Advisory Tribal Constitution

CONSTITUTION

of the

CHOCTAW-APACHE TRIBE OF EBARB, LOUISIANA

PREAMBLE

We, the People of the Choctaw-Apache Tribe of Ebarb, Louisiana, in the presence of almighty God and pursuant to the inherent tribal sovereignty possessed by our People from Time Immemorial, do hereby ordain and establish this Constitution in order to effect a fair and well-ordered government, provide for the welfare of our people and our posterity and ensure to ourselves the rewards of our ancestral heritage, cultural traditions and political integrity.

ARTICLE I

Name and Geographical Area

Section 1. The name of the body established hereunder shall be The Choctaw-Apache Tribe of Ebarb, Louisiana (hereafter, the “Tribe”) and shall be constituted by all those persons who are established, pursuant to Article III herein, to be members of the tribe.

Section 2. The jurisdiction of the Tribe shall extend to:

A. Lands, water and other resources as may be hereafter acquired by the Tribe, whether within Sabine Parish, Louisiana, or otherwise, including lands which, through ownership by the Tribe, are taken in trust by the Secretary of the Interior for the beneficial use of the Tribe and its members; and

B. All Tribal members, wherever domiciled, to the fullest extent permitted by applicable laws of the United States of America.

Section 3. This Constitution shall apply to lands owned by the Tribe, except the provisions herein contained shall be without effect with regard to the jurisdictional powers of state government in relation to Tribal land not placed in trust with the Secretary of Interior.

ARTICLE II

Effect and Purpose

Section 1. This Constitution shall be the supreme law of the Tribe. No law effected subsequent to the ratification of this document pursuant to Article XVII, below, shall be valid except to the extent such law is consistent herewith or with an amendment hereto effected pursuant to the provisions of Article XV, below.

Constitution of the Choctaw-Apache Tribe Page 2 of 19 of Ebarb, Louisiana Draft of June 27, 1995

Section 2. It is the purpose of this Constitution to assure the preservation of all existing and future powers of the Tribe and rights of its members arising from any source whatever, to establish and preserve the authority of Tribal members to manage the affairs of the Tribe and to protect and promote the Tribe’s best interests.

ARTICLE III

Membership of the Tribe

Section 1. Members of the Tribe shall be any person who possesses at least one sixty-fourth (1/64th) degree or more blood of Lipan Apache, Choctaw or other American Indian person(s) comprising the Choctaw-Apache Tribe as historically documented, and:

A. At the time of ratification of this Constitution, is domiciled within the limits of the Parish of Sabine, Louisiana;

B. Is a lineal descendent of a person recognized as eligible for enrollment pursuant of Subpart A. of this Section; or

C. Affirmatively establishes to the satisfaction of the Tribal Council that he or she is a lineal descendent of a member of the Choctaw-Apache Tribe as historically documented.

Section 2. An individual’s degree of Indian blood of another federally-recognized American Indian Tribe may be included in his or her total degree of Indian blood, provided, however, that no member of the Tribe may be an enrolled member of any other American Indian Tribe.

Section 3. A parent or legal guardian may file an application for membership on behalf of a person under eighteen (18) years of age.

Section 4. This Constitution may be amended pursuant to the provisions of Article XV, below, to change the blood quantum required for membership in the Tribe, provided such amendment is effected in an election called for that purpose by the Secretary of the Interior.

Section 5. The Tribal Council shall have sole authority to determine eligibility for enrollment as a member of the Tribe. No decree of any court purporting to determine membership in the Tribe, paternity or degree of Indian blood shall be recognized by the Tribe as determinative of membership in the Tribe, although such a ruling shall be considered by the Tribal Council when application is made by or on behalf of an applicant for Tribal membership.

Constitution of the Choctaw-Apache Tribe Page 3 of 19 of Ebarb, Louisiana Draft of June 27, 1995

ARTICLE IV

Voting

Section I. All Tribal members eighteen (18) years of age and over shall have the right to vote in elections of the Tribe.

Section 2. Upon approval of this Constitution by the Secretary of the Interior, the following Voting Districts of the Tribe (“Voting Districts”) shall be established:

Voting District Number

Area within Voting District

1

[Insert location of polling place:

demarcation and description of Voting District]

2

3

4

5

6

7

Member at Large Representative;

represents all Tribal members domiciled outside Sabine Parish, Louisiana.

