CONSTITUTION AND BYLAWS
COLORADO RIVER INDIAN TRIBES
COLORADO RIVER INDIAN RESERVATION
ARIZONA AND CALIFORNIA
[NOTE: Pursuant to an election authorized by the Secretary of the Interior on September 25, 1974, the Constitution and Bylaws of the Colorado River Indian Tribes was submitted to the qualified voters of the Tribes and was on March 1, 1975 duly adopted by a vote of 184 for and 54 against, in an election in which at least thirty (30) percent of the 483 members entitled to vote cast their ballot, 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), 25 U.S.C. § 476.
Morris Thompson, Commissioner of Indian Affairs, pursuant to authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, 25 U.S.C. § 476 and redelegated to the Commissioner by 230 DM 1.1, approved the Constitution and Bylaws of the Colorado River Indian Tribes on May 29, 1975.]
We, the members of the Colorado River Indian Tribes of the Colorado River Indian Reservation, in order to make the government established by the original constitution and bylaws approved Auaust 13, 1937, a more responsive legal tribal organization and to secure all privileges and powers offered to us by the Indian Reorganization Act, establish justice, promote the general welfare, safeguard our interests, encourage educational progress, conserve and develop our lands and resources, and to secure the blessings of freedom and liberty for ourselves and our posterity, do ordain and establish this constitution and bylaws for the Colorado River Indian Tribes of the Colorado River Indian Reservation.
The jurisdiction of the Colorado River Indian Tribes shall include all the territory within the original confines of the Colorado River Indian Reservation boundaries as established and approved by the act of March 3, 1865, and lands added thereto by Executive Order of November 22, 1873; Executive Order of November 16, 1874; Executive Order of May 5, 1876¹; and Executive Order of November 22, 1915, in Arizona and California and to which title has been given by Act of the Congress of the United States, Public Law 88-302, of April 30, 1964, and any other lands in which the Colorado River Indian Tribes acquire ownership, management, use or occupancy by virtue of purchase, gift, Act of Congress or otherwise.
Section 1. The membership of the Colorado River Indian Tribes shall consist of:
a. All persons on an official membership roll as of the effective date of this constitution and bylaws, to be prepared by the tribal officials and approved by the Secretary of the Interior. Said roll shall contain the names of all persons living on the effective date of this constitution and bylaws;
(1) whose names appear on the official Colorado River Agency Census Roll as of January 1, 1937, the January 1, 1938, and January 1, 1939, supplements thereto;
(2) those individuals born on or before August 10, 1961, who are descendants of persons named on any of the documents referred to in Section 1 a. (1) above, regardless of whether those ancestors are living on the effective date of this constitution and bylaws;
(3) those individuals of at least one-fourth (¼) degree Indian blood born after August 10, 1961, who are descendants of persons named on any of the documents referred to in Section 1 a. (1) above, regardless of whether these ancestors are living on the effective date of this constitution and bylaws;
(4) those who were adopted as members of the tribes on or before August 10, 1961; and
(5) those who were enrolled since August 10, 1961, pursuant to Article II of the tribal constitution as amended on that date. Names of persons enrolled as members of other tribes, bands or groups of Indians shall not be included on the roll. The roll may be corrected at any time by the Tribal Council, subject to the approval of the Secretary of the Interior.
b. Every child of at least one-fourth (¼) degree Indian blood born after the effective date of this constitution and bylaws [May 29, 1975] to an enrolled member of the Colorado River Indian Tribes.
Rights of Members
Section 1. Political Power.
All political power of the Tribes is inherent in the members. This constitution and bylaws is the expression of the will of the members and enumeration of rights and privileges herein shall not be construed to impair or deny others retained by the members.
Section 2. Inherent Rights.
All members of the Colorado River Indian Tribes have certain inherent rights, namely, the enjoyment of life, liberty, and the acquiring and ownership of possessions, and pursuing happiness and safety. These rights cannot be protected unless the members recognize their corresponding obligations and responsibilities.
