Tuesday, January 11, 2011
Tribal By-Laws of the NORTH-EASTERN WOODLAND BAND OF THE ABENAKI NATION (PISOWAKAMIGW WOBANAKIAK) - Changes Approved October 1987 "HFK" and June 13, 1992:
[handwritten is, "Council of Elders instead of Tribal Council ... Approved 13 June '92 HFK"]
BAND OF THE ABENAKI NATION
ARTICLE I - GENERAL
Section 1. Translation and transliteration. Titles of officers and directors shall, when appropriate, deviate from the titles or the terms normally used in corporations. Where there is a different term to be used, it may be either stated in English or translated from Abenakis to English. All terms not normally used
in any porations shall be explained elsewhere in these by-laws.
Section 2. Name. The name of this American Indian Tribe of Indigenous Peoples shall be "NorthEastern Woodlands-Coos Band of the Abenaki Nation" or "
N.E. Pisowakamigw Wobanakiak", hereinafter referred to as the Band, Republic or Tribe.
Section 3. The principal office of the Tribal Band shall be
28 Ferris Street, Swanton, Vermont 05488.
RFD #2 Box 530-A
Newport, VT. 05855
The Band shall be incorporated under the laws of the State of Vermont as a non-profit membership corporation without capital stock.
ARTICLE II - TERMS
Section 1. Interchangeable Terms Whenever they appear in these by-laws, the following shall be considered interchangeable terms. In any and all instances where any of these terms
is are used, they are intended to convey the same meaning as the below listed terms which are normally used in reference to corporations as referred to in Title 11, Chapter 19, of the Vermont Statutes Annotated, as amended, to wit:
Corporation when used in these by-laws (except when preceded by the word "other") shall refer to the NORTHEastern Woodlands Coos Band Tribe of the Abenaki
Nation Republic (N.E. Pisowakamigw Wobanakiak).
Board of Directors shall be referred to as the
Tribal Council Council of Elders.
Tribal Council Council of Elders shall include two classes of members, viz. voting and non-voting.
Meetings of the
Tribal Council of Elders shall be called Pdawazimuk
Meetings of the membership shall be called Kchi Podawazimuk
President shall be referred to as the Band Tribal Chief (Kchi Sagmo) or High Chief
Vice Presidents shall be referred to as Clan Chiefs (Sogmosis)
Secretary shall be called the notary or keeper of the
Band Tribal records and wampum (Nodawighigad)
Treasurer shall refer to the keeper of the
corporate Tribal assets (Nojimoniad).
[Howard F. Knight Jr. was "tinkering around" with the Abenaki Language "from books" to make the Incorporation seem Indian-ized and more "authentic"/legitimate/exotic.]
ARTICLE III - DEFINITIONS
Section 1. Whenever they appear in these by-laws, or the Articles of Association, the following terms shall be defined and interpreted as follows:
Indian or alnoba shall mean an individual who is a member, or a descendant of a member, of a North American Tribe, Band, or other organized group of native people who are indigenous to the North American continent
United States or who otherwise have or have had a special relationship with the United States or a State through treaty agreement or some other form of recognition. This includes any individual who claims to be an Indian and is regarded as such by the Indian community of which he or she claims to be a part, upon presentation of some acceptable form of evidence of American Indian Lineage that is acceptable to the Tribal Council of Elders and Tribal By-Laws.
Indian Tribe or Band shall be used interchangeably, and shall be interpreted to mean a distinct organized community of Indians which
1. Manifests a sense of social solidarity
2. Has as members, principally persons of common ethnological origins.
3. Exercises political authority over it's members through some process of delegating authority and responsibility for the management of it's property and affairs.
