CONSTITUTION AND BY-LAWS OF THE
YAVAPAI-APACHE INDIAN COMMUNITY
ARIZONA
APPROVED FEBRUARY 12, 1937
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1937
CONSTITUTION AND BY-LAWS OF T HE YAVAPAI-APACHE INDIAN
COMMUNITY OF THE CAMP VERDE RESERVATION
PREAMBLE
We, the Yavapai-Apache Band of Indians of the Camp Verde Reservation, in order to establish a legal commmunity organization, promote the common welfare, 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 Yavapai-Apache Indian Community shall extend to the territory within the confines of the Camp Verde Reservation and to all lands which may 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 Yavapai-Apache Indian
Community shall consist of the following :
(a) All persons of Indian blood whose names
appear on the official census roll as of April 1, 1934, with the supplement
thereto of January 1, 1936.
(b) And all children, born to any member
who are one-half or more, Indian blood.
SEC. 2. The General Community Council shall have
the power to pass ordinances, subject to the approval of the Secretary
of the Interior, covering future membership and the adoption of new members,
except that no person shall be adopted into the Community who has not resided
upon the Reservation for a probationary period of one (1) year.
ARTICLE III -GOVERNING BODY
SECTION 1. The governing body of the Yavapai-Apache
Indian Community shall be the General Community Council which shall be
composed of all the qualified voters of the Yavapai-Apache Indian Community.
SEC. 2. All enrolled members of the Yavapai-Apache
Indian Community who are twenty one (21) years of age or over shall be
qualified voters at each election.
SEC. 3. The General Community Council shall elect
from its own members by secret ballot a Chairman, a Vice-chairman, a Secretary,
a Treasurer, and such other officers and committees as may be deemed necessary.
SEC. 4. The General Community Council shall meet
on the second, Saturday of December and July.
SEC. 5. Within thirty days after the ratification
and approval of this Constitution and By-laws, a General Community
Council shall be called by the present Constitutional Committee in cooperation
with the Superintendent of the Reservation, for the purpose of electing
the officers named herein, and it shall transact such other business as
may be necessary. The officers elected at this meeting shall serve until
the July meeting in 1937, at which time their successors shall be chosen.
Thereafter, officials shall be chosen annually at the July meeting.
SEC. 6. The Chairman, or 25 per cent of the qualified
voters may, by written notice, call special meetings of the General Community
Council. One-third of the qualified voters of the Reservation shall constitute
a quorum at any special or regular meeting.
SEC. 7. There shall be a Business Committee, consisting
of the Chairman, Secretary, and Treasurer of the General Community Council,
which shall perform such duties as may be authorized by that Council.
ARTICLE IV-POWERS OF THE GENERAL COMMUNITY COUNCIL
SECTION 1. Enumerated Powers.-The General
Community Council of the Yavapai-Apache Indian Community shall exercise
the following powers, subject to any limitations imposed by the statutes
or the Constitution of the United States :
(a) To negotiate with Federal, State and local governments.
(b) To employ legal counsel the choice of counsel and fixing
offices 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 without the consent of
the Indians.
(d) To advise the Secretary of the Interior with regard to all
appropriation estimates or Federal projects for the benefit of the Camp
Verde Reservation prior to the submission of such estimates to the Bureau
of the Budget and to Congress.
(e) To manage all tribal economic affairs and enterprises of
the Camp Verde Reservation in accordance with the terms of a Charter that
may be issued to the Yavapai-Apache Indian Community 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 Yavapai-Apache Indian Commumty; providing for the manner of making,
holding, and revoking assignments of tribal lands 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 Reservation for the purpose of hunting, fishing, trading, or other
business, and for the exclusion from the territory of the Camp Verde Reservation
of persons not of persons not so licensed; providing for the establishment
of proper agencies for law enforcement upon the Camp Verde Reservation;
providing codes for the regulation of domestic relations of members, governing
marriage, divorce, legitimacy, and adoption; providing for the issuance
of marriage licenses and decrees of divorce under the supervision of the
Superintendent in charge of the Reservation; and providing for the removal
or exclusion from the Reservation of any non-members whose presence may
be injurious to the people.
