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Crow Constitution & By Laws of the Crow
Tribe of Indians |
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This is a copy of
the Crow Constitution as proposed and
approved Saturday, July 15, 2001, by a
vote of 670-to-449. The vote on the
constitution, like all council actions,
requires approval from the Bureau of
Indian Affairs and ultimately the U.S.
Secretary of the Interior.
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CROW INDIAN RESERVATION,
CROW AGENCY, MONTANA |
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PREAMBLE |
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ARTICLE I — GOVERNING BODY |
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ARTICLE II — TERRITORY |
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ARTICLE III — MEMBERSHIP |
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- Section 1. Membership Criteria |
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- Section 2. Dual Membership
Prohibited |
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Section 3. Enrollment Ordinance |
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ARTICLE IV — EXECUTIVE BRANCH OF
GOVERNMENT |
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Section 1. Executive Officers |
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Section 2. Executive Officer
Compensation |
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Section 3. Enumerated Powers |
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Section 4. General Duties |
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Section 5. Chairman’s Duties and
Authorities |
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- Section 6. Secretary’s Duties |
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ARTICLE V — LEGISLATIVE BRANCH OF
GOVERNMENT |
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Section 1. Membership |
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Section 2. Powers and Duties |
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Section 3. Meetings |
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Section 4. Speaker of the House |
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Section 5. Secretary of the Legislature |
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Section 6. Proposed Legislation |
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- Section 7. Executive Branch
Chairman’s Proposed Legislation |
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- Section 8. Approval and Veto of
Legislation. |
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- Section 9. Conflict of Interest |
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ARTICLE VI — ELECTIONS |
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- Section 1. Executive Branch
Elections |
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Section 2. Legislative Branch Elections |
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- Section 3. Eligible Voters |
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- Section 4. Candidate Requirements |
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- Section 5. Election Ordinance |
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ARTICLE VII — VACANCIES |
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- Section 1. Executive Branch |
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Section 2. Legislative Branch |
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ARTICLE VIII — REMOVAL AND RECALL |
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- Section 1. Executive Branch |
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Section 2. Legislative Branch |
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- Section 3. Recall |
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ARTICLE IX — REFERENDUM AND INITIATIVE |
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- Section 1. Referendum |
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- Section 2. Initiative |
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ARTICLE X — JUDICIAL BRANCH OF
GOVERNMENT |
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ARTICLE XI — BILL OF RIGHTS |
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- Section 1 of ARTICLE XI |
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- Section 2 of ARTICLE XI
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- Section 3 of ARTICLE XI
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- Section 4 of ARTICLE XI |
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ARTICLE XII - AMENDMENTS |
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ARTICLE XIII - ADOPTION |
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ARTICLE XIV - SEVERABILITY |
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ARTICLE XV- APPROVAL |
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PREAMBLE |
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We, the adult members of the Crow Tribe
of Indians located on the Crow Indian
Reservation as established by the Fort
Laramie Treaties of 1851 and 1868, in an
effort to enforce and exercise our
treaty rights, our inherent sovereign
rights, to secure certain privileges and
retain inherent powers do hereby adopt
this Constitution to create a governing
body to represent the members of the
Crow Tribe of Indians, to promote the
general welfare of the Crow Tribe and to
provide for the lawful operation of
government. |
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(TOP) |
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ARTICLE I —
GOVERNING BODY |
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The traditional name of the government
of the Crow Tribe of Indians of the Crow
Indian Reservation shall be the
Apsaalooke Nation Tribal General Council
hereinafter known formally as the Crow
Tribal General Council. The Crow Tribal
General Council as governing body of the
Crow Tribe of Indians hereby establishes
three branches of government, the
Executive, Legislative and Judicial
Branches, which shall exercise a
separation of powers. The Crow Tribal
General Council shall consist of all
adult enrolled members of the Crow Tribe
of Indians eighteen (18) years of age or
older who are entitled to vote.
