The CTUIR 1949 Constitution

CTUIR Constitution and By-laws

Adopted 1949
(Integrated Text -- includes amendments adopted over the years)

We, the people of the Umatilla Indian Reservation in the State of Oregon, do hereby ordain and establish this Constitution and Bylaws.

ARTICLE I - NAME

The tribal organization shall be called the "Confederated Tribes of the Umatilla Indian Reservation", and shall include Indians of the Cayuse, Umatilla, and Walla Walla Tribes.

ARTICLE II - PURPOSE

The purpose and powers of the Confederated Tribes shall be, within law, to exercise and protect all existing and future tribal rights arising from any source whether treaty, federal statute, state statute, common law, or otherwise; to achieve a maximum degree of self-government in all tribal affairs; and to protect and promote the interests of the Indians of the Umatilla Indian Reservation.

ARTICLE III - TREATY RIGHTS

This Constitution and Bylaws is not adopted under the Indian Reorganization Act, also known as the "Wheeler-Howard Act." No tribal right of any kind shall be weakened, impaired, or surrendered by the adoption of this Constitution and Bylaws.

ARTICLE IV - MEMBERS

The membership of the Confederated Tribes shall consist, as follows, of:

(a) All persons of Indian blood whose names appear on the official census roll of the Confederated Tribes as of July 1, 1949; provided, that corrections may be made in said roll by the General Council within five (5) years from the adoption and approval of this Constitution and Bylaws, subject to the approval of the Secretary of the Interior or his authorized representative.

(b) Membership in the Confederated Tribes shall consist of persons who:
(1) has one parent or grandparent who is an enrolled member of the Confederated Tribes;
(2) has at least one-fourth (1/4) degree of Indian blood from any federally recognized Indian tribe within the United States.

ARTICLE V - GENERAL COUNCIL

SECTION 1.

The General Council shall consist of all members of the Confederated Tribes of the age of eighteen (18) years or over. The General Council shall be the sole judge of the qualification of its own members.

SECTION 2.

The General Council shall elect its own officers, and shall also elect the members and officers of the Board of Trustees, as hereinafter provided; and the General Council shall have the power to demand reports from its officers and from the said Board, and to recall its officers or the members of the Board, as hereinafter provided.

SECTION 3.

The officers of the General Council shall be a Chairman, a Vice-Chairman, a Secretary, and Interpreter, and such other officers as the General Council may from time to time create and fill. Their duties shall be as follows:

(a) The Chairman shall preside at the meetings of the General Council, shall attest the minutes thereof, shall appoint temporary officers in the absence of the duly elected officers, and shall perform such other duties as are placed upon him by this Constitution and Bylaws. He shall vote only in case of a tie.

(b) The Vice-Chairman shall act in place of the Chairman in the event of his absence or disability, or at his request.

(c) The Secretary shall keep, prepare, and sign the official minutes of the meetings of the General Council and, subject to the direction of the Chairman, prepare an order of business in advance of each meeting of the General Council.

(d) The Interpreter shall interpret what is said at meetings of the General Council from the English language to the commonly understood Indian language, and vice versa, whenever necessary to full understanding by all members.

SECTION 4.

Meetings of the General Council may be called by the Chairman of the General Council, by the Board of Trustees, or by petition signed by at least twenty (20) members of the General Council. Notice of each meeting, stating time, place, and purpose thereof, and signed by the Chairman of the General Council or the Superintendent of the Umatilla Indian Reservation, shall be posted in public places at the Umatilla Indian Agency Headquarters, and at Cayuse, Thornhollow and Gibbon, Oregon, at least twenty (20) days before the meeting. If the Chairman of the General Council, or the Board of Trustees, shall certify that an emergency exists, the meeting may be called upon five (5) days notice.

SECTION 5.

(a) All tribal elections occurring for Board of Trustees and General Council officials be held in November in odd numbered years.
(b) Officers of the General Council shall hold office for a period of two (2) years, or until their successors are elected and take office.

(c) Members of the Board of Trustees shall each hold office for a period of two (2) years, or until their successors are elected and take office, except that in the first election of said members, the four nominations receiving the highest number of votes shall hold office until December 1, 1950, and the four nominees receiving the next highest number of votes shall hold office until December 1, 1949.

(d) The Chairman and the Secretary of the General Council shall certify as to the results of all elections of officers of the General Council, or members of the Board of Trustees, held thereafter.

SECTION 6.

