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By-laws
of The United Cherokee Nation (UCN):
1.
NAME AND LOCATION OF ORGANIZATION
The
name of the organization is The United Cherokee
Nation (UCN). The headquarters or tribal
office of The United Cherokee Nation is located in
Lake Havasu City, Arizona until a New National /
Principal Chief may be appointed. A
permanent Eastern tribal office will be in the
state of Georgia as required for our
future incorporation as a 501(c)3 Not for
Profit Corporation in Georgia, and for
the future gifting by the State of Georgia and
the establishment of our new tribal cultural
center leasehold at Zirkel, near the
town of Patterson, Georgia.
2.
TRIBAL MEMBERSHIP ORGANIZATION
The
United Cherokee Nation (UCN) was formerly
constituted under The United Indian Nation, LLC. and
was reorganized as The United Cherokee Nation (UCN),
a Cherokee Tribal Membership Organization, under
the:
*The
American Indian Religious Freedom Act of 1978
*The
Free Exercise Clause of the First Amendment
*The
Free Exercise Clause of The 1968 Indian Civil Rights
Act
The
United Cherokee Nation (UCN) will be referred to in
the By-Laws as the “organization”.
3.
PURPOSE AND FUNDING
The
organization is organized to plan, implement, and
administer, operate, and evaluate programs to carry
out the object and purpose of the organization to
assist in and promote the “Gathering” of the
Cherokee Indians and to promote and study the
heritage of it’s people for the general benefit
and good in the community, in the state and in the
nation and to improve the quality of life, to
promote cultural events, and to preserve the
heritage of the Cherokee Indian Nation. In
carrying out its purpose, the organization may seek
out and accept voluntary contributions, obtain city,
county, state and federal government grants, awards
or other funding, public funding, private funding
and grants, awards or other funding from private or
public charitable organizations and
foundations.
4.
MEMBERSHIP
4.1.
MEMBERSHIP DEFINED.
The
membership of the organization shall be open to all
persons of Cherokee ancestry. In
order to not perpetuate the injustices against, and
the divisions among, those American citizens who are
descendants of the Cherokees, which are collectively
mis-named “Indian” by the European conquering
peoples of the Americas, not to view these citizens
of Cherokee descent as legal or governmentally
designated beings of the United States - rather than
racial human beings such as are all other races in
America so recognized - the organization therefore
accepts the integrity and veracity of the Cherokee
descendants. All
members shall abide by the organization articles and
Bylaws of the organization.
4.1.a
FULL MEMBERS
Full
Members are defined as those that have paid the
initial membership fee, hold a picture ID
Card and are current on their dues and are over
the age of 18 years old. These members are eligible
to hold office and to vote in all tribal elections
of the organization. Once the membership fee is
paid, dues are assessed yearly to support the
organization.
4.1.b
FULL MEMBERS-MINORS
Full
Members-Minors are defined as those that have paid
the membership fee and are current on their dues and
are under the age of 18 years old. These
members are not eligible to hold office or to
vote in all tribal elections of the organization.
Once the membership fee is paid, dues are assessed
yearly to support the organization.
4.1.c REGISTERED
MEMBERS
Registered Members
are defined as those that have not paid the initial
membership fee, do not hold a picture ID
Card and are current on their dues and are of
any age. These members are not eligible to hold
office or to vote in all tribal elections of
the organization. These members are added to the
rolls of the tribe but have not paid for membership
or a picture ID Card. Yearly dues are required of
all members.
4.1.d
CONVERSION OF REGISTERED MEMBERS TO FULL MEMBERS
A
Registered member must pay the membership fee and
receive their picture ID Card to become a Full
Member.
4.2.
PROOF OF INDIAN ANCESTRY.
Proof
of Cherokee ancestry will not be required by the
Tribal Council prior to approval of the application
or at any time during the period of active
membership of the member. A
completed notarized application is a sworn testimony
that the applicant is of Tsalagi (Cherokee)
origin. Further
documentation is recommended for the applicant’s
personal family records.
