Ely Shoshone Tribe of Nevada - Tribal Constitution
Confirmed Current: November 7, 2017
Amended: March 23, 2002
Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.
Note: [Contact the library for copies of documents enacting amendments.]
PREAMBLE
We, the Ely Shoshone Indians of Nevada, located at Ely, Nevada, to exercise our traditional and historical inherent sovereign powers and to improve the constitution previously adopted, pursuant to the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended, and approved on April 8, 1966; to provide an opportunity for other eligible Shoshone Indians to become a part of this tribe; to conserve our tribal property; to develop our resources; to administer justice; to promote the welfare of ourselves and our descendants, and to otherwise govern the affairs of this tribe; do ordain and establish this constitution pursuant to the Indian Reorganization Act of 1934, as amended.
ARTICLE I - TERRITORY
The territory and jurisdiction of the Ely Shoshone Tribe shall extend
to all reservation lands, tribal lands within the boundaries of the
present tribal lands located in White Pine County, Nevada, and all
other lands (allotments/ cemeteries) held in trust for or owned by
the tribe. The territory also includes all other trust lands occupied
by members of the tribe which may be subject to the jurisdiction of
the tribe by majority vote of the Indians residing thereon and other
lands heretofore or hereafter acquired by the United States, the Ely
Shoshone Tribe and held by the United States as trustee. In pursuance
with acceptable Federal law, persons or property within the territory
of the tribe shall be subject to tribal jurisdiction.
ARTICLE II - MEMBERSHIP
Section 1. The membership of the Ely Shoshone
Tribe shall consist of the following:
(a) All persons of at least one-quarter (1/4) degree Shoshone Indian blood whose names appear on the census roll of the Ely Colony dated April 1, 1930, revised April 19, 1983; Provided, That the Ely Shoshone Tribal Council shall have the authority to make any necessary corrections in the above specified roll.(b) All persons who are lineal descendants of members who are listed on the revised April 19, 1983 Ely Colony Census Roll.
[Amendment A - Section 1(b) of Article II amended November 3, 1999.]
Section 2. The Ely Shoshone Tribal Council shall have the power
to enact ordinances governing all enrollment procedures.
[Amendment B: Section 2 of Article II amended November 3, 1999.]
Section 3. No persons enrolled with another Indian tribe or group,
whether Federally recognized or not, shall be a member of the Ely
Shoshone Tribe.
Section 4. Written applications must be filed on behalf of all
applicants applying for enrollment with the Ely Shoshone Tribe. Any
person refused membership or who is subject to loss of membership
by the Ely Shoshone Tribal Council shall have the right to appeal
in accordance with tribal ordinances.
ARTICLE III- GOVERNING BODY
Section 1. The governing body of the Ely
Shoshone Tribe of the Ely Shoshone tribal lands shall be known as
the Ely Shoshone Tribal Council.
Section 2. A council member must be twenty-one (21) years of age.
Section 3. The tribal council shall consist of five (5) members,
three (3) officers and two (2) members.
[Amendment C: Section 3 of Article III amended November 3, 1999.]
Section 4. Three (3) council members shall constitute a quorum.
Section 5. Council members shall abstain from voting on any item
involving an immediate family member(s). Immediate family member is
defined as either spouse, daughter, son, brother, sister, mother,
or father.
[Amendment D: Section 5 of Article III amended November 3, 1999.]
ARTICLE IV - NOMINATIONS AND ELECTIONS
Section 1. The elections for the tribal
council seat(s) will be called annually on the fourth Saturday of
January at least sixty (60) days prior to expiration of term(s) of
office of the respective outgoing tribal council member(s).
[Amendment E: Section 1 of Article IV amended November 3, 1999.]
Section 2. The duly elected tribal council member(s) will serve
a three (3) year term.
[Amendment F: Section 2 of Article IV amended November 3, 1999.]
Section 3. The Council so organized shall elect annually from
within its own number (1) a chairperson; (2) a vice-chairperson; and
(3) a secretary-treasurer.
[Amendment G: Section 3 of Article IV amended November 3, 1999.]
