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QUiforilx Constitution of the Fernandefio TataviamTataviam Band ofof Mission IndiansIndians

Preamble

We, the sovereign FernandenoFernanderto Tataviam people, • proud of our historyhistory of creativity andand life inin communitycommunity with our ancestralancestral land, which we seek to conserve andand develop as aa resourceresource forfor ourselvesourselves andand ourour children; and • dedicated to preserving andand enriching ourour tribal culture, achieving and maintaining a desirable measuremeasure ofof prosperity,prosperity, andand securingsecuring toto our posterity and to ourselvesourselves the blessings ofof freedom;freedom; andand • committed toto solidaritysolidarity with each other in a common quest forfor self-determination and economic justice; and • honoring the memorymemory ofof those those who havehave struggled on our behalfbehalf for dignity, respect,respect, and prosperity; and • celebrating sharedshared traditionstraditions that have given us identityidentity and meaning and preservingpreserving inherited wisdom that still guides our lives, whilewhile continuingcontinuing toto learnlearn from the contemporary world, hereby enact thisthis Constitution asas the legal foundationfoundation for ourour lifelife together.together. Tribal ConstitutionConstitution II Fernandefio Tataviam Band of Mission IndiansIndians

Chapter 1I Principles ofof Fernanclerio Fernande.fio Tataviam Tribe

Article I.L TheThe FernandenoFernandeno Tataviam Band of of The FernanderioFernandefio TataviamT ataviam Band of Mission Indians and cited as the FernanderioFernandefio TTataviam ataviam Tribe, FernanderioFernandefio Tribe, Tataviam Tribe, and SanSan Fernando Mission Indians, is a participatory union ofof clans, clans, families, and persons descended from the original people of the FernanderioFernandefio Tataviam traditional villages,villages, rancherias, and of Mission SanSan Fernando.Fernando.

Article 2. Politica!AuthorltyPolitical Authority Political authority in thethe TribeTribe derivesderives from thethe willwill of the people,people, andand isis exercisedexercised by them directly and through their representatives inin accordanceaccordance with with the the ConstitutionConstitution and within the limits set by TribalTribal Code. TheThe Constitution Constitution is is thethe supreme supreme lawlaw of the Tribe.

Chapter 2 Territory and JurisdictionJurisdiction

Article 3. Ancestral Lands Section 1.I. The TribeTribe isis comprisedcomprised of autonomous villages,villages, rancherias withinwithin the FernanderioFernandefio Tataviam immemorial ancestral lands in the areas locatedlocated in the known parts ofof Los Angeles, andand Ventura Counties in thethe StateState ofof , as referred in the Indian RancheriasRancherias of San Fernando Mission, United StatesStates IndianIndian AffairsAffairs report of May 1920. Section 2. The ancestral landslands ofof thethe TribeTribe extend fromfrom northnorth to south, from the lower Antelope/Leona Valley toto the , andand from west toto east, fromfrom Piru to the western arm of the San Gabriel Mountains.

Article 4. Territory The territory of the Tribe comprisescomprises all land,land, whetherwhether oror notnot contiguous, owned by the Tribe in any legal manner.

Article 5. Jurisdiction The laws of the Tribe shall extend to: a. any person, property, activity, or other matter occurring within its territory, as defined in Article 44 ofof thisthis Constitution;Constitution; b. any tribal citizen wherever located; and c. any other person, property, activity, or matter, subject to its jurisdiction by virtue of its status as a sovereign IndianIndian tribe or anyany applicableapplicable law.

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Chapter 3 Citizenship and Rights

Article 6.6 CitizenshipCitizenship RequirementsRequirements Section 1. The citizenshipcitizenship of the Tribe shallshall consist of the following persons who are not enrolled citizens of anyany other tribe: a. Any person identified as FernandenoFernandeno or San Fernando whose name appeared on the roll of CaliforniaCalifornia IndiansIndians preparedprepared pursuantpursuant to Section 7 of the Act of May 18, 1928 (45 Stat. 602), as amended by the Act of AprilApril 29,29, 19301930 (46(46 Stat. 259), and by the Act ofofJune June 30, 1948 (62 Stat. 1166),1166), and byby the Act of May 24, 1950 (64 Stat. 189), and byby the Act of September 21,21, 1968 (82 Stat. 860). b. Any person who is aa lineallineal descendantdescendant ofof FernandenoFernandeno oror SanSan FernandoFernando on the roll of California Indians in accordance to Section la above.above. c. Any person who is a lineal descendantdescendant ofof anan enrolledenrolled citizencitizen ofof thethe Tribe. d. All children possessingpossessing one-sixteenth one-sixteenth (1116) (1/16) or or more more IndianIndian blood,blood, bornborn to any member of the FernandenoFernandefio Tataviam Band of Mission Indians, maintaining tribal relations. Section 2. Any applicant for citizenship bears the burden of proof to to establishestablish eligibilityeligibility for enrollment, as setset outout inin SectionSection lala throughthroughlc le above.above.