Indian (Coos Republic) Nation shall mean a body of Indians and their descendants of common ethnolgoical origins who have a common linguistic pattern and a common historical relationship through culture and religious beliefs, and may be organized into an indefinite number of Tribes or Bands, operating under a Republican form of government. [Approved Oct. '83]
Abenaki Indians (Wobanakiak) means persons who are regarded as Abenaki Indians and are or have been dealt with as such by another Tribe of the Abenaki
Nation Republic [Approved 13 Jan. '92]
Enfranchised member means a person who has been accepted as an Indian member of an Indian Tribe or Band as described herein and has reached the age and met the requirements of participation in the decision making process of such Tribe or Band. The age of participation in the Eastern Woodlands-Coos Band of the Abenaki Nation shall be 18 years of age. [Also approved 13 Jan '92]
Clan shall mean a family grouping of persons related by blood, domestic partnership, marriage, adoption, or significant common interest, who are organized as a distinct political subdivision of the Tribe or Band, having among their membership at least seven (7) enfranchised members and who have petitioned the Tribal Council for recognition as a Clan and have been accepted as provided in these by-laws. Each Clan recognized by the Tribal Council shall be entitled to seat one representative on the Tribal Council who shall be called Clan Chief. 2 or more Clans shall make a band - 2 or more Bands - a Tribe [Ammendment approved May 1988]
Clan Chief shall be chosen by the members of the Clan from it's members who meet the qualifications prescribed in these by-laws and have the consent of the eldest female of the clan who shall be known as the
ARTICLE IV - MEMBERSHIP
Section 1. Application. To be eligible for membership in the NorthEastern Woodlands-Coos Band of the Abenaki
Nation Republic/Nation, a person must make application for membership to a Clan to which they are related, or wish to be adopted. The Clan shall determine if it wishes to accept the applicant and shall inform him/her of it's decision.
The Clan shall submit accepted applications to the
Tribal Council of Elders for approval. A person who is not accepted by any of the Clans may apply directly to the Tribal Council for membership as a member at large of the Band and the High Chief shall assign the Clan association from that date forward of the member. Original Clan of perosns to be assigned if possible.
[Approved w. Ammendments June '92]
Section 2. Action by
Tribal Council of Elders. The Tribal Council of Elders shall consider all applications for membership and the findings and recommendations of the Clan. Membership shall be conferred upon the applicant by the affirmative vote of a simple majority of the Tribal Council of Elders at any duly constituted regular or special meeting. [Approved June '92]
Section 3. Criteria. The
Tribal Council Council of Elders shall consider the criteria outlined in Article III, Section 1. of these by-laws.
Section 4. Membership in other Tribes or Bands. All applicants for membership must, upon acceptance, relinquish their membership in any other Tribe or Band of Indians, whether such other Tribe or Band is recognized or non-recognized, and whether or not incorporated under the laws of the State of Vermont or any other State or Province. Failure to comply with this provision shall be cause for immediate summary termination of all membership rights in the NorthEastern Woodlands-Coos Band of the Abenaki
Nation Republic, and all other rights acquired because of such membership.
Section 5. Voting rights of members. Each enfranchised member of the
Band Tribe who has reached the age of 18 years shall be entitled to all of the rights and privileges afforded all other enfranchised members according to the provisions of these by-laws. Those who are 14 years of age - 18 shall organize a Council with one representative (non-voting) to the Council.
Section 6. Non-Indian member. A person who does not qualify as an Indian according to the criteria established in these by-laws but who is a parent, spouse; or a dependent stepchild, foster child, domestic partner, or other dependent relative of an enfranchised member shall be granted full membership privileges in the
Band Tribe and accepted as an American Indian, except they shall not be granted, any voting rights in any of the affairs of the Tribal Band. The Tribal Council Counicil of Elders shall exercise their Sovereign Rights to accept those non-Indians to Tribal membership as they see fit to do.
ARTICLE V - MEETING OF THE MEMBERSHIP (KCHIPODAWAZIMUK)
Section 1. Semi Annual + Annual meetings of the membership. The annual meeting of the membership for the ratification of members, adoption ceremonies, Chief raising ceremonies, socials and such other business and activities as may properly come before such said meetings shall be held on the
second third second weekend Sat./weekend in August June and the of each consecutive [Sat./weekend--Oct.] at a place and time to be specified in the warning of such meeting in coos territory [Approved 13 June '92] semi-annual meeting will be held in the spring June and Oct. of the year at a time to be designated by the Tribal Council Council of Elders, but a semi-annual meeting is not mandatory.