Section 3. Bill of Rights.
All rights secured to the citizens of the United States of America by the Federal or State Constitutions shall not be impaired or abridged by this constitution and bylaws. These rights include freedom of religion, speech, the press, assembly and petition, a guarantee of due process and equal protection under the law, protection from illegal search and seizure, and expeditious trial after legal indictment or charge with opportunities for bail and protection against excessive punishment, and such other rights as may be protected by effective legislation of the Congress of the United States of America. Except as otherwise provided by this constitution and bylaws, all members of the Colorado River Indian Tribes shall be accorded equal political rights and equal opportunity to participate in the economic resources and activities of the tribes.
Section 1. The governing body of the Colorado River Indian Tribes shall be the Colorado River Tribal Council.
Section 2. Composition of Council.
The Tribal Council shall consist of nine (9) members including a chairman and vice-chairman, all of whom shall be elected by secret ballot as herein elsewhere provided.
Section 3. Officers.
The Tribal Council shall elect from within its number:
a. a secretary;
b. a treasurer, and such other officers other than the chairman and vice-chairman, as may be deemed necessary.
Section 4. Terms.
Except as otherwise expressly provided in this constitution, each member of the tribal council, and the chairman and vice-chairman, shall serve for a term of four (4) years from the date of his installation in office, or until his successor shall have been regularly elected and installed, except if removed for cause as provided in Article IX. At the first general election at which a vice-chairman is to be elected following the effective date of this constitution, the term of the person so elected shall be two (2) years. Upon the expiration of that term and thereafter, the term of office of the vice-chairman shall be four (4) years.
Section 5. Savings Clause.
All duly elected and acting members and officers of the tribal council, including the chairman and vice-chairman, under the Constitution of the Colorado River Indian Tribes in effect immediately prior to the effective date of this constitution and bylaws shall continue to serve in that capacity under this constitution until the expiration of their terms of offices as provided for in that constitution heretofore in effect, and until their successors are duly elected and installed. However, such members and officers of the tribal council shall function in their offices subject to the appropriate provisions of this constitution from and after its effective date. All ordinances and resolutions adopted by the Colorado River Indian Tribes and the tribal council under the Constitution of the Colorado River Indian Tribes in effect immediately prior to the effective date of this constitution and bylaws shall continue in force after the effective date hereof until and unless they are duly amended, modified or repealed hereunder, provided, they are not in conflict with any provisions of this constitution in which instance they shall be considered invalid from the effective date of this Constitution.
Section 6. Regular Meeting.
The tribal council shall meet the second Saturday of each month at nine o’clock in the morning at the Tribal Administration Center. If this date should fall on a holiday, the meeting will be held on the following Saturday.
Section 7. Special Meetings.
Special meetings of the tribal council shall be held at such times as are designated by the chairman or in his absence by the vice-chairman, who shall notify the members at least twenty-four (24) hours prior to the date of such meeting.
Special meetings of the tribal council shall also be held upon written request of three (3) members of the tribal council or by petition signed by one-third (1/3) of the enrolled members of the tribes, aged eighteen (18) years and older. Such written request shall be filed with the chairman or vice-chairman or secretary of the tribal council, who shall notify the tribal council members at least twenty-four (24) hours prior to the date of such tribal council meetings.
Section 8. Quorum.
At any regular or special meeting of the tribal council, six (6) members shall constitute a quorum and without such quorum, the chairman or acting chairman shall adjourn the meeting. However, should it be necessary to convene meetings when vacancies, as defined in Article IX of this constitution, exist prior to their being filled, a quorum shall be two-thirds (2/3) of the number of council members remaining in office. All actions of the tribal council shall be based upon a majority vote of the members present providing those present constitute a quorum.
Section 9. Compensation.
The members of the tribal council including the chairman and vice-chairman shall receive such compensation as designated by tribal council resolution.
Section 10. Meetings.