Article 7.Z RightsRights andand Responsibilities Responsibilities of Citizens Section 1.I. All citizens ofof thethe TribeTribe are entitled to equal respect withoutwithout regard to gender, age, or religion. AllAll citizens shall enjoyenjoy equalequal opportunitiesopportunities to participate in thethe economiceconomic resourcesresources and activities of the Tribe, and nono citizencitizen shallshall bebe denied freedomfreedom ofof religion, religion, speech,speech, association, or assembly; oror thethe right to petition forfor thethe redressredress ofof grievances, grievances, nor shall any citizens be deprived of liberty or property without duedue process.process. Section 2. The Tribe shallshall notnot raiseraise sovereign immunityimmunity in tribal court asas a defense to any claim made against it by an enrolled citizen for injunctive oror declaratorydeclaratory relief.relief Section 3. Each tribal citizen is responsible forfor helpinghelping toto preserve thethe endowmentsendowments of nature, enlarging the inheritance of future generations, andand aiding in the maintenance of the tribal heritage and culture.

Article 8. Political Rights of Citizens Section 1.I. All citizen of the Tribe whowho isis at leastleast eighteen (18)( 18) yearsyears of age or older shall be deemed qualified toto votevote underunder thethe authorityauthority of this Constitution; provided, theythey have duly registered to vote. Section 2. All citizen ofof the Tribe may vote in person or byby absentee ballot. Section 3. Any citizen of the Tribe eligibleeligible toto votevote maymay alsoalso serve as aa senatorsenator or tribal staff official. Section 4. Any citizen of the tribe may serve asas President,President, ViceVice President,President, or Senator if they are eligible toto vote,vote, isis atat leastleast twenty-eighttwenty-eight yearsyears old,old, andand will havehave beenbeen aa citizencitizen ofof thethe Tribe for at least four years on the day he willwill take office.office.

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Section 5. No oneone maymay serveserve as President, Vice President, tribal officer, tribal staff member, senator, or member ofof any tribal board, commission,commission, or similar body while employed by the Bureau ofoflndian Indian AffairsAffairs or by any federal agencyagency contracting contracting withwith thethe Tribe.Tribe.

Article 9. GeneralGeneral Meetings of Citizens Section 1. The citizenscitizens of the Tribe shall meet at least onceonce eacheach year,year, onon thethe thirdthird Sunday in June. TheThe President President may may call call meetingsmeetings ofof all voters ofof thethe TribeTribe atat his ownown initiative,initiative, andand must do so upon aa petitionpetition ofof at at least least twentytwenty percentpercent ofof the the eligibleeligible voters of thethe Tribe. Section 2. The PresidentPresident chairschairs any meeting of the citizens ofof thethe Tribe. Section 3. A general meeting of tribal citizens may bebe closed toto non-citizensnon-citizens by a two­two- thirds vote. Otherwise,Otheiwise, aa personperson notnot eligible eligible toto votevote maymay attend aa generalgeneral meeting, but maymay speak only if recognized by the President.

Article 10. Initiative Process Process byby Tribal Citizens Section 1. A new initiative may be proposed and an existing ordinance may be reviewedreviewed at the request of the President, or by petition ofof at leastleast thirty percent of thethe eligibleeligible voters ofof thethe Tribe. Section 2. Whether atat aa generalgeneral meeting, general election, or in a special election,election, the tribal citizens eligible toto vote may by majority vote approveapprove any ordinance within thethe legislativelegislative authority ofof the SenateSenate or repeal any ordinance adopted by the Senate, subject toto the further requirements ofof thisthis Article. Section 3. At least thirty percent of the tribal citizens eligible toto votevote mustmust participate in a vote on an ordinanceordinance atat aa generalgeneral meeting,meeting, generalgeneral election, or in a special electionelection forfor the vote to be valid. TheThe citizens citizens ofof the the TribeTribe shallshall bebe publicly notified at least two months before the day the vote is scheduled to taketake place.

