Constitution and By-laws of the Choctaw Nation of Oklahoma
Approved: 1983
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Constitution of the Choctaw Nation of Oklahoma
Approved: 1983
PREAMBLE
We, the members of the Choctaw Nation of Oklahoma, invoking the will and guidance of Almighty God in order to promote the general welfare, to insure tranquility and to secure to ourselves and our posterity the blessings of our ancestral heritage, culture and tribal sovereignty, do hereby ordain and establish this Constitution for the Choctaw Nation of Oklahoma.
ARTICLE I - NAME AND GEOGRAPHICAL AREA
Section
1. The name of this body shall be "The Choctaw Nation of
Oklahoma."
Sec. 2. Where in this Constitution the term "Choctaw Nation"
or "the Nation" is used to denote a geographical area, it
shall mean the following areas in the State of Oklahoma, to-wit: Beginning
at a point on the Arkansas River, 100 paces east of Old Fort Smith,
where the western boundary line of the State of Arkansas crosses the
said river, and running thence due south to Red River; thence up Red
River to the mouth of Island Bayou, where it empties into Red River,
about 26 miles on a straight line below the mouth of False Washita;
thence running a northwesterly course along the main channel of said
Bayou of the junction of the three prongs of said Bayou, nearest the
dividing ridge between Washita and Low Blue Rivers, as laid down on
Capt. R. L. Hunter's map; thence northerly along the eastern prong of
Island Bayou to its source; thence due north to the Canadian River;
thence down said River to it's junction with the Arkansas River; thence
down said River to the place of beginning as et forth in the Treaty
of June 22, 1855 (11 Stat. 611).
Section
1. The Choctaw nation of Oklahoma shall consist of all Choctaw
Indians by blood whose names appear on the final rolls of the Choctaw
Nation approved pursuant to Section 2 of the Act of April 26, 1906 (34
Stat. 136) and their lineal descendants.
Sec. 2. Except as hereinafter provided, any Choctaw by
blood who has elected or shall hereafter elect to become a member of
any other tribe of band of Indians may not be a member of this Nation.
Sec. 3. The Tribal Council shall have the power to adopt any
Choctaw by blood as a member of the Choctaw Nation who is or has become
a member of any other tribe or band of Indians and who applies for membership
in the Choctaw Nation; provided, the applicant denounces his membership
in such other tribe or band of Indians.
ARTICLE III - RIGHT OF SUFFRAGE
Section
1. All members eighteen (18) years of age and over shall be
deemed qualified electors under the authority of this Constitution;
provided, they are duly registered to vote.
Sec. 2. No enrolled member of another tribe or person who votes
as a citizen or member of another tribe shall be eligible to vote in
elections of the Choctaw Nation.
Sec. 3. In all tribal elections by the people, the vote shall
be by secret ballot. The Tribal Council shall provide the kind of ballot
to be used and make all such other regulations as may be necessary to
detect and punish fraud and preserve the purity of the ballot and shall
provide for the registration of electors.
Section
1. Nothing in this Constitution shall be interpreted in a way
which would diminish the rights and privileges that tribal members have
as citizens of this Nation, the State of Oklahoma, the United States
of America or under any Act of the Congress of the United States.
Sec. 2. No religious test shall ever be required as a qualification
to any office of public trust in this Nation.
Sec. 3. The right that every member has to speak, write
or publish his opinions on matters relating to the Choctaw Nation
shall never be abridged.
Sec. 4. The members shall have the right, in a peaceable manner,
to assemble together for their common good, and to apply to those vested
with powers of government for redress of grievances or other purposes
by address or remonstrance.
Sec. 5. The individually vested property rights of members of
the Choctaw Nation of Oklahoma shall not be affected in anyway whatsoever
by the provisions of this Constitution or any enactment of the Tribal
Council.
ARTICLE V - DIVISION OF THE POWERS OF
GOVERNMENT
Section
1. The powers of the government of the Choctaw Nation shall
be divided into three (3) distinct departments: Executive, Legislative
and Judicial. No person or collection of persons, being one of those
departments, shall exercise any power properly attached to either of
the others; provided, that the exercise of such powers shall be subject
to any limitations imposed by this Constitution and Federal Law.
Sec. 2. The officers of the Nation are to include all elective
officials, Assistant Chief and members of the Judicial Department.
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ARTICLE VI - EXECUTIVE DEPARTMENT
Section
1. The supreme executive power of this Nation shall be vested
in a chief magistrate, who shall be styled "The Chief of the Choctaw
Nation."
