CONSTITUTION
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V PREAMBLE
We, the members of the Pala Band of Mission Indians, hereinafter referred to as the Pala Band,
exercising our inherent rights as a sovereign, federally-recognized Indian tribe, do hereby adopt
the following Constitution to supersede the Articles of Association which were approved by the
Commissioner, Bureau of Indian Affairs, on March 7, 1969.
Sectioni. PURPOSE
The purpose and powers of the Pala Band of Mission Indians shall be to protect and promote
the welfare and best interests of the members of the Pala Band of Mission Indians to protect arid
to exercise the Pala Band’s inherent rights as a federally—recognized Indian tribe, whether said
rights exist at present or are conferred at a later date; to promote economic development on the
Palandian Reservation to improve the economic condition of the Pala Band arid the employment
opportunities for its members; and to further and achieve self-government and self-determination
in all tribal affairs; provided, however, that no tribal rights shall be limited or relinquished by the
adoption of whether in existence at present or later conferred, are hereby reserved by the Pala
Band and included as if fully set forth herein.
The jurisdiction of the Pala Band shall extend to all lands within the exterior boundaries ofthe
Pala Indian Reservation and shall also extend to any lands which may be added to the Reservation
in the fb.ture Said jurisdiction extends to land held in trust by the United States of America,
V V whether assigned, allotted tribal lands. To any lands held in fee.by the Pala Band, by members
or
business
entities and to mining claims and homestead within the exterior boundaries
any
of the
Reservation.
This jurisdiction shall extend to all persons and entities within the exterior
boundaries
of the and
Reservation
lands, surface
to all
ground
waters,
waters,
river beds,
submerged
lands,properties, and air air
minerals, natural
space, and any other
resources
resources.
The Pala Band of Mission Indians retains the right to and shall exercise its inherent tribal
jurisdiction in all respects to the fullest extent allowed by law. V
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approved by the
Those persons whose names appear on the Pala Allotment Roll as
who were living
Secretary of the Interior on April 12, 1895, and November 3, 1915,
of Associ ation by the
on the date of approval of the Pala Band’s original Articles
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Commissioner ofIndian Affairs.
cl in Section (1)
All living descendan.ts of persons on the Allotment Rolls .covere
deceased, provided
above regardless of whether the original allottees are living or
or more
that they are direct lineal descendants and have one-sixteenth (1/16)
degree of Indian blood of the Pala Band.
on has been
Those persons who have been adopted by the Band and such adopti V
MEMBERSHIP ROLL
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Section 2. V
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ce of death, arid by
and of deceased members upon receipt of a death certificate or other eviden
requirements.
adding the names of children born to members who meet the membership
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The Executive Committee may &om time.td time amend and/or replace its existing Enrollment
Ordmance with an Ordmance governing adoption, loss ofmembership, disenroliment, and fl.iture
membership, provided that such 9rdinances ar&in compliance with this Constitution.
The governing body of the Pala Band shall be the General Council, which shall consist of all
members of the Pala Band who aie eighteen years of age or older.
Subject to any limitations imposed by applicable law, the General Council shall exercise all
powers allowed by law and not otherwise restrictedby this Costitution, including but not limited
to following powers.
enterprises, tribal assets, to include but not limited to, review and approval of
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To employ legal counsel pursuant to federal law and subject to the approval of the
Secretary Of the Interior. V V
To enact ordinances, not iflcnsis tent with the Constitution, or to delegate this
authority to the Executive Committee.
To assess fees for the payment of expenses of the Band or tà finance any project
which in its opinion is for the benefit of the Pala Band as a whole.
To establish its own rules of procedure for the conduct of its affairs and by V
To levy taxes,including but not limited to sales tax, possessory interest tax,
mineral extracting tax, or other taxes as the General Council deems necessary.
Q To raise and address issues coneerriing the general well-being of the community.
H To provide. . progi at ‘V
Jar tribal .members Vand.:other V reservation
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Sections. MEETINGS V
Only duly enrolled tribal members who have signed in at the meeting may vote. The method.
of voting either by show of hands or by secret ballot will be determined by the Executive
NO measur being vàted on will bëcàtheeffecflve unles a majoti ofvoters vote in
favor of the measure.
SectionS. MOTIONS
Once a motion is adopted by the General Council, no attempt-to reverse that position for a
period of one (i) year will be permissible.
A Only enrolled members of the Pala Band shall attend Executive Committee or
General Council meetings. Non-members may attend only if invited by the
Executive Committee.
B Only members âf the tribe eighteen (18) years and over• may vote and participate
iii discussions at General Council. meetings,unless otheiwise authorized by the
• Executive Committee. .. .. . . .
B Any member who is disorderly or disrupts the meeting shall be removed and
excluded from the meeting.. .
