Our Constitution
Prairie Band Potawatomi Nation - 1 - Tribal Constitution
Approved December 6, 2007
CONSTITUTION OF THE PRAIRIE BAND POTAWATOMI NATION
PREAMBLE
We, the Prairie Band Potawatomi Nation, in order that our rights: inherent, United States
Constitutional, treaty rights and other rights which arise from statutory law, Executive Order,
tribal or other law and judicial administration be fully protected, exercised, and preserved, to
insure justice and our security, to maintain Potawatomi traditions and customs, to promote
harmony, the common good, social and general welfare and to secure the blessings of
spiritual, educational, cultural, and economic development for ourselves and our posterity, do
ordain and establish this constitution.
ARTICLE I - TERRITORY AND JURISDICTION
Section 1. The authority and jurisdiction of the Prairie Band Potawatomi Nation shall
extend to the fullest extent possible, including, without limitation,
(a) to any and all persons, including non-members and members of the Prairie Band
Potawatomi Nation and including any corporation, other entity or any person located
or doing business on the Nation's Reservation and
(b) to all surface, subsurface or other territory or real or personal property of any
nature within the Nation's Reservation.
Section 2. The Nation's Reservation means:
(a) all territory within the exterior boundaries of the area recognized as the Prairie
Band Potawatomi Nation's Reservation and
(b) all other territory i) which is or in the future may be located outside of said
boundaries and ii) to which it is possible to extend the Nation's jurisdiction or
authority, including, without limitation, territory within the exterior boundaries of
Indian country of the Nation or of its members and all property held by the United
States in trust for the Prairie Band Potawatomi Nation or in trust for a member of the
Prairie Band Potawatomi Nation.
ARTICLE II - LAND
Section 1. Recognition. We, the Prairie Band Potawatomi Nation, do not accept a
diminishing of our sovereign status as a nation and of our vested or inherent rights by the act
of adopting this constitution.
Section 2. The Tribal Council shall establish a standing Committee vested with the
responsibility of protecting and preserving our land rights in accordance with the land
policies of the Nation which are hereby declared to be:
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(a) The Potawatomi Indian Reservees, under a treaty, have a right
paramount and superior to any grant of land to states or others. Until our
collective or individual title shall be fully extinguished in compliance with
treaty law, the grants or assignments of our land to others by executive or
legislative action, in whatever form, cannot operate. We, the Potawatomi,
maintain our inherent and sovereign right to negotiate with the United States
for just compensation for unlawful removal of our lands or property from the
jurisdiction of the Potawatomi Nation without just compensation. We
maintain our right to sue for lands of individual reservees under treaty law.
(b) We thereby claim, by treaty law, all Potawatomi lands granted to
religious orders or educational institutions, which parties failed as agreed to
adequately educate Potawatomi members in exchange for the rights to occupy
and possess such lands.
Section 3. It shall be the duty of the Tribal Council to protect and preserve the individual
members' rights and ownership of trust lands, including the right of inheritance under
applicable law. Further, the Tribal Council shall have the duty to protect and preserve all
tribal lands and to prevent the loss of such lands from tribal ownership.
ARTICLE III - MEMBERSHIP
Section 1. The membership of the Prairie Band Potawatomi Nation shall consist of the
following persons:
(a) All persons born prior to February 19, 1976 (date of approval of this
constitution) who qualified for membership under the previous membership
requirements of the Prairie Band Potawatomi Nation.
(b) All persons of Prairie Band Potawatomi Indian blood born on or after
February 19, 1976 (date of approval of this constitution) who possess at least
one-fourth (1/4) degree Indian blood, who are descendants by blood of Prairie
Band Potawatomi allottees of Prairie Band Potawatomi Indian blood and
whose membership application has been received by the Nation's enrollment
office on or before May 13, 2000, the date of adoption of this amendment.
(c) All persons whose membership applications are received by the Nation's
enrollment office after the adoption of this amendment who possess at least
one-fourth (1/4) degree Prairie Band Potawatomi Indian blood.
