Cherokee

                             CONSTITUTION AND BY-LAWS OF THE CHEROKEE INDIAN ASSOCIATION OF AMERICA

Preamble

We the members of the Cherokee Indian Association of America, in order to promote our common welfare and to secure to ourselves and our posterity the rights, powers, and privileges authorized and offered by the organization, do hereby ordain and establish the following constitution and by-laws.

Article I – Name

The name of this organization shall be the Cherokee Indian Association of America.

Article II – Headquarters

The headquarters of this organization shall be North Carolina, unless and until otherwise provided by the governing body.

Article III – Objectives

The objective of this organization shall be:

Section 1. To secure for its members the benefits, rights, privileges and powers as provided for by the organization.

Section.promote, maintain and carry on the Heritage, Traditions and culture of the Cherokee down to our descendants.

Section 3. To promote the general welfare of the organization and its members.

Article IV – Membership of the Association

Section 1. The membership of the Cherokee Indian Association of America shall consist of: All persons of Cherokee ancestry.

Section 2. The governing body of the organization shall have power to prescribe rules and regulations governing membership.

Section 3. Member privalages shall include voting rights, running for office, attend annual gathering, attend meetings, classes, camp and field trips.

Article V - Governing Body

Section 1. The supreme governing body of the organization shall be the Council of the Cherokee Indian Association of America.

Section 2. The Council shall consist of nine (7) members, male or female, twenty-one (21) years of age or over, elected to represent the nine (7) clans of the Old Cherokee Nation.

Section 3. The term of office of members of the Council, other than the officers of the organization, shall be for a period of two years, or until their successors are duly elected and qualified.

Section 4. No councilman/woman shall be eligible to hold any other elective office in the organization during their tenure as a member of the Council.

Section 5. The council shall have power to appoint subordinate personnel, committees and representatives, to transact business, and other wise speak or act on behalf of the organization in all matters on which the organization is empowered to act now or may be empowered to act upon in the future. The Council shall also have the power to delegate such powers to individual or subordinate groups consistent with law, and under such rules and regulations as may be prescribed by the Council.

Article VI – Officers

The officers of the organization shall be a president, vice - president, a secretary and a treasurer. The officers shall serve for a period of four (4) years, or until their successors are duly elected and qualified. The officers shall be elected at large by the eligible voters of the organization and the Council shall provide by resolution for a method of selecting candidates for the aforesaid offices.

Article VII – Elections

Section 1. The fiirst election of officers and members of the Council shall be held of the first Monday in the month following the approval of this Constitution, and regular elections shall be held thereafter on the first Monday of the same moth, under rules and regulations to be prescribed by the Council.

Section 2. All members of the organization, twenty-one (21) years of age and over, shall be eligible to vote in any election, provided that in elections for representation on the Council only qualified electors, residing in, or affiliated with, the district to be represented shall be eligible to vote for the member to represent such district.

Section 3. The Council shall have the power to call and conduct special elections whenever necessary.

Article VIII – Vacancies

In the case of death, removal from office, or other disability amounting to incapacity, vacancies in any elective office may be filled by the Council for the unexpired term at any special or regular meeting.

Article IX – Impeachment

The council shall prescribe rules and regulations for the investigation of complaints of misconduct in office and for removal of any member of the Council or of any officer, provided that the accused shall be given a hearing and that a two-thirds vote of the Council shall be necessary to remove any person from office.

Article X – Bill of Rights

Section 1. All members of the organization shall enjoy without hindrance freedom of worship, conscience, speech, press, assembly and association.

Section 2. This Constitution shall not in any way be construed to impair, abridge or otherwise jeopardize the rights and privileges of the members of this organization as citizens of the United States.

Section 3. The individual vested property rights of any member of the organization shall not be impaired, abridged or otherwise affected by the provisions of this constitution and by-laws without the consent of such individual member.

Article XI – Dissolution

In the event of dissolution of the organization, all officers must immediately leave post. Members must be notified.

Article XII – Amendments

Amendments to this constitution and attached by-laws may be proposed by a majority vote of the Council or by a petition of thirty (30) percent of the eligible voters of the organization filed with the Secretary. Such amendment, if approved by the President, shall be submitted by him/her to referendum vote of the eligible voter of the organization, and shall be effective if approved by a majority vote in an election in which at least thirty (30) percent of the eligible voters cast their ballots.