Section 3. Tribal members living outside Sabine Parish, Louisiana, shall be deemed Absentee Members and shall elect the Member-At-Large of the Tribal Council who shall represent Absentee Members in matters before the Tribal Council.

Section 4. All voting members of the Tribe shall together elect the Chairman and Vice-Chairman. Tribal Council representatives shall be elected by the voting members of the Voting District from which each Tribal Council representative is elected.

Section 5. Tribal elections shall be conducted by secret ballot and voting results shall be certified as provided for in Section 6. of this Article.

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Section 6. Within ninety (90) days following the approval of this Constitution by the Secretary of the Interior and prior to any Tribal election conducted hereunder, the Tribal Council serving on the date on which this Constitution is so approved shall enact an Election Ordinance, consistent with the provisions of this Constitution, which sets forth procedures to be followed in Tribal elections authorized herein. The Election Ordinance shall include provisions to address at least the following:

A. A uniform design, which may include required text and language, for official Tribal ballots;

B. Election procedures, which may provide for the establishment of primary election procedures and the certification of voting results;

C. Secret balloting;

D. Voter registration procedures;

E. Absentee voting;

F. Maintenance of a list of qualified voters;

G. The establishment and provisions for modification of voting districts and designation of a polling place or polling places, as may be mandated as necessary by the Tribal Council.

H. Certification of candidates for Tribal office, which shall, at a minimum, prohibit persons convicted of a felony by any court of competent jurisdiction from seeking or holding office and may require that candidates for public office successfully pass drug screening tests prior to being certified to run for Tribal office, provided any and all candidates for Tribal office are required to  submit to such drug screening test.

I. Mediation and disposition of election disputes;

J. Election regulations which shall include civil and criminal sanctions to which any individual convicted of election fraud shall be subject; and

K. The establishment of a Tribal Election Board which shall be responsible for ensuring fairness and uniformity in Tribal elections.

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ARTICLE V

Rights of the People

Section 1. This Constitution shall have no effect with regard to rights, protections and benefits to which Tribal members may otherwise be entitled.

Section 2. The right of Tribal members to freedom of expression shall not be abridged.

Section 3. There shall be no official religion of the Tribe and no requirement concerning religious affiliation shall be established by the Tribe. The right of Tribal members to freely exercise their religious beliefs shall not be abridged.

Section 4. Tribal members shall be guaranteed rights to associate freely, to peaceably assemble together for the common good of the Tribe and to participate fully in the political processes of the Tribe.

Section 5. Tribal members shall be guaranteed the right of equal protection under law.

ARTICLE VI

Powers and Organization of the Tribal Government

Section 1. Subject to any and all enactments of law of the United States of America and upon approval of this Constitution by the Secretary of the Interior, the Tribal government shall be comprised of two (2) branches, an Executive division, which shall include the offices of Tribal Chairman and Vice Chairman, and a Legislative division, which shall be designated the Tribal Council of the Choctaw-Apache Tribe of Ebarb, Louisiana.

The Tribe reserves for itself the power to establish, and upon approval by a majority of Tribal Council representatives present, a Judicial division at any time subsequent to the effectuation of this Constitution.

Section 2. The Tribal Chairman, Vice Chairman, Tribal Council representatives, Judges and Treasurer shall be deemed officers of the Tribe.

Section 3. Financial agreements into which the Tribal Council enters shall be binding against the Tribe throughout the term of repayment of any lawful debt of the Tribe.

Section 4. Tribal residents shall belong to District Wards which shall correspond to the Voting Districts authorized pursuant to Article IV, Section 2., above.

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A.  A District Ward shall have the power to require, in any matter before the Tribal Council, the Tribal Council representative elected therefrom to vote according to the direction of a majority of District Ward members present at the District Ward meeting at which such direction is effected. The District Ward may also require its Tribal Council representative to make  periodic reports to the membership of the District as frequently as shall be determined by a majority of District Ward members present at the District Ward meeting at which such reports are elected to be required.

B. A Tribal Council representative who fails to comply with requirements effected by a District Ward shall be subject to recourse approved by a majority of the total number of District Ward members, which may include, at the discretion of the District Ward members, removal from office, provided such removal is effected pursuant to the provisions of Article XI, Section 2., below.