Descendant members of the Crow Tribe
shall riot be included in the Crow
Tribal General Council of the Crow
Tribe. The Crow Tribal General Council
shall meet biannually for the purpose of
receiving information from the Executive
and Legislative Branches. The Crow
Tribal General Council shall vote, by
secret ballot, on all petitions
forwarded by the Executive or
Legislative Branches for removal of a
Executive Branch Official or Legislative
Branch member or to vote on a referendum
or initiative in accordance with Article
IX of this Constitution. . Any rights or
powers heretofore vested in the Crow
Tribe of Indians but not expressly
referred to in this Constitution shall
not be lost by reason of their omission
from this Constitution but may be
exercised by the Crow Tribal General
Council through the adoption of
appropriate amendments to this
Constitution. |
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(TOP) |
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ARTICLE II —
TERRITORY |
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The jurisdiction of the Crow Tribal
General Council shall extend to all
lands within the exterior boundaries of
the Crow Indian Reservation including
those lands within the original
boundaries of the Crow Indian
Reservation as determined by federal
statutes and case law and to such other
lands as may hereafter be acquired by or
for the Crow Tribe of Indians. |
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(TOP) |
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ARTICLE III —
MEMBERSHIP |
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Section 1.
Membership Criteria.
The Crow Tribal General Council
shall have the inherent authority to
determine membership of the Crow Tribe
of Indians. Membership shall be
determined as follows: |
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(a) |
all persons who possess
one-quarter (1/4) Crow Indian
blood or more; or |
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(b) |
all those persons who are
enrolled as Crow Indians on the
date of passage of this
Constitution; or |
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(c) |
all descendants of such Crow
Indians referred to above with
the enrollment status and
benefits of such descendants
determined by the Crow Tribal
Enrollment Ordinance.
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(TOP) |
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Section 2. Dual
Membership Prohibited.
No person who is or becomes a member of
another tribe, band or group of Indians
shall be eligible for enrollment in the
Crow Tribe of Indians unless he/she
shall first relinquish in writing all
rights to membership in such other
tribe, band or group of Indians. |
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(TOP) |
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Section 3.
Enrollment Ordinance.
The Crow Tribal General Council
shall have the power to adopt
ordinances, consistent with this
Constitution, governing future
membership and loss of '. membership of
members of the Crow Tribe of Indians. |
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(TOP) |
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ARTICLE IV —
EXECUTIVE BRANCH OF GOVERNMENT |
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Section 1.
Executive Officers.
The Crow Tribal General Council shall
elect from its membership by secret
ballot an Executive Branch of Government
which shall consist of a Chairperson,
Vice-Chairperson, Secretary and
Vice-Secretary. Each Executive Officer
shall be elected by the qualified voters
in an election held in accordance with
an Election Ordinance duly adopted by
the Crow Tribe. The Executive Branch of
the Crow Tribe shall operate as a
separate and distinct branch of the Crow
Tribal Government and shall exercise a
separation of powers from the other
branches of the Crow Tribal Government.
Members of the Executive Branch shall
serve a four (4) year term or until
their successors are duly elected and
installed. No person may serve as Tribal
Chairman, Vice-Chairman, Secretary or
Vice-Secretary for more than two (2)
four (4) year terms. A person may not
serve in other Executive Branch
positions after serving two (2) four (4)
year terms as Tribal Chairman. A person
may serve two (2) four (4) year terms in
the positions of Vice-Secretary,
Secretary and Vice-Chairman and still
serve in the other Executive Branch
positions of a higher level for up
to-two (2) terms. A person may not serve
in lower level positions after
completing terms in a higher level
position. |
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(TOP) |
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Section 2.
Executive Officer Compensation.
The Executive Branch Officials shall
serve the Tribe on a salaried, full-time
basis with salaries commensurate with
services and hours provided. Tribal
Officials shall also be entitled to
compensation for travel and expenses.
Further, all Executive Branch Officials
will receive no additional or personal
benefits for their service to the Tribe. |
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(TOP) |
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Section 3.
Enumerated Powers.