BY-LAWS OF THE CHEROKEE INDIAN ASSOCIATION OF AMERICA

Article I – Duties of Officers

Section 1. President. – The president shall preside at all meetings of the Council and of the membership. They shall have general supervision of the affairs of the Council and shall perform all duties appertaining to the office of chairman. They shall have a right to vote at Council meetings only in the case of a tie.

Section 2. Vice President. – In the absence of the president, the vice - president shall perform the duties of that office. In case of vacancy, the vice - president shall succeed at once to the office of the presiident until such office may be regularly filled.

Section 3. Secretary. – The secretary shall perform his duties in pursuance to instructions of the Council. They shall keep an accurate account of all proceedings and official records of the Council and membership meetings. They shall be responsible for the prompt and efficient handling of all correspondence pertaining to the business of the Council. All official records of the secretary shall be open to inspection by the members of the Council, in the presence of the secretary. They shall keep a correct list of all members of the Council and of the association membership, shall authenticate all accounts or orders of the Council and, in the absence of the president and vice - president shall call meetings to order until a chairman pro tem is elected. They shall render a written report at the annual council meeting and, at the expiration of his/her term of office, the records and all papers in his possession shall be delivered to their successor.

Section 4. Treasurer. – The treasurer shall be the custodian of all funds in possession of the Council from any source. They shall keep an accurate record of all such funds and shall disburse the same in accordance with the vote of the Council. They shall render a written report at the annual Council meeting and at such times that they are requested to do so by the Council. They shall keep all organization moneys entrusted to their care in a special account. At any time that such account shall amount to more than Fifty dollars ($50.00), they shall file a bond satisfactory to the Council. The premium for such bond shall be paid for by the organization. At the expiration of their term of office, the records and all papers and funds in theiir possession shall be duly accounted for and delivered to their successor.

Article II – Qualifications of Officers and Council Members

Section 1. Any person elected or appointed to the offices of president and vice – president shall be not less than thirty-five years of age, a resident of the United States and a member of the Cherokee Indian Association of America.

Section 2. Any person elected or appointed to the offices of secretary and treasurer shall be not less than twenty-one years of age, a resident of the United States and a member of the Cherokee Indian Association of America.

Section 3. Any person elected or appointed to membership on the Council shall be not less than twenty-one years of age, a resident of the district they represent and a member of the Cherokee Indian Association of America.

Section 4. Any person holding an elective office who removes from the territory or territories prescribed in this article shall automatically forfeit the office.

Article III – Meetings

Section 1. Regular meetings of the Council shall be held on the first Monday in September of each year unless otherwise provided by resolution of the Council.

Section 2. Special meetings of the Council may be called by the presiident at their discretion and shall be called by them upon the written request of seven (7) members of the Council.

Section 3. All meetings of the Council shall be held at the headquarters of the organization, or at any other place as may be designated from time to time by the Council.

Section 4. Association membership meetings may be called by the president at their discretion and shall be called by them upon the written request of seven (7) members of the Council, for the purpose of receiving reports and transacting any other business that may be referred to it by the Council, provided that at least ten (10) days’ notice as to the time and place of the meeting and the purpose for which it is called is given to the membership of the organization.

Section 5. All meetings of the Council and of the organization shall be conducted under rules of procedure prescribed by the Council.

Article IV – Quorum

Seven (7) members of the Council shall constitute a quorum to transact business at any meeting.

Article V - Membership

Section 1. The procedure for accepting members is, they must be of Cherokee ancestry.

Section 2. Membership responsibilities shall include voting right.

Section 3. Membership shall be terminated by lack of proof of ancestry and will be notified.

Article VI - Rules of Order

Roberts Rule of Order
www.robertsrules.org/

Article XII – Amendments

Amendments to this constitution and attached by-laws may be proposed by a majority vote of the Council or by a petition of thirty (30) percent of the eligible voters of the organization filed with the Secretary. Such amendment, if approved by the President, shall be submitted by him/her to referendum vote of the eligible voter of the organization, and shall be effective if approved by a majority vote in an election in which at least thirty (30) percent of the eligible voters cast their ballots.

Article VIII – Adoption

This Constitution and By-laws upon approval by the Board shall be effective by a majority of the eligible voters of the organization, voting in an election called the by the president, provided that at least thirty (30) percent of the eligible voters cast their ballots in such election.

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We the Council of the of the Cherokee Indian Association of America, by virtue of the authority granted us by the act of the organization, do hereby approve th attached Constitution and By-Laws of the Cherokee Indian Association of America. All officers and members of the oganization are ordered to abide by the provisions of the said Constitution and By-Laws.  

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