4.3.
ASSOCIATE MEMBERSHIP
Non-Cherokees
are eligible for associate membership in the
organization. Associate
members, eighteen (18) years of age or older, have
all of the privileges of full members except they
cannot vote nor hold an office.
4.4.
SPOUSES OF FULL MEMBERS.
Spouses
of full members are automatically accepted as
associate members of the organization should they
choose to register.
4.5. APPLICATION
FOR MEMBERSHIP.
Prior
to becoming a member or associate member of The
United Cherokee Nation (UCN), a prospective member
shall complete and submit to the Tribal Council, an
application that has been signed and notarized by an
official notary. The
application shall be on a form approved by the
Tribal Council. The Tribal Council will review
the application, and issue statements of fact; and
issue tribal membership cards. In
the event there is no local Clan, applicants will
have to established a new clan. Then, a Clan
Chief will be appointed by the Tribal Council.
4.6.
APPROVAL OF NEW MEMBERS.
The
Tribal Council shall review and evaluate all
applications for membership in the
organization. The
Tribal Council will file the original applications,
along with additional updates, addresses, or
personal information changes.
4.7.
MEMBERSHIP COMPLIANCE WITH RULES.
All
members shall abide by the rules and regulations of
The United Cherokee Nation (UCN), it’s bylawsand
it’s articles of the organization.
4.8.
HONORARY MEMBERS.
The
membership or the Tribal Council may designate a
person as an honorary member based upon their
contributions, either financial or by service to the
organization.
4.9.
INACTIVE MEMBERS.
The
Tribal Council can review and suspend membership
based upon being inactive, or not providing updated
information. A member of The United Cherokee Nation
(UCN) that has been inactive may apply for active
membership in the organization by providing written
notice of the desire to be a member of the
organization and a photocopy of their latest
membership card.
4.10.
EVIDENCE OF MEMBERSHIP.
Persons
accepted for membership in the organization will be
assigned a permanent identification number. A
permanent file will be maintained by the
organization containing that person’s application
and birth certificate. Termination of activity,
suspension, revocation of membership, or death of a
member will
be entered in this file and kept for
posterity.
4.11.
MEMBERSHIP CONFLICTS.
No
person who is a member in good standing of this
organization shall be a member of any other
corporation, group, association, or organization
whose purposes are contrary or in conflict with the
organization as may be determined by the Tribal
Council. The
violation of this amendment is grounds for
revocation of membership by a vote of the Tribal
Council.
4.12.
REMOVAL OF A CLAN LEADER.
A Clan
Leader may be removed from office for an additional
assignment, advancement, or to take his/her place in
the general membership by the Principal Chief and
the Tribal Council. A
Clan Leader will then be called to fill the
position.
4.13.
ELIGIBLE FOR OFFICE.
All
members who are full members as defined in these
bylaws who are eighteen (18) years of age and above
shall be deemed eligible to hold office in the
organization.
5.
COMPLAINTS, ACCUSATIONS AND HEARINGS.
5.1.
COMPLAINTS AGAINST MEMBERS.
Any
member may make in writing to the Tribal Council an
accusation against any other member of the
organization on his knowledge that such other member
is violating the terms of his membership or acting
against the best interest of The United Cherokee
Nation (UCN) and request that the Tribal Council
inquire into the truth of such allegations. The
Tribal Council shall review the complaint or
accusation to determine the truth and accuracy of
such complaint and to determine what, if any, action
the Tribal Council should take regarding such
complaint or accusation. The
Tribal Council shall have the right to dismiss the
complaint without forwarding it to the
membership. The
member who is being investigated shall, during the
investigation, retain his membership in good
standing with all rights and privileges until and
unless the Tribal Council shall vote
otherwise.
5.2.
SUSPENSION OR REVOCATION.
A
person’s membership, full, associate, or honorary,
may be suspended or revoked by the Tribal Council
for just cause as a result of a written complaint or
upon it’s own motion.
5.3.