Section 5. No person who has been convicted of a felony by any court of competent Jurisdiction shall be eligible to hold Tribal office.

ARTICLE VII

The Executive Branch

Section 1. The Tribal Chairman shall serve as the Chief Executive of the Tribe. The Chairman shall be charged with binding responsibility for the execution of all official papers of the Tribe, the implementation of laws finally effected by the Tribal Council and the conduct of matters of the Executive Branch in a manner consistent with laws of the United States and of the Tribe.

Section 2. The Vice Chairman of the Tribe shall assist the Chairman in the execution of matters charged to the responsibility of the Executive branch and shall act as Tribal Chairman in the absence of the Chairman. When acting as Tribal Chairman, The Vice Chairman shall be bound by the provisions of Section 1. of this Article.

Section 3. Any member of the Tribe who is at least thirty-five (35) years of age, and at least one-thirty second (1/32) degree Indian blood and has resided in Sabine Parish, Louisiana, for a period not less than five (5) years prior to filing for candidacy for Tribal office shall be deemed eligible to hold the office of Chairman or Vice Chairman of the Tribe.

Section 4. The Tribal officers serving as Chairman and Vice Chairman on the date on which this Constitution is first approved by the Secretary of the Interior shall serve out their respective terms of office. Upon the expiration of the term of office of the

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Chairman and Vice Chairman serving on the date on which this Constitution is first approved by the Secretary of the Interior, a general election shall be conducted in order to elect a Tribal Chairman and Vice Chairman in procedures established pursuant to Article IV, Section 6. above.

Section 5. The Tribal Chairman and Vice Chairman shall be elected for a term of three (3) years and shall assume office on the thirtieth (30th) day of June following election to office. Duly elected Chairmen and Vice Chairmen shall serve until their respective successors are elected and installed, unless such person has been removed from office pursuant to Article XI, below.

Section 6. The Tribal Chairman shall establish an annual budget providing for the expenses of the Executive division. The Chairman shall have responsibility to establish reasonable salaries and benefits of employment for Tribal employees and shall present the annual Executive division budget for approval by the Tribal Council not less than sixty (60) days prior to the beginning of the Tribe’s fiscal year.

Section 7. Except under extraordinary circumstances and in instances in which a conflict of interest exists to prevent the Tribal Chairman from exercising the authority otherwise granted pursuant to this provision, the Tribal Chairman shall have exclusive responsibility for personnel matters of the Tribe and shall execute such responsibility consistent with personnel policies and procedures which he or she shall present for approval by the Tribal Council first installed under effect of this Constitution. However, no provision of personnel policies and procedures of the Tribe shall disempower the Tribal Chairman from expeditiously removing a Tribal employee charged in a court of competent jurisdiction with defrauding or attempting to defraud the Tribe as such term or other pertinent terms are defined by law of the Tribe, the United States of America or the State of Louisiana.

Section 8. The Tribal Chairman shall manage, administer and direct the operation of Tribal programs, activities and services on which he or she shall make a report not less than annually to the Tribal Council. The Tribal Chairman shall determine official working hours of Tribal employees and shall have authority to set forth Tribally-recognized holidays and to proclaim holidays special to the Tribe.

Section 9. Subject to approval by the Secretary of Interior, the selection of legal counsel of the Tribe shall be initiated by the Tribal Chairman and referred for approval by the Tribal Council.

Section 10. The Tribal Chairman shall have powers of administrative veto and to submit legislation for consideration by the Tribal Council.

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ARTICLE VIII

The Legislative Branch

Section 1. The power to enact laws of the Tribe shall be within the exclusive province of the Tribal Council.

Section 2. The Tribal Council shall consist of seven (7) members, one (1) of whom shall be elected to represent each of the Voting Districts designated in Section 3. of this Article and one of whom, a Member-At-Large who shall be elected from among and shall represent Absentee Members, provided that the Tribal Council shall have responsibility for reapportionment based on population whenever necessary.

Section 3. Members of the Tribal Council must be Tribal members who are at least thirty-five (35) years of age and at least one-thirty second (1/32) degree Indian blood and have resided within the Voting District from which elected for not less than five (5) years prior to announcing their candidacy for office. Tribal Council representatives must remain residents of the Voting District from which they were elected throughout the term of office as a Tribal Council representative or be automatically removed from his or her seat on the Tribal Council.

