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Article I - Name and Territory
Article IV - Election and Nomination for the Senate
Article V - Vacancies and Removal from Office
Article VI - Powers of the Senate
Article I - Duties of Officers
Article II - Qualifications of the Members of the Senate
Article III - Certification of Election
Article IV - Installation of Senators
Article V - Time and Place of Regular Meetings and Procedure
Swinomish Indian Senate - Ordinance No. 1
SECTION 1. The name of this organized body shall be the Swinomish Indian Tribal Community, hereinafter called the community.
SECTION 2. The jurisdiction of the Swinomish Indians shall include all the
territory within the original confines of the Swinomish Reservation boundaries,
as set forth by Executive order of September 9, 1873, in pursuance of article
III of the Treaty of Point Elliott, January 22, 1855 (12 Stat. 928), and shall
extend to such other lands as may be hereafter added thereto under any law of
the United States, except as otherwise provided by law.
SECTION 1. The membership of the Community shall consist of:
(a) All persons of Indian blood lawfully enrolled upon the Swinomish Indian Reservation and residing there June 1, 1935: Provided, that this section shall not affect the property rights under existing laws of the Indians of the Swinomish Reservation.
(b) All children born to any member of the community who is a resident of the reservation at the time of birth of said children.
SECTION 2. The governing body shall have the power to promulgate ordinances,
subject to review by the Secretary of the Interior, covering future membership
and the adoption of new members, making any necessary adjustments of property
rights.
SECTION 1. The governing body of the community shall consist of a council, known as the Swinomish Indian Senate.
SECTION 2. This senate shall consist of eleven (11) members duly elected
to serve five (5) years, two being elected each year except in years ending
in "0" or "5" when three shall be elected.
SECTION 3. The senate so organized shall elect from its own number: (1)
a chairman; (2) a vice-chairman; and from within or without, (3) a secretary;
(4) a treasurer: Provided, that the offices of secretary and treasurer may be
combined; and may appoint or employ such other officers and committees as may
be deemed necessary, such as supervisory commissioners, managers, etc., to be
immediately responsible for each separate industry and activity, the direction
and management of which are assumed by the senate, for example: health, welfare,
education, fisheries, agriculture, land management, horticulture, oyster culture,
construction, employees, law and order, finances, etc. (Leg. Hist.: Amendment
No. 2 - 4/17/50)
SECTION 4. The first election of the senate hereunder shall be called and
supervised by the present tribal council at least thirty (30) days after the
ratification and approval of this Constitution. The three (3) candidates receiving
the highest number of votes shall hold office for five (5) years, and the two
next highest four (4) years, and the two next highest three (3) years; the two
next highest, two (2) years; the two next highest, one (1) year; and they shall
hold office until their successors and duly elected and qualified. After the
first election, (60) days prior to the expiration of the terms of the office
of its members.
SECTION 1. All members of the community who are twenty-one years of age or older and who have lived on the reservation, or within fifteen (15) miles of the reservation boundary, for a period of one (1) year immediately prior to any election, shall have the right to vote. (Leg. Hist.: Amendment No. 3 - 4/27/66 and Amendment No. 14 -10/22/85)
SECTION 2. The time and places of voting shall be designated by the senate.
SECTION 3. All elections shall be by secret ballot.
SECTION 4. Nomination of candidates for the senate under this Constitution
shall be by petition signed by not less than five (5) legal voters. A voter
may sign only one petition for each office to be filled. Petitions for nominations
shall be filed with the secretary of the senate at least thirty (30) days prior
to the election for which the candidate makes such petition. The secretary shall
determine the legality of the petitions and the eligibility of the candidates.
The secretary's decision may be appealed to the senate, whose ruling shall be
final. The list of the qualified candidates shall be posted by the secretary
of the senate in a public place not less than (2) weeks prior to the election.
(Leg. Hist.: Amendment No. 3 - 4/27/66)
SECTION 5. All elections shall be held in accordance with the rules and
regulations laid down by the senate.
SECTION 1. If a member of the senate or official shall die, resign, or cease to live on the reservation or within fifteen (15) miles of the reservation boundary, or shall be found guilty in any Indian, States or Federal court, the senate shall declare the position vacant and elect to fill the unexpired term. (Leg. Hist.: Amendment No. 4 - 4/27/66)
SECTION 2. The senate may by a two-thirds affirmative vote expel any member
for neglect of duty or gross misconduct. Before any vote on expulsion is taken
on the matter, such member shall be given an opportunity to answer any and all
charges at a designated senate meeting; and the decision of the senate shall
be final.
