CONSTITUTION OF THE CITIZEN POTAWATOMI NATION 

Submitted by Linda Simpson greyoaks@brightok.net
Indian Nations Indian Territory Archives Manager
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PREAMBLE 





We the Citizen Potawatomi Nation, sometimes designated as the Potawatomi 
Nation of Oklahoma, in furtherance of our inherent powers of self-government, 
in order to take advantage of the opportunities for economic independence 
and social advancement offered by the Thomas-Rogers Oklahoma Indian Welfare 
Act of June 26, 1936, (49 Stat. 1967), do hereby adopt this Constitution 
pursuant to the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967) 
which shall supersede that Constitution approved by the Secretary of the 
Interior on October 17, 1938, and ratified on December 12, 1938, and 
amended on September 27, 1956, December 27, 1960, April 24, 1961, 
September 21, 1970, April 20, 1983, and April 5, 1989, and April 8, 
1996, with ratification. 





ARTICLE 1 - NAME 



The official name of this Tribe shall be the Citizen Potawatomi Nation. 





ARTICLE 2 - OBJECTIVES 



Section 1. The objectives of the Citizen Potawatomi Nation in organizing 
under this Constitution shall be: 



(a) To promote the general welfare of the Citizen Potawatomi Nation and 
its members by exercising to the fullest extent the inherent powers of 
self-government vested in the Tribe since time immemorial and any 
additional powers of self-government vested in the Tribe by federal 
or state law. 



(b) To secure for the Tribe and its members the powers, benefits, rights, 
and privileges provided for in the 





Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967). 



(c) To secure the powers, benefits, rights, and privileges as provided 
by any laws of the United States now or hereafter enacted for the benefit 
of Indians or other citizens of the United States. 



(d) To secure, for the Citizen Potawatomi Nation, a Charter of 
Incorporation from the Secretary of the Interior that allows the 
Tribe to enjoy those powers specifically mentioned in the Oklahoma 
Indian Welfare Act of June 26, 1936, (49 Stat. 1967). 







ARTICLE 3 - MEMBERSHIP OF THE TRIBE 



Section 1. The membership of the Citizen Potawatomi Nation shall 
consist of the following persons: 



(a) All persons of Indian blood who were bonafide members of the 
Citizen Potawatomi Nation and who were enrolled or were entitled 
to be enrolled on the official census roll of the Tribe as of 
January 1, 1937. 



(b) Each child of Citizen Potawatomi Nation Indian blood born since 
the date of said roll whose parents is or was a member of the Tribe. 



(c) Each child of Citizen Potawatomi Nation Indian blood of a 
marriage between a member of the Tribe and any other person. 



(d) As used in this Article, the term "a member of the Tribe" means 
a member of the Tribe at the time of the childs birth, or, in the 
case of a posthumous child, if membership rights are claimed through 
the deceased parent, the parent was a member of the Tribe at the time 
of death. 



(e) The burden of proof as to the eligibility for membership in the 
Citizen Potawatomi Nation will be on the claimant for membership in 
each case. 



(f) The Business Committee shall have power to prescribe rules and 
regulations, subject to the approval of the Secretary of the Interior 
or his authorized representative, covering future membership including 
adoptions and the loss of membership. 



(g) Any member who is enrolled after May 5, 1989, who was not otherwise 
eligible for enrollment, shall not be eligible to participate in the 
Prosthetic Programs which was developed from Judgment Funds awarded 
in Dockets 15-K, 29-J, 217, 15-M, 29-K, and 146. 







ARTICLE 4 - TRIBAL JURISDICTION 



Section 1. The jurisdiction and governmental powers of the Citizen 
Potawatomi Nation shall, consistent with applicable Federallaw, 
extend to all persons and to all real and personal property, including 
lands and natural resources, and to all waters and air space within the 
Indian Country, as defined in 18 U.S.C. Section 1151 or its successor, 
over which the Citizen Potawatomi Nation has authority. 