Article 11. Reserved PowersPowers ofof TribalTribal Citizens The citizenscitizens of the Tribe delegatedelegate the authority ofof thethe dailydaily Tribal businessbusiness affairs on behalf of the Tribe toto thethe administrationadministration andand agencies agencies of government established byby the PresidentPresident and Senate in accordance of the Constitution. However,However, theythey reserve reserve thethe exclusiveexclusive right, by majority vote, to: a. approve the initiative of the sale, relinquishment,relinquishment, or encumbrance of tribal territory; b. approve agreements permittingpermitting the activity onon tribal territory of non-tribal lawlaw enforcement agencies;agencies; c. approve anyany businessbusiness contract contract with with the the potential potential to to commitcommit thethe TribeTribe inin the amount of $5,000,000 or more; d. approve the sale oror relinquishmentrelinquishment of tribaltribal huntinghunting or fishing rights; and e. renounce or diminish aa rightright reservedreserved by or delegated toto the Tribe under federalfederal law.law.

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ChapterChapter4 4 The Senate

Article 12.12 LegislativeLegislative AuthorityAuthority The LegislatureLegislature Department shallshall bebe citedcited asas the Tribal SenateSenate ofof the the Tribe,Tribe, exercisesexercises the Tribe's legislativelegislative authority.authority. Senators meetingmeeting without formal convocation or in thethe absenceabsence of a quorum havehave no formal legal authorityauthority to act on behalf of the Tribe.

Article 13. CandidacyCandidacy Section 1. Any enrolled citizen of the tribetribe eligibleeligible to votevote maymay serve as a senator, provided that thethe citizencitizen is nominated by his district to run forfor senate, his nomination isis endorsed by petition by at least two percent of the tribal citizens registeredregistered toto votevote inin thethe candidate'scandidate's district group, and such petition isis receivedreceived byby thethe tribal senate atat least twotwo monthsmonths before the election in which the candidate intends to runrun forfor office.office. Section 2. The TribalTribal Senate,Senate, atat its its firstfirst regularregular sessionsession eacheach year,year, shall organize and elect officers fromfrom its membership.membership. Officers to be elected are a Chairperson and aa Secretary.Secretary.

Article 14. Election

Section 1.1. The SenateSenate shall be comprised of nine (9) members to be elected from the following districtsdistricts accordingaccording to to anan apportionmentapportionment plan prescribed by thethe Tribal Senate: TamitTamit and Tote).Toto. Section 2. Each senator represents the entireentire tribe,tribe, isis electedelected at-largeat-large byby secret ballot vote in his district of thethe eligibleeligible voters from tribal citizens for four-year terms. Half thethe senatorialsenatorial seatsseats shall be filled every two years. Section 3. Senators take office onon the first Monday in June.

Article 15. OfficersOfficers of the Senate Section 1. The ViceVice President ofof the the TribeTribe serves serves as chair of the Senate, voting only in casecase of a tie. Section 2. The SecretarySecretary acts as chairchair in the Chair's absence.absence. Section 3. The SecretarySecretary of the Tribal Senate shall maintain all records andand enactments of the Tribal Senate. They shall bebe keptkept on file inin thethe Tribal Administration Office, San Fernando, California and available forfor inspectioninspection by FernandefioFernanderio Tataviam citizens during normal officeoffice hours. All such records andand enactmentsenactments of the Tribal Senate shall be the property of the FernanderioFernandefio Tataviam Band of Mission Indians.

Article 16.16 SupportSupport Staff Staff, Officers Officers and and Procedures. Procedures. The SenateSenate may appoint aa secretarysecretary and otherother supportsupport staff staff and and officers officers asas necessary.necessary. It may regulate itsits ownown proceduresprocedures andand appointappoint subordinate committees toto facilitatefacilitate its work.

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Article 17. ScopeScope of Legislation Consistent with this Constitution, andand byby virtuevirtue ofof the Tribe's inherentinherent sovereigntysovereignty and applicable law, the Senate may legislate withwith respectrespect toto allall mattersmatters withinwithin thethe competence of the FernanderioFernandefio TataviamTataviam BandBand ofof MissionMission of of Indians. Indians. WithoutWithout prejudice to its authority under this Constitution toto legislatelegislate withwith respectrespect toto otherother mattersmatters oror toto exercise exercise such other powerspowers as may be delegated to it by the citizens of the Tribe or recognized by the United StatesStates of America, the Senate has the authority toto passpass lawslaws to: a. appropriate tribal funds for tribal purposes in accordance with a biennial budget; b. levy and collect taxes andand fees thatthat thethe Treasurer shall chair; c. borrow money from anyany source on behalf of the Tribe and pledgepledge or assignassign chattels or future tribaltribal incomeincome asas security; d. initiate the sale, disposition, lease oror encumbranceencumbrance ofof tribaltribal lands,lands, funds,funds, andand other assets; e. delegate the economic affairs andand enterprises ofof thethe Tribe; f. provide for the assignment, use, transfer, and inheritance of real and personal property subject to the jurisdiction of the Tribe; g. determine guidelines andand proceduresprocedures forfor thethe enrollmentenrollment andand adoption of tribal citizens, subjectsubject toto thethe Constitution;Constitution; h. protect animals and natural resourcesresources withinwithin tribal territory;