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C Each member will be permitted five (5) minutes tO speak but may be allowed
additional time at the discretion of the Executive Committee.
D Tribal members may submit agenda items for discussion at a General COUNCIL
Meeting no later than ten (to) days priOr to the date of the ming on a form
provided by the Executive Committee. The Executive Committee may add agenda
items at any time prior to printing of the agenda.
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ARTiCLE IV ELECTIONS
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Section 2. VOTING
Any member of the Pala Band eighteen years of age or older shall
have the right to vote in all
tribal elections or General Council Meetings.
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Section 1. COMPOSITION
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Section 2. . QUALIFICATIONS V
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years earlier.
Section 3. ELECTION
Nominations shall be
All elections of Executive Committee members shall be by secret ballot.
e nominees certified
made at a general council meeting called for that sole purpose. and all eligibl
the ballot.
syoters by the Election Committee shall have their names placed on
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Section 4. TERM OF OFFICE
All Executive Committee members shall be elected for a trm of two years, or until their
successors are duly elected The terms shall be staggered th the Chair, Treasurer, and one at-
large Executive Committee member being elected in even-numbered years and the Vice_Chaji-,
Secretary arid the other at-large Executive Committee member being elected in odd-numbered
years.
Section 5. VACANCIES
If an officer shall die, resign, be found guilty of a felony in any State or Federal court or be
recalled for any other cuse from his office, a vacancy in the office shall be automatically created.
If an Executive Committee member resigns, he/she cannot be elected to office for five years from
the date of the resignation. A seat on the Executive Committee will be deemed to be automatically
vacated if any Executive Committee member misses more than three (5) consecutive Executive
Committee meetings unless the absence is excused by the Executive Committee for good cause.
All vacancies described in the paragraph shall be filled by the General Council at its next meeting
and such replacement shall serve the unexpired remainder of the term of office.
Section 6. RECALL
Upon receipt ofareall petition stating the reasons for the recall of an Executive Co’.niittee
member or members, which petition is signed by at least twenty-percent (O%) of the eligible
voting members of the Band, the Executive Committee shall set and provide notice of a meeting
to be held within (so) days after receipt of the petition. At this meeting the Executive Committee
member or members being recalled shall hay: the opportunity to respond to any charges being
made against him or her. Within ten days fter that meeting, the Executive Committee shall cause
a Recall Election to be held. A majority of those voting at the election shall govern, provided that
at least thirty percent (50%) of those eligible vote in the election. Recall of elected officials will
be limited to one (i) per term of office.
Section 7. REMOVAL
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•. Failure to attend three (3) consecutive meetings without a valid excuse. including
• regular emergency and special méetings Provided that the member has received
notice of the meetings.
• Incapacih from physical or mental disability to the etend that he/she is incapable
of exercising judgment about or attending to the business of the. Executive
Committee.
Conviction of a crime under Federal. State or Tribal Law while holding office.
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Section 9. QUORUM
shall be conducted in the absence
A quorum shall consist of five (.5) members arid no business
of a quorum.
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Sebtiori n. POWERS AND DUTIES OF THE EXECUTIVE COMMflTEE V
The Executive Committee shall have the following and duties, but shall not commit powers
ered by a
the Pala Band to any contract, lease, or other business agreement unless it is so empow
duly enacted ordinance or resolution of the General Council:
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Represent the Band in all negotiations between the Band and local, State and
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Federal Government, their agencies and officers, and faithfully advise the Genera
Council of all such negotiations;
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sses, arid
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Represent the Pala Band in all negotiations with individuals, private busine
any other entities seekiri to do business with the Pala Band;
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To advise congress, and repzesentative of the Interior Department ad other
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V , projects
on appropriation
agencies
To manager
all the Pala Band pertaining to tribal lands, money and
affairs of
V natural resources
provided that the Executive Committee shall not commit the
Band to any
lease or other
contract,
unless specifically empowered to do
agreement
ittees and
To appoint committees and delegates: to assis.t the Executive Comm
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the Tribe;
• delegates to assist the Executive Committee in carrying out busines for V
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radoed
I To enforce
and carry out all ordinances ,y the General Council
l0
CTIVE DATE
ARTICLE - AMENDMENTS AND EFFE
Pursuant to the authority redelegated by the Assistant Secretary of Indian Affairs in 209
DM 8, Secretary’s Order No. 3150, as amended, and 10 BIAM Bulletin 13, as amended
and redelegated to me by Memorandum of Agreement dated August 16, 1994, the•
Constitution of the Pala Band of Mission Indians is hereby approved retroactive to the
date of adoption on November 12, 1997; PROVIDED. that nothing in this approval shall
be construed as authorizing ahy action under this document that would be contrary to
Federal law.