SECTION 1. Enumerated Powers -The senate of the Swinomish Indian Reservation shall 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 this Constitution and the attached by-laws:
(a) To negotiate with the Federal, State, and local Governments on behalf of
the tribe and to advise and consult with the representatives of the Department
of the Interior on all activities of the Department that may affect the Swinomish
Reservation.
(b) To employ legal counsel for the protection and advancement of the rights
of the Swinomish Indians, the choice of counsel and the fixing of fees to be
subject to the approval of the Secretary of the Interior. (Leg. Hist.: Amendment
No. 5 - 4/27/66)
(c) To approve or veto any sale, disposition, lease, or encumbrance of tribal lands, interest in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs, or any other official or agency of government, provided that no tribal lands shall ever be sold, encumbered, or leased for a period exceeding that permitted by law. (Leg. Hist.: Amendment No. 1 -12/14/49)
(d) To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Swinomish Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.
(e) To make assignments of reservation land to members of the Swinomish Reservation in conformity with article VIII of this Constitution.
(f) To manage all economic affairs and enterprises of the Swinomish Reservation in accordance with the terms of the charter to be issued to the Swinomish Indians by the Secretary of the Interior.
(g) To appropriate for salaries of tribal officials or for public purposes of the reservation any available tribal funds, provided that any such appropriation made prior to July 1, 1940, shall be subject to review by the Secretary of the Interior.
(h) To levy taxes upon members of the community and to require the performance of community labor in lieu thereof, and to levy taxes or license fees, subject to review by the Secretary of the Interior, upon non-members doing business within the reservation.
(i) To exclude from the restricted lands of the Swinomish Reservation persons not legally entitled to reside therein, under ordinances which shall be subject to review by the Secretary of the Interior.
(j) To enact resolutions or ordinances not inconsistent with article II of this Constitution governing the adoption and abandonment of membership, and to keep at all times a correct roll of the members of the Swinomish Community.
(k) To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Swinomish Reservation, and providing for the maintenance of law and order and the administration of justice by establishing a reservation court and defining its duties and powers. (Leg. Hist.: Amendment No. 15 -10/22/85)
(l) To safeguard and promote the peace, safety, morals, and general welfare
of the Swinomish Reservation by regulating the conduct of trade and the use
and disposition of property within the reservation, provided that any ordinance
directly affecting nonmembers of the reservation shall be subject to review
by the Secretary of the Interior.
(m) To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Swinomish Community.
(n) To regulate the inheritance of property, real and personal, other than allotted lands within the territory of the Swinomish Reservation, subject to review by the Secretary of the Interior.
(o) To regulate the domestic relations of members of the community subject to review by the Secretary of the Interior.
(p) To provide for the appointment of guardians for minors and mental incompetents by ordinance or resolution, subject to review by the Secretary of the Interior.
(q) To cultivate and preserve native arts, crafts, culture, and Indian ceremonials.
(r) To adopt resolutions regulating the procedure of the senate itself, and of other tribal agencies and tribal officials of the reservation.
(s) To delegate to subordinate boards or to cooperative associations, which are open to all members of the community, any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power.
SECTION 2. Manner of review. - Any resolution or ordinance which, by the
terms of this Constitution, is subject to review by the Secretary of the Interior,
shall be presented to the Superintendent of the reservation who shall, within
ten (10) days after its receipt, approve or disapprove the same. (Leg. Hist.:
Amendment No. 5 - 4/27/66)
If the Superintendent shall approve any resolution or ordinance, it shall thereupon become effective, but the Superintendent shall transmit a copy of the same, bring his endorsement, to the Secretary of the Interior who may, within ninety (90) days from the date of receipt, rescind the said resolution or ordinance for any cause, by notifying the senate of such decision.
If the Superintendent shall refuse to approve any resolution or ordinance within ten (10) days after its receipt by him, he shall advise the senate of his reasons therefor. If these reasons appear to the senate insufficient, it may by a majority vote, refer the resolution or ordinance to the Secretary of the Interior who may, within ninety (90) days from the date of its receipt, approve the same in writing whereupon the said resolution or ordinance shall become effective.
