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Constitution of the Redding Rancheria

Adopted: 1989

PREAMBLE

Whereas, Redding Rancheria was restored and regained status as a federally recognized rancheria on December 22nd, 1983, by the United States District Court for the District of California through Civil Docket NO. C-70-1710-S.W, Tillie Hardwick, et al., Plaintiff vs. United States of America, et al., Defendants;

Therefore we, the people of the Redding Rancheria in California, in order to form a recognized Council to handle our Tribal affairs and to improve the economic and social conditions of all members of the Redding Rancheria, do hereby establish this Constitution.

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GUIDING PRINCIPLE

The objective of establishing this Tribal Council is to increase the economic and social opportunities available to the members of the Redding Rancheria without interfering with or in any way reducing any of the existing personal and property rights of our people.

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DEFINITIONS

  1. Ordinance

    A written statement of procedures the Tribal council will follow in carrying out certain responsibilities defined in this Constitution.

  2. Referendum

    A vote taken at a Regular General Meeting or Special General Meeting by which a majority of Redding Rancheria voting members in attendance accept or reject a decision of the Tribal Council regarding establishment or amendment of an ordinance or other major issue requiring approval by the members.

  3. Voting Member

    A member of the Redding Rancheria who is eighteen (18) years of age on the date of the meeting or election.

  4. Adoption and Enrollment

    The process by which persons other than those identified in Article II, Clause I (a) and (b) are able to obtain membership in the Redding Rancheria.

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PURPOSES OF THE RANCHERIA TRIBAL COUNCIL

  1. To secure our rights and powers inherent in our sovereign status.

  2. To protect our lands and all other resources of our members.

  3. To promote the general welfare of our people by protecting all the rights of the Redding Rancheria members according to the laws of the United States Government.

  4. To preserve and develop our land base, culture, and identity.

  5. To ensure that self-government does not infringe on the individual rights of any Redding Rancheria member.

  6. To provide for peace and order, community education, and the social needs of the members.

  7. To promote and develop economic endeavors for all Redding Rancheria members.

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ARTICLE I - TERRITORY

The territory and jurisdiction of the Redding Rancheria Tribal Council shall extend over the territory of 30.89 acres located south of Redding in Shasta County, California, being Tract No. 8 of the Anderson Valley Farms, situate lying and being on the Rancho Buena Venture, Redding Grant in the County of Shasta, State of California, and over such other lands as may hereafter be added under Federal law.

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ARTICLE II - MEMBERSHIP

The membership of the Redding Rancheria shall consist of:

  1. Regular Membership

    1. All of the seventeen (17) original distributees listed on the plan of distribution of the Redding Rancheria, dated October 8th, 1959.

    2. All lineal descendants of the seventeen (17) original distributees listed on the plan of distribution of the Redding Rancheria, dated October 8th, 1959.

  2. Adoption and Enrollment

    1. The Tribal Council shall have the power to make an Adoption and Enrollment Ordinance governing the adoption of persons of Indian blood and other issues related to future membership.

    2. The Tribal Council shall ensure the Adoption and Enrollment Ordinance is reasonable, fair, and just and that the Ordinance reflects the will of the people.

    3. No Tribal membership under Clause two (2) is final until the membership is approved by a majority vote of the voting members present at a Regular or Special General Meeting.



ARTICLE III - RIGHTS OF MEMBERS

The rights of the Redding Rancheria members are those which are guaranteed by the Indian Civil Rights Act of 1968. The Tribal Council in exercising powers of self-government shall not:

  1. 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 peaceably to assembly and to petition for a redress of grievances;

  2. take any private property for a public use without just compensation;

  3. 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;

  4. violate the rights of the people to be secure in their homes.

Any and all other rights specified in the Indian Civil Rights Act, but not listed in this Constitution, shall be in effect when necessary and appropriate.

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ARTICLE IV - GOVERNING BODY

  1. The governing body of the Redding Rancheria shall be the Tribal Council which shall be composed of seven (7) Councilors and three (3) Alternate Councilors elected by the Redding Rancheria membership.

  2. After each election of Councilors the Tribal Council shall meet and organize for business by electing from its own number, a Chairperson, a Secretary, and a Treasurer, and by appointing from the members of Council or the members of the Redding Rancheria such other officials, committees or boards, as may be deemed necessary.

  3. Any Redding Rancheria member eighteen (18) years or older shall be qualified to vote and to hold office as a Councilor.

