/Americas/quin_con.txt
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DOCUMENT: QUIN_CON.TXT
C O N S T I T U T I O N
O F T H E
Q U I N A U L T I N D I A N N A T I O N
ADOPTED MARCH 22, 1975
Quinault Indian Nation
Constitution Amended-Approved 04/04/89
Article III., Sec 3.(f)
July 20, 1995
PREAMBLE
We, the Indians of the Quinault Indian Nation, in order
to establish a better tribal organization; to preserve our
land base, culture and identity; to safeguard our interest
and general welfare; to secure the blessings of freedom and
liberty for ourselves and for our posterity; and to amend
our By Laws of August 22, 1922, as amended, do hereby
approve and adopt this Constitution.
ARTICLE I - SOVEREIGNTY
SECTION 1 - SOVEREIGNTY: Notwithstanding the issuance
of any patent, the jurisdiction and governmental power of
the Quinault Nation shall extend to: (a) all lands,
resources, and waters reserved to the Quinault Nation
pursuant to the Treaty of Olympia, 12 Stat. 971, established
by Executive Order dated November 4, 1873 (I Kapp. 923) and
to all persons acting within the boundaries of those
reserved lands or waters; (b) all usual and accustomed
fishing grounds, open and unclaimed lands reserved for
hunting and gatherings and other lands necessary for the
appropriate use of fishing and hunting grounds; and all
members exercising tribal hunting, gathering and fishing
rights on or off the Quinault Reservation in Quinaults usual
and accustomed fishing grounds or: (c) all lands or waters
held by the United States in trust or reserved by the
Quinault Nation for the use and benefit of any member of
the Quinault Tribe when such lands or waters are not within
the boundaries of an established Indian Reservation; (d) all
members of the Quinault Nation while such members are within
the boundaries of the United States of America or any of its
Reservations, states, territories, possessions, zones, or
districts; except where such jurisdiction is expressly
limited by the laws of the United States; (f) offshore
marine waters for a distance concurrent with the
jurisdiction of the United States.
SECTION 2 - GENERAL WELFARE: It shall be the goal of
the Quinault Nation to provide for the general safety and
welfare of all persons acting by the right of membership in
the Quinault Nation or acting or residing within the
jurisdiction of the Quinault Nation.
ARTICLE II - ENROLLMENT
SECTION 1 - MEMBER: (a) Any person of 1/4 Quinault,
Queets, Quileute, Hoh, Chinook, Chehalis, or Cowlitz blood
of one of the named Tribes or combined, not a member of any
other federally recognized Indian tribe. (b) Any person
adopted into the Nation by a majority vote of the General
Council, at a regular annual meeting of that council. The
ownership of trust land on the Quinault Reservation shall be
an important consideration in recommending adoption, but
such ownership shall not be considered a necessary or
sufficient qualification or condition for a recommendation
of adoption. Adoption procedures. (1) A person applying for
adoption must appear in person to the Quinault Enrollment
Office to obtain the adoption application form and petition
form (2) A person applying for adoption must have their
petition signed by 50 tribal enrolled members who have
registered in the past two (2) Annual General Council
Meetings. This petition will remain in the Enrollment Office
(This is to make sure people who have signed the petition
are enrolled members). (3) The Enrollment Committee shall
request the Business Committee to prepare a ballot for each
applicant who has met the criteria of 1 and 2 above to be
presented to the Annual General Council Meeting. (4) The
petition will be posted 30 days before the Annual General
Meeting. (5) Applicant must be present at the Annual General
Council Meeting with one enrolled member to speak on his/her
behalf. Failure to attend the meeting shall nullify the
current application/petition. (6) Adoptions will not be
allowed from the floor without following the above
procedures.
SECTION 2 - ENROLLMENT COMMITTEE: (a) Membership. The
enrollment committee shall consist of not less than four
(4), nor more than nine (9) members of the Quinault Nation,
appointed by the Business Committee. (b) Duties. The
enrollment committee shall: (1) accept applications for
enrollment and adoption, (2) investigate all applications
for enrollment and adoption, (3) approve all applications
for enrollment where applicants qualify for membership in
the Quinault Nation under the provisions of this
Constitution. A list of all persons approved for enrollment
during the interim between annual General Council meetings
shall be published and posted publicly in places determined
to be appropriate to inform the general membership of
pending enrollment thirty (30) days prior to the next annual
General Council meeting and presented by the enrollment
committee to the General Council at the next annual General
Council meeting, (4) recommend to the General Council for
their vote, persons approved by the enrollment committed for
adoption into the Quinault Nation; a list of such persons
shall be posted with the pending enrollment list, (5)
participate in the interviewing and hiring of an enrollment
clerk, (6) issue an official notice of denial of enrollment
to any person, who, after all due investigation by the
enrollment committee is found not to be qualified for
enrollment in the Quinault Nation, (7) issue an official
notice of denial of recommendation to any person, who, after
all due investigation by the enrollment committee is found
not to be acceptable for a recommendation of adoption.