1.i. regulate commercial,commercial, financial,financial, industrial,industrial, andand otherother economic activity occurring within the tribaltribal territory; j. approve any agreement negotiated by thethe President on behalf of the Tribe, except that any agreement involving moremore thanthan $5,000,000 must alsoalso be approved by the tribal citizens voting in a special election or at a special general meeting; k. approve the appointment ofoflegal legal counsel and of other tribaltribal officersofficers and staff by the President; 1.1. provide for the creation of commissions, boards,boards, andand other tribal agencies andand of tribal offices and staff positions; m. regulate thethe domestic relationsrelations ofof personspersons within within the the jurisdictionjurisdiction ofof thethe TribeTribe andand the adoption of minor children within the jurisdiction of the Tribe; n. maintain public order within tribal territory and protect the rights guaranteed by or under the Constitution againstagainst infringement; o. provide for tribal libraries andand educationaleducational institutions;institutions; safeguardsafeguard tribaltribal monumentsmonuments and records, archeological sites,sites, burialburial grounds,grounds, andand artisticartistic andand architectural creations of tribal importance; charter charitable entities;entities; andand operateoperate tribal public print andand electronicelectronic media; p. define crimes and the sanctions to be imposed in case theythey are committed;committed; g.q. determine procedures for tribal elections;

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r. establish policies governinggoverning tribal social welfarewelfare measures,measures, public public housing,housing, andand health and sanitation within the tribaltribal territory;territory; s. initiate authorization of thethe entry into thethe tribaltribal territoryterritory ofof non-tribal non-tribal policepolice or military forces; t. protect tribal boundaries in accordance ofof thethe ConstitutionConstitution and Tribal ordinance; and u. establish andand regulate tribaltribal courtscourts andand law enforcementenforcement onon the tribal territory.

Article 18. Liability,Liability, andand ImmunttyImmunity Section 1. No senatorsenator maymay bebe subjectsubject toto civil,civil, criminal, or other disciplinarydisciplinary proceedings because of thethe opinions he expresses inin the performance of his duties. Section 2. A senator shall forfeit his office if hehe givesgives unmistakableunmistakable evidenceevidence thatthat hehe cannot or will not continuecontinue fulfillingfulfilling thethe responsibilitiesresponsibilities ofof his his officeoffice or isis physically or mentally incapable of doing so. AnAn ordinance ordinance shall shall specify specify thethe proceduresprocedures forfor determiningdetermining forfeiture forfeiture of of office office asas wellwell as those governing thethe determination andand consequencesconsequences of temporary incapacity,incapaciry, on comparable grounds. Section 3. A senator may be removed from office by a two-thirds vote of the senators in office. Section 4. If a senator resigns,resigns, is removed from, or forfeitsforfeits his office, a new senator shall be selected in a special election or general election, of the eligibleeligible voters from tribal citizens,citizens, shallshall complete the remainder of his term.

Article 19. OrdinancesOrdinances Section 1. An ordinance maymay be proposed by:by: a. any senator; b. the Chairperson ofof Senate; Senate; c. the President; or d. ten percent of thethe eligibleeligible voters, by petition.petition. Section 2. The PresidentPresident determinesdetermines the orderorder inin whichwhich thethe SenateSenate considersconsiders draft ordinances and other matters, thoughthough thethe calendarcalendar maymay bebe challengedchallenged before the Senate on the initiative of twenty-five percent of the senators in office.office. Section 3. Proposals from the President receivereceive priority on thethe legislativelegislative calendar or the Senate. Section 4. The citizenscitizens of the Tribe shall have substantialsubstantial opportunityopportunity for formal comment on aa proposed ordinanceordinance whilewhile thethe SenateSenate isis considering it. Section 5. An ordinance requiresrequires approval of a majority vote in the Senate. Section 6. Before votingvoting on a proposal, the Senate may request from thethe tribaltribal legallegal counsel advice regardingregarding thethe constitutionalityconstitutionality of the proposal.

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Section 7. During thethe firstfirst thirtythirty daysdays after the after Senate approvedapproved and the President has formally promulgatedpromulgated anan ordinance, a minimum of ten percentpercent ofof the the registeredregistered voters of the Tribe maymay request by petition that thethe SenateSenate reconsiderreconsider the ordinance. If such a request for reconsideration is filed, the ordinance isis suspended, andand becomesbecomes effectiveeffective only if re-approved by a majority vote of the Senate.

