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Last amended: 2001
Article VI - Removal, Recall and Forfeiture
Article VIII - Powers of the Tribal Council
Bylaws of the Cold Springs Rancheria
Article I - Duties of Officers
Certificate of Results of Election
Last amended: 2001
We, the people of the Cold Springs Rancheria in Fresno County, California,
in order to establish a formal organization and promote our common welfare,
do hereby adopt this constitution and bylaws which shall supercede the Amended
Articles of Association of the Sycamore Valley Association adopted April 11,
1970.
The name of this organization shall be the Cold Springs Rancheria.
The jurisdiction of the Cold Springs Rancheria, not inconsistent with applicable
Federal and State Laws, shall extend to all lands now or hereafter comprising
the Cold Springs Rancheria.
Section 1. Membership in the Cold Springs Rancheria shall consist persons in the following categories:
(a) All individuals who were listed as distributees or dependent members of distributees in the Plan for Distribution of Assets of the Cold Springs Rancheria as approved by the Secretary of the Interior on August 26, 1960.
(b) All persons who qualify and were recognized as members of the Sycamore Valley Association on the effective date of this constitution, January 2, 1980.
(c) Persons who are lineal descendants of individuals eligible for membership under (a) and (b) above, regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendants possess at least one-fourth (1/4) degree California Indian blood.
Having been duly adopted and approved, proposed Amendment I is hereby designated as Amendment No. I to the Constitution and Bylaws of the Cold Springs Rancheria.
CERTIFICATE OF APPROVAL
/s/
Acting Regional Director
April
23, 2001
Date
[Digitizer's note: day might be 29; fax is unclear.]
Sec. 2. A person who has been allotted on another reservation or is officially enrolled with or is a recognized member of some other tribe or band shall not be enrolled. A "recognized member of another tribe or rancheria" is a person whose name is listed on the membership roll of another tribe or rancheria, or has received a land use assignment on another reservation.
Sec. 3. The official membership roll shall be prepared in accordance
with an ordinance adopted by the governing body and approved by the Secretary
of the Interior or his authorized representative. Such ordinance shall contain
provisions for enrollment procedures, enrollment committees, application form,
approval or disapproval of applications, rejection notice, appeals, corrections
and provisions for keeping the roll on a current basis.
Sec. 2. General Council. The general council shall consist of
all enrolled members of the rancheria, eighteen (18) years of age or older.
The general council shall exercise those authorities delegated to it by this
constitution and bylaws.
Sec. 2. Qualification of Candidates. A candidate for
the position of chairperson or vice-chairperson must be a qualified voter of
the Cold Springs Rancheria twenty-five (25) years of age or older. Any qualified
voter regardless of age is eligible to be a candidate for secretary-treasurer
and members of the council.
Sec. 3. All elections of tribal officials shall be by secret
ballot.
Sec. 5. Nominations. The time, place and manner of
nominations shall be specified in the election ordinance adopted pursuant to
Section 6 of this constitution.
Sec. 6. Election Ordinance. An election ordinance shall
be adopted by the general council within six (6) months following the effective
date of this constitution. Such ordinance shall include but not be limited to
the following provisions: secret balloting; nomination of candidates; absentee
balloting; and a procedure for resolving election disputes.
Provisions should also be included regarding the conduct of recall and referendum elections and a uniform procedure for submitting petitions. Elections to amend this constitution shall be conducted in accordance with Article XI of this constitution.
The election shall be conducted pursuant to the election ordinance. Once an individual has been subjected to recall proceedings, he shall not again be subject to such action during the balance of his term of office.
Sec. 3. Forfeiture. If any member of the tribal council
shall be found guilty of a felony in any Federal or State Court, shall die,
resign or is absent without being excused by the tribal council for more than
three (3) consecutive meetings in succession, he shall automatically forfeit
his office.
Section 1. Any office which has been vacated, whether it be
by removal, recall or forfeiture, shall be filled by appointment of the tribal
council at its next meeting and such replacement shall serve the unexpired term
of office.
