Constitution, continued

Articles I -- VII I Articles VIII -- XIV

Article VIII - Meetings

  1. Section 1. The General Council shall meet annually on the third Saturday in July at a time and place designated by the Tribal Council. Should the Tribal Council determine that it is not possible or appropriate to hold the annual meeting on the specified date, it shall be held within thirty (30) days following on a date to be determined by the Tribal Council provided that at least thirty (30) days notice shall be given of such meeting. The annual meeting in election years shall be held at least two (2) weeks prior to the regular election. Special meetings of the General Council may be called by the Tribal Council when it is deemed expedient and shall be called upon the written request of four (4) members of the Tribal Council. A thirty (30) day notice shall be given for such special meeting which shall include the purpose for which the meeting is being called. The Tribal Council shall have the authority to declare any General Council meeting closed to all non-tribal members except those who were invited or requested to attend for a special purpose.
  2. Section 2. A quorum of the General Council shall consist of sixty-five (65) enrolled members of voting age. A quorum is not required for a special election that may be held in General Council meeting to fill Tribal Council vacancies. No quorum is required in General Council to present information of interest to tribal members and for program and office reports. All other voting except as otherwise provided in this constitution shall require a quorum of the General Council.
  3. Section 3. The General Council in the conduct of its business shall be governed by rules of order specified by resolution of the Tribal Council.
  4. Section 4. General Council meetings are to be held on the Prairie Band Potawatomi Nation's Reservation.
  5. Section 5. All meetings of the Tribal Council may be called by the Chairperson at his or her discretion and shall be called by him or her for the date and time requested upon the written request of any four (4) members of the Tribal Council. Should the Chairperson refuse to call the requested meeting, any four (4) members of the Tribal Council shall be empowered to do so. All members of the Tribal Council shall be notified of any called meeting.
  6. Section 6. A quorum of the Tribal Council shall consist of four (4) members.
  7. Section 7. The Tribal Council shall have the privilege of calling closed executive sessions by the decision of a majority vote of the quorum.
[Back to Top]

Article IX - Popular Participation In Government

  1. Section 1. Initiative. Upon receipt of a valid petition signed by at least three hundred (300) adult enrolled tribal members, it shall be the duty of the Election Board to call and conduct within sixty (60) days an initiative election to be conducted at a special meeting of the General Council. Such meeting shall be for the purpose of presenting to the qualified voters for their determination any issue or question, except recall, and as otherwise provided by this constitution. If the Election Board refuses to notify the petition spokesman of the validation or invalidation of the petition within fifteen (15) days or refuses to call and conduct an initiative election, the petition spokesman shall be empowered to do so. If the Election Board determines that the petition is invalid because of minor errors that can be corrected, the petition spokesman shall be officially notified and given at least one opportunity to bring the petition up to validation according to the petitioning provisions of the Election Ordinance. A decision by the majority of those voting shall be binding on the Tribal Council until it expires by its own terms or is otherwise changed by action of the voters. A quorum must be present to validate such action. Once an initiative issue has been submitted to the voters and rejected, the same issue shall not again be considered for such action for at least six (6) months.
  2. Section 2. Referendum. Upon receipt of a valid resolution supported by an affirmative vote of at least four (4) members of the Tribal Council, the Election Board shall refer to the voters for their determination, such issue requested by the Tribal Council. The Election Board shall decide whether the referendum will be conducted by mail or at an annual or special meeting of the General Council provided a quorum is present. Except for special meetings called for referendum purposes, it shall not be necessary to give prior notice of the matter being referred to the voters. The vote of the General Council shall decide the issue and such decision shall be binding on the Tribal Council until otherwise changed by the voters provided a quorum is present.
[Back to Top]

