3. These bylaws may be amended by majority vote of those voting members of the SIR after proper notification;
  4. The final adoption of amendments to or revisions of these bylaws shall be contingent upon the approval of the General Council;
  5. When an amendment is adopted to the SIR Bylaws, the amended Bylaws shall become effective immediately.

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CERTIFICATION

We, the undersigned as duly elected officials of the Susanville Indian Rancheria, do hereby certify that the foregoing Bylaws were enacted by the qualified members of the Susanville Indian Rancheria General Council, in which a referendum ballot was conducted on August 5, 2002, by a Vote of 36 for, 10 against and 0 abstaining, and that these Bylaws have not been rescinded or amended in any way.

ATTEST;

/s/
Carolyn Shelley
Secretary/Treasurer

/s/
Valerie Edwards
Tribal Chairman

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