Section 1. The tribal council shall have powers and responsibilities
hereinafter provided, subject to any limitations imposed upon such powers by
the statutes and laws of the United States or the State of California.
(a) To consult, negotiate, contract or conclude agreements with Federal, State and local governments on activities which may affect the Cold Springs Rancheria. .
(b) To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative.
(c) To receive advice from and make recommendations to the Secretary of the Interior with regard to all appropriation estimates for all projects which are for the benefit of members of the Cold Springs Rancheria prior to the submission of such estimates to the Office of Management and Budget and Congress.
(d) To manage, lease or otherwise operate all unassigned tribal property and to control the use of and development on assigned tribal lands. Toward this end the tribal council shall within one (1) year of the effective date of this constitution and bylaws submit for ratification to a referendum vote of the rancheria a land assignment and land use ordinance.
(e) To acquire property and to accept gifts.
(f) To join and/or charter tribal housing authorities.
(g) To charter tribal enterprises, corporations and associations.
(h) To prescribe rules and regulations governing future membership, loss of membership and the adoption of members.
(i) To administer tribal assets and manage all economic affairs and enterprises of the rancheria.
(j) To promote the peace, safety, health and general welfare of the members of the rancheria.
Sec. 2. Any rights and powers heretofore vested in the Cold
Springs Rancheria, but not expressly referred to in this constitution, shall
not be lost by reason of their omission but may be exercised by the tribal council
through the adoption of appropriate amendments to this constitution and bylaws.
Special meetings of the tribal council may be called by the chairperson and shall be called by him upon receipt of a petition signed by at least three (3) council members and when so called, the tribal council shall have power to transact business as in regular meetings provided that a quorum is present. Members shall be notified at least three (3) days in advance of all special tribal meetings.
Sec. 2. A quorum of the tribal council shall consist of four
(4) members of the tribal council. No business shall be transacted unless a
quorum is present.
Sec. 3. Regular meetings of the general council shall be held
quarterly on the Cold Springs Rancheria. The date, time and place of such meetings
shall be determined by the tribal council. Special meetings of the general council
may be called by the chairperson and shall be called by him upon receipt of
a petition signed by at least fifty-one percent (51%) of the members of the
general council.
Sec. 4. A quorum of the general council shall consist of fifty-one percent
(51%) of the general council. No business shall be conducted unless a quorum
is present.
Section 1. All members of the rancheria shall enjoy without hindrance,
freedom of worship, conscience, speech, press, assembly and association.
Sec. 2. This constitution and bylaws shall not in any way
alter, abridge, or otherwise jeopardize the rights and privileges of the members
of the rancheria as citizens of the State of California or the United States.
Sec. 3. The individual property rights of any member of the
Cold Springs Rancheria shall not be altered, abridged or otherwise affected
by the provisions of this constitution and bylaws.
Sec. 4. Tribal members shall have the right to review all
tribal records, including financial records, at any reasonable time in accordance
with procedures established by the tribal council.
Sec. 5. In accordance with Title II of the Indian Civil Rights
Act of 1968 (82 Stat. 77), the Cold Springs Rancheria in exercising its powers
of self- government shall not:
(a) Make or enforce any law prohibiting the full exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
(b) Violate the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizure, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
(c) Subject any person for the same offense to be twice put in jeopardy;
(d) Compel any person in any criminal case to be a witness against himself;
(e) Take any private property for a public use without just compensation;
(f) Deny to any person in a criminal proceeding the right to a speedy trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, at his own expense, to have the assistance of counsel for his defense;
(g) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of $500 or both;
(h) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of laws;
(i) Pass any bill of attainder or ex post facto law;
(j) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.
Section 1. This constitution and bylaws may be amended by a majority
vote of the qualified voters of the Cold Springs Rancheria voting in an election
called for that purpose by the Secretary of the Interior or his authorized representative,
provided that at least fifty-one percent (51%) of those entitled to vote shall
vote in such election, but no amendment shall become effective until approved
by the Secretary of the Interior or his duly authorized representative.