SECTION 3 - APPROVED APPLICANTS: All persons approved
for enrollment by the enrollment committee shall be
considered members for all purposes until their names are
presented at an annual General Council meeting; provided,
persons approved for enrollment shall not be permitted to
vote on the enrollment or adoption of any person.
SECTION 4 - APPEALS: (a) Persons denied enrollment by a
final act of the enrollment committee may appeal the
decision of the enrollment committee to the General Council
and if denied by the General Council may appeal to the
Quinault Tribal Court. Persons denied enrollment may request
a recommendation of adoption. (b) Persons denied a
recommendation of adoption by a final act of the enrollment
committee may request that the General Council adopt them at
an annual meeting of the Council. The decision of the
General Council shall be final.
SECTION 5 - OBJECTIONS TO ENROLLMENT: Any member may
object to the enrollment of any person approved for
enrollment at the time the name of that person approved for
enrollment is presented to the General Council by the
enrollment committee. The name of the member objecting shall
be recorded and that objecting member shall have ninety (90)
days to present sufficient evidence to cause reexamination
of the enrollment application to the enrollment committee.
During that ninety (90) day period and during any
disenrollment investigation, the person objected to shall
exercise the rights of a member. If ninety (90) days shall
pass without sufficient evidence being presented to the
enrollment committee to cause the enrollment committee to
reinvestigate the application. the person objected to shall
be enrolled.
SECTION 6 - DISENROLLMENT: (a) The enrollment committee
shall not begin review of the enrollment of a member without
first notifying a person subject to a disenrollment
investigation that he or she is subject to such an
investigation and allowing such person to view all evidence
being used to question member status. (b) the enrollment
committee in a disenrollment investigation shall follow all
procedures set out herein for enrollment, including
presentation of the names of any finally disenrolled person
to the General Council at the next annual meeting of that
Council. (c) exclusive grounds for disenrollment shall be
that a person submitted fraudulent evidence in the
application for enrollment in the Quinault Nation in order
to qualify under the provisions of this Constitution, (d)
Persons finally disenrolled shall have the right to appeal
their disenrollment to the Quinault Tribal Court.
SECTION 7 - DISENROLLMENT OF ADOPTED MEMBERS: Adopted
members may be disenrolled by the General Council upon
recommendation of the Business Committee pursuant to the
procedure established in this section when it appears that
their continued enrollment is not in the best interest of
the Nation. (a) The Business Committee shall have exclusive
authority to initiate disenrollment proceedings against an
adopted member. (b) If the Business Committee after allowing
an adopted member an opportunity to be heard finds that the
continued enrollment of an adopted member is not in the best
interest of the Nation it may recommend disenrollment to the
General Council. (c) A Business Committee recommendation of
disenrollment shall be placed on the published agenda of the
next annual General Council meeting in action. (d) The
decision of the General Council on the question of
disenrollment of an adopted member shall be final and shall
not be subject to judicial review.
ARTICLE III - GENERAL COUNCIL
SECTION 1 - MEMBERSHIP IN THE GENERAL COUNCIL: All
members, including adopted members of the Quinault Nation
shall be members of the General Council.
SECTION 2 - VOTING: Members of the General Council age
18 years or more, who are present at the appointed time and
place of elections shall be permitted to vote in General
Council meetings.