(d) The blood degrees shown on the Prairie Band of Potawatomi 1940
Census Roll shall be used in all cases for computing the degree of Potawatomi
Indian blood.
Section 2. Any person who has shared in any land or money by virtue of having been
enrolled as a member of another Indian tribe shall not be enrolled as a member of the Prairie
Band of Potawatomi Indians following the effective date of this amendment.
Section 3. Any person who meets the eligibility criteria in Section 1 but is enrolled as a
member of another Indian tribe may be enrolled as a member of the Prairie Band Potawatomi
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Nation provided that they have not shared in any land or money by virtue of their enrollment
with the other tribe and provided further that they execute a relinquishment of membership
from all other tribes.
Section 4. The Tribal Council shall have the power to adopt ordinances consistent with
this constitution governing future membership, loss of membership, and the adoption of
members into the Prairie Band Potawatomi Nation.
ARTICLE IV - GOVERNING BODY
Section 1. The General Council of the Prairie Band Potawatomi Nation shall consist of
all enrolled members of the Nation who are eighteen (18) years of age or older meeting in a
general council.
Section 2. Specific Powers. The General Council shall have the responsibility for
oversight and regulation of the Nation’s government with the power:
(a) To expend available funds or incur debts of more than $500,000.00 (adjusted
for inflation from the date of adoption);
(b) To review the salaries of officials elected or appointed under the terms of this
constitution;
(c) To audit the Nation’s finances;
(d) To review the annual operating budget;
(e) To audit and investigate allegations of misconduct by government officials in
the absence of a duly constituted Ethics Commission;
(f) To approve any intergovernmental agreements implicating the Nation’s
jurisdiction;
(g) To review any waiver of the Nation’s sovereign immunity; and
(h) To review any land sales and leases longer than seven (7) years.
Section 3. The General Council of the Prairie Band Potawatomi Nation shall elect from
its eligible voters by secret ballot a seven (7) member governing body, called the Tribal
Council, composed of a Chairperson, Vice-Chairperson, Secretary, Treasurer, and three
Council Persons empowered to act on behalf of the Nation as provided in this constitution.
Section 4. Reserved Powers. No provision of this constitution shall be construed as a
limitation of the inherent residual sovereign powers of the Prairie Band Potawatomi Nation.
Any such powers not delegated to the Tribal Council by this constitution are retained for
direct exercise by the General Council of the Nation through referendum as provided for
herein, or for exercise by the Tribal Council following amendment of the constitution.
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ARTICLE V – ENUMERATED POWERS OF TRIBAL COUNCIL
Section 1. Tribal Council Powers. The Tribal Council shall have the responsibility for
lawmaking and shall have the power:
(a) To regulate and conduct government administration and personnel management;
(b) To promote law and order by regulating or prohibiting harmful conduct by any
person;
(c) To regulate domestic relations;
(d) To acquire or lease land and regulate land use by all persons, including but not
limited to zoning and prohibiting trespass;
(e) To protect natural resources and regulate hunting, fishing, trapping, and plant
gathering;
(f) To provide for the education of Nation members and residents;
(g) To protect and strengthen language, culture and traditional knowledge;
(h) To make laws to administer elections;
(i) To expend from available funds or incur debts of not more than $500,000.00
(adjusted for inflation from the date of adoption), except in the event of an emergency
when waiting until the next General Council meeting for approval may threaten the
health and welfare of the Nation;
(j) To approve an annual operating budget;
(k) To levy and collect taxes, including but not limited to taxes on businesses;
(l) To establish procedures governing resolution of disputes and non-dispute
proceedings;
(m) To recommend the establishment of independent governmental boards and
commissions;
(n) To make expenditures from available funds for services authorized and rendered
for tribal purposes, including salaries of tribal officials and employees
;
(o) To grant business charters and recognize foreign chartered organizations;
(p) To enter into contracts and intergovernmental agreements on behalf of the
Nation;
(q) To implement the provisions of this Constitution;
(r) To administer tribal government personnel;
(s) To give special recognition to the Nation’s Veterans and other valued
organizations and individuals; and
(t) To promote and protect the peace, health, education, morals, and welfare of the
Nation and its members.
