CONSTITUTION AND BYLAWS
FOR THE TULALIP TRIBES OF WASHINGTON

(Note: Numbers in Brackets [ ] at the end of paragraphs refer to Amendments listed on the last page.)

CONSTITUTION

PREAMBLE

We, the Indians of the Tulalip Tribes, in order to establish a more perfect tribal organization, promote the general welfare, encourage educational progress, conserve and develop our lands and resources, and secure to ourselves and our posterity the power to exercise certain rights of home rule not inconsistent with the Federal, State, and local laws, do ordain and establish this Constitution for the Tulalip Indians.

ARTICLE I – TERRITORY

The jurisdiction of the Tulalip Tribes shall extend to the territory within the original confines of the Tulalip Reservation as set forth by Executive order of December 23, 1873, in pursuance of Article III of the Treaty of Point Elliott, January 22, 1855 (12 Stat. 927), and to such other lands as may be hereafter added thereto under any law of the United States, except as otherwise provided by law.

ARTICLE II – MEMBERSHIP

Section 1

The membership of the Tulalip Tribes shall consist as follows:

A. All persons of Indian blood whose names appear on the census roll of Tulalip Indians as of January 1, 1935; provided, that such roll may be corrected within twenty-five years and three months after approval of this Constitution and Bylaws by the Board of Directors with the approval of the Secretary of the Interior. [2]

B. All children born to any member of the Tulalip Tribes who is a resident of the reservation at the time of the birth of said children.

Section 2

The Board of Directors shall have the power to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership and the adoption of new members, making any necessary adjustments of property rights.

ARTICLE III – GOVERNING BODY

Section 1

The governing body of the Tulalip Indians shall consist of a council, known as the Tulalip Board of Directors.

Section 2

This Board shall consist of seven (7) members duly elected to serve three (3) years, two (2) being elected each year, except that every third year three (3) shall be elected.

Section 3

The General Council shall after each regular election select from the members of the Board: (1) a chairman, (2) a vice-chairman, (3) a secretary, (4) a treasurer; and the Board may appoint or employ such other officers and committees as may be deemed necessary.

Section 4

The first election of the Board of Directors hereunder shall be called and supervised by the present tribal council at least thirty (30) days after the ratification and approval of this Constitution. There shall be elected three (3) Board members who shall hold office for three (3) years, two (2) Board members who shall serve two (2) years, and two (2) Board members who shall serve one (1) year; and they shall hold office until their successors are duly elected and qualified. After the first election, elections for the Board of Directors shall be called not more than sixty (60) days prior to the expiration of the terms of office of the members of the Board of Directors.

ARTICLE IV – ELECTION AND NOMINATION FOR THE BOARD OF DIRECTORS

Section 1

All enrolled members of the Tulalip Tribes eighteen (18) years of age or over and registered to vote, shall have the right to vote. [4] [8]

Section 2

The time and places of voting shall be designated by the Board of Directors.

Section 3

All elections shall be by secret ballot.

Section 4

Nominations of candidates for office under this Constitution shall be by petition signed by not less than five (5) legal voters. A voter may sign only one (1) petition. Petitions for nomination shall be filed with the Secretary of the Board of Directors at least thirty (30) days prior to the election for which the candidate makes such petition. The list of qualified candidates shall be posted by the Secretary of the Board of Directors in a public place not less than two (2) weeks prior to the election.

Section 5

All elections shall be held in accordance with the rules and regulations laid down by the Board.

ARTICLE V – VACANCIES AND REMOVAL FROM OFFICE

Section 1

If a director or official shall die, resign, permanently leave the reservation, or shall be found guilty of a crime or misdemeanor involving dishonesty in any Indian, State, or Federal court, the Board shall declare the position vacant and elect to fill the vacancy until the next general election. [1]

Section 2

The Board of Directors may by a two-thirds affirmative vote expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken on the matter, such member shall be given an opportunity to answer any and all charges at a designated council meeting; the decision of the tribal council shall be final.

ARTICLE VI – POWERS OF THE BOARD OF DIRECTORS

Section 1 Enumerated Powers.

