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Constitution and By-Laws of the United Keetoowah Band Of Cherokee Indians in Oklahoma
Preamble
We, the many members of the United Keetoowah Band of Cherokee Indians of Oklahoma, are preparing to press forward for our own benefit, individually, and for our children to strengthen, to help, and to provide for those under the protection of the federal government and Oklahoma law as provided. We have now organized and united and we have reinforced our Constitution and By-Laws.
Article I Name
The name of our organization shall be the United Keetoowah Band of Cherokee Indians in Oklahoma.
Article II Tribal Members
1. Those eligible to join the United Keetoowah Band of Cherokee Indians in Oklahoma will meet these qualifications:
1. Those who are one-half or more of Cherokee Indian blood whose names are listed on the Dawes Commission Roll and who choose to join the organization.
2. Those who are one-half degree or more Cherokee Indian blood, who choose to join the organization and whose parents’ names are listed on the Dawes Commission Roll.
2. The Council has the authority to create such procedures and by-laws needed to govern eligibility requirements for those who desire to join later. The council shall keep records of those accepted into membership and those who relinquish [membership].
Article III Protection of the Organization
1. The governing body of the organization shall be the Council of the United Keetoowah Band of Cherokee Indians in Oklahoma.
2. There shall be 27 elected council members who live in the communities of the present Keetoowah districts. The council election vote count will be determined by members living in Keetoowah communities, not according to the communities as determined by the former Cherokee Nation.
3. Term of Office for Council Representatives The term of office for council representatives shall be two years or until a successor is duly elected and installed.
4. The Council shall have the responsibility to select subordinate workers, helpers, committees, and messengers for specific purposes. The words and actions of all subordinate groups must be for the benefit the tribe. The Council is empowered with the right to do so now and in the future.
The Council shall have the responsibility to distribute the charter to individuals and those under the authority of the tribe who are to follow the provisions of the charter as well as the laws and procedures enacted by the Council.
Article IV Tribal Officers
Tribal officers shall be the Chief, Assistant Chief, Clerk, and Treasurer. Terms of office, two years. Officers shall not take office until their election is declared or until duly appointed. Tribal officers shall be elected by the adult voters who are members of the tribe. Council members shall not serve as both tribal officers and community representatives on the tribal council.
Article V Elections
1. The first election for tribal officers and council will take place on the first Monday in August 1939. Thereafter, elections shall take place every two years, according to the Council’s determination on the first Monday in August.
2. All tribal members who are at least 21 years of age shall be eligible to vote in the tribal elections. Candidates for tribal office shall be tribal members and reside within the district for which they seek office.
3. All tribal members at least 21 years of age who reside outside the former Cherokee Nation, shall have the right to select the Keetoowah district in which they shall cast their vote.
4. In the event an election is not held or in case of election fraud, the Council shall call for an election and set the election date.
Article VI Vacancy in Office
In the event of the death in office of an elected tribal official, the Council shall fill the office by appointment during a specially called Council meeting. The appointed person shall serve until an election is held. The same procedure shall be followed for all elected positions.
Article VII Impeachment
A tribal official who is accused of an impeachable offense, shall be given a hearing. Laws and procedures related to the impeachment and hearing will be prescribed by the Council. The decision regarding the impeachment shall be made by a majority vote of the Council.
Article VIII Plan of Organization
The names of the committee members who wrote this Constitution are: Ahvse Walelu, Chairman; Tsani Selagisdi, Digvyusatesgi Tselugi, Walenidahisqua Galuya, and Wilisini Walelu. The members of this committee shall have full authority to select and appoint provisional council members who shall serve until the election is held and elected members take office according to Article V. The provisional council shall be the governing body, fully authorized to appoint subordinate workers as granted in Article IV, until an election is held according to Article V.
Article IX Rights and Freedoms
1. Tribal members shall have the right to pursue their own happiness. No laws shall be passed that hinder tribal members from worshipping God. Tribal members shall have the freedom of choice. Tribal members shall have the right to freely print and publish written materials. Tribal members shall have the right to gather together to promote common goals.
2. This Constitution shall not be amended in any way to diminish the rights and privileges of tribal members as citizens of the United States and the State of Oklahoma.
3. The property of the individual members will not be exchanged, decreased, or increased, by this constitution and laws unless the individual approves it.