(g) To charter subordinate organizations
for economic purposes and to delegate to such organizations, or to any
subordinate boards or officials of the Camp Verde reservation, any of the
foregoing powers, reserving the right to review any action talken by virtue
of such delegated power.
(h) To adopt resolutions not inconsistent
with this Constitution and the attached By-Laws, regulating the procedure
of the Council itself and of other tribal agencles, tribal officials, or
tribal organizations of the Camp Verde Reservation.
SEC. 2. Future Powers.-The General Community
Council may exercise such further powers as may in the future be delegated
to the Council by any member of the Community 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 Yavapai-Apache Band of Indians of the Camp Verde
Reservation, but not expressly referred to in this Constitution, shall
not be abridged by this article, but may be exercised by the Yavapai-Apache
Indian Community 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
of the Reservation 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 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 Council of his reasons therefor. If these reasons appear
to the Council insufficient, it may, by a majority vote, refer the ordinance
or resolution to the Secretary of the Interior, who may, within 90 days
from the date of its enactment, approve the same in writing, whereupon
the said ordinance or resolution shall become effective.
ARTICLE V -AMENDMENTS
SEC. 1. This Constitution and By-laws may be amended
by a majority vote of the qualified voters of the Community voting at an
election called for that purpose by the Secretary of the Interior, provided
that at least 30 per cent 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. 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 qualified voters,
members of the Community.
BY-LAWS OF THE YAVAPAI-APACHE INDIAN COMMUNITY OF THE
CAMP VERDE RESERVATION
ARTICLE I-DUTIES OF OFFICERS
SECTION 1. The Chairman of the General Community
Council shall preside over all meetings of the Council, shall perform the
usual duties of a Chairman, and exercise any authority delegated to him
by the Council. He shall vote only in case of a tie.
SEC. 2. The Vice-Chairman shall assist the Chairman
when called upon to do so and in the absence of the Chairman he shall preside.
When so presiding, he shall have all the rights, privileges and duties
as well as the responsibilities of the Chairman.
SEC. 3. The Secretary of the Council shall conduct
all Community correspondence and shall keep an accurate record of all matters
transacted at the Council meetings. It shall be his duty to submit promptly
to the Superintendent of the jurisdiction, and the Commissioner of Indian
Affairs, copies of all minutes of regular and special meetings of the General
Community Council.
SEC. 4. The Treasurer of the General Community Council
shall accept, receive, receipt for, preserve and safeguard all funds in
the custody of the Council, whether they be Community funds or special
funds for which the Council is acting as trustee or custodian. He shall
deposit all funds in such depository as the Council shall direct and shall
make and preserve a faithful record of such funds and shall report on all
receipts and expenditures and the amount and nature of all funds in his
possession and custody, at each regular meeting of the General Community
Council, and at such other times as requested by the Council or Business
Committee.
He shall not payout or otherwise disburse any funds
in his possession or custody, except in accordance with a resolution duly
passed by the Council. The Treasurer shall be required to give bond satisfactory
to the Council and to the Commissioner of Indian Affairs. Until the
Treasurer is bonded, the Business Committee may make such provision for
the custody and disbursements of funds as shall guarantee their safety
and proper disbursement and use.
SEC. 5. The subordinate officers or members of committees
shall perform such duties as the General Community Council by resolution
shall from time to time provide.
SEC.6. The officers of the Yavapai-Apache Indian
Community may receive such compensation as may be determmed by the General
Community Council, from such funds as may be available.