Sec. 2. There shall be an Assistant Chief who shall assist the
Chief and perform all duties as assigned to him by the Chief.
Sec. 3. Any member of the Choctaw Nation who is at least thirty
(30) years of age and who possesses no less than one-quarter (1/4) degree
of Choctaw Indian blood is eligible to become a candidate for the office
of Chief of Assistant Chief.
Sec. 4. The Chief and the Assistant Chief must have been residents
of the Choctaw Nation for two (2) years or more immediately preceding
any election for Chief and must remain residents of the Choctaw Nation
during the tenure of their office.
Sec. 5. No person who has been convicted of a felony by a court
of competent jurisdiction shall be eligible to hold any elective or
appointive office in the Choctaw Nation.
Sec. 6. The Chief shall be elected for a term of four (4) years
which shall commence at twelve (12) o'clock noon on the first Monday
in September of 1983 and thereafter the terms shall commence at twelve
(12) o'clock noon on the first Monday of September of every quadrennium
and shall serve until his successor has been elected and installed.
For the initial election of officers under this Constitution, if a runoff
election for the office of Chief shall be required the installation
will be on October 1, 1993.
Sec. 7. The Assistant Chief shall be appointed by the Chief
with the advice and consent of the Tribal Council and may be removed
at the discretion of the Chief.
ARTICLE VII - PRIVILEGES, DUTIES AND
POWERS OF EXECUTIVE DEPARTMENT
Section
1. The Chief shall perform all duties appertaining to the office
of Chief Executive. He shall sign official papers on behalf of
the Nation. He shall take care that the laws be faithfully executed.
Sec. 2. The Chief shall have power to establish and appoint
committees, members and delegates to represent the Choctaw Nation with
the advice and consent of the Tribal Council. All appointments requiring
confirmation shall be presented to the Council within thirty (30) days
of the appointment.
Sec. 3. The Chief shall fix and prescribe salaries and alliances
for all elected or appointed officials and employees of the Choctaw
Nation except the members of the Tribal Council and Tribal Court. Compensation
for elected or appointed officials shall not be increased nor diminished
during the term for which they are elected or appointed.
Sec. 4. The Chief shall have the power to veto any legislative
act, rule or regulation of the Tribal Council and must do so within
five (5) working days after passage.
Sec. 5. The Chief shall prepare an annual tribal budget for
the expenditure of all funds belonging to or administered by the Choctaw
Nation from whatever source derived which shall be submitted to the
Tribal Council The annual budget for tribal trust funds shall be submitted
to the Tribal Council at least thirty (30) days prior to the beginning
of the tribal fiscal year.
Sec.
6. The Chief shall manage, administer and direct the operation
of tribal programs, activities and services and report to the Tribal
Council quarterly.
Sec. 7. The Assistant Chief shall serve in the absence of the
Chief and when serving shall have all the privileges, duties and powers
of the Chief.
Sec. 8. The Chief shall have the power to remove any official
appointed by him except for members of the Tribal Court and the Tribal
Council.
ARTICLE VIII - LEGISLATIVE DEPARTMENT
Section
1. The legislative authority of the Choctaw Nation shall
be vested in the Tribal Council.
Sec. 2. The Tribal Council shall consist of twelve (12) members,
one (1) to be elected from each of the following twelve (12) districts
which lie within the boundaries set forth in Article I, Section 2 of
this Constitution; provided, that the Tribal Council shall have the
responsibility for reapportionment based on population when necessary.
|
District
Number
|
Area embraced within each District |
|
1
|
McCurtain County south of the north line of Township Six (6) South as established by the United States Geological Survey. |
|
2
|
McCurtain County north of the north line of Township Six (6) South as established by the United States Geological Survey. |
|
3
|
LeFlore County south of the north line of Township Four (4) North as established by the United States Geological Survey. |
|
4
|
LeFlore County north of the north line of Township Four (4) North as established by the United States Geological Survey. |
|
5
|
Haskell County |
|
6
|
Latimer County |
|
7
|
Pushmataha County |
|
8
|
Choctaw County |
|
9
|
Bryan County |
|
10
|
Atoka County |
|
11
|
Pittsburg County |
|
12
|
Coal County and that part of Hughes County South of the Canadian River |
Sec.
3. Members of the Tribal Council must be members of the Nation
and must have resided in their respective districts for one (1) year
immediately preceding the election. They must remain residents of the
district from which they were elected during the tenure of their office.
Candidates for the Tribal Council must be at least one-fourth (1/4)
Choctaw Indian by blood and must be twenty-one (21) years of age or
older at the time they file for election.
