PART 5 GOVERNMENT
PREAMBLE
TABLE OF CONTENTS
LEVELS
COMMUNITY
REGIONAL
NATIONAL
A LOCAL COMMUNITY THAT IS IN ACTIVE STATUS IS ONE THAT:
-has been incorporated in accord with current laws and procedures for at least 30 days
-has at least 21 adult members by blood over the age of 21
-has been meeting monthly for at least one year
NOTE: IT IS STRONGLY URGED THAT ALL LOCAL COMMUNITY GROUPS that meet actively at least once (1x) a month for cultural activities such as a prayer circle or any other cultural activity, research the local and state criteria and become incorporated as a non profit entity in their articles of incorporation, use the Handbook of the Constitutional Cherokee as their Constitution and By laws and that the officers of the Community Chapter (community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, and clan mother from each active clan) be the principal “officers” of the corporation.
Additionally, they are to, as soon as it is feasible, to incorporate an auxiliary society known as the political or Warriors Society
The Warrior’s Society is to be an incorporated auxiliary Society of the Constitutional Cherokee.
They are to be incorporated as a political lobbying entity in agreement with whatever state and federal laws are in existence so that the community chapters, state chapters, and national level to which they are amenable may continue to function as non profit organizations and the Warriors may then be able to promote and protect the concerns, interests, and wishes of the Constitutional Cherokee and they are to be incorporated under the Constitution and Bylaws of the Warriors Society as contained in the Handbook of the Constitutional Cherokee. SEE AUXILIARY CONSTITUTIONS
Copies of the incorporated entity are to be sent to the State Chapter having Jurisdiction or when there is no State Chapter established, an additional copy is to be kept on hand in a secure place (such as a safety deposit box) until the time of the establishment of a State Chapter.
PART V GOVERNMENT
including:
The Local Community
The Local Council
The Local Assembly
NOTE: DEFINITION OF TERMS:
A majority, also known as a simple majority in the United States, is a subset of a group consisting of more than half of the group. This should not be confused with a plurality, which is a subset having the largest number of parts. A plurality is not necessarily a majority, as the largest subset may be less than half of the entire group.
COMMUNITY COUNCIL:
THE COMMUNITY COUNCIL is comprised of a representative from the Council of elders (the Council of Elders is composed of those 77 years and older and they select their representative), the elected community chief, the appointed grounds chief (appointed by the clan mothers), the fire keeper (Selected by a joint session of the Clan mothers and the Council of Elders), the fire keepers assistant (Selected by the fire keeper), a clan mother from each of the active clans, and principal clan mother (Selected by the clan mothers themselves), and if one has been selected and is a member of the local chapter, a GhiGua (Beloved Woman selected in keeping with the Article ## of the Handbook of the Constitutional Cherokee).
Council of elders (the Council of Elders is composed of those 77 years and older
COMMUNITY ASSEMBLY: is an assembly that was previously announced of all the members that are active in the community chapter and are older than 21 (3x7) years of age.
CHAPTER ONE
THE LOCAL COMMUNITY
A. Organization, Name, Incorporation, Property, Restrictions, Mergers, Disorganization
1 ORGANIZATION
Local Communities may be organized by the gathering of documented Cherokee descendants together for prayer circles and potlucks, or by the actions of a state council or assembly through designating persons to the organization of such a group, or by the national council of Chiefs or through persons designated for this by the National Assembly, or through the recognition of such groups by the National Ambassador, or through the petition of an elder from within a community to any of the levels of government. Official reports of organized communities are to be filed within the local communities state council when possible, and to the National Council of Chiefs if not possible.
1.1 Organized local communities are to engage in the teaching of the language, in the establishment of cultural heritage practices, and in researching the descendants of historical Cherokees that lived in their immediate area. They are to seek to preserve historical documents and the homeland. They are to research the matrilineal lines of Cherokee women and help to locate the direct matrilineal descendants of these clan lines. They are to establish Gadugi groups for each clan line as a non taxable not for profit group which each clan groups Gadugi then is to care for its members through the donations of its members. Each clan is to establish a store house both literally and figuratively so that the needs of anyone descending matrilineally from that clan or when Cherokees who have no clan but are documented descendants are adopted by the clan, their various needs may be met.
Each local community is to have incorporated as a political entity and also to have incorporated Gadugi groups of clans that are non profit entities.