Section 4. The Tribal Council representatives installed on the date on which this Constitution is first approved by the Secretary of the Interior shall serve out the remainder of their terms of office. Upon the expiration of such terms of office, a general election shall be conducted in order to elect Tribal Council representatives in procedures established pursuant to Article IV, Section 6., above.

Section 5. In its first regular session of every year, the Tribal Council shall organize and elect officers, including a Speaker of the Council who shall preside over Tribal Council meetings. The Speaker of the Council shall retain all voting and other rights and privileges of a Tribal Council representative.

Section 6. The Tribal Council shall exercise the following powers, subject to any limitations imposed by the applicable statutes of the United States and subject further to all express restrictions upon such powers contained in this Constitution.

A. Powers not subject to review by the Secretary of the Interior, except where specifically required by Law:

1. To negotiate with Federal, State, local governments and private parties on behalf of the Tribe;

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2. To determine the disposition of Tribal assets not held in trust by the Secretary of the Interior, including acquisitions, leasing and encumbrance, and to pledge Tribal assets as security in financial matters, subject to applicable federal law;

3. To advise the Secretary of the Interior and the Congress of the United States of the wishes of the Tribe with regard to federal projects or appropriations for the benefit of the Tribe;

4. To appoint subordinate officials, committees and boards, and to prescribe their duties and powers;

5. To provide for the manner in which Tribal elections are conducted;

6. To regulate its own procedure and to preside over all matters of impeachment of Tribal officials;

7. To promote the health, peace, morals, education and general welfare of the Tribe and its members;

8. To expend money in conformance with an annual, adopted budget and establish a schedule of salaries and benefits of employment with respect to employees of the Tribe’s Legislative Branch;

9. To expend for any public purpose within a fiscal year an amount equal to ten percent (10%) of annual net revenues as anticipated in the Tribe’s budget as adjusted quarterly;

10. To administer all Tribal property;

11. To transfer or convey assets of the Tribe to a corporation of the Tribe and to contract with corporations of the Tribe for the management of assets of the Tribe;

12. To recognize associations of the Tribe and to approve such organizations, provided, however, that no organization shall be an official organization of the Tribe except where expressly chartered by the Tribal Council;

13. To levy dues, fees and taxes on members of the Tribe;

14. To provide for the maintenance of law and order;

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15. To do such other acts of governmental or public nature not prohibited by specifically applicable federal law or this Constitution;

16. To override an administrative veto effected by the Tribal Chairman; and

17. To pass ordinances necessary or incidental to the exercise of any of the foregoing powers.

B. Powers subject to review by the Secretary of the Interior:

1. To determine the disposition of Tribal trust assets, including acquisition, leasing and encumbrance, and to pledge Tribal assets as security in financial matters, subject to applicable federal law;

2. To provide by ordinance for the appointment of guardians for minors and mental incompetents;

3. To prescribe rules of inheritance which shall not be in conflict with specifically applicable Federal laws;

4. To levy dues, fees and taxes on non-members residing or doing business on lands of the Tribe;

5. To provide by ordinance for the removal or exclusion from lands of the Tribe, insofar as such use and disposition affects the welfare of the Tribe at large;

6. To regulate the use and disposition of property of members of the Tribe, limited, however to instances in which such use and disposition affects the welfare of the Tribe at large;

7. To establish and subordinate organizations for business purposes;

8. To purchase or otherwise acquire property of members of the Tribe for public purposes;

9. To enact civil codes and ordinances governing the conduct of all persons domiciled or doing business on lands of the Tribe and to enact criminal codes governing the conduct of Tribal members domiciled on lands of the Tribe;

10. To prepare and adopt budgets; and

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11. To pass ordinances and resolutions necessary or incidental to the exercise of any of the foregoing powers.

Section 7. The Tribal Council shall select, on the basis of professional qualification, a Legislative Secretary, who shall record minutes of the Tribal Council and committees thereof.

A. The Legislative Secretary shall be a Tribal member and shall serve as an employee of the Tribe’s Legislative Branch. The salary of the Legislative Secretary shall be established and approved by the Tribal Council.

B. All materials developed and maintained by the Legislative Secretary shall be the property of the Tribe and public records of the Tribe. Tribal members shall be allowed access to all such materials within the normal business hours of the Tribe.