All actions by the Tribal Council shall take the form of a statute, code, or resolution. All
expenditures of tribal funds by the Tribal Council shall be made in accordance with a budget
approved by a majority vote of the Tribal Council.
Section 2. Duties of Tribal Council Members. Tribal Council Members acting in their
individual capacity shall have the responsibility to develop policies and legislation on behalf
of the Nation. Included within this responsibility is the obligation to serve on committees
and in organizations representing all of Indian Country, with such service subject to the
approval of the Tribal Council on recommendation of the Chairperson. No Tribal Council
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Member shall have any authority to officially represent or obligate the Nation in any way
when acting in their individual capacity except when so authorized by the Tribal Council.
ARTICLE VI – DISPUTE RESOLUTION SYSTEM
Section 1. Establishment. There is established a separate and independent branch of
government, a Judicial Council of the Prairie Band Potawatomi Nation. The Judicial Council
shall possess all judicial authority and no branch of government shall exercise the authority
of another branch of government. The Judicial Council shall be comprised of a judge of a
District Court, justices of a Court of Appeals, and magistrates of an Employment Disputes
Tribunal. A separate mediating branch known as Peacemakers Circle shall also be
established. The District Court shall be comprised of at least one (1) judge, and more than
one if the need arises, and shall have the responsibility for deciding all but government
employment related disputes. The Court of Appeals shall be comprised of three (3) justices
and shall have the responsibility for reviewing appealed decisions of the District Court. The
Employment Disputes Tribunal shall be comprised of five (5) magistrates and shall have the
responsibility for deciding all government employment related disputes. Peacemakers shall
be of such number as may be determined by the General Council and shall have the
responsibility for mediating disputes voluntarily submitted to them by the parties.
Section 2. Appointment and Removal. Judges of the District Court and justices of the
Court of Appeals shall be nominated by the Tribal Council Chairperson and approved by at
least six (6) Tribal Council Members. Candidates for the offices of Judge of the District
Court and Justices of the Court of Appeals must be a citizen or member of an Indian nation, a
graduate of an accredited law school, and be admitted to the practice of law. All Judicial
Council members shall have four (4) year terms. Two (2) magistrates of the Employment
Disputes Tribunal shall be appointed by the Tribal Council, two (2) magistrates shall be
appointed by the Nation’s employees, and one (1) magistrate shall be appointed by the other
four (4) members of the Tribunal. Peacemakers shall be selected by the Nation’s members at
a General Council Meeting.
Judges and justices may be removed by the Tribal Council upon the affirmative vote of at
least six (6) members for moral turpitude, nonfeasance or malfeasance in office, gross
neglect of duty, misconduct reflecting on the dignity and integrity of the Nation or
embezzlement of tribal property or assets. Magistrates and peacemakers may be removed by
their appointing authority.
Section 3. Powers. The District Court shall have such power as may be necessary to
decide all disputes and other proceedings that arise under its criminal and civil jurisdiction,
except election disputes and government employment related disputes. The Court of Appeals
shall have such power as may be necessary to review appealed decisions rendered by the
District Court. The District Court and the Court of Appeals shall have the power to review
legislative and executive actions for consistency with this Constitution. The Employment
Disputes Tribunal shall have such power as may be necessary to decide all government
employment related disputes. The Peacemakers shall have such power as may be necessary
to mediate disputes. The procedures governing actions in the Nation’s courts, tribunals, and
peacemaking process shall be as defined by Nation law.
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ARTICLE VII - ELECTIONS AND NOMINATIONS
Section 1. All enrolled members of the Prairie Band Potawatomi Nation who are 18
years of age or older, or any eligible person 18 years of age or older who has made
application for enrollment, shall be entitled to vote in the first tribal election. Thereafter only
enrolled members 18 years of age or older shall be entitled to vote in any tribal election.
