10/13/10

HANDBOOK PART 3 Official Membership Application and SPECIAL RULES COVENANT OF CONDUCT

 Covenant of Conduct Of Cherokees
ALL MEMBERS:
Whereas:  Our culture is inseparable from our beliefs and ceremonies.
Therefore:
Attendance of Gatiyo at least once a year is mandatory. 

Participation in the songs, dances and ceremonies is strongly suggested unless one is ill or infirm. Exceptions to attendance or participation may only be granted by the local council for the disabled and elderly.
Whereas, we as a people are only strong through our faith as we follow our Creator as Cherokees, and community involvement is essential to the development of our faith,
Therefore,
Regular, monthly attendance of Community Prayer Circles and Potlucks is mandatory. 

Participation is strongly suggested unless one is ill or infirm.  Exceptions to attendance or participation may only be granted by the local council for the disabled and elderly.

All members are to refrain from the recreational use of tobacco and to refrain from the recreational use of herbs, pharmaceuticals and medicines.  We follow the teachings of the prophet Yonaguska.  Our members shall not consume alcoholic beverages at any time.  Those who engage in these are to be confronted by the members of their local community and reprimanded.  If they continue to participate in their consumption the local council may impose a fine.  Subsequent violations or if the usage is determined to be egregious may be valid grounds for the member to be expelled from membership.
Our purpose however is to be restorative and reformed members may be reinstated after 1 year probation and review by their local community council which must give unanimous endorsement and their decision must be ratified by the next convening state council or assembly by at least a 2/3 majority vote.

All members are to remain active participants in the southeastern style Cherokee culture. 

They are to attend monthly prayer circles and or potlucks, to attend and support community Gatiyo (stomp) and they are to celebrate the festivals of our people.  All members are encouraged to use Cherokee as their language whenever possible even if it is only through the use of a few words.
Failure to participate in the culture may be determined by the local community to be valid grounds for the member to be expelled from membership.  Once a local council has made this determination, this must be ratified by the state council who will also determine whether such a removal from membership is to be permanent or until the person can be rehabilitated.
Additionally, our members must participate in Gatiyo or stomp and will not participate in Pow Wows except when outside of the homeland as a gesture of friendship. Pow Wows will not be sponsored within the historic homeland of the Cherokee at any time or by any member of the Constitutional Cherokee but when one is travelling outside of our boundaries it is permissible for our members to participate in one as a gesture of goodwill.  This is not a statement against the Pow Wow but we are endeavoring to restore our culture to our homeland, not the cultural identity of any other group and Pow Wow is not a historic part of our pre contact identity.  This restriction does not prohibit our members from participating in Pow Wow when outside of the boundaries of our historic homeland but only while within the boundaries of our historic homeland.

MEMBERSHIP APPLICATION


CURRENTLY APPROVED MEMBERSHIP APPLICATION
* to be reviewed at the next convened national assembly and thereafter  at the national assembly every 7 years.

MEMBERSHIP APPLICATION

NOTE:  

ALL membership application AND approval BEGINS at the local or community Chapter level.   The community chapter provides the activities that one must participate in so that the applicant may become eligible to apply and the community chapter also verifies the applicants documentation of a lineage connecting to a historical Cherokee personage and makes a recommendation to the state chapter and subsequently, to the national council.  All records will be submitted to the state chapter and will be audited for verification of facts and identity.


SCAN all documents-- and share them with the local community. 
Once they have been approved by the community chapter, email them to constitutional.cherokee(at)gmail.com 

SAVE THE ORIGINALS in your own records.

You will be contacted sometime within a year or less as it is reviewed.

CONSTITUTIONAL CHEROKEE BEFORE YOU SEND THIS:

Make sure it is complete. It should include everything stated (BELOW) email scanned copy (keep original application till it is requested) to the state chapter record keeper (secretary) It should definitely also include:

1. a link by link generational account from yourself back to the person who is listed on a Cherokee Roll or Historical Document (i.e. Family tree) each generation should be documented by the elements listed (see below) in the membership application instructions. Ancestry must be documented and must be verified by an independent CAILS Genealogist, (that is, the genealogist certifying the documents must be themselves a Certified American Indian Lineage Specialist Genealogist.)

2. The name of your Cherokee ancestor and proof that they were Cherokee. Include information about the roll or historical document your ancestor is found on-- a photo copy of the original source and a notation of where it reposes is important to verification of the facts so include that as well.

3. Notarized statement that shows that you have been participating in the Cherokee Culture on a regular and on going basis (see below).

4. Notarized letter from genealogist who has reviewed your records and attests that there is a provable, documented, legitimate link from you to the Cherokee ancestor.  Ancestry must be documented and must be verified by an independent CAILS Genealogist, (that is, the genealogist certifying the documents must be themselves a Certified American Indian Lineage Specialist Genealogist.)

