Proposed Amendments
Observer Staff
11/5/2003 12:00:00 AM
PROPOSED AMENDMENT A
Shall Article II--Territory of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1. Territory.
The Territory of the Saginaw Chippewa Tribe of Michigan shall be comprised of the Isabella Reservation as established by the Executive Order of May 14, 1855, and modified by the Treaty of August 2, 1855 and the Treaty of October 18, 1864, including any and all reservation lands held or acquired pursuant thereto, and any lands heretofore or hereafter acquired and held in federal trust status for the Tribe, wherever located. The Territory shall include all natural resources, air, water, and surface, subsurface, and submerged lands, notwithstanding the issuance of any private property interests, including patents and right-of-ways, to the extent not prohibited by federal law.
SECTION 2. Jurisdiction.
The Jurisdiction of the Saginaw Chippewa Tribe of Michigan shall extend to all persons, activities, and property within the Territory, based upon inherent territorial or popular sovereignty, subject to any limitations imposed by applicable federal law. The Tribe shall have Jurisdiction over all matters reserved by treaty including gathering, hunting, and fishing matters. The Council shall have the power to assert the Sovereignty and Jurisdiction of the Tribe by law over all matters that affect the interests of the Tribe and to the extent provided by other jurisdictional law, except as limited by federal law.
PROPOSED AMENDMENT B
Shall Article III--Membership of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
ARTICLE III - MEMBERSHIP
SECTION 1. Powers and Duties.
The Tribal government shall have the exclusive power to govern Membership by law as of the date of approval of this amended Membership provision. The Tribal Council shall have the duty of maintaining and periodically updating a current and accurate Official Membership Roll, based on this Amended Membership Constitution provision and the rulings of the Tribal Enrollment Board. The Roll shall remain open in order to make modifications and add new members, in accordance with this amended Membership Constitution provision and Tribal law. Any Member shall have the right to access and view the Membership Roll at any time during ordinary business hours.
SECTION 2. Membership.
(a) Eligibility for Membership. Membership shall exclusively consist of the following persons:
(1) Any Indian person listed on the Tribe's most current membership roll before the date of adoption of this Amended Constitution, but this roll will not constitute a base roll for tracing lineal descent in establishing eligibility for new members;
(2) Any Indian person of at least 1/4 Indian blood who is a lineal descendant of any person listed on any of the following:
(i) Annuity rolls for any band of the Saginaw, Swan Creek or Black River Bands of Chippewa Indians of 1859, 1861, 1864, 1865, 1866, or 1867;
(ii) Treaty allotment rolls for the Chippewa Indians of the Saginaw, Swan Creek or Black River Bands of 11/10/1883, 11/13/1885 and 11/7/1891;
(iii) Any treaty patent validly issued in the State of Michigan by the United States pursuant to the Treaty of August 2, 1855 and the Treaty of October 18, 1864 to any Chippewa Indian of the Saginaw, Swan Creek or Black River Bands.
(3) Any Indian person of at least one-quarter Indian blood born to any member under this amended Constitution, and who is a lineal descendant of any person appearing on any of the rolls or allotments listed in Article III, Section 2(a) (2) above.
(b) Restriction on New Applicants. Beginning on the date of approval of this amendment, the Saginaw Chippewa Tribe shall no longer consider or accept for enrollment any person who previously has been enrolled as a member of another Tribe recognized by the United States.
(c) Proof of Blood Quantum.
(1) In the absence of any contradictory evidence any Indian person whose name appears as a Treaty Signatory on behalf of the Saginaw, Swan Creek or Black River Bands of Chippewa Indians prior to 1900, or on the Annuity Rolls listed at Article III � 2(a)(2)(i) above, shall be presumed to possess a full (4/4) blood quantum in the Tribe, which presumption may be rebutted by clear and convincing evidence.
(2) There is a presumption, which may be rebutted by clear and convincing evidence, that a person whose name appears on the March 22, 1939, unless otherwise modified on the official tribal roll approved by the Tribe and the Secretary of the Interior possesses at least the blood quantum identified on that roll for such person's membership eligibility purposes.