Section 2. Within 15 days after the approval of this constitution the Commissioner of
Indian Affairs shall give notice of the Tribal Council election and within sixty (60) days
thereafter assist the Nation in the conduct of an election for members of the first Tribal
Council under this constitution. The form of the first Tribal Council election shall be by mail
only. The Commissioner of Indian Affairs shall make the necessary regulations in
conformity with this constitution for the first election. In the event there are five (5) or more
candidates for any one office, the Commissioner may make provisions for a run-off election
between the two candidates receiving the highest number of votes. Any qualified member of
the Nation who desires that his name be placed on the ballot as a candidate for the office of
Chairperson, Vice-Chairperson, Secretary, Treasurer or Council Person shall file a
declaration of candidacy with the Superintendent of the Horton Agency for the first election
under this constitution showing their name and the office for which they desire to become a
candidate. Such statement must be filed thirty (30) days prior to the election date.
Section 3. Conduct of all elections after the first election shall be pursuant to the
provisions of this constitution and an ordinance enacted by the Tribal Council within nine (9)
months from date of adoption of the constitution.
Section 4. In order to be qualified for office and seek election to a seat on the Tribal
Council a person must:
(a) Be an enrolled member of the Prairie Band Potawatomi Nation.
(b) Candidates for the offices of Chairperson, Vice-Chairperson, Secretary, and
Treasurer must be 25 years of age or older.
(c) Candidates for the offices of Council Person must be 21 years of age or older.
(d) No person convicted of a felony within the past 5 years shall be a candidate for
any office.
Section 5. Tenure of Office. Beginning with the first regular election following approval
of this amendment the Chairperson, Secretary, and 1 Council Person shall be elected for a
term of four (4) years and the Vice-Chairperson, Treasurer and 2 Council Persons shall be
elected for a term of two (2) years and shall serve until their successors are elected and
installed in office. Thereafter, Tribal Council members elected in regular elections shall
serve four (4) year terms or until their successors are elected and installed in office.
The Term "Tribal Council members", as used in this constitution, shall mean all officers and
Council Persons.
Section 6. A general election shall be held on the fourth Saturday of July every two (2)
years in accordance with such procedures as shall be defined by Nation law. Such law shall
provide for method of voting, secret balloting and absentee voting. Successful candidates for
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elective office must receive the support of at least fifty percent (50%) plus one vote of those
voting. If no candidate receives the support of at least fifty percent (50%) plus one vote of
those voting, then there shall be a run-off election for that position between the two (2)
candidates receiving the highest number of votes four (4) weeks after the general election.
Any tie for the first and second highest vote count shall be decided by a fair and formal coin
toss; or drawing of straws if more than two (2) candidates tie votes, to determine the winner
in the presence of the candidates or their appointed representatives(s) within 48 hours.
Election results shall be certified by the Election Board three (3) days following the general
election and/or run-off election. The Election Board has the authority to review all election
and recall disputes. Successful candidates shall swear an oath to uphold the Nation’s
Constitution and laws following the certification of the results of their election. The Nation’s
courts shall have no authority to suspend an election or otherwise interfere with the electoral
or recall procedures set forth in this Constitution.
ARITCLE VIII- OFFICERS OF THE TRIBAL COUNCIL
Section 1. The Chairperson shall preside over all meetings of the Tribal Council and of
the General Council, except as otherwise provided in this constitution and bylaws, and shall
perform the administrative duties of a Chairperson and exercise only the authority delegated
to the Chairperson by the Tribal Council. The Chairperson may be a cosigner on all
negotiable instruments executed on behalf of the tribe. The Chairperson shall not vote except
in the case of a tie and during regular and special elections of the tribal council members.
Section 2. The Vice-Chairperson of the Tribal Council shall assist the Chairperson when
called upon to do so. In the absence of the Chairperson, the Vice-Chairperson shall have all
the rights, privileges, duties, as well as the responsibilities of the Chairperson.