Sec. 2. It shall be the duty of the Secretary of the Interior
to call an election at the request of the tribal council or upon receipt of
a petition signed by at least thirty percent (30%) of the qualified voters of
the Cold Springs Rancheria.
Section 1. Upon presentation to the Cold Springs Tribal Council
of a petition signed by thirty percent (30%) of the qualified voters, the tribal
council shall either (1) adopt the provisions of the petition by ordinance,
resolution or other appropriate action; or (2) provide that the issue presented
by the petition be voted on within sixty (60) days, by secret ballot, at a regular
or special election. The Cold Springs Tribal Council shall abide by the vote
of the majority of the voters in any such election, provided that at least fifty-one
percent (51%) of those eligible to vote have voted.
If any provision of this constitution and bylaws shall, in the future, be
declared invalid by a court of competent jurisdiction, the invalid provision
or provisions shall be severed and the remaining provisions shall continue in
full force and effect.
Section 1. Newly elected officers shall assume their respective
office and duties immediately upon being elected.
Sec. 2. The chairperson shall preside at all meetings of the
rancheria and of the tribal council and shall execute on behalf of the rancheria
all contracts, leases or other documents approved by the tribal council. He
shall vote only in the case of a tie. He shall have general supervision of all
other officers, employees and committees of the rancheria and see that their
duties are properly performed. When the tribal council is not in session, he
shall be the official representative of the rancheria.
Sec. 4. The secretary-treasurer shall keep the minutes
of all meetings and shall attest to the enactment of all resolutions and ordinances.
Copies of all minutes, resolutions, and ordinances shall be submitted by him,
to the Bureau of Indian Affairs as soon after enactment as possible. The secretary-treasurer
shall issue notices of all meetings and elections and conduct all general correspondence
as directed by the tribal council. The secretary-treasurer shall carry out the
financial directives of the tribal council, receive all local monies of the
reservation and keep an accurate account of the receipts and disbursements.
Funds shall be deposited in the Cold Springs Rancheria's account in a local
bank selected by the tribal council where depositor's funds are insured by the
Federal Deposit Insurance Corporation. All disbursements shall be made by check
in accordance with resolutions of the tribal council. The secretary-treasurer
shall file a bond satisfactory to the tribal council and the Area Director.
The tribal council shall authorize payment of the annual bond premium from the
local reservation funds. The secretary-treasurer shall give a financial report
to the tribal council once a month, and all financial records shall be available
for inspection by any member of the Cold Springs Rancheria and shall be open
at all times for audit and inspection by representatives of the Bureau of Indian
Affairs. At the expiration of his term of office, the secretary-treasurer shall
turn over all the records and papers in his possession to his successor or to
the tribal council.
Section 1. This constitution and bylaws, when adopted by
a majority vote of the qualified voters of the Sycamore Valley Association of
the Cold Springs Rancheria, voting at an election called for that purpose by
the Secretary of the Interior or his authorized representative, in which at
least fifty-one percent (51%) of those entitled to vote shall vote, shall be
submitted to the Secretary of the Interior for his approval, and shall be effective
from the date of his approval.
Pursuant to an election authorized by the Acting Deputy Commissioner of Indian
Affairs on July 18, 1979, the foregoing Constitution and Bylaws of the Cold
Springs Rancheria in Fresno County, California, was submitted to the qualified
voters of the rancheria and was on November 29, 1979, duly adopted by a vote
of 12 for, and 3 against, in an election in which at least fifty-one
percent (51%) of the 27 entitled to vote cast their ballots in accordance
with Article II - Adoption in the Bylaws of the Cold Springs Rancheria.
/s/
Chairman, Election Board
/s/
Election Board Member
/s/
Election Board Member
I, /s/ Theodore C. Krenzke , Commissioner of Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to me by 230 DM 1.1, do hereby approve the Constitution and Bylaws of the Cold Springs Rancheria, Fresno County, California.
/s/ Theodore C. Krenzke
Acting Deputy Commissioner of Indian Affairs
Washington, D. C.
Date: Jan 2, 1980