Whereas, it is the purpose of the Minnesota Chippewa Tribe, organized under a Constitution and By-Laws ratified by the Tribe on July 20, 1936, and approved by the Secretary of the Interior on July 24, 1936, pursuant to Section 16 of the Act of June 18, 1934, to foster self-government within each of the local groups composing the Minnesota Chippewa Tribe; and,
Whereas, the members of the Minnesota Chippewa Tribe residing on the Mille Lacs Reservation and in nearby settlements, wish to exercise their right to organize and to manage their local affairs; and,
Whereas, it is desired to obtain for such organization a charter from the Tribal Executive Committee setting forth its organization and powers, as provided in Article XI of the Constitution of the Minnesota Chippewa Tribe,
Now, therefore, we, the Executive Committee of the Minnesota Chippewa Tribe by virtue of the authority conferred upon us by Article XI of the Constitution of the Tribe, do hereby issue this Charter to the members of the Tribe residing on the Mille Lacs Reservation and in nearby settlements to be effective when duly adopted.
1. PURPOSES:
In order that the Mille Lacs Organization may be recognized as a part of the Minnesota Chippewa Tribe, may engage in local and tribal affairs in a business-like way, and may exercise more effectively the rights of local self- government, the aforementioned organization is hereby chartered under the name "The Mille Lacs Band of Chippewa Indians".
2. MEMBERSHIP:
Membership in the Mille Lacs Band of Chippewa Indians shall consist of the following:
A)All Chippewa Indians permanently residing on the Mille Lacs Reservation and at, or near, the Villages of Isle, Danbury, East Lake and Sandy Lake, Minnesota, on the date of adoption of this Charter, and their descendants, whose names appear on the approved roll of the Chippewa Tribe as determined by Sections 2 and 3 of the Constitution of the Minnesota Chippewa Tribe;
B) All Chippewa Indians registered, or will be registered, on said roll as Mille Lacs Indians who shall maintain residence on the Mille Lacs Reservation or on any lands under the jurisdiction of the Band.
The Council shall have power to enact ordinances, subject to the approval of the Tribal Executive Committee, providing for the adoption of new members.
3.ORGANIZATION:
A)Structure: The Mille Lacs Band shall have a system of democratic local self-government in which the separate settlements of Chippewa Indians composing the Band shall be recognized as the inhabitants of separate districts and accorded proportional representation on the governing body. The electorate shall consist of all members of the Band who are 21 years of age or over.
B)Governing Body: A council consisting of nine members shall be the governing body of the Band and shall be known as the Mille Lacs Council; such council to be elected on the first Monday in May of each year, for a term of one year, by a popular referendum in each district. Representation on the Council by districts shall be the following: Sandy Lake District one Councilman, East Lake District one Councilman, Danbury District two Councilmen, Isle District two Councilmen, Vineland District three Councilmen. The Council may create or change districts and the representation of any district as the needs of democratic organization may require, provided, any such change shall not cause the representation of any district to be disproportionate to the size of the different populations. A temporary Council shall serve for the period between the ratification of this Charter and the first annual election of Councilmen in May 1939, this temporary Council to be composed of the present tribal delegates and the officers of existing local councils of the above designated districts.
C)Removal from Office: Upon petition of at least two-thirds of the eligible voters of a district for the removal of a council member representing said district, the Council shall call a public hearing on the case and act as the judicial body. The decision of the Council by a two-thirds majority vote shall be final.
D)Vacancies: Should a vacancy in the Council occur for any reason, the Council shall appoint a successor from the district so lacking the representative for the remainder of the term.
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5.MEETINGS OF THE COUNCIL:
A)Regular meetings of the Council shall be held semi-annually, in May and November.
B)Special meetings may be called at any time by the Chairman of the Council.
C)The Chairman of the Council shall call a special meeting of the Council upon a written request of at least one-half of the membership of the Council, or upon resolution adopted by the Council, or upon receipt of a petition signed by at least one-half of the eligible voters of the Band.
D)At any meeting of the Council duly called three members shall constitute a quorum, provided, however, that at least one of the three shall be from the Vermillion Lake Reservation.
6.DUTIES OF OFFICERS:
A)The Chairman as Chief Executive Officer of the Band, shall preside over all meetings of the Council, affix his signature to official documents, countersign warrants duly drawn by the Treasurer against funds of the Band, and shall vote only in case of a tie.