HEARING.
Upon
the filing of a written complaint, the
recommendation of the membership, or upon it’s own
motion, the Tribal Council may notify a member that
it proposes to suspend or revoke his or her
membership for just cause, such person shall be
provided an opportunity for a hearing before the
Tribal Council.
5.4.
GROUNDS FOR SUSPENSION OR REVOCATION.
A
person’s membership may be suspended, revoked or
otherwise sanctioned for any willful action that
violates the terms of membership or by willfully
acting against the best interest of the
organization.
5.5.
GROUNDS FOR REMOVAL OF NAME FROM MEMBERSHIP ROLLS.
A
member’s name shall be removed from the
organization rolls of members if such member fails
or refuses to pay any membership or special
assessment of dues established by the members. A
member may be reinstated upon the payment of any
delinquent membership dues or assessments.
5.6. TERMINATION
OF MEMBERSHIP.
Upon
suspension or revocation of membership by the
members, the member shall cease to be a member for
such time as the suspension shall be in force or
until reinstated or readmitted. A
suspended member shall automatically be reinstated
upon termination of the period of suspension unless
the Tribal Council shall determine that it is in the
best interest of the organization that his
membership be revoked, at which time the Tribal
Council shall submit to the members their
recommendation for revocation and the reason or
reasons upon which same is based. A
revoked member may not reapply for membership for a
period of one year from the date of
revocation. He
shall reapply as any other person seeking membership
in the organization, unless voted out for
life. Termination of membership of a member of
a family belonging to the organization shall not be
deemed to be the termination of the membership of
the family.
5.7.
MEMBERSHIP CREDENTIALS.
Upon
suspension or revocation, the members shall
surrender his membership credentials and all
documents in his possession belonging to The United
Cherokee Nation (UCN) and all rights and privileges
shall cease during the period of suspension or
revocation.
5.8.
PUBLICATION.
Deleted
January 07, 2008
6.
MEMBERSHIP DUES OR SPECIAL ASSESSMENTS
6.1. DUES AND
ASSESSMENTS.
The membership may establish membership dues or special assessments
that shall be paid by all members. All
members are required to pay yearly dues by vote of
the Tribal Council. All dues, fees
and assessments shall be established by the Tribal
Council and shall be evaluated, reviewed, and
published each year. Yearly dues for
adult members shall be $ 15.00 and for children
under 18 years old $ 7.50 per year. Dues for all
members are due and payable on January 01 of each
calendar year. Dues are considered overdue as of
March 31, members who do not pay their dues by this
date will be moved to the inactive list.
Amended March 31, 2009
6.2. WAIVER
OF DUES AND ASSESSMENTS.
The
Tribal Council may, for good cause, waive the
payment of dues or special assessments by any member
provided special circumstances are demonstrated. Members
must write to the Tribal Council requesting waiver
of dues for each member and or child,
this request must state reasons why the waiver
should be granted and be demonstrated to the Tribal
Council as to why the member cannot support the
organization financially. Members granted waiver are
restricted from voting and of holding office until
dues are brought current.
6.3. INITIAL
APPLICATION FEE.
A
non-refundable initial application fee for a new
application for membership shall be established by
the Tribal Council. For
Full Members the initial application fee is $35.00,
$15.00 is for the first year dues and $ 20.00 is for
the membership package and picture ID card. For Full
Members-Minors, children up to 18 years
old, the initial application fee is $27.50,
$7.50 is for the first year dues and $ 20.00 is for
the membership package and picture ID card.
6.4. ADDITIONAL
MEMBERSHIP CARDS.
The
fee for additional or replacement picture
ID membership
cards shall be established by the Tribal Council. The
fee is $12.25 for an additional or replacement
picture ID Card.
6.5. INACTIVE
MEMBERS.
Inactive
members of The United Cherokee Nation (UCN) that
apply for active membership in the organization are
not required to pay an initial application
fee. The
fee for new membership cards for inactive members
shall be established by the Tribal Council.
6.6.
