ARTICLE IV – DUTIES OF OFFICERS

SECTION 1. The Chairperson of the Amah Tribal Band Ohlone/Costanoan Indians Council shall preside over all meetings of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council and shall be an Ex Officio members of any of its committees, perform all duties of the Chairperson, and exercise any authority delegated to the position, including but not limited to the execution of any contracts, leases or other documents approved by the Tribal Council. The Chairperson shall have general supervisorial authority over all other officers, employees, agents and committees of the tribe and assure that their duties are properly performed. The Chairperson shall be the tribe’s official representative and agent when the Tribal Council is not in session.

SECTION 2. The Vice-Chairperson shall assist the Chairperson when called on to do so, and in the absence of the Chairperson shall preside, and when so presiding shall have the privileges, duties, and responsibilities of the Chairperson.

SECTION 3. As Amah Tribal Band Ohlone/Costanoan Indians Tribal Council Secretary, the Secretary shall forward a copy of the minutes of all meetings, and of any newly adopted resolutions and ordinances, to the superintendent in charge of the Central California Agency in a timely manner. As Treasurer of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council, the duties of the Treasurer shall be as follows: The Treasurer shall accept, receive, receipt for, preserve, and safeguard all funds in Treasurer’s custody of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council, whether same be tribal funds or specialfunds for which the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council is acting as trustee or custodian. The Treasurer shall deposit all such funds in such bank or elsewhere, which shall be a bank selected by the Tribal Council where depositors’ funds are insured by the Federal Deposit Insurance Corporation, as directed by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council, and Treasurer shall report all receipts and expenditures and accounts and the nature of all funds in possession, or custody, at each meeting, to the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council in writing, or at any time the Treasurer is requested to do so by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council. All records shall be available for inspection by any member of the Amah Tribal Band Ohlone/Costanoan Indians and by authorized representatives of the Bureau of Indian Affairs. All disbursements shall be made by check in accordance with resolutions of the Tribal Council, and shall be co-signed by the Chairperson or Vice-Chairperson in the absence of the Chairperson. The Secretary-Treasurer shall file a bond satisfactory to the Tribal Council when it is of the opinion that sufficient funds have accumulated in the Tribal Treasury. The Tribal Council shall authorize payment of the annual bond premium from the Tribal Council funds.

ARTICLE V SEATING OF COUNCIL MEMBERS

SECTION 1. Those persons selected to serve on the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council shall be installed at the first regular meeting of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council following their election.

SECTION 2. Each member of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council and each officer or subordinate officer, elected or appointed hereunder, shall take an oath of office prior to assuming the duties thereof, by which oath he shall pledge himself to support and defend the Constitution of the United States of America and the Constitution and Bylaws of the Amah Tribal Band Ohlone/Costanoan Indians.

ARTICLE X –^.ORDINANCES AND RESOLUTIONS

SECTION 1. All final decisions of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council on matters of general and permanent interest to the members of the tribe shall be embodied in ordinances.

SECTION 2. All final decisions of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council on matters of temporary interest or relating especially to particular individuals or officials shall be embodied in resolutions. All Amah Tribal Band Ohlone/Costanoan Indians Tribal Council legislation, minutes of Amah Tribal Band Ohlone/Costanoan Indians Tribal Council meetings, and tribal financial records shall be open to inspection by any member of the Amah Tribal Band Ohlone/Costanoan Indians at such times as found convenient to the Council.

SECTION 3. All questions of procedure (such as acceptance of committee reports or invitations to outsiders to speak) shall be decided by action of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council or by the ruling of the Chairperson if no objection is heard. In all ordinances, resolutions, or motions, the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council 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.

SECTION 4. Every resolution shall begin with “BE IT RESOLVED BY THE AMAH TRIBAL BAND OHLONE/COSTANOAN INDIANS TRIBAL COUNCIL”.

SECTION 5. Every ordinance or resolution shall contain the authority (statue, tribal constitution, etc.) for the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council’s legislative action.

