UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS FOR THE BIG VALLEY BAND OF POMO
INDIANS
OF THE BIG VALLEY RANCHERIA
CALIFORNIA
APPROVED JANUARY 15,1936
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1936
CONSTITUTION AND BY-LAWS FOR THE BIG VALLEY BAND OF POMO INDIANS
OF
THE BIG VALLEY RANCHERIA
We, the people of the Big Valley Band of Pomo Indians, of the Big Valley Rancheria, in order to establish a legal rancheria organization and secure certain privileges and powers offered to us by the Indian Reorganization Act, do ordain and establish this constitution and by-laws.
ARTICLE I-TERRITORY
The jurisdiction of the Big Valley Band of Pomo Indians shall extend to the territory within the confines of the Big Valley Rancheria, and to such other lands as may hereafter be added thereto under any law of the United States except as otherwise provided by law.
ARTICLE II-MEMBERSHIP
SECTION 1. The membership of the Big Valley
Band of Pomo Indians shall consist of-
(a) All persons of Indian blood whose names appear
on the official census rolls of the band as of April 1, 1935;
(b) All children born to any member of the band
who is a resident of the rancheria at the time of the birth of said children.
SEC. 2. The general community council shall have
the power to promulgate ordinances, subject to review by the Secretary
of the Interior, covering future membership and the adoption of new members,
when the resources of the band make such adoptions feasible.
ARTICLE III-GOVERNING BODY
SECTION 1. The governing body of the Big Valley
Band of Pomo Indians shall be the general community council, which shall
be composed of all the qualified voters of the band. A majority of the
eligible voters shall constitute a quorum.
SEC. 2. All enrolled members of the Big Valley Band
of Pomo Indians who are 21 years of age or over, and who have maintained
legal residence on the rancheria for a period of one year immediately prior
to any election, are qualified voters at such election. Such residence,
however, shall not be required as a qualification for voting upon amendments
to the constitution and attached by-laws.
SEC. 3. The general community council shall elect
from its own members by secret ballot (a) a chairman, (b) vice chairman,
(e) secretary, (d) treasurer, (e) and such other officers and Committees
as may be deemed necessary.
SEC. 4. The general community council shall meet
on the first Monday of January and July.
SEC. 5. Within thirty days after the ratification
and approval of this constitution and by-laws a general community council
shall be held for the purpose of electing the officers named herein, and
it may transact such other business as may be necessary. The officers elected
at this meeting shall serve until the July meeting, at which time their
successors shall be chosen. Thereafter, officials shall be chosen at the
July meeting.
SEC. 6. The chairman, or 25 percent of the qualified
voters, may, by written notice, call special meetings of the general community
council.
SEC. 7. The business committee shall consist of
the chairman, secretary, and treasurer of the general community council,
and shall perform such duties as may be authorized by the council.
ARTICLE IV.-POWERS OF THE GENERAL COMMUNITY COUNCIL
SECTION 1. Enumerated powers.-The general community council of
the Big Valley Band of Pomo Indians shall exercise the following powers,
subject to any limitations imposed by the statutes or the Constitution
of the United States:
(a) To negotiate with the Federal, State, and local
Governments;
(b) To employ legal counsel, the choice of counsel
and fixing of fees to be subject to the approval of the Secretary of the
Interior;
(c) To veto any sale, disposition, lease, or encumbrance
of tribal lands, interests in lands, or other tribal assets of the band;
(d) To advise the Secretary of the Interior with
regard to all appropriation estimates for Federal projects for the benefit
of the Big Valley Rancheria prior to the submission of such estimates to
the Bureau of the Budget and to Congress;
(e) To manage all economic affairs and enterprises
of the Big Valley Band of Pomo Indians in accordance with the terms of
a charter that may be issued to the band by the Secretary of the Interior;
(f) To promulgate and enforce ordinances, which
shall be subject to review by the Secretary of the Interior, governing
the conduct of members of the Big Valley Band of Pomo Indians providing
for the manner of making, holding, and revoking assignments of
tribal land or interests therein, providing for the levying of taxes and
the appropriation of available tribal funds for public purposes, providing
for the licensing of non-members coming upon the rancheria for purposes
of hunting, fishing, trading, or other business, and for the exclusion
from the territory of the band of persons not so licensed, and establishing
proper agencies for the enforcement of such ordinances upon the Big Valley
Rancheria;
(g) To charter subordinate organizations for economic
purposes and to delegate to such organizations, or to any subordinate boards
or officials of the band, any of the foregoing powers, reserving the right
to review any action taken by virtue of such delegated power; and
(h) To adopt resolutions not inconsistent with this
constitution and the attached by-laws, regulating the procedure of the
community council itself and of other tribal agencies, tribal officials,
or tribal organizations of the Big Valley Rancheria.