Date
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IN REPLY REFER
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OCT04 2000
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HH1i
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P.O. Box 50 V
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the
trib al rec ord s is a cop y of the “Certificate of Approval” by
Indians. Enclosed for the
the date
or, Pac ific Re gio n app rov ing the document retroactive to
Acting Regional Direct
s official
ber 12. 199 7. We apo log ize for the delay in providing thi
of adoption Novem
notification.
Sincerely,
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Virgil Townsend
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Superintendent
Enclosure(s)
Certification of Minutes and Records for the two (2) Constitutional Amendments made in
the year TwoThousand and Three (2003).
I, Kilma Sibirnoat Lattin, the duly elected Secretary of the Pala Band, in this year of
2006, hereby declare that, to the best of my knowledge, no certification page exists on
record for the two Constitutional amendments made by the General Council in November
of 2003; however, the official minutes and records of the Tribe indicate that the above is
true and correct.
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— 4l.a S. Lattin
Tribal Secretary
WHEREAS:
2. Pursuant to Article Ill, Section 1, the governing body of the Tribe is the General Council; and
3. Pursuant to Article \7, the elected representatives of the General Council are known as the
Executive Committee; and
4. The Tribe may amend its Constitution in accordance with ARTICLE IX, Section 2; now
1. During the November ballot in the year two thousand and three (2003), the General Council,
pursuant to Article IX, Section 2, amended its Constitution; and
Any criminal conviction or adverse civil judgment having to do with theft, dishonesty or
fraud, will exclude that person’s name from being placed on the ballot and running for
Executive Committee.
CERTIFICATION
We, the undersigned members of the Executive Committee, hereby certify that the above amendment to the
Constitution of the Pala Band of Mission Indians was duly adopted during the November ballot in the year
two thousand and three (2003), pursuant to Article IX, Section 2 of the Constitution, by a vote of 338 in
favor and 37 in opposition.
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Robert H. Smith, Cl$irman Leroy H. Miranda Jr., Vice-Chainnan
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Thercsa J Nieto Theasurer
j’%” Kilma Sibiihed Lattin, Secretary
WHEREAS:
2. Pursuant to Article III, Section I, the governing body of the Tribe is the General Council; and
3. Pursuant to Article V, the elected representatives of the General Council are known as the
Executive Committee; and
4, The Tribe may amend its Constitution in accordance with ARTICLE IX, Section 2; now
I. During the November ballot in the year two thousand and three (2003), the General Council,
pursuant to Article IX, Section 2, amended its Constitution; and
2. The amendment made was to Article V, Section 4, “TERM OF OFFICE,” which formerly
read:
All Executive Committee members shall be elected for a term of two years, or until
their successors are duly elected. The tenns shall be staggered with the Chair, Treasurer,
and one at-large Executive Committee member being elected in even- numbered years
and the Vice-Chair, Secretary and the other at-large Executive Committee member being
elected in odd-numbered years.
CERTIFICATION
We, the undersigned members of the Executive Committee, hereby certify that the above amendment to the
Constitution of the Pala Band of Mission Indians was duly adopted during the November ballot in the year
two thousand and three (2003), pursuant to Article IX, Section 2 of the Constitution, by a vote of 270 in
favor and 106 in oppo$o&,,
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LRebert H. Smith, Chai’&an Leroy H Miranda Jr Vice Chairman
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Theie&a.J. Nieto, Treasurer Kimnlrsibwi1 Lattin, Secretary
WHEREAS:
2. Pursuant to Article III, Section 1, the governing body of the Tribe is the General Council; and
3. Pursuant to Article V. the elected representatives of the General Council are known as the
Executive Committee; and
4. The Tribe may amend its Constitution in accordance with ARTICLE IX, Section 2; now
I. During the December ballot, in the year two thousand and six, (2006), the General Council,
pursuant toArticle IX, Section 2, amended its Constitution; and
2, The amendment made was to Article V, Section 4, “TERM OF OFFICE,” which formerly
read:
Each Executive Committee member shall be elected for a term of two years, or until
his/her successor is duly elected and takes office. Terms shall be staggered with the
Chairman, Treasurer and one at-large Executive Committee member being elected in
even numbered years; and the Vice-Chairman, Secretary and other at-large Executive
Committee member being elected in odd-numbered years. There shall be no limit on
the number of terms which an individual may serve in any Executive Committee
position.
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CERTIFICATION
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We, the undersigned members of the Executive Committee, hereby certify, on this day of December,
that this amendment to the Constitution of the Pala Band of Mission Indians was duly adopted by the
People of Pala during the December ballot, in the year two thousand and six (2006), pursuant to Article IX,
Section 2 of the Constitution, by more than a two-thirds vote of more than 50% of the eligible voters of
Pala, with 337 in favor and 150 in opposition.
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