THE CONSTITUTION

OF

THE SAVANNAH RIVER BAND OF UCHEE UCHEAN INDIAN TRIBAL NATION

 

PREAMBLE

 

In the spirit of the precedent Uchean Constitution and in accordance with our inherent power of self-governance and autonomy In accordance with our inherent power of self-governance and autonomy, We, the members of The Euchee Tribal Council for The Savannah River Band Of The Uchean Indian Nation, do hereby set forth and adopt this Constitution for the purposes of establishing a tribal government; to preserve, the culture, and language, of the Uchean people, and establish a community for their general welfare and social and economic well-being for ourselves and our posterity, and to secure justice and freedom for all Uchean People.

 

Article 1. Territory and Jurisdiction.

 

Section 1. The territory and jurisdiction of The Savannah River Band Of The Euchee Indian Tribal Nation shall be called the Savannah River Valley, a Uchean Indian Corridor along the Savannah River, from Springfield to Augusta Georgia, extending on both sides of border South Carolina and Georgia from Screven to Burke, Effingham, Richmond County in Georgia; the areas known today as Allendale (Old Barnwell), Barnwell, Hampton, Colleton, Jasper, Jackson, Aiken, Edgefield counties in South Carolina.

Section 2 The Tribe's jurisdiction shall extend to the fullest extent possible under Federal law to:

  1. A.     all enrolled members of the Tribe, without regard to location or residence; and
  2. B.     all persons, property, and activities located or taking place upon the Tribe's territory.

 

Article II.  The Tribal Council

 

The Tribal Council shall be called the Euchee Tribal Council, and shall consist of five members of the tribe for the initial organization of the tribe, 4 additional members thereafter for the establishment of Advisory committee governance Board of Trustee, guidelines, and other essential organizational needs, which shall include the core governing body.

 

Section 1. The legislative power to enact ordinances of the Uchean Indian Tribe shall reside in the Tribal Council. Such legislative power shall include:

 

  1. A.      Enactment of annual tribal budgets provided that budgets shall be enacted into tribal law following a formal Tribal Hearing on budgets proposed by the Tribal Chief.
  2. B.      Adopting rules and regulations governing the Tribal Council's procedure and decorum, consistent with the provisions of this Constitution.
  3. C.      Confirmation of either employment or dismissal of a Tribal Minister of Director.
  4. D.      Appointment of a Board of Elections in accordance with Article VII or this Constitution.

 

Section 2.   Except as otherwise provided in the By-Laws of this Constitution, members of the Tribal Council shall serve a 6(six) year term of office, and no council member can serve more than (4) consecutive terms. The privilege to run for election to the Tribal Council shall be limited to those members of the Euchee Tribal Nation who at the beginning of the term of office for which he or she stands for election;

   A. Are over the age of 21.

  1. B.      Have maintained their principal place of residence in the particular council district or occupied tribal lands and territories for election for no less than one year prior to the election.
  2. C.      Have not been convicted of a felony or other civil or criminal crimes.

                Section 3The Council members shall elect from their numbers:

  1. A.      Mico/Chief shall preside over the tribe and tribal meetings.
  2. B.      A Matriarch who shall embody the Matriarchal nature of the Uchean  Indian Tribe.
  3. C.      A Deputy-Chief, who shall preside over the council meetings in the absence of the Mico or Chief
  4. D.      A Chairman who shall call all meeting to order as facilitator/moderator, and reside if necessary and review the meeting agendas.
  5. E.       Chief Marshall who shall be third in line serving as head tribal law enforcement  ambassador in areas governing tribal territories.
  6. F.       Secretary who shall record all meetings an proceedings of the council
  7. G.     Treasurer, who will prepare annual tribal budgets and accounting reports with appropriate subordinate bookkeepers, finance officers, accountants, and or attorneys.

Section 4. Tribal Council Meetings

A. All proceedings of the Tribal Council shall be conducted in a public session, except for proceedings certified in advance by the Chief as sensitive implicating the need for privacy. No proceedings of the Tribal Council shall take place in the absence of a quorum which shall constitute two-thirds (2/3) of the sitting council members and all decisions of the Tribal Council shall require an affirmative vote of the majority of percent council members, except in cases of a veto, which shall require a (2/3) two-thirds vote.