Section 8. The Tribal Council shall select, on the basis of professional qualification, a Tribal Treasurer who shall serve as the Tribe’s Chief Financial Officer.

A. The Tribal Treasurer’s salary shall be established and approved by the Tribal Council; the Tribal Treasurer shall work under the joint supervision of the Tribal Council and the Tribal Chairman.

B. Preference shall be given to Tribal members in the selection of the Tribal Treasurer. No person with any prior conviction for misuse of funds or a crime of a financial nature or is found to have been discharged from any prior position of employment for negligent or fraudulent mishandling of funds shall be eligible for selection as Tribal Treasurer.

Section 9. The presence of five (5) Tribal Council representatives at a duly called meeting of the Council shall constitute a quorum.

Section 10. A simple majority of votes shall be necessary to enact a resolution, ordinance, regulation or rule or effect any other decision of the Tribal Council.

Section 11. The Tribal Council shall act upon all appointments requiring confirmation thereby within thirty (30) days or less after such appointment is referred for action by the Tribal Chairman. In the event the Council fails to so act within the time-frame set forth herein, the referred appointment shall be come effective without Tribal Council action.

Section 12. Regular sessions of the Tribal Council shall be held on the third Thursday of each month at seven (7) o’clock p.m. at a meeting place designated by the Tribal Council.

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Section 13. The Tribal Council may schedule special sessions whenever a matter or matters of importance require(s) resolution prior to the next regular Tribal Council session. The Tribal Chairman may call a special session of the Tribal Council at any time he or she deems necessary.

Section 14. Unless suspended by a majority of Tribal Council representatives voting or by executive action by the Tribal Chairman, notice of all special sessions of the Tribal Council shall be posted in the Tribal office and in conspicuous places of the Voting Districts 1-6, published in the Tribal newsletter and mailed to all Absentee Members at least one (1) week prior to such special Tribal Council meeting. When the provisions of this Section are suspended by the Tribal Council or the Tribal Chairman, inability to notify Tribal members of the scheduling of a special Tribal Council following reasonable efforts toward such notification shall not prevent such special session from occurring, provided a quorum presides over such special meeting.

Section 15. Tribal members shall be welcome to attend and participate, subject to procedural constraints, in proceedings of the Tribal Council, provided however, that the provisions of Article XI, Section 1., below shall apply with regard to impeachment proceedings.

Section 16. When determined by a majority of representatives present, the Tribal Council may meet in Executive Session from which all non-Tribal members may be excluded, provided that no votes may be taken in Executive Session. Notice that Executive Session was convened shall be noted in the Tribe’s public record.

Section 17. Roll call votes recording how each representative of the Tribal Council voted in every matter before the Tribal Council shall be recorded in the minutes of Tribal Council proceedings.

Section 18. The Tribal Council installed on the date on which this Constitution is first approved by the Secretary of the Interior shall devise Rules of Order pursuant to which the Tribal Council shall conduct its proceedings, provided such Rules of Order incorporate the following order of business:

A. Call to order;

B. Roll call and prayer;

C. Reading of minutes of last session;

D. Unfinished business;

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E. Reports of Committees;

F. New business, including comments from parties in attendance; and

G. Adjournment

Rules of Order herein prescribed may be amended by a majority of Tribal Council representatives voting provided, however, that no such measure shall be valid unless enacted at least one (1) calendar year following the approval of this Constitution by the Secretary of Interior.

ARTICLE IX

The Judicial Branch

Section 1. Pursuant to Article VI, Section 1., hereof, the Tribe, through any means recognized pursuant to the provisions of this Constitution, may determine that a Judicial Branch of the Tribe should be established. Such branch of the Tribal government shall be comprised of a Tribal Court that may, among other duties, establish and supervise a Tribal Juvenile Court.

Section 2. Upon the initial establishment of the Tribe, the Tribal Chairman, subject to the approval of the Tribal Council, shall initiate the appointment of Tribal Court Judges and Clerk(s). The Tribal Court’s Presiding Judge shall be a graduate of an accredited law school, with a minimum of five (5) years experience in the practice of law. Absolute preference will be given candidates for the Presiding Judge who are Tribal members. The Presiding Judge shall be compensated for full-time employment by the Tribe and not be permitted to hold any other employment position while serving as presiding Judge of the Tribe.

Section 3. The Tribal Court shall exercise jurisdiction over all persons and matters to the fullest extent permitted by applicable federal law.

