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Little Shell Tribe Constitution

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CONSTITUTION AND BY-LAWS OF THE LITTLE SHELL
TRIBE OF CHIPPEWA INDIANS OF MONTANA

September 19, 1977


CONSTITUTION AND BY-LAWS OF THE LITTLE SHELL
TRIBE OF CHIPPEWA INDIANS OF MONTANA



PREAMBLE

We, the original Tribe of Chippewa Indians under the late Thomas Little Shell known as theLittle Shell Tribe of the State of Montana.

Being grateful to the Almighty God for the great blessings of friendship, peace, freedom and liberties enjoyed in the past and may the same be perpetually maintained.

And in order to secure to ourselves and our descendents the advantage of a tribal government to exercise the rights of local self government, to administer all tribal affairs to the best advantage of the individual members, to preserve and increase our tribal resources and in accordance with the provisions of the enabling act of Congress approved on the 18th day of June, 1934 A.D. the year of our Lord, So ordain and establish this Constitution of the Late Chief Thomas Little Shell, the Little Shell Tribe of Chippewa Indians of the State of Montana and laying itís foundations upon the fundamental principles of the Constitution of the United States, realizing the fact that we are under its jurisdiction which has prompted us to be governed by itís principles, organizing its papers in such a form as to be in conformity with any just and constitutional laws of our federal, state and local governments which wonít seem to effect the safety of our rights, freedom and liberties accorded all other citizens of the United States under itís Constitution.

We therefore, formulate this Constitution, acting in conformity with the present democratic form of government.


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LITTLE SHELL TRIBE OF CHIPPEWA INDIANS
OF MONTANA
BY-LAWS

ARTICLE I.

GOVERNING BODY


SECTION I.
All Officers must be qualified members of the Tribe.


SECTION II.
The governing body of the Little Shell Tribe of Chippewa Indians of Montana shall be known as the Executive Board.

SECTION III.
(A)
The Executive Board shall consist of the President, Vice-President, 2nd Vice-President, Secretary-Treasurer, and all Area Council Members.

(B)
The Executive committee shall consist of any five (5) council members. The Executive Committee shall constitute a quorum, to conduct business on the Executive Boardís behalf.
SECTION IV.
Elections shall be held every two years, for each Council member, every four (4) years for the executive officers.

SECTION V.
If a council member or Official shall die, resign permanently, leave his or her district or not be able to represent the district in the best interest of the Tribe or be found guilty of a felony or misdemeanor involving dishonesty in any Indian, State or Federal Court, the Executive Committee shall declare the position vacant and call a district special election to fill the vacancy.

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SECTION VI.
Any Officer of the Executive Board who misses three (3) meetings in a row without reasonable cause, may be replaced by vote of the Executive Committee after a grievance hearing of the Executive Committee.

ARTICLE II.

JURISDICTION


SECTION I.
The jurisdiction of the Little Shell Tribe of Chippewa Indians of the State of Montana shall extend to the territory within all lands acquired by purchase or otherwise for their use and occupancy in the State of Montana and such other lands as may hereafter be acquired and added to their jurisdiction by law.

ARTICLE III.

POWERS OF EXECUTIVE BOARD


SECTION I.
The Executive board of the Chippewa Indians of Montana shall exercise the following powers, subject to the 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 By-Laws.

SECTION II.
To negotiate with the Federal and local governments on behalf of the Tribe and to advise and consult with representatives of the Interior Department that may affect our organization.

SECTION III.
To advise the Secretary of Interior with regard to all appropriation estimates or federal projects for the benefit of the Tribe, prior to the submission of such estimates to the Bureau of Budget and to Congress.

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SECTION IV.
To approve all applications for selection of land.

SECTION V.
To approve all applications for enrollment as members of the Little Shell Tribe.

SECTION VI.
To manage all economic affairs and enterprises of the Little Shell Tribe of Chippewa Indians of Montana.

SECTION VII.
To administer all estates and determine hoira in accordance with the ordinances of the Tribe.

SECTION VIII.
To encourage and foster the Arts, Crafts, Culture and traditions of the Pembina Band of Chippewa Indians.

SECTION IX.
To employ legal counsel when needed for the protection and advancement of the Tribe.

SECTION X.
To exercise such further powers as may in the future be delegated to the Executive board by members of the Tribe, the Secretary of Interior or by any other duly authorized Official or Agency of the government.

SECTION XI.
Any rights and powers heretofore vested in the Little Shell Tribe of Chippewa Indians of Montana but not expressly referred to in this Constitution shall not be abridged by this Article but may be exercised by the people of the Little Shell Tribe of Chippewa Indians through adoption of the appropriate by-laws and constitutional Amendments.

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ARTICLE IV.

REFERENDUM


SECTION I.
Upon petition of at least one half of the voters of the Executive board or upon the request of the majority of the members, any enacted or proposed ordinances or resolution of the Executive Committee shall be submitted to popular referendum and the vote of a majority of the attending voters on such referendum shall be conclusive and binding on the committee.