Section 3. The Secretary shall be responsible for the recording of all meetings and
prompt and efficient handling of all correspondence pertaining to the business of the Tribal
Council and General Council. The Secretary, under the direction of the Chairperson, shall
notify all committees of their appointments and shall maintain custody of the records and all
papers of the Tribal Council and the Nation. The Secretary shall maintain a correct list of all
members of the Council, and shall authenticate all accounts or orders of the Council. In the
absence of the Chairperson and Vice-Chairperson, shall call the meetings to order until a
Chairperson pro-tempore is selected, and shall issue notices of all meetings and conduct all
general correspondence, as directed by the General Council and the Tribal Council. At the
expiration of the term of office the records and all papers in the Secretary's possession shall
be turned over to the newly elected Secretary.
Section 4. The Treasurer shall keep an accurate account of receipts and disbursements of
all funds belonging to the tribe which may come into his or her hands and make appropriate
report to the Tribal Council and to the General Council at the annual meeting.
Disbursements of 20% program funds from judgment awards shall be made only according
to approved programs and budgets. An annual accounting of the judgment funds
expenditures and use shall be submitted to the Horton Agency Superintendent according to
the provisions of the Code of Federal Regulations. The accounts and records of the Tribal
Council and the General Council shall be available at all times for inspection. An audit by
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the Bureau of Indian Affairs of the accounts and records may be made upon request by the
Tribal Council or upon petition by thirty percent (30%) of the eligible voters. Any tribal
funds entrusted to the care of the Treasurer shall be kept in a special account and all
disbursements therefrom shall be made by check or other commercially appropriate means.
The treasurer shall file a surety bond satisfactory to the Tribal Council. The cost of such
bond may be paid from tribal funds. The Treasurer shall be cosigner on all negotiable
instruments executed or issued on behalf of the tribe and shall have the authority to disburse
funds when so authorized by the Tribal Council. The Tribal Council shall have the authority
to appoint a temporary acting treasurer from within the Tribal Council only in the event the
elected treasurer is incapacitated for any reason, in the interim period before a vacancy in the
Treasurer's position is filled according to Article X, Section 1, or whenever the Treasurer
shall refuse to execute or be unavailable to execute a document approved by the Tribal
Council.
ARTICLE IX. ETHICAL RESPONSIBILITIES OF OFFICIALS
Section 1. Ethics Commission. There is established an Ethics Commission. Beginning
with a first election following approval of this amendment the Chairperson and Secretary
shall be elected for a term of four (4) years. The Vice Chair and one (1) other officer shall be
elected for a term of three (3) years. Two (2) other members shall be elected for a term of
two (2) years. Thereafter, it shall be comprised of six (6) members who shall be elected for
three (3) year terms by the General Council every year through an annual election process
conducted by the Election Board. Voting may be in person or by mail-in ballot. Ethics
Commission members shall serve until their successors are elected and installed in office.
Successful candidates must receive the support of at least fifty percent (50%) plus one vote
of those voting. If no candidate receives the support of at least fifty percent (50%) plus one
vote of those voting, then there shall be a run-off for that position between the two (2)
candidates receiving the highest number of votes. Any tie shall be decided within two (2)
days by a fair and formal coin toss; or the drawing of straws if more than two (2) candidates
tie votes to determine the winner in the presence of the candidates or their appointed
representatives within 48 hours. Election results shall be by the Election Board three (3)
days following the annual election and/or run-off election. Successful candidates shall swear
an oath to uphold the Nation’s Constitution and laws following the certification of the results.
Section 2. In order to be qualified and seek election to a seat on the Ethics Commission a
person must:
(a) Be an enrolled member of the Prairie Band Potawatomi Nation.
(b) Candidates for the offices of Chairperson, Vice-Chairperson, Secretary and the
Commissioner position having an initial 3 year term must be 25 years of age or older.
(c) Candidates for the two other Commissioner positions must be 21 years of age or
older.
(d) No person convicted of a felony within the past 5 years shall be a candidate for
any office.
