Tribal Constitution
PREAMBLE
We the people of the Una Nation, a city and internationally recognized sovereign Native American Mixed-Blood Tribe, do hereby adopt this constitution in order to:
Promote the common good and well-being of the Tribe;
Protect and preserve our culture and traditions including our mixed histories, arts and crafts, and archeological sites;
Protect our land, water and natural resources;
Promote and protect the health and welfare of our people;
Encourage and promote educational opportunities for members of the Tribe;
Foster economic development;
Protect the individual rights of our members;
Acquire additional lands for the benefit of the Tribe;
Promote self-government and ensure the political integrity of the Tribe;
Preserve, secure and exercise all the inherent sovereign rights and powers of an Indian tribe.
ARTICLE I - TERRITORY AND JURISDICTION
Section 1. Territory
The territory of the Una Nation shall include, to the fullest extent possible consistent with federal law, all lands, water, property, airspace, surface rights, subsurface rights and other natural resources in which the Tribe now or in the future has any interest, which are owned now or in the future by the United States for the exclusive or non-exclusive benefit of the Tribe or for individual tribal members, or which are located within the boundaries of a reservation which may be established for the Tribe, notwithstanding the issuance of any right-of-way.
Section 2. Jurisdiction
Except as prohibited by federal law, the Una Nation shall have jurisdiction over all tribal members and over all persons, subjects, property and all activities occurring within its territory as defined by this Article. Nothing in this Article shall be construed to limit the ability of the Tribe to exercise its jurisdiction, based upon its inherent sovereignty as an Indian tribe.
ARTICLE II - ENROLLMENT
Section 1. Requirements
The enrollment of the Una Nation shall consist of all persons who are of mixed heritage with at least one (1) Native American ancestor.
Section 2. Adoption into Membership
The Tribal Senate shall have sole and exclusive discretionary authority to adopt other persons as members of the Tribe, provided, that at least four (4) members of the Tribal Senate vote in favor of the adoption and, provided, that all persons adopted into membership under this section shall meet a minimum of (1) of the following requirements:
(a) having one (1) Native American ancestor and one of another ethnicity/race;
(b) marriage to an enrolled member;
Section 3. Rights of Members
All persons accepted as members under Section 1, above, or adopted into membership under Section 2, above, shall have the same rights as tribal members in accordance with this constitution, provided, that the Tribal Senate may give preference to residents of the territory of the Tribe for available land, housing, benefits and services.
Section 4. Loss of Membership
(a) No person may relinquish their tribal enrollment.
Section 5. Reinstatement
Any person who has their enrollment revoked may be reinstated after a waiting period of five (5) years.
Section 6. Appeal
Any person whose application for enrollment or reinstatement is rejected or who has been disenrolled from the Tribe, shall have the right to appeal to the Tribal Court in accordance with the applicable enrollment ordinance.
Section 7. Enrollment Roll
The Tribal Senate shall not maintain an official enrollment roll.
Section 8. Enrollment Ordinance
The Tribal Senate shall enact an enrollment ordinance consistent with this constitution.
ARTICLE III - ORGANIZATION OF THE GOVERNMENT
The government of the Una Nation shall include a Tribal Senate, a Tribal Court System and a Traditional Monarchy.
The Tribal Senate shall operate in accordance with Articles IV and V.
The Tribal Court System shall operate in accordance with Article VI.
The Traditional Monarchy shall be superior to and shall not be limited by the Tribal Court or the Tribal Senate.
ARTICLE IV - THE TRIBAL SENATE
Section 1. The Tribal Senate
The governing body of the Una Nation shall be known as the Una Tribal Senate (UTS) which shall consist of at least five (5) members as listed in this Article. All Tribal Senate Members shall be enrolled members of the Tribe who are selected by the eligible voters of the Tribe in accordance with this constitution and the election ordinance.
Section 2. President and Vice President
The Tribal Senate shall include the positions of President and Vice President must be at least twenty-five (18) years of age.
Section 3. Terms of Office
The terms of office for all Tribal Senate Members including the President and Vice President shall be four (4) years. There shall be no limitations on serving consecutive terms on the Tribal Senate.
Section 4. Duties of the Officers
The duties of the President and Vice President shall be established by ordinance enacted by the Tribal Senate.
Section 5. Meetings of the Tribal Senate.
(a) The Tribal Senate shall hold a regular meeting once a month.
(b) The President or any three other members of the Tribal Senate may call special meetings of the Tribal Senate. Adequate notice of all special meetings shall be given to all members of the Tribal Senate.
(c) At each regular or special meeting of the Tribal Senate a person shall be appointed to take minutes of the meeting, and a copy of the minutes shall be preserved by the Tribal Administration.
(d) The President of the Senate shall be a hereditary position, which shall be possessed wholly by the Kien of the Una.
