Return to Indigenous Peoples' Literature
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CORPORATE CHARTER OF THE SEMINOLE TRIBE OF FLORIDA
ARTICLE I
Whereas, the Seminole Tribe of Florida constitutes
a recognized Indian Tribe eligible for organization under
a Constitution and Bylaws adopted pursuant to Section 16
of the Act of June 18, 1934 (48 Stat. 984), as amended by
the Act of June 15, 1935 (49 Stat. 378) ; and
Whereas, more than one-third of the adult members of
the tribe have petitioned that a Charter of Incorporation
be granted to such tribe, subject to ratification by a
majority vote of the adult Indians living on the
reservations;
Now, therefore, I, Roger Ernst, Assistant Secretary
of the Interior, by virtue of the authority conferred
upon me by the said Act of June 18, 1934 (48 Stat. 984),
do hereby issue and submit this Charter of Incorporation
to the Seminole Tribe of Florida to be effective from and
after such time as it may be ratified by a majority vote
of the adult Indians living on the reservations.
ARTICLE II--CORPORATE EXISTENCE AND PURPOSE
SECTION 1. In order to further the economic
development of the Seminole Tribe of Florida by
conferring upon said Tribe certain corporate rights,
powers, privileges, and immunities; to secure for the
members of the tribe an assured economic independence;
and to provide for the proper exercise by the tribe of
various functions heretofore performed by the Department
of the Interior, the aforesaid tribe is hereby chartered
as a body politic and corporate of the United States
of America under the corporate name "The Seminole Tribe
of Florida, Inc."
ARTICLE III--PERPETUAL SUCCESSION
SECTION 1. The Seminole Tribe of Florida, Inc., as
a Federal corporation, shall have perpetual succession.
ARTICLE IV--MEMBERSHIP
SECTION 1. The Seminole Tribe of Florida, Inc., shall be
a membership corporation. Its members shall consist of
all persons now or hereafter enrolled members of the
tribe, as provided by its duly ratified and approved
Constitution and Bylaws.
ARTICLE V--MANAGEMENT
SECTION 1. The corporate management shall be vested
in a Board of Directors composed of eight elected members
who shall exercise all the corporate powers hereinafter
enumerated.
ARTICLE VI--CORPORATE POWERS
SECTION 1. This tribal corporation, subject to any
restrictions contained in the Constitution and the laws
of the United States or in the Constitution and Bylaws of
the said tribe, shall have the following corporate
powers.
SEC. 2. To adopt, use and alter a corporate seal.
SEC. 3. To purchase, take by gift, bequest or
otherwise, own, hold, manage, operate and dispose of
property of every description, real and personal, subject
to the following limitations :
(a) No sale or mortgage may be made by the corporation
of anyland, interest in land, including water rights,
oil, gas, and other mineral rights now or hereafter held
by the tribal corporation, unless specifically authorized
by law and then only with the consent and approval of the
Secretary of the Interior.
(b) No authority is hereby granted to sell, mortgage,
or lease for a period exceeding ten years any land
included within the reservations and all other leases,
permits or other contracts relating to lands within the
reservations must be approved by the Secretary of the
Interior or his duly authorized representative.
(c) No action shall be taken by or in behalf of the
corporation, which conflicts with regulations authorized
by Section 6 of the Act of June 18, 1934, or in any way
operates to destroy or injure the tribal grazing land,
timber or other natural resources.
SEC. 4. To borrow money from the Indian Credit Fund
in accordance with the terms of Section 10 of the Act of
June 18, 1934, or from any other source, and use such
funds directly for productive corporate enterprises or to
loan money thus borrowed to the shareholders of the
corporation, provided that the amount of indebtedness to
which the tribe may subject itself shall not exceed
$10,000.00, except with the express approval of the
Secretary of the Interior or his authorized
representative.
SEC. 5. To engage in any business that will further
the economic well-being of the shareholders of the
corporation or to undertake any activity of any nature
whatsoever, not inconsistent with law or with any
provision of this charter, or the laws of the State of
Florida.
SEC. 6. To make and perform contracts and agreements
of every description, not inconsistent with law or the
provisions of this charter, with any person, association,
or corporation, with any municipality, county or the
State of Florida, or with the United States, provided
that any contract involving payment of money or delivery
of property by the corporation of a value in excess of
$10,000.00 in any one fiscal year shall be subject to the
approval of the Secretary of the Interior or his
authorized representative.
SEC. 7. To pledge or assign chattels or future
corporate income due or to become due, provided that such
agreements of pledge or assignment or extensions thereof,
other than an agreement with the United States, in an
amount in excess of $10,000.00 shall be subject to the
approval of the Secretary of the Interior or his
authorized representative.
SEC. 8. To deposit to the credit of the Seminole
Tribe of Florida, Inc., corporate funds, without
limitation on the amount in any account, in any National
or State bank whose deposits are insured by any agency of
the Federal Government; provided, that funds advanced
from the Indian Credit Fund or from funds of the
corporation held in trust in the United States Treasury
shall be deposited with a bonded disbursing officer of
the United States whenever the conditions prescribed by
the Secretary of the Interior or his authorized
representative in connection with such advance require
that the advance be so deposited.
SEC. 9. To sue or be sued; but the grant or exercise
of such power to sue and to be sued shall not be deemed
a consent by the said corporation or the United States to
the levy of any judgment, lien or attachment upon the
property of the Seminole Tribe of Florida, Inc., other
than income or chattels especially pledged or assigned.
SEC. 10. To exercise such further incidental powers
not inconsistent with law as may be necessary to the
conduct of corporate business.
ARTICLE VII--CORPORATE PROPERTY
No property rights of the Seminole Tribe of Florida, as
hereto-fore constituted, shall in any way be impaired by
anything contained in this charter, and the tribal
ownership of unallotted lands, whether or not assigned to
the use of any particular individual, is hereby expressly
recognized. The individually-owned property of the
members of the tribe shall not be subject to any
corporate debts or liabilities, without the owner's
consent.
ARTICLE VIII--CORPORATE DIVIDENDS
The corporation shall issue to each of its members a
nontransferable certificate of ownership evidencing the
equal share of each member in the assets of the
corporation, and may distribute per capita among the
shareholders all profits of corporate enterprises over
and above sums necessary to defray corporate obligations,
and over and above sums which may be devoted to the
establishment of reserve funds, sinking funds or other
safeguards for contingencies, and over and above sums
necessary for the making of loans to shareholders for
individual economic enterprises, and no general
distribution per capita of such profits or income shall
be made except as shall be approved by the Secretary of
the Interior or his authorized representative.
ARTICLE IX--CORPORATE ACCOUNTS
The corporation shall maintain accurate and complete
accounts of the financial affairs of the corporation and
shall furnish an annual balance sheet and report of
financial affairs to the shareholders.
ARTICLE X--AMENDMENTS
This charter shall not be revoked or surrendered except
by act of Congress, but amendments may be proposed by
resolutions of the Board of Directors, or upon petition
of twenty percent (20%) of the shareholders which, if
approved by the Secretary of the Interior, to be
effective shall be ratified by a majority at an election
of the adult shareholders in which thirty (30) percent of
the eligible voters shall vote.
