Constitution and By-laws of the Cold Springs Rancheria, Fresno County, California
Amended: 2001
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Constitution and Bylaws of the Cold Springs Rancheria, Fresno County, California
Last amended: 2001
PREAMBLE
We, the people of the Cold Springs Rancheria in Fresno County, California,
in order to establish a formal organization and promote our common
welfare, do hereby adopt this constitution and bylaws which shall
supercede the Amended Articles of Association of the Sycamore Valley
Association adopted April 11, 1970.
The name of this organization shall be the Cold Springs Rancheria.
The jurisdiction of the Cold Springs Rancheria, not inconsistent with
applicable Federal and State Laws, shall extend to all lands now or
hereafter comprising the Cold Springs Rancheria.
Amendment to Article III. Membership, Section 1: Approved April 23, 2001 is as follows:
Section 1. Membership in the Cold Springs Rancheria shall consist persons in the following categories:
(a) All individuals who were listed as distributees or dependent members of distributees in the Plan for Distribution of Assets of the Cold Springs Rancheria as approved by the Secretary of the Interior on August 26, 1960.
(b) All persons who qualify and were recognized as members of the Sycamore Valley Association on the effective date of this constitution, January 2, 1980.
(c) Persons who are lineal descendants of individuals eligible for membership under (a) and (b) above, regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendants possess at least one-fourth (1/4) degree California Indian blood.
Having been duly adopted and approved, proposed Amendment I is hereby designated as Amendment No. I to the Constitution and Bylaws of the Cold Springs Rancheria.
CERTIFICATE OF APPROVAL
/s/
Acting Regional Director
April
23, 2001
Date
[Digitizer's note: day might be 29; fax is unclear.]
Sec. 2. A person who has been allotted on another reservation or is officially enrolled with or is a recognized member of some other tribe or band shall not be enrolled. A "recognized member of another tribe or rancheria" is a person whose name is listed on the membership roll of another tribe or rancheria, or has received a land use assignment on another reservation.
Sec. 3. The official membership roll shall be prepared
in accordance with an ordinance adopted by the governing body and approved
by the Secretary of the Interior or his authorized representative. Such
ordinance shall contain provisions for enrollment procedures, enrollment
committees, application form, approval or disapproval of applications,
rejection notice, appeals, corrections and provisions for keeping the
roll on a current basis.
Section 1. The governing body of the Cold Springs Rancheria shall be the Cold Springs Tribal Council. The tribal council shall consist of six (6) members elected at-large from the general council. The tribal council shall consist of a chairperson, vice-chairperson, secretary-treasurer and three (3) members, each elected by a majority vote of the voters in any such election, provided at least fifty-one percent (51 %) of those eligible to vote have voted. In the event that fifty-one percent (51%) of the voters do not participate in the election, a subsequent election will be held within thirty (30) days. Other committees may be appointed or elected when deemed necessary. The secretary-treasurer may receive such compensation as may be determined by the tribal council. Members of the tribal council may also receive compensation for travel and other expenses as may be authorized by the tribal council.
Sec. 2. General Council. The general council shall consist
of all enrolled members of the rancheria, eighteen (18) years of age
or older. The general council shall exercise those authorities delegated
to it by this constitution and bylaws.
Section 1. Voter Qualification. All enrolled members of the Cold Springs Rancheria, who are eighteen (18) years of age or older and who have resided for at least one (1) year on the Cold Springs Rancheria prior to an election are qualified voters.
Sec. 2. Qualification of Candidates. A candidate
for the position of chairperson or vice-chairperson must be a qualified
voter of the Cold Springs Rancheria twenty-five (25) years of age or
older. Any qualified voter regardless of age is eligible to be a candidate
for secretary-treasurer and members of the council.
Sec. 3. All elections of tribal officials shall be
by secret ballot.
Sec. 4. First Election. The officers of the Sycamore Valley Association in office at the time of approval of this constitution and bylaws by the Secretary of the Interior or his authorized representative shall hold office until their successors are duly elected and seated. The first regular election of officials under this constitution shall be held on the first Saturday in May of 1980. At the first election held under this document, the chairperson, the secretary-treasurer and one (1) member-at-large shall be elected to hold office for a period of two (2) years; the vice-chairperson and two (2) members of the tribal council shall be elected for a period of one (1) year. Thereafter, all terms of office shall be for two (2) years and elections shall be held annually on the first Saturday in May. Members shall hold office until their successors are duly elected and installed.
Sec. 5. Nominations. The time, place and manner
of nominations shall be specified in the election ordinance adopted
pursuant to Section 6 of this constitution.
Sec. 6. Election Ordinance. An election ordinance
shall be adopted by the general council within six (6) months following
the effective date of this constitution. Such ordinance shall include
but not be limited to the following provisions: secret balloting; nomination
of candidates; absentee balloting; and a procedure for resolving election
disputes.
Provisions should also be included regarding the conduct of recall and referendum elections and a uniform procedure for submitting petitions. Elections to amend this constitution shall be conducted in accordance with Article XI of this constitution.