  1. B.      The Chief shall call all meetings of the Euchee Tribal Council. The Chief shall instruct the Chairman to send notices to all members of the Euchee Tribal Council, at least 10 days in advance. Notice of the meeting shall be accompanies by an agenda, time, place (if necessary).
  2. C.      No ordinance enacted by the Tribal Council shall be binding and effective until such ordinance has been posted in a place reserved for this purpose at the office of the Tribal Council for a period of thirty (30) calendar days following its enactment, provided that such ordinance was not certified for referendum by the Tribal Chairperson in Accordance with Article 1. The Tribal Council shall publish in a public tribal media of the Euchee territory a calendar of proceedings showing all council action taken and the address and phone numbers where copies of ordinances are available.
  3. D.     Any council member who is absent from three (3) consecutive regularly scheduled meetings of the council shall be removed form office, provided that such absences are unexcused in accordance with the governing tribal ordinance, and By-Laws. A vacancy in a Tribal Council seat will also occur automatically upon the death of a Council member, or the occurrence during that member's term of any circumstance listed in section Article II of this Constitution, that would disqualify said member from serving in this Tribal Council. Vacancies in Tribal Council seats shall be filled as follows:
    1. 1.      If a Council seat becomes vacant for any reason and one calendar year or less remains in the term of the vacant seat, then;
    2. 2.      The Tribal Council shall schedule, advertise and conduct a public hearing within the Euchee Tribe with the purpose of receiving nominations from the tribal membership.
    3. 3.      If no candidate described in Section two (2) of this article is nominated or qualified, the Tribal Council shall appoint a person who would be qualified to stand for election to that seat to serve the remainder of the term.

4.  If a Council seat becomes vacant for any reason and more than one calendar year remains in the term of the vacant seat, then;

                A.   a special election shall be conducted to fill the vacancy,

                     and;

                B. the newly elected council member shall serve out the remainder of the vacated term.

Article III. The Chief or Mico

  1. A.     All executive powers, including implementation of and compliance with annual budgets, of the Uchean Indian Tribe shall reside in a Tribal Chief or Mico, who shall cause all laws of the Tribe to be faithfully executed. Specifically, the Chief Shall:
    1. 1.      Deliver to the general memberships an annual state of the Tribe address on the second Tuesday of the First Month of the Year, which shall address the proposed budget for  the upcoming fiscal year;
    2. 2.      Within ten (10) days of its passage by the tribal council, certify for referendum by the general tribal membership, any tribal ordinance, by-laws, or regulations that affects fundamental rights or interest of the Euchee Tribal Nation. Any ordinance, by-laws, or regulations imposing a tax or authorizing gaming in Euchee territory shall be deemed to affect the fundamental rights or interest of the Tribe. No ordinance or other laws requiring a referendum shall be effective unless and until such ordinance is approved by a majority of those voting in the referendum, such referendum to be conducted in accordance with Article V of this Constitution;
    3. 3.      To veto any ordinance enacted by the Tribal Council;
    4. 4.      Nominate a Tribal Administrator, subject to confirmation by the Tribal Council or its designee(s), who can be removed by the same process;
    5. 5.      Represent the Euchee Tribal Nation before all other governments and tribunals, including theUnited States, the State ofSouth Carolina, and all federal and state agencies.
    6. B.     The Mico or Chief, hereinafter referred to as Chief, shall be choosen by the tribal elders. The privilege to be choosen for the office of  Chief shall be limited to those tribal members who at the commencement of the term:
      1. 1.      Are forty (40) years of age or older;
      2. 2.      Have maintained his or her principal place of residence in the territory of the Tribe for one year or more preceding a bid for office.
      3. 3.      Adheres to and maintain the character of the Euchee nation according to the code of ethics contained in the By-Laws of this Constitution
      4. C.     A vacancy shall occur in the office of Tribal Chief upon his or her death, or the occurrence during that Chief's term or any other circumstances listed above in section 2, what would disqualify the candidate from running for office. Vacancies in the office of Tribal Chief shall be filled as follows:
        1. 1.      If a vacancy occurs in the office of Chief with one calendar year or less remaining in that term, then the Tribal Deputy-Chief shall serve out the term, provided that the Deputy-Chief would be otherwise qualified to run for the office of Chief.
        2. 2.      If a vacancy occurs in the office of Chief with more than one calendar year remaining in the term of office, then a special election shall be conducted and the newly elected Tribal Chief shall serve out the remainder of the vacated term.