5. All proofs of birth and existences photocopied and accompanying the application.

6. Letter affirming that you are not currently a member of any other tribe, band, nation or organized group of American Indians.

NOTE:  See FORMS section of the HANDBOOK of the CONSTITUTIONAL CHEROKEE for what must be signed by the Community Council BEFORE submitting the membership application.

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Notice: The burden of proof is the responsibility of the applicant.

Each applicant has the responsibility of proving they are eligible for membership using any acceptable documentation available to them. All applications must be presented in entirety- no application will be considered that is submitted with incomplete information. All applications and their content become the sole property of the Constitutional Cherokee whether the applicant is accepted or not.
No items submitted will be returned to the applicant at any time or for any reason.

A Complete Enrollment Application must contain the following: --County Certified Birth Certificate for the applicant (State Certified Birth Certificates will only be accepted when the county does not issue birth records) to verity parentage and actual name f the applicant.

 --Photo copy of Social Security Card of the applicant that will be used to verify actual name of the applicant.  These are simply to verify identity and will be kept securely.  They will not be made public nor shared with any other entity or individual other than those required to validate the persons identity.

 --Two photo id’s to further validate the individuals identity.

Photo ID is the same as what many instutions now require to prove identity and may include Photo copy of a current and valid driver's license or state ID of the applicant, military ID and other valid documents which will be used to verify actual identity of the applicant. These two will be secured and not shared outside of the Constitutional Cherokee.

--Letter  stating willingness to provide Completed Federal tax documents for the applicant IF subsequently requested by the national  membership committee (This is solely to meet IRS requlations requiring us to issue 1099's and other financial records to the IRS)

--Letter stating that the applicant is not currently enrolled in any other tribe or nation.

--If the applicant is NOT older than 18 years of age, the application must also include notarized and signed parental consent plus a Letter signed by 2 witnesses (not related by blood or marriage to the applicant) and notarized stating that the applicant has attended at least one prayer circle or potluck per month for the last 12 consecutive months and has attended at least two stomp ceremonies in the past year and at least one other cultural activity (not a pow wow) within the last year (editors note:  the Southeastern festival in Cherokee, NC in Sept. each year is an example of an acceptable event to attend.)
This letter must include the date of every attended function, and each date initialed by the signers.

--NOTE:  The Final Signature page of the application must be signed and notarized.

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For ALL applicants over the age of 18 years or others for whom no parental consent is required: In addition to this application, you will also present a notarized statement signed by at least 2 other witnesses over the age of 21 who attest that you have attended at least 1 Gatiyo or stomp in the past year, and a statement signed and notarized by a witness over the age of 21 that you have met with them at least 1 time per month for either a prayer circle or a potluck.
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(Applications will be presented to the Enrollment Committee without a copy of the Social Security Card, however, and Enrollment Card will not be issued until the Social Security Card is submitted to the Enrollment Office)

-- also be sure to include A family lineage chart of a direct link to a historical Cherokee with each page numbered.

This chart should be accompanied by supporting documentation including a birth certificate, death certificate, marriage license or other documentation that lists the familial connection to each generation of the applicants lineage to a Cherokee Ancestor [for documentation of ancestors prior to the state of residences first issuance of Birth Certificates an official copy of the microfilm of either a death or birth or census record may be acceptable, or a copy of a family bible record if the original family bible has been given to the Constitutional Cherokee Archives;
however none of those records may be used for evidence for dates or persons born after 1950]
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The lineage chart must be accompanied by a statement by a recognized and reputable genealogist attesting to its authenticity. This genealogists signature must be notarized and accompanied by contact information should we need to verify anything with them.

+++[this is an important document that some have forgotten to include. be sure to include it!] [recommended but not required: Whenever possible, the genealogical chart should also list both maternal and paternal lineage to three generations back from the applicant [e.g. parents, grandparents, and great grand parents] even on the lines that are not connected to a Cherokee ancestor so that if other information comes to light, it can easily be added.]