Article 20. Meetings, Attendance,Attendance, Voting, andand Quorum Section 1. The SenateSenate shall hold a regular monthlymonthly meeting on a day and at a time set by ordinance. Section 2. Every senatorsenator isis requiredrequired toto attend the meetings of the Senate. Section 3. Every senatorsenator hashas thethe rightright to vote when present at a meeting of the Senate except in casescases of conflict of interest specified byby anan ordinance. Section 4. A quorum andand forfor thethe votevote toto bebe validvalid shallshall consist of seven (7) members of Senate to be present. Section 5. No senatorsenator permanently connectedconnected withwith anyany partyparty speciallyspecially and directly affected by aa mattermatter before thethe SenateSenate maymay votevote onon thethe mattermatter withoutwithout the approval of a majority of the remainingremaining senators present at the time of the vote.

Article 21. SpecialSpecial Meetings Section 1.I. A special meeting of the Senate may be calledcalled by: a. the President; b. Chair of Senate; or c. three senators. Section 2. If the President callscalls a specialspecial meeting,meeting, hehe shallshall chairchair thethe meeting of the Senate during thethe specialspecial meeting.

Article 22. OpennessOpenness of Meetings Section 1.I. The meetings of the Senate and its committees are all ordinarilyordinarily openopen to the public. To thisthis end,end, thethe placeplace and timetime ofof each meeting are publiclypublicly announcedannounced atat least oneone monthmonth in advance. Section 2. Closed Sessions ofof aa meeting,meeting, shallshall be be to to anyany personspersons otherother thanthan senators, the President, and thethe Vice President to any portion ofof a meeting of the Senate, only if approved by the Chairperson and two-thirdstwo-thirds ofof the the senatorssenators inin office.office. Section 3. The recordsrecords ofof all votes in the SenateSenate shall be publicly available toto all TribalTribal citizens of the FernandefioFemanderio TTataviam ataviam Band of Mission Indians.

Chapter 5 The Treasurer ofof the Tribe

Article 23. Role

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The TreasurerTreasurer of the TribeTribe hashas broadbroad responsibilitiesresponsibilities and authority inin thethe areasareas of investment and finance of the FernanderioFernandefio Tataviam Band of Mission Indians.

Article 24. Election Section 1. The TreasurerTreasurer isis selected by secret ballotballot votevote ofof thethe FernandefioFernanderio Tataviam people. Section 2. To bebe electedelected Treasurer, a candidate must receive more than one-half of the valid votes cast. Section 3. The termterm ofof office office of the the TreasurerTreasurer isis fourfour years.years. Section 4. The Treasurer takestakes office onon the first Monday in June.

Article 26. ResponsibilitiesResponsibilities of Treasurer The Treasurer of the TribeTribe shallshall bebe the custodiancustodian ofof all all monies, which may come into the control of the Tribal President,President, TribalTribal Senate,Senate, boards,boards, commissions,commissions, and other TribalTribal agenciesagencies dealing with finances.

Article 27.2Z RelationshipRelationship withwith PresidentPresident and Senate Section 1. The TreasurerTreasurer shallshall pay out money in accordance with ordinances and resolutions of the Tribal Senate. Section 2. The TreasurerTreasurer shallshall keep an account ofof all all receipts and disbursements, and shallshall report the same to the Tribal Senate monthly. Section 3. The financialfinancial records of the Treasurer shall be subjectsubject toto auditaudit or inspection at the direction of the Tribal PresidentPresident oror byby Tribal Senate.

Article 28. Removal From Office Section 1. The TreasurerTreasurer shallshall be removed from office if, upon the vote of at least two­two- thirds of thethe enrolledenrolled citizenscitizens eligible toto vote and the agreement of at least two-thirds of the Senate, it is determined thatthat unmistakableunmistakable evidenceevidence showsshows he cannot oror willwill notnot fulfillfulfill thethe responsibilitiesresponsibilities of his office, whetherwhether for physical, mentalmental or other reasons.reasons. Section 2. If the Treasurer convictedconvicted of a potential or alleged infringement, or incapacitated, the President shallshall appointed oneone SenateSenate membermember toto serveserve asas Acting Treasurer. If the Treasurer is removed from oror forfeitsforfeits hishis office,office, the PresidentPresident shallshall callcall aa specialspecial election for office of Treasurer.