SECTION 3. Future Powers. - The Senate of the Swinomish Reservation may
exercise such further powers as may in the future be delegated to it by the
Secretary of the Interior, or by any other duly authorized official or agency
of government.
SECTION 4. Reserved Powers. - Any rights and powers heretofore vested in
the tribes or bands of the Swinomish 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 Swinomish Reservation through the adoption of appropriate
by-laws and Constitutional amendments.
SECTION 5. Additional Powers. - The Senate of the Swinomish Indian Reservation
shall exercise the following rights and powers heretofore vested in the Tribes
or Bands of the Swinomish Reservation in addition to all powers already conferred
or guaranteed by the Constitution and Bylaws of the Community:
(a) Zoning Power. To regulate the land use of all property within the Swinomish Reservation. (Leg. Hist.: Amendment No. 15 -10/22/85)
SECTION 1. Suffrage. - All members of the community over the age of twenty-one (21) years shall have the right to vote in all tribal community elections. The residence qualifications established by article IV of this Constitution shall apply to all elections except elections for the amendment of this Constitution and the attached Bylaws.
SECTION 2. Economic Rights. - All members of the community shall be accorded
equal opportunities to participate in the economic resources and activities
of the reservation.
SECTION 3. Civil Liberties. - All members of the community may enjoy without
hindrance, freedom of worship, conscience, speech, press, assembly, and association.
SECTION 4. Rights of Accused. - Any members of the community who shall be
accused of any offense shall have the right to a prompt open and public hearing,
with due notice of the offense charge, and shall be permitted to summon witnesses
in his own behalf. Trial by jury may be demanded by any prisoner accused of
any offense punishable by more than thirty days imprisonment. Excessive bail
shall not be required, and cruel punishment shall not be imposed.
SECTION 1. Allotted Lands. - Allotted lands, including heirship lands within the Swinomish Reservation, shall continue to be held as heretofore by their present owners. It is recognized that under existing law such lands may be condemned for public purposes, such as roads, public buildings, or other public improvements, upon payment of adequate compensation, by any agency of the State of Washington or of the Federal Government, or by the tribal community itself. It is further recognized that under existing law, such lands may be inherited by the heirs of the present owner, whether or not they are members of the community. Likewise, it is recognized that under existing law the Secretary of the Interior may, in his discretion, remove restrictions upon such land, upon application by the Indian owner, whereupon the land will become subject to State taxes and may then be mortgaged or sold. The right of the individual Indian to hold or to part with his land, as under existing law, shall not be abrogated by anything contained in the Constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily convey his land to the community either in exchange for a money payment or in exchange for an hereinafter provided.
SECTION 2. Tribal Lands. - The unallotted lands of the Swinomish Reservation,
and all lands which may hereafter be acquired by the community or by the United
States in trust for the community, shall be held as tribal lands, and no part
of such lands shall be mortgaged or sold, unless specifically authorized by
law, and then only with the consent and approval of the Secretary of the Interior.
Tribal lands shall not be allotted to individual Indians, but may be leased
to members of the community, or otherwise used by the community. (Leg. Hist.:
Amendment No. 6 - 4/27/66)
SECTION 3. Leasing of Community Lands. - Community lands may be leased by
the senate, with the approval of the Secretary of the Interior, for such periods
of time as are permitted by law. (Leg. Hist.: Amendment No. 6 - 4/27/66)
SECTION 4. Assignments not to be granted. - There shall be no further assignments
of any type granted by the community: Provided, that assignments heretofore
granted and in effect shall continue in effect in accordance with the terms
of said assignment and the provisions of the Constitution for the Swinomish
Indians of the Swinomish Reservation in effect at the time said assignment was
granted. (Leg. Hist.: Amendment No. 6 - 4/27/66)
SECTION 5. Use of Community Land. - Community land, including any land under
lease, shall be manage by the senate for the benefit of the entire community,
and any income derived from such land shall accrue to the benefit of the community
as a whole. (Leg. Hist.: Amendment No. 6 - 4/27/66)
SECTION 6. Acquisition of land by Community. - The community may acquire
land, or interests in land, by purchase or otherwise, provided such acquisitions
are in accordance with law. (Leg. Hist.: Amendment No. 6 - 4/27/66)
Amendments to the Constitution and by-laws may be ratified and approved in the same manner as this Constitution and by-laws.