ARTICLE XI – NOMINATION AND ELECTIONS

SECTION 1. The first general election of all council members under this constitution shall be held within sixty (60) days from the date of the constitution’s approval. The election shall be conducted under the direction of the Election Board appointed by existing Amah Tribal Band Ohlone/Costanoan Indians Tribal Council and in accordance with ordinances prescribed by the tribe effective on the date of ratification of this constitution as needed in addition to the following:

(A)              The candidate receiving the highest number of votes for the respective offices shall
be declared elected. Newly elected officers shall resume their respective offices and duties immediately upon being elected. In case of a tie vote, it shall be the Chairperson’s responsibility to cast the tie breaking vote.

(B)              All elections of officers shall be conducted by the Election Committee. Voting will
either be by secret ballot, or showing of hands and the counting of absentee ballots. Voting procedure will be designated by the Election Committee for a all elections with the name of each candidate and the offices he/she seeks.

(C)              Absentee ballots shall be furnished upon request to members who will be unable to attend any regular election meeting, or the subsequent election meeting following the biennial election, in ample time for the ballots to be returned and included in the tally of ballots cast at the election meeting.

The regular election for filling that particular office. Ten (10) days notice of this special election shall be given to all council members.

SECTION 2.   Should any of the following circumstances occur involving a Tribal member, the remaining members of the Tribal Council may be resolution remove such person from office:

(A)              Failure to satisfy the requirements for holding office pursuant to Article III, Section 1

(B)              Absence from three (3) successive Tribal Council meetings without good reason.

(C)              Gross misconduct in office, neglect of duty or conviction of a felony after his or her election.

(D)              Becoming physically or mentally incapable of performing his or her duties.

SECTION 3. Not more than ten (10) days after a vote of two-thirds (2/3) of the Tribal Council to remove from office of an elected officials for improper conduct or gross neglect of duty, or after receipt of a petition based on similar grounds requesting the removal from office of an elected official, which petition shall set forth the specific reasons for which removal is sought and shall be signed by not less than fifty-one percent (51%) of the duly qualified voters. The Chairperson shall call a general council meeting to hear the charges against the official. The Chairperson shall at the same time notify the official in writing of the charges against-him or her, and of the date, time and place of the general council meeting at which time he or she may appear and answer those charges. After the official has had full opportunity to be heard by the Tribal Council, the Tribal Council, by secret ballot, shall vote on the question of the official’s removal. At least fifty-one percent (51%) of the Tribal Council must vote for removal in order for the officer to be removed, and the officer in question shall not be eligible to vote on the question of removal. Such Tribal Council meeting shall be held within thirty (30) days of the date that a valid petition for removal action is filed with the Tribal Council.

ARTICLE XIII – POWERS AND DUTIES OF THE AMAH TRIBAL BAND
OHLONE/COSTANOAN INDIANS TRIBAL COUNCIL

SECTION 1. Enumerated Powers – The Amah Tribal Band Ohlone/Costanoan Indians Tribal Council shall exercise the following powers, subject only to any mandatory limitations imposed by the statutes or the Constitution of the United States of America:

(A)              To consult and negotiate with the Federal, State, and local governments, and to contract and execute contracts and agreements with these and other associations, corporations, or individuals on behalf of the tribe.

(B)              To employ legal counsel.

(C)              To approve or veto any sale, disposition, lease or encumbrances of tribal lands, interest in lands, or other tribal assets.

(D)              To consult with the Secretary of the Interior with regard to all appropriation
estimates or federal projects for the benefit of the Amah Tribal Band Ohlone/Costanoan Indians prior to the submission of such estimates to the Office of Management and Budget and the Bureau of the Budget and to Congress.

payment or in exchange for standard assignment covering the same or other land, as hereinafter provided.