The Executive Branch shall exercise the
following powers and responsibilities
herein provided, subject to any
limitations imposed upon such powers by
the statutes and laws of the United
States: |
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(a) |
represent the Crow Tribe of
Indians in negotiation with
Federal, State and local
governments and other agencies,
corporations, associations, or
individuals in matters of
welfare, education, recreation,
social services and economic
development affecting the Crow
Tribe of Indians; |
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(b) |
administer and oversee all
functions of the Executive
Branch of the Crow Tribal
Government including the hiring,
firing, and staffing of all
agencies, departments, and
instrumentalities of the
Executive Branch in accordance
with established written policy; |
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(c) |
engage in any business that will
further the economic well-being
of the members of the Tribe and
undertake any economic
development activity which does
not conflict with the provisions
of the Constitution; |
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(d) |
administer any funds within the
control of the Tribe and make
expenditures from available
funds for tribal purposes,
including salaries and expenses
of Tribal Officials or employees
and prepare an annual budget for
the operation of the Tribal
Government, including separate
budgets for the Legislative and
Judicial Branches, for approval
by the Legislative Branch of the
government and the Secretary of
the Interior; |
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(e) |
employ legal counsel for the
protection and advancement of
the rights of the Crow Tribe and
its members; |
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(f) |
negotiate and approve or prevent
any sale, disposition, lease or
encumbrance of Tribal lands,
interests in lands or other
Tribal assets, including
buffalo, minerals, gas and oil
with final approval granted by
the Legislative Branch; |
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(g) |
enforce all laws, ordinances,
resolutions, regulations or
guidelines passed by the
Legislative Branch providing for
the levying of taxes and
licensing of members and
non-members for various
purposes; |
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(h) |
exclude from the restricted
lands of the Crow Tribe of
Indians persons not legally
entitled to reside therein,
under ordinances which shall
be-adopted by the Legislative
Branch; |
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(i) |
purchase, under condemnation
proceedings in courts of
competent jurisdiction, land or
other property needed for public
purposes, under ordinances which
shall be adopted by the
Legislative Branch; |
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(j) |
protect and preserve the
property, wildlife, and natural
resources including air and
water of the Tribe in accordance
with ordinances adopted by the
Legislative Branch; and |
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(k) |
negotiate and approve limited
waivers of sovereign immunity
when such a waiver is necessary
for business purposes in
accordance with Article V,
Section 2(f) of this
Constitution. |
(TOP)
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Section 4. General
Duties.
The general duties of the Executive
Branch Officials shall be: |
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(a) |
to implement all laws,
resolutions, codes and policies
duly adopted by the Legislative
Branch; |
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(b) |
to provide for the fiscal
management of the Executive
Branch and prepare complete
financial reports for the Crow
Legislative Branch on a
quarterly basis and biannual
reports for the CrowTribal
General Council. The Executive
Branch shall set the financial
budget for the Legislative and
Judicial Branches. |
(TOP) |
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Section 5.
Chairman’s Duties and Authorities.
The specific duties and authorities of
the Chairman shall be: |
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(a) |
to appoint Cabinet members
including a Comptroller who
shall be bonded, Chief Executive
Officer and other such Cabinet
positions adopted by Tribal
Ordinance, Resolution or Policy
who shall all serve in
subordinate positions to the
Tribal Officials; |
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(b) |
to appoint committee members to
Executive Branch committees; |
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(c) |
to delegate, at his prerogative,
his authority, in writing, to
the Vice-Chairman when the
Chairman is unavailable due to
illness or death in the family.
The Tribal Chairman may also, at
his prerogative, delegate his
authority to the Vice-Chairman
in writing from time to time for
specific purposes or projects
and for specific periods of
time. An automatic delegation of
authority from the Chairman to
the Vice-Chairman shall occur if
the Chairman is unavailable or
absent for a period of five
working days. |
(TOP) |
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Section 6.
Secretary’s Duties.
The specific duties and authorities of
the Secretary of the Executive Branch
shall be: |
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(a) |
to keep records of all actions
of the Executive Branch, insure
proper reports in accordance
with this Constitution are
forwarded to the Crow Tribal
General Council; and |
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(b) |
to delegate, at his prerogative,
his authority, in writing, to
the Vice-Secretary when the
Secretary is unavailable due to
illness or death in the family.