The Board of Directors of the Tulalip Indian Reservation shall exercise the following powers, subject to any limitations imposed by the statutes or the Constitution of the United States of America, and subject further to all express restrictions upon such powers contained in this constitution and the attached bylaws and subject to review by the General Council:

A. To negotiate with the Federal, State, and local governments on behalf of the Tribe and to advise and consult with the representatives of the Interior Department on all activities of the Department that may affect the Tulalip Reservation.

B. To employ legal counsel for the protection and advancement of the rights of the Tulalip Indians, the choice of counsel and fixing of fees to be subject to the approval of the Tribe and of the Secretary of the Interior.

C. To approve or veto any sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs or any other official or agency of government, provided that tribal lands may be mortgaged or sold as now or hereafter provided by law, with the consent of the Secretary of the Interior on such terms or conditions as the Tulalip Board of Directors may prescribe. [3]

D. To advise the Secretary of the Interior with regard to all appropriation estimates or Federal projects for the benefit of the Tulalip Reservation prior to the submission of such estimates to the Bureau of the Budget and to Congress.

E. To make assignments of reservation land to members of the Tulalip Tribe in conformity with Article VIII of this Constitution.

F. To manage all economic affairs and enterprises of the Tulalip Reservation in accordance with the terms of a charter to be issued to the Tulalip Indians by the Secretary of the Interior.

G. To appropriate for salaries of tribal officials or for public purposes of the reservation any available tribal funds, provided that any such appropriation made prior to July 1, 1940, shall be subject to review by the Secretary of the Interior.

H. To levy taxes upon members of the Tulalip Tribe and to require the performance of community labor in lieu thereof, and to levy taxes or license fees, subject to review by the Secretary of the Interior, upon non-members doing business within the reservation.

I. To exclude from the restricted land of the Tulalip Reservation persons not legally entitled to reside therein, under ordinances which shall be subject to review by the Secretary of the Interior.

J. To enact resolutions or ordinances not inconsistent with Article II of this Constitution governing adoption and abandonment of membership.

K. To promulgate and enforce ordinances, which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Tulalip Tribes, and providing for the maintenance of law and order and the administration of the justice by establishing a reservation court and defining its duties and powers.

L. To safeguard and promote the peace, safety, morals, and general welfare of the Tulalip Reservation by regulating the conduct of trade and the use and disposition of property upon the reservation, provided that any ordinance directly affecting non-members of the Tulalip Tribes shall be subject to review by the Secretary of the Interior.

M. To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the Tulalip Tribes.

N. To regulate the inheritance of property, real and personal, other than allotted lands within the territory of the Tulalip Reservation, subject to review by the Secretary of the Interior.

O. To regulate the domestic relations of members of the tribes, subject to review by the Secretary of the Interior.

P. To provide for the appointment of guardians for minors and mental incompetents by ordinance or resolution, subject to review by the Secretary of the Interior.

Q. To cultivate and preserve native arts, crafts, culture and Indian ceremonials.

R. To adopt resolutions regulating the procedure of the Board itself and of other tribal agencies and tribal officials of the reservation.

S. To delegate to subordinate boards or to cooperative associations which are open to all members of the tribes any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated power.

T. To make grants of tribal funds per capita to elderly members of the Tribe and to also distribute tribal funds per capita to all enrolled members of the Tribe from the net income of the Tribe over and above the amount necessary to timely defray tribal obligations, which obligations shall include reserve funds and savings accounts. [5] [7]

U. To regulate by ordinance the exercise of the right to hunt and fish, gather berries, roots, shellfish and other traditional rights and areas, including those heretofore secured to the tribes and bands of the Tulalip Reservation by Article V of the Treaty of Point Elliott (January 22, 1855, 12 Stat. 927) and to enforce the same. [6] [7]

V. To promulgate ordinances, subject to review by the Secretary of the Interior, providing for the exercise of the power of eminent domain for public uses. No property shall be taken without due process of law without just compensation having been made. [7]

Section 2 Manner of Review.