SEC. 2. Future powers.-The general community
council may exercise such further powers as may in the future be delegated
to the council by members of the band or by the Secretary of the Interior
or any other duly authorized official or agency of the State or Federal
Government.
SEC. 3. Reserved powers.-Any rights and powers
heretofore vested in the Big Valley Band of Pomo Indians but not expressly
referred to in this constitution shall not be abridged by this article,
but may be exercised by the people of the Big Valley Band of Pomo Indians
through the adoption of appropriate by-laws and constitutional amendments.
SEC. 4. Manner of review.-Any resolution
or ordinance which by the terms of this constitution is subject to review
by the Secretary of the Interior shall be presented to the superintendent
in charge of the rancheria, who shall within ten days thereafter approve
or disapprove the same.
If the superintendent shall approve any ordinance
or resolution it shall thereupon become effective, but the superintendent
shall transmit a copy of the same, bearing his endorsement, to the Secretary
of the Interior, who may, within 90 days from the date of enactment, rescind
the said ordinance or resolution for any cause, by notifying the general
community council of such decision.
If the superintendent shall refuse to approve any
ordinance or resolution submitted to him within ten days after its enactment
he shall advise the general community council of his reasons therefor.
If these reasons appear to the general community council insufficient,
it may, by a majority vote, refer the ordinance or resolution to the Secretary
of the Interior, who may, within 90 davs from the date of its enactment,
approve the same in writing, whereupon the said ordinance or resolution
shall become effective.
ARTICLE V-AMENDMENTS
SECTION 1. This constitution and by-laws may be amended
by a majority vote of the qualified voters of the band voting at an election
called for that purpose by the Secretary of the Interior, provided that
at least 30 percent of those entitled to vote shall vote in such election;
but no amendment shall become effective until it shall have been approved
by the Secretary of the Interior.
SEC. 2. At any regular or special general community
council meeting, amendments to this constitution and by-laws may be proposed,
to be acted upon at the next semi-annual general community council meeting.
If approved by a majority vote at such meeting, the proposed amendment
shall be submitted to the Secretary of the Interior, who shall thereupon
call an election upon the proposed amendment.
BY-LAWS FOR THE BIG VALLEY BAND OF POMO INDIANS OF THE
BIG VALLEY RANCHERIA
ARTICLE 1. Each officer elected or appointed hereunder
shall take an oath of office prior to assuming the duties thereof, by which
oath, he shall pledge himself to support and defend the Constitution of'
the United States and this constitution and by-laws.
Oath: I,______ _______, do solemnly swear 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 to the best of my ability; that I will cooperate, promote,
and protect the best interests of my band in accordance with this constitution
and by-laws.
ART. 2. It shall be the duty of the general community
council and each member thereof to promote the general welfare of
the members of this band and to carry out the provisions and purposes of
this constitution and by-laws.
ART. 3. It shall be the duty of the chairman to
preside over all meetings of the general community council and carry out
all orders of the council. All members of the council and all subordinate
officers shall assist the chairman in all proper ways to carry out the
orders of the council.
ART. 4. The general community council secretary
shall keep a full report of all proceedings of each regular and special
meeting of the general council and of the business committee, and shall
perform such other duties of like nature as the council shall from time
to time by resolution provide, and shall transmit copies of the minutes
of each meeting to the superintendent in charge of the rancheria, and to
the Commissioner of Indian Affairs.