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ARTICLE V - POWERS AND AUTHORITY OF TRIBAL COUNCIL

  1. Enumerated Powers

    The Tribal Council of the Redding Rancheria shall exercise the following powers, subject to any limitations imposed by the statutes or the Constitution of the United States:

    1. to negotiate with the Federal, State and local governments as well as with corporations, individuals and other private sector entities on all matters within the Tribal jurisdiction;

    2. 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;

    3. to veto any sale, disposition, lease or encumbrance of Tribal lands, interests in lands, or other assets of the Tribe;

    4. to submit and negotiate Tribal budgets of Federal projects and programs for the benefit of the Redding Rancheria members, subject to the approval of the Secretary of the Interior;

    5. to make and enforce ordinances providing for the manner of making, holding, and revoking assignments of Tribal lands or interest therein;

    6. to lease Tribal land in accordance with law;

    7. to regulate the procedure for the operation of the Council, the activities of Tribal agencies, and the procedures of Tribal meetings and elections;

    8. to charter subordinate organizations for economic purposes and to delegate to such organizations, or to any subordinate boards, committees, or officials of the Tribe, any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers;

    9. to establish a Housing authority as required by the Department of Housing and Urban Development for access to their programs;

    10. to govern the conduct of persons on the Rancheria and to provide for the maintenance of law and order and the administration of justice by establishing appropriate courts on the Rancheria and defining their duties and powers, and, in particular to handle all matters related to the Indian Child Welfare Act;

    11. to raise or secure the repayment of money as deemed necessary to carry out the responsibilities of the Tribal Council.

  3. Future Powers

    The Tribal Council may exercise such future powers as may in the future by delegated to the Council by the members of the Tribe or by the Secretary of the Interior or any other duly authorized official or agency of the State or Federal Government.

  4. Reserved Powers

    Any rights and powers vested in the Redding Rancheria but not expressly referred to in this Constitution shall not be abridged by this article buy may be exercised by the people of the Redding Rancheria through the adoption of appropriate ordinances and constitutional amendments.

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ARTICLE VI - ELECTIONS

  1. The Tribal Council election shall be held annually on the first Saturday of October.

  2. The place and time of elections shall be decided by the Tribal Council. The premises where the election is held shall be accessible for physically handicapped and elders.

  3. The Tribal Council shall prepare an Election Ordinance that will define the procedures for Tribal Council elections.

  4. A three-member Election Committee independent of Tribal Council shall be appointed at the last Regular General Meeting prior to the election meeting. The duties of the Election Committee shall be:

    1. to certify Redding Rancheria members eligible to vote and to complete the formal list of voting members;

    2. to ensure the membership are notified of the election meeting, date, time, and place by registered mail thirty (30) days prior to the date of the meeting;

    3. to prepare a list of persons who are interested in and qualified to seek a position of Tribal Council;

    4. to supervise the nominations and voting procedures;

    5. to settle election disputes according to the Election Ordinance;

    6. to verify positions of Tribal elections, and perform such other duties as defined by the Election Ordinance.

  5. The terms and appointment of the Election Committee shall expire at the next Regular General Meeting after the election.

  6. At the first Tribal Council election the four (4) candidates receiving the most votes will be elected for a two (2) year term and the other three (3) candidates with the next most votes will be elected for a one (1) year term.

  7. Henceforth,

    1. at all future elections, Councilors shall be elected for a two (2) year term.

    2. The three (3) Alternate Councilors shall be elected for a one (1) year term and shall be those three (3) candidates receiving the next highest number of votes after those candidates elected as Councilors

  8. All members of the Redding Rancheria who are eighteen (18) years of age or older shall be qualified voters in elections and General Meetings.

  9. Voting on matters other than the election of Councilors is by show of hands, unless the voting members otherwise decide.

  10. Voting by proxy is not permitted.

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ARTICLE VII - VACANCIES AND REMOVAL OF TRIBAL COUNCIL PERSONS

  1. Upon a petition signed by fifty one (51) percent of the voting members of the Redding Rancheria stating a complaint against a Councilor of the Tribal Council and asking for his/her recall, the Tribal Council shall call a Special General meeting to vote on whether or not the councilor shall be recalled. At the meeting, the Councilor in question shall be given an opportunity to speak in his/her defense. If the Councilor is recalled by a majority vote of the voting members present at the meeting, the Tribal Council shall fill the vacancy according to Article VII, Clause 3 below.

  2. The Tribal Council may, by vote of five (5) of its members, remove a Councilor for neglect of duty or gross misconduct in office after giving the Councilor notice of the charge and an opportunity to be heard. The Councilor shall have the right to appeal the removal to a General Meeting. The majority vote of voting members present shall be final.