 

 

Article IV. Membership

 

  1. A.     The general membership of the Tribe shall consist of those persons who apply for enrollment and demonstrate direct descent from a person listed on source documents, which are on Exhibit A to this Constitution and Incorporated herein by reference, and who maintain contact with the tribe.
  2. B.     Notwithstanding eligibility otherwise, no application for enrollment shall be accepted if the applicant is not historically or presently connected with the tribe. Enrolled members may be disenrolled for failure to maintain contact with the tribe, unless the applicant has relinquished their tribal affiliation or membership in writing.
  3. C.     Notwithstanding, eligibility otherwise, no application for enrollment shall be accepted if the applicant is enrolled in another tribe, unless the applicant has relinquished in writing his or her tribal membership and or affiliation.
  4. D.     The voting general membership shall consist of those members of the Tribe who are eighteen (18) and older and who are registered voters in accordance with duly adopted tribal ordinances.
  5. E.      The Executive Tribal Council shall have authority to enact such tribal ordinances governing tribal membership as are consistent with this and other articles of this Constitution, provided no individual shall be eligible for adoption into the Tribe unless such individual can demonstrate historical genealogical connection to the Savannah River Band of Uchean Indian Tribe, or other Indigenous Tribal ancestry.
  6. F.      The Executive Tribal Counsel shall consider all Applicants, on a case by case basis whose Uchean ancestors were discriminated and /or reclassified, as a result of the following repealed enactments or laws will be considered: Examples( according to the 11TH Census of the United States 1898 Euchee  tribal members  at Coweta was   enroll as being colored). South Carolina statutory laws 1780-1900 Indians are Mullatto,  The One-Drop Rule; Jim Crow etal; Racial Politics; The Racial Integrity Act of 1924; 1930 Census; or any reclassification of Amerindians by state laws as Free people of colored, Mulatto and often Negro while living in Aboriginal indian territory but not living on said Indian Reservations.

 

 

 

Article V. Distribution and Separation of powers.

 

  1. A.     The powers expressed herein and those powers necessary and proper to the execution of such powers expressed herein are delegated to the specified branch of government by the general membership of the Savannah River Band Uchean Indian Tribe. Those powers not delegated herein are reserved by the general membership of the Tribe.
  2. B.     The members of this Tribe shall be secure in their persons, property and such security shall be preserved by the government created by this Constitution.

 

Article VI. Election Recalls

 

  1. A.      The power to recall any elected official of the Savannah River Band of the  

Uchean Indian Tribe who is in the second calendar year or later in his or her term is specifically reserved for the general membership of the Tribe.

  1. B.      A recall election shall be conducted after a formal petition bearing the    

       Signature, names, addresses, and enrollment numbers of at least 10% of             

       eligible voters who voted in the election from the district electing a tribal   

       official or 10% of eligible voter who voted in the election for the tribal           

       chairman, alleging in one hundred (100) words or less, the reason for the 

       allegation(s) of misconduct, malfeasance in office, gross disregard for tribal

       law or custom, or open abuse of authority, and designating three (3)

       Signatories as a Petitioner's Committee, and properly filed with the Tribal

       Elections Board. (By-Laws specify notification to the Euchee Tribal  council)

  1. C.      Upon certification of the signatures on and the specific grounds for the   

petition, and within no more than five (5) days of its receipt, the Uchean Tribal Council shall:

1.). Serve a copy of the petition upon the named tribal official, who shall have ten (10) days from the date of said notice to respond to the reasons stated in the petition.