Section 4. The Presiding Judge of the Tribal Court shall adopt Rules of Procedure and develop an organizational plan therefor which may, without limitation, include a Tribal Court of Appeals.

Section 5. The Presiding Judge shall establish an annual budget for the judicial division of the Tribe, which budget shall allow for the transcription of all decisions of the Tribal Court necessary to establish the Court as a court of record and, in addition, shall include salaries and employment benefits for Judicial Branch employees. The annual budget of

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the Tribal Court shall be presented for approval by the Tribal Council not less than sixty (60) days prior to the beginning of the Tribe’s fiscal year.

Section 6. Preference shall be given Tribal members in the selection of Judges of the Tribal Court. Clerks of the Tribal Court shall be Tribal members.

Section 7. All Judges of the Tribal Court shall be subject to impeachment as provided in Article XII, Section 1., below.

Section 8. All proceedings before the Tribal Court shall be transcribed and made a part of the Tribe’s public record.

Section 9. Decisions of the Tribal Court shall be final and not subject to appeal before any other judicial authority except upon approval through resolution of the Tribal Council on affirmative recommendation by the Presiding Judge of the Tribal Court.

ARTICLE X

Vacancies in Office

Section 1. In the case of the death, resignation or lawful removal of the Tribal Chairman, the Vice Chairman shall be immediately sworn in to the office of Chairman, pursuant to Article XIV, below.

Section 2. In the event the Vice Chairman succeeds to the office of Chairman, pursuant to Section 1. of this Article, the President of the Council shall automatically succeed to the office of Vice Chairman and an election to elect a new Tribal Council representative to fill the seat vacated shall be conducted within thirty (30) calendar days following such succession. Officers affected by the terms of this provision shall complete the terms of their respective offices then in effect.

ARTICLE XI

Removal of Tribal Officials

Section 1. Impeachment

A. Any elected or appointed Tribal official who is finally convicted in a court of competent jurisdiction of any offense involving moral turpitude shall automatically be removed from office.

B. Any elected official of the Tribe who is found by the Tribal Council to be guilty of improper conduct or gross neglect of duty or to have failed to

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perform the duties of his office for a period of sixty (60) days unless previously excused therefrom by the Tribal Council, may be expelled by the affirmative vote of not less than five (5) Tribal Council representatives, provided that the accused official shall first be given full and fair opportunity to answer to any and all charges at a special meeting of the Tribal Council.

C. A written statement of the charges against such official shall be mailed certified or delivered through personal service to his or her last known place of residence at least ten (10) days before the meeting at which he is to appear.

D. All witnesses requested by such official shall be subpoenaed by the Tribal Council.

E. When the Tribal Council is sitting for impeachment proceedings, all witnesses shall testify under oath or affirmation.

F. The terms, “improper conduct,” “crime involving moral turpitude” and “gross neglect of duty” shall be defined and rules of procedure for impeachment proceedings determined by enactment of the Tribal Council.

G. Any officer against whom impeachment proceedings are conducted shall be suspended from the exercise of the duties of his or her office during the pendency of such proceedings.

H. The decision of the Tribal Council in matters of impeachment shall be final.

Section 2. Recall

A. Every elected official of the Tribe who has served in office no less than twelve (12) months shall be subject to recall by voters of the district or districts from which he or she is elected subject to the following:

B. Recall of a Tribal official may be initiated by petition signed by a number of qualified voters exceeding twenty percent (20%) of the votes cast for that office at the last election. A recall petition must be filed with the Legislative Secretary who shall, within five (5) working days following receipt of such petition serve notice on the official by mailing notice to or through personal service to his or her last known address.

C. Every recall petition must include a concise statement not exceeding two hundred (200) words which sets forth the grounds on which the official is sought to be removed from office. Recall petitions shall be filed with the office of the Legislative Secretary.

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D. Each person signing a recall petition must include the date of his signing and and his or her place of residence. The mark of a person unable to write his or her name shall be witnessed by two persons who shall attest thereto by signing their names.

E. The person circulating a recall petition must sign an oath, as prescribed by the Tribal Council, attesting to the genuine character of the signatures collected thereon.

F. An official subject to recall may, within ten (10) days following the filing of such petition, offer his resignation which shall be automatically accepted on receipt.