BYLAWS OF THE CORPORATE CHARTER OF THE
SEMINOLE TRIBE OF FLORIDA
ARTICLE I--SHAREHOLDERS
SECTION 1. MEETINGS. An annual meeting of the voting
shareholders shall be held on the third Friday in the
month of July in each year for the purpose of transacting
such business as may come before the meeting. Special
meetings may be called by the Board of Directors or by a
petition of not less than twenty (20) percent of the
voting shareholders. A notice of each meeting shall be
conspicuously posted in at least one public place on each
reservation and such notice shall be published at least
once in a newspaper of general circulation.
The notice shall be posted and published at such
times as prescribed by the Board. The notice shall state
place, date and time of the meeting and the purposes for
convening the meeting.
SEC. 2. A quorum of voting members shall be convened
when sixty such shareholders are present. If less than a
quorum is present, the majority of the shareholders
present may organize for the purpose of setting a new
date. If two attempts to properly convene the annual
meeting shall fail, no further requirements shall be
imposed for an annual meeting in that fiscal year. In all
properly convened meetings in which a quorum is present
all decisions shall be by majority vote of the eligible
voters present.
SEC. 3. SHARES
(a) For the purpose of participating in the per
capita distribution of profits of the corporation all
shares shall be deemed to have an undivided equal right
to participate.
(b) For the purpose of voting, either at an annual
meeting or by balloting at established polling places,
shareholders who shall have reached their eighteenth year
at least thirty (30) days before the scheduled annual
meeting shall be eligible to vote. No votes at the annual
meeting shall be by proxy. Votes may be cast by absentee
shareholders only in elections in which absentee
procedures have been established.
(c) A voting list of eligible voters shall be
prepared by the Officer having charge of the shareholder
records and the list shall be maintained in an up-to-date
manner. Newborn enrolled members of the Seminole Tribe as
provided in the Constitution and Bylaws of the Seminole
Tribe of Florida, shall automatically be entitled to a
share. Shares of enrolled members of the tribe shall
automatically be cancelled upon death of the shareholder.
No share of stock in this corporation shall be
transferrable.
ARTICLE II--BOARD OF DIRECTORS
SECTION 1. GENERAL POWERS. The business and affairs
of the corporation shall be managed by the Board of
Directors subject to all conditions of this charter and
of these bylaws.
SEC. 2. MEMBERS OF THE BOARD. The number of
directors of this corporation shall be eight. The
Directors shall be elected and hold office as herein
provided, or until their successors shall have been
elected and qualified.
SEC. 3. REGULAR AND SPECIAL MEETINGS. A regular
meeting of the Board of Directors shall be held each
month. The Board shall decide the regular day for monthly
meetings. Special meetings may be called by the president
or by four members of the Board. The Secretary, no later
than a certain number of days before each meeting, such
period to be prescribed by the Board, shall mail notices
of all meetings and such notices shall include date,
time, place and purpose of the meeting.
SEC. 4. QUORUM. A quorum shall consist of five (5)
members of the board and no business shall be conducted
at any time a quorum is absent.
SEC. 5. MANNER OF ACTING. The act of a majority of
the Directors present at a meeting at which a quorum is
present shall constitute the act of the Board. Acts of
the Board may be by motion duly carried, except that any
delegation of authority to any official, agent or agents
of the corporation to act for or on behalf of the Board
shall be by written resolution and shall specify the
nature of the authority granted and the limitations, if
any, imposed, excepting those authorities and
responsibilities specifically outlined in Article IV
hereof.
SEC. 6. By resolution of the Board of Directors, the
Directors and Officers may be paid fixed sums for
attendance at each meeting of the Board of Directors or
a stated salary as Director. No such payment shall
preclude any Director from serving the corporation in any
other capacity and receiving compensation therefor.
SEC. 7. CONTRACTS. The Board may authorize any
officer, agent or agents to enter into any contract or
execute and deliver any instrument on behalf of the
corporation, not inconsistent with the Corporate Powers
and all such authority shall be specifically defined in
the Board's resolution.
SEC. 8. LOANS. No loans shall be specifically
contracted on behalf of the corporation and no evidence
of indebtedness shall be issued in the name of the
corporation unless authorized by a resolution by the
Board in accordance with the corporate powers of the said
Board. Such authority shall be specifically defined in
the resolution.
SEC. 9. CHECKS, DRAFTS, ETC. All checks, drafts, or
other orders for payment of money, notes or other
evidence of indebtedness issued in the name of the
corporation shall be signed by such officer, agent, or
agents of the corporation and in such manner as shall
from time to time be determined by resolution of the
Board of Directors.
SEC. 10. DEPOSITS. All funds of the corporation not
otherwise employed shall be deposited to the credit of
the corporation in such banks, trust companies or other
depositaries as the Board of Directors is employed to
select.
SEC. 11. FISCAL YEAR. The fiscal year of the
corporation shall begin on the first day of July and end
on the 30th day of June each year.
SEC. 12. DIVIDENDS. The Board of Directors may from
time to time declare, and the corporation may pay,
dividends on its outstanding shares in the manner and
upon the terms and conditions provided in the articles of
incorporation.
SEC. 13. ACCOUNTS. In accordance with the articles
of incorporation the Board of Directors shall cause to be
installed, maintained and audited a complete and detailed
accounting system and such safeguards as bonding of
employees responsible for the safety, accuracy and
maintenance of such records.
SEC. 14. CHANGING RULES AND REGULATIONS. The Board
of Directors shall have the power from time to time to
make and change rules and regulations, not inconsistent
with the articles of incorporation or the articles of
Bylaws, for the management of the business and affairs of
the corporation.
ARTICLE III--NOMINATIONS AND ELECTIONS
SECTION 1. FIRST ELECTION. The first election of the
Board of Directors by the shareholders shall be called
within thirty (30) days following the adoption and
ratification of the Charter and Bylaws under the
supervision and direction of the Constitutional Committee
and the Superintendent of the Seminole Agency, who shall
prepare the rules and regulations. The election shall be
by secret ballot and all eligible shareholders may
participate regardless of residence. In subsequent
elections where the elected official is to represent
a particular area or reservation, only shareholders
resident or domiciled in that area or reservation shall
be eligible to vote for such candidate.
SEC. 2. ELIGIBLE VOTERS.
(a) For the purpose of the first election of the Board
of Directors any person 21 years of age or over
whose name appears on the Census Roll of the
Seminole Agency of January 1, 1957, shall be
eligible to vote as a shareholder or to hold office
as a Director.
(b) In all succeeding elections of the Board of
Directors eligible voters shall conform to Article
I, Section 3 of these Bylaws.
SEC. 3. REPRESENTATION.
(a) The Dania, Big Cypress and Brighton reservations
shall have equal representation on the Board of
Directors of not more than two directors who are
residents of said reservations and have continuously
resided there for a period of six (6) months
immediately preceding the election.
(b) In addition there shall be selected two directors
regardless of residence who shall be at-large.
At-large candidates may be residents or nonresidents
of any reservation herein identified. This question
will be resolved by a current resolution of the
Board.
SEC. 4. TERM OF OFFICE.