Whenever five members of the senate shall consider an amendment necessary, such amendment shall be duly approved by five or more members of the senate and sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the Interior to call an election. If at such election the amendment is adopted by a majority of the qualified voters of the tribe voting therein and if at least thirty percent of those entitled to vote shall vote in such election, such amendment shall be submitted to the Secretary of the Interior and, if approved by him, shall thereupon take effect.
SECTION 1. CHAIRMAN OF THE SENATE - The chairman of the senate shall preside over all meetings of the senate and of the general council, shall perform all duties of a chairman, and exercise any authority delegated to him by the senate. He shall vote only in the case of a tie.
SECTION 2. VICE CHAIRMAN OF THE SENATE - The vice-chairman shall assist
the chairman when called upon so to do, and in the absence of the chairman he
shall preside. When so presiding, he shall have all the rights, privileges,
and duties as well as the responsibilities of
the chairman.
SECTION 3. SECRETARY OF THE SENATE - The secretary of the senate shall conduct
all community correspondence and shall keep an accurate record of all matters
transacted at senate meetings. It shall be his duty to submit promptly to the
superintendent of the jurisdiction
and Commissioner of Indian Affairs copies of all minutes of regular and special
meetings of the senate. He shall be privileged to vote in the senate only in
the event that he is an elected member thereof.
SECTION 4. TREASURER OF THE SENATE - The treasurer of the senate shall accept,
receive, receipt for, preserve, and safeguard all funds in the custody of the
senate, whether same be community funds or special funds for which the senate
is acting as trustee or custodian. He shall deposit all such funds in such banks
or elsewhere as directed by the senate, and shall make and preserve a faithful
record of such funds, and shall report on all receipts and expenditures and
the amount and nature of all funds in his possession or custody, such report
being made in
writing to the senate at regular meetings and at such other times as requested
by the senate.
He shall not payout or otherwise disburse any funds in his possession or custody, or in the possession or custody of the senate, except when properly authorized so do by resolution duly passed by it.
The books and records of the treasurer shall be audited at least once each year by a competent auditor employed by the senate, and at such other times as the senate or the Commissioner of Indian Affairs may direct.
The treasurer shall be required to give a bond satisfactory to the senate and to the Commissioner of Indian Affairs.
The treasurer shall be present at all special or regular meetings of the senate, but shall be privileged to vote only in the event that he is an elected member of the senate.
SECTION 5. APPOINTIVE OFFICERS -The duties of all appointive committees
or officers of the community shall be clearly defined by resolution of the senate
at the time of their creation or appointment. Such committees and officers shall
report, from time to time as required, to the senate, review by the senate upon
the petition of any person aggrieved.
No person shall be a candidate for membership in the senate unless he shall be member of the community, and shall have lived on the reservation, or within fifteen (15) miles of the reservation boundary, for a period of one (1) year next preceding the election, and shall be at least twenty-one preceding the election, and shall be at least twenty-one (21) years of age. (Leg. Hist.: Amendment No. 7 - 4/27/66; Amendment No. 10 - 10/22/85)
It shall be the duty of the members of the senate to certify the election of the duly elected members. This shall be done within thirty (30) days after the election and the certificate shall be filed with the secretary. (Leg. Hist.: Amendment No. 8 - 4/27/66)
Newly elected members who have been duly certified shall be installed at the
first regular meeting of the senate following the election upon subscribing
to the following oath, which shall be administered by any authorized person
and filed with the secretary of the senate:
"I, , do hereby solemnly swear (or affirm) that I shall preserve, support, and protect the Constitution of the United States, and the Constitution and by-laws of the Swinomish Indians to the best of my ability, so help me God."
SECTION 1. MEETINGS - Regular meetings of the senate shall be held on the first Tuesday of each month. The date of regular meetings may be changed by resolution of the senate. Meetings shall be held at the business office or such other places as the senate may designate from time to time. Special meetings may be called by a written notice, signed by the chairman, or by a majority of the senate, and when so called the senate shall have power to transact business as in regular meetings. (Leg. Hist.: Amendment No. 9 - 5/31/66)
SECTION 2. ANNUAL ELECTION AND GENERAL COUNCIL - The annual election and
general council meeting shall be held on the second Saturday in February of
each year, or at such other time as the senate determines, at which time the
chairman shall report in detail to the council what has been done during the
past year and set forth plans of the senate for the coming year. This shall
be freely discussed by the general council, and the wishes of the general council
may be expressed by resolution which will govern the action of the senate. (Leg.