Section 2. The jurisdiction and governmental powers of the Citizen 
Potawatomi Nation Indian Country shall also, consistent with applicable 
Federal law, extend outside the exterior boundaries of the Citizen 
Potawatomi Nation Indian Country to any persons or property which are, 
or as may hereafter be, included within the jurisdiction of the Citizen 
Potawatomi Nation under any laws of the Citizen Potawatomi Nation, any 
State, or the United States. 



Section 3. The jurisdiction and governmental powers of the Citizen 
Potawatomi Nation shall be exercised by appropriate legislation 
enacted by the Tribe, to establish or provide for a tribal judicial 
system, a tribal law enforcement agency, and other appropriate 
administrative agencies of the Tribe. 







ARTICLE 5 - CITIZEN POTAWATOMI NATION INDIAN COUNCIL 



Section 1. There shall be a Citizen Potawatomi Nation Indian Council. 
The membership of the Citizen Potawatomi Nation Indian Council shall 
be all Citizen Potawatomi Nation Indians, 18 years of age or older who 
have not been adjudged incompetent by a court of competent jurisdiction. 



Section 2. The Business Committee shall provide for the Citizen 
Potawatomi Nation Indian Council rules of procedure, subject to this 
Constitution, by appropriate legislation, and the Citizen Potawatomi 
Nation Indian Council shall exercise such authority and powers as are 
delegated to it by this Constitution. 



Section 3. There is reserved to the Citizen Potawatomi Nation Indian 
Council the authority to approve all actions of the Business Committee, 
or to delegate specific authority to the Business Committee to take 
particular actions, prior to any such action of the Business Committee 
becoming effective, which results in: 



(a) the appropriation and budgeting of available tribal funds held in 
trust as the proceeds of any claim against the United States or from 
or as a result of any treaty obligation received from the United States 
including interest earned thereon for expenditure for the benefit of 
the Tribe; 



(b) the sale of any land or interest in lands, and in connection with 
the purchase of lands or interest in lands, to authorize and cause to 
be executed a mortgage or encumbrance covering or extending to property 
not being purchased; 



(c) approval of any settlement of claim of the Citizen Potawatomi Nation 
against the United States. 







ARTICLE 6 - EXECUTIVE OFFICERS 



Section 1. The Executive Officers of the Tribe shall be the Chairman, 
Vice-Chairman, and a Secretary/Treasurer who shall serve for four (4) 
year terms of office and until their successors shall be qualified and 
installed in office. 



Section 2. It shall be the duty of the Chairman to preside at all meetings 
of the Council and the Business Committee and perform all duties appertaining 
to the office, and the Chairman shall see that the laws of the Tribe are 
faithfully enforced. The Chairman shall have general supervision of the 
affairs of the Council and of the Business Committee. 



Section 3. The Vice-Chairman shall perform the duties of the Chairman in 
his absence or during his incapacity to act, and shall undertake such 
other duties as may be assigned to him by the Chairman or by the law. 



Section 4. The Secretary/Treasurer shall correctly record the proceeding 
of all meetings. He shall make out the order of the business for Chairman, 
shall notify all committees of their appointments, shall have custody of 
the records and all papers of the Council, which records and papers shall 
be open to inspection during business hours, in his presence, by any member 
of the Council desiring to read them. He shall keep a correct list of all 
members of the Council and a correct list of all the enrolled members of 
the Tribe, shall authenticate all accounts or orders of the Council and 
in the absence of the Chairman and Vice-Chairman, shall call the meetings 
to order until a Chairman Pro Tem is selected. He shall render a written 
report at the annual meeting, and at the expiration of his term of office, 
the records and all papers in his possession shall be turned over to his
successor. He shall issue notices of all meetings and conduct all general 
correspondence, as directed by the Council or Business Committee. 



The Secretary/Treasurer shall receive and keep all moneys of the Council 
and an accurate account of receipts and disbursements. The Secretary/Treasurer 
shall keep all tribal moneys entrusted to his care in one or more tribal 
accounts as may be provided by legislation of the Business Committee, and 
all disbursements therefrom should be made by check. At any time that such 
account(s) shall amount to more than $50.00, he shall file a bond 
satisfactory to the Business Committee and the Commissioner of Indian 
Affairs. The cost of such bond shall be paid out of tribal moneys. 