(a) The term of office of the candidates in the first
election shall be as follows:
1. The successful candidate from each
reservation and the at-large candidate
receiving the largest number of votes shall
hold office for four (4) years.
2. The other successful candidate shall hold
office for two (2 years.
(b) The term of office of candidates in all succeeding
elections shall be for four (4) years.
SEC. 5. METHOD OF ELECTION OF DIRECTORS. All
elections, including the first election, of the Board of
Directors shall be by secret ballot with provision for
absentee balloting. After the first election, the Board
of Directors, subject to the review of the Secretary of
the Interior or his authorized representative, shall
enact a resolution wherein the ballot, eligibility of
voters, voting lists, rules for calling elections,
absentee balloting procedures, selection of election
officials, polling places, dates and such other necessary
rules and regulations are established.
SEC. 6. RESIGNATION. Any director may resign his
office at any time, such resignation to take effect from
the time of its receipt by the Board of Directors, unless
a time is fixed in the resignation, and then it may take
effect from that date if the Board desires to approve
that date. Acceptance of resignation shall not be
required to make it effective.
SEC. 7. REMOVAL. Under rules to be prescribed by the
Board of Directors, any director may be removed at any
time, without cause or charges, at a meeting called for
that purpose, by a plurality vote of the voting
shareholders who elected him to office.
SEC. 8. FILLING VACANCIES. If the office of one or
more directors shall become vacant, as provided in these
bylaws, or by death, the remaining directors shall elect
and appoint a successor for the unexpired term. In the
event the Director is from a reservation, the replacement
shall be selected from same reservation.
ARTICLE IV--DUTIES OF OFFICERS
SECTION 1. OFFICERS. The officers of the corporation
shall be the President, Vice-President, Secretary and
Treasurer. Officers may be elected from within the Board
of Directors if qualified and able to perform the duties
hereinafter set forth, or officers may be selected from
outside the Board or the shareholders if in the opinion
of the Board of Directors this be a wise and desirable
alternative and shall serve under a contract of
employment executed in accordance with Article VI,
Section 5 of the Corporate Charter. All officers shall be
elected by a majority vote of the Board of Directors and
shall serve a term of two (2) years.
SEC. 2. REMOVAL OF OFFICERS. The Board of Directors
may remove any officer, agent, or employee at any time
and within the period for which such person was elected
or employed and all persons shall be elected and employed
subject to the provisions hereof.
SEC. 3. FILLING VACANT OFFICES. If any officer's
position becomes vacant by reason of death, resignation,
disqualification or otherwise, the Board of Directors, by
a majority vote, may elect a successor or successors, who
shall hold office for the unexpired term.
SEC. 4. DUTIES OF PRESIDENT.
(a) He shall preside at all meetings of shareholders or
directors.
(b) He shall have general and active management of the
business of the corporation.
(c) He shall see that all orders and resolutions of the
Board are carried into effect.
(d) He shall execute bonds, mortgages and other
contracts when authorized by the Board.
(e) He shall keep in safe custody the seal of the
corporation and when authorized by the Board, shall
affix the corporate seal to instruments requiring
it. All such uses of the seal to be attested by the
Secretary.
(f) He shall sign all certificates of shares.
(g) He shall have general supervision of all of the
other officers of the corporation, and employees
thereof and shall see that their respective duties
are properly performed.
(h) He shall operate and conduct the business and
affairs of the corporation in accordance with the
orders and resolutions of the Board of Directors and
in matters which have not been specifically ordered
by the Board shall call their attention to these
matters so that they shall have the opportunity to
decide the issues, or set the policy or establish
the procedure the corporation is to follow.
(i) He shall submit a report of the operations of the
corporation to the directors at their regular
monthly meeting, to the shareholders at the regular
annual meeting, and from time to time he shall
report to the Board all matters within his knowledge
which the interest of the company may require be
brought to their attention.
SEC. 5. DUTIES OF THE VICE-PRESIDENT. The
Vice-President shall have the power and authority of the
President in case of the disability or absence of the
President, and when required by the President may assist
in the general supervision of the affairs of the
corporation to the extent and for the time specified.
SEC. 6. DUTIES OF SECRETARY.
(a) He shall keep a book of minutes at the principal
office of the corporation or such other place as the
Board of Directors shall order, of all meetings of
the directors and shareholders in the form and
manner prescribed by the Board.
(b) He shall keep a shareholder register, showing all
changes therein, as required by the Article of
Incorporation and the Articles of the Bylaws. In
addition, he shall keep a current voting list as
prescribed in the said Articles of Incorporation and
Articles of the Bylaws.
(c) He shall keep the office of the corporation open to
inspection by the shareholders at all reasonable
times including all records within his office.
(d) He shall attend to the giving and serving of all
notices of the corporation required by the Charter
and these Bylaws.
(e) He shall attend to all such correspondence as may
be assigned to him and perform all other duties
incidental to his office or prescribed by the Board
of Directors.
SEC. 7. DUTIES OF TREASURER.
(a) He shall keep and maintain open to inspection by any
director or shareholder, or representative of the
Commissioner of Indian Affairs, at all reasonable
times, adequate and correct accounts of the
properties and business transactions of the
corporation, which shall include all matters
required by the Board of Directors, the Charter or
these Bylaws.
(b) Have care and custody of the funds and valuables of
the corporation and deposit same in the name of and
to the credit of the corporation with such
depositaries as the Board of Directors may
designate.
(c) Disburse the funds of the corporation as may be
ordered by the Board, taking proper vouchers or
other necessary instruments for such disbursements.
(d) Render to the President and Secretary or to the
Board of Directors, whenever they may require it,
and on annual report to the shareholders, an account
of all his transactions as Treasurer, and a
financial statement in form satisfactory to them
showing the condition of the corporation.
(e) Have such other powers and performs such other
duties as may be prescribed by the Board of
Directors.
Sec. 8. BONDS. All officers of this corporation
whose duties involve the handling of corporate funds, or
other resources shall be bonded under terms and
conditions established by resolution of the Board of
Directors.
APPROVAL
The attached Corporate Charter of the Seminole Tribe
of Florida Inc., is herewith approved and submitted for
ratification by the adult Indians of the Tribe living on
the Brighton, Big Cypress, and Dania Reservations
pursuant to the authority vested in the Secretary of the
Interior by the Act of June 18, 1934 (48 Stat. 984), as
amended by the Act of June 15, 1935 (49 Stat. 378).
ROGER ERNST
Assistant Secretary of the Interior
[SEAL]
WASHINGTON, D. C., July 11, 1957.
CERTIFICATE OF RATIFICATION
Pursuant to Section 17 of the Act of June 18, 1934
(48 Stat.984), as amended by the Act of June 15, 1935 (49
Stat.378), the attached Corporate Charter issued on July
11, 1957, by the Assistant Secretary of the Interior to
the Seminole Tribe of Florida was duly submitted for
ratification to the adult Indians of the Tribe living on
the reservations and was on August 21, 1957, ratified by
a vote of 223 for, and 5 against, in an election in which
at least 30 percent of those entitled to vote cast their
ballots.