Section 6. Quorum.
Three (3) or more members of the Tribal Senate shall constitute a quorum for any regular or special Tribal Senate meeting. A quorum is required at all meetings in order to conduct official business of the Tribal Senate. Proxy voting shall be prohibited.
Section 7. Voting
The Tribal Senate shall make decisions by a majority vote of those present except as otherwise provided in this constitution or in an ordinance which requires more than a majority vote.
All Tribal Senate Members, including the President and Vice President, shall have the power to vote.
ARTICLE V - POWERS OF THE TRIBAL SENATE
The Tribal Senate shall have all powers vested in the Tribe through its inherent sovereignty or law. It shall execute these powers in accordance with the established customs of the Tribe and subject to the express limitations contained in this constitution or other applicable laws. These powers include but are not limited to the following:
(a) To represent the Tribe and act in all matters that concern the welfare of the Tribe, and to make decisions not inconsistent with or contrary to this constitution;
(b) To negotiate and enter into contracts with the federal, state, local and tribal governments, and with individuals, associations, corporations, enterprises or organizations;
(c) To purchase or accept any land or property for the Tribe;
(d) To enact laws regulating the use, disposition and inheritance of all property within the territory of the Tribe;
(e) To prevent or veto the sale, disposition, lease or encumbrance of tribal lands, interests in land, tribal funds or other tribal assets;
(f) To employ legal counsel in accordance with applicable federal laws;
(g) To enact laws regulating the domestic relations of persons within the jurisdiction of the Tribe;
(h) To enact a law and order code governing the conduct of persons within the jurisdiction of the Tribe in accordance with applicable laws;
(i) To provide for the removal or exclusion of any non-member of the Tribe whose presence may be injurious to members of the Tribe, and to prescribe conditions upon which non-members may remain within the territory of the Tribe;
(j) To levy and collect taxes, duties, fees and assessments;
(k) To appropriate and regulate the use of tribal funds in accordance with an annual budget
approved by the Tribal Senate;
(l) To regulate all business activities within the jurisdiction of the Tribe, and to manage all tribal economic affairs and enterprises;
(m) To regulate all matters and to take all actions necessary to preserve and safeguard the health, safety, welfare and political integrity of the Tribe;
(n) To appoint subordinate committees, commissions, boards, tribal officers and employees, and to set their compensation, tenure and duties;
(o) To enact laws, ordinances and resolutions necessary or incidental to the exercise of its
legislative powers;
(p) To take any and all actions necessary and proper for the exercise of the foregoing powers and duties, including those powers and duties not enumerated above, and for all other powers and duties now or hereafter delegated to the Tribal Senate, or vested in the Tribe by federal law or through its inherent sovereignty.
ARTICLE VI - TRADITIONAL LEADER
The government of the Una Nation shall be headed by a singular person, known as the Kien of the Una. The position Kien of the Una shall be hereditary among the descendants of Kien Alexander Ziwahatan.
ARTICLE VII- THE TRIBAL COURT SYSTEM
Section 1. Establishment
The judicial power of the Una Nation shall be vested in the Tribal Court System. The Tribal Court System shall include a Tribal Court and such other lower courts of special jurisdiction, including forums for traditional dispute resolution, as the Tribal Senate may establish by ordinance.
Section 2. Jurisdiction
The judicial power of the courts shall extend to all cases and controversies within the jurisdiction of the Tribe, in law or equity, arising under this constitution, the laws or customs of the Tribe, or which are vested in the tribal courts by federal law or by virtue of the Tribe's inherent sovereignty.
Any case or controversy arising within the jurisdiction of the Tribe shall be filed in the Tribal Court or other appropriate forum established by the Tribal Senate before it is filed in any other court.
Section 3. Position of Supreme Court Justice
The position of Justice of the Una Supreme Court (USC) shall be wholly vested with the Kien of the Una.
Section 5. Compensation
The Justice shall receive for their services reasonable compensation that shall not be diminished during their term of office.
Section 6. Court Rules
The duties and procedures of the Tribal Court System, and all other court matters not addressed in this article of the constitution, shall be established by the Tribal Senate by ordinance. The ordinance may also include a Judicial Code of Ethics governing the conduct of tribal judges.
ARTICLE VIII - THE TRIBAL ADMINISTRATION
The Tribal Administration shall consist of the President and Vice President of the Tribal Senate, and other persons as deemed necessary by the Tribal Senate.
The Tribal Administration shall oversee the administration of the tribe's business and shall supervise the day to day operations of the Tribe.
The Tribal Administration shall be subordinate to the Tribal Senate.
ARTICLE IX- ELECTIONS
Section 1. General Elections
General elections to vote for Tribal Senate Members shall be held in odd numbered years on the first Tuesday of March beginning in 2024.
