STRUCTURE - legislative

PURPOSE

Define the role and structure of law and policy making.

EXAMPLES

Coquille Indian Tribe (1999)

SECTION 1. POWERS

There shall be a General Council, comprised of all duly enrolled members of the Coquille Indian Tribe who are eighteen years of age or older, which shall have the power to:

a. Elect Tribal Council members.

b. Amend this Constitution as provided by Article VII of this Constitution.

c. Make advisory recommendations to the Tribal Council upon a majority vote of those actually voting at a General Council meeting.

SECTION 2. PROCEDURES

The General Council shall hold meetings in accordance with the following procedures:

a. The General Council shall meet at least twice a year at a time and place to be set by the Tribal Council.

b. Special meetings of the General Council may be called by the Tribal Council upon two (2) weeks notice to the membership of the General Council. Such notice shall include an agenda which specifies the items to be discussed at the meeting. The Tribal Council may call such meetings upon its own motion. The Tribal Council must call a General Council meeting upon presentation of a properly verified petition signed by one-third (1/3) or more of the General Council of the Coquille Indian Tribe.

c. The agenda for the General Council meetings shall be set by the Tribal Council; provided that any member of the General Council may submit in writing items to the Tribal Council for consideration for the agenda. Additionally, the Tribal Council in each agenda must include time for more discussion of items from the floor regardless of whether said items appear on the agenda.

d. The Tribal Council Chairperson shall chair General Council meetings. In his/her absence, the Tribal Vice Chairperson shall chair the meeting. If both the Tribal Chairperson and Vice Chairperson are absent, the Chief shall chair the meeting.

Pasqua Yaqui Tribe (1988)

Section 1. The legislative powers of the Pascua Yaqui Tribe shall rest in the Pascua Yaqui Tribal Council hereinafter referred to as the tribal council, provided the registered voters retain the power to legislate through the initiative and referendum.

Section 2. The tribal council shall consist of eleven (11) members elected at large from the membership of the Pascua Yaqui Tribe… The council members elected to the tribal council shall serve for a term of four (4) years.

Section 3. Within thirty (30) days of the date of the election of tribal council members, a chairman and vice-chairman shall be chosen from among the tribal council members by vote of the members of the tribal council. The tribal council member receiving the most tribal council votes shall serve as chairman, and the tribal council member receiving the second most tribal council votes shall serve as vice-chairman. In the event of a tie, a run-off election shall be held, with all tribal council members voting except the two candidates. The candidate receiving a majority of the remaining nine (9) votes shall serve as chairman and the other candidate as vice-chairman. The chairman and vice-chairman shall serve to that capacity for a term of four (4) years provided, however, that the tribal council may select a different chairman or vice chairman at any time but only upon a vote of no confidence of at least two-thirds of the tribal council…

KEY CONCEPTS

• Enumeration of powers

• Establish criteria for holding office

POINTS TO CONSIDER

• Staggered terms

• Length of terms

• Criteria and procedures for passing, recording, and implementing legislation