Any resolution or ordinance, which by the terms of this Constitution is subject to review by the Secretary of the Interior, shall be presented to the Superintendent of the reservation no later than ten (10) days from its enactment. Within ten (10) days from receipt thereof, the Superintendent shall approve or disapprove the same. [5]

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 its receipt by him rescind the said ordinance or resolution for any cause by notifying the Board of Directors of such decision, Article V of the Treaty of Point Elliott (January 22, 1855, 12 Stat. 927), and to enforce the same.

If the Superintendent shall refuse to approve any resolution or ordinance duly submitted to him, he shall within ten (10) days after its receipt by him advise the Board of Directors of his reasons therefor. If these reasons appear to the Board 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 date of its receipt by him, approve the same in writing, whereupon the said ordinance or resolution shall become effective.

Section 3 Future Powers.

The Board of Directors of the Tulalip Reservation may exercise such further powers as may in the future be delegated to the Board by the Secretary of the Interior, or by any other duly authorized official or agency of government.

Section 4 Reserved Powers.

Any rights and powers heretofore vested in the tribes or bands of the Tulalip Reservation but not expressly referred to in this Constitution shall not be abridged by this article, but may be exercised by the people of the Tulalip Reservation through the adoption of appropriate bylaws and constitutional amendments.

Section 5 Manner of Review by the General Council.

The Chairman of the Board of Directors shall call a General Council annually on election day, at which time he shall report in detail to the Council what has been done during the past year and set forth the plans of the Board for the coming years. This shall be freely discussed by the General Council, and the wishes of the General Council may be expressed by resolution or ordinance which shall govern the future action of the Board of Directors, or repeal or amend any past action of such Board, as of the date of such repeal or amendment. [7] [8]

The Chairman of the Board of Directors shall also call a semi-annual General Council no sooner than one hundred eighty (180) days, nor more than two hundred ten (210) days, following election day. The quorum shall be the same as the annual General Council.

The Chairman shall call special meetings of the General Council upon written request of five (5) percent of tribal members eligible to vote on the first day of each calendar year. [9]

The Tulalip Enrollment Department shall, on the first working day of each calendar year, make all calculations necessary to establish the number representing the five (5) percent of tribal members eligible to vote on the first day of each calendar year and immediately publish both the numbers and the method of calculation. [9]

ARTICLE VII – BILL OF RIGHTS

Section 1 Suffrage.

All members of the Tribes over the age of eighteen (18) shall have the right to vote in all tribal reservation elections. The residence qualifications established by Article IV of this Constitution shall apply to all elections except elections for the amendment of this Constitution and the attached Bylaws. [4]

Section 2 Economic Rights.

All members of the Tribes shall be accorded equal opportunities to participate in the economic resources and activities of the reservation.

Section 3 Civil Liberties.

All members of the Tribes may enjoy without hindrance freedom of worship, conscience, speech, press, assembly, and association.

Section 4 Rights of Accused.

Any member of the Tulalip Tribes accused of any offense shall have the right to a prompt, open, and public hearing, with due notice of the offense charged, and shall be permitted to summon witnesses on his own behalf. Trial by jury may be demanded by any prisoner accused of any offense punishable by more than thirty (30) days’ imprisonment. Excessive bail shall not be required and cruel punishment shall not be imposed.

ARTICLE VIII – LAND

Section 1 Allotted Lands.

Allotted lands, including heirship lands, within the Tulalip Reservation shall continue to be held as heretofore by their present owners. It is recognized that under existing law such lands may be condemned for public purposes, such as roads, public buildings, or other public improvements, upon payment of adequate compensation, by any agency of the State of Washington, or of the Federal Government, or by the Tribe itself. It is further recognized that under existing law such lands may be inherited by the heirs of the present owner, whether or not they are members of the Tulalip Tribes. Likewise it is recognized that under existing law the Secretary of the Interior may, in his discretion, remove restrictions upon such lands, upon application by the Indian owner, whereupon the land will become subject to State taxes and may then be mortgaged or sold. The right of the individual Indian to hold or to part with his land, as under existing law, shall not be abrogated by anything contained in this Constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior, voluntarily convey his land to the Tulalip Tribes either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided.