Article 29. CandidacyCandidacy Section 1. Any citizen of the tribe eligibleeligible to vote may be a candidate for Treasurer provided he submits a declaration of candidacy at least fourfour months before the election in which he wishes toto be a candidatecandidate for President.President. OtherOther qualifications qualifications forfor candidatescandidates forfor tribaltribal officeoffice shall be established by tribal ordinance. Section 2. Any person who becomes an enrolled citizen of thethe Tribe after ratification of this constitution shallshall bebe eligible to run forfor TreasurerTreasurer only after a period ofof four years of uninterrupted enrollment.

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ChapterChapter6 6 The President and Vice President

Article 30. Role The PresidentPresident ofof thethe Tribe isis thethe principalprincipal representativerepresentative of the FernanderioFernandefio Tataviam people and theirtheir chiefchief magistrate.

Article 31. Election Section 1. The PresidentPresident isis selected by secret ballotballot votevote ofof thethe FernandefioFernanderio Tataviam people. Section 2. To bebe elected President, a candidate must receive moremore thanthan one-half of the valid votes cast. Section 3. The ViceVice President of the Tribe isis selectedselected by majority vote of the Senate. Section 4. The termterm ofof office office of the President is four years andand the term of office of the Vice President isis two years.years. Section 5. The PresidentPresident and Vice President shall take officeoffice onon thethe firstfirst MondayMonday in June.

Article 32. Presidential Powers andand Duties Section 1. The powerspowers and duties of the President are to: a. chair the meetings of the FernanderioFernandefio Tataviam People; b. called and chair special meetings of the Senate; c. oversee thethe executiveexecutive administration administration of the tribe; d. appoint thethe membersmembers of commissions andand boards and the judges of the tribal courts with the approvalapproval of the Senate;Senate; e. appoint tribaltribal officersofficers of agencies withwith thethe approvalapproval ofof thethe SenateSenate andand removeremove themthem at his discretion; f. oversee thethe Tribe'sTribe's relations withwith otherother governmental entities,entities, including other tribes, the State of California, and thethe UnitedUnited StatesStates ofof America; g. negotiate intergovernmental agreements andand ratifyratify themthem withwith the approval of the Senate; h. submit proposed ordinancesordinances for consideration by the Senate;

1.i. propose initiatives and referenda for evaluation by the voters, in accordance with Article 10; j. propose the tribal budget for consideration by the Senate; k. on behalf of the Tribe, accept grants andand donations made to the Tribe byby anyany person or state or the ;States; and 1.I. advise thethe SecretarySecretary ofof thethe InteriorInterior onon allall activitiesactivities that that maymay affectaffect the the Tribe,Tribe, and on all Federal appropriationappropriation estimates andand Federal projectsprojects forfor thethe benefitbenefit ofof thethe Tribe.

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Section 2. The PresidentPresident shall prepare an AnnualAnnual TribalTribal Budget andand presentpresent itit to the Senate for approval. Approval shallshall requirerequire aa majoritymajority votevote ofof thethe Senate.Senate. Rejection,Rejection, amendmentamendment or alteration shallshall bebe consideredconsidered byby legislativelegislative act subject to executive veto. Such veto shall be overridden only byby an affirmativeaffirmative vote of at least seven (7) members of the Senate.

Article 33. ResponsibilitiesResponsibilities of Vice President The ViceVice President shall assist thethe PresidentPresident inin the administration of tribal business and replace thethe President inin his absence, inin accordanceaccordance with with thethe ConstitutionConstitution and is the chairperson of the Senate.

Article 34. Relationship with Senate Section 1. The SenateSenate may request the information andand assistanceassistance it needs from the President, the tribaltribal staff, and any agency under the control ofof the executiveexecutive authorities. Section 2. The PresidentPresident shallshall have access toto thethe meetings of the Senate and its committees, and is entitledentitled to be heard in them.

Article 35.35. Immunity,Immunity, and Liability Section 1. Neither thethe PresidentPresident nornor thethe Vice Vice PresidentPresident shallshall bebe subject to civil,civil, criminal, or other disciplinarydisciplinary proceedings because of the opinions expressed inin the performance of his duties. Section 2. Neither thethe PresidentPresident nornor the the Vice Vice PresidentPresident maymay bebe subjectedsubjected toto civilcivil suit or criminal prosecution by the TribeTribe duringduring his his termterm in in officeoffice absentabsent compellingcompelling evidenceevidence of criminal conduct. AA President President convicted convicted following following aa criminalcriminal prosecutionprosecution thusthus authorizedauthorized forfeits forfeits hishis office.office.

Article 36.36. Tribal Executive StaffStaff The membersmembers of the tribaltribal executiveexecutive staff operateoperate underunder thethe direction of the President. They serve thethe tribal interest with objectivityobjectivity and actingacting inin accordanceaccordance withwith thethe principlesprinciples ofof efficiency, efficiency, participatory management, decentralization, and coordinationcoordination whilewhile fullyfully complying with tribal ordinances and policies.policies.