(a) The two candidates receiving the highest number of votes shall hold office for three (3) years; the next two highest, two (2) years; and the next highest, one (1) year; and they shall hold office until their successors are duly elected and seated into office. After the first election, elections for the tribal council shall be called annually at least sixty (60) days prior to expiration of terms of office of respective outgoing tribal council members.
Section 4. Any enrolled member of the Tribe who is eighteen (18)
years of age will be entitlted to vote.
[Amendment XI: Section 4 of Article IV amended March 23, 2002.]
Section 5. Any qualified tribal member, who is at least twenty-one
(21) years of age, may announce his/her candidacy for the council
by notifying the secretary-treasurer in writing of his/her candidacy.
The list of certified candidates shall be posted by the secretary-treasurer
of the tribal council at least ten (10) days before the election.
The Candidate must also meet the following criteria:
(a) Candidate must not be a convicted felon;
(b) Candidate must be on the tribal membership rolls for a period of 12 months;
(c) No adopted member shall be eligible to be a candidate for a council seat; and
(d) Candidate must be a resident of the Ely Shoshone Tribal Service Area (as defined in Article I) or residing in White Pine County for a period of 12 months.
[Amendment I: Section 5 of Article IV amended November 3, 1999.]
Section 6. The council shall appoint an election board of at least
three (3) members who shall determine regulations governing elections;
supervise the elections; and shall certify the elections to the council
within five (5) days after election returns have been counted.
Section 7. The Ely Shoshone Tribal Council shall be the sole judge
of the qualifications of its members.
Section 8. All elections shall be by secret ballot.
ARTICLE V - VACANCIES AND REMOVAL
Section 1. If any tribal council member
shall die, resign, be incapacitated, be removed from office, be found
guilty of a felony or misdemeanor involving dishonesty in any Indian,
State or Federal Court, a vacancy in the tribal council shall be created
automatically, and at its next regular or special meeting, the tribal
council shall appoint another qualified eligible tribal member to
fill the vacant position for the remainder of the unexpired term.
Section 2. The tribal council may, by three (3) affirmative votes,
remove from office any tribal council member convicted of a misdemeanor
involving moral turpitude, or for gross neglect of duty, malfeasance
in office, misconduct reflecting on the dignity and integrity of the
tribal government, or failure to attend any three (3) consecutive
tribal council meetings without permission of the tribal council,
except for illness, or disqualification to serve as a tribal council
member. Before any vote for removal from office is taken, the member
shall be given a written statement of charges against him/her at least
fifteen (15) days before the meeting of the tribal council at which
he/she is to appear, and he/she shall be given an opportunity to answer
any and all charges at the tribal council meeting. If the member refuses
to appear before the tribal council, the tribal council shall proceed
with the vote as scheduled. The chairperson shall have the right to
vote in all removal proceedings except his own.
ARTICLE VI - POWERS AND DUTIES OF THE TRIBAL COUNCIL
Section 1. Enumerated Powers. The council
shall exercise the following powers, subject to any limitations imposed
by Federal law and subject further to all express restrictions upon
such powers contained in this constitution.
(a) To negotiate, consult and contract with Federal, State, local and tribal governments, private enterprises, individuals and other organizations;
(b) To employ legal counsel, the choice of counsel and the fixing of fees to be subject to the approval of the Secretary of the Interior as long as such approval is required by Federal law.
(c) To prevent the sale, exchange, disposition, lease or encumbrance of tribal lands, interest of land or other assets of the tribe. To sell, dispose of, lease, encumber, assign or otherwise regulate tribal lands, interest in lands, other tribal assets, subject to applicable Federal statutes and regulations;
(d) To charter and regulate independent organizations, subordinate organizations, committees and boards of officials of the tribe, and to delegate powers as appropriate, retaining the right to supervise and to rescind delegated powers.