Article X Amendments
Amendments to this Constitution and By-Laws can only be made by a majority vote of the Council when requested by ten percent of the voting members of the tribe, and thereafter, ratified by a majority vote of the voting members of the band 21 years of age or older, voting at an election called under rules and regulations prescribed by the Council
By-laws
Section 1 Duties of Tribal Officers
1. Chief The Chief shall moderate all meetings of the Council and of the tribal membership. He shall have all authority to supervise the Council in performance of their duties and is fully authorized as moderator to cast a vote, as the council votes, in the case of a tie.
2. Second Chief In the event of the Chief’s absence, the Second Chief shall have full authority to perform the duties of the Chief. If the office of the Chief becomes vacant, the Second Chief shall inherit all the duties of the Chef, until such time as another Chief is appointed.
3. Clerk The Clerk shall write down what the Council discusses or works on during the meetings and keep the record in a safe place. The record shall be an accurate representation of all the Council’s work. The Clerk shall open all tribal mail and make it available at the meetings for the Council to read and act upon as necessary. The Clerk shall safely and securely keep in his possession a record of all tribal members’ names. In the event both the Chief and Second Chief are absent from a meeting, the Clerk shall have the responsibility to conduct the meeting until the Council selects a moderator.The annual ending date of the Clerk’s term of office shall be recorded clearly and made public. At the end of his term of office, he shall release to the Council all paperwork in his possession pertaining to his official record-keeping.
4. Treasurer The Treasurer shall safely keep in his possession all money and other valuable property owned by the tribe and entrusted to the Council. He shall keep a written record of all income and expenses paid, as approved by the Council. He shall keep in his possession all tribal money and shall give an annual report to the Council. He shall also be prepared to give a report at any such time as the Council requests it. Whenever the balance in the treasury reaches $50, the Council shall require that the Treasurer be bonded, the cost of the bond shall be approved by the Council and paid for by the tribe’s treasury. When the treasurer completes his term of office, he shall turn over to the Council all money and anything else of value in his possession that belongs to the tribe.
Section 2: Types of Tribal Officers and Council Members
1. All people who run (for elected office) or are appointed for Chief or "Second in line" (Assistant Chief), must not be under 35 years old, must be a full-blood Cherokee member of the organized tribe of Keetoowah Cherokee Indians of Oklahoma.
2. All people, elected or who are appointed Clerk/Secretary, or Treasurer, must not be under 21 years old, and must be members of the organized tribe of Keetoowah Cherokee Indians of Oklahoma.
3. All people who are elected or appointed to be council members, must not be under 21 years old, and must be members of the organized tribe of Keetoowah Cherokee Indians of Oklahoma.
4. All people elected or appointed to work for the nation in the tribal building, as stated in article 4 of the charter, must be an Oklahoma community resident. All people elected or appointed to council, must reside in the district that they are running to represent, or being appointed to (represent).
5. If a worker moves out of the district, he/she was elected for, as it is stated, that he/she must be a resident (of that district); then he/she will lose it (their position) and will no longer work for the (tribal) government.
Section 3: Council Members
1. The Council shall conduct meetings at the appointed time. The annual meeting is currently set for the first Monday of September and shall be held at that time unless and until the Council approves a different time.
2. The Council may convene a special meeting of the Council when called by the Chief or upon the written request of eighteen members of the Tribal Council.
3. Since the Council meets in various places, they may draw or cast lots to determine the location of any subsequent meeting.
4. Only the Chief may call a meeting of the whole tribal membership; he shall also call a meeting of the whole tribal membership at the written request of 18 members of the Tribal Council. The meeting date, time, place, and purpose for the meeting shall be announced publicly ten days in advance to provide an opportunity for a majority of tribal members to hear about it or be aware of the meeting.
5. The Council and the majority of tribal members shall follow the rules of procedure created by the Council when conducting meetings.
Section 4: Quorum
Fifteen Council Representatives present shall represent a quorum for conducting the business of the Council.
Section 5: Approval
A meeting of the planning committee was convened to create procedures for conducting council meetings. These procedures were approved by a majority vote of tribal members not less than 21 years of age. This Constitution and By-Laws shall now be in effect.
Testimony
The Planning Committee of the organization of the Keetoowahs hereby states that following the rules of procedure, the information contained in this Constitution and By-Laws was released to members 21 years of age and over for the purpose of voting on it at the Lyons Community near Stilwell on June 9, 1939. The Council voted with no one opposing.
Gegwili Dagasi,
Chairman of the Council
Yanasa Tsani
Clerk of the Council
Liwi Newadu (Levi Gritts)
Interpreter
June 23, 1939