Section 3. Five (5) affirmative votes shall be necessary in order to conduct the business
of the Commission. All meetings and hearings of the Commission shall be open to nation
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members only, provided that the Commission may meet in closed executive session to review
investigatory reports and other privileged and confidential information. The purpose of the
Commission shall be: (i) to develop the Code of Ethics; (ii) to formulate rules and
regulations implementing provisions of this Article and the Code of Ethics; and (iii) to hear
all complaints against nation officials arising under the Code of Ethics. For purposes of this
Article, “officials” are officers elected or appointed under the terms of this constitution. The
Commission shall have an Executive Director and such other staff, including legal counsel,
that it may deem necessary.
The Tribal Council shall fund the Commission at a level sufficient to satisfy its
Constitutional and statutory obligations. Commissioners shall not be paid for their service,
but may receive reimbursement of expenses incurred in performing their official duties.
Commissioners shall be subject to the Code of Ethics and may not run for any other Nation
office for four (4) years after their term expires or ends.
Section 4. The Commission shall have the power: (i) to investigate and hear complaints
against Nation officials that may arise under the Code of Ethics; (ii) to provide informal
advice or written advisory opinions to nation officials to assist them in complying with the
Code of Ethics; (iii) to issue rules and regulations implementing provisions of this Article
and the Code of Ethics; (iv) to administer oaths and issue subpoenas to compel attendance
and testimony of witnesses or production of documents; and (v) to recommend sanctions for
violations of the Code of Ethics to the General Council, including but not limited to a
recommendation that a Nation official be recalled using the regular recall process described
in this constitution.
Section 5. Code of Ethics. Within one (1) year of the effective date of this Amendment,
the Ethics Commission shall develop a Code of Ethics governing the conduct of all Nation
officials. The proposed Code of Ethics shall address the following types of potential official
misconduct; dereliction of duty; conflict of interest; appearance of impropriety; misuse of
confidential information; unauthorized compensation or benefits; unauthorized use of Nation
property, funds, or staff; acceptance of solicitations and excessive gifts; misuse of official
position; misuse of travel funds and leave; harassment; and such other matters as the
Commission may deem necessary. The proposed Code of Ethics, as well as any amendments
in the future, shall be submitted to the General Council for its consideration and approval.
The Code of Ethics shall not supersede existing federal laws or regulations that govern the
Gaming Compact.
ARTICLE X - MEETINGS
Section 1. General Council Meetings. The General Council shall have Regular meetings
on a quarterly basis on the third Saturday of January, April, July, and October at such time
and place as may be determined by the Tribal Council. In the event that the meeting cannot
be held on that date, the Tribal Council shall set a new date within thirty (30) days of the
scheduled date provided that at least twenty (20) days notice is given. Meetings shall be held
within the Nation’s territory. Reports shall be given by the Chairperson, the Vice-
Chairperson, the Treasurer, and the Secretary. The agenda for General Council Meetings
shall be prepared by the Chairperson and posted for review by the Nation’s members twenty
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(20) days in advance of the meeting. The posted agenda shall be final and no matter not on
the agenda may be taken up at the meeting unless three-quarters (3/4ths) of the members who
sign-in at the beginning of the meeting vote to do so. Special Meetings of the General
Council may be called by the Tribal Council or upon the written request of sixty-five (65)
members that is filed with the Secretary. At least fourteen (14) days notice of the Special
Meeting shall be given to the Nation’s members which shall state the specific purpose for
which the meeting is being called. Meetings of the General Council shall be conducted by
such procedures as it may determine.
Section. 2. Tribal Council Meetings. The Tribal Council shall have regular meetings on a
monthly basis on the third Saturday of the month at a time and place determined by the
Tribal Council Chairperson and on such other published dates, as he or she deems necessary
from time to time. Special Meetings of the Tribal Council may be held at the request of the
Tribal Council Chairperson or any four (4) Tribal Council Members. At least twenty-four
hour notice of a Special Meeting shall be given to Tribal Council Members except in the case
of an emergency. The Tribal Council may only conduct official business on behalf of the
Nation in accordance with the provisions of this Article.
Section 3. Meeting Accessibility. All Tribal Council Meetings shall be open to the
Nation’s members, provided that meetings may be closed to discuss personnel matters,
negotiation strategy, litigation strategy, or such other matters in which confidentiality is
essential upon the affirmative vote of at least five (5) Tribal Council Members. All Nation
meetings shall be closed to non-members unless necessary for the conduct of business.