ARTICLE II-RATIFICATION OF CONSTITUTION AND BY-LAWS
This Constitution and By-laws, when adopted by a
majority vote of the qualified voters of the Yavapai-Apache Band of Indians
of the Camp Verde Reservation voting at a special election called
by the Secretary of the Interior, in which at least thirty per cent of
those entitled to shall vote, shall be submitted to the Secretary of the
Interior for his approval, and shall be in force from the date of such
approval.
CERTIFICATE OF ADOPTION
Pursuant to an order, approved September 16, 1936,
by the Secretary of the Interior, the attached Constitution and By-laws
was submitted for ratification to the members of the Yavapai-Apache Band
of Indians of the Camp Verde Reservation and was on October 24, 1936, duly
ratified by a vote of 86 for and none against in an election in which over
30 per cent of those entitled to vote cast their ballots in accordarice
with section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat.
984) , as amended by the Act of J une 15, 1935 (49 Stat. 378).
JOHN KINSEY,
Chairman of Election Board.
TOM SMITH,
Secretary of the Election Board.
CARL H. SKINNER, Superintendent.
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 Yavapai-Apache Indian Community.
All rules and regulations heretofore promulgated
bv 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
and By-laws are hereby declared inapplicable to the Yavapai-Apache Indian
Community.
All officers and employees of the Interior Department
are ordered to abide by the provisions of the said Constitution and By-laws.
Approval recommended February 10, 1937.
JOHN COLLIER,
Commissioner of Indian Affairs.
HAROLD L. ICKES.
Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., February 12,1937.
AMENDMENT-CONSTITUTION AND BY-LAWS OF THE
YAVAPAI-APACHE BAND OF INDIANS, CAMP VERDE
RESERVATION, ARIZONA
AMENDMENT I
Article III-Governing Body-which reads as follows
:
"SECTION 1. The governing body of the Yavapai-Apache
Indian Community shall be the General Community Council which shall be
composed of all the qualified voters of the Yavapai-Apache Indian Community.
"SEC. 2. All enrolled members of the Yavapai-Apache
Indian Community who are twenty-one ( 21) years of age or over shall be
qualified voters at each election.
"SEC. 3. The General Community Council shall elect
from its own members by secret ballot a Chairman, a Vice Chairman, a Secretary,
a Treasurer, and such other officers and committees as may be deemed necessary.
"SEC. 4. The General Community Council shall meet
on the second Saturday of December and July.
"SEC. 5. Within thirty days after the ratification
and approval of this Constitution and By-laws, a General Community Council
shall be called by the present Constitutional Committee in cooperation
with the Superintendent of the Reservation, for the purpose of electing
the officers named herein, and it shall transact such other business as
may be necessary. The officers elected at this meeting shall serve until
the July meeting in 1937, at which time their successors shall be chosen.
'l'hereafter, officials shall be chosen annually 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. One-third of the qualified voters of the Reservation
shall constitute a quorum at any special or regular meeting.
"SEC. 7. There shall be a Business Committee, consisting
of the Chairman, Secretary, and Treasurer of the General Community Council,
which shall perform such duties as may be authorized by that Council."
shall be amended to read as follows :
"SECTION 1. The governing body of the Yavapai-Apache
Indian Community shall be known as the Community Council and shall consist
of eight (8) members, elected by the qualified voters of the Yavapai-Apache
Indian Community.
"SEC.2. All enrolled members of the Yavapai-Apache
Indian Community who are twenty-one (21) years of age or over shall be
qualified voters at each election.
"SEC. 3. Following each election, the Community
Council shall elect from its membership a Chairman and a Vice Chairman,
and from within or without its own membership a Secretary, a Treasurer,
and such other officers and committees as may be deemed necessary; Provided,
That council officials elected from without the council membership shall
have no vote in the council.
"SEC.4. The first election shall be called within
thirty days after the approval of this amendment at which time four (4)
members from the Yavapai-Apache Indiari Community shall be elected to serve
until the next regular July election, and four (4) members from Yavapai-Apache
Indian Community shall be elected to serve until the second regular July
election. Annually thereafter on the second Saturday of July the Yavapai-Apache
Indian Community shall elect four (4) members to serve a term of two (2)
years.