BILL OSCEOLA
Chairman, Constitutional Committee
MIKE OSCEOLA
Secretary, Constitutional Committee
K. A. MARMON
Superintendent, Seminole Agency
U. S. GOVERNMENT PRINTING OFFICE: 1958.
(Sudoc Number-- I 20.9/2:Se 5/3)
CONSTITUTION AND BY-LAWS OF THE SEMINOLE
TRIBE OF FLORIDA
Ratified August 21, 1957
PREAMBLE
We, the members of the Seminole Tribe of Florida, in
order to promote justice, insure tranquility, encourage
the general welfare, safeguard our interests and secure
the blessings of freedom and liberty for ourselves and
for our posterity, do hereby form and organize a Seminole
Tribal Council and we do ordain and establish this
Constitution and set of Bylaws as the rules for its
deliberation.
ARTICLE I--TERRITORY
The Jurisdiction of the Seminole Tribe of Florida shall
include all lands within the Dania, Big Cypress, and
Brighton Reservations, the title to which is held by the
United States in trust for the Seminole Tribe of Florida,
or by the United States in trust for the Seminole Indians
in Florida, lands held under Executive Order No. 1379,
dated June 28, 1911, and such other lands as may
hereafter be acquired for the use and benefit of the
Seminole Tribe of Florida.
ARTICLE II--MEMBERSHIP
The membership of the Seminole Tribe of Florida shall
consist of the following:
SECTION 1. Any person of Seminole Indian blood whose
name appears on the Census Roll of the Seminole Agency of
January 1, 1957, shall be eligible for enrollment,
regardless of blood quantum or place of residence, upon
written application to the Tribal Council, provided, that
within five years after the approval of this Constitution
and Bylaws the Census Roll may be corrected by the
Seminole Tribal Council.
SEC. 2. Any child, of Seminole Indian blood, born to
a parent or parents either or both whose names appear on
the Census Roll of the Seminole Agency of January 1,
1957, shall be eligible for enrollment, regardless of
blood quantum or place of residence, upon written
application to the Tribal Council.
SEC. 3. Any descendant of Seminole Indian blood of
a person whose name appears on the Census Roll of the
Seminole Agency of January 1, 1957, shall be eligible for
enrollment, regardless of blood quantum or place of
residence, upon written application to the Tribal
Council.
SEC. 4. In the event the applicant is a minor, the
application may be prepared and presented by the parent
or parents of the minor, or by any adult relative having
knowledge of the minor's eligibility.
SEC. 5. The Tribal Council shall have the power to
pass ordinances, which are consistent with and pursuant
to this Constitution, governing future membership, loss
of membership and the adoption of members into the
Seminole Tribe of Florida, which ordinances shall be
subject to the approval of the Secretary of the Interior,
or his authorized representative.
ARTICLE III--ORGANIZATION OF GOVERNING BODY.
SECTION 1. The governing body of the Seminole Tribe
of Florida shall be known as the Tribal Council and shall
consist of eight (8) members elected by secret ballot as
provided in Article IV, Section 8.
SEC. 2. The Tribal Council shall select from within
its membership a Chairman and Vice-Chairman. It shall
also select from within or without the membership of the
tribe a Secretary and a Treasurer and such committees as
may be deemed necessary. All officers and committees so
selected shall hold office for a period of two years or
until the next election of councilmen as provided in
Article IV, Section 4.
SEC. 3. The members of the Tribal Council shall be
qualified voters of the Seminole Tribe of Florida, 21
years of age and over. They shall take office the first
Monday in the month immediately following the election.
ARTICLE IV--NOMINATIONS AND ELECTIONS
SECTION 1. (a) The first election of the Tribal
Council hereunder shall bc called and held within thirty
(30) days following the adoption and approval of the
Constitution and Bylaws under the supervision of the
Constitutional Committee and the Superintendent of
the Seminole Agency.
(b) For the purpose of the first election of Tribal
Council representatives, any person, 21 years of age and
over, whose name appears on the Census Roll of the
Seminole Agency of January 1, 1957, shall be eligible to
vote as a tribal member or to hold office as a Tribal
Council representative.
SEC. 2. In any election of the Seminole Tribe after
the election to adopt the Constitution and Bylaws and to
elect the first Tribal Council, eligible voters shall be
enrolled members of the tribe 18 years of age and over.
Resident voters shall register with the reservation of
their domicile or residence. Where this constitution
provides for election of representatives or candidates
from a particular reservation, only voters registered
with such reservation shall be eligible to participate in
the election of such representatives or candidates.
Non-resident voters may register with the reservation of
their affiliation or they may choose to register as
nonresident voters. Nonresident voters shall not vote
for reservation representatives.
SEC. 3. The Dania, Big Cypress and Brighton
Reservations shall each have on the Tribal Council one
reservation representative. Each candidate for the
office of reservation representative must have been
continuously a resident of his or her reservation for a
period of at least six (6) months immediately preceding
the election in which he or she may be a candidate. In
addition to the reservations' representatives there shall
be elected five (5) at-large members of the Tribal
Council, two (2) of whom shall be nonresidents of the
reservations herein referred to, but who are otherwise
eligible to hold office. The Tribal council of the tribe
may, if a new area be acquired or set aside for the
Seminole tribe of Florida, cause additional reservation
representatives and at-large representatives to
be established.
SEC. 4. The candidates in the first election
shall hold office as follows:
(a) The successful candidate from each reservation
receiving the largest number of votes shall hold office
for four (4) years.
(b) The successful nonresident at-large candidate
receiving the largest number of votes shall hold office
for four (4) years. The other successful candidates
shall hold office for two (2) years.
The candidates in all succeeding elections shall hold
office for a period of four (4) years.
SEC. 5. The Tribal Council may by an affirmative
vote of a majority remove any official or councilman from
office who fails to carry out his Tribal Council
responsibilities, or is found guilty of a misdemeanor
involving moral turpitude or a felony in any county,
State or Federal Court, or for gross neglect of duty or
misconduct reflecting on the dignity and integrity of the
Tribal Council. Each reservation, by petition signed by
twenty percent (20%) of the eligible voters may request
the recall of such reservation representative by the
Tribal Council. The recall of at-large representatives
shall be by petition signed by twenty-five (25) eligible
voters from any reservation or nonresident eligible
voters. Before any vote of recall or removal is taken, the
member or official shall be given a written statement of
all charges filed against him at least ten (10) days
before the meeting of the Tribal Council before which he
is to appear and he shall be given an opportunity to
answer any and all written charges at such meeting.
The decision of the Tribal Council shall be final.
SEC. 6. The Tribal Council may by an affirmative
vote of a majority appoint a replacement to fill the
unexpired term of the removed councilman or official,
whether involuntarily removed or by death or resignation.
In the event the vacated position is that of a
reservation representative, the replacement shall be
selected from said reservation. In the event the vacated
council position is a nonresident at-large position, the
replacement shall be a nonresident member eligible to
hold office, and any other vacant at-large position
may be filled by an eligible resident or nonresident
member of the tribe.