All regular meetings and special meetings of the tribal council shall be open to members of the tribes; non-members may attend meetings with permission of the tribal council. Visitors may speak only with the consent of the chairman.
Section 11. Access to Council Enactments.
All resolutions and ordinances of the tribal council shall be posted within fifteen (15) days after passage, for a period of thirty (30) days, at the Tribal Administration Center for the information of the members of the tribes.
Suffrage and Elections
Section 1. Voter Qualifications.
Each member of the Colorado River Indian Tribes who has attained the age of eighteen (18) years shall have the right to vote, provided he is properly registered as provided by an election ordinance adopted by the tribal council in accordance with Article IV of the bylaws. The election ordinance may include provisions for absentee voting by members of the Tribes otherwise qualified to vote who are residents of the Colorado River Indian Reservation temporarily absent from the reservation, ill, or physically disabled, but such provisions are not required by this constitution. In any election held pursuant to laws or regulations of the United States, if absentee voting is required by such laws and regulations it shall be provided in accordance therewith.
Section 2. Installations.
Elected candidates shall be installed and shall assume office on the first working day after January 1st, or in the event of a special election, they shall be installed and shall assume office immediately after certification of the results of that special election.
Section 3. Nomination of Candidates.
Any member of the Colorado River Indian Tribes who meets the qualifications specified in Article VIII, and whose name is presented at least thirty (30) days before the scheduled date of the election to the chairman, vice-chairman, or secretary of the Tribal Council on a petition signed by at least ten (10) members of the Tribes over the age of eighteen (18) shall be deemed to be nominated as a candidate for the office or position indicated in that petition. It shall be the duty of the secretary of the tribal council to post the names of all qualified candidates in a public place in the Tribal Administration Center and one other public place on the reservation at least twenty-five (25) days prior to the scheduled election.
Section 4. Candidates for Chairman and Vice-Chairman.
Candidates for the offices of chairman and vice-chairman of the Tribal Council shall specifically stand for election and be elected to those particular offices, individually and independently of all other candidates for any other elected office or position.
a. Any incumbent member of the tribal council who accepts nomination as a candidate for election to the office of chairman or vice-chairman shall submit his resignation from the tribal council on or before sixty (60) days prior to the date of the scheduled election; such resignation to be effective on the date of installation in office of those candidates elected at that scheduled election, unless the notice of resignation specifies an earlier effective date. Such resignation shall be effective notwithstanding the failure of such a person to be elected to the office of chairman or vice-chairman for which he was a candidate. Upon failure of such a candidate for the office of chairman or vice-chairman to submit his resignation from the tribal council within the time provided above, he shall be deemed to be disqualified as a candidate for that office to which he seeks election, and from election thereto, and his name shall not appear on the ballot for that office at the subject election.
b. Notwithstanding the effective date of such a resolution from the tribal council as is provided in sub-section 4. a. of this Article V, the membership upon the tribal council to which the resignation is directed shall be deemed to be vacant for the purpose of election at the same scheduled election, of a successor member of the tribal council to fill the unexpired term of the resigning member. Any candidate for election to fill the unexpired portion of that term upon the tribal council shall have his candidacy so specifically designated, and upon election his term shall be for the balance of that unexpired term.
Section 5. Conduct of Election.
By enactment of an election ordinance the tribal council shall determine the procedures and regulations governing elections, in accordance with Article IV of the bylaws. The election ordinance shall provide for a board of six members to be appointed by the tribal council to supervise the conduct of elections and certify the results of elections within one (1) day thereafter.
Section 6. Election Dates.
General elections shall be held in even-numbered calendar years on the first Saturday in December. Special elections and referendums shall be on such dates as may be designated by the tribal council with any such designations to be not less than sixty (60) days prior to the date of election.
Powers of the Tribal Council
Section 1. Enumerated Powers.