A local community group shall not incur indebtedness without the approval of the state chief, the council of the local community, and the state council.
2 NAME The name of an organized local community shall be determined by the local community in consultation with the state chief and with the approval of the state advisory council. It is advised that in every case, efforts be made to reflect the historical aspects of the group either based geographically, or by historical documentation.
2.1 Change of Name
A local community may change its name by a majority ballot vote in an annual or special meeting of the local community membership . Processes for the change shall be
(1) the local community council and clan mothers, and grounds chief will submit the proposed change to the state chief who shall seek to obtain the written approval of the state advisory council;
(2) the local community votes on the proposed name that was submitted to the state council;
(3)the state advisory council will report the change to the state assembly, and the state assembly votes whether to approve the name change.
3 INCORPORATION In all places where legal statutes permit, the local council shall have the local community group incorporated, and the said council and their successors shall be the trustees of the said corporation. Where not inconsistent with civil law, the Articles of Incorporation shall set forth the powers of the corporation and provide that the corporation shall be subject to the government of the Constitutional Cherokee Nation, as from time to time authorized and declared in its Handbook by the National Assembly and National Council of said Constitutional Cherokee. All of the property of this corporation shall be managed and controlled by the local council (aka trustees) subject to the approval of the local community. No property can be sold without the unanimous agreement of all members of the local community AND a majority of 2/3ds vote of the state assembly.
3.1 Where property is purchased and developed by the state council for a local community or where a new community is formed, upon repayment by the local community of the money invested by the state advisory council, it is deemed advisable that the state advisory council transfer the title to the local community.
3.2 When a local community is incorporated, all property acquired shall be deeded directly to the local community in its corporate name whenever it is possible to do so and shall not remain in the name of individual members.
3.3 The local community chief, the grounds chief, the clan mothers and any beloved women that are members of a local community shall be designated as president, vice presidents, secretaries and incorporated or not incorporated, shall execute and sign all conveyances of real estate, mortgages, releases of mortgages, contracts, and other legal documents of the local community not otherwise provided for in the Handbook of the Constitutional Cherokee and subject to the restrictions set forth in sections>>><<<<
3.4 The Articles of Incorporation of each local community shall include the following provisions:
1. The corporate name shall include the words" ... Constitutional Cherokee".
2. The bylaws of the corporation shall be the Handbook of the Constitutional Cherokee.
3. The Articles of Incorporation shall not contain any provision that might prevent the local community from qualifying for any tax exemption available to local community and charity groups in their area.
4. Upon dissolution, the assests of the corporation shall be distributed to the state council and state advisory council.
3.5 In the case of overlapping groups, where more than one organized local community shares the same facilitie, incorporation may take place in partnership where local laws allow.
4 PROPERTY The local community considering the purchase of real estate, the erection of buildings, the location of a community center or stomp grounds, a major remodeling of either, or of leasing real property for any reason, shall submit its proposal to the state Chief and to the state council or committee designated for the oversight of property for their consideration, advice, and approval. No indebtedness, wheter involving a mortgage or not, shall be incurred in the purchase of real estate or the erection of buildings or a major remodeling of either, without the written approval of the state chief and the state council.
4.1 In case agreement cannot be reached between the local council and the state chief and the state council, the issue may be submitted to the national chief having jurisdiction, for a decision.
Either the local community or the state chief may appeal such decision to the Naqtional Council of Chiefs for a final decision. All such appeals, rebuttals of appeals, or arguments pertaining thereto, whether to the National Chief in jurisdiction or to the entire National Council of Chiefs shall be in writing.
A copy of the appeal, rebuttals of appeals, or arguments pertaining thereto by either the local community council or by the state chief shall be sent to the other party involved. The minute record of a local community appeal shall include the appeal resolution, arguments sustaining it, and the record of the vote taken.
5 RESTRICTIONS The local community may not purchase real estate, nor sell, mortgage, exchange, or otherwise dispose of real estate except by the two-thirds vote of the members present at an annual meeting or at a special meeting duly called for that purpose and except with the written approval of the state chief and the state council of chiefs.
5.1 The real estate of the local community shall never be mortgage to meet current expenses.
5.2 The local council and the local council membership may not divert property from the use of the National or state bodies of the Constitutional Cherokee.
5.3 WITHDRAWAL OF LOCAL COMMUNITIES
No local community may withdraw as a body from the Constitutional Cherokee or in anyway sever its relation thereto, except by the provision of the National Assembly and upon agreed conditions and plans.