Any officer of the General Council, or any member of the Board of Trustees, may be removed from office by majority vote of the General Council upon the filing with the Board of Trustees of a recall petition signed by at least ten percent (10%) of the members of the General Council. Such petition shall state clearly the charges against the individual whose recall is sought. It shall be the duty of the Board of Trustees, when a recall petition is filed in proper form with sufficient signatures, forthwith to call an election of the General Council to vote upon the petition. The individual sought to be recalled shall have the right to see the said petition at least twenty (20) days before the said election, and to appear at the election and answer the charges made against him.

SECTION 7.

A quorum of the General Council shall consist of thirty (30) members. Voting may be by show of hands, or by secret ballot, as the Chairman shall direct; and for members of at least one-fourth (1/4) degree of blood of the Confederated Tribes unable to attend meetings of the General Council, the Board of Trustees may provide for voting by mail and by ballot box.

ARTICLE VI - BOARD OF TRUSTEES

SECTION 1.

The governing body of the Confederated Tribes shall be a Board of Trustees. Subject to limitations imposed by the Statutes or Constitution of the United States, the Board of Trustees shall have the following powers:

(a) To represent the Tribes and to negotiate with Federal, State and local governments and to advise with representatives of the Interior Department on appropriations, projects, and legislation that affect the Tribes.

(b) To manage all affairs of the Confederated Tribes, including the administration of tribal lands, fund, timber and other resources, under appropriate contracts, leases, permits, and loan or sale agreements.

(c) To appoint committees, including members of the General Council who are not members of the Board of Trustees, and to delegate authority to said committees, and to provide per diem compensation and reimbursement of expenses incurred by officers of the General Council, members of the Board of Trustees and committee members while acting on official tribal business.

(d) To promulgate and enforce ordinances governing the conduct of all persons and activities within the boundaries of the Umatilla Indian Reservation, providing for the procedure of the Board of Trustees, and carrying out any powers herein conferred upon the Board of Trustees.

(e) To exercise any rights and powers heretofore vested in the Confederated Tribes, but not expressly referred to in this Constitution, or any powers that may in the future be delegated by an agency of local, state or Federal government.

SECTION 2.

The members of the Board of Trustees shall consist of the Chairman of the General Council as ex officio member with the right to vote, and eight (8) members of the General Council elected by the General Council. No member shall be qualified to act as a member of the Board of Trustees who is a non-resident of the Umatilla Indian Reservation. The Board of Trustees shall be the sole judge of the qualifications of its members.

SECTION 3.

The officers of the Board of Trustees shall be a Chairman, a Vice-Chairman, a Treasurer and a Secretary. Their duties shall be as follows;

(a) The Chairman as chief executive officer of the Board of Trustees shall preside over all meetings of the Board of Trustees, affix his signature to official documents, countersign warrants duly drawn by the Treasurer against the tribal funds, and shall vote only in case of a tie.

(b) The Vice-Chairman shall preside at meetings and otherwise act in full capacity of the Chairman in the absence or disability of the Chairman, or at his request.

(c) The Secretary shall conduct all correspondence, issue public notices, take minutes, record official actions, have custody of all files and records, etc., of the Board of Trustees and affix his signature to official documents.

(d) The Treasurer shall accept, receipt for, and safeguard all funds of the Tribes under his custody as directed by the Board of Trustees, and keep a complete record of receipts and expenditures. He shall be a bonded officer and shall not disburse any funds of the Tribes except as duly authorized by the Board of Trustees, and he shall report his accounts and all financial transactions at a meeting upon request of the General Council or the Board of Trustees.

The Chairman of the General Council may, but need not necessarily, be elected as Chairman of the Board of Trustees. The Board may remove any of its officers at any time by a majority vote of the whole Board.

SECTION 4.

The Board of Trustees shall hold regular monthly meetings at such time and place as it shall fix. Special meetings of the Board may be called by the Chairman of the Board, or by written request of any three (3) members thereof, upon at least two (2) days' personal notice of each member of the time, place and purpose. At all meetings of the Board, whether regular or special, five (5) members shall constitute a quorum. All meetings shall be open to any member of the General Council.

SECTION 5.

Whenever, in the opinion of a majority of the entire Board of Trustees, any member of the Board of Trustees has been guilty of gross neglect of duty, it shall certify its opinion, together with the reasons therefore, to the General Council, which shall have the power to remove said member from office and to elect a successor. The member who is so accused shall have the right to receive a copy of the charges against him at least twenty (20) days in advance of the meeting of the General Council at which the question of removal and of selection of a successor are to be voted on, and shall be entitled to appear at said meeting and answer said charges.
SECTION 6.

Vacancies in the Board of Trustees shall be filled by the General Council at an election called for that purpose.

SECTION 7.

The Board of Trustees shall have custody of its letters, documents, records, and minutes, as well as those of the General Council.