Section 4. Quorum and Vote Requirements. Quorum for taking official action at a
meeting of the General Council shall be sixty-five (65) eligible voters. The General Council
may take official action upon the majority vote of the members in attendance. Quorum for a
meeting of the Tribal Council shall be five (5) members. The Tribal Council may take
official action only upon the affirmative vote of at least (4) members.
ARTICLE XI - POPULAR PARTICIPATION IN GOVERNMENT
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 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.
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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.
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.
ARTICLE XII - VACANCIES AND REMOVAL
Section 1. Filling Vacancies. All vacancies in the Tribal Council caused by removal,
recall, death or resignation shall be filled as follows:
(a) 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 being 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.
(b) 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.
Section 2. Removal.
(a) 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.
(b) 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
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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.
(c) 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.
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.
ARTICLE XIII - RECALL
Section 1. Upon receipt of a petition signed by at least 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 15 days or to call and conduct such a recall meeting within
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.
ARTICLE XIV - BILL OF RIGHTS
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.
Prairie Band Potawatomi Nation - 13 - Tribal Constitution
Approved December 6, 2007
ARTICLE XV - AMENDMENTS
This Constitution may only be amended through a majority vote of eligible voters in an
election called for that purpose by the Election Board and conducted by mail.
It shall be the duty of the Election Board to call an Amendment Meeting of the General
Council on a proposed amendment upon petition of three hundred (300) eligible voters or
upon request by a majority vote of the Tribal Council.
Proposed amendments initiated by petition shall be subject to the following: within fifteen
(15) days of receiving the petition, the Election Board shall review the petition and determine
its validity, including a determination as to the required number of signatures, whether the
signatures are valid and if they are eligible voters. If the petition is determined to be valid,
the Election Board shall call and conduct an Amendment Meeting of the General Council
within sixty (60) days of its determination to discuss the proposed amendment. If the petition
is determined to be invalid, the petition spokesperson shall be notified and given at least one
opportunity to correct any deficiencies. If the Election Board for any reason fails to act upon
the petition within fifteen (15) days, it shall be deemed valid and the petition spokesperson
shall be empowered to call and conduct the meeting of the General Council to discuss the
proposed amendment.
The Election Board shall also call and conduct an Amendment Meeting of the General
Council within sixty (60) days to discuss a proposed amendment initiated by the Tribal
Council.
Once a proposed amendment is discussed and a majority of those present at the Amendment
Meeting vote in favor of the proposed amendment, the proposed amendment shall be mailed
out to all eligible voters within thirty (30) days. An amendment is considered approved if a
majority votes in favor of the amendment.
After a proposed amendment is mailed out for vote, should it fail, it shall not again be
considered for six (6) months. The authority of the Election Board in conducting amendment
meetings shall be final and no court shall have any authority to enjoin or interfere with the
amendment process.
ARTICLE XVI - REPEAL AND SAVINGS CLAUSE
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.
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.
Prairie Band Potawatomi Nation - 14 - Tribal Constitution
Approved December 6, 2007
BYLAWS OF THE PRAIRIE BAND POTAWATOMI NATION
ARTICLE I - BYLAWS
The Tribal Council may propose bylaws to this constitution in order to facilitate the operation
of tribal government, but such bylaws shall not be in effect until ratified by a majority vote of
the General Council. All amendments to the bylaws shall be ratified by the General Council.
ARTICLE II - RATIFICATION
The constitution, when adopted by a majority vote of the qualified voters of the Prairie Band
Potawatomi 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, shall be submitted to the Secretary of the Interior, and if approved shall be effective
from the date of such approval.
(Amended February 19, 1979 and August 28, 1985. The 2000 amendments were approved by the General Council on March 29, 2000 and effective May 13, 2000. The 2007 amendments were approved by the General Council on November 30, 2007 and approved December 6, 2007 pursuant to 25 U.S.C. 476.)