(e) To plan and manage all economic affairs and enterprises of the tribe;
(f) To establish agencies for and otherwise provide for law enforcement and a criminal justice system within the territory and jurisdiction of the tribe;
(g) To the extent permitted by Federal law to levy assessments, dues, fees or taxes upon the members of the tribe and upon non-members residing or doing any business of any sort within the territory and jurisdiction of the tribe;
(h) To spend tribal funds in accordance with an annual budget approved by the tribal council;
(i) To promote and protect the health, peace, morals, education, safety and welfare of the tribe, its members and all other persons within its jurisdiction, and govern the conduct of tribal members to the extent permitted by Federal Law;
(j) To enact criminal and civil laws governing the conduct of any person within the tribal lands and jurisdiction of the tribe consistent with Federal law;
(k) To regulate all administrative and legislative bodies of the tribe, its agencies, officers and organizations;
(1) To provide for the exclusion and expulsion of non-members from the territory within the jurisdiction of the tribe for good cause;
(m) To enact all ordinances and resolutions which shall be necessary and proper for carrying into effect the foregoing powers.
Section 2. Future Powers. The council may exercise such further
powers as may in the future be delegated to the tribal council by
the members of the tribe, the Secretary of the Interior, or any other
duly authorized officials or agencies of the State or Federal government.
Section 3. Reserved Powers. Any rights or powers heretofore vested
in the Indians of the tribe but not expressly referred to in this
constitution shall not be abridged by this constitution but may be
exercised by the tribal council through the adoption of appropriate
amendments to this document.
ARTICLE VII - REFERENDUM, INITIATIVE AND RECALL
Section 1. Referendum. The tribal council
shall upon receipt of a petition signed by one-third (1/3) of the
eligible voters of the tribe, submit any enacted or proposed tribal
legislation to a referendum of the eligible voters. The decision of
a majority of the voters voting in the referendum shall be binding
on the tribal council. The tribal council shall call the referendum
within thirty (30) days from the date of the receipt of a valid petition
and shall prescribe the manner in which it is to be conducted.
Section 2. Initiative. The enrolled members of the tribe who are
at least eighteen (18) years of age reserve the power to independently
propose tribal legislation. Any proposed initiative measure shall
be presented to the tribal council accompanied by a petition signed
by not less than one-third (1/3) of the eligible voters of the tribe.
Upon receipt of such a petition, the tribal council shall call a special
election for the purpose of allowing the members of the tribe to vote
on the initiative measure. The election shall be held within thirty
(30) days from the date a valid petition is presented to the tribal
council. The decision of a majority of the voters voting in such an
election shall be binding on the council.
Section 3. Recall. Upon receipt of a petition signed by at least
one-third (1/3) of the eligible tribal voters demanding a recall of
any member of the tribal council, it shall be the duty of the tribal
council to call a special election on the question of the recall within
thirty (30) days from the date of the filing of a valid petition.
The election shall be held in the manner prescribed by the tribal
council, but no council member shall be recalled unless a majority
of the voters voting in an election vote in favor of the recall.
Section 4. The Tribal council shall enact such ordinances as are
necessary to implement recall elections consistent with this Article.
The ordinance shall also prescribe when an office subject to recall
has been vacated and who shall fill such office consistent with Article
V.
ARTICLE VIII - BILL OF RIGHTS
Section 1. All members of the Ely Shoshone
Tribe shall have equal rights, equal protection, and equal opportunity
to participate in the economic resources, tribal assets and activities
of the tribe.
Section 2. Rights of Tribal Members. The tribe, in exercising
powers of self-government, shall not:
(a) Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceable 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, to 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/herself;
(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 and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him/her, to have compulsory process for obtaining witnesses in his/her favor, and at his/her own expense, to have the assistance of counsel for his/her defense;
(g) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for a conviction any one (1) offense any penalty of punishment greater than imprisonment for a term of one (1) year or a fine of five thousand dollars ($5,000), 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 law;
(i) Pass any bill of attainder or ex post facto law; or
Back to Top(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.
ARTICLE IX
- AMENDMENTS
Section 1. Amendments to this constitution
may be adopted in the same manner as the initial ratification when
adopted by a majority vote of the qualified voters of the tribe voting
in a special election called by the Secretary of the Interior in which
at least thirty (30) percent of the members entitled to vote cast
their ballots, shall be submitted to the Secretary of the Interior
for his approval, and shall be effective from the date of approval,
so long as such approval is required by Federal law.