ARTICLE VI - REMOVAL, RECALL AND FORFEITURE
Section 1. Removal. Any member of the tribal council or other official of the Cold Springs Rancheria who, during the term for which he is elected or appointed, is convicted of a felony in any Federal or State Court shall automatically forfeit his office effective on the date of his initial conviction in court. Any official found guilty by the tribal council of behavior involving misconduct reflecting on the dignity and integrity of the tribal government, malfeasance in office, or gross neglect of duty shall be removed from office if at least four (4) members of the tribal council vote in favor of such removal. Voting must be by secret ballot and the chairman is entitled to vote. If the accused is a member of the tribal council, the accused shall have the right to cast a secret ballot. Before any vote for removal is taken, such member or official shall be given a written statement of the charges against him at least ten (10) days before the meeting of the tribal council at which he is to appear and he shall be given an opportunity to answer any and all charges at the designated tribal council meeting. The decision of the tribal council shall be final. No member of the tribal council shall preside over the meeting at which his removal is being considered.
Sec. 2. Recall. Upon receipt of a petition signed by at least fifty percent (50%) of the qualified voters of the rancheria, it shall be the duty of the tribal council to call and conduct within thirty (30) days an election to consider the recall of an elected official.
The election shall be conducted pursuant to the election ordinance. Once an individual has been subjected to recall proceedings, he shall not again be subject to such action during the balance of his term of office.
Sec. 3. Forfeiture. If any member of the tribal
council shall be found guilty of a felony in any Federal or State Court,
shall die, resign or is absent without being excused by the tribal council
for more than three (3) consecutive meetings in succession, he shall
automatically forfeit his office.
Section 1. Any office which has been vacated, whether
it be by removal, recall or forfeiture, shall be filled by appointment
of the tribal council at its next meeting and such replacement shall
serve the unexpired term of office.
ARTICLE VIII - POWERS OF THE TRIBAL COUNCIL
Section 1. The tribal council shall have powers and responsibilities
hereinafter provided, subject to any limitations imposed upon such powers
by the statutes and laws of the United States or the State of California.
(a) To consult, negotiate, contract or conclude agreements with Federal, State and local governments on activities which may affect the Cold Springs Rancheria. .
(b) To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative.
(c) To receive advice from and make recommendations to the Secretary of the Interior with regard to all appropriation estimates for all projects which are for the benefit of members of the Cold Springs Rancheria prior to the submission of such estimates to the Office of Management and Budget and Congress.
(d) To manage, lease or otherwise operate all unassigned tribal property and to control the use of and development on assigned tribal lands. Toward this end the tribal council shall within one (1) year of the effective date of this constitution and bylaws submit for ratification to a referendum vote of the rancheria a land assignment and land use ordinance.
(e) To acquire property and to accept gifts.
(f) To join and/or charter tribal housing authorities.
(g) To charter tribal enterprises, corporations and associations.
(h) To prescribe rules and regulations governing future membership, loss of membership and the adoption of members.
(i) To administer tribal assets and manage all economic affairs and enterprises of the rancheria.
(j) To promote the peace, safety, health and general welfare of the members of the rancheria.
Sec. 2. Any rights and powers heretofore vested in
the Cold Springs Rancheria, but not expressly referred to in this constitution,
shall not be lost by reason of their omission but may be exercised by
the tribal council through the adoption of appropriate amendments to
this constitution and bylaws.
Section 1. Regular meetings of the tribal council shall be held on the first Saturday of each month in a place designated by the tribal council.
Special meetings of the tribal council may be called by the chairperson and shall be called by him upon receipt of a petition signed by at least three (3) council members and when so called, the tribal council shall have power to transact business as in regular meetings provided that a quorum is present. Members shall be notified at least three (3) days in advance of all special tribal meetings.
Sec. 2. A quorum of the tribal council shall consist
of four (4) members of the tribal council. No business shall be transacted
unless a quorum is present.
Sec. 3. Regular meetings of the general council shall
be held quarterly on the Cold Springs Rancheria. The date, time and
place of such meetings shall be determined by the tribal council. Special
meetings of the general council may be called by the chairperson and
shall be called by him upon receipt of a petition signed by at least
fifty-one percent (51%) of the members of the general council.
Sec. 4. A quorum of the general council shall consist of fifty-one
percent (51%) of the general council. No business shall be conducted
unless a quorum is present.
Section 1. All members of the rancheria shall enjoy without
hindrance, freedom of worship, conscience, speech, press, assembly and
association.
Sec. 2. This constitution and bylaws shall not in
any way alter, abridge, or otherwise jeopardize the rights and privileges
of the members of the rancheria as citizens of the State of California
or the United States.
Sec. 3. The individual property rights of any member
of the Cold Springs Rancheria shall not be altered, abridged or otherwise
affected by the provisions of this constitution and bylaws.
Sec. 4. Tribal members shall have the right to review
all tribal records, including financial records, at any reasonable time
in accordance with procedures established by the tribal council.