SECTION II.
Alternate may vote only in absence of elected council member.

ARTICLE V.

MEMBERSHIP


SECTION I.
All members of the Little Shell Tribe of Chippewa Indians of the State of Montana whose application as an Indian has been approved may hereafter be approved by the Enrollment Committee of said Tribe.

SECTION II.
Any Indian of Pembina ancestry and one-quarter (1/4) degree Indian blood, provided they never have received an allotment of land derived by other Indian Reservations through adoption or marriage, subject to approval identical to Section I.

SECTION III.
All children, whose parent is an Enrolled member of the Tribe who possess one-eight (1/8) degree Indian blood are entitled to membership.

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ARTICLE VI.

AMENDMENTS


SECTION I.
This Constitution and By-Laws may be amended by a majority vote of the qualified voters of the Tribe voting at elections called for that purpose.

ARTICLE VII



SECTION I: OFFICERS
(A)
The President, Vice-President, 2nd Vice-President and Secretary-Treasurer shall be elected by majority vote of the council members of the Tribe by secret ballot.

(B)
District council members shall be elected in the manner prescribed by that particular districtís voters.

(C)
District council members shall be able to vote for all members of his or her district with their permission at State level meetings.

(D)
The President of the Executive Committee shall preside over all meetings of the Committee and exercise any and all authority delegated to him by members of the Executive Committee. He shall vote only in case of a tie.

SECTION II: DUTIES
(A)
The Secretary-Treasurer of the Executive Committee shall conduct all Tribal correspondence and shall keep an accurate record of all matters transacted at the business meetings. It shall be his or her duty to submit promptly to the Officerís and members of the executive Committee and the billings and Aberdeen Area Offices of the bureau of Indian Affairs; copies of the minutes of regular and special meetings, and resolutions of the Tribe.

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SECTION II: DUTIES (Continued)
(B)
The Secretary-Treasurer of the Executive Committee shall except, receive, receipt for the safeguard all funds in the custody of the committee whether some be Tribal funds or special funds for which the Committee is acting as trustee or custodian. Checks and drafts shall be endorsed for deposit only. He or she shall deposit such funds in a bank elsewhere as directed by the committee 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 or her possession or custody, such a report being made in writing to the Executive committee at regular meetings and at such other times as requested by the Committee.

(C)
He or she shall not pay out or otherwise disburse any funds in his or her possession or custody except when properly authorized to do so by the Executive committee.

(D)
All checks shall be signed by two (2) Officersí of the Executive Committee.

(E)
The books and records of the Secretary-Treasurer shall be audited at least once a year and at such other times as the Executive Committee may direct.

SECTION III: MEETINGS
(A)
Regular State meetings will be held every three (3) months.
(B)
Special meetings may be called at any time by the President of the Executive Committee or by a majority vote of the Executive Committee.
(C)
Order of business:
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ORDER OF BUSINESS: (Continued)
1)
Call to Order.

2)
Invocation.

3)
Introduction of Officerís, Roll Call.

4)
Previous Minutes read & approved.

5)
Treasurerís report read & approved.

6)
Chairmanís report.

7)
Committee Reports:

a)
Federal Recognition Committee
b)
Education Committee
c)
Health Committee
d)
Enrollment Committee
e)
Claimís Commission Committee
f)
Ways and Means Committee
8)
Old Business.

9)
New Business.

10)
Other Business (Pass the hat).

11)
Adjournment.

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The Little Shell Tribe Newsletter is FREE to all Enrolled Tribal Members. It is published 12 months a year and is supported by particle funding by the Little Shell Tobacco Abuse Prevention Program. To place your name on the list for the newsletter, Click Here to get the Address/phone number to request your name and address be placed on the newsletter subscription list. The Contact is Toni Jo Atchison, Tobacco Abuse Prevention Specialist

Toni Jo Atchison, Little Shell Tobacco Abuse Prevention Specialist Announces Tribal Newsletter is FREE to Tribal Members

By the LittleShellTribe.com Webmaster:

Toni Jo Atchison, Little Shell Tribal Tobacco Abuse Prevention Specialist has announced that the Tribal newsletter is FREE to all Enrolled Tribal Members. Previously, a subscription of $10 was required for the newsletter and was published quartely. The subscription cost covered monies that funded the creation, mailing of the newsletter, along with helping with office expenses. Now, with funding provided in part under a contract with the Montana Department of Public Health and Human Services, Montana Tobacco Use Prevention Program, and the Little Shell Tobacco Abuse Prevention Program, the Newsletter will be published 12 months a year. To place your name on the List for the newsletter (if you do not currently receive it), contact Toni Jo at the main office or write a letter requesting your name to be placed on it. Tribal and Non-Tribal members are still welcome and are encourgaged to send donations to the Office to help with tribal expenses.

To view the Little Shell Tribal Tobacco Prevention Program, Click Here

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