  3. Vacancies in the Tribal Council caused by removal, death, or resignation may be filled by the Tribal Council by appointment of a member of the Redding Rancheria to serve as Councilor for the unexpired term.

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ARTICLE VIII - MEETINGS

  1. Regular meetings of the Tribal Council shall be held at a time and place designated by the Tribal Council. Special meetings of the Council may be called by the Chairperson at any time.

  2. Five (5) members of the Tribal Council shall constitute a quorum at all meetings of the Tribal council dealing with Tribal Council business. The requirements for a quorum shall not apply to Tribal Council activities provided for under Article VII of this Constitution.

  3. The Tribal Council shall call a Regular General Meeting of the membership in January and July of every year, at which meeting the Tribal Council will report on its activities and decisions in the proceeding six (6) months and take up matters of general interest to the membership. In addition, Special General Meetings of the membership may be called at the discretion of the Tribal Council or upon a petition signed by fifty-one (51) percent of the membership requesting such a meeting.

  4. Forty (40) percent of the voting members of the Redding Rancheria shall constitute a quorum at any Regular or Special General Meeting.

  5. All members of the Redding Rancheria who are eighteen (18) years of age or older shall be qualified to participate and vote in Regular and Special General Meetings of the Redding Rancheria.

  6. All meetings shall be conducted according to Robert's Rules of Order.

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ARTICLE IX - POPULAR PARTICIPATION IN GOVERNMENT

  1. Upon petition by fifty-one (51) percent of the voting members of the Redding Rancheria protesting any action of the Tribal Council or requesting an opportunity to vote on a particular issue, the Tribal Council shall call a Special General Meeting of the Redding Rancheria to vote on whether the action of the Council shall be vetoed or upheld. The decision of the voting members at the meeting shall be final.

  2. If the Tribal Council determines there is an important issue which should be considered by the membership, a Special General Meeting may be called to present the issue to the voting members in a referendum for a decision.

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ARTICLE X - DUTIES OF OFFICERS

  1. Chairperson

    The Chairperson shall preside over all meetings of the Tribal Council, perform the usual duties of a Chairperson, and exercise any authority delegated to him by the Tribal Council.

  2. Vice-Chairperson

    The Vice-Chairperson shall assist the Chairperson when called upon to do so and in the absence of the Chairperson shall preside over meetings of the Tribal Council. When so presiding, the Vice-Chairperson shall have all the rights, privileges, duties, and responsibilities of the Chairperson.

  3. Secretary
    The Secretary shall keep minutes of all Tribal Council, Regular and Special General Meetings; issue notice of all meetings; maintain the register of members, and have custody of all records and documents of the Tribal Council.

  4. Treasurer

    The Treasurer shall be responsible for the administration of the financial affairs of the Tribal Council according to the requirements of the Finance and Administration Ordinance.

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ARTICLE XI - AMENDMENTS

  1. The Constitution may be amended by a majority of the qualified voters of the Redding Rancheria voting at an election called for that purpose and attended by a minimum of fifty-one (51) percent of the voting members.

  2. The election shall be conducted according to the articles, rules, and regulations as set forth in this Constitution.

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ARTICLE XII - SEVERABILITY AND SAVING

  1. If any part of this Constitution is held by the Federal Court to be invalid or unconstitutional, the remainder of the Constitution shall remain and continue in effect.

  2. If this Constitution is amended, all resolutions and ordinances of the Redding Rancheria Tribal Council shall remain in effect to the extent they are consistent with the new provisions.

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ARTICLE XIII - THE INTERIM TRIBAL COUNCIL

  1. The Interim Tribal council shall continue to govern the affairs of the Redding Rancheria according to the Provisions of this Constitution until the first Tribal Council is elected.

  2. The Councilors of the Interim Tribal Council shall resign immediately prior to the election of the first Tribal Council.

  3. The first Tribal Council election shall be held the 4th day of October, 1986.

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ARTICLE XIV - CERTIFICATION OF CONSTITUTION

This Constitution was re-submitted for adoption to a duly called General Meeting of the Redding Rancheria in Anderson, California, on the 30th day of December 1989.

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CERTIFICATION

We, the undersigned duly elected officials of the Redding Rancheria, do hereby certify that the foregoing Constitution was adopted by the members of the Redding Rancheria by a vote of 25 "for" and 0 "against", at a duly called generally meeting on December 30, 1989.

   

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Chairperson

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Secretary


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