Your documented family tree to the The link to a Cherokee need not go further than the the documented Cherokee ancestor but must not skip any generations between that ancestor and the applicant and you only need to submit one documented, verifiable link to one Cherokee ancestor to be eligible for membership.
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THIS STATEMENT MUST ACCOMPANY ALL DOCUMENTATION AS THE FINAL PAGE SUBMITTED:

“I am aware that in executing the foregoing application and making the statements therein set forth and attached thereto, that I am subject to the provision of the Constitutional Cherokee Code, providing that any person who is dis enrolled by the Constitutional Cherokees based on false or misleading representations they make in the enrollment application process shall be liable for repayment of all funds received from the Constitutional Cherokees. I am also aware that in executing the foregoing application and making the statements therein set forth and attached thereto, that I am subject to the provisions of Section 1001, Title 18, U.S.C., providing in effect that any person or persons in connection with any matter within the jurisdiction or any department or agency of the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representation, or makes or uses any false writing or documentation, knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000.00 or imprisoned not more than five years, or both. hereby authorize the Constitutional Cherokees Enrollment Department to release any information necessary to the appropriate Tribal, County, State, Federal or other agencies, in order to determine my eligibility for services. I also authorize the Constitutional Cherokees Enrollment Department to obtain any birth record, DNA test (in cases of disputed paternity), or any other document, at my own expense, that was not provided by me that may aid in the determination of eligibility of the applicant.”

______________________________________________________________     _____
Signature of Applicant or Legal Guardian                                                               Date ____________________________________________________ ________________________
Signature of Applicant or Legal Guardian             Date


(Please sign and date the Release of Information Statement and Acknowledgment of Liability for Statements in the presence of a Notary Public.)
Notary Acknowledgement (REQUIRED) State
tate of:__________________ County of: ________________ I,
[name]________________________________,

a Notary Public for ______________County, State of _____, do hereby certify that__________________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my had and seal, this the _________ day of _______________, 20_______

(Official Seal) __________________________________
Notary Public

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REMEMBER: 

As part of this application, you will also present a notarized statement signed by at least 2 other witnesses over the age of 21 who attest that you have attended at least 1 Gatiyo or stomp in the past year, and a statement signed and notarized by a witness over the age of 21 that you have met with them at least 1 time per month for either a Cherokee style prayer circle or a Cherokee Style potluck.



--- SCAN all documents-- and share them with the local community. 

Once they have approved them, email them to constitutional.cherokee(at)gmail.com  SAVE THE ORIGINALS.  You will be contacted sometime within a year or less as it is reviewed.

Documents should be able to be opened and viewed with Adobe.

SAVE the originals!

Once we verify the application is complete (nothing missing) we will request those to be mailed or delivered.


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BEFORE YOU SEND THIS:

Make sure it is complete. It should include everything stated (ABOVE) It should include:


1. a link by link generational account from yourself back to the person who is listed on a Cherokee Roll or Historical Document (i.e. Family tree) each generation should be documented by the elements listed (see above) in the membership application instructions.


2. The name of your Cherokee ancestor and proof that they were Cherokee. Include information about the roll or historical document your ancestor is found on-- a photo copy would be a nice additional touch to add to the reference.


3. Notarized statement that shows that you have been participating in the Cherokee Culture on a regular and on going basis (see above).


4. Notarized letter from genealogist who has reviewed your records and attests that there is a provable, documented, legitimate link from you to the Cherokee ancestor.


5. All proofs of birth and existences photocopied and accompanying the application.


6. Letter affirming that you are not currently a member of any other tribe, band, nation or organized group of American Indians.


NOTE: Census records can prove family connections. Family Bible records may be considered also only if they include a copy of the date of the Bible's publication and if the records indicated within that bible coincide with that time reference. If you are uncertain as to its acceptability, submit a query to a genealogist as to what would be considered acceptable historical documentation.


ONCE THE scanned, emailed application has been received, an electronic copy of the Preamble, Historical Statement, Constitution and Bylaws or links to those documents available online will be emailed to the applicant along with a request for the applicants paper (hard) copy of the application.  

This will be the official submission for membership to be considered by our membership committee.

The primary repository of records is the local or community group.  These groups meet for prayer circles and potlucks.  Once they begin meeting, they are to incorporate under the Constitution and Bylaws in this handbook.  They are responsible to verify all documentation of members and to preserve not only original applications but also to produce electronic documents that may be sent to the state chapter.

Once there are 2 (two) or more local chapters, they are to work together to unite and organize and incorporate a state chapter and hold a state assembly annually thereafter.  

The state assembly is to be responsible for annual auditing of financial statements and of membership applications.  The state council is required to audit documentation of members and applicants annually.


Once there are four or more organized and incorporated state chapters, they are to unite together and hold a National Assembly which shall then assembly every seven (7) years thereafter.  

The National Assembly is to have a council that meets in the interim for business and to organize new state chapters in states of the historic homeland that do not yet have one and to be responsible for an audit every 7th year of the financial records and membership rolls.


SCAN all documents-- and share them with the local community.  Once they have been approved by the community chapter, email them to constitutional.cherokee(at)gmail.com  SAVE THE ORIGINALS.  You will be contacted sometime within a year or less as it is reviewed.