B)The Vice-Chairman shall preside at meetings and otherwise act in full capacity of the Chairman in the absence of the Chairman.
C)The Secretary shall conduct all correspondence, issue public notices, take minutes, record official actions, etc., of the Council, and affix his signature to official documents.
D)The Treasurer shall accept, receipt for and safeguard all funds of the Band as directed by the Council, and keep complete records of receipts and expenditures. He shall be a bonded officer and shall not disburse any funds of the Band except as duly authorized by the Council and he shall report on his accounts and all financial transactions at meetings, upon request of the Council.
7.POWERS OF THE COUNCIL:
The Band Council shall exercise the following powers:
A)To represent the Band and to negotiate with agencies of Federal, State and Local Government on all matters affecting the Band that, in the discretion of the Council, may not more appropriately be handled by the Tribal Executive Committee.
B)To negotiate with the Tribal Executive Committee on all matters affecting the Band and to advise with said Committee on allocations of tribal or government funds and on federal projects, over which the Committee may exercise any control.
C)To manage the enterprises and affairs of the Band.
D)To manage and use any property exclusively owned by the Band or assigned to it by the Tribal Executive Committee, or from any other source.
E)To raise, reserve or expend funds of the Band for the purposes of the Band.
F)To borrow revolving credit funds from the Minnesota Chippewa Tribe in accordance with the regulations of the Secretary of the Interior.
G)To assign income, or pledge chattels of the Band to the Tribe to secure loans from the Tribe.
H)To distribute earnings and profits from activities of the Band to members of the Band.
I)To exercise any existing powers of the Band or other powers not inconsistent with law, that may be delegated to the Band by the Tribe, or by any authorized official or agency or federal, state or local government.
J)To provide for boards, officers and agents and prescribe their powers, duties and compensation, and to delegate to them powers whose exercise shall be subject to review of the Council.
K)To prescribe rules and regulations for its own procedure and for the manner of carrying on the business of the Band.
L)To levy taxes upon members of the Band or to require the performance of labor in lieu thereof; provided, that any such assessment shall be subject to the approval of a majority of the eligible voters of the Band who shall vote at a special referendum on a given measure.
M)To regulate hunting, fishing and trade, and impose license fees within the territorial jurisdiction of the Band, by ordinances which shall be subject to review by the Secretary of the Interior.
N)To protect the peace and welfare of the Band through appropriate ordinances, subject to review by the Secretary of the Interior, and through the establishment of a court and the definition of its powers and duties.
O)To manage, assigne, lease or otherwise administer all unallotted Indian lands within or near the Mille Lacs Reservation that have been, or will be, acquired by or for the Band, or assigned to the Band, in accordinance with ordinance subject to the approval of the Tribal Executive Committee.
8.RIGHTS OF MEMBERS:
All members of the Band shall enjoy full rights as citizens of the United States, and in addition the rights
A)To equal opportunities to share in economic resources and activities of the Band.
B)To bring before the Council grievances that are within the authority of the Council to adjudicate and satisfy.
9.AMENDMENTS:
A)This Charter shall not be revoked except by action of the Tribal Executive Committee, subject to ratification by a two-thirds majority of the eligible voters of the Band who shall vote in a popular referendum.
B) This Charter shall not be surrendered except upon petition of at least thirty percent of the eligible voters of the Band, requesting the Executive Committee to withdraw the Charter, and upon ratification of said Committee's action to withdraw the Charter by a two-thirds majority of the eligible voters who shall vote in a popular referendum.
10.RATIFICATION:
This Charter shall be effective upon ratification by a majority vote of the eligible members of the Minnesota Chippewa Tribe residing on the Mille Lacs Reservation and in the hereinbefore designated settlements who shall vote such ratification to be formally certified by the Superintendent of the Consolidated Chippewa Agency and by the President and Secretary of the Tribal Executive Committee.
Submitted by the Executive Committee of the Minnesota Chippewa Tribe for ratification by the Mille Lacs Band in a popular referendum to be held February 16, 1939.
Pursuant to Article XI of the Constitution and By-laws of the Minnesota Chippewa Tribe this Charter, issued on October 8, 1938, by the Executive Committee of the Minnesota Chippewa Tribe to the Chippewa Indians of the Mille Lacs Reservation and was on February 16, 1939, duly ratified and accepted by a vote of 82 for and 16 against.