6 MERGERS
Two or more local communities may be merged upon two -thirds favorable vote by ballot of the members present and voting at specially called meetings of the local communities involved, provided:
The merger shall be recommended by a majority vote by ballot of ALL the members of the respective local community councils, and the merger shall have been approved in writing by the state chief, the state council, and the national chief in jurisdiction.
The merger shall be finalized in a special meeting of the new community for the purpose of electing officers and making leadership arrangements. The state chief, or an elder appointed by the state chief, shall preside.
The organization thus created shall combine the total membership of the former communities, the membership of all the departments, councils and clans within those communities, and may combine part or all of the assets and liabilities of those communities subject to the approval of the state chief, the state council and the national chief in jurisdiction. The merger will combine all budgets and allocations.
Upon the notification by the state chief, the general secretary of the National Council is authorized to remove the names of the inactive communities from the roll of active communities.
7 DECLARING LOCAL COMMUNITIES INACTIVE/ DISORGANIZED
Local communities may be declared inactive for a period of transition by action of the state council.
7.1 A local community may be disorganized by action and formal pronouncement of the National Council of Chiefs. Such action shall be taken only after
(1) the state chief has consulted with the national chief in jurisdiction concerning the possibility of discontinuing a local church organization and
(2) upon recommendation of the state chief and the state council or advisory committee.
7.2 IN case a local community becomes disorganized, any local community property that may exist may in no way be diverted to other purposes, but title shall pass to the state council or advisory committee acting as agent for the said state where such has been incorporated, or other authorized agents for the use of the Constitutional Cherokee at large, as the state assembly shall direct; all chiefs, councils and committees or trustees holding property for the disorganized community shall sell or dispose of the same only on the order and under the direction of the state advisory committee or state council or other appointed agent of the state assembly, with the written approval of the nation chief in jurisdiction; either conveying said property or delivering the proceeds from the sale thereof as directed by the state assembly or its state advisory council or committee.
7.3 No council member, chief or clan mother or other leader of a disorganized community group may ever divert property from the use of the Constitutional Cherokee.
7.4 Only those local communities officially disorganized bay be dropped from the records of the national secretary.
B. MEMBERSHIP Membership shall only be by blood descendants of a documented Cherokee person in a documented unbroken lineage but no minimum quantum requirements can be made for membership in the national organization. Local communities may establish a separate club or group that requires a particular roll or quantum for their membership, but only if there also exists an alternative local community organization that does not base its membership requirements upon one particular roll or a minimum quantum and the national membership shall never exclude a descendant based on a minimum quantum requirement other than that there shall always be at least one ancestor in their heritage that was undeniably Cherokee.
8.0 Only local community members who have reached their 21st birthday shall be entitled to vote in annual or special local community meetings.
8.1 After consulting with the membership committee, and after the membership application has been validated to meet the requirements of the National body of the Constitutional Cherokee, the local community chief shall announce acceptable candidates into the membership of the local community in a public gathering, using their approved ritual and and form for the acknowledgement of members.
9 ASSOCIATE MEMBERSHIP
Where a state makes provision for such, a local community may also have associate members who shall have all the privileges of local members with the exceptions of voting and holding office. (for instance, in the case of college students or military who have relocated to pursue a degree or because of stationing).
9.1 Associate members may be received into full membership or dropped at any time at the discretion of the local chief and the local council.
10 INACTIVE MEMBERSHIP
A local community may designate person as inactive members for the reasons stated in 10.1 and 10.2
10.1 A member of a local community who has moved to another community and ceases to be active at his or her local community of membership should be urged to attend the local community gatherings there and to request a transfer of membership to that local community of the Constitutional Cherokee. The chief of the nearest local community should be notified of this change of residence directly or through one of the other levels of government.
After one year, if the member fails to request a transfer of membership or if that member's address is unknown, the local community may declare that members status as inactive by recommendation of the local council. After such an action, the local chief and or secretary shall write opposite the members name on their roll "Placed on inactive membership roll by the local council (DATE)". If this person reestablishes residence in the community where his or her membership was declared inactive, full voting membership shall be granted by recommendation of their clan mother to the council or by the recommendation of any member of the council if the persons clan is not known.