The Secretary may also, at his
prerogative, delegate his
authority to the Vice-Secretary
in writing from time to time for
specific purposes or projects
and for specific periods of
time. An automatic delegation of
authority from the Secretary to
the Vice-Secretary shall occur
if the Secretary is unavailable
or absent for a period of five
working days. |
(TOP) |
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ARTICLE V —
LEGISLATIVE BRANCH OF GOVERNMENT |
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Section 1.
Membership.
The Crow Tribal
General Council shall elect three
members from each of the established
districts within the Crow Reservation
known as Valley of the Giveaway or Big
Horn, Black Lodge, Valley of the Chiefs
or Lodge Grass, Arrow Creek or Pryor,
Center Lodge or Reno, and Mighty Few or
Wyola, to serve as legislators
comprising the Legislative Branch of the
Crow Tribal government. The election of
members of the Legislative Branch of
government shall be by secret ballot
voting in each of the Crow Reservation
Districts. The duly elected members of
the Legislative Branch shall be
officially seated thirty (30) days after
election. The Legislative Branch of the
Crow Tribe shall operate as a separate
and distinct branch of the Crow Tribal
Government and shall exercise a
separation of powers from the other
branches of the Crow Tribal Government.
The initial election of the Legislative
members shall be held within sixty (60)
days of approval of this Constitution.
Thereafter, the members of the
Legislative Branch shall be elected by
qualified voters in an election held in
accordance with an Election Ordinance
duly adopted pursuant to Article VI,
Section 5 of this Constitution. One (1)
representative from each district will
serve an initial term of two (2) years
and two (2) representatives shall serve
initial four (4) year terms. After
completion of the initial terms,
election for members of the Legislative
Branch shall occur after four (4) years
from the . commencement of each initial
term, resulting in staggered terms for
the Legislative Branch members. |
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(TOP) |
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Section 2. Powers
and Duties.
The powers and duties of the Legislative
Branch shall be: |
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(a) |
to promulgate and adopt laws,
resolutions, ordinances, codes,
regulations, and guidelines in
accordance with this
Constitution and federal laws
for the governance of the Crow
Tribe of Indians and for
providing for the manner of the
sale, disposition, lease or
encumbrance of tribal lands,
interests in land, or other
assets of the Crow Tribe of
Indians; for providing for the
levying of taxes, licensing of
members and non-members for
various purposes; for the
exclusion of persons not legally
entitled to reside or remain
within the exterior boundaries
of the Crow Indian Reservation; |
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(b) |
to adopt legislation, not
inconsistent with this
Constitution, which is necessary
in exercising the duties
conferred upon the three
branches of government; |
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(c) |
to adopt legislation chartering
instrumentalities of the Crow
Tribe for the purposes of
economic development, housing,
education or other purposes not
inconsistent with this
Constitution; |
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(d) |
to grant final approval or
disapproval of items negotiated
by the Executive Branch of
Government pertinent to the
sale, disposition, lease or
encumbrance of Tribal lands,
interests in lands or mineral
assets provided that a process
for such approval or disapproval
may be established by
legislation;' |
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(e) |
to grant final approval or
disapproval of an annual budget
prepared by the Executive Branch
of Government; and |
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(f) |
to grant final approval or
disapproval of limited waivers
of sovereign immunity by the
Executive Branch of Government
when waivers are necessary for
business purposes provided that
a process for such approval or
disapproval may be established
by legislation. |
(TOP) |
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Section 3.
Meetings.
The Legislative
Branch of the Crow Tribal Government
shall meet quarterly during the second
week of January, April, July and October
at the Crow Tribal Administration
Offices. The Legislative Branch shall be
compensated on an hourly rate basis for
their services and entitled to expenses
in accordance with Tribal policy. The
meetings of the Legislative Branch shall
be conducted in accordance with the most
current version of the Robert's Rules of
Order and any rules of conduct duly
adopted by the Legislature. A quorum for
the Legislative Branch shall be twelve
(12) members plus the Speaker of the
House. Legislators may not vote by
proxy. Upon a tie vote of the
legislators, the Vice-Chairman of the
Executive Branch shall vote to break the
tie. |
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(TOP) |
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Section 4. Speaker
of the House.