[Amended. Accepted Oct. 1989]
Section 2. Special meetings of the membership. or
The Tribal Council Council of Elders. Special meetings of the Tribal Council or membership may be called at any time by order of the Band High Chief or any Two Three Two chiefs, setting forth the date on which the special meeting shall be held, the time and place of the meeting, and the general nature of the business to be transacted at such meeting. These Special Meetings can be accomplished by Telephonic means to save time if the High Chief deems it necessary w/ computer + Fax also (adopted 13 June '92)
Section 3. Notice of meetings of the membership. A dully warned and constituted meeting shall require written notice stating the place, day and hour of the meeting, and in the case of a special meeting, the purpose or purposes for which the meeting is called, delivered not less than two weeks nor more than four weeks before the date of the meeting to each Clan Chief and at least one other member of each Clan by the Tribal
Band High Chief, or the person or persons calling such meeting. If such notice is mailed, it will be deemed to have been delivered if deposited in the United States mail, addressed to the person at his address as it appears on the records of the Tribal Band, with postage thereon prepaid.
Section 4. Place and time of meetings of the membership. Each meeting of the membership of the Tribe shall be held at a place and time specified in the notice thereof.
A written record of those called. At least 1 meeting per year to be held in Coos Territory. - Approved 8-0, 13 June 1992 HFK
Section 5. Quorum. The presence at any duly warned meeting of the membership constituting not less that
fifty thirty twenty ( 50) ( 30) (20) [the 3 was manipulated into being a 2] percent of the members of each Clan, in person or by proxy duly excuted in writing and carried by one or more members of the Clan, shall be necessary and sufficient to constitute a quorum for the transaction of business. [Amended and Approved Section 5. October. 1989 by Howard Knight Jr.]
Section 6. Voting. Each voting member present at a meeting shall be entitled to cast one vote for him/her self and one for each proxy carried to the meeting. All matters to be decided at a meeting of the membership shall be decided by consensus, except that a vote of
two- thirds three-quarters (3/4) of the voting members shall be necessary and sufficient to remove Tribal Officers who have been impeached pursuant to these by-laws. [Approved Section 6. June 1981 by Howard F. Knight Jr.]
Section 7. Voting by Proxy. Each member may vote through his/her Clan Chief or any other person by executing in writing a proxy giving the person who carries such proxy to the meeting the right to cast his/her vote on any and all business which shall come before such meeting. The Notary shall record each proxy, and shall note the number of votes each member is entitled to cast when recording the vote on all business transacted. [Section 7. Proxy Voting approved October 1984 by Howard F. Knight Jr.]
Section 8. Positive proof of membership must be presented at each and every meeting, viz. I.D. Card issued by the Tribal Authorities unless personally known to the High Chief and/or the Tribal Council. [Approved October 198
9 (1987) [Section 8. handwritten onto the document by Howard F. Knight, Jr.]
ARTICLE VI - TRIBAL COUNCIL (PODAWAZIMUK)
Section 1. Structure and organization.
The Tribal Council Council of Elders shall be composed of a
Band High Chief and an indefinite number of Clan Chiefs, a Notary, a Genealogist, Tribal Sheriff, and a Treasurer, and may contain additional advisory members who may serve without vote upon resolution of the Tribal Council.
Retired Chiefs have 1 vote - Approved Oct. 1987
Resigned Chiefs have no vote -Approved Oct. 1987
Section 2. Powers.
The activities, affairs, and property of the Tribal Band shall be managed, directed and controlled and it's powers vested in and exercised by the
Tribal Council Council of Elders.
