UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS
OF THE
KING ISLAND NATIVE COMMUNITY
ALASKA
RATIFIED JANUARY 31, 1939
UNITED STATES
GOVERNMENT PRINTING OMCH
WASHINGTON. 1940
CONSTITUTION AND BY-LAWS OF THE KING ISLAND
NATIVE COMMUNITY
PREAMBLE
We, a group of Eskimos having a common bond of residence on King Island, Territory of Alaska, in order to promote our welfare through the development and operation of social and economic enterprises, do establish this Constitution and By-laws in accordance with, and by authority of, the Act of Congress of June 18, 1934 (48 Stat. 984), as amended by the Acts of June 15, 1935 (49 Stat. 378), and May 1, 1936 (49 Stat. 1250).
ARTICLE I
SECTION 1. The name of this organization shall be the King Island Native Community, hereinafter called the Community, hereinafter called the Community.
ARTICLE II-MEMBERSHIP
SECTION 1. Original Members.-All persons whose
names appear on the census roll, prepared in accordance with the Instructions
of the Secretary of the Interior for Organization in Alaska, being all
the Eskimos residing on King Island, shall be members of this Community.
SEC. 2. Loss of Membership.-(a) Any
member may give up his membership at any time upon written notice to the
Secretary of the Council, in which case he shall no longer share in the
activities and benefits of this Community, but he may be reinstated as
a member upon filing a written application with the Secretary of the Council
and upon approval being given by a majority vote of the adult members of
the Community present at any regular meeting.
(b) Any member who after notice and an opportunity
to present his defense, is found guilty by the Community of fraud or misconduct
in his relations with the Community or of working deliberately against
the interests of the Community, may be expelled by two-thirds vote of the
adult members present at any regular or special meeting. A person expelled
may be reinstated as a member upon filing a written application with the
Secretary of the Council and upon approval being given by a two-thirds
vote of the adult membership present at any regular meeting.
SEC. 3. New Members.-(a)All children of any
member, who are residents of King Island, shall be members of this Community.
(b) Any Eskimo who becomes a resident of
King Island may become a member of this Community after maintaining
a permanent residence and being adopted by the Council.
SEC. 4. Definition of Residence.-Any person
shall be considered a resident of King Island who maintains a home on King
Island or within any area in the vicinity of King Island which may be reserved
or otherwise acquired for the use of this Community. Temporary absences
shall not constitute loss of residence.
SEC. 5. Rulemaking Power.-The Community may
make rules and regulations to carry out this article.
ARTICLE III-THE COUNCIL
SECTION 1. Composition and Functions.--(a) There shall be a Council
composed of the Chief and six other members elected by the adult members
of the Community.
(b) The Council shall represent the Community
in all its undertakings and shall exercise the powers of the Community
enumerated in this Constitution. It shall be the duty of the Council to
report its activities and the state of affairs of the Community at each
regular meeting of the Community, at which time the members may outline
the policies to be followed by the Council.
SEC. 2. Election.-(a) At the regular meeting
of the Community on the last Monday in December the adult members of the
Community shall make nominations and determine the candidates for election.
Election shall be by standing vote of the adult members of the Community.
(b) The Council shall organize itself within
30 days af each annual election date by electing from within its membership
a Vice-Chief, and from within or without, a Secretary, a Treasurer, and
such other officers as it may deem necessary. Officers elected from without
the Council shall not vote therein.
(c) Rules and regulations governing the conduct
of elections may be adopted by the Community at any regular or special
meeting.
SEC. 3. Tenure of Office.-(a) The term of
office of each elected officer shall expire when his successor is elected
and qualified.
(b) The Chief of the Council shall serve
for a term of two years.
(c) Each of the other members of the Council
shall be elected to serve for a term of two years.
(d) The first election of the Community Council
shall be called and held under the direction of the Principal Teacher at
King Island within 90 days after the ratification of this Constitution.
The members of the Council so elected, other than the Chief, shall divide
themselves into two equal groups "A" and "B" by drawing lots, whereupon
the term of office of those in group "A," and of the first Chief, shall
terminate on the regular election date of the next December following,
and the term of office of those in group "B" shall terminate on the regular
election date of the second December following. Thereafter, each member
of the Council, and the Chief, shall serve two years.
ARTICLE IV-POWERS OF THE COUNCIL
SECTION 1. The Council shall have power: (a)
To negotiate with the Federal and Territorial Governments on behalf of
the Community and to advise and consult with representatives of the Interior
Department on all activities of the Department that may affect the Community.
(b) To manage and control all economic affairs
and enterprises of the Community in accordance with a charter which may
be issued under the Act of June 18, 1934.
(c) To employ legal counsel, the choice of
counsel and fixing of fees to be subject to the approval of the Secretary
of the Interior.
(d) To levy dues, fees, and assessments,
for Community purposes, on members of the Community and to provide
for their collection and enforcement through the deprivation of membership
privileges. No such dues, fees, or assessments shall be laid except by
resolution of the Community membership adopted at any regular or special
membership meeting.