At the initial session of the
Legislature, the members shall select a
Speaker of the House to serve until the
following January. Thereafter elections
for . Speaker of the House shall be each
January. The Speaker of the House shall
be entitled to vote. The Speaker of the
House shall conduct all sessions of the
Legislative Branch. Upon the
unavailability or absence of the
Speaker, the members may select a
Speaker of the House pro tem for the one
session, or a portion of the session,
only. |
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(TOP) |
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Section 5.
Secretary of the Legislature.
At the initial session of the
Legislature, the members shall select a
Secretary of the Legislature to serve
until the following January. Thereafter
elections for Secretary of the
Legislature shall be each January. The
Secretary of the Legislature shall be
entitled to vote. The Secretary of the
Legislature shall provide notices of
meeting times, dates and location to all
other members of the Legislative Branch
in accordance with rules established and
adopted by the Legislative Branch. The
Secretary of the Legislature shall keep
minute of all meetings and official
records of the legislative Branch.
The.-Secretary of the Legislature shall
prepare all proposed legislation for
distribution to all members of the
Legislative Branch. |
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(TOP) |
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Section 6.
Proposed Legislation.
Each member of the Legislature shall
bring any proposed legislation to the
legislative body for consideration at
the initial session of the Crow Tribal
Legislature. Thereafter, Members of the
Legislature shall hold a District
meeting at least thirty (30) days prior
to the commencement of each legislative
session. The District Representative
shall provide notice of district
meetings at least ten (10) days prior to
the meeting and in accordance with
policy established by the Legislature.
At least fifteen (15) days prior to the
commencement of the legislative session,
each member may submit proposed
legislation, with a petition bearing
signatures, addresses and enrollment
numbers of at least ten percent (10%) of
the District’s eligible voters, as
recorded in the voter registration roles
of each District, to the Secretary of
the Legislature. The Secretary of the
Legislature shall provide notice to all
members of the Legislature, ten (10)
days prior to the commencement of the
session, with a list of proposed
legislation for consideration by the
Legislature as duly submitted by the
members of the Legislature. |
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(TOP) |
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Section 7.
Executive Branch Chairman’s Proposed
Legislation.
The Chairman of the Executive Branch
shall submit proposed legislation to the
Secretary of the Legislature at least
fifteen (15) days prior to the
commencement of the Legislature. |
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(TOP) |
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Section 8.
Approval and Veto of Legislation.
All legislation passed by the
Legislature must be approved by the
Chairman of the Executive Branch to
become effective. The Chairman has a
right to veto any legislation passed by
the Legislature. Upon a veto of any
proposed legislation by the Chairman,
the Legislature has the power to
override the veto if the proposed
legislation is approved by two-thirds
(2/3) of the members of the Legislature.
Upon an override of the Chairman’s veto,
the Chairman may submit the subject
legislation to the Crow Tribal General
Council for a referendum vote in
accordance with Article IX, Section 1 of
this Constitution. |
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(TOP) |
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Section 9.
Conflict of Interest.
Any member of the Legislature who stands
to gain a personal benefit from any
proposed legislation shall remove
himself from all discussion and the vote
on the legislation. Upon a member’s
refusal from consideration of proposed
legislation due to a conflict of
interest, the member shall not be
counted for purposes of establishing a
quorum. |
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(TOP) |
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ARTICLE VI —
ELECTIONS |
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Section 1.
Executive Branch Elections.
The
current Tribal Officials, constituting
the Executive Branch of the Crow Tribal
Government, in office at the time of
approval of this Constitution by the
Secretary of the Interior or his
authorized representative, shall remain
in office until their successors are
duly elected in November, 2004 and
seated in December, 2004. Thereafter,
elections for all Executive Branch
positions shall be held every four (4)
years in the month of November with
inauguration into office in December. |
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(TOP) |
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Section 2.
Legislative Branch Elections.