Sec. 5. In accordance with Title II of the Indian
Civil Rights Act of 1968 (82 Stat. 77), the Cold Springs Rancheria in
exercising its powers of self- government shall not:
(a) Make or enforce any law prohibiting the full exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
(b) Violate the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizure, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
(c) Subject any person for the same offense to be twice put in jeopardy;
(d) Compel any person in any criminal case to be a witness against himself;
(e) Take any private property for a public use without just compensation;
(f) Deny to any person in a criminal proceeding the right to a speedy trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, at his own expense, to have the assistance of counsel for his defense;
(g) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of $500 or both;
(h) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of laws;
(i) Pass any bill of attainder or ex post facto law;
(j) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.
Section 1. This constitution and bylaws may be amended by
a majority vote of the qualified voters of the Cold Springs Rancheria
voting in an election called for that purpose by the Secretary of the
Interior or his authorized representative, provided that at least fifty-one
percent (51%) of those entitled to vote shall vote in such election,
but no amendment shall become effective until approved by the Secretary
of the Interior or his duly authorized representative.
Sec. 2. It shall be the duty of the Secretary of the Interior
to call an election at the request of the tribal council or upon receipt
of a petition signed by at least thirty percent (30%) of the qualified
voters of the Cold Springs Rancheria.
Section 1. Upon presentation to the Cold Springs Tribal
Council of a petition signed by thirty percent (30%) of the qualified
voters, the tribal 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, by secret ballot, at a regular or special election.
The Cold Springs Tribal Council shall abide by the vote of the majority
of the voters in any such election, provided that at least fifty-one
percent (51%) of those eligible to vote have voted.
If any provision of this constitution and bylaws shall, in the future,
be declared invalid by a court of competent jurisdiction, the invalid
provision or provisions shall be severed and the remaining provisions
shall continue in full force and effect.
BYLAWS OF THE COLD SPRINGS RANCHERIA
ARTICLE I - DUTIES OF OFFICERS
Section 1. Newly elected officers shall assume their
respective office and duties immediately upon being elected.
Sec. 2. The chairperson shall preside at all meetings
of the rancheria and of the tribal council and shall execute on behalf
of the rancheria all contracts, leases or other documents approved by
the tribal council. He shall vote only in the case of a tie. He shall
have general supervision of all other officers, employees and committees
of the rancheria and see that their duties are properly performed. When
the tribal council is not in session, he shall be the official representative
of the rancheria.
Sec. 3. The vice-chairperson shall assist the chairperson when called upon to do so. In the absence of the chairperson, he shall preside and when so presiding shall have all the rights, privileges, duties and responsibilities of the chairperson.
Sec. 4. The secretary-treasurer shall keep the
minutes of all meetings and shall attest to the enactment of all resolutions
and ordinances. Copies of all minutes, resolutions, and ordinances shall
be submitted by him, to the Bureau of Indian Affairs as soon after enactment
as possible. The secretary-treasurer shall issue notices of all meetings
and elections and conduct all general correspondence as directed by
the tribal council. The secretary-treasurer shall carry out the financial
directives of the tribal council, receive all local monies of the reservation
and keep an accurate account of the receipts and disbursements. Funds
shall be deposited in the Cold Springs Rancheria's account in a local
bank selected by the tribal council where depositor's funds are insured
by the Federal Deposit Insurance Corporation. All disbursements shall
be made by check in accordance with resolutions of the tribal council.
The secretary-treasurer shall file a bond satisfactory to the tribal
council and the Area Director. The tribal council shall authorize payment
of the annual bond premium from the local reservation funds. The secretary-treasurer
shall give a financial report to the tribal council once a month, and
all financial records shall be available for inspection by any member
of the Cold Springs Rancheria and shall be open at all times for audit
and inspection by representatives of the Bureau of Indian Affairs. At
the expiration of his term of office, the secretary-treasurer shall
turn over all the records and papers in his possession to his successor
or to the tribal council.
Section 1. This constitution and bylaws, when adopted
by a majority vote of the qualified voters of the Sycamore Valley Association
of the Cold Springs Rancheria, voting at an election called for that
purpose by the Secretary of the Interior or his authorized representative,
in which at least fifty-one percent (51%) of those entitled to vote
shall vote, shall be submitted to the Secretary of the Interior for
his approval, and shall be effective from the date of his approval.
CERTIFICATE OF RESULTS OF ELECTION
Pursuant to an election authorized by the Acting Deputy Commissioner
of Indian Affairs on July 18, 1979, the foregoing Constitution and Bylaws
of the Cold Springs Rancheria in Fresno County, California, was submitted
to the qualified voters of the rancheria and was on November 29, 1979,
duly adopted by a vote of 12 for, and 3 against, in an
election in which at least fifty-one percent (51%) of the 27 entitled to vote cast their ballots in accordance with Article II -
Adoption in the Bylaws of the Cold Springs Rancheria.
/s/
Chairman, Election Board
/s/
Election Board Member
/s/
Election Board Member
I, /s/ Theodore C. Krenzke , Commissioner of Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to me by 230 DM 1.1, do hereby approve the Constitution and Bylaws of the Cold Springs Rancheria, Fresno County, California.
/s/
Theodore C. Krenzke
Acting Deputy Commissioner of Indian Affairs
Washington, D. C.
Date: Jan 2, 1980