Article 337. 7. Removal From Office Section 1.1. The PresidentPresident shallshall be removed from office if, upon the vote of at least two-two­ thirds of the enrolledenrolled citizenscitizens eligible toto vote and the agreement of at least two-thirds of the Senate, it isis determined thatthat unmistakableunmistakable evidenceevidence showsshows he cannot oror willwill not fulfillfulfill thethe responsibilitiesresponsibilities of his office, whetherwhether for physical, mentalmental or other reasons. Section 2. If the President isis incapacitated,incapacitated, thethe ViceVice PresidentPresident shallshall serveserve as Acting President. If the PresidentPresident isis removedremoved fromfrom oror forfeits forfeits hishis office,office, the ViceVice President shallshall assume office forfor thethe remainderremainder ofof thethe President'sPresident's term.term. ItIt shall shall bebe thethe Senate'sSenate's responsibilityresponsibility to determine, by two-thirds vote, whether thethe PresidentPresident isis incapableincapable ofof fulfilling his duties. Section 3. In casecase of a vacancy in the Vice Presidency, Secretary of the Senate shall assume office for thethe remainder of the Vice President's term.

Article 38.38. Candidacy

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Section 1. Any citizen of the tribe eligible to vote may be aa candidate for President provided he submits a declaration of candidacy atat leastleast fourfour monthsmonths before the election in which he wishes toto be aa candidatecandidate forfor President.President. OtherOther qualifications qualifications forfor candidatescandidates forfor tribaltribal officeoffice shall be established by tribal ordinance. Section 2. Any person who becomes anan enrolledenrolled citizencitizen ofof thethe TribeTribe after ratification of this constitution shallshall be eligible toto runrun for President, or be appointed Vice-PresidentVice-President only after a period of four years ofof uninterrupteduninterrupted enrollment.

Chapter 7 The Judiciary

Article 39. Courts Section 1. The SenateSenate shall shall establishestablish aa separateseparate branch branch of of government government — - thethe Judiciary Judiciary — - consisting of thethe FernandefioFernanderio TataviamTataviam TribalTribal Court,Court, the Tataviam Court ofof Appeals, andand any additional courts,courts, asas the Senate deems appropriate. Section 2. It shall be the duty of all courts establishedestablished underunder thisthis sectionsection toto interpretinterpret and enforce the Constitution and thethe tribaltribal laws.laws. DecisionsDecisions of the courts shall be binding on all public and private bodiesbodies and shallshall prevail over thethe decisions ofof allall otherother tribaltribal authorities. Section 3. The subordinate courtscourts shall be remove uponupon the vote of at least two-thirdstwo-thirds of the Tribal citizenscitizens registered toto votevote andand by atat leastleast two-thirdstwo-thirds ofof thethe Senate,Senate, itit is determineddetermined by evidence thatthat subordinate court is not functional oror practicable.practicable. Section 4. An ordinance establishes thethe operationoperation andand jurisdictionjurisdiction ofof thethe courts. The Senate may alsoalso byby ordinanceordinance provideprovide forfor alternativealternative methods methods of of dispute dispute resolutionresolution thatthat dodo not involve the courts.

Article 40. Judgesjudges Section 1. When initiallyinitially appointed by the President and approved by Tribal Senate, a judge serves for for a a probationary probationary term term of offour four years.years. His His appointment appointment becomesbecomes permanentpermanent atat thethe end of this term unless,unless, during itsits final year, the Senate determines, by an affirmative vote of a majority of the senators in office, thatthat hehe notnot continue in office afterafter thethe completioncompletion ofof thethe probationaryprobationary term. Section 2. Once his appointment becomes becomes permanent, aa judge'sjudge's officeoffice ends when she or he retires, is convicted of a felony, or is authoritatively judged-injudged—in accordance with procedures embodied in an ordinance—toordinance-to bebe unwillingunwilling or unable to perform the functions associatedassociated with her or his office. AnAn ordinanceordinance establishes proceduresprocedures forfor dealingdealing with with thethe temporarytemporary incapacity of judges.

Article 41. AuthorityAuthority Section 1. In matters brought beforebefore them forfor decision, the courts may not applyapply rulesrules contravening the Constitution oror thethe principlesprinciples it contains.