10.2 When a member of a local community has been absent from all festivals, religious observances, prayer circles, potlucks, stomps, celebrations or business meetings for six (6) successive months, without a reason deemed justifiable to the local community, and an attempt has been made to encourage him or her to become active, when possible for them to do so, that person's membership may be declared inactive by the recommendation of the clan mothers and the local council and by action of the local council.
That person shall be informed by a pleading letter from the local chief that shall be sent within seven(7) days of the action of the local council.
A second letter shall be sent after the passing of 21 days from the first letter.
After such action of the local council, the sending of the two (2) letters, and the passing of an additional 7 days, the chief or secretary of the local council shall write "Placed on the inactive membership roll by the local council (date)".
A 120 day waiting period including prayer and supplication by the members of the council and the local community shall follow these actions during which an inactive member may request in writing that the local council return his or her name to the active roll of the community.
The request must include a reaffirmation of the vows of membership and the request must be followed immediately by renewed participation in the activities of the local community.
The local council shall respond to this request within 30 days. Full voting membership may be restored to such a person by recommendation of the local clan mothers and action by the local council.
10.3 Inactive members shall always be included in the counting of the full membership of the local community along with active members. Membership shall be reported to the state assembly and councils in separate categories, namely
1) active and
2) inactive members.
10.4 Inactive members shall not be eligible to vote in annual or special local community meetings nor may they hold office at any level of government.
11 MEMBERSHIP COMMITTEES, GENEALOGICAL AND CULTURAL COMMITTEE
The Local community chapter shall provide for a membership committee to work in partnership with a genealogical committee of not fewer than 3 person acting as an advisory capacity to the local council and who are not otherwise engaged in another position of leadership on the council. The community’s principal clan mother shall be the chairperson of this committee. The duties of this committee are to be:
11.1 To promote research to document descendants from every ancestor that the current membership relates to for the purposes of locating more descendants and inviting them to join and to work with new members to welcome them into the community, to help them to find mentors and to assimilate into the culture.
11.2 To study the genealogical records of current members to verify there are no discrepancies and to provide for safe storage and duplication of these records for safety and for future access.
11.3 to work diligently to help conserve members and to keep them active and to help Cherokee descendants discovered as a result of the research activities to be living outside the homeland to do whatever is possible to accommodate their return to living within the community in the historic homeland and to serve as the local committee to help implement both the state and the national programs of research and cultural preservation.
11.4 To urge new member prospects to qualify for membership by inviting them to cultural events and activities under the tutelage of the community leadership and elders.
11.5 to diligently work to bring newly discovered descendants and new members into total fellowship and service in the local community.
11.6 to work with the local community council, {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} in developing a program of spiritual and cultural guidance for newly discovered prospects and new members.
11.7 to recommend to the local council, upon nomination by the council leaders {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} the bringing in of cultural experts for an annual campaign each year for the purpose of sharing songs, dances, and language and general knowledge. It is recommended that this be done in the Brush Arbor festival held annually in late fall after the harvest is concluded (Generally held in the full moon celebration that is held in local communities after the New Year New Moon ceremony).
11.8 No person shall be received into full membership of the local community until the Community Council {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} first consults with this committee concerning that persons qualifications for membership and their unanimous vote of approval upon the applicant.
CHANGE OF MEMBERSHIP
12 Transfer The community council {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother}, when requested by a member shall grant a transfer of local community membership (SEE FORMS) to any local community chapter established within the Constitutional Cherokee that is to be named by the one requesting transfer, such transfer is to be valid for three months only. Another request for transfer may be applied for after those 90 days are concluded if no transfer receipt is acknowledged. When the reception of the transfer is acknowledged by the receiving local community council’s vote {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} , such a person’s membership in the former local community shall cease as of the date of the receipt date on the Receipt of Transferred Membership form (SEE FORMS)
12.1 Commendation. The Community council {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother}, when requested by a member, may grant a certificate of commendation (SEE FORMS) to any local community chapter so named by the requesting member, after which that person’s membership in the local community chapter that is issuing the certificate shall cease immediately. Since no member of the Constitutional Cherokee can be considered as a member without membership in a local community, this also removes that individual from membership in the Constitutional Cherokee. A copy of the Commendation form is to be recorded locally, a copy is to be sent to both the state and National Chapters to be recorded there. Upon receipt at the state and national chapters, a form that acknowledges the person to no longer be a member of the Constitutional Cherokee is to be issued to that individual within 90 days of its receipt. If the individual has reconsidered, they may appeal to be reinstated. Such appeal must occur within one (1) year of the original request for the commendation. The Appeal form (SEE FORMS) is to be sent to the national council of chiefs, and without an appeal filed, the commendation is considered to be in effect from the date of the first request for the commendation.
