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Constitution of the Fernandeno Tataviam Band of Mission Indians

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Constitution of the Fernandeno Tataviam Band of Mission Indians 0 att )40' 41° ,-,-, : 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 Mission Indians 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 California, 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 San Fernando Valley, 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. Page 22of16 of 16 Tribal ConstitutionConstitution II FernanderioFernandefio Tataviam Band of Mission IndiansIndians 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. Page 33of16 of 16 Tribal ConstitutionConstitution II FernanderioFernandefio Tataviam Band of Mission IndiansIndians 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
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