Section 2. Special Elections
Special elections shall be held when called for by the Tribal Senate, by this constitution, or by the voters, as provided for in this constitution or appropriate ordinances.
Section 3. The First Election
The first election of Tribal Senate Members under this constitution shall be held on the first Saturday of March 2024. The incumbent President and Vice President of the Tribal Senate as of the date of the adoption of this constitution shall remain in office until the general election. The first election shall be held in accordance with all other applicable provisions of this constitution and applicable ordinances.
Section 5. Nominations
If a person wishes to be nominated for a Council position, they may submit their name to the Council.
Section 6. Qualifications for Tribal Senate
Persons nominated to run for Tribal Senate seats must be enrolled tribal members who meet the age requirements set forth in Article IV on or before the date of the election.
Section 7. Eligible Voters
All tribal members who are eighteen (18) years or older.
Section 8. Ballots
All voting at regular and special elections shall be done by secret electronic ballot.
Section 9. Election Results
The Election Board shall certify the results of an election within three (3) days after the election day. The candidate receiving the highest number of votes for each available seat shall be declared the winner.
Section 10. Tie Votes
Tie votes between two or more candidates shall be decided in a special runoff election. All eligible voters shall be entitled to vote in any runoff election. If a runoff election ends in another tie, the outcome shall be decided by the drawing of straws by the candidates tied for that office. The Election Board shall certify the results of any runoff election within three (3) days after the runoff election day.
Section 11. Challenges
Any tribal member may challenge the results of any election by presenting his or her challenge to the Tribal Court within five (5) days after the election results are certified.
The Tribal Court shall decide all election challenges within ten (10) days from the date the challenge is filed. Any appeals shall be filed with the Court of Appeals within five (5) days of the issuance of the Tribal Court decision, and the Court of Appeals shall decide the appeal within ten (10) days. If the Tribal Court or Court of Appeals invalidates the election results, a new election shall be held within sixty (60) days.
Section 12. Oath of Office
The oath of office for each newly elected Tribal Senate Member shall be administered by the Kien of the Una within thirty (30) days after the declaration of the winner of a seat, unless a challenge is filed and in that case within thirty (30) days after a final decision by the Tribal Court or Court of Appeals. If a challenge is filed but it does not relate to all of the elected seats, the oath of office shall be administered to the newly elected Tribal Senate Members whose seats have not been challenged within thirty (30) days after the election.
Each incumbent Tribal Senate Member shall remain in office until the oath of office is administered to the newly elected Tribal Senate Member for his or her seat. Upon expiration of the incumbent's term of office, he or she shall transfer all tribal records within his or her control to the newly elected Tribal Senate Member.
Section 13. Election Ordinance
The Tribal Senate shall enact an election ordinance consistent with this constitution which covers all necessary procedures for all elections.
ARTICLE X- REMOVAL, RECALL AND VACANCY
Section 1. Removal
(a) The Tribal Senate shall remove a Council Member for:
(1) Final conviction of a felony by any tribal, federal or state court while serving on the Tribal Senate.
(A) The Tribal Senate may suspend a Council Member charged with a felony pending the
outcome of the trial and any appeals.
(b) The Tribal Senate may discipline or remove a Council Member, by a vote of at least five (5) members of the Tribal Senate, for:
(1) Converting tribal property or monies for personal use;
(2) Failing to attend four (4) regular or special meetings consecutively without good cause;
(3) Final conviction of three misdemeanors by any tribal, federal or state court while serving on
the Tribal Senate; or
(4) Violation of the Code of Ethics.
(c) In all proceedings under Section 1(a) or 1(b) above, the Tribal Senate Member in question shall be afforded full due process rights including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense. The decision of the Tribal Senate shall be final and shall be appealable to the Tribal Court only if a claim is made that the tribal constitution has been violated or due process rights not afforded. A Council Member removed from office must wait at least five (5) years from the official date of removal to run for office again.
(d) The Kien of the Una may not be removed or recalled.
Section 2. Recall
(a) Any adult tribal member may initiate recall proceedings against any Tribal Senate Member by filing a written request with the Election Board, Provided, That a recall proceeding may not be initiated against any Tribal Senate Member whose term expires within six (6) months.
(b) After receipt of the written request, the Election Board shall issue official petition forms to the tribal member who initiated the recall. The tribal member shall have sixty (60) days to collect the signatures from thirty percent (30%) of the eligible voters of the Tribe.
(c) Individual petitions shall be circulated for each Tribal Senate Member who is subject to recall. A maximum of three (3) Tribal Senate Members may be recalled at a time.
(d) A majority vote by secret written ballot of the eligible voters attending the recall meeting shall determine the success or failure of the recall petition(s), Provided, that at least thirty (30%) of the eligible voters vote at the recall meeting.