SEC. 7. Any qualified member of the Seminole Tribe
of Florida may announce his or her candidacy for Tribal
Council, such announcement to be in writing and supported
by the signature of at least ten (10) eligible voters
from the reservation from which he resides or in the
case of an at-large candidate, his announcement must also
be in writing and supported by ten (10) eligible voters
from any reservation or off reservation. All
announcements shall be presented to the Secretary of the
Tribal Council at least twenty (20) days prior to the
date of election. It shall be the duty of the Secretary
of the Tribal Council to post in at least one public
place on each reservation and publish at least once in a
newspaper of general circulation at least fifteen (15)
days before the election the names of the candidates for
Tribal Council.
SEC. 8. After the first election is held an election
by secret ballot shall be held every two (2) years. The
Tribal Council, subject to the review of the Secretary of
the Interior, or his authorized representative, shall
enact an ordinance wherein the ballot, eligibility of
voters, voting lists, rules for calling elections,
absentee balloting procedures, selection of election
officials, polling places, dates and such other pertinent
factors shall be prescribed. In the event the Tribal
Council does not call an election as herein provided, the
Secretary of the Interior, within sixty (60) days after
the regular election date, may call such an election.
SEC. 9. Upon receipt of a petition signed by twenty
(20) percent of the eligible voters, or by an affirmative
vote of a majority of the Tribal Council members, any
enacted or proposed ordinance or resolution of the Tribal
Council shall be submitted to a referendum of the
eligible voters of the tribe. The majority of the votes
cast in such referendum shall be conclusive and binding
on the Tribal Council. The Tribal Council shall call such
referendum and prescribe the manner of conducting the
vote.
ARTICLE V - POWERS OF TRIBAL COUNCIL
In addition to all powers vested in the Seminole
Tribal Council by existing law, the Tribal Council of the
Seminole Tribe of Florida shall exercise the following
powers, subject to any limitation imposed by the
Constitution or the Statutes of the United States, and
subject further to all expressed restriction upon such
powers contained in this Constitution and Bylaws.
SECTION 1. To negotiate with the Federal, State and
local governments and others on behalf of the tribe and
to advise and consult with the representatives of the
Department of the Interior on all activities of the
Department which may affect the Seminole Tribe
of Florida, excepting those tribal affairs which may
hereafter be specifically delegated under the provisions
of the Charter of the Seminole Tribe.
SEC. 2. To employ legal counsel for the protection
of the rights of the tribe and its members, the choice of
counsel and fixing of fees to be subject to the approval
of the Secretary of the Interior, or his authorized
representative.
SEC. 3. To manage and lease or otherwise deal with
tribal lands and communal resources in accordance with
law and to prevent the sale, disposition, lease or
encumbrance of tribal lands, interest in lands,
or other tribal assets without the consent of the tribe.
SEC. 4. To advise with the Secretary of the
Interior, or his authorized representative, with regard
to all appropriation estimates or Federal projects for
the benefit of the Seminole Indians of Florida
prior to the submission of such estimates to the Bureau
of the Budget and the Congress.
SEC. 5. (a) To administer any funds within the
control of the tribe; to make expenditures from available
funds for tribal purposes, including salaries and
expenses of tribal officials or employees; subject,
however, to the condition that this authority shall not
extend over the responsibilities and authorities
specifically delegated to the Board of Directors by the
Charter of the tribe. All expenditures of tribal funds
under the control of the Tribal Council shall be by
resolution duly approved by a majority of the Tribal
Council in legal session and the amounts so expended
shall be a matter of public record at all times.
(b) The Tribal Council, subject to the approval of
the Secretary of the Interior, or his authorized
representative, shall prepare annual budget requests for
the advancement to the control of the tribe such
money as is now or may hereafter be deposited to the
credit of the tribe in the United States Treasury or
which may hereafter be appropriated for the use of the
tribe.
SEC. 6. To make and enforce ordinances, subject to
the review of the Secretary of the Interior, or his
authorized representative, covering the tribe's right to
levy taxes and license fees on persons or organizations
doing business on the reservation.
SEC. 7. To promote public health, education,
charity, and such other services as may contribute to the
social advancement of the members of the Seminole Tribe
of Florida.
SEC. 8. To adopt resolutions regulating the
procedures of the Seminole Tribal Council, its officials
and committees in the conduct of tribal affairs.
SEC. 9. (a) No authorities contained in this
Constitution may be delegated by the Seminole Tribal
Council to tribal officials, district councils, or
associations to carry out any function for which the
Tribal Council assumes primary responsibllity, except by
ordinance or resolution duly enacted by the Tribal
Council in legal session, and excepting also those
specific requirements contained in the Bylaws of
the Seminole Tribe of Florida.
(b) The Seminole Tribal Council is hereby authorized
to recognize any district committees, associations or
other organization open to the members of the Seminole
Tribe of Florida and to approve such organizations,
subject, however, to the provision that no such
committee, association or organization may assume
authorities specifically granted to the Seminole Tribal
Council unless by a proper delegation of authority by the
Seminole Tribal Council.
SEC. 10. To deposit to the credit of the Seminole
Tribe of Florida tribal funds, without limitation on the
amount in any account, in any National or State bank
whose deposits are insured by any agency of the Federal
Government; provided, that funds advanced to the tribe
from funds held in trust in the United States Treasury
shall be deposited with a bonded disbursing officer of
the United States whenever the conditions prescribed by
the Secretary of the Interior, or his authorized
representative in connection with such advance require
that the advance be so deposited.
ARTICLE VI--MANNER OF REVIEW
SECTION 1. Any resolution or ordinance which by the
terms of this Constitution and Bylaws is subject to
review by the Secretary of the Interior, or his
authorized representative, shall be presented to the
Superintendent of the reservation within ten (10) days of
its enactment. The Superintendent shall within ten (10)
days after its receipt 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 ninety (90) days from the date of enactment
rescind the said ordinance or resolution for any
cause, by notifying the Tribal Council of such decision.
If the Superintendent shall refuse to approve any
ordinance or resolution submitted to him, within ten (10)
days after its receipt, he shall advise the Tribal
Council of his reason therefor. If the reasons appear to
the Tribal Council to be insufficient it may, by a
majority vote, refer the ordinance or resolution to the
Secretary of the Interior who may within ninety (90) days
from the enactment of the resolution of referral, approve
or disapprove same in writing, provided however no such
ordinance shall become effective until approved by the
Secretary of the Interior or his duly authorized
representative.
SEC. 2. Any resolution or ordinance by the terms of
this Constitution and Bylaws that is subject to the
approval of the Secretary of the Interior, or his
authorized representative, shall be presented to the
Superintendent who shall transmit the same to the
Secretary with his recommendations as to the merits of
the proposals.
The said ordinance or resolution shall NOT become
effective until it shall have been approved by the
Secretary of the Interior, or his duly authorized
representative.
ARTICLE VII--AMENDMENTS
Whenever the Tribal Council, by a unanimous vote of
all members, or the tribal membership by a petition
signed by twenty (20) percent of the eligible voters,
calls for the submission of an amendment, the Secretary
of the Interior shall call an election upon the proposed
amendment to the Constitution and Bylaws. If at such
election the amendment is adopted by a majority vote of
the qualified voters of the tribe voting herein, and if
at least thirty (30) percent of those entitled to vote
shall vote, such amendment shall be submitted to the
Secretary of the Interior and, if approved by him, shall
thereupon take effect.