ART. 5. The general community council treasurer
shall be the custodian of all moneys which come under the jurisdiction
or into the control of the general community council. He shall pay out
money in accordance with the orders and resolutions of the general community
council. He shall keep account of all receipts and disbursements and shall
report the same to the council at each regular meeting. He shall be bonded
in such an amount as the council may by resolution, approved by the Commissioner
of Indian Affairs, provide. The books of the council treasurer shall be
subject to audit or inspection at the direction of the council or the Commissioner
of Indian Affairs. Until the treasurer is bonded, the business community
may make such provision for the custody and disbursements of funds as shall
guarantee their safety and proper disbursement and use.
ART. 6. The subordinate officers of the general
community council shall perform such duties as the council may from time
to time provide by resolution.
ART. 7. The order of business at any regular or
special meeting of the general community council shall be as follows:
1. Council called to order.
2. Roll call.
3. Reading of minutes of previous meeting.
4. Reports of committees.
5. Report of the council treasurer.
6. Reading of communications.
7. Unfinished business.
8. New business.
9. Adjournent.
ART. 8. Ratification of constitution and by-laws.
This constitution and by-laws, when adopted by a
majority vote of the voters of the Big Valley Band of Pomo Indians voting
at a special election called by the Secretary of the Interior, in which
at least 30 percent of those entitled to vote shall vote, shall be submitted
to the Secretary of the Interior for his approval, and shall be effective
from the date of such approval.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved November 6, 1935,
by the Secretary of the Interior, the attached constitution and by-laws
was submitted for ratification to the Big Valley Band of Pomo Indians of
the Big Valley Rancheria and was on November 30, 1935, duly ratified by
a vote of 24 for and 20 against, in an election in which over 30 percent
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 (Pub., No. 147-74th Cong.).
ROGER A. POSH,
Chairman of Election Board.
FRANK H. MARANDO,
Secretary of Election Board.
ROY NASH,
Superintendent in Charge
of the Rancheria.
I, Harold L. Ickes, the Secretary of the Interior of the United States
of America, by virtue of the authority granted me by the act of June 18,
1934 (48 Stat. 984), as amended, do hereby approve the attached constitution
and by-laws of the Big Valley Band of Pomo Indians of the Big Valley Rancheria.
All rules and regulations heretofore promulgated
by the Interior Department or by the Office of Indian Affairs, so far as
they may be incompatible with any of the provisions of the said constitution
or by-laws, are hereby declared inapplicable to the Big Valley Band of
Pomo Indians of the Big Valley Rancheria.
All officers and employees of the Interior Department
are ordered to abide by the provisions of the said constitution and by-laws.
Approval recommended January 7, 1936.
WILLIAM ZIMMERMAN, Jr.,
Assistant Comissioner
of Indian Affairs.
HAROLD L. ICKES,
Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., January 15,1936.
AMENDMENTS--CONSTITUTION AND BY-LAWS FOR THE
BIG VALLEY BAND OF POMO INDIANS OF THE BIG
VALLEY RANCHERIA
AMENDMENT II.
That an article be added to the Constitution as
follows:
"ARTICLE VI-VACANCIES AND REMOVAL FROM OFFICE"
"SECTION 1. Any officer who may resign, die or be
removed from office, shall be replaced only at, a regular election or at
a special election of the Community Council.
"SECTION 2. Any officer convicted of a felony or
misdemeanor involving dishonesty, in any Federal, State or Indian Court
may be removed from office by a majority vote of the eligible voters of
the Community Council.
"SECTION 3. The Community Council may, by a majority
vote of the eligible voters, expel any officer of the Council for
neglect of duty or gross misconduct; Provided, That the accused shall be
given an opportunity to answer any and all charges at a designated Council
meeting. The decision of the Council shall be final."
CERTIFICATION OF ADOPTION
I, Oscar L. Chapman, the Assistant Secretary of the
Interior of the United States of America, by virtue of the authority granted
me by the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve
the attached Amendments to the Constitution and By-laws of the Big Valley
Band of Pomo Indians of the Big Valley Rancheria.
Approval recommended July 10, 1940.
F. H. DAIKER,
Assistant to the Commissioner.
OSCAR L. CHAPMAN
Assistant Secretary.
[SEAL]
WASHINGTON, D. C., July 12, 1940.