Sec. 4. Except as provided in the following section, members
of the Tribal Council shall be elected for a term of four (4) years
commencing at twelve (12) o'clock noon on the first Monday in September
1983. Thereafter, terms of office for Council positions shall be for
a term of four (4) years and shall commence at twelve (12) noon on
the first Monday of the first September after the election for such
posts.
Sec. 5. At the hour of twelve (12) noon on October 1, 1983,
following the ratification of this Constitution, the successful candidates
for Tribal Council shall meet with the elected Chief and the Choctaw
Election Commission at the Capital at Tuskahoma at which time and place
the Chairperson/Arbitrator will place twelve (12) slips of paper in
a receptacle, six (6) of which will have the number four (4) on
them and six (6) will have the number two (2) written on them.
Each slip will be folded so that the number thereon cannot be seen.
In the presence of each other and the elected Chief, each successful
candidate shall draw one (1) of the slips from the receptacle and the
number on the slip each of the successful candidates draws will
be the number of years he shall serve during the first term.
ARTICLE IX - PRIVILEGES, DUTIES AND
POWERS OF LEGISLATIVE DEPARTMENT
Section
1. The Tribal Council, at its first regular session each year,
shall organize and elect officers from its membership. Officers to be
elected are a Speaker, a Secretary and such other officers as the Council
shall deem necessary. A recording secretary and a sergeant-at-arms who
are not members of the Tribal Council shall be appointed by the Speaker.
Sec. 2. The Speaker shall preside over all meetings of the Tribal
Council.
Sec. 3. The Secretary of the Tribal Council shall maintain all
records and enactments of the Tribal Council. They shall be available
for inspection by tribal members during normal office hours. All such
documents shall remain the property of the Choctaw Nation.
Sec. 4. The Tribal Council shall enact legislation, rules and
regulations not inconsistent with this Constitution for the general
good of the Choctaw Nation and for the administration and regulation
of the affairs of the Choctaw Nation.
Sec. 5. The Tribal Council shall prescribe election procedures
and regulations for tribal elections. The Council shall create an election
board whose members shall be appointed by the Chief with the advice
and consent of the Tribal Council.
Sec. 6. The Tribal Council shall make decisions pertaining to
the acquisition, leasing, disposition and management of tribal property.
Sec. 7. The Tribal Council shall sit as a court in all cases
of impeachment.
Sec. 8. The Tribal Council shall be responsible for approving
the annual tribal budget and shall prescribe salaries and allowances
for members of the Tribal Council and the Tribal Court.
Sec. 9. No legislation, rule or regulation shall be implemented
unless approved by at least seven (7) members of the Tribal Council.
Sec. 10. The Tribal Council shall have power to override the
Chief's veto of any of its actions by at least eight (8) members voting
in favor of overriding the veto.
Sec. 11. The Council shall act upon all appointments requiring
its confirmation within thirty (30) days or less after such appointment
is presented for confirmation. The appointment shall become effective
without confirmation should the Council fail to so act.
Sec. 12. The selection of legal counsel shall be made by the
Chief and approved by the Tribal Council and the Secretary of the Interior.
Secretarial approval shall be necessary only as long as such action
is required by Federal Law.
ARTICLE X - SESSIONS OF THE TRIBAL
COUNCIL
Section
1. Regular sessions of the Tribal Council shall be held on
the second Saturday of each month at ten (10) o'clock a.m. at the Choctaw
Nation Council House at Tuskahoma, Oklahoma, unless and until otherwise
provided by the Tribal Council.
Sec. 2. Ten (10) members must be present to constitute a quorum.
Sec. 3. The Chief may call a special session of the Council
at any time he deems necessary by notifying each member by the most
expedient way, at least twenty-four (24) hours in advance of the meeting.
Inability to notify all members after reasonable efforts shall not prevent
such special session from occurring provided a quorum is present.
Sec. 4. All regular and special sessions shall be open to the
membership of the Nation. However, except for the Chief or his representative
and in cases of impeachment, no person shall address the Council unless
he or she has the unanimous approval of the Council members present.
The Council may meet in executive session upon an affirmative vote of
two-thirds (2/3) of the Tribal Council members present. All votes on
any matter shall be in open session and shall be a matter of public
record.
Sec. 5. Roll call votes showing how each member of the Tribal
Council voted shall be recorded in the minutes of the Tribal Council.
Sec. 6. Robert's Rules of Order shall be followed in conducting
Tribal Council business to the extent they do not conflict with this
Constitution.