Section 2 Tribal Lands.

A. The unallotted lands of the Tulalip Reservation and all lands heretofore acquired or which may be hereafter acquired by the Tulalip Tribes of Washington, or by the United States in trust for the Tulalip Tribes of Washington, shall be held as tribal lands. Such lands may be mortgaged or sold as now or hereafter provided by law, with the consent of the Secretary of the Interior on such terms and conditions as the Tulalip Board of Directors may prescribe.

B. Subject to any limitations imposed by this Constitution and Bylaws, or by any applicable Federal statute, the Tulalip Board of Directors may:

1. Purchase, or receive by gift or relinquishment, land or any interest therein.

2. Sell, mortgage, trade or exchange with or without the giving of receipt or other considerations, tribal lands or interest therein heretofore or hereafter acquired.

C. Tribal lands shall not be allotted to individual Indians, but may be assigned to members of the Tulalip Tribes, or leased, or otherwise used by the Tulalip Tribes for the common benefit of the members thereof.

Section 3 Leasing of Tribal Lands.

Tribal lands may be leased by the Board of Directors, with the approval of the Secretary of the Interior, for such periods of time as are permitted by law.

In leasing of tribal lands preference shall be given, first, to Indian cooperative associations, and, secondly, to individual Indians who are members of the Tulalip Tribes.

Section 4 Grant of “Standard” Assignments.

In any assignment of tribal lands which now are owned by the Tribes or which hereafter may be acquired for the Tribes by the United States or purchased by the Tribes out of tribal funds, preference shall be given, first, to heads of families which have no allotted lands or interests in allotted lands.

No allotted member of the Tulalip Tribes who may hereafter have the restrictions upon his land removed and whose land may thereafter be alienated shall be entitled to receive an assignment of land as a landless Indian.

The Board of Directors may, if it sees fit, charge a fee not to exceed $5 on approval of an assignment made under this section.

Assignments made under this section shall be for the primary purpose of establishing homes for landless Indians, and shall be known as “Standard Assignments.”

Section 5 Tenure of Standard Assignments.

If any member of the Tribes holding a standard assignment of land, shall, for a period of two (2) years, fail to use the land so assigned or use such land for any unlawful purposes, his assignment may be cancelled by the Board of Directors after due notice and an opportunity to be heard, and the said land may be reassigned in accordance with the provisions of Section 4 of this Article.

Upon the death of any Indian holding a “standard assignment,” his heirs or other individuals designated by him by will or by written request shall have a preference in the reassignment of the land, provided such persons are members of the Tulalip Tribes who would be eligible to receive a “standard assignment.”

Section 6 Grant of “Exchange” Assignments.

Any member of the Tribes who owns any restricted or unrestricted land or any interest therein may, with the approval of the Secretary of the Interior, voluntarily transfer his interest in such land to the Tribes in exchange for an assignment to the same land or other land of equal value. If the assignee prefers, he may receive, in lieu of a specific tract of land, a proportionate share in a larger grazing unit.

Assignments made under this section shall be known as “Exchange” assignments.

Section 7 Leasing of Exchange Assignments.

Exchange assignments may be used by the assignee or leased by him to Indian cooperative associations, to individual members of the Tribes, or, if no individual Indian or Indian cooperative association is able and willing to rent the land at a reasonable fee, such assignments may be leased to non-Indians, in the same manner as allotted lands.

Section 8 Inheritance of Exchange Assignments.

Upon the death of the holder of any exchange assignment, such land shall be reassigned by the Board of Directors to his heirs or devisees, subject to the following conditions:

A. Such lands may not be reassigned to any heir or devisee who is not a member of the Tulalip Tribes, except that a life assignment may be made to the surviving widower or widow of the holder of an assignment.

B. Such lands may not be reassigned to any heir or devisee who already holds more than forty (40) acres of uncleared lands or other land or interest in land of equal value, either under allotment or under assignment.

C. Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of uncleared land shall be subdivided into units smaller than twenty (20) acres, and no area of agricultural land shall be subdivided into units smaller than two and one-half (2 1/2) acres, except that land used for building or other improvements may be divided to suit the convenience of the parties. Where it is impossible to divide the land properly among the eligible heirs or devisees, the Board of Directors shall issue to such heirs or devisees interest in tribal land or property of the same value as the assignment of the decedent.

D. If there are no eligible heirs or devisees of the decedent, the land shall be eligible for reassignment in accordance with the provisions of Section 4 of this Article.

Section 9 Inheritance of Improvements.

Improvements of any character made upon assigned land may be bequeathed to and inherited by members of the Tulalip Indians or otherwise disposed of under such regulations as the Board of Directors shall provide. No permanent improvements shall be removed from the land without the consent of the Board of Directors.

Section 10 Exchange of Assignments.

Assignments may be exchanged between members of the Tulalip Tribes by common consent in such manner as the Board of Directors shall designate.

Section 11 Use of Unassigned Community Land.

Community land which is not assigned, including community timber reserves, shall be managed by the Board of Directors for the benefit of the members of the entire community, and any cash income derived from such land shall accrue to the benefit of the community as a whole. All action of the Board of Directors with respect to such lands shall be in conformity with departmental regulations for protection of Indian range and timber resources authorized by Section 6 of the Act of June 18, 1934.

Section 12 Purchase of Land by Tribes.

Tribal funds may be used, with the consent of the Secretary of the Interior, to acquire land, under the following conditions:

A. Land within the Tulalip Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the Tulalip Indians.

B. Restricted land which is in heirship status at the time of the adoption and approval of this Constitution may be purchased by or for the Tribes, with the consent of all the adult heirs, and the legal guardians of minor heirs, payment therefor to be made as may be agreed upon.

C. Land owned by any member of the Tribes who is over the age of sixty (60) years, or who is physically incapacitated, may be transferred by its owner to the Tribes in exchange for a pension of not more than twice the annual rental value of the land for the life of the pensioner, to be paid out of available tribal funds.

D. Land owned by any member of the community in excess of his needs for domestic purposes may be purchased by the community, with the consent of the owner, payments to be made under such terms as may be agreed upon by the Board and owner.

E. Land owned by any member of the Tribes who desires to leave the reservation permanently may be purchased by the Tribes, under such terms as may be agreed upon.

Section 13 Method of Making Assignments.

Applications for assignments shall be filed with the Secretary of the Board and shall be in writing, setting forth the name of the person or persons applying for the land and as accurate a description of the land desired as the circumstances will permit. Notices of all applications received by the Secretary shall be posted by him in the agency office and in at least three (3) conspicuous places on the reservation for not less than twenty (20) days before action is taken by the Board. Any member of the Tribes wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the Secretary of the Board, and may if he so desires appear before the Board to present evidence. The Secretary of the Board shall furnish the Superintendent or other officers in charge of the agency a complete record of all action taken by the Board on applications for assignment of land, and a complete record of assignments shall be kept in the agency office and shall be open for inspection by members of the Tribes.

The Board shall draw up one or more forms for standard and exchange assignments, which shall be subject to the approval of the Secretary of the Interior.

ARTICLE IX – AMENDMENTS

Amendments to the Constitution and Bylaws may be ratified and approved in the same manner as this Constitution and Bylaws.

Whenever five members of the council shall consider an amendment necessary such amendment shall be duly approved by five or more members of the council and sent to the Secretary of the Interior. It shall then be the duty of the Secretary of the Interior to call an election. If at such election the amendment is adopted by a majority of the qualified voters of the Tribes voting therein and if at least thirty percent (30%) of those entitled to vote shall vote in such election, such amendment shall be submitted to the Secretary of the Interior and, if approved by him, shall thereupon take effect.

BYLAWS FOR THE TULALIP TRIBES OF WASHINGTON

ARTICLE I – DUTIES OF OFFICERS

Section 1 Chairman of the Board.

The Chairman of the Board shall preside over all meetings of the Board, shall perform all duties of a chairman and exercise any authority delegated to him by the Board. He shall vote only in the case of a tie.