SECTION 3 - MEETINGS: (a) The annual meeting of the
General Council shall be held on the last Saturday in March
at a place within the boundaries of the Quinault
Reservation. (b) All meetings of the General Council shall
be announced by the Business Committee by posting notices at
Taholah, Queets, Amanda Park and any other place determined
by the Business Committee at least ten (10) days in advance
of the meeting and by publishing notice in a newspaper of
general circulation in the vicinity of the Reservation. (c)
Special meetings may be called by the Business Committee or
by fifty (50) voting members by giving and posting the
required notice. (d) The purpose of the General Council
meetings shall be to elect or recall the members of the
Business Committee and to declare the will of the General
Council on issues placed before the General Council by the
agenda and by persons raising issues at any meeting. (e) A
quorum for conducting business at any meeting shall be fifty
(50) voting members. (f) The agenda for the annual meeting
shall be published by the Secretary of the Tribe. All items
to be placed on the published agenda shall be submitted to
the Secretary thirty (30) days in advance of the annual
meeting. Items on the published agenda shall be considered
before the general session. A general session agenda shall
be established by the Secretary. The Secretary shall accept
general session agenda items no sooner than thirty (30) days
before the annual meeting nor no later than the lunch break
of the day of the annual meeting. (g) In addition to the
annual meeting, quarterly General Council meetings may be
held.
SECTION 4 - BILL OF RESERVED POWERS: The following
powers shall be reserved to the General Council and the
Business Committee or other agency of the Nation shall be
required to obtain the advice and consent of the General
Council prior to taking any action with regard to these
powers. Any action the Business Committee shall take with
regard to these powers without obtaining the advice and
consent of the General Council shall be void and have no
legal effect. (a) The relinquishment of any National
criminal or civil jurisdiction to any agency, public or
private; provided, that this section shall not prevent the
Business Committee from commissioning non-National or non-
Bureau of Indian Affairs peace officers to enforce National
laws and regulations. (b) The termination of the Quinault
Reservation. (c) The adoption of persons into the Nation.
(d) The sale of hunting or fishing rights, grounds or
stations. (e) Any other act which jeopardizes any treaty
right of the Quinault Nation; or is prohibited to the
Business Committee by this Constitution, or by instruction
of the General Council, without prior approval of the
General Council.
ARTICLE IV - BUSINESS COMMITTEE
SECTION 1 - OFFICERS: The officers of the Nation shall
consist of the President, the Vice-President, Secretary and
Treasurer and seven (7) Councilmen. The said eleven (11 )
officers shall constitute the Business Committee of the
Quinault Nation and all shall have the right to vote on
issues brought before the Business Committee.
SECTION 2 - QUORUM: A quorum of the Business Committee
shall consist of at least six (6) officers, including the
President and Vice-President, and decisions shall be made by
a majority vote of those present. In the absence of the
President and Vice-President, no meeting shall be held
unless an officer has been duly appointed by the President
or the Vice-President to chair the meeting.
SECTION 3 - ELECTION: The officers shall be elected at
the annual meeting of the General Council and shall serve
three year staggered terms. Nominations shall be made from
the floor. Election shall be by secret ballot. No absentee
ballots shall be allowed. Officers shall be elected one at a
time. When during the course of any General Council meeting,
any presently serving officer shall be elected to fill any
other position on the Business Committee, the position
vacated by the election shall be immediately filled by
electing another qualified person to the remainder of the
term of the vacated position.
SECTION 4 - QUALIFICATIONS: Any enrolled member who
maintains permanent residence within the Reservation
boundaries, is present at the election, and is entitled to
vote in the General Council, shall be eligible to be elected
as an officer of the Nation, provided that no more than one
brother, sister, father, mother, husband, wife or child of
any person already serving as an officer may be elected as
an officer. Officers moving their residence outside the
boundaries of the Reservation during their term of office
will be considered to have resigned from the Business
Committee.
SECTION 5 - REMOVAL: (a) Any officer who is absent from
three consecutive regular Business Committee meetings
without an excuse acceptable to the Business Committee or
who commits acts in violation of his position of trust as an
officer of the Quinault Nation shall be removed from office.
(b) Prior to removal pursuant to (a) above, the officer
whose removal is contemplated shall be given a reasonable
opportunity to answer charges and a written statement of the
charges against him shall be made available to him fifteen
(15) days prior to said meeting. (c) An officer who has been
removed shall have the right within thirty (30) days to file
an appeal to the General Council. In the event of such an
appeal, the Business Committee shall promptly call a special
meeting of the General Council, at which special meeting, it
shall be decided whether the removed officer shall be
permanently removed. Failure to obtain a quorum of the
General Council at such a special meeting shall be
considered affirmation of removal of any officer.