The tribal council of the Colorado River Indian Tribes may exercise the following powers subject to any limitations imposed by the Statutes or the Constitution of the United States, and subject further to all express restrictions upon such powers contained in the constitution and bylaws.
a. To negotiate and/or contract with Federal, State and local governments, on behalf of the tribes and to advise and consult with representatives of the Interior Department or other Federal agencies on all activities of the Department or such agencies that may affect the Colorado River Indian Tribes.
b. To employ accountants and also legal counsel for the protection and advancement of the rights of the Colorado River Indian Tribes and its members, the choice of counsel and the fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative.
c. To approve or veto any sale, disposition, lease or encumbrance of yribal lands, interests in lands or other tribal assets or any pledge of income, revenues or receipts derived therefrom which may be authorized or executed by the Secretary of the Interior or his authorized representative, and to sell, dispose of, lease, borrow on or encumber such lands or assets and pledge such income, revenues or receipts, as authorized by law; provided, that all sales or tribal trusts lands shall first be authorized by tribal members pursuant to the referendum proceedings provided for herein.
d. To make assignments of tribal lands to members of the Colorado River Indian Tribes and distribute tribal income or revenue among the Tribal members.
e. To negotiate and enter into business contracts and ventures, and to manage all economic affairs and enterprises of the Colorado River Indian Tribes.
f. To accept grants or donations of money or property from any persons, State or the Unites States, or from community enterprises.
g. To levy taxes and issue licenses, subject to approval by the Secretary of the Interior, upon nonmembers doing business within the reservation.
h. To administer any funds or property within the control of the tribes, to make expenditures from available funds for tribal purposes, including salaries, remuneration or expenses of tribal officials or employees, such salaries, remuneration or expenses to be paid only for services authorized in a regular and legal manner and actually rendered. All expenditures from tribal funds shall be by resolution duly approved by a majority vote of a quorum to the tribal council and the amounts so expended shall be a matter of public record at all times.
i. To determine all terms and conditions of employment of all persons employed by the tribes.
j. To promulgate ordinances providing for the removal or exclusion from the reservation of any nonmember whose presence may be injurious to the members of the tribes; but this power shall not extend to the removal of government officials, or other persons occupying reservation lands under lawful authority,
k. To promulgate civil and criminal ordinances for the safeguarding of peace, order, safety and welfare on the reservation including the establishment of courts for the adjudication of claims or disputes and for the trial and punishment of those charged with commission of offenses set forth in such ordinances.
l. To establish and maintain an up-to-date code of property and land use regulations to be known as the “Land Code.”
m. To regulate domestic relations of Indians on the reservation through appropriate ordinances and to secure the enforcement thereof, and provide for the appointment of guardians for minors, mental incompetents and the adoption of minor children by ordinances or resolutions,
n. To regulate inheritance of the rights to use or occupy tribally owned real property, except allotted lands within the reservation.
o. To make rules and regulations for the conduct of all tribal elections provided for under this Constitution and Bylaws.
p. To adopt resolutions regulating the procedure of the tribal council itself and of other tribal agencies and tribal officials within its jurisdiction.
q. To create subordinate or collateral organizations for economic, welfare, social, cultural, educational or recreational purposes, and to regulate the activities of all cooperative associations of members of the Colorado River Indian Tribes by ordinances.
r. To preserve and encourage the arts, crafts, culture and traditions of the Colorado River Indian Tribes.
s. To purchase or acquire for the Colorado River Indian Tribes through gift, grant, litigation or inheritance or any other legal means land or interests therein. The tribal council shall have the preferential right of purchase over nonmembers on the sale of allotted land within the reservation, provided that the Tribes shall meet the highest bona fide offer.
t. To make appointments for the tribal judicial system pursuant to the provisions of Article XII and ordinances enacted pursuant thereto.
u. To regulate hunting, fishing, camping and recreation on the reservation, and to enforce those regulations by appropriate ordinances.
v. To promulgate ordinances and resolutions to provide for the administration of the health, education and welfare of members of the tribes.
w. To delegate to subordinate or collateral boards, committees of officials, or to cooperative associations open to all members of the Colorado River Indian Tribes, any of the foregoing powers reserving the right to review any action taken by virture of such delegated powers.
x. To promulgate ordinances and resolutions providing for a loan program for the Tribes for the purpose of promoting economic development of the group or individuals and to finance corporate or tribal enterprises.