BYLAWS OF THE SEMINOLE TRIBE OF FLORIDA
ARTICLE I--DUTIES OF OFFICERS
SECTION 1. The Chairman of the Tribal Council shall
preside over all meetings of the council and exercise any
authority specifically delegated to him as provided in
Article V, Section 9, of the Constitution. The Chairman
shall not vote on any issue before the council except
only in the case of a tie.
SEC. 2. The Vice-Chairman shall assist the Chairman
when called on to do so, and in the absence of the
Chairman shall preside and when so presiding shall have
all the privileges, duties and responsibilities delegated
to the Chairman. In the absence of the Secretary, the
Vice-Chairman shall assume all the duties and respon-
sibilities of the Secretary.
SEC. 3. The Secretary shall cause to be prepared all
minutes, resolutions and ordinances enacted at all
meetings and forward copies, in every instance, to the
Superintendent. In addition to the duties prescribed
pursuant to Article V, Section 8, the Secretary shall
maintain all files, records, and correspondence of the
Tribal Council in an orderly manner for the convenience
of the Tribal Council and exercise such other duties as
may be specifically delegated to him.
SEC. 4. (a) The tribal Treasurer shall accept,
receive, receipt for, preserve and safeguard all funds in
the custody of the tribe from whatever source. He shall
deposit all funds in such bank, or elsewhere as directed
by the Tribal Council in accordance with Article V,
Section 10 and shall cause to be made and preserved 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 or custody, such report to be
made in writing and filed with the Secretary at each
regular meeting of the Tribal Council and at such other
times as requested by the Tribal Council.
(b) He shall not pay out or otherwise disburse any
funds in his possession or custody, or in the possession
or custody of the Tribal Council, except when properly
authorized to do so by a duly enacted resolution.
(c) The books and records of the tribal Treasurer
shall be audited at least once every year by a competent
auditor employed by the council and at such other time as
the council or the Commissioner of Indian Affairs or his
authorized representative may direct. In addition to the
copies prepared for the governing body, one copy of the
audit shall be prepared for the Superintendent, one copy
for the Area Director and one copy for the Commissioner
of Indian Affairs.
(d) The tribal Treasurer shall be required to give
a bond satisfactory to the Tribal Council and the
Commissioner of Indian Affairs, or his authorized
representatlve, and make such provisions for carrying out
the Tribal Council directives in the manner and method
for custody and disbursement of funds as shall guarantee
their safety, proper disbursement and use.
ARTICLE II--OATH OF OFFICE
SECTION 1. All duly elected members of the Tribal
Council who have been certified shall be installed as
provided in Article III, Section 3, upon subscribing to
the following oath to be administered by the
Superintendent:
"I, , do solemnly
swear that I support and defend the Constitution of the
United States against all enemies; that I will faithfully
and impartially carry out the duties of my office to the
best of my ability; that I will cooperate, promote, and
protect the best interest of the tribe, in accordance
with the Constitution and Bylaws of the Seminole Tribe of
Florida."
ARTICLE III--SALARIES AND REMUNERATIONS
SECTION l. The Tribal Council may prescribe such
salaries and remunerations pursuant to the provision of
Article V, Section 5, as may be available and necessary
to carry on its responsibilities and the responsibilities
of its officials and employees.
ARTICLE IV--ORDINANCES AND RESOLUTIONS
SECTION 1. All final decisions of the Tribal Council
on matters of general and permanent interest to members
of the tribe and to tribal administration shall be
embodied in ordinances. Each ordinance shall be numbered
consecutively beginning with Number 1. Such enactments
shall be available for public inspecting.
SEC. 2. All final decisions of the Tribal Council on
matters of temporary interest or relating to particular
individuals, officials or committees shall be embodied in
resolutions. Such resolutions shall be numbered
consecutively beginning with Number 1 and shall also be
subject to public inspection.
ARTICLE VI--MEETINGS
SECTION 1. The date and place of regular meetings of
the Tribal Council shall be on the first Monday of each
month at the Seminole Agency headquarters, and such
meetings will convene at 10:00 a. m. Special meetings
shall be called by the Chairman by written notice setting
time, place, and date of meeting and the purpose of such
meeting. No special meeting shall be called except on
matters of serious concern to the Tribal Council.
SEC. 2. A quorum of five members shall constitute a
quorum and no official actions shall be transacted in the
absence of a quorum at any time.
ARTICLE VI--ORDER OF BUSINESS
SECTION 1. The order of business of the Tribal
Council shall be:
(a) call to order by Chairman
(b) roll call
(c) reading of minutes of last meeting
(d) unfinished business
(e) reports
(f) new business
(g) adjournment
ARTICLE VII--RATIFICATION
This Constitution and Bylaws, when approved by the
Secretary of the Interior, shall be effective from and
after the date of its ratification by a majority vote of
adult Indians of the Seminole Tribe of Florida 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 an election.
For the purpose of this election any adult 21 years
of age and over whose name appears on the Census Roll of
the Seminole Agency of January 1, 1957, shall be eligible
to vote. A voting list of such eligible persons shall be
prepared by the Constitutional Committee and the
Superintendent.
APPROVAL
I, ROGER ERNST, 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 by the Act of June 15, 1935 (49
Stat. 378), do hereby approve the attached Constitution
and Bylaws of the Seminole Tribe of Florida, subject to
ratification by the Tribe in the manner therein provided.
Upon ratification of this Constitution and Bylaws,
all rules and regulations heretofore promulgated by the
Interior Department or by the Bureau of Indian Affairs so
far as they may be incompatible with any of the
provisions of the said Constitutionn and Bylaws, are
declared inapplicable to the Seminole Tribe of Florida.
All officers and employees of the Interior Department
are ordered to abide by the provisions of the said
Constitution and Bylaws.
Approval Recommended:
GLENN L. EMMONS Commissioner of Indian Affairs
ROGER ERNST Assistant Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., July 11, 1957
CERTIFICATE OF RATIFICATION
Pursuant to Section 16 of the Act of June 18, 1934
(48 Stat. 984), as amended by the Act of June 15, 1935
(49 Stat. 378), the attached Constitution and Bylaws
approved on July 11, 1957, by Roger Ernst, Assistant
Secretary of the Interior was submitted for ratification
to the adult Indians of the Seminole Tribe of Florida and
was on August 21, 1957, ratified by a vote of 241 for,
and 5 against, in an election in which at least 30
percent of those entitled to vote cast their ballots.
BILL OSCEOLA
Chairman, Constitutional Committee
MIKE OSCEOLA
Secretary, Constitutional Committee
K. A. MARMON
Superintendent, Seminole Agency3-1-63
AMENDMENT TO THE CONSTITUTION AND BYLAWS
OF THE SEMINOLE TRIBE OF FLORIDA
AMENDMENT VI
Article III of the Constitution, Organization of
Governing Body shall be amended in its entirety to read
as follows:
"Section 1. The governing body of the Seminole Tribe of
Florida shall be known as the Tribal Council and shall
consist of five (5) members, each of whom shall have
voting rights."
"Sec. 2. The Tribal Council shall consist of a Chairman
elected at-large and councilmen elected from and
exclusively by the residents of each of the following
Seminole Reservations: Dania, Big Cypress,
and Brighton. The President of the Board of Directors,
elected in accordance with the provisions set forth in
the Charter of the Seminole Tribe of Florida, Inc. shall
meet with and serve as Vice-Chairman of the Tribal
Council during his term of office."