SECTION 6 - RECALL: Any officer may be removed for any
reason by vote of the General Council on a recall petition,
specifying the reasons for removal. A recall petition shall
be signed by at least fifty (50) qualified voters, and filed
with the Business Committee. Upon the filing of such a
petition, the Business Committee shall promptly call a
special meeting of the General Council. Written notice of
the petition shall be given to the officer at least fifteen
(15) days prior to the meeting, and he shall be entitled to
state his case before the General Council. The decision of
the General Council shall be final. Failure to obtain a
quorum at such a General Council meeting shall require the
dismissal of the recall petition and no new recall petition
may be filed against the officer in question for a period of
one year following said meeting.
SECTION 7 - VACANCIES: Vacancies on the Business
Committee shall be filled no more than sixty (60) days
following the occurrence of a vacancy by a 2/3 vote of a
quorum of the remaining officers; provided, that such
appointee is a voting member of the Nation and is otherwise
qualified. The vacancy shall be filled by election at the
next General Council meeting for the remainder of the
existing term. No person not elected to the Business
Committee by the General Council shall be appointed to the
position of President or Vice-President.
SECTION 8 - MEETINGS: Regular open meetings of the
Business Committee shall be held at least once in each month
on a regular schedule set by the Business Committee. Special
meetings may be called on a reasonable notice to all
officers. Executive sessions of the Business Committee may
be held on majority vote of the Committee. All regular
meetings shall be held within the boundaries of the Quinault
Reservation.
SECTION 9 - BY LAWS: The Business Committee shall by
ordinance adopt its own procedures and duties of officers,
except as herein provided.
ARTICLE V - POWER AND RESPONSIBILITIES
OF THE BUSINESS COMMITTEE
SECTION 1 - GENERAL: It shall be the duty of the
Business Committee to govern all people resources, lands.
and waters under the jurisdiction of or reserved to the
Quinault Nation in accordance with this Constitution, the
Quinault Tribal Code of laws, the Quinault Treaty, the laws
of the United States expressly limiting the powers of the
Quinault Nation, and the instructions of the General
Council. Any rights, powers and authority expressed,
implied, or inherent vested in the Nation but not expressly
referred to in this Constitution shall not be abridged. by
this Article, but shall be exercised by the Business
Committee or the General Council by the adoption of
appropriate ordinances and agreements.
SECTION 2 - LAWS: The Business Committee shall have the
power to enact laws for the welfare of the Nation; provided,
however, that such laws are not in conflict with this
Constitution, and that public hearings be held on each such
law prior to their adoption.
SECTION 3 - POWERS: The Business Committee shall have
the power: (a) To enter into agreements on behalf of the
Nation with federal, state, and local governments or
agencies, and other public and/or private organizations or
persons; provided, that these agreements are not in conflict
within this Constitution, the instructions of the General
Council, or the laws of the Quinault Nation. (b) To provide
for the execution and enforcement of the laws of the
Quinault Nation; and to establish an independent Tribal
Court, and to provide by law for its jurisdiction,
procedures, and appointment or election of its judges; and
to charter and regulate associations, corporations for
profit and not for profit, towns, special districts,
schools, religious institutions, financial institutions and
all other entities; and to establish National enterprises as
branches of the National government. (c) To levy and collect
taxes on members and other persons or entities within the
National jurisdiction; provided, that no tax shall be levied
on trust real property; further provided that no tax shall
be levied without holding public hearings convenient in time
and place to all members of the Quinault Nation and those
subject to its jurisdiction; to determine the need for, and
effect of, such a tax. (d) To assert the defense of
sovereign immunity in suits brought against the Nation and
to waive the said defense by agreement where National realty
or personalty not held in trust by the United States is
pledged or when property held in trust by the United States
is pledged with the consent of the United States. (e) To
govern the sale, disposition, and lease of tribally owned
assets, and to provide for the zoning and other land use
regulation of all lands within the boundaries of the
Reservation and the jurisdiction of the Quinault Nation; and
for the purity, volume, and use of all water to which the
Quinault Nation and the Quinault people are entitled; and
for the purity of the air within the Quinault Reservation.