ARTICLE 7 - BUSINESS COMMITTEE 



Section 1. There shall be a Business Committee which shall consist of the 
Executive Officers as provided in Article 6 and two (2) Councilmen who shall 
serve for four (4) year terms and until their successors shall be qualified 
and installed in office. 



Section 2. Subject to any limitations in this Constitution, and except for 
those powers expressly reserved to the Citizen Potawatomi Nation Indian 
Council by this Constitution, or delegated to another tribal entity by 
this Constitution, the Business Committee is empowered to enact 
legislation, transact business, and otherwise speak or act on behalf 
of the Citizen Potawatomi Nation in all matters of which the Tribe is 
empowered to act now or in the future, including the authority to hire 
legal counsel or represent the Tribe, the choice of counsel and fixing 
of fees to be subject to the approval of the Secretary of the Interior 
so long as such approval is required by Federal law. 







ARTICLE 8 - RECALL 



Section 1. The Business Committee shall enact a Recall and Removal 
Ordinance establishing the procedures to be followed in consideration 
of recall actions. Said Recall and Removal Ordinance shall contain the 
definitions of misconduct in office which shall subject a tribal officer 
to a recall election. Thereafter, this Ordinance may be amended or 
repealed only by the Council at an election conducted pursuant to 
Articles 10 or 13 of this Constitution. Such Ordinance shall provide 
that not more than two recall proceedings may be pending in the Court 
at any time. A recall proceeding shall not include more than one 
official, unless the Court consolidates two or more actions for a 
good cause shown. 



(a) There shall be a Grievance Committee which shall consist of three 
members of the Citizen Potawatomi Nation Indian Council. The function of 
the Grievance Committee shall be to act as a fact finding body and to 
present the facts to the Courts of the Tribe in cases in which the 
Grievance Committee determines that there is probable cause to believe 
that misconduct in office had occurred. 



(1) The Grievance Committee, pursuant to such procedures as shall be 
provided in the Recall and Removal Ordinance, shall hear complaints of 
misconduct in office by members of the Business Committee or Judicial 
Officers of the Tribe. Upon showing of probable cause that misconduct 
in office has occurred, the Grievance Committee shall file and prosecute 
a civil action in the Court of the Tribe to determine and act upon such 
complaints, and shall undertake other such duties as it may be assigned 
by appropriate tribal law. 



(2) In any recall action filed by the Grievance Committee, the Court, 
pursuant to the rules of civil procedure, shall have power, to hear the 
evidence and to determine whether the act or acts of misconduct in office 
have been shown by clear and convincing evidence so that a recall election 
should be held. If the Court determines that a recall election should be 
held, a two-thirds (2/3) majority of those voting in a special election 
held pursuant to Article 12, Section 6, shall be necessary to recall 
the officer from his office. Any appeal taken of the judgement of the 
Trial Court ordering a recall election shall be expedited by the Supreme 
Court. 



(b) If the Grievance Committee refuses to bring the action in the Court 
after a complaint is brought before them, the complaining party may proceed 
individually pursuant to this subparagraph (b) of this Article if he so 
desires. In the alternative, a complaining party, in his discretion, 
may bring an immediate court action pursuant to his subparagraph (b) 
without previous action by the Grievance Committee. 



(1) The Court, pursuant to the rules or civil procedure, shall hear
complaints brought by a person alleging misconduct in office by members 
of the Business Committee or Judicial Officers of the Tribe. The Court 
shall require, prior to hearing any such action, that the complaining 
party post a bond in such amount as the Court shall deem proper to 
guarantee the costs, damages, and attorney fees of the person 
complained of in the event that the recall action was filed without 
probable cause to believe misconduct in office had occurred or that 
the recall action was otherwise filed in bad faith. 



(2) In any such recall action, the Court shall have power, to hear the 
evidence of the complaining party or parties and to determine whether 
the act or acts of misconduct in office have been shown by clear and 
convincing evidence so that a recall election should be held. If the 
Court determines that a recall election should be held, a two-thirds 
(2/3) majority of those voting in an election held pursuant to Article 
12, Section 6, shall be necessary to recall the officer from his office. 
Any appeal taken of the judgement of the Trial Court ordering a recall 
election shall be expedited by the Supreme Court. 