ARTICLE XI - ORDER OF BUSINESS
The order of business at any regular or special session of the Tribal Council shall be as follows :
1. Call to order
2. Roll call and prayer
3. Reading of minutes of last session
4. Unfinished business
5. Reports of Committees
6. New business (Comments from Members)
7. Prayer and adjournment
Provided;
however, this order of business may be suspended by the Tribal Council
for any meeting.
ARTICLE XII - JUDICIAL DEPARTMENT
Section
1. The judicial authority of the Choctaw Nation shall be vested
in a Tribal Court which shall consist of three (3)-member Court appointed
by the Chief with the advice and consent of the Tribal Council. One
(1) such member, the presiding judge, shall be a lawyer duly licensed
to practice before the Supreme Court of Oklahoma. Two (2) members may
be non-lawyers.
Sec. 2. Members of the Judicial Department must be residents
of the Choctaw Nation and must remain residents of the Choctaw Nation
during the tenure of their office. The non-lawyer members must be qualified
electors of the Choctaw Nation.
Sec. 3. Tribal Court members shall be appointed for a term of
three (3) years; provided that initially one (1) member shall be appointed
for one (1) year, one (1) member shall be appointed for two (2) years
and one (1) member, who is the presiding judge, shall be appointed for
three (3) years to establish staggered terms of office.
Sec. 4. Judges shall not be subject to removal except as provided
in Article XV, Section 1.
Sec. 5. Decisions finally determining each cause of action decided
by the Tribal Court shall be recorded in journals kept for that purpose.
ARTICLE XIII - PRIVILEGES, DUTIES AND
POWERS OF JUDICIAL DEPARTMENT
Section
1. The Tribal Court shall have exclusive jurisdiction to decide
disputes, by vote of two (2) members, arising under any provision of
this Constitution or any rule or regulation enacted by the Tribal Council.
Sec. 2. Rules of procedure for the Tribal Court shall be prescribed
by the Tribal Council and shall insure the members due process of law.
Sec. 3. The decision of the Tribal Court shall be final.
ARTICLE XIV - FILLING VACANCIES
Section
1. In case of the death, resignation or removal of the Chief,
the Assistant Chief shall immediately become Chief for the remainder
of the unexpired term. In the event the Assistant Chief shall succeed
to the office of Chief, he shall appoint a successor Assistant Chief
with the advice and consent of the Tribal Council.
Sec. 2. The Chief shall have power within sixty (60) days after
a vacancy occurs in the Tribal Council to fill such vacancy for the
remainder of the unexpired term. Such appointee shall meet the same
qualifications as required of a candidate for election to such office.
If a vacancy occurs more than one (1) year before the expiration of
such term, a special election shall be called to fill the vacancy.
ARTICLE XV - REMOVAL OF OFFICIALS
Section 1. Impeachment.
(a) Any elected or appointed officer shall be subject to impeachment for willful neglect of duty, corruption in office, habitual drunkenness, incompetence, incapability of performing his duties or committing any offense involving moral turpitude while in office.
(b) Impeachment charges shall be presented to the Judicial Department. The Tribal Court shall within thirty (30) days examine the evidence. If the Tribal Court determines the evidence or charges are sufficient to warrant further action, it shall conduct a hearing pursuant to this Article. If impeachment charges are brought against any judge, then that judge shall be disqualified to sit on any matters relating to such charges. Then, and in such event, the Chief shall name a substitute judge, with the advice and consent of the Tribal Council, who shall sit as a member of the Court on all matters relating to such impeachment charges.
(c) The Tribal Council shall prescribe such rules and procedures that are necessary to carry into effect the provisions of this Article.
(d) Any officer against whom charges may be preferred shall be entitled to a hearing, by the Tribal Court, under rules and procedures prescribed by the Tribal Council.
(e) Any officer against whom articles of impeachment are referred to the Tribal Council shall be suspended from the exercise of the duties of his office during the pendency of his impeachment.
(f) The Tribal Council shall sit as a court of impeachment and its decision shall be final.
(g) Eight (8) votes shall be required to impeach the official.
(h) Judgment
in cases of impeachment shall extend not only to removal from office
but also to disqualification from holding any office of honor, trust
or profit under this Nation.
Sec. 2. Recall.
(a) Upon receipt of a valid petition, submitted to the Judicial Department, signed by at least forty percent (40%) of the registered voters of the district or area in which the officer was elected, it shall be the duty of the Tribal Council to call and conduct, within sixty (60) days, a recall election.