Section 2. Upon receipt of a petition signed by one-third (1/3)
of the tribal members who are entitled to vote, or upon receipt of
a resolution adopted by a majority vote of the members of the council,
the Secretary of the Interior shall call a special election for the
purpose of voting on any proposed amendments to this constitution.
If adopted, an amendment(s) shall become effective upon approval by
the Secretary of the Interior so long as approval is required by Federal
law.
Section 3. Savings Clause. Existing resolutions and ordinances
consistent with this constitution shall remain in effect.
Section 4. Severability. If any part of this constitution is held
by the Federal court to be invalid or unconstitutional, the remainder
of the document shall continue in effect.
ARTICLE X - DUTIES OF OFFICERS
Section 1. The chairperson of the council shall preside over all its meetings, and shall be entitled to vote upon all matters except where conflict of interest exists. He/She shall perform all duties of a chairperson and exercise and authority delegated to him/her by the council.
Section 2. The vice-chairperson of the council shall assist the
chairperson when called upon so to do, and in the absence of the chairperson,
he/she shall have all the rights, privileges, duties and responsibilities
of the chairperson.
Section 3. The secretary-treasurer of the council shall conduct
all tribal correspondence and keep a complete and accurate record
of all matters transacted at council meetings. It shall be his/her
duty to submit promptly to the Superintendent of the Eastern Nevada
Agency copies of all minutes, resolutions and ordinances of the regular
and special meetings.
The books and records of the secretary-treasurer shall be audited at least once each year by a competent auditor employed by the tribal council.
The secretary-treasurer shall be required to give bond satisfactory to the council. The premium for such bond shall be paid from tribal funds.
Section 4. Appointive Officers. The duties of all appointive committee
or officers of the tribe shall be clearly defined by the tribal council
at the time of their creation or appointment. Such committees and
officers shall report on their activities and decisions from time
to time as required by the tribal council. Their actions and decisions
shall be subject to review by the tribal council.
Section 5. Newly elected members who have been duly certified
shall be installed at the first regular meeting of the tribal council.
Section 6. Each member of the tribal council elected or appointed
under this constitution shall take an oath of office prior to assuming
the duties thereof by which oath he/she shall pledge himself/herself
to support and defend the Constitution of the United States and this
constitution.
Oath: "I, __________, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Ely Shoshone Tribe against all enemies; that I will carry out faithfully and impartially the duties of my office to the best of my ability; that I will cooperate, promote and protect the best interests of the Ely Shoshone Tribe in accordance with this constitution.
Section 7. Regular meetings of the tribal council shall be held
the second Tuesday of each month or at such other times as the tribal
council may by resolution provide on a day to be determined by the
tribal council.
Section 8. Special meetings may be called by a written notice
signed by the chairperson, or a majority of the tribal council, and
when so called, the tribal council shall have the power to transact
business as in the regular meeting.
Section 9. No business shall be conducted unless a tribal council
quorum is present, which shall consist of those officially elected
to the Ely Shoshone Tribal Council and shall be duly seated on said
tribal governing body.
Section 10. Order of Business.
(a) Call to Order by the chairperson
(b) Roll Call
(c) Reading of minutes of last meeting
(d) Unfinished business
(e) Reports
(f) New business
(g) Adjournment
ARTICLE XI - TRIBAL LANDS
Section 1. Use of Tribal Lands. Tribal lands
may be used by tribal members and non-members by leases, permits or
other appropriate contracts subject to the following rules:
(a) Leases. Tribal lands may be leased by the tribal council, subject to approval by the Secretary of the Interior as long as required by Federal law, for such period of time as permitted by law.
(b) Preference For Leases. First preference shall be given to tribal organizations, enterprises, etc. Second preference shall be given to tribal members, individually or in groups. Third preference shall be given to non-members.