Section 2, Future Powers.
The tribal council of the Colorado River Indian Tribes may exercise such further powers as may be in the future delegated to the tribal council by members of the tribes or by the Secretary of the Interior, or any other duly authorized official or agency of the state or federal government.
Section 3. Reserved Powers.
Any rights and powers heretofore vested in the Colorado River Indian Tribes of the Colorado River Indian Reservation, but not expressly referred to in this constitution, shall not be abridged by this article, but may be exercised by the people of the Colorado River Indian Tribes through the adoption of appropriate bylaws and constitutional amendments.
Powers of Officers
Section 1. Chairman.
a. The Chairman shall preside over all meetings of the tribal council.
b. The Chairman shall have the power to cal special meetings of the tribal council, subject to the provisions of Article IV, Section 7.
c. The Chairman shall vote only in case of a tie vote of the Tribal Council on any issue.
d. The Chairman shall be responsible for general supervision of áll Tribal employees.
e. It shall be the responsibility of the Chairman to implement and carry out all directives of the tribal council.
f. It shall also be the responsibility of the Chairman to conduct and supervise tribal affairs in accordance with the policies and/or directives of the tribal council.
Section 2. Vice-Chairman.
a. The Vice-Chairman shall be permitted vote on all issues coming before the tribal council.
b. The Vice-Chairman shall act as Chairman in the absence or inability of the Chairman to perform his duties as specified in Section 1 of this article.
c. The Vice-Chairman shall be ex-officio member of all committees appointed by the tribal council and shall keep the tribal council informed of their activities.
Section 3. Duties of the Secretary.
a. The Secretary shall act as Chairman in case of absence or incapacity of Chairman and Vice-Chairman.
b. The Secretary shall be responsible for an accurate record of all meetings of the tribal council and other such proceedings as directed by the Chairman.
c. The Secretary shall be responsible to forward a copy of the minutes of all meetings to the Superintendent of the Colorado River Indian Agency and shall perform all other such duties as may be required of the office by the Chairman, Vice-Chairman, and the tribal council.
Section 4. Duties of the Treasurer.
a. The Treasurer shall act as Chairman in case of absence or incapacity of the Chairman, Vice-Chairman and Secretary.
b. The Treasurer of the Tribal Council shall be responsible to accept, receive, receipt for, preserve and safeguard all funds in the custody of the tribal council, whether same be tribal funds or special funds for which the tribal council is acting as trustee or custodian. He shall be responsible to deposit all funds in such bank or elsewhere as directed by the tribal council and shall be responsible to make and preserve a faithful record of such funds and shalt be responsible to report in writing to the tribal council annually and at such other times as requested by the tribal council.
c. He shall not pay out or otherwise disburse any funds in his possession or custody of the tribal council except when properly authorized to do so by resolution duly passed by the tribal council.
d. The books and records of the treasurer shall be audited at least once each year by a competent auditor employed by the tribal council and at such other times as the tribal council or the Commissioner of Indian Affairs may direct.
e. The Treasurer shall be required to give a bond satisfactory to the tribal council and to the Commissioner of Indian Affairs, except that until he has been bonded, the tribal council may make such provision for the custody and disbursement of funds as shall guarantee their safety and proper disbursement and use.
Qualifications of Elected Officials
Section 1. Any person to be elected as a member of the tribal council or as Chairman or Vice-Chairman at the time of that election must have attained the age of twenty-five (25) years, must be an enrolled member of the Colorado River Indian Tribes, and must have maintained a true domicile within the exterior boundaries of the Colorado River Indian Reservation and physically and continuously resided therein for a period of not less than one (1) year. The tribal council shall make the sole determination of the qualifications of its members and of the Chairman and Vice-Chairman.