Section 2 Vice-Chairman of the Board.

The Vice-Chairman shall assist the Chairman when called upon so to do and in the absence of the Chairman he shall preside. When so presiding he shall have all the rights, privileges, and duties as well as the responsibilities of the Chairman.

Section 3 Secretary of the Board.

The Secretary of the Board of Directors shall conduct all tribal correspondence and shall keep an accurate record of all matters transacted at Board meetings. It shall be his duty to submit promptly to the Superintendent of the jurisdiction and Commissioner of Indian Affairs copies of all minutes of regular and special meetings of the Board of Directors.

Section 4 Treasurer of the Board.

The Treasurer of the Board of Directors shall accept, receive, receipt for, preserve, and safeguard all funds in the custody of the Board, whether same be tribal funds or special funds for which the Board is acting as trustee or custodian. He shall deposit all such funds in such bank or elsewhere as directed by the Board and shall make and preserve 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 being made in writing to the Board at regular meetings and at such other times as requested by the Board.

He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the tribal Board when properly authorized so to do by resolution duly passed by the Board.

The books and records of the Treasurer shall be audited at least once each year by a competent auditor employed by the Board and at such other times as the Board or the Commissioner of Indian Affairs may direct.

The Treasurer shall be required to give a bond satisfactory to the Board and to the Commissioner of Indian Affairs.

The Treasurer shall be present at all special or regular meetings of the council.

Section 5 Appointive Officers.

The duties of all appointive committees or officers of the Tulalip Indians shall be clearly defined by resolution of the Board at the time of their creation or appointment. Such committees and officers shall report, from time to time as required, to the Board, and their activities and decision shall be subject to review by the Board upon the petition of any person aggrieved.

ARTICLE II – QUALIFICATIONS OF DIRECTORS

Section 1

No person shall be a candidate for membership in the Board of Directors unless he or she shall be a member of the Tulalip Tribes and shall have resided upon the reservation for any continuous period of one (1) year prior to the election, and shall be at least twenty-one (21) years of age. No person may be a candidate for membership on the Board of Directors if he or she shall have been found guilty of any felony, or a misdemeanor involving controlled substances or dishonesty, in any Indian, State, or Federal Court within three (3) years prior to the election. [7] [8]

ARTICLE III – CERTIFICATION OF ELECTION

It shall be the duty of the members of the Board of Directors to certify to the election of the duly elected Board members. This shall be done immediately, and the certificate filed with the Secretary.

ARTICLE IV – INSTALLATION OF DIRECTORS

Newly elected members who have been duly certified shall be installed at the first regular meeting of the Board of Directors following the election upon subscribing to the following oath:

“I, ___________________, do hereby solemnly swear (or affirm) that I shall preserve, support, and protect the Constitution of the United States and the Constitution and Bylaws of the Tulalip Indians to the best of my ability, so help me God.”

ARTICLE V – TIME AND PLACE OF REGULAR MEETINGS AND PROCEDURE

Section 1 Meetings.

Regular meetings of the Board of Directors shall be held on the first Saturday of each month at Tulalip, Washington, at a designated building or hall where official records will be kept. Special meetings may be called by a written notice signed by the Chairman or by a majority of the Board of Directors and when so called the Board of Directors shall have power to transact business as in regular meetings. [3]

Section 2 Quorum.

No business shall be transacted unless a quorum is present. A quorum of the Board of Directors shall consist of five (5) Directors. A quorum of the General Council shall consist of five (5) percent of the tribal members eligible to vote on the first day of each calendar year. [7] [10]

The Tulalip Enrollment Department shall, on the first working day of each calendar year, make all calculations necessary to establish the number representing the five (5) percent of tribal members eligible to vote on the first day of each calendar year and immediately publish both the number and the method of calculation. [10]

Section 3 Order of Business.

The following order of business is established for all meetings:

A. Call to order by the Chairman

B. Roll call

C. Ascertainment of a quorum

D. Reading of the minutes of the last meeting

E. Adoption of the minutes by vote or common consent

F. Unfinished business

G. New business

H. Adjournment

Section 4 Ordinances and Resolutions.