Article X - Vacancies and Removal

  1. Section 1. Filling Vacancies. All vacancies in the Tribal Council caused by removal, recall, death, or resignation shall be filled as follows:
    1. If the vacancy occurs during the first half of the term following the regular election for the position vacated, it shall be filled within sixty (60) days by either (1) an election called and conducted by the Election Board in a General Council meeting with a quorum required, provided that at least a ten (10) day notice shall be given of the meeting at which the election is to be held, or (2) an election by mail ballot conducted pursuant to the provisions of the Nation's Election Ordinance. The Election Board shall determine which of the above methods shall be used to fill a particular vacancy. Should it be necessary in order to achieve a quorum, the Tribal Council shall have the power to make a temporary appointment pending the completion of the election process.
    2. If the vacancy occurs during the second half of the term following the regular election for the position vacated, the Tribal Council shall fill the vacancy by appointment after affirming with the proposed qualified appointee of his or her acceptance of the position.
  2. Section 2. Removal.
    1. Any member of the Tribal Council who, during the term for which he or she is elected, is convicted of any felony shall automatically forfeit his or her office effective on the date of the initial court conviction.
    2. The Tribal Council shall have the power to remove any member of the Tribal Council by affirmative vote of the majority of the council members of a quorum at a meeting called for that purpose if such member is found to be guilty of any of the following: Moral turpitude, nonfeasance or malfeasance in office, gross neglect of duty, misconduct reflecting on the dignity and integrity of the tribal government, or embezzlement of tribal property or assets. The member charged with any of these offenses shall be given a written statement detailing the charges at least ten (10) days before the meeting at which the Tribal Council is to consider the charges. He or she shall be given an opportunity to appear and answer the charges. In no case shall the individual who is subject to the charges preside at the meeting at which the decision is made on the charges. The removal of only one Tribal Council member may be considered at any meeting.
    3. Failure of any member of the Tribal Council to attend three (3) consecutive meetings of the Tribal Council after having received official notification of the meeting, unless excused by the Tribal Council, shall automatically result in the removal of such officer or Council Person from office.
  3. Section 3. Any member of the Tribal Council removed from office pursuant to Section 2 of this Article shall not be eligible to be elected or appointed to serve on the Tribal Council until after the end of the term in which he or she was serving at the time of the removal.
[Back to Top]

Article XI - Recall

  1. Section 1. Upon receipt of a petition signed by at least three hundred (300) adult tribal members and validated by the Election Board, it shall be the duty of the Election Board to call and conduct within thirty (30) days a special meeting of the General Council to consider the recall of a member of the Tribal Council. Such meeting is subject to quorum provisions. Only one (1) member of the Tribal Council shall be considered for recall at any given recall meeting. Once an individual is subjected to recall proceedings, he or she shall not again be considered for such action during the balance of his or her term of office. If the Election Board refuses to notify the petition spokesman of the validation or invalidation of the petition within fifteen (15) days or to call and conduct such a recall meeting within thirty (30) days, the spokesman for the petitioners shall be empowered to proceed with the call and conduct of the recall meeting. If the Election Board determines that the petition is invalid, the petitioner shall be officially notified and given at least one opportunity to bring the petition up to validation according to the petitioning provisions of the Election Ordinance.
[Back to Top]

Article XII - Bill Of Rights

  1. The protections guaranteed to persons by Title II of the Civil Rights Act of 1968 (82 Stat. 77, 25 U.S.C. 1301 et seq.), against actions of a tribe in exercising its powers of self-government shall apply to the Prairie Band Potawatomi Nation, its officers, and all persons within its jurisdiction. All members of the Prairie Band Potawatomi Nation shall be accorded equal rights pursuant to tribal law. No member shall be denied any of the rights or guarantees enjoyed by citizens under the Constitution of the United States, including, but not limited to, freedom of religion and conscience, freedom of speech, the right to orderly association or assembly, the right to petition for action or the redress of grievances, and due process of law. Employment of legal counsel shall be in accord with Title VI of the Civil Rights Act of 1968. It is provided in this Constitution that the acceptance of the Indian Civil Rights Act (82 Stat. 77, 25 U.S.C. 1301 et seq.) does not waive the tribe's inherent right of immunity from suit.

Article XIII - Amendments

  1. This constitution may be amended by a majority vote of the qualified voters of the Nation voting at an election called for that purpose by the Secretary of the Interior, provided at least thirty percent (30%) of those entitled to vote shall vote in such election. No amendments shall become effective until approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment upon request by a majority vote of the Tribal Council or upon petition of at least three hundred (300) adult members of the Nation. The sole power to request the call of elections to consider and adopt amendments to the Prairie Band Potawatomi Constitution shall be a power designated to the General Council. It is expressly intended that the language of this provision bar the Secretary of the Interior from taking the initiative to call elections for the purpose of considering and adopting amendments to the Prairie Band Potawatomi Constitution unless so requested by a majority vote of the Tribal Council or by a petition of three hundred (300) adult members of the Nation.
[Back to Top]

Article XIV - Repeal And Savings Clause

  1. Section 1. All ordinances and resolutions heretofore enacted by the Prairie Band Potawatomi Nation shall remain in full force and effect except to the extent that they are inconsistent with this constitution.
  2. Section 2. In the event any sentence, paragraph or section be held unconstitutional or invalid by a Federal Court of competent jurisdiction, the remaining sentences, paragraphs or sections shall remain valid and be presumed consistent with the United States Constitution.
Articles I -- VII I Articles VIII -- XIV

[Back to Top]