The Crow Tribal General Council
shall hold an election of members of the
Legislative Branch within sixty (60)
days of approval of this Constitution by
the Secretary of Interior or his
authorized representative. The initial
election of the Legislative Branch shall
occur after eligible candidates file a
written notice of candidacy with a
$250.00 filing fee with the Secretary of
the Executive Branch within thirty (30)
days of approval of this Constitution
and after proper notice is posted in
each Crow Reservation District. The
election of members of the Legislative
Branch of government shall be by secret
ballot voting in each of the Crow
Reservation Districts. The duly elected
members of the Legislative Branch shall
be officially seated thirty (30) days
after election. Thereafter, all
elections for members of the Legislative
Branch of the Crow Tribal Government
shall be in accordance with a duly
adopted election ordinance. |
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(TOP) |
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Section 3.
Eligible Voters.
Crow Tribal General Council members who
are eighteen (18) years of age or older
at the time of election shall be
entitled to vote in any election of the
Executive Branch, Legislative Branch,
committee elections and referendum
votes. Descendant members of the Crow
Tribe shall not be entitled to vote. |
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(TOP) |
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Section 4.
Candidate Requirements.
All
candidates for all branches of the Crow
Tribal Government must physically reside
within the exterior boundaries of the
Crow Reservation for at least one year
and must be thirty (30) years of age for
any Executive Branch position and
twenty-five (25) years of age for any
Legislative Branch position. Candidates
must further possess a high school
diploma or a General Equivalency
Diploma, unless over 55 years of age and
all candidates shall have no felony
convictions. Candidates for the
Legislative Branch cannot be employed by
the Executive Branch and members of the
Legislature are prohibited from
employment by the Crow Tribe. No person
elected into any position in any branch
of the Crow Tribal Government may be
employed by the United States Government
Bureau of Indian Affairs, Indian Health
Service or other federal agencies. |
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(TOP) |
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Section 5.
Election Ordinance.
The Legislative Branch of the Crow
Tribal Government shall adopt a
comprehensive election ordinance within
six (6) months following the effective
date of this Constitution. Such
ordinance shall prescribe procedures for
the conduct of elections, nominations,
secret balloting, and resolving election
disputes. Provisions shall also be
included regarding the conduct of recall
and referendum elections. Elections to
amend this Constitution shall be
conducted in accordance with Article XII
of this Constitution. |
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(TOP) |
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ARTICLE VII —
VACANCIES |
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Section 1.
Executive Branch.
If an officer of
the Executive Branch of the Crow Tribal
Government shall die, resign, be removed
or recalled, or be convicted of a felony
while in office, the Chairman of the
Executive Branch, or his official
designee, shall immediately declare the
office vacant and direct the Secretary
of the Executive Branch, or his official
designee, to hold an election within
sixty (60) days of the declaration of
vacancy to elect a successor to fill the
unexpired term. The election shall occur
in accordance with the duly adopted
election ordinance. If the position of
Chairman shall become vacant,-the
Vice-Chairman shall act as Chairman
until the election of a new Chairman. If
the position of Secretary shall become
vacant, the Vice-Secretary shall act as
Secretary until the election of a new
Secretary. |
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(TOP) |
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Section 2.
Legislative Branch.
If an officer of the Legislative-Branch
of the Crow Tribal Government shall die,
resign, be removed or recalled, or be
convicted of a felony while in office,
the Speaker of the House of the
Legislative Branch, or his official
designee, shall immediately declare the
office vacant and direct the Secretary
of the Executive Branch, or his official
designee, to hold an election in the
appropriate district within sixty (60)
days of the declaration of vacancy to
elect a successor to fill the-unexpired
term. The election shall occur in
accordance with the duly adopted
election ordinance. |
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(TOP) |
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ARTICLE VIII —
REMOVAL AND RECALL |
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Section
1. Executive Branch.
An Executive Branch Official may submit
a petition to expel any other member of
the Executive Branch who is suspected of
improper conduct or of gross neglect of
duty as specifically defined by the Crow
Tribal General Council, by its
Legislative Branch, in adopted policy.
Such policy shall include the following: |
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(a) |
indictment or charged with a
felony crime; |
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(b) |
serious illness which interferes
with the ability to fulfill
Council responsibilities;
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(c) |
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