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Section 2. The courtscourts areare justly to apply any valid ordinance that is consistent withwith the Constitution, interpretinginterpreting it it fairly fairly and,and, inin cases cases ofof ambiguity, ambiguity, with active concern for the interests of justice. In thethe absenceabsence of explicit legislation, thethe ongoing judicial development ofoflegal legal norms fostersfosters flexible andand sensitive resolutionsresolutions ofof publicpublic andand private disputes in accordance with tribal values and traditions. Section 3. Decisions of the courts are binding on allall public and privateprivate bodiesbodies and prevailprevail over the decisions of all otherother authorities.

Article 42. ProceduresProcedures The proceduresprocedures ofof the the TribalTribal courtcourt hearings hearings areare publicpublic exceptexcept when aa judge may call the closure of some or all proceedings is necessary toto protectprotect thethe privacy ofof aa defendantdefendant or witness who requests it.

Chapter 8 Elections

Article 43. ElectionElection ProceduresProcedures Section 1. Regular elections of senators shall take place every fourfour yearsyears onon thethe first Sunday in April; half of the the SenatorialSenatorial electionelection seatsseats shallshall taketake placeplace everyevery twotwo years.years. Section 2. Regular elections for President and Vice President shallshall taketake placeplace every four years onon the first Sunday in April. Section 3. All elections shall bebe conductedconducted by secret ballot. Section 4. At least six weeks beforebefore eacheach election,election, thethe Senate shall publiclypublicly notify all tribal citizens when the election will occur, identifyidentify allall polling places as wellwell asas thethe methodsmethods of voting available to absentees. Section 5. A person interested in running for President or senator must submit a declaration of candidacy at least four months before the electionelection in which hehe wisheswishes to be a candidate. Section 6. At least three months beforebefore each election, the Senate shall publicly announce the candidatescandidates forfor allall offices.offices. Section 7. Observers designated by the candidates, and other observersobservers as determineddetermined by tribal ordinance, havehave the rightright toto observeobserve thethe countingcounting of of all all ballotsballots andand toto challengechallenge irregularitiesirregularities in the counting process.process. Section 8. After the ballots in aa given election have beenbeen counted, the ElectionElection Commission shall publicly announce the vote total for each candidate. Section 9. All elected or appointed officialsofficials shall taketake thethe oath before entering his designate office.

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Chapter 9 Amendment of the Constitution

Article 44.44 ProposalProposal An amendment to the ConstitutionConstitution maymay bebe proposedproposed in thethe samesame manner asas a tribal ordinance.

Article 45. Adoption To bebe valid, an amendment mustmust bebe approvedapproved byby aa secretsecret ballot vote of a least two-thirds of the Senate and two-thirds of the registered tribaltribal citizenscitizens voting voting onon thethe proposedproposed amendment.amendment.

Chapter 10 Sovereign Immunity

Article 46. SovereigitySovereigity Section 1. Sovereign Immunity.Immunity. NothingNothing inin thisthis ConstitutionConstitution shall shall bebe construedconstrued toto waivewaive The Tribe'sTribe's inherentinherent Sovereign Sovereign Immunity from from suitsuit unlessunless expresslyexpressly statedstated toto the contrary. Such immunity shallshall extend toto thethe Tribe'sTribe's subdivisionssubdivisions and corporations,corporations, andand any any officials officials or employeesemployees acting within thethe scopescope of their duties,duties, exceptexcept to thethe extentextent thatthat the the Tribal Tribal Senate Senate expressly expressly waiveswaives by law such Sovereign Immunity.Immunity. Section 2. Immunity fromfrom Suit by Foreign Parties.Parties. The government of the Tribe, its subdivisions, and its corporations, and officials andand employees actingacting withinwithin thethe scope of their duties shall be immune from suit brought byby any foreign entity, government, or person, except to the extent that thethe TribalTribal SenateSenate expresslyexpressly waiveswaives immunity immunity byby law.law. For purposes of this section, foreign entity or government shall bebe understoodunderstood toto denotedenote anyany entityentity oror governmentgovernment otherother thanthan the Tribe. Section 3. Immunity from Suit by Tribal Citizens. The governmentgovernment of the Tribe, its subdivisions, and its corporations, and officers oror employees actingacting withinwithin thethe scope of their duties shall be immune from suitsuit exceptexcept to thethe extentextent thethe JudicialJudicial BranchBranch deemsdeems necessarynecessary to enforce in equity exclusively the the rightsrights andand responsibilitiesresponsibilities arising arising under under this this Constitution. Constitution. Section 4. Waiver of Sovereign Immunity Immunity fromfrom Suit.Suit. TheThe TribalTribal SenateSenate alonealone shallshall have the power to waive by lawlaw thethe SovereignSovereign Immunity Immunity ofof thethe Tribe,Tribe, its subdivisions, andand corporations.

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