TERMINATION OF MEMBERSHIP
13 LEADERS When a community leader {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} is found to have united with the membership of any other tribe, band, or American Indian Nation, his or her membership in the local community chapter shall because of that fact, immediately cease, and there shall be written into the record opposite the name, “REMOVED BY UNITING WITH ANOTHER AMERICAN INDIAN NATION OTHER THAN THE CONSTITUTIONAL CHEROKEE”
13.1 LOCAL COMMUNITY MEMBERS other than leadership {not in any of the following positions: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} When a member of a local community chapter who is not in a leadership position as described herein has accepted membership or a leadership position as a {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} in another local community chapter, his or her membership in the local community chapter of which they were a members shall immediately cease because of that fact except in cases where that person shall secure the annual written approval of the local church council leadership {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} in which their membership is held and the annual written approval of the State Chapter of the state in which that local community chapter is located. They shall not lose their membership solely for taking a position of leadership in one group while remaining on the rolls of another, however a committee from the state chapter should be assigned to look into the matter and deliver a decision concerning whether or not the person should be allowed to retain the leadership position or not.
13.2 RELEASE FROM MEMBERSHIP
The community council leaders {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} when requested in writing to do so by a member, may grant a letter of release (SEE FORMS) thereby terminating such persons membership immediately. This letter of Release must be notarized.
13.3. After 2 years from the date when a persons membership was declared inactive by the local community council and assembly, he or she is to be contacted by the council to determine why they are no longer involved. If the person does not become active again, then the council may petition the state chapter to move the individuals name from membership in the local group to be placed on an inactive roll at the state chapter level for the purpose of allowing other community chapters to solicit the individual to join their group.
13.4 A community council may not remove any individual from membership without the following measures first being taken:
this action must be recommended by the community council first, {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother}, this recommendation must be ratified by the local community in a regular business meeting, and that decision must be approved in writing by the state chapter advisory committee and the state Chapter principal chief. The names of those to be removed and the reason for their removal shall be presented in writing to the State Chapter by the local community record keeper aka secretary.
NOTE: IT IS STRONGLY URGED THAT ALL LOCAL COMMUNITY GROUPS that meet actively at least once (1x) a month for cultural activities such as a prayer circle or any other cultural activity, research the local and state criteria and become incorporated as both a non profit entity and as a political lobby group and in their articles of incorporation, use the Handbook of the Constitutional Cherokee as their Constitution and By laws and that the officers of the Community Chapter (community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, and clan mother from each active clan) be the principal “officers” of the corporation.
Copies of the incorporated entity are to be sent to the State Chapter having Jurisdiction or when there is no State Chapter established, an additional copy is to be kept on hand in a secure place (such as a safety deposit box) until the time of the establishment of a State Chapter.
COMMUNITY BUSINESS MEETINGS
14 In addition to the regularly scheduled cultural activities of the local community chapter, there are to be regularly convened community council meetings and at least one annual community chapter assembly for the transaction of business. These are to be known as the Local Chapter’s Community Business Meeting.
14.1 Only those members who have been actively involved in the local community’s cultural activities on a regular basis and who have reached their 21st birthday (3x7 years) shall be entitled to vote in community business meetings.
14.2 Business Transactions
Business, including elections and voting, in harmony with the spirit and orderliness of the Constitutional Cherokee, and not otherwise specially provided for may be transacted at any community business meeting.
14.3 Comply with civil Laws when not in conflict with Constitutional Cherokee Handbook, in all cases where the civil law requires a specific course of procedure in calling and conducting group business meetings, that course should be strictly followed.
14.4 Presiding officer The Community Council {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} shall be present at every business meeting unless illness intervenes. The Principal Clan mother shall preside over the business meeting, except in cases where the state chapter chief is present at the meeting, or the National Council Chief who has jurisdiction is present, in which case the state chapter chief or the national Chief (whomever is present that has the higher status) shall preside and serve as the ex officio president of the local community business meeting.