Section 2. Ordinances. The tribal council may enact additional
regulations which are in harmony with this constitution governing
the use of tribal lands.
Section 3. Fees. Fees, if any, for leases and other contracts
dealing with the use of tribal lands shall be as determined by the
tribal council by resolution or ordinance, and shall be paid to the
tribe.
Section 4. Necessary Approval of Secretary of the Interior. All
leases or contracts of any kind pertaining to tribal lands or the
tribal real property must be approved by the Secretary of the Interior,
or his authorized representative, so long as such approval is required
by Federal law.
ARTICLE XII - JUDICIARY
Section 1. Courts. The judicial power of
the Ely Shoshone Tribe shall be vested in a tribal court of general
jurisdiction, a juvenile court of special jurisdiction and an appellate
court.
The judge(s) of the tribal and juvenile courts shall be elected and hold offices for a term of three (3) years and receive for services a compensation which shall not be diminished during the term of the office. A judge shall be at least thirty (30) years of age and of good moral character.
[Amendment K: Section 1 of Article XII amended November 3, 1999.]
Section 2. Jurisdiction. The judicial power shall extend to all
cases, in law and equity, arising under this constitution and the
laws of the Ely Shoshone Tribe, and to all persons and property within
the jurisdiction of the tribal lands to the extent permitted by Federal
law.
The jurisdiction of these courts over suits against the Ely Shoshone Tribe is limited to suits brought by a member or members of the Ely Shoshone Tribe and any judgments obtained in such suits in favor of tribal members against the Ely Shoshone Tribe shall not exceed $10,000 which will exclude attorney fees.
Section 3. Recall. Upon receipt of a petition signed by at least
one-third (1/3) of the eligible voters demanding a recall of an elected
judge for good cause, it shall be the duty of the tribal council to
call a special election on the question of the recall within thirty
(30) days from the date of the filing of the valid petition.
Section 4. Vacancy. If an elected judge shall die, resign, be
removed or recalled from office, or shall be found guilty of a felony
or misdemeanor involving dishonesty, in any Indian, State or Federal
court, the tribal council shall declare the position vacant and appoint
a qualified person to fill the unexpired term if less than six (6)
months remain.
If the unexpired term is more than six (6) months, the tribal council shall call a special election to elect a new judge to fill the remainder of the unexpired term.
ARTICLE XIII - ADOPTION
This constitution, when adopted by a majority vote of the qualified
voters of the tribe voting in a special election called for that purpose
by the Secretary of the Interior in which at least thirty (30) percent
of the members entitled to vote cast their ballots, shall be submitted
to the Secretary of the Interior for his approval and shall be effective
from the date of such approval.
Section 1. Former Constitution and Bylaws. The Constitution and
Bylaws of the Ely Indian Colony adopted by the colony on February
19, 1966, and approved April 8, 1966, is hereby superseded.
CERTIFICATE OF RESULTS OF ELECTION
Pursuant to an order issued by {original text omitted due to technical
illegibility}, Deputy to the Assistant Secretary - Indian Affairs
(Tribal Services), on Jan 31, 1990, the Constitution of the Ely Shoshone
Tribe, Nevada, was submitted to the qualified voters of the Ely Shoshone
Tribe, and on April 21, 1990, was duly adopted/rejected by a vote
of 18 for, and 0 against, and 0 cast ballots found separated or mutilated,
in an election in which at least thirty (30) percent of the 29 entitled
to vote cast their ballots in accordance with Section 16 of the Indian
Reorganization Act of June 18, 1934 (48 Stat. 984) as amended.
CERTIFICATE OF APPROVAL
I, Ronal Eden, Deputy to the Assistant Secretary - Indian Affairs
(Tribal Services), 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 D.M. 2.4. do hereby approve the Constitution
and Bylaws of the Ely Shoshone Tribe of Nevada, provided, that nothing
contained in this approval shall be construed as authorizing any action
under this constitution that would be contrary to Federal law.
Ronal
Eden
Acting Deputy to the Assistant Secretary -
Indian Affairs (Tribal Services)
Washington, D.C.
Date: [Unclear]