G. An election shall be ordered eleven (11) days following the filing of a validly executed recall petition concerning an official who has not voluntarily resigned from office. A recall election shall be ordered by the Tribal Council to be held not less than twenty (20) and not more than thirty (30) days following such order by the Tribal Council to determine whether the official shall be recalled.

H. A recall election may be held at a special election or concurrently with any other election.

I. The official subject to a recall election may file with the Tribal Council a statement in response and/or defense of the claims made against him or her of not more than two hundred (200) words.

J. Both the statement asserting the grounds on which the official has been made subject to recall and the official’s responsive statement to such claims shall be printed on the ballot of the recall election.


K. An official subject to recall shall continue to serve on the Tribal Council until the result of said election is officially declared.

L. An official who successfully withstands a recall election may not be made subject to a subsequent recall election.

M. No recall election shall be held less than ninety (90) days prior to the regular election for the office in question.

Section 3. Any official, committee member or board member appointed by the Council may be removed or discharged by a majority vote of the Tribal Council.

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ARTICLE XII

Referendum

Section 1. A referendum on any enacted or proposed ordinance or resolution or other action of the Tribe shall be called by a petition of thirty percent (30%) of the Tribal members or by resolution of the Tribal Council.

Section 2. A referendum election may be conducted as a special election called for that purpose or held concurrently with any other Tribal election.

Section 3. The result of a referendum election shall be immediately noted in minutes of the Tribal Council by the Legislative Secretary and shall be conclusive and binding upon the Council.

ARTICLE XIII

Initiative

Section 1. The People of the Tribe reserve unto themselves the power to propose ordinances, resolutions and other actions for legislative action by the Tribal Council.

Section 2. A proposed initiative measure shall be presented to the Tribal Council, accompanied by a petition signed by not less than ten percent (10%) of the total number of Tribal members. Upon receipt of an initiative petition, the Tribal Council shall within sixty (60) days:

A. Adopt the initiated measure without change or amendment; or

B. Set the matter for vote of the entire membership of the Tribe at an election to be held within one hundred twenty (120) days of the filing of such petition with the Tribal Council.

Section 3. An initiative election may be conducted as a special election called for that purpose or held concurrently with any other Tribal election.

Section 4. The result of an initiative election shall be immediately noted in minutes of the Tribal Council by the Legislative Secretary and shall be conclusive and binding upon the Council.


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ARTICLE XIV

Oath of Office

All elected or appointed officials of the Tribe shall take the following oath when sworn into office:

“I,_______________, do solemnly swear that I will support and defend the Constitution of the Choctaw-Apache Tribe of Ebarb, Louisiana, and the Constitution of the United States of America against all enemies; that I will faithfully and impartially carry out  the duties of my office to the best of my ability; and I will promote and protect the best interest of the Choctaw-Apache Tribe of Ebarb, Louisiana, in accordance with its Constitution and Ordinances, so help me God.”

ARTICLE XV

Amendment

This Constitution may be amended by a majority vote of the qualified voters of the Choctaw-Apache Tribe of Ebarb, Louisiana, voting in an election called for that purpose by the Secretary of the Interior. No amendment hereto shall be effective until approved by the Secretary of the Interior. The Secretary of the Interior shall call an election on any proposed amendment hereto at the request of the Tribe or upon receipt of a petition signed by thirty percent (30%) of the total number of qualified voters of the Tribe, provided that, in the latter instance, such petition contains the entire text of the amendment for which ratification is sought.

ARTICLE XVI

Effective Date

This Constitution shall become effective when approved by the Secretary of the Interior and ratified by a majority of the qualified voters of the Tribe.


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ARTICLE XVII

Ratification Certified

Pursuant to a Secretarial election authorized by the Assistant Secretary of the Interior on________________, 201_, this Constitution of the Choctaw-Apache Tribe of Ebarb, Louisiana, was submitted to the qualified voters thereof and was, on __________, 201_, duly adopted/rejected by vote of _____for, and ____against, in accordance with Section 16 of the Indian Reorganization of June 18, 1934 (48 Stat. 984), as amended.



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Chairman, Choctaw-Apache Tribe of Ebarb, Louisiana

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Vice-Chairman, Choctaw-Apache Tribe of Ebarb, Louisiana

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Secretary, Choctaw-Apache Tribe of Ebarb, Louisiana