ARTICLE VII - AMENDMENTS

This Constitution and Bylaws may be amended by a majority vote of the members of the General Council at an election called for that purpose by resolution of the Board of Trustees or majority vote of the General Council, provided that such amendment receives at least fifty (50) affirmative votes. The notice of said election shall set forth the proposed amendment in full. No amendment shall become effective until approved by the Secretary of the Interior or his authorized representative.

ARTICLE VIII - RATIFICATION

This Constitution and Bylaws shall become effective upon ratification by a majority vote of those adult voters of the Confederated Tribes who shall vote as authorized by the Commissioner of Indian Affairs, and subsequent approval by the Secretary of Interior or his authorized representative.

CERTIFICATION OF ADOPTION

Pursuant to an order approved on May 27, 1949, by the Assistant Commissioner of Indian Affairs, the attached Constitution and Bylaws was duly submitted to the adult voters of the Confederated Tribes of the Umatilla Indian Reservation, Oregon, for ratification, and was on November 4, 1949, duly ratified by a vote of 113 for, and 104 against.

Election Committee:

MARY E. DICK
LOUISE M. ELK
AARON MINTHORN
CLARENCE BURKE
GILBERT E. CONNER
SAMUEL KASH KASH
DAVID S. HALL
ISAAC B. PATRICK

APPROVAL

This Constitution and Bylaws, having been proposed and duly ratified by the adult voters of the Confederated Tribes of the Umatilla Indian Reservation, Oregon, on November 4, 1949, at a referendum called by the Commissioner of Indian Affairs, is herewith approved.

WILLIAM E. WARNE
Assistant Secretary of the Interior

Washington, D.C., December 7, 1949

AMENDMENTS

I. Amended Article VI, Section 1(d) in its entirety as follows:

To promulgate and enforce ordinances governing the conduct of all persons and activities within the boundaries of the Umatilla Indian Reservation, providing for the procedures of the Board of Trustees, and carrying out any powers herein conferred upon the Board of Trustees.

[At an election held on November 26, 1976, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. I by a vote of 116 for and 40 against. Amendment No. I was approved by the BIA and took effect on January 17, 1977.]

II. Amended Article IV(b) in its entirety as follows:

Membership in the Confederated Tribes shall consist of persons who:

(1) has one parent who is an enrolled member of the Confederated Tribes; and

(2) has at least one-fourth (1/4) degree of Indian blood from any federally recognized Indian tribe within the United States.

[At an election held on November 27, 1990, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. II by a vote of 210 for and 165 against. Amendment No. II was approved by the BIA and took effect on December 21, 1990.]

III. Amended Article IV(c) in its entirety as follows:

No new applicants for membership in the Confederated Tribes under Article IV(c) shall be enrolled.

[At an election held on November 27, 1990, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. III by a vote of 179 for and 163 against. Amendment No. III was approved by the BIA and took effect on December 21, 1990.]

IV. Amended Article V, Section 2 in its entirety as follows:

The General Council shall elect its own officers, and shall also elect the members and officers of the Board of Trustees, as hereinafter provided.

[At an election held on November 27, 1990, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. IV by a vote of 197 for and 172 against. Amendment No. IV was approved by the BIA and took effect on December 21, 1990.]

V. Amended Article V, Section 5(b) in its entirety as follows:

Officers of the General Council shall hold office for a period of two (2) years, or until their successors are elected and take office.

[At an election held on November 27, 1990, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. V by a vote of 267 for and 104 against. Amendment No. V was approved by the BIA and took effect on December 21, 1990.]

VI. Amended Article V, Section 5(a) in its entirety as follows:

All tribal elections occurring for Board of Trustees and General Council officials shall be held in November in odd numbered years.

[At an election held on June 18, 1992 the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. VI by a vote of 50 for and 18 against. Amendment No. VI was approved by the BIA and took effect on October 9, 1992.]

VII. Amended Article IV, Section (b)(1) in its entirety as follows:

Has one parent or grandparent who is an enrolled member of the Confederated Tribes;

[At an election held on November 23, 1993 the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. VII by a vote of 238 for and 126 against. Amendment No. VII was approved by the BIA and took effect June 8, 1995.]

VIII. Amended Article V, Section 2 in its entirety as follows:

[At an election held on November 20, 2001, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. VIII by a vote of 318 for and 169 against. Amendment No. VIII was approved by the BIA and took effect on April 30, 2002.]

IX. Amended Article V, Section 6 in its entirety as follows:

[At an election held on December 17, 2002, the voters of the Confederated Tribes of the Umatilla Indian Reservation ratified Amendment No. IX by a vote of 208 for and 174 against. Amendment No. IX was approved by the BIA and took effect on December 31, 2002.]

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