[Done July 1983]
Section 3. Initial Tribal Council, Transition. The Tribal Council selected by the Incorporators shall continue in office as a transition Tribal Council and governing body until such time as three (3) Clans have been formed and their Clan Chiefs certified to the Tribal Council. When the third Clan Chief has been certified to the Tribal Council, the initial Tribal Council will be automatically vacated in their term of office, and the Tribal Council composed of the Band High Chief and the Clan Chiefs shall be fully empowered to manage, direct, control and exercise all the powers and responsibilities vested in the
Tribal Council. Council of Elders - 13 June '92 HFK
[1. Part #1 approved Oct. 1983 HFK 1.]1. Number and selection of Councillors.
December 2, 1979 1 March 1984, the Tribal Council shall consist of a Band High Chief and three four Tribal Council members who shall serve until the Clan Chiefs have been certified pursuant to Section 3. hereof. Tribal Council members shall be selected and shall hold office and shall have the several duties, powers, and authorities as hereinafter stated:
[2. Part #2 Amended Oct. 1989 to a 7 year term AND to be able to be re-elected only once. Then a new Tribal Chief.]
Band High Chief
Band High Chief (Kchisogmo) in office on December 2, 1979 1 Mar 1984 shall serve until his resignation, death, incapacitation, or impeachment and removal from office as provided in these by-laws. He shall be the chief executive offiver of the Band, and shall preside at all meetings of the Tribal Council and the membership. He shall have no powers or authority except those expressly pervided provided for by law or from time to time by resolution of the Tribal Council. The Band High Chief of the Band shall have one (1) vote on all matters which come before the Tribal Council. In the event of a vacancy of the office of Band said Chief, the office will be filled as a special meeting of the membership from among the eligible male members of Band Council of Elders. A vote of two thirds concensus of the members present in person or by proxy at such meet shall be necessary and sufficient to elect a Band New High Chief of the Band Tribe + upon resignation the outgoing Band High Chief will become automatically a member of Council.
[on the right side of the page it is written, "A High Chief shall cast the deciding vote in any votes of the Tribal Council that are tied...if ever it is necessary.]
In the event of incapacitation the
Band High Chief can designate his temporary replacement from the membership of the Tribal Council.
[If no eligible males, women allowed to be Clan Chiefs June 1987 Approved HFK]-->Clan Chiefs - Each Clan shall petition the Tribal Council for recognition on the form provided for this purpose and shall select one of it's members of the male sex who has reached the age of 18 years to serve as it's Clan Chief and representative on the Tribal Council. Each Clan Chief shall be entitled to cast one 910 vote on all matters which may legally and programed come before the Tribal Council. Each Clan Chief shall be selected from the among the eligible members of each Clan by the members thereof, and shall serve such term and
be selected and removed from office in such a manner as the Clan shall determine for selecting their representative. The
Tribal Council Council of Elders may not interfere in the determination of Clan Chiefs by the various Clans, but the Tribal Council may not seat a Clan Chief selected by a Clan if they do not meet the eligibility requirements prescribed by these by-laws. The number of Clan Chiefs on Tribal Council will be indefinite.
Genealogist - see yellow sheet.
[This section...as follows...approved May 1986]
The Notary (Nodawighigad) shall be selected by the permanent Tribal Council. The Notary shall record all minutes of all meetings of the Tribal Council and the membership, and shall keep faithful and accurate records of all business transacted in a Tribal Records book which shall be a permanent record of the tribe. He/she shall have no vote on any business transacted by the Tribal Council but may offer advise and information on any matter under discussion.
[Section Not Approved Oct. '85]-->Sheriff - see yellow sheet
[Not Approved Oct. 1986]
[Approved ... as follows ... May '86 w. Addition]
The Treasurer (Nojimoniad) shall be selected by the permanent Tribal Council, and shall serve such term as shall be the pleasure of the Tribal Council. The Treasurer shall
protest protect and preserve the corporate assets of the Band, and shall maintain accurate financial records of all transactions. He/She shall receive funds and make such disbursements as are authorized by the Tribal Council. He/She shall have no vote on any business transacted by the Tribal Council, but may offer advise and information on any matter under discussion. The Treasurer must counter-sign any and all funds dispersed from said funds of this Tribal Band, except those amounts under $25.00 The Tribal Council The Treasurer shall carry bond as the Tribal Council shall determin is necessary.