"Sec. 3. Any member of the tribe having reached the age
of 21, and who has been in residence on Dania, Brighton,
or Big Cypress Reservation for a continuous period of
four years immediately prior to an election, shall be
qualified to be a candidate for election to the Council."
"Sec. 4. The Tribal Council shall select from within or
without the membership of the Tribe a Secretary-Treasurer
and such committees as may be deemed necessary.
Committeemen so selected shall hold office for a period
of two (2) years or until the next scheduled election of
Councilmen. All officers and employees appointed or
employed by the Tribal Council now serving or hereafter
are appointed or employed in permanent positions and
shall serve unless removed or their services terminated
for inefficiency, gross misconduct, neglect of duty, or
for good and sufficient reasons as may hereafter be
prescribed by the Tribal Council."
AMENDMENT VII
Article IV of the Constitution, Nominations and
Elections, shall be amended in its entirety to read as
follows:
"Section 1 (a). The first election of representatives to
the Tribal Council under this amended Constitution shall
be held within thirty (30) days following the adoption
and approval of the amendments and shall be under the
supervision of the incumbent Tribal Council and the
Superintendent of the Seminole Agency.
(b) Any person who has reached his twenty-first (21)
year thirty (30) days prior to an election who is a
member of the Seminole Tribe of Florida shall be eligible
to vote in any election of the Seminole Tribe except in
those elections where voting requirements may be
otherwise prescribed by Federal law."
"Sec. 2. In any election of the Seminole Tribe, resident
voters shall register with the reservation of their
domicile. Where this Constitution provides for election
of councilmen from a particular reservation, only voters
residing on that reservation shall be eligible to
participate in the election of such representatives.
Non-resident voters shall vote only for at-large
candidates."
"Sec. 3. The successful candidates in elections to the
Tribal Council shall hold office as follows:
(a) The candidate from each reservation receiving the
largest number of votes shall hold office for two (2)
years.
(b) The candidate for Chairman elected at-large who
receives the largest number of votes shall hold office
for four (4) years.
(c) Successful candidates shall take office on the first
Monday in the month immediately following their election.
The Chairman, as a condition of his office, shall agree
to reside on Dania Reservation for the duration of his
term.
(d) If a member of the Tribal Council fails or refuses
to attend two regular meetings in succession, unless
excused due to illness or other causes for which he
cannot be held responsible, his office shall be declared
forfeited by a resolution of the Tribal Council, and a
special election called by the Tribal Council shall be
held to replace him according to Section 5 of this
Article."
"Sec. 4. The Tribal Council may by an affirmative vote
of four-fifths (4/5) o™ its total membership remove any
tribal official or member of the Tribal Council from
office who fails to carry out his duties or his Tribal
Council responsibilities, or is found guilty of a
misdemeanor involving moral turpitude or a felony in any
county, State or Federal Court, or for gross neglect of
duty or misconduct reflecting on the dignity and
integrity of the Tribal Council. Each reservation, by
petition signed by twenty percent (20%) of the eligible
voters thereon, may request the recall of such
reservation's representative by the Tribal Council.
Request for the recall of the Council Chairman shall be
by petition signed by twenty percent (20%) of the number
of voters who participated in his election."
"Before any vote of recall or removal is taken, the
member or official shall be given a written statement of
all charges filed against him at least ten (10) days
before the meeting of the Tribal Council before which he
is to appear and he shall be given an opportunity to
answer any and all written charges at such meeting. The
decision of the Tribal Council shall be final."
"Sec. 5. If a councilman should die, resign, or
permanently leave the reservation he represents, or be
removed from office for cause, the Council shall declare
the office vacant and within thirty (30) days an election
shall be held on the relevant reservation to fill the
vacancy for the unexpired term: Provided, a regularly
scheduled election is not to be held within sixty (60)
days. In the event that the Chairmanship should become
vacant, the office will not be filled by the
Vice-Chairman, but the Council shall call an election
at-large within a period of thirty (30) days to select a
new Chairman to serve until his predecessor's term has
expired: Provided, a regularly scheduled election is not
to be held within sixty (60) days."
"Sec. 6. Any qualified member of the Seminole Tribe of
Florida may announce his or her candidacy for the Tribal
Council, such announcement to be in writing and supported
by a petition signed by ten (10) eligible voters from the
reservation on which he or she resides. In the case of an
at-large candidate, his announcement must also be in
writing and supported by a petition signed by ten (10)
eligible voters of each reservation. Any petition
submitted in support of a candidate shall be considered
invalid when and if a signer has signed a petition
supporting any other candidate for the same office. All
announcements shall be presented to the Secretary of the
Tribal Council at least twenty (20) days prior to the
date of election. It shall be the duty of the Secretary
of the Tribal Council to post in at least one public
place on each reservation and publish at least once in a
newspaper of general circulation at least fifteen (15)
days before the election the names of the candidates for
Tribal Council. No candidate shall be permitted to seek
and/or hold more than one elected office at any given
period."
"Sec. 7. All elections shall be by secret ballot and
shall be held ln accordance with the rules and
regulations prescribed by the Tribal Council, subject to
the review of the Secretary of the Interior, or his
authorized representative. In the event that the Tribal
Council does not call an election as herein provided, the
Secretary of the Interior, within sixty (60) days after
the regular election date, may call such an election."
AMENDMENT VIII
The Constitution and Bylaws of the Seminole Tribe of
Florida is amended to add a new Article designated as
Article VIII, Referendum, which shall read as follows:
"Section 1. Upon receipt of a petition signed by twenty
(20) percent of the eligible voters, or by an affirmative
vote of a majority of the Tribal Council members, any
enacted or proposed ordinance or resolution of the Tribal
Council shall be submitted to a referendum of the
eligible voters of the tribe. The majority of the votes
cast in such referendum shall be conclusive and binding
on the Tribal Council. The Tribal Council shall call such
referendum within 30 days and prescribe the manner of
conducting the vote."
AMENDMENT IX
The Constitution and Bylaws of the Seminole Tribe of
Florida is amended to add a new Article designated as
Article IX, Bill of Rights, which shall read as follows:
"Section 1. All members of the Seminole Tribe shall be
accorded equal political rights and equal opportunities
to participate in the economic resources and activities
of the tribe, and no person shall be denied freedom of
conscience, speech, association or assembly, or due
process of law, or the right to petition for the redress
of grievances. The members of the tribe shall continue
undisturbed in their religious beliefs and nothing in
this constitution and bylaws will authorize the Tribal
Council to interfere with these traditional religious
practices according to their custom.
AMENDMENT X
Article I of the Bylaws, Duties of Officers, shall be
amended by amending Sections 1 and 2 to read as follows
and by adding a new Section 5:
"Section 1. The Chairman of the Tribal Council shall
preside over all meetings of the Council and exercise any
authority specifically delegated to him as provided in
Article V, Section 9 of the Constitution. The Chairman
shall participate in the meetings of the Board of
Directors as Vice-President of that body. He shall have
full power to vote in both Tribal Council meetings and
those of the Board of Directors. An Acting Chairman shall
be appointed by the members of the Tribal Council from
among those elected members present when circumstances
compel the Chairman to absent himself from any meeting."