"SEC. 5. The Community Council shall meet on the
second Saturday of January, April, July, October, and December. The July
meeting shall be a community meeting at which time the annual election
shall be held and the Community Council shall report to the community on
its work during the year.
"SEC. 6 The Chairman or any three or more
members of the Council may, by written notice, call special meetings of
the Council.
"SEC.7. Quorum.-Five or more members of the
Council shall constitute a quorum at any special or regular meeting.
"SEC. 8. Recall.-In order to expel any officers
or councilmen for neglect of duty or gross misconduct, a majority vote
of the members of the Community will be necessary; Provided, That
the accused shall be given an opportunity to answer any and all charges
at a designated Community meeting called for that purpose. The decision
reached at this meeting shall be final.
"SEC. 9. The word 'General' wherever it appears
preceding the terms 'Community' and 'Community Council' throughout the
Constitution and By-laws shall be deleted."
CERTIFICATION OF ADOPTION
Pursuant to an order approved May 9, 1947, by the
Assistant Secretary of the Interior, the foregoing Amendment I was submitted
for ratification to the members of the Yavapai-Apache Band of Indians of
the Camp Verde Reservation and on June 21, 1947, was duly ratified by a
vote of 109 for, and 2 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 ( 49 Stat. 378) .
HARRINGTON TURNER,
Chairman, Yavapai-Apache Indian Community Council.
THOMAS SMITH,
Secretary, Yavapai-Apache Indian Community Council.
THOMAS H. DODGE,
Superintendent, Truxton Canon Agency.
APPROVAL
I, Mastin G. White, Acting 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 Amendment I to the Constitution and By-laws
of the Yavapai-Apache Indian Community of the Camp Verde Reservation, Arizona.
Approval recommended :
WILLIAM ZIMMERMAN, JR.,
Assistant Commissioner of Indian Affairs.
[ SEAL] MASTIN G. W HITE,
Acting Assistant Secretary of the Interior.
WASHINGTON, D. C., August 5, 1947.
AMENDMENT-CONSTITUTION AND BY-LAWS OF THE
YAVAPAI-APACHE BAND OF INDIANS, CAMP VERDE
RESERVATION, ARIZONA
ARTICLE VI-REFERENDUM
A new article shall be added to the Tribal Constitution to read as follows:
ARTICLE VI-REFERENDUM
Upon a petition of at least 25 percent of the eligible
voters of the community, or upon the request of the majority of the members
of the Community Council; any enacted or proposed ordinance and resolution
of the Community Council shall be submitted to popular referendum, and
the vote of the majority of the qualified voters in such referendum shall
decide whether the ordinance or resolution shall thereafter be in effect:
Provided, That one-fourth of the eligible voters shall vote in
such referendum.
CERTIFICATION OF ADOPTION
Pursuant to an order approved May 9, 1947, by the
Assistant Secretary of the Interior, the foregoing Amendment II was submitted
for ratification to the members of the Yavapai-Apache Band of Indians of
the Camp Verde Reservation and on June 21,1947, was duly ratified by a
vote of 109 for, and 2 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 ( 49 Stat. 378) .
HARRINGTON TURNER,
Chairman, Yavapai-Apache Indian Community Council.
THOMAS SMITH,
Secretary, Yavapai-Apache Indian Community Council.
THOMAS H. DODGE,
Superintendent, Truxton Canon Agency,
APPROVAL
I, Mastin G. White, Acting 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 Amendment II to the Constitution and By-laws
of the Yavapai-Apache Indian Community of the Camp Verde Reservation, Arizona.
Approval recommended :
WILLIAM ZIMMERMAN, Jr.
Assistant Commissioner of Indian Affairs.
MASTIN G. WHITE,
[SEAL]
Acting Assistant Secretary of the Interior.
WASHINGTON, D. C., August 5, 1947.