(3) Other Indian Blood. Indian Blood attributable to other federally recognized or Chippewa Confederacy tribes as defined by Tribal Code shall be verified by Certificates of Degree of Indian Blood issued by the other tribe. Such determinations shall be based upon the application of generally accepted procedures and standards for determining blood quantum.
(4) Unless there is clear and convincing evidence showing one statement of blood quantum to be more accurate than others when there is a conflict among the rolls listed, then the highest blood quantum listed will be accepted for membership purposes of descendants of such person.
(d) Confirmation of Prior Membership. All Tribal members enrolled before the date of adoption of this amended Constitution shall be conclusively determined to be valid members, subject to challenge only for fraud or misrepresentation as regards to their eligibility for membership pursuant to Article III, Section 2(a).
(e) Dual Enrollment. Dual enrollment with any other federally recognized Indian Tribe is prohibited and shall constitute grounds for disenrollment from the Tribe. The member has thirty (30) days from receipt of notice from the Tribal Council to relinquish his/her membership with the other Tribe or be subject to disenrollment.
SECTION 3. Enrollment Process.
(a) Enrollment or Disenrollment may only be initiated by an elected board made up of three members. The Tribal Council shall enact tribal laws for the Enrollment Board to be elected to terms at least two years and laws regarding the Board's procedures. All notices and actions performed by the Board shall be sent certified mail. Individuals subject to the process shall have the right to appeal to the Tribal Council or their designee. The Enrollment Board shall be the certifier of each individual's enrollment. The Board shall meet at least each quarter of a year and more often as needed. A Board member shall recuse himself or herself if a family member is involved in an action. This provision shall be effective on the date of approval of this amendment.
(b) The Tribal Council or its designee shall hear enrollment appeals in a meeting within a reasonable period of time of the appeal at which hearing the Applicant will be afforded the rights to notice of the deficiency of the application, to confront the evidence against him or her, to counsel at their own expense, and the right to call witnesses. The burden of proof shall be on the member to establish their entitlement to membership by a preponderance of the evidence. The Tribal Council or its designee shall be entitled to make a de novo decision on the appeal. The appellant shall have the judicial review rights enumerated in this Constitution effective on the date of approval of this amendment.
(c) The Enrollment Board members may be removed during the tenure of his or her term or appointment, if he or she is not able to carry out his or her duties and responsibilities, if found guilty of felony or a misdemeanor involving dishonesty, in any court of competent jurisdiction or for other just cause. The Tribal Council may carry out such removals upon a two-thirds majority vote of all Tribal Council members then in office at an open public meeting after notice to the Enrollment Board member and an opportunity for that member to respond to the grounds stated for his or her removal. The Enrollment Board members shall also be subject to recall of the voters, but only one member shall be subject to recall at any time. The Tribal Council may appoint in the event of a vacancy of an Enrollment Board position if less than six months remain in the term, if more a special election shall be held.
(d) No rights vest in membership until after the enumerated process is complete.
SECTION 4. Enrollment Review.
(a) Any person whose name appears on an official membership roll pursuant to 2(a)(1) before the date of adoption of this amendment shall be subject to disenrollment upon proof of fraud or misrepresentation as to their eligibility for membership, and, if necessary, the blood quantum of descendants shall be adjusted accordingly. Notice shall be provided to the individual and the descendants of the individual and they shall be afforded due process to contest the action by the Tribe.
(b) Any person who becomes a member of the Tribe on or after the date of approval of this amendment shall be subject to disenrollment upon proof of fraud, misrepresentation or error as to their eligibility for membership, and if necessary, the blood quantum of descendants shall be adjusted accordingly. Notice shall be provided to the individual and the descendants of the individual and they shall be afforded due process to contest the action by the Tribe.
(c) The burden of proof in enrollment reviews shall be upon the Tribe to establish the grounds for disenrollment by clear and convincing evidence.
SECTION 5. Judicial Review. Judicial review of decisions made under Article III shall be limited to a judicial determination whether the decision in question was arbitrary, capricious, an abuse of discretion or in clear violation of law, including the requirements of due process. If the Tribal Court rules that any such decision was the product of or was tainted by any such defect, it shall reverse the decision and remand the case for further proceedings consistent with said ruling and this amendment.
PROPOSED AMENDMENT C
Shall Article IV--Governing Body, Section 1 of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by renumbering Section 1 as Sub-Section 1(a), adding a new Sub-Section 1(b) and amending Section 8 as follows:
SECTION 1.