(e) To organize or to charter associations
of Community members for economic purposes and to regulate the same.
(f) To prevent the sale, disposition, lease,
or encumbrance of any land, interest in land or waters, or other assets
of the Community without its consent.
(g) To make assignments of land or water
areas of the Community for use and occupancy to members of the Community
in accordance with the customs of the Eskimos forming this Community or
with the regulations of the Community.
(h) To protect the natural resources of the
Community.
(i) To preserve and cultivate the art, crafts
and culture of the Eskimos of this Community and their customs not in conflict
with Territorial law.
(j) To provide for the guardianship of the
persons and property of minors and mental incompetents, consistent with
Territorial and Federal law.
(k) To provide for filling vacancies in office
consistent with this Constitution.
(1) To advise the Secretary of the Interior
with regard to all appropriation estimates or Federal projects for the
benefit of the Community prior to the submission of such estimates to the
Bureau of the Budget and to Congress.
(m) To aid needy members and protect the
general welfare and security of the Community.
ARTICLE V-BILL OF RIGHTS
SECTION 1. The Council shall not restrict or in any
way abridge the rights of the members of the Community guaranteed under
the Constitution of the United States but it shall be its duty to see that
the full constitutional rights thereof are maintained and preserved.
SEC. 2. All members of the Community in good standing
shall be accorded equal right and opportunity to participate in and enjoy
the resources, property, and benefits of this Organization.
SEC. 3. All members of the Community over the age
of 21 years shall have the right to vote.
ARTICLE VI-CHANGE OF OFFICERS
SECTION 1. Forfeiture of Offlce, Removal, and
Recall.-(a) Any rnember of the Council or other officer of the
Community who is convicted of a felony or any other offense involving dishonesty
shall forfeit his office.
(b) Any member of the Council who is absent
from three regular meetings of the Council without cause or excuse, may
have his seat declared vacant by the Council after notice and an opportunity
to be heard.
(c) Upon a petition signed by one-third of
the adult members of the Community asking for the recall of any member
of the Council, the Council shall call a special meeting of the Community
to vote upon his recall. If the Council member is recalled, the Community
members shall proceed to elect his successor to fill the unexpired term.
SEC. 2. Filling Vacancies.-If the office
of a Council member is vacant for any reason other than his recall, the
Council may appoint a successor, to serve until the next regular meeting
of the Community, at which time a member shall be elected to fill the unexpired
term.
The Council may for the purpose of forming a federation
or union with other organizations of like character appoint a committee
to meet with such other organizations and submit its findings to the said
Council for appropriate action.
ARTICLE VII-FEDERATION
The Council may for the purpose of forming a federation or union with other organizations of like character appoint a committee to meet with such other organizations and submit its findings to the said Council for appropriate action.
ARTICLE VIII-AMENDMENTS
Amendments to this Constitution and By-laws may be proposed by resolution of the Council or of the Community which amendments, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Community voting at an election called for the purpose by the Secretary of the Interior, provided that at least 30 per cent of those entitled to vote shall vote in such election.
BY-LAWS OF THE KING ISLAND NATIVE COMMUNITY
ARTICLE 1-DUTIES OF OFFICERS
SECTION 1. The Chief of the Council shall preside
over all meetings of the Community and of the Council, exercising the usual
duties of chairman and any others delegated to him. He may vote in Council
meetings only in case of a tie or where the vote, is by ballot.
SEC. 2. The Vice-Chief shall act as Chief in the
absence or disability of the Chief.
SEC. 3. The Secretary of the Council shall conduct
all correspondence, and keep a complete and accurate record of all business
transacted at Council or Community meetings. It shall be his duty to give
promptly to the Principal Teacher at King Island for inspection and forwarding
to the Juneau Office of the Office of Itidian Affairs two copies of all
minutes of all regular and special meetings of the Council or Community.
The Secretary shall record all rules, regulations,
and resolutons in appropriate books, indexing the same and assigning a
short title, and may publish the same for the information of the Community.
The Secretary shall notify each person of his election
to an office of the Community within five days thereof.
SEC. 4. The Treasurer of the Council shall accept,
receive, receipt for, preserve and safeguard all funds in the custody of
the Council, whether Community funds or other funds for which the Council
is responsible. He shall deposit all such funds in such banks or elsewhere
as directed by the Council and, when a Federal Charter is adopted, in accordance
with such charter. He shall make and preserve a faithful record of such
funds, and shall report to the Council all receipts and expenditures and
the amount and nature of all funds in his possession or custody. He shall
not pay out or authorize disbursement of any funds for which he is responsible
except upon written authorization of the Council.
The books and records of the Treasurer shall be
audited at, least once each year by a competent auditor employed by the
Council and acceptable to the Juneau Office of the Office of Indian Affairs,
and at such other times as the Council shall direct. He shall give two
copies of the auditor's report and, once each month, two copies of his
trial balance to the Principal Teacher at King Island for inspection and
forwarding to the Juneau Office.