14.5 Secretary The record keeper of the community council (appointed to the position by the community council of community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother) shall also serve as the secretary of all community meetings and assemblies. In the case of her absence, a secretary por tempore shall be appointed by the council leaders {community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother} This record keeper shall not be in any of the leadership positions of community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, or principal clan mother.
14.6 ANNUAL ASSEMBLY or CONVENTION An annual community business meeting shall be held within no more than 90 days and no fewer than 60 days prior to the meeting of the State Chapter Assembly or convention.
Public notice of the annual meeting must be given from at every community assembly or cultural event at least 14 full days before the day of the meeting. The annual business meeting may be conducted on more than one day, or in more than one gathering upon approval by the community council leadership: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother.
14.7 REPORTS
Reports shall be given at the annual meeting by each of the leaders of the council: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, by the Committees that have been active at any time during the year, by the Chief of the Constitutional Cherokee Youth, by the Leader of the Gadugi of each clan, by the local community Chapter’s Treasurer and by the Genealogical Research Committee. There shall also be a report of how many members currently speak Cherokee language and to what level they speak it by the person who was voted to that position each year.
14.8 NOMINATIONS
A nominating committee appointed by the Clan mothers and presided over by them,is to meet prior to the Annual meeting in order to nominate officers, committee members, secretaries, treasures and all state delegates to serve at the upcoming state chapter assembly or convention.
The nominating committee shall consist of not fewer than 3 and not more than 21 members of the local community, and shall include the clan mothers and the principal clan mother among the members of the committee. The members of the committee shall be selected by whatever method the clan mothers shall propose and decide upon to use. The Community’s Principal Clan Mother shall be seen as the Chairperson of the committee. All persons nominated by the committee should be contacted before their name is added to the ballot and should affirm that they fulfill the qualifications required of leaders as described in the Handbook of the Constitutional Cherokee and affirm their willingness to serve if selected.
14.9 ELECTIONS
At the annual Local Community Chapters annual business meeting there shall be an election by ballot of those positions that require a vote and the Council community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother shall also vote on the positions that they are to fill. The ones to fill the positions are to be announced before the final adjournment of the local assembly. All those elected are to server for the next year till the next Annual Community Chapter’s Annual business meeting and until their successors are elected and declared qualified by the local council: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother. All those elected as a local chapters officers must be Active members of that same local community chapter and in good standing with the assembly.
14.10 Where laws permit, and in Community Chapters where such procedure and the number to elected are approved by a majority vote of the active and eligible voting Community Members present, the Council may be elected, and the appropriate proportions designated as various officers in harmony with the Handbook of the Constitutional Cherokee.
14.11 Where laws permit, and in communities where such procedure is approved by a majority vote of the eligible voting Community members present at a duly called Annual Assembly of the Local Chapter, after receiving the written approval of the State Chief, a community may elect 1/2 of its officers and committee members for 2 year terms designating an equal number to be elected annually. When the leadership is elected in this manner, there must be a full set of 7 (seven) active Traditional Clans within the Community Chapter.
14.12 At an annual Community Chapter’s Business meeting when there are not 7 (Seven) fully active clans, there shall be an election by ballot, of members who are NOT in the following leadership positions: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, and clan mother from each clan,(these by virtue of their offices are automatic delegates to the State Convention) to serve as delegates to the state convention. They must be active members in good standing at least 180 days at the time of their election and age 21 or older but not older than 77 years (11x 7 years) as all elders older than 77 years of age are automatically voting delegates of the state convention. The Number of these elected delegates (not including the elders, the community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, and clan mother from each clan) shall be selected on the basis of representation fixed by the General Assembly but in years prior to the first reconvened General Assembly shall be at least 7 delegates and 4 alternates.
In the event there are 7 fully active traditional Cherokee clans, the clans themselves shall select 1 delegate and 1 alternate from among their clan to send to the State Convention and none shall be required to be selected at the Annual Community Chapter’s Assembly.
14.13Special Community Chapter Assemblies or Business meetings may be called at any time by any one of the Council Members: community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, or clan mother from any clan.
They may also be called by the State Chief, or by the National Chief having jurisdiction.
14.14 Public Notice of any special called Community Chapter Assembly or business meeting shall always be given at the Community Council’s cultural activities and events with at least 2 announcements being made at least 14 days prior to the meeting and when possible, an email or phone notification is ALSO sent to as many members as have given permission to be contacted in that manner.