(b) Terms.
(i) Council Members shall serve four (4) year staggered terms of office. For the first Council election under this amended Governing Body provision, one half of the Council members from each district shall be elected to serve a four year term. The remaining Council members shall be elected to serve a two (2) year term. Of the Council members elected in the first election from each district the one half who receive the highest number of votes in that district shall be elected to serve the four year term and the remaining candidates elected from that District shall be elected to serve two year terms.
(ii) The same staggered term rules set out in subpart (i) shall apply to the Saganing and At-Large Districts for the first council election which occurs after any point at which they have been authorized to have more than one Council member. If that has not occurred before the first election under this amended Governing Body provision, the sole Council member elected from the Saganing District shall be elected to serve a four (4) year term and the sole Council member elected from the At-Large District shall be elected to serve a two (2) year term.
(iii) Thereafter, all Council members shall be elected for terms of four (4) years, unless they are elected to fill a vacancy, in which event they shall be elected to serve for the balance of the term for the position in which the vacancy occurred.
* * * *
SECTION 8. The first Tribal Council election under this amended Governing Body provision shall occur in November 2003. Thereafter, the Tribal Council election shall take place every two years in the month of November. The date and manner of election to be provided by the Tribal Council as provided in Section 7 of this Article.
PROPOSED AMENDMENT D
Shall Article IV, Sections 1 and 2 of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
1. (a) The governing body of the Saginaw Chippewa Indian Tribe of Michigan shall be known as the Saginaw Chippewa Tribal Council. The Tribal Council shall be composed of sixteen Tribal members elected by popular vote by the respective resident Tribal members entitled to vote in each of three voting districts.
SECTION 2. The respective voting districts and the number of Tribal Council members to be elected from each as follows:
(a) Isabella District - Ten (10) Tribal Council members shall be elected from this District by the resident voting Tribal members of the District. The District shall encompass all of Isabella County in the state of Michigan.
(b) Saganing District - Two (2) Tribal Council members shall be elected from this District by the resident voting Tribal members of the District. The District shall encompass all of Arenac, Bay, Ogemaw and Iosco Counties in the State of Michigan.
(c) At-Large District - Four (4) Tribal Council members shall be elected from this District by the resident voting Tribal members of the District. The District shall encompass the lands within or without the State of Michigan which are not encompassed in either the Isabella or Saganing Districts.
PROPOSED AMENDMENT E
Shall Article VI, Section 1 of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1. The Tribal Council of the Saginaw Chippewa Indian Tribe of Michigan shall exercise the following powers, subject to any limitation imposed by applicable federal law and this Constitution:
PROPOSED AMENDMENT F
Shall Article VI, Section 1(a) of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1
(a) To negotiate with the federal, state, local and other tribal governments; and to enter into contracts or other agreements with any party on behalf of the Tribe consistent with applicable federal and Tribal law.
PROPOSED AMENDMENT G
Shall Article VI, Section 1(b) of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1.
(b) To employ legal counsel, the choice of counsel and fixing of fees.
PROPOSED AMENDMENT H
Shall Article VI, Section 1(n) of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1.
(n) To govern the conduct of all persons while they are within the territorial jurisdiction of the Tribe as defined in Article II of this Constitution, and of tribal members within or without such jurisdiction, except as prohibited by federal law. The Council shall also have the right to govern the conduct of its members in the exercise of treaty reserved rights and immunities, whether on or off the Tribe's reservation land.
PROPOSED AMENDMENT I
Shall Article VI, Section 1(t) of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be amended by deleting the existing language and substituting the following:
SECTION 1.
(t) To enact such laws and ordinances as may support and strengthen the independent operation of the Tribal Courts pursuant to this Constitution and to establish laws to be applied in the Tribal Courts.
PROPOSED AMENDMENT J
Shall Article VII -- "Amendments" of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be renumbered and a new Article VII -- Judiciary Branch be added to the Constitution:
ARTICLE VII JUDICIARY
Section 1. Powers of the Judiciary. The judicial power of the Saginaw Chippewa Tribe shall be vested in the Judiciary. The Judiciary shall have the power to interpret and apply the constitution and the laws of the Saginaw Chippewa Tribe.