All final decisions of the Board or of the General Council on matters of general and permanent interest to the members of the Tribes shall be embodied in ordinances. Such ordinances shall be collected and published from time to time for the information and education of the members of the Tribes.

All final decisions of the Board or of the General Council on matters of temporary interest (such as action on the reservation budget for a single year, or petitions to Congress or to the Secretary of the Interior) or relating especially to particular individuals or officials (such as adoption of members, instructions for tribal employees or rules of order for the Board) shall be embodied in resolutions. Such resolutions shall be recorded in a special book, which shall be open to public inspection.

All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by motion duly passed or by ruling of the Chairman if no objection is heard.

In all ordinances, resolutions, or motions the Board may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement, and parliamentary procedure shall otherwise be governed by Robert’s Rules of Order.

Section 5 Legislative Forms.

Every ordinance shall begin with the words: “Be it enacted by the Board of Directors (or the General Council) of the Tulalip Tribes . . . .”

Every resolution shall begin with the words: “Be it resolved by the Board of Directors (or the General Council) of the Tulalip Tribes . . . .”

Every ordinance or resolution shall contain a citation of the laws of the United States and the provisions of the Tulalip Constitution under which authority for the said ordinance or resolution is found.

ARTICLE VI – CENTRAL GENERAL COUNCIL

Section 1

The Board of Directors shall have the power to select delegates to sit in a Central General Council of the Northwest Indian.

ARTICLE VII – ADOPTION

This Constitution and Bylaws attached hereto shall be in full force and effect whenever a majority of the adult voters of the Tulalip Tribes voting at an election called by the Secretary of the Interior in which at least thirty percent (30%) of the eligible voters shall vote, shall have ratified such Constitution and Bylaws, and the Secretary of the Interior shall have approved same, as provided in the Act of June 18, 1934, as amended by the Act of June 15, 1935.

CERTIFICATION OF ADOPTION

Pursuant to an order, approved October 29, 1935, by the Secretary of the Interior, the attached Constitution and Bylaws were submitted for ratification to the Indians of the Tulalip Tribes and were on November 23, 1935, duly adopted by a vote of 98 for and 9 against, in an election in which over thirty percent (30%) of those entitled to vote cast their ballots, in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended by the Act of June 18, 1935 (Pub. No. 147, 74th Cong.)

_________________________________

(Sgd.) Joseph James

Chairman of Election Board

_________________________________

(Sgd.) Wilfred Steve

Chairman, Tulalip Tribal Council

_________________________________

(Sgd.) Sebastian Williams

Secretary, Tulalip Tribal Council

_________________________________

(Sgd.) O. C. Upchurch

Superintendent

APPROVAL

I, Harold L. Ickes, the 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, do hereby approve the attached Constitution and Bylaws of the Indians of the Tulalip Reservation.

All rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so far as they may be incompatible with any of the provisions of the said Constitution or Bylaws are hereby declared inapplicable to the Indians of the Tulalip Reservation.

All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and Bylaws.

Approval recommended January 18, 1936.

_________________________________

(Sgd.) William Zimmerman, Jr.

Assistant Commissioner of Indian Affairs

_________________________________

(Sgd.) Charles West

Acting Secretary of the Interior

(SEAL)

Washington, D.C.

Date: January 24, 1936

History:

[1] Amendment adopted March 8, 1941; Approved May 9, 1941

[2] Amendment adopted March 14, 1959; Approved April 24, 1959

[3] Amendment adopted May 11, 1968; Approved June 19, 1968

[4] Amendment adopted February 10, 1972; Approved April 27, 1972

[5] Amendment adopted April 6, 1974; Approved April 27, 1974

[6] Amendment adopted November 1, 1974; Approved January 17, 1975

[7] Amendment adopted April 13, 1988; Approved June 22, 1988

[8] Amendment adopted March 12, 1991; Approved March 14, 1991

[9] Amendment adopted September 17, 2004; Approved September 10, 2004

[10] Amendment adopted February 18, 2005; Approved February 7, 2005