Hist.: Amendment No. 13 - 10/22/85)
The chairman shall call special meetings of the general council at the direction of the senate or upon the written request of fifteen (15) voters.
SECTION 3. QUORUM - No business shall be transacted unless a quorum is present.
A quorum shall consist of five (5) members of the senate. A quorum of the general
council shall consist of twenty-five (25) voters at any meeting. (Leg. Hist.:
Amendment No. 12 - 10/22/85)
SECTION 4. ORDER OF BUSINESS - The following order of business is established
for all meetings:
Call to order by the chairman
Roll call
Ascertainment of a quorum
Reading the minutes of the last meeting
Adoption of the minutes by vote or common consent
Unfinished business
Adjournment
SECTION 5. ORDINANCES AND RESOLUTIONS - All final decisions of the senate
on matters of general and permanent interest to the members of the community
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 community.
All final decisions of the senate on matters of temporary interest (such as action on the reservation budget for a single year, or petitions to Congress or to the Secretary of the Interior) or relating especially to particular individuals or officials (such as adoptions of members, instructions for community employees or rules of order for the senate) shall be embodied in resolutions. Such resolutions shall be recorded in a special book which shall be open to public inspection.
All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion duly passed, or by the ruling of the chairman if no objection is heard.
In all ordinances, resolutions or motions, the senate may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement, and parliamentary procedure shall otherwise be governed by Robert's Rules of Order.
SECTION 6. LEGISLATIVE FORMS - Every ordinance shall begin with the words:
"Be it enacted by the Swinomish Indian Senate..."
Every ordinance or resolution shall contain a citation of the provisions of the Swinomish Constitution under which authority for said ordinance or resolution if found.
SECTION 1. The senate shall have the power to select delegates to sit in a central general council of Northwest Indians.
This Constitution and by-laws attached hereto shall be in full force and effect whenever a majority of the adult Indians residing on the Swinomish Reservation voting at an election called by the Secretary of the Interior in which at least thirty (30%) percent of the eligible voters shall vote, shall have ratified such Constitution and by-laws, and the Secretary of the Interior shall have approved same, as provided in the act of June 18, 1934, as amended by the act of June 15, 1935.
Pursuant to an order, approved October 21, 1935, by the Secretary of the Interior, the attached Constitution and by-laws was submitted for ratification to the Indians of the Swinomish Reservation and was on November 16, 1935, duly ratified by a vote 87 for, 1 against, in an election in which over 30 percent of those entitled to vote cast their ballots, in accordance with section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended by the act of June 15, 1935 (Pub. No. 147, 74th Cong.).
MARTIN J. SAMPSON,
Chairman of Election Board
GEORGE ALEXANDER,
Chairman of Swinomish Indian Senate
CLARA (WILBUR) JAMES,
Secretary
O.C. UPCHURCH,
Superintendent
I, Harold L. Ickes, the Secretary of the Interior of the United States of America,
by virtue of the authority granted me by the act of June 18, 1934 (48 Stat.
984), as amended do hereby approve the attached Constitution and Bylaws of the
Indians of the Swinomish Reservation.
All rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so far as they may be incompatible with any of the provisions of the said Constitution or Bylaws are hereby declared inapplicable to the Indians of the Swinomish Reservation.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and Bylaws.
Approval recommended January 20, 1936.
WILLIAM ZIMMERMAN, Jr.
Assistant Commissioner of Indian Affairs
CHARLES WEST,
Acting Secretary of the Interior
(Seal)
Washington, D. C., January 27, 1936.
Be it enacted by the Senate of the Swinomish Reservation duly constituted under the Authority of the Act of Congress of June 18, 1934, and acting under Article VI of the Constitution for Swinomish Indians approved January 27, 1936, assembled in regular session, That hereafter the Law and Order Regulations approved by the Secretary of the Interior November 27, 1935, providing machinery of law for the enforcement of an approved code and setting up such a code shall be and is hereby made a part of the fundamental law governing Indians of the Act and the Constitution above cited.
History Date of Enactment Unknown
12/30/91