THE COMMUNITY CHAPTER YEAR
15 The statistical Year shall run from January 1 through December 31. The Administrative year is NOT expected to run concurrently and instead will be based upon the time of elections and Annual State Assemblies and the National Assemblies which occur every 7th year.
15.1 All Chapters and all incorporated bodies of the Constitutional Cherokee are required by the Constitutional Cherokee to file a form 990 annually with the Internal Revenue Service and to make that report publicly available to its membership.
ALL COMMUNITY LEADERS:
Council of elders (composed of those 77 years and older), the community chief, grounds chief, fire keeper, fire keepers assistant, beloved woman, clan mothers, and principal clan mother, and clan mother from each clan) must be people of good Cherokee Character and conduct in keeping with the requirements, recommendations and descriptions contained in the Handbook of the Constitutional Cherokee.
THE COMMUNITY COUNCIL is comprised of ONE representative from the Council of elders (the Council of Elders is composed of those 77 years and older and they select their representative), the elected community chief, the appointed grounds chief (appointed by the clan mothers), the fire keeper (Selected by a joint session of the Clan mothers and the Council of Elders), the fire keepers assistant (Selected by the fire keeper), a clan mother from each of the active clans if there are not a full 7 clans, or ONLY the principal clan mother (Selected by the clan mothers themselves) if there IS a full set of 7 active clans. In addition, if one has been selected and is a member of the local chapter, a GhiGua (Beloved Woman selected in keeping with the Article ## of the Handbook of the Constitutional Cherokee).
At least every 2 years, (every other year) the council leaders and a representative from each active clan (Selected by ballot within the respective clans) shall withdraw together for a weekend for the purpose of a self study to review the expectations of the community, the goals of the community, and the performance of the leadership in regard to those goals.
At the time of this introspection, the written understanding between the community and the community chief should be updated and renewed.
The State Chief shall be given reasonable notice and opportunity to participate in each self study. The community chhief shall sign the written summary and the community’s appointed secretary shall send a copy of the signed document to the state chief. The summary of the results of the self study are to be sent within 30 days of its completion.
CONFLICT
Disagreement is a natural part of life however how we handle it is to be within keeping with the traditions and spirit of our Cherokee People and to remain in the way of Duyuktv.
The Leadership AND the community chapter are to diligently seek to understand one another and to care for one another as members of a loving family.
Both are to enjoined to seek to understand the other side of any issue’s expectations, and to sincerely follow a path of peace and reconciliation within the community. Restitution for wrongs by the offender is not to be forgotten; it is required, and forgiveness is to be accepted by the wrongdoer if it is offered. We are obligated to work at resolving differences in a spirit of love, acceptance, forgiveness and healing.
Seek to resolve differences first by discussing them face to face in a friendly manner. Mention what is troubling you. Perhaps the person was not aware of the harm done and now that it is pointed out has the opportunity to offer restitution.
Next, if the face to face discussion fails to bring resolution, seek the assistance of one or two other members of both your clan and theirs to go with you to speak with the person. Again, perhaps there just is not a clear understanding on both sides yet. Offer this chance for peace.
If the face to face, followed by the meeting with others does not yet bring a resolution, only then ask to have your case heard by the community council and the council of clan mothers and the council of elders. Agree to abide by the decision of this joint council.
NOTE:
The first order of business for an active community group (active means Cherokee descendants who have verified each other’s documentation and records and who are meeting at least once a month for a prayer circle, potluck or other cultural event) is to organize and incorporate in the state wherein they reside under the Constitution and Bylaws of the Handbook of the Constitutional Cherokee.
They are then enjoined to actively engage in both establishing a second community group within their state of active Cherokee descendants for the purpose of uniting and establishing a state chapter, and also to enter into negotiations with other state recognized Cherokee (if any are in existence) for the purpose of helping them to reorganize as Constitutional Cherokee under the Constitution and Bylaws of the Handbook of the Constitutional Cherokee, for the purpose of establishing unity and a state chapter of the Constitutional Cherokee within that state.
This is so that we may fulfil our goal: To unite all Cherokee descendants into one self governing organization.
Business
The Business of the Community Council
.1 To care for the interests of the Community, and its work, not otherwise provided fro, in harmony with the Community Chief and the State Chief.
.2 To nominate to the Local Assembly, after having consulted with the State Chief, the council of elders, and the Clan Mothers, any person whom it may deem the proper person to become a community chief, provided the nomination be approved by the state chief.