SECTION 2. The unallotted lands of the Amah Tribal Band Ohlone/Costanoan Indians and lands which may hereafter be acquired by the Amah Tribal Band Ohlone/Costanoan Indians or by the United States of America in trust for the Amah Tribal Band Ohlone/Costanoan Indians shall be held as tribal lands. Tribal lands shall not be allotted to individual Indians but may be assigned to members of the Amah Tribal Band Ohlone/Costanoan Indians, or leased, exchanged for other lands of equal value, or otherwise used by the tribe, as hereinafter provided.

SECTION 3. Tribal lands may be leased by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council for such periods of time as allowed by law. The following provisions shall govern:

(A)             In the leasing of tribal lands, preference shall be given first to Indians cooperative associations, and secondly, to individual Indians who are members of the Amah Tribal Band Ohlone/Costanoan Indians.

(B)              At the discretion of the Tribal Council, non-members enjoying tenure on Amah Tribal Band Ohlone/Costanoan Indians tribal lands on the date of approval of this constitution may be given the opportunity to lease the land they presently occupy and use, in accordance with the regulations established by the Secretary of the Interior, provided, that these provisions shall not affect existing approved leased contracts; and provided further, that they are not individuals who, voluntarily or for cause, ever have been removed from the tribal roll of the Amah Tribal Band Ohlone/Costanoan Indians or of its predecessors, unless they voluntarily have reestablished tribal membership. Persons in this category who do not choose to lease the tribal land will be given one­hundred-twenty (120) days from the date of written notification by certified letter by the Amah­Tribal Band Ohlone/Costanoan Indians Tribal Council to remove all improvements other than real property. At the end of the one-hundred-twenty (120) day period any improvements not removed will become tribal property.

(C)              Lease of tribal land to non-members shall be made by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council unless it shall appear that no Indian cooperative association or individual member of the tribe is able and willing to use the land and to pay a reasonable fee for such use.

(D)             Grazing or agricultural permits covering tribal land may be issued by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council With the approval of the Secretary of the Interior, in accordance with the Secretary’s rules and regulations.

SECTION 4. In any assignment of tribal lands preference shall be given first to members of the tribe who are heads of families and are entirely landless, and, secondly, to heads of families who have received assignments consisting of less than an economic or usable unit. Assignment made under this section shall be for the primary purpose of establishing homes for landless Amah Tribal Band Ohlone/Costanoan Indians, and shall be known as standard assignments.

SECTION 5. If any members of the tribe holding a standard assignment of land shall, for a period of one (1) year, fail to use the land so assigned, assignment may be cancelled by the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council 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 an Indian holding a standard assignment, his heirs or other individuals designated by him, by will or by written request, shall have preference in the reassignment of the land, provided such persons are members of the Amah Tribal Band Ohlone/Costanoan Indians who would be eligible to receive a standard assignment, except that where the heirs include minors who are eligible for membership in the Amah Tribal Band Ohlone/Costanoan Indians, a surviving twenty-five percent (25%) of the eligible voters of the Amah Tribal Band Ohlone/Costanoan Indians, or upon a resolution supporting such election by two-thirds (2/3) of the Amah Tribal Band Ohlone/Costanoan Indians Tribal Council.

ARTICLE XVII – BILL OF RIGHTS

All members of the Amah Tribal Band Ohlone/Costanoan Indians shall have equal rights equal protection, and equal opportunity to participate in the economic resources, tribal assets, and activities of the Amah Tribal Band Ohlone/Costanoan Indians. No member of the Amah Tribal Band Ohlone/Costanoan Indians shall be denied any of the constitutional rights or guarantees enjoyed by other citizens of the United States of America, as provided in the Indian Civil Rights Act of 1968, including but not limited to freedom of religion, speech, and conscience; and the right to orderly association or assembly; the right to petition for the action of the redress of grievances and due process of law.

ARTICLE XVIII – ADOPTION

This constitution and bylaws shall be in full force and effect whenever a majority of the adult voters of the Amah Tribal Band Ohlone/Costanoan Indians voting in 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 Interior shall have approved the same, as provided in the Act of June 18, 1934, as amended by the Act of June 15, 1935.