Section 2. No person may be recalled pursuant to this Article one 
hundred fifty (150) persons cast ballots in the unless at least 
recall election. 



Section 3. Grievance Committee members may be recalled from office 
according to the same rules and procedures established in the Recall 
and Removal Ordinance except that the Business Committee shall act 
in the capacity of the Grievance Committee in such cases. 





ARTICLE 9 - REMOVAL AND FORFEITURE 



Section 1. Any elective body of the Tribe, and the Supreme Court in the 
case of any judicial officers, shall remove any of its members from 
office for misconduct in office, as defined in the Recall and Removal 
Ordinance, or upon conviction of such member by any court of competent 
jurisdiction of a felony or other offense involving dishonesty or moral 
turpitude, or if such member becomes ineligible to hold his office under 
this Constitution, by a unanimous vote of the remaining members of the 
body. 



Section 2. Such removal action shall be taken only upon proof by clear 
and convincing evidence at a formal hearing during which a verbatim 
transcript and record of the proceeding is made, and at which the party 
complained of shall have the right to not less than thirty (30) days 
notice, the right to counsel at his own expense, the opportunity to 
cross examine witnesses against him, introduce any evidence in his 
favor, and to otherwise be accorded due process of law. 



Section 3. A person removed in such a proceeding shall have the right 
to appeal the removal directly to the Supreme Court upon the record 
established at the hearing. During such appeal, which shall be 
expedited by the Court, the officer shall be deemed suspended but 
not removed from office until a final decision of the Court. For 
purposes of this Article, removal of an Executive Officer from the 
Business Committee shall also be deemed a removal from his Executive 
Office whether or not stated in the removal action. 







ARTICLE 10 - INITIATIVE AND REFERENDUM 



Section 1. The members of the Citizen Potawatomi Nation shall have 
the authority to enact legislation consistent with this Constitution 
by petition to the Business Committee bearing the language of the 
proposed tribal law, the signatures, roll numbers, and current address 
of at least ten percent (10%) of the Citizen Potawatomi Nation Indian 
Council, residing in the Counties of 





Pottawatomie, Seminole, Pontotoc, McClain, Oklahoma, Lincoln, 
Cleveland, Okfuskee, State of Oklahoma, provided, that in the general 
election upon such proposed legislation which shall be called by the 
Business Committee within ninety (90) days of the receipt of a valid 
petition, a majority of the voters who cast ballots in such election 
vote in favor of the proposed legislation. Notice of such referendum 
election shall be given to the registered voters at least fifteen (15) 
days prior to such election. The Business Committee shall be bound by a 
vote enacting such proposed legislation into law from the date of the 
election at which such legislation was enacted until it expires by its 
own terms or until changed by voters at a subsequent election. 



Section 2. The members of the Citizen Potawatomi Nation shall have the 
authority to reject any legislative action taken by the Business 
Committee by referendum petition to the Business Committee bearing 
the language of the tribal law sought to be rejected, the signatures, 
roll numbers, and current address of at least ten percent (10%) of the 
Citizen Potawatomi Nation Indian Council, residing within the Counties 
of Pottawatomie, Seminole, Pontotoc, McClain, Oklahoma, Lincoln, 
Cleveland, Okfuskee, State of Oklahoma, provided, that in the general 
election upon such legislation which shall be called by the Business 
Committee within ninety (90) days of the receipt of a valid petition, 
a majority of the voters who casts ballots in such election vote 
against the legislation as enacted by the Business Committee. Notice 
of such initiative election shall be given to the registered voters at 
least fifteen (15) days prior to such election. If the legislation is 
rejected by such vote, that enactment is null and void as of the date 
of referendum. 







ARTICLE 11 - COURTS 



Section 1. The judicial power of the Citizen Potawatomi Nation is hereby 
vested in one Supreme Court consisting of seven (7) Justices and such 
inferior courts as may be established by Tribal law. 