Section 2. Establishment. There shall be a Supreme Court and a Trial Court and such other lower courts of special jurisdiction as deemed necessary by the Tribal Council and other forums of special jurisdiction for traditional dispute resolution as deemed necessary by the Tribal Council.
Section 3. Composition of the Supreme Court. The Supreme Court shall be composed of three members of which at least one must be an attorney licensed in a jurisdiction of the United States. The Tribal Council shall appoint all three of these Justices. The term of the Supreme Court Justice shall be six (6) years.
Section 4. Composition of the Trial Court. There shall be two or more Trial Court Judges, one of whom shall be designated as Chief Judge by the Tribal Council. The Trial Court Judges shall be appointed by the Tribal Council for four (4) year terms. In the event all the Trial Court Judges are unable to hear a matter, the Chief Judge may appoint a judge pro-tempore.
Section 5. Jurisdiction.
(a) The Trial Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or in equity, arising under the Constitution, laws, customs, and traditions of the Saginaw Chippewa Tribe, including cases in which the Saginaw Chippewa Tribe, or its officials and employees, shall be a party. Any such case or controversy arising within the jurisdiction of the Saginaw Chippewa Tribe shall be filed in the Tribal Court before it is filed in any other court. This grant of jurisdiction by the tribal community shall not be deemed a waiver of sovereign immunity.
(b) The Supreme Court shall have appellate jurisdiction over cases and controversies from the Trial Court.
Section 6. Peacemaking.
The Supreme Court shall have authority to establish a traditional peacemaking tribunal, which may be empowered to attempt resolution of disputes between tribal members. The matters, which may be heard before the peacemaking tribunal shall be limited to those in which the Supreme Court deems, may be resolved equitably. Decisions by the Peacemaking tribunal shall not be appealed.
Section 7. Qualifications.
(a) The Chief Judge and Associate Judges of the Trial Court shall be admitted before the Saginaw Chippewa Tribal Bar, be at least 30 years old, and possess all qualifications as may otherwise be required by Tribal law. No person convicted of a felony shall serve as Chief Judge or Associate Judge of the Trial Court.
(b) The Justices of the Supreme Court shall be admitted before the Saginaw Chippewa Tribal Bar, be at least thirty-five (35) years old, and possess all qualifications as may otherwise be required by Tribal law. No person convicted of a felony shall serve as a Supreme Court Justice.
Section 8. Removal.
During the tenure of his or her term or appointment, a judge may be suspended or dismissed if he or she is not able to carry out his duties and responsibilities, is found guilty of a felony or is found guilty of a misdemeanor involving dishonesty, in any court of competent jurisdiction or for other just cause upon a two-thirds majority vote of all Tribal Council members then in office at an open public meeting after notice and an opportunity for the Judge to respond to the grounds stated for his or her removal.
PROPOSED AMENDMENT K
Shall Article VII -- "Amendments" of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be renumbered and a new Article VIII -- Bill of Rights be added to the Constitution:
The Saginaw Tribe of Michigan, in exercising its powers of self-government, shall not:
(1) Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of their grievances;
(2) Violate the right of the people to be secure in their persons, houses, papers, property and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
(3) Subject any person for the same offense to be twice put in jeopardy;
(4) Compel any person in any criminal case to be a witness against himself;
(5) Take any private property for a public use without just compensation;
(6) Deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
(7) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or such higher amount as may be permitted by federal and Tribal law, or both;
(8) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
(9) Pass any bill of attainder or ex post facto law; or
(10) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
PROPOSED AMENDMENT L
Shall the existing Article VII -- Amendments of the 1986 Constitution of the Saginaw Indian Tribe of Michigan be renumbered as IX and amended by deleting the existing language and substituting the following:
This Constitution and By-Laws may be amended by a majority vote of the qualified voters in each of the three voting districts at an election called for by the Secretary of the Interior: Provided that, at least thirty (30) percent of those entitled to vote in each district shall vote in such election; but no amendment shall be effective until it shall have been 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 receipt of a petition signed by one-third of the resident qualified voters in each of the three voting districts at the time such petition is filed or upon adoption of a Tribal Council Resolution by a two-thirds (2/3) majority vote of all Tribal Council members.