2.). Immediately upon receipt of any response, serve all members of the Petitioner's Committee with a copy of the same;

3.). Allow the petitioner's Committee thirty days (30) from the date of receipt of the response to collect additional signatures upon their petition;

4.). Conduct a recall election within ten (10) days of the resubmission of the petition, provided that the petition is signed by twenty percent (20 %) of the voters who voted in the election for the recalled tribal official;

 

  1. D.      If at least thirty percent (30%) of the voters who voted in the election for the

       Recalled official vote and a majority of those voting vote in favor of recall, the   

       Euchee Tribal Council shall declare the office vacant and the vacancy shall be filled in accordance with the appropriate by-laws, except that the recalled tribal official shall not be qualified to run for office in that special election.

 

  1. E.       If a recall election on a tribal official fails to obtain a majority of those voting the Election Board shall not certify any recall petition against that tribal official for a minimum of one year thereafter.

 

 

Article VII. Initiative.

 

Section 1. The power to initiate a vote on a tribal ordinance is specifically reserved for the general membership of the Uchean Indian Tribe.

Section 2. A minimum of ten (10) percent of the eligible voters may initiate consideration of a proposed tribal ordinance by submitting to the tribal Elections Board a petition bearing the following:

  1. A.     Signature, names addresses, and enrollment number;
  2. B.     Terms of the proposed tribal ordinance;
  3. C.     Designation of three (3) signatures as a Petitioner's Committee.

Section 3 Upon certification of the signatures on the petition and within no more than five (5) days of its receipt, the Tribal Elections Board shall serve a copy of the petition bearing the proposed tribal ordinance upon the Uchean Tribal Council, which shall take the proposed tribal ordinance under consideration and take a vote thereon at the next regularly scheduled meeting, but no more than thirty (30) days after its receipt from the Tribal Election Board.

Section 4. The Tribal Elections Board shall notify all members of the Petitioner's Committee of the Tribal Council's action on the proposed tribal ordinance within five (5) days of such action.

Section 5. If the proposed ordinance is not enacted or is enacted with substantive changes, the Petitioner's Committee shall have thirty (30) days from their receipt of notice of response from the Euchee Tribal Counsel to collection additional signatures upon their petition proposing a tribal ordinance.

Section 6. The tribal Elections Board shall conduct an election upon the proposed tribal ordinance within ten (10) days of the resubmission of the petition proposing the tribal ordinance, provided that the petition is signed by 15% of eligible voters.

Section 7. If at least 30% of the eligible voters participate in the initiative election and a majority of those voting vote in favor of the proposed ordinance The Tribal Election Board shall declare the ordinance duly enacted law of the Uchean Indian Tribe.

Article VII. Judiciary

                Section 1. The judicial power of the   Uchean  Indian Tribe  shall reside in the

Supreme Court of the Uchean Constitution and such inferior courts as the Tribal Council may establish. The Supreme Court shall have original jurisdiction over all cases and controversies arising under the Uchean Constitution and all ordinances of the Savannah River Band of Uchean Indians Tribe. In the event the Tribal Council establishes inferior courts, the Supreme Court shall have appellate jurisdiction over matters arising under tribal ordinances.

 

Section 2.  The rule of law to be applied in the Supreme Court of the Savannah River Band of Uchean Indians Constitution, shall extend to all matters and cases within its original jurisdiction, and shall be the express will of the people of The Savannah River Band of Uchean Indians Tribe, as presented in this Constitution. In the absence of the jurisdictional right of execution of these Tribal laws, the United States Federal Government shall govern under common law.

 

Section 3. The Tribal Court of the Savannah River Band of Uchean Indians shall consist of two (2) sitting judges, who shall serve 8-year terms; no judge may serve two consecutive terms. Each judge shall be qualified according to the following guidelines:

  1. A.      The qualification of Chief shall applied to all judges as specified in Article III.
  2. B.      One judge shall  have 30 years of Judicial court experience l, and the remaining  Judge  may be layperson
  3. C.      For initial appointments to the Court, the Chief shall nominate five (5) candidates, from who the Tribal Council shall appoint two (2).  
  4. D.      There shall be of the two judges, a Chief Judge of the Tribal Court of the Savannah River Band of Euchee Indians Tribe, who shall be the head administrator and overseer of the rules of conduct regarding the court of the Euchee Indian Tribe.