(f) To manage, lease, permit, sell, or otherwise deal with
tribally owned lands, tribally owned interests in lands,
water rights, fishing stations, mineral rights, hunting
grounds, fish and wildlife resources; or other tribally
owned assets, and to purchase or otherwise acquire lands or
interests in lands within or without the Reservation, and to
hold those lands in tribal or federal trust and to regulate
allotted trust and non-trust lands within the Reservation
boundaries insofar as such regulation is not prohibited by
federal law and does not violate the rights of owners;
provided, that tribally owned lands held in trust by the
United States shall not be sold or encumbered unless
authorized by the General Council. The authority to manage
National lands and timber may be delegated to a special
committee or committees. (g) To engage in any business that
will further the economic well being of the Nation and of
the members of the Nation, or undertake any program or
projects designed for the economic advancement of the people
or the Nation; and to regulate the conduct of all business
activities with the Reservation boundaries. (h) To borrow
money from the federal government or other sources. to
direct the use of such funds of productive purposes, and to
pledge or assign chattels or income due or to become due.
(i) 1--To administer any funds within the control of the
Nation in accordance with an approved National budget; to
make expenditures from available funds for tribal purposes
including salaries and expenses of tribal employees or
officials, 2--The Business Committee shall prepare an annual
Nation budget, 3--This budget shall include all normal
operating expenses, any special projects or expenditures
contemplated by the Nation, 4--All expenditures of tribal
funds by the Business Committee shall be authorized by it or
by the General Council in legal session and the amounts so
expended shall be a matter of public record. 5--The Business
Committee shall have authority to approve amendments to the
Nation's annual budget for special appropriations in any
budget year. 6--The approved budget shall be posted at the
National Business Office in Taholah, Queets, and the Post
Office in Taholah. (j) To provide for an escheat in order
that real and personal property of members who die intestate
and without heirs shall revert to the Nation. (k) To manage,
protect and preserve the wildlife and natural resources of
the Nation and to regulate hunting, fishing, including
shellfishing, and trapping within the jurisdiction of the
Nation. This power may be delegated to a special committee
or committees. (I) On petition by fifty (50) voting members
of the Nation or on its own motion, the Business Committee
shall, within a reasonable time, hold a general membership
election by secret ballot on any issue. (m) All officers and
employees of the Nation who have possession of tribal funds
shall account for same periodically to the Business
Committee. All officers and employees handling National
funds shall be bonded. There shall be an annual audit of the
National funds handled by National officers or employees to
be performed by the Bureau of Indian Affairs or Certified
Public Accountants. (n) To condemn land or interest in lands
for public purposes within the boundaries of the
Reservation; provided that owners of the lands condemned
shall be paid the fair market value of such lands and any
timber or buildings thereon. (o) To exact all laws which
shall be necessary and proper for carrying into execution
any power delegated to the Business Committee or delegated
to any person or committee under the supervision of the
Business Committee. (p) To govern the inheritance of real
and personal property owned by members.
ARTICLE VI - RATIFICATION
This Constitution shall go into effect when ratified by
two thirds (2/3) of all members eligible to vote, present
and voting at a General Council meeting at which a debate
and vote on this Constitution has been placed on the agenda.
All enrolled members of the Quinault Nation shall be
notified of such a General Council meeting at least thirty
(30) days prior to such a meeting, and the notice provided
shall make specific reference to the proposed ratification
of this Constitution. Election of officers provisions shall
not take effect until the annual meeting of the General
Council following the adoption of this Constitution.
ARTICLE VII - AMENDMENT
SECTION 1: This Constitution may be amended by a two
thirds (2/3) vote of a quorum of the General Council at an
annual or special meeting provided, however, that the notice
of the meeting at which an amendment is proposed shall be
given at least thirty (30) days before the meeting, and
shall set forth the proposed amendment and an explanation
thereof; and provided further that after discussion of the
amendment at the meeting there shall be a recess of at least
30 minutes to enable the members to further discuss the
amendment among themselves.
SECTION 2: The Business Committee shall call a meeting
to consider a proposed amendment upon its own motion, or
upon receipt of a petition signed by fifty (50) voting
members or upon resolution of the General Council.
ARTICLE VIII - ENFORCEABILITY
The provisions of the Constitution shall be enforceable
exclusively in the Quinault Tribal Court and in the Federal
Courts of the United States where provided by federal law,
and shall not be enforceable in any other court, except
where the Quinault Tribe brings suit in its own name in any
other Court. This section shall not be interpreted as a
consent to suit or waiver of sovereign immunity by the
Quinault Indian Nation.
ARTICLE IX - APPROVAL OF SECRETARY OF INTERIOR
The Secretary of the Interior shall have the power to
review actions taken pursuant to the herein named powers and
all other National powers, but only in those cases and only
to the extent that the Secretary has been given such powers
of review by express statutory command of the Congress of
the United States.
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