The Treasurer shall be required at the request of
the council or the Commissioner of Indian Affairs to give bond satisfactory
to the Council and the Commissioner. The Treasurer shall be present at
all special or regular meetings of the Council. The Treasurer may with
the advice and consent of the Council appoint assistants.
SEC. 5. The duties of all appointive officers or
agents shall be clearly defined by a resolution of the Council at the time
of their appointment.
SEC. 6. All accounts, records, books and minutes
of the Community shall be subject to examination by members of the Community
and by the Commissioner of Indian Affairs or his authorized representative.
ARTICLE II-QUALIFICATIONS OF OFFICERS
SECTION 1. No person may be a candidate for any elective office unless he has the qualifications of a voter.
ARTICLE: III-INSTALLATION OF OFFICERS
Each person appointed or elected to an
office shall subscribe to the following oath of office before entering
upon the duties thereof:
"I, ---------------------, do solemnly swear (or
affirm) that I will support and defend the Constitution of the United States
against
all enemies; that I will carry out faithfully and impartially the duties
of my office as -------------------- to the best of my ability; that I
will promote and protect, the best interests of the Community, in accordance
with this Constitution and By-laws."
ARTICLE IV-TIME AND PLACE OF COUNCIL MEETINGS AND ORDER
OF
BUSINESS
SECTION 1. The Council shall meet on the first Monday
of April, June, July and October at 7: 30 p.m., unless otherwise ordered
by resolution, and may meet at such other times as may be voted by the
Council. 'I'he Chief or three of the Council members may call a special
meeting on two days' actual notice to the Council members.
SEC. 2. Unless otherwise ordered by resolution of
the council, meetings shall be held at the principal place of business
of the Community.
SEC. 3. A number equal to one-half of the membership
of the Council exclusive of the Chief shall constitute a quorum.
SEC. 4. 'I'he following shall be the order of business
unless changed by or with the consent of the Council, namely,
Call to order by the Chief;
Roll call;
Announcement of quorum;
Reading the minutes of the last meeting;
Correction or approval of the minutes of last rneeting;
Treasurer's report;
Report of Committees;
Unfinished business;
New business;
Adjournment.
SEC. 5. The Council may adopt regulations governing
its procedure, and in the absence thereof, Robert's Rules Of Order shall
govern.
SEC. 6. Every resolution, after the explanatory
clauses, shall begin with the words: "Be it resolved by the Council of
the King Island Native Community."
ARTICLE V-MEETINGS OF THE COMMUNITY
SECTION 1. Regular meetings of the Community shall
be held twice a year on the last Monday in December and the last Monday
in April. Special meetings may be called at any time by the Council and
must be so called upon petition of one-third of the adult members of the
Community. For such meetings three days' posted or written notice must
be given.
SEC. 2. One-third of the adult membership shall
constitute a quorum at any meeting.
SEC. 3. Meetings shall be held at the principal
place of business unless otherwise ordered by resolution of the Community
or, otherwise specified in the notice of a special meeting.
ARTICLE VI-DEFINITIONS
SECTION 1. Whenever the term "Principal Teacher at
King Island" is used it shall be understood to mean the Principal Teacher
for the Department of the Interior, Office of Indian Affairs, or any successor
official representing the Office of Indian Affairs in King Island.
SEC. 2. Where the masculine pronoun is used in this
Constitution and By-laws and other general documents of the Community it
shall be understood to include the feminine.
SEC. 3. The word "adult" means a person who is 21
years of age or over.
ARTICLE VII-RATIFICATION OF CONSTITUTION AND BY-LAWS
This Constitution and By-laws shall be effective
from and after the date of its ratification by a majority of those voting
in an election called for the purpose by the Secretary of the Interior,
provided that at least 30 per cent of those entitled to vote shall vote
in such election, such ratification to be formally certified by the Election
Board.
The persons entitled to vote are all the adult Eskimos
who are residing on King Island, Territory of Alaska, and whose names appear
on a roll of such Eskimos compiled under the Instructions of the Secretary
of the Interior.
This Constitution and By-laws are herewith approved
by the Assistant Secretary of the Interior and submitted for ratification
by the group of Eskimos having a common bond of residence on King Island,
Territory of Alaska, in a popular referendum called and held under the
Instructions of.the Secretary of the Interior.
0SCAR L. CHAPMAN,
Assistant Secretary of the Interior.
WASHINGTON, D. C., September 17, 1938.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved September 17, 1938,
by the Assistant Secretary of the Interior, the attached Constitution and
By-laws was submitted for ratification to the group of Eskimos having a
common bond of residence on King Island, Territory of Alaska, and was on
January 31, 1939, duly ratified by a vote of 51 for and 3 against, in an
election in which over 30 per cent of those entitled to vote cast their
ballots, in accordance with section 16 of the Indian Reorganization Act
of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935
(49 Stat. 378).
The Election Board:
PETER MAYAC,
FRANK ILLANNA,
0ALARANNA.