10/13/10

HANDBOOK- CONSTITUTION ARTICLE 1 form of government

Article I. Form of Government

1  The Form of government is a representative form of government

1.1  A simplified sketch of our government would look like this: 
There are three (3) recognized levels of government:  local government (also known a community), regional government (sometimes also known as state), and National Government. 
1.2   There are two distinct branches of government:  Political (sometimes also known as the Red) and Religious (which is also sometimes known as the white).  While distinct, these are NOT totally separate and historical notable Cherokee figures have been documented that they sometimes fulfilled roles that could be described as either or both of these, although generally not simultaneously.
1.3  The National Council is composed of Chiefs selected by the National Assembly to conduct business in the interim between National Assemblies.

2. DESCRIPTION OF THE THREE (3) recognized and active levels of government:

2.1 NATIONAL:
There will be a National Council of Chiefs.  These meet at least bi annually or as often as deemed necessary for the conducting of business.

2.2 There will be a National Assembly of delegates every seven years.
2.3  There will be a National Ambassador (aka Ugu) nominated from a joint session of the National Council of Chiefs and the State Chiefs and then ratified by ballot at the National Assembly.

4.  ASSEMBLIES

4.1  Regional (aka State) There will be a regional assembly of delegates annually.

4.2 Community (aka Local) There will be a monthly assembly of the community chapter members for ceremony and any necessary business.  There will also be an annual assembly of the community chapter members for the purpose of selecting officers and delegates.

5  PROPERTY OWNERSHIP
All property is to be held in ownership by the National organization.  No local or state organization may hold title or deed to any property and all owners of any property are to be named as the Constitutional Cherokee. 

5.1  The National Council and assemblies of the Constitutional Cherokee may not dispose of any property [i.e. land or structures] without the full approval of the local and or state chapter within which such property resides and such requests to sell, dispose of or transfer ownership of any property currently owned must be submitted to the local and state chapters in accord with local policies and procedures prior to any action regarding those properties.
5.2  The National Council and assemblies of the Constitutional Cherokee may not purchase any property without the full approval of the local and or state chapter within which such property resides.  Purchase decisions  must be submitted to the local and state chapters in accord with local policies and procedures prior to any action regarding those properties.

ADDITIONAL POWERS AND RESTRICTIONS

No laws passed by any level (community, regional, national) Council shall have retroactive effect or operation.

Members of the Council and all Executive Officers shall be bound by oath to support the Handbook and Constitution and Bylaws of the Constitutional Cherokee, the Constitution and do everything within the individual's power to promote the culture, heritage and traditions of the Constitutional Cherokee and to perform the duties of their respective offices with fidelity.
All elections shall be determined by secret balloting.
The Council at each level (Community, Regional and National) shall require that all of their records be maintained of all funds, monies, accounts and indebtedness and all other accounts bearing upon the fiscal interests of their chapter of the Constitutional Cherokee by the use of a uniform system of accounting which records and financial statements shall be audited by a Certified Public Accountant or certified auditing firm.

Nothing in this Constitution shall be construed to prohibit the right of any Cherokee to belong to a recognized clan or organization of the Constitutional Cherokee.

Elected officials may only hold/serve in one elected office at a time. No council member at any level shall be eligible to hold any other elective office at that or any other level in the Constitutional Cherokee during her tenure as a member of that Council.

ADDITONAL RESTRICTIONS:
All adults assisting or teaching anyone under the age of 21 years old will need to comply with a federal background test at their own expense, for working with children.  No adult shall ever be alone with children at any time and an assistant must always be present when working with youth.


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