Sec. 2. The Vice-Chairman shall assist the Chairman when
called on to do so. Voting power shall be vested in him.
In the absence of the Secretary, the Vice-Chairman shall
assume all the duties and responsibilities of the
Secretary."
"Sec. 5. The Council representatives shall serve as
Chairman of the Committees on their respective
reservations and committee meetings shall be held on the
reservation each represents. No more than two people
shall serve with him on each of his committees and they
shall be members of the tribe residing on that particular
reservation."
AMENDMENT XI
Article V of the Bylaws, Meetings, shall be amended in
its entirety to read as follows:
"Section 1. The regular meetings of the Tribal Council
shall be held bimonthly, the first to be held within
thirty (30) days of the election of the Council. The
Council may decide on the day and time for Regular
Meetings. Special Meetings may be called by the Chairman
or by three (3) members of the Council. The Secretary
shall give advance written notice, as prescribed by the
Council, of all meetings, such notices shall include
date, time, place and purpose of the meeting."
"Sec. 2. A quorum shall consist of three (3) members and
no official action shall be transacted in the absence of
a quorum at any time." 2-14-67
AMENDMENT XII
Article I and Sections 2 and 3 of Article III of the
Constitution shall be amended by replacing the word
"Dania" with the word "Hollywood" wherever it appears
therein.Amendment XIII
Sections 2 and 8 of Article II of the Constitution,
Membership, shall be amended to read as follows:
"Sec. 2. Any person of Seminole Indian blood whose name
appears on the Census Roll of the Seminole Agency of
January 1, 1957, may be enrolled upon written application
if admitted to membership by a majority vote of the
Tribal Council, provided that the Census Roll of January
1, 1957, may be corrected by the Seminole Tribal Council
up to and including August 22, 1970."
"Sec. 8. The Tribal Council shall have the power to pass
ordinances, which are not in conflict with this
Constitution, governing future membership, loss of
membership and the adoption of members into the Seminole
Tribe of Florida, which ordinances shall be subject to
the approval of the Secretary of the Interior, or his
authorized representative."
AMENDMENT XIV
Section 4 of Article III of the Constitution,
Organization of Governing
Body, shall be amended to read as follows:
"Sec. 4. The Tribal Council shall select from within or
without the membership of the tribe a Secretary-Treasurer
and such committees as may be deemed necessary.
Committeemen so selected shall serve at the pleasure of
the Tribal Council. All officers and employees appointed
or employed by the Tribal Council now serving or
hereafter are appointed or employed in permanent
positions and shall serve unless removed or their
services terminated for inefficiency, gross misconduct,
neglect of duty, or for good and sufficient reasons as
may hereafter be prescribed by the Tribal Council."
AMENDMENT XV
Section 3 (c) of Article IV of the Constitution,
Nominations and Elections, shall be amended by deleting
the last sentence. Section 3 (c), as amended, shall read
as follows:
"Sec. 3 (c). Successful candidates shall take office on
the first Monday in the month immediately following their
election."
The Preamble of the Constitution shall be amended in its
entirety as follows:
"We, the members of the Seminole Tribe of Florida,
seeking divine guidance under God, in order to promote
justice, insure tranquility, encourage the general
welfare, safeguard our interests and secure the blessings
of freedom and liberty for ourselves and for our
posterity, do hereby form and organize a Seminole Tribal
Council and we do ordain and establish this Constitution
and set of Bylaws as the rules for its deliveration."
Article II of the Constitution shall be further amended
in its entirety as follows:
".Section 1. All persons who are enrolled as members of
the Seminole Tribe of Florida as of the date this
amendment is adopted by vote of the adult members of the
Tribe."
"Sec. 2. Any person of Seminole Indian blood whose name
appears on the Census Roll of the Seminole Agency of
January 1, 1957, may be enrolled upon written application if
admitted to membership by a majority vote of the Tribal Council,
provided that the Census Roll of January 1, 1957, may be corrected
by the Seminole Tribal Council up to and including August 22,1965."
"Sec. 3. Any person of one-fourth (1/4) or more degree of
Seminole Indian blood born after the adoption of this
amendment both of whose parents are members of the tribe
shall be enrolled as a tribal member upon written
application to the Tribal Council."
"Sec. 4. Any person of one-fourth (1/4) or more degree of
Seminole Indian blood born after the adoption of this
amendment of a marriage between a member of the Tribe and
any other person may be enrolled if admitted to
membership by a majority vote of the Tribal Council."
"Sec. 5. A child of one-fourth (1/4) or more degree of
Seminole Indian blood born out of wedlock after the
adoption of this amendment to a Seminole mother who is a
member of the Tribe may be enrolled by a majority vote of
the Tribal Council if the child otherwise meets the
requirements for enrollment."
"Sec. 6. A child of one-fourth (1/4) or more degree of
Seminole Indian blood born out of wedlock to a mother who
is not a member of the Tribe and is not eligible to
become a member may be enrolled by a majority vote of the
Tribal Council if the mother files with the Tribal
Council proof established in accordance with the laws of
the State of Florida as to the paternity of the child and
the person adjudged to be the father is an enrolled
member of the Tribe and if the child otherwise meets the
requirements for enrollment."
"Sec. 7. In the event the applicant is a minor, the
application may be prepared and presented by the parent
or parents of the minor, or by any adult relative."
"Sec. 8. The Tribal Council shall have the power to pass
ordinances, which are consistent with and pursuant to
this Constitution governing future membership, loss of
membership and the adoption of members into the Seminole
Tribe of Florida, which ordinances shall be subject to
the approval of the Secretary of the Interior, or his
authorized representative."
"Sec. 9. No person who is admitted to tribal membership
by adoption shall be eligible to hold an elective office
in the Seminole Tribe of Florida."
Article IV, Section 3 of the Constitution
shall be amended in its entirety as follows:
"Sec. 3. The Dania, Big Cypress and Brighton Reservations
shall each have on the Tribal Council two reservation
representatives. Each candidate for the office of
reservation representative must have been continuously a
resident of his or her reservation for a period of at
least six (6) months immediately preceding the election
in which he or she may be a candidate. In addition to
the reservations' representatives, there shall be elected
two (2) at-large members to the Tribal Council, whether
they are resident or non-resident. The Tribal Council of
the Tribe may, if a new area be acquired or set aside for
the Seminole Tribe of Florida, cause additional
reservation representatives and at-large representatives
to be established."Article VII of the Constitution shall be amended
n its entirety as follows:
"Whenever the Tribal Council, by a majority vote of the
members, or the tribal membership by a petition signed by
twenty (20) percent of the eligible voters, calls for the
submission of an amendment, the Secretary of the Interior
shall call an election upon the proposed amendment to the
Constitution and Bylaws. If at such election the
amendment is adopted by a majority vote of the qualified
voters of the tribe voting therein, and if at least
thirty (30) percent of those entitled to vote shall vote,
such amendment shall be submitted to the Secretary of the
Interior and, if approved by him, shall thereupon take
effect."
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