(b) The election shall be conducted pursuant to rules and regulations prescribed by the Tribal Council. Recall from office shall require a supporting vote of at least fifty-one percent (51%) of the registered voters of the district or area in which the election is conducted.
(c) only one (1) official shall be subject for recall at any given recall election.
(d) No
official shall be subject to recall more than one (1) time during his
term of office.
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ARTICLE XVI - INITIATIVE AND REFERENDUM
Section
1. The members shall have the right to propose any legislative
measure by a petition signed by at least thirty percent (30%) of the
registered voters. Every such petition shall contain the entire text
of the registered voters. Every such petition shall contain the entire
text of the measure proposed. The petition shall be filed with the Chief
at least sixty (60) days prior to the next election for Chief at which
time it shall appear on the ballot. If such petition is filed more
than one (1) year prior to the next election for Chief, a special election
shall be called. If approved by a majority of those participating in
the election, it shall be in full force and effect immediately.
Sec. 2. The Tribal Council, by approval of at least eight (8)
members, may refer any legislative measure to the members of the Choctaw
Nation by directing that said measure be placed on the ballot at
the next election for Chief or by calling for a special election. Decisions
to refer any matter to people shall be made at least sixty (60) days
prior to the election at which it is presented.
Sec. 3. All petitions for initiative shall be submitted under
a cover letter signed by at least three (3) sponsors who are qualified
electors of the Choctaw Nation.
All elected or appointed officials shall take the following oath:
"I,                                                               , do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the Choctaw Nation of Oklahoma, the State of Oklahoma, and the United States of America and will discharge the duties of my office with fidelity.
I further
swear (or affirm) that I will devote my best efforts toward the preservation
of the heritage and tradition of the Choctaw Nation in order that all
mankind may better understand, evaluate, and appreciate the history
of its glorious past and enjoy its brilliant future, so help me God."
Section 1. Amendments to this Constitution may be proposed by the Tribal Council and shall require at least eight (8) affirmative votes or by a petition containing the entire text of the amendment and signed by not less than thirty percent (30%) of the total number of qualified voters voting in the last Chief's election.
Sec. 2. Adoption by not less than fifty-one (51%) of the total
number of qualified voters of the Nation voting in the last Chief's
election shall be required to amend this Constitution. Amendments shall
be effective upon approval by the Secretary of the Interior.
This Constitution shall become effective when approved by the Secretary of the Interior and ratified by the voters.
Pursuant
to this Constitution, the initial election of the Chief and members
of the Tribal Council shall occur on August 20, 1983, and run-off
election, if necessary, on September 17, 1983
I,           John W. Fritz             , Deputy Assistant Secretary - Indian Affairs (Operations), by virtue of the authority granted to the Secretary of the Interior by the Act of June 26, 1936 (49 Stat. 1967), as amended and delegated to me by 209 DM 8.3, do hereby approve this Constitution of the Choctaw Nation of Oklahoma. It shall become effective upon ratification; provided, that nothing in this approval shall be construed as authorizing any action under the Constitution that would be contrary to Federal Law.
signed
Deputy Assistant Secretary - Indian Affairs (Operations)
Washington, D.C.
Date:                June
9, 1983                
ARTICLE XXI - CERTIFICATE OF RESULTS
OF ELECTION
Pursuant to the March 9, 1983, order of the U.S. District Court for the District of Columbia in Morris v. Watt, Civil No. 77-1667, the Deputy-Assistant Secretary - Indian Affairs (Operations), on June     9     , 1983, approved this Constitution and authorized the calling of an election for its ratification to be conducted on July 9, 1983. on July 9, 1983, the qualified voters of the tribe duly    ratified    this Constitution by a vote of     2253     for, and     780      against, in an election in which at least thirty percent (30%) of the     6970     entitled to vote cast their ballots, in accordance with Section 3 of the Act of June 26, 1936 (49 Stat. 1967), as amended. The results are hereby certified by members of the Choctaw election commission shown below.
Signed
Fred L. Ragsdale, Jr., Chairperson/Arbitrator
signed
Jimmy Sam, Representative for Jacob Plaintiffs
signed
Frances Farrell, Representative for Wilson Plaintiffs
signed
Frank Wilson, Representative for Tribal Defendant
signed
Onita Wilson, Representative for Tribal Defendant
signed
Delton Cox, Neutral Member
signed
Richard Fitzgerald, Neutral Member
Talihina,
Oklahoma
Date : July
25, 1983
©
Copyright 2002 Choctaw Nation of Oklahoma
P. O. Drawer 1210 Durant,
OK 74702-1210
1-800-522-6170 or 580-924-8280