 Article VIII.  Elections and the Board of Elections

                Section 1. There shall be an independent board of elections which shall

                have the following authority;

  1. A.     To establish the appropriate regulations and guidelines under the authority of this Constitution, its By-Laws, and ordinances, a voter's registration process and execution of all regular and special elections.
  2. B.     To administer, conduct, and investigate all recalls and referendums regarding elections, regular and special, within the Savannah River Valley Uchean Indian Tribe.
  3. C.     To preside over any and all matters specified herein or authorized by tribal ordinances or By-laws in regards to all elections

Section 2. The Tribal Board of Elections shall consist of 3 enrolled members over the age of 18, appointed by the Tribal Council. The Tribal Council, shall for this purpose be divided into 3 Committees. Each committee shall appoint one (1) member to the Board of Elections, who shall serve for a term of Seven (7) years.

 

Section 3. All matters decided or certified by the Tribal Board of Elections shall be deemed final, and shall be reviewable by the Tribal Court of the Savannah River Band of Uchean Indian Tribe.

 

Article IX. Duty of Loyalty.

                Section 1. Every elected and or appointed tribal officer empowered under the authority of this Constitution shall affirm upon taking office that he or she will abide by the Constitution of the Savannah River Band of Uchean Indians; and its By-Laws and ordinances, according to the expressed will of the Uchean people, to the best of his or her ability, and perform his or her duties with unwavering loyalty as entrusted hereby.

Section 2. The first Tribal Council elected under this Constitution shall adopt an ordinance prescribing conflicts of interests in the performance of duties by elected and appointed tribal officials, which shall require a tribal official to recuse him or herself from any decision or vote affecting his or her pecuniary interest or that of a family member.

Article X. Adoption

Section 1. An initial referendum on the adoption of this Constitution shall be conducted among the members of the first Tribal Council of the Savannah River Band of Uchean Indians on.

Section 2. This Constitution shall be deemed adopted if at the general referendum conducted therefore, a majority of Council Members constituting a quorum, vote in favor of adoption of the same.

Section3. Upon the adoption of this Constitution, it shall become immediately effective and binding as the governing document for the Savannah River Band of      Uchean Indian Tribe. The Chief and the Tribal Council shall serve out their full terms, set to expire inFebruary 1, 2019. Elections will commence from the date of adoption of this Constitution in accordance with the respective Articles, subject to the following exceptions and special responsibilities as the first tribal officials to serve under this Constitution.

  1. A.      The present Tribal Council members shall be deemed council members-at-large in the interim between the adoption of this Constitution, and the first set of elections held under this Constitution, without regard to district boundaries from which they were appointed.
  2. B.     Before the election on February 1, 2019, the present tribal officials shall draw boundaries for the Districts according to territories claimed by the Savannah River Band of Euchee Indians under this Constitution, provided that;
    1. 1.       Each tribal member has equal representation on the Tribal Council; and
    2. 2.       The Boundaries for Tribal Council districts shall be drawn and published throughout the tribal territory no less than (30) thirty days in advance of the election to be held in February 2019.
  3. C.      For the purposes of the conduct of the upcoming election, the present tribal official shall be qualified to stand for office under this Constitution provided that they meet all qualifications in accordance with the Articles of this Constitution, their present term to be counted as their first.

Article XI. Amendment

Section 1. An amendment to the Constitution can be proposed by either two-thirds vote of the Tribal Council or by a petition by eligible members of the tribe, bearing the signature of (10%) 10 percent of enrolled tribal members. Upon certification by the Tribal Board of Elections of a proposed amendment to the Constitution, the Tribal Elections Board shall post the proposed amendment at appropriate media for distribution.

Section 2.  Within (45) Forty-five days after the posting and publication of a proposed amendment, the Tribal Elections Board shall conduct a special election on the proposed amendment. The amendment shall be adopted upon the majority vote of qualified voters voting in the special election. If adopted, the Tribal Board of Elections shall within 10 business days, post the amendment by appropriate media. The amendment shall become effective 20 days after its initial posting.

 

                                                                                      

 

This Constitution

has been Amended and Ratified by the Governing Body of The Savannah River Band of Uchean Indian Tribal Nation on this day of May 11th  2011AD

 

 

 

 

 

 

 

 

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