(e) The recall meeting shall be held in accordance with the provisions of an election ordinance which shall include a section on recall procedures.
Section 3. Vacancies
(a) If a Tribal Senate Member should die, resign, or be removed or recalled from office, the
Tribal Senate shall declare the position vacant. The Tribal Senate shall fill a vacancy by special election unless less than six (6) months remain in the term, in which case the Tribal Senate shall leave the position vacant. The person who fills a vacant position shall only serve out the term of the person whom he or she is replacing.
(b) All resignations from the Tribal Senate shall be done in writing.
ARTICLE XI - LAND
The Tribal Senate shall have the authority to establish land policies, adopt a land use ordinance and to otherwise regulate land within the territory of the Tribe in accordance with applicable law.
ARTICLE XII - INITIATIVE AND REFERENDUM
Section 1. Initiative
The Tribal Senate shall submit any proposed ordinance or resolution, except those regarding land, housing or the adoption of tribal members under Article II, Section 2, to popular initiative upon petition of at least thirty percent (30%) of the eligible voters of the Tribe, or upon the request of the majority of the members of the Tribal Senate.
The initiative election shall be held within sixty (60) days after receipt of the qualifying number of petition signatures or the Tribal Senate request.
The vote of the majority of the eligible voters in such initiative shall decide whether the proposed ordinance or resolution shall thereafter be in effect, provided, that at least thirty percent (30%) of the eligible voters shall vote in such initiative.
Section 2. Referendum
The Tribal Senate shall submit any enacted ordinance, resolution or other official action of the Tribal Senate, except those regarding land, housing or the adoption of tribal members under Article II, Section 2, to popular referendum upon petition of at least thirty percent (30%) of the eligible voters of the Tribe or upon the request of the majority of the members of the Tribal Senate.
The referendum election shall be held within sixty (60) days after the receipt of the qualifying number of petition signatures or the Tribal Senate request.
The vote of the majority of the eligible voters in such referendum shall decide whether the enacted ordinance, resolution or other official action shall thereafter be in effect, provided, that at least thirty percent (30%) of the eligible voters shall vote in such referendum.
ARTICLE XIII - ORDINANCES AND RESOLUTIONS
Section 1. Resolutions
All final decisions on matters of temporary interest where a formal expression is needed shall be embodied in a resolution, noted in the minutes, and shall be available for inspection by members of the Tribe during normal business hours.
Section 2. Ordinances
All final decisions on matters of permanent interest shall be embodied in ordinances. Such enactments shall be available for inspection by members of the Tribe during normal business hours.
ARTICLE XIV- SOVEREIGN IMMUNITY
The Una Nation shall be immune from suit except to the extent that the Tribal Senate expressly waives the Tribe's sovereign immunity, or as provided by this constitution.
ARTICLE XV- BILL OF RIGHTS
The Una Nation, in exercising its powers of self-government shall not:
(a) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for redress of grievances;
(b) violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and person or thing to be seized;
(c) subject any person for the same offense to be twice put in jeopardy;
(d) compel any person in any criminal case to be a witness against himself;
(e) take any private property for a public use without just compensation;
(f) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense and to have these rights explained at the time of arrest;
(g) require excessive bail, impose excessive fines, or inflict cruel and unusual punishments;
(h) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
(i) pass any bill of attainder or ex post facto law; or
(j) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
ARTICLE XVI - GENERAL MEETINGS
The Tribal Senate shall call at least one (1) general meeting per year of all the eligible voters of the Tribe to identify and discuss important tribal matters.
ARTICLE XVII - AMENDMENTS
This constitution may be amended by a majority vote of the qualified voters of the Tribe voting at an election called for that purpose by the Secretary of the Interior, provided, that at least thirty percent (30%) of those entitled to vote shall vote in such election; but no amendment shall become effective until approved by the Secretary of the Interior or until deemed approved by the Secretary by operation of law.
It shall be the duty of the Secretary of the Interior to call and hold an election on any proposed amendment at the request of the Tribal Senate, or upon presentation of a petition signed by at least thirty percent (30%) of the qualified voters of the Tribe.
ARTICLE XVIII - SAVINGS CLAUSE
All enactments of the Tribe adopted before the effective date of this constitution shall continue in full force and effect to the extent that they are consistent with this constitution.
ARTICLE XIX- ADOPTION OF CONSTITUTION
This constitution, when adopted by a majority vote of the registered voters of the Una Nation, voting at a special election authorized by the Secretary of the Interior in which at least thirty percent (30%) of those registered in accordance with Secretarial regulations to vote shall vote, shall be submitted to the Secretary of the Interior for his approval, and, if approved by the Secretary of the Interior or by operation of law, shall be effective from the date of such approval.