Seminole Constitution

     
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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