Section 2. The Courts of the Citizen Potawatomi Nation shall be courts 
of general jurisdiction and shall further have jurisdiction in all cases 
arising under the Constitution, Laws and Treaties of the Citizen 
Potawatomi Nation. The Supreme Court shall have original jurisdiction 
in such cases as may be provided by law, and shall have appellate 
jurisdiction in all cases. 



Section 3. The Tribal Courts, in any action brought before them, shall have 
the power of judicial review, in appropriate cases, in order to declare 
that legislative enactments of the Business Committee or the Council, 
are unconstitutional under the Constitution or prohibited by federal 
statutes and void. In such cases, the Court shall have the authority 
to declare such act void and to issue injunctive relief. 



Section 4. The Supreme Court Justices and Tribal Court Judges shall be 
selected by the Business Committee and confirmed by the Citizen Potawatomi 
Nation Indian Council at a general election called for that purpose, 
and shall serve six (6) year terms and until their successor be duly 
confirmed and installed. At the expiration of such term, each Justice 
or Judge may, at his option, be considered for reconfirmation to a new 
term by the Council. 



Section 5.Vacancies in Tribal Judicial Offices may be filled by appointment 
of the Business Committee for the remainder of the unexpired term. Such 
appointment shall be valid for not more than one hundred twenty (120) days 
unless the Citizen Potawatomi Nation Indian Council confirms the appointee 
to complete the remainder of the unexpired term. If no Citizen Potawatomi 
Nation Indian Council election is called to act upon such appointment 
within the one hundred twenty (120) day period, the appointment of that
person shall not be renewed. 



Section 6. This Article shall be effective upon enactment of enabling 
legislation by the Business Committee, and the installation in office of 
the first Justices and Judges selected according to this Article. Until 
this Article becomes effective, the judicial power of the Citizen 
Potawatomi Nation shall be exercised by the Court of Indian Offenses 
for the Anadarko Area Office jurisdiction, provided, that the Business 
Committee shall have the authority, until the effective date of this 
Article, to contract for the operation of the Court of Indian Offenses 
either separately or in conjunction with any other tribe or tribes 
within the jurisdiction of the Court, or to establish an interim tribal 
judicial system by legislation pursuant to 25 C.F.R., Section 11.1(d) 
(1983) or its successor. 







ARTICLE 12 - ELECTIONS 



Section 1. The Chairman, Vice-Chairman, Secretary/Treasurer and two (2) 
Councilman shall be elected for a four (4) year term of office and until 
their successors be qualified and installed in office by majority vote at 
an election to be conducted by secret ballot, with absentee voting, on the 
date of the annual Citizen Potawatomi Nation Indian Council meeting. All 
elections shall be conducted pursuant to an Election Ordinance adopted 
by appropriate legislation of the Citizen Potawatomi Nation Business 
Committee. At the time of their election they shall be: a member of 
the Citizen Potawatomi Nation Indian Council, not less than twenty-one 
(21) years of age, reside within the Counties of Pottawatomie, Seminole, 
Pontotoc, McClain, Oklahoma, Lincoln, Cleveland, or Okfuskee, State of 
Oklahoma, and not have been convicted of a felony or other crime 
involving moral turpitude in any court of competent jurisdiction 
within ten (10) years previous to the date of the election, unless 
pardoned. 



Section 2. No person shall be allowed to run for, or hold, more than 
one elected tribal position at any one time. 



Section 3. In order to provide for staggered terms of office, in the next 
regular election, following the adoption of this Amendment (April, 1989), 
the Councilman #2 position shall be filled in 1989 for a two (2) year 
term to 1991, and thereafter for four (4) year terms; the Councilman 
#1 position shall be filled in 1989 for a three (3) year term to 1992, 
and thereafter for four (4) year terms; in 1989 and thereafter the 
Chairmans position shall be filled for four (4) year terms; and in 
1990 and thereafter, the Vice-Chairman and Secretary/Treasurer 
positions shall be filled for four (4) year terms. The Grievance 
Committee members shall continue to be elected for two (2) year terms 
of office in the same sequence as in effect at the time this Amendment 
is adopted. 



Section 4. The newly elected officers