Vacancies, Removal and Recall
Section 1. Vacancies.
If a member of the tribal council of the Chairman or Vice-Chairman shall die, resign, or cease to maintain a true domicile within the exterior boundaries of the Colorado River Indian Reservation and physically and continuously reside therein for a period in excess of ninety (90) days, or if such a person shall be found guilty while in office of a felony, or of a misdemeanor or other criminal offense involving dishonesty or moral turpitude, in any Indian, state for Federal court, the tribal council shall declare the position vacant.
If a member of the tribal council or the Chairman or Vice-Chairman fails to attend three (3) consecutive regularly scheduled meetings of the tribal council, upon an affirmative vote of not less than five (5) members of the tribal council the office of the delinquent person shall be deemed to be vacant.
Section 2. Removal.
The tribal council may, by an affirmative vote of two-thirds (2/3) of the number of council members present at a valid meeting called for removal purposes, remove from office any member including the Chairman and ViceChairman for neglect of duty or gross misconduct, provided that the accused member shall be given full and fair opportunity to confront his accusers and reply to any and all charges at a designated tribal council meeting, regular or special, and, provided further, that the accused member shall have been given a written notice by certified mail of the charges against him at least five (5) days before the meeting at which he is to appear.
Section 3. Recall.
Upon a receipt of a petition signed by the eligible voters of the tribes, at least one-third (1/3) of the number of voters who were registered for the last regular tribal election, the tribal council shall call a special election to be held within thirty (30) days after receiving the petition to call a special election for the recall of any member or members of the Tribal Council, including the Chairman and Vice-Chairman named in such a petition. In the event that a majority of those voting in such election approve of a tribal council member’s recall from office, the office shall be •declared vacant and the tribal council shall proceed in the usual manner to hold an election to fill the said vacancy.
The tribal council may, by affirmative vote of at least six (6) of its members present at a valid meeting, call for a special election for the recall of the Chairman and/or Vice-Chairman of the tribal council, subject to the same provisions specified in Section 2 of this article. Any such election shall be called and held in the manner specified in this section.
Section 4. Special Elections.
Vacancies on the tribal council, including positions of Chairman and Vice-chairman, shall be filled for the remainder of the term by a special election called by the tribal council for the purpose of filing the vacancies except as provided in sub-section 4b, of Article V. The election shall be held sixty (60) days after the vacancy occurs, except in the event that the election day falls on a Sunday or holiday; then it shall be held the following day. In the event that a vacancy occurs six (6) months or less before the regular general election provided for in Article V, Section 6, of this Constitution, the tribal council may at its discretion leave the position vacant until that election.
Section 1. Upon receipt of a petition signed by the eligible voters of the Colorado River Indian Tribes constituting at least one-third (1/3) of the number of voters who were registered at the last regular tribal election, or upon the request of a majority of the members of the tribal council present at a valid meeting, any enacted or proposed ordinance or resotutíon shall be submitted to popular referendum within thirty (30) days, and the vote of a majority of the qualified voters jn such referendum shall be conclusive and binding on the tribal council, provided that at least thirty (30) percent of the registered voters shall vote in such election.
Section 1. Whenever the tribal council by an affirmative vote of at least six (6) members calls for the submission to the members of the tribes of an amendment to this constitution and bylaws the Secretary of the Interior shall be requested to call an election. If the amendment is adopted by a majority vote of the registered voters of the tribes voting thereon, and if at least thirty (30) percent of the registered voters of the tribes shall vote in such election, subject to any procedures or provisions required by federal law or regulations, such amendment shall take effect as prescribed by Federal law and regulations upon approval by the Secretary of the Interior.
Section 1. Judiciary.
The judiciary power of the Colorado River Indian Tribes shall be vested in a tribal court having trial jurisdiction and an appeals court having appellate jurisdiction over matters and persons subject to their jurisdiction as provided by this constitution and bylaws, the ordinances of the tribes, and the authority of the constitution and laws of the United States.