.3 To cooperate with any incoming Community Chief or leader in the development of a written statement of goals and expectations.
.4 to conduct at least once every 2 years along with the Community Chief and under the supervision of the State chief, a self study for the purpose of developing a clear understanding of expectations, goals, and performance
.5 to arrange for the supply of materials and persons for the training of the entire community, with the approval of the state chief, so that these persons may help the community to regain any lost culture or traditions, and also to provide suggestions for someone to come in to serve as any of the Council members when they cannot serve, under the direction and approval of the state chief, until such a time as a replacement shall be selected to lead the local Community Chapter.
.6 To provide for the development and adoption of an annual budget for the community chapter, all its auxilliaries, any educational programs and gadugi projects based on projected income and expenditures and to develop a reserve fund for the funding of future projects.
.7 to assign a committee of the Community Council members of the Council responsibilities for
(a) monitoring the Community Chapter budget
(b) reporting to the council on the financial conditions and concerns of the Community Chapter.
.8
To determine the amount of compensation the members of the Community Council and any paid workers shall receive, and to review it at least once a year especially for the purposes of ensuring that all are well cared for and that the maximum amount of tax savings on their compensation be attained.
.9 To provide ways and means for the support of the Community Council and the projects of the Community Chapter, to fund the cultural events of the Community Chapter, and to provide for any other paid workers of the Community Chapter; to give attention and funding to the continuing educational and training needs of the Community Council and staff especially in the areas of language, culture, history, and policies.
.10 To determine the amount of financial support and housing allowance guest speakers and educators and cultural experts should receive and notify the person of such minimum support at the time of the invitation by the Community Council.
.11 To give proper attention to the support of the State Chief and the National Chief assigned jurisdiction in accordance with authorized plans
.12 To review the training of apprentices to positions in the operation of Gatiyo, prayer circles, potluck, and other cultural activities
.13 To recommend, at its discretion, to the State assembly, upon nomination by the Community Council members, any person who desires to receive training for those positions that the Council feels would be suited to such tasks..
.14 to recommend at its discretion, to the state assembly, any person that could serve well on state committe
.15 To recommend, at its discretion and in accordance with the Handbook of the Constitutional Cherokee any person who should be recognized as a Beloved Woman
.16 To elect, upon nomination of the Educational Committee and the Elders Council meeting in Joint session, a director of Children’s Cultural Training and a Director of Adult Cultural Training, as well as a Director of Senior Services that will ensure our elders are visited, their needs met and they are honored.
.17 To approve the Constitutional Cherokee Youth Community Chief that was elected by the youth ages 14-21 as provided by the Constitutional Cherokee Youth Constitution.
.18 to approve the selection of administratof of any day care/preschool/ weekday schools or programs
.19 to appoint a secretary at the first meeting of the new council, to serve until the close of the Community Chapter’s business year, and until a successor has been elected and declared qualified for the position by the Community Council.
.20 to appoint either a Treasurer or to hire a CPA office at the first meeting of the new Council to serve until the close of the Community Chapter’s business year, and until a successor has been elected and declared qualified for the position by the Community Council.
.21 to cause a careful accounting to be kept of all members and to cause a careful accounting to be kept of all money received and disbursed by the Community CHaqper, including any schools and auxiliaries and programs and to make a report of the same at the regular quarterly meetings and to the annual meeting of the Community Chapter.
.22 To provide a committee of no fewer than 3 members of which they shall all be present at every counting of monies received to account for all money received by the Community Chapter to the treasurer or CPA
.23 To plan for an annual aduit of the financial records of the treasurer of th Community Chapter and of all its Auxiliaries and any segment of the Chapter that receives or disburses any funds.
.24 To provide for a genealogical research and membership recruitment committee of no fewer than three persons
.25 to function as any board of any program, if advisable, if the Community Chapter has fewer than 120 members.
.26 to appoint a trial committee of five in case written charges are pending against a local Community Chapter member.
.27 to elect with the written approval of the state chief and upon the nomination of the Community chief, such paid assistants as are deemed necessary for the completion of goals set by the Community Chapter
.28 To elect any unpaid (volunteer) assistants ONLY if approval is given annually in writing from the State Chief.
.29 To provide for a long range planning committee for the community with the Principal Clan Mother as ex officio Chairperson.
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