[Amended Oct. '89 to "those present" shall constitute Quorum if all were warned]
Section 5. Voting at meetings of the Tribal Council.
At all the meetings of the
Tribal Council Council of Elders, each Clan Chief present in person or by proxy and the Band High Chief shall have one (1) vote on any and all matters which may legally come before it. Any matter which involves the enfranchisement of members, the recognition of a Clan, or the seating of a Clan Chief shall be decided by a 2/3rds of the simple majority majority of the Tribal Council as present of the Tribal Council Quorum present. at said meeting. All other matters shall be decided by consensus, unless otherwise provided in these by-laws.
ARTICLE VII - LOSS OF MEMBERSHIP
Section 1. A person may voluntarily or involuntarily cease to be a member of the Band in the following manner:
A. Resignation. A person may resign his/her membership for any reason, and shall have the status of their membership remain in good standing. Such person shall be readmitted to membership without prejudice upon reapplication.
A. Death. A person who dies while a member in good standing shall leave the following estate: The widow(er) or domestic partner, or other dependant relative who was a non-voting member at the time of the death of the member, shall continue to have
all of the rights then in effect at the time of the member's death. The natural children of the deceased member shall remain on the Band list and shall become enfranchised members upon reaching the age of 18 years.
[8. Debated Tabled (503) June '92 ..."Westhawk + Rene lead the objecting"]
8. Dual membership.
A person who accepts membership in the NorthEastern Woodlands-Coos Band/Tribe Of the Abenaki Republic Nation, and does not relinquish his/her membership in another Band or Tribe of American Indians, or who joins another Band or Tribe of American Indians and does not resign his/her membership in the
Missisquoi Band another Band of the Abenaki Nation, shall
be terminated as a member by summary process after ten (10) days notice, (deposit of said notice in U.S.Mail) and shall lose all rights incidental to membership in the Eastern Woodlands-Coos Band of the Abenaki Nation. Any person who is a non-voting member of the Band by virtue of the membership of any such person herein described, shall also become ineligible for any rights and privileges incidental to such membership. The natural children of any such person shall remain on the Band list and they shall become eligible for Full membership upon reaching the age of 18 years.
ARTICLE VIII - IMPEACHMENT OF
TRIBAL COUNCIL of Elders MEMBERS
Section 1. The Band High Chief may be impeached by the unanimous vote of the Clan Chiefs then in office, and may be removed from office by a
two thirds (2/3) three quarters (3/4) vote of the membership of the Tribal Band, after he has been given at least 30 days notice of the impeachment charges, or has been an adequate public hearing on the charges, and has had a full and complete opportunity to present his defense, including the calling of witnesses, the procurement of councel, the right to challenge admissibility of evidence, and the right to challenge members of the hearing panel for cause. A CHief so impeached may be removed from office only by the affirmative vote of the members present in person or by proxy at a duly warned and constituted meeting of the membership in the amount of two-thirds (2/3) Three-quarters (3/4) of the members of the Band. A High Chief he may not serve again as High Chief except he has a 4/5ths vote in his favor in a Tribal Draft for the office. [Approved June 1987 HFK]
ARTICLE IX - AMENDMENT OF BY-LAWS
[This section to be amended Oct. '90]
Section 1. These by-laws may be amended only by the unanimous vote of the
Tribal Council of Elders and at least two-thirds (2/3) of the members present at any regular or special meeting, duly warned and constituted at which a quorum is present. For the purpose of amending the by-laws, persons much be present to vote, and no proxy votes shall be allowed. The Tribal Council of Elders shall be empowered, to adopt by resolution, policies and procedures not inconsistent with these by-laws, to facilitate the day to day management of the affairs of the Band Tribe. Such resolutions shall attach to and become a part of these by-laws. Any such resolution may be amended or repealed by the Tribal Council of Elders <--[This section tabled 13 June '92] at any regular or special meeting.
Oh, so much more documentation is to be presented....
Just wait until I get up to the "hysterical" Nulhegan documents.
But first, I have to go through several Incorporations documents