Section 2. Jurisdiction.
The judicial power of the courts of the Colorado River Indian Tribes shall extend to all cases and matters in law and equity arising under this constitution and bylaws, and the ordinances of the tribes, subject to any limitations, restrjctjons or exceptions imposed by or under the authority of the Constitution or laws of the United States.
Section 3. Trial by Jury.
The trial of all criminal offenses shall be by a jury of not less than three (3) jurors, unless a jury trial is waived in writing by the defendant, or all defendants if more than one is to be tried at a common trial. If the offense is punishable by imprisonment, not less than six (6) jurors shall be allowed as provided by the so-called Indian Civil Rights Act.
Section 4. Judicial Code.
The tribal council shall enact a judicial code governing the operation and procedures of the judiciary of the tribes and the exercise by it of judicial power.
COLORADO RIVER INDIAN TRIBES
Section 1. Conduct of Meetings.
The order of business at any regular or special meeting of the tribal council shall be as follows:
(1) Call to order by the presiding officer.
(2) Roll call.
(3) Reading of the minutes of the last meeting.
(4) Unfinished business.
(6) New Business.
An office of enrollment and statistics shall be established within the tribal government in order to maintain an official roll of members of the Colorado River Indian Tribes and to furnish the tribal council and working committees with vital statistics on the reservation population. This roll shall be certified by the tribal council on a semi-annual basis.
Installation of Councilmen
Newly elected member(s) of the tribal council who have been duly certified shall be installed at the time specified in the tribal constitution and upon subscribing to the following oath which shall be administered by the tribal judge or associate judge.
“I, _______ , do solemnly swear that I will support and defend the Constitution of the United States 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 Colorado River Indian Tribes in accordance with the Constitution and Bylaws of the Colorado River Indian Tribes.”
Conduct of Elections
The tribal council shall develop a set of election regulations to be executed by an impartial elected board. Such election ordinance shall be reviewed annually and posted ninety (90) days before the date of the election and shall provide for registration of voters in advance of election day, secret balloting, and a means for settling election disputes.
Ordinances and Resolutions
Section 1. Ordinances.
All final decisions of the tribal council on matters of general and permanent interests to the members of the tribes shall be embodied in ordinances. Such ordinances shall be collected and published from time-to-time for the information and education of the members of the Tribes.
Section 2. Resolutions.
All final decisions of the tribal council on matters of temporary interest, such as action on the Tribal budget for a single year, or petitions to Congress or the Secretary of the Interior, or relating especially to particular individuals or officials, such as adoptions of members, instructions for reservation employees or rules of order for the tribal council, shall be embodied in resolutions. Such resolutions shall be duly executed and recorded in a special book which shall be open to inspection by tribal members.
Section 3. Council Voting Procedure.
All questions of procedure, such as acceptance of committee reports or invitations to outsiders to speak, shall be decided by motion of the tribal council or by ruling of the Chairman if no objection is heard. In all ordinances, resolutions, or motions, the Tribal Council may act by majority vote, except as may be expressly provided otherwise in the vonstitution, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement.
Section 4. Document Format.
Every ordinance shall begin with the words:
“Be it enacted by the Tribal Council of the Colorado River Indian Tribes.”
Every resolution shall begin with the words:
“Be it resolved by the Tribal Council of the Colorado River Indian Tribes of the Colorado River Indian Reservation.”
The constitution and bylaws shall be effective when and if adopted by a majority vote of the qualified voters of the Colorado River Indian Tribes of the Colorado River Indian Reservation voting at an election authorized for that purpose by the Secretary of the Interior or his designee, provided at least thirty (30) percent of those eligible to vote shall vote in such election, and upon approval by the Secretary of the Interior or his designee. The prior existing Constitution and Bylaws of the Colorado River Indian Tribes shall be rescinded and of no further force and effect as of the date approval is given.
¹So in original. Should read May 15th 1876.