LOST OR DAMAGED MEMBERSHIP CARDS.
Deleted
January 07, 2008 covered by 6.4
7.
BOARD OF DIRECTORS.
7.1.
MEMBERS.
The
Tribal Council shall be comprised of The Principal
Chief, Assistant Principal Chief, the National
Tribal Secretary, and The Twelve (12) Elders. A
member of the Tribal Council shall preside over
it’s meetings by priority set forth in listing
below. The
Tribal Council is constituted as follows.
(A)
Principal Chief (Chief Executive Officer/Owner)
(B)
Vice Principal Chief
(C)
National Secretary
(D)
The Twelve Elders
(E)
State Clan Chiefs
(F)
Assistant State Clan Chiefs
(G)
State Clan Secretaries
7.3.
TERMS OF OFFICE.
Members
of the Tribal Council shall serve until their
successors shall have been called and qualified as
set out herein.
7.4.
RULES AND REGULATIONS.
The
Tribal Council shall make such rules and regulations
as may be necessary to carry out their function or
to do anything which may benefit the organization
including but not limited to establishing procedures
and requirements to maintain membership
participation. The
rules and regulations shall not be contrary to law,
the articles of the organization or these
bylaws. A
rule, policy or regulation may be modified, amended
or repealed by the Tribal Council in the best
interest for the members of the organization.
7.5.
DUTIES OF THE Tribal Council.
The
Tribal Council, in its discretion, shall regulate
and supervise the day to day affairs of the
organization, attend to all internal affairs of the
organization and shall have power bestowed upon it
by law. It
shall create and terminate contracts, and in
addition to the powers expressly conferred upon it
by these laws, it may exercise all of the powers of
the organization and do all such lawful acts and
things as are not by stature or the charter or these
laws required to be exercised or done by the
members, including but not limited to:
(1)
Meeting as often as necessary to carry on the
day-to-day business affairs of the organization.
(2)
Establishing personnel and operational policies to
guide the Clans and Tribe in the conduct of their
affairs;
(3)
Coordinating and, if necessary, arbitrating
complaints and disputes which cannot be resolved by
the members, and, when necessary, recommending
disciplinary action:
(4) Entering
into and termination of contracts and agreements;
and
(5)
Providing policy guidance to the disbursements of
funds by the Tribal Council.
7.6.
REMOVAL FROM OFFICE.
A
Tribal Council members or officer may be removed
from office by a vote of no-confidence by two-thirds
(2/3) majority of the Tribal Council or by a
calling, advancement, or to take his/her place upon
the general membership for the express purpose of
that member. Special
meetings shall be called as provided for herein and
for the purpose of removing a Tribal Council member
the Tribal Council or the membership must have at
least thirty (30) days written notice prior to the
date of said meeting. If
there is a conflict between a vote of the Tribal
Council, the vote of the Principal Chief will
prevail unless the Principal Chief is being removed.
8.7.
VACANCY.
If a
vacancy occurs (other than the Principal Chief), the
Principal Chief shall recommend to the Tribal
Council a person to fill the vacancy. Upon
the approval of the Tribal Council, that person to
fill the unexpired term. In
the absence or inability of the Principal Chief to
discharge the duties of the office, such duties
shall be performed by the Vice-Principal
Chief. If
the Vice Principal Chief is
unable to serve, the Tribal Council, at a called or
regularly scheduled meeting, shall designate, by
majority vote, the person(s) to perform the duties
of the Principal Chief for the unexpired term of
office.
9.
DUTIES OF OFFICERS
9.1.
PRINCIPAL CHIEF
The
Principal Chief shall be the Chief Executive Office
of the organization and the Chairperson of the
Tribal Council and shall preside at all
meetings. The
Principal Chief shall give direction to the
organization and operation of The United Cherokee
Nation (UCN). The
Principal Chief, subject to ratification by the
Tribal Council, shall appoint the individuals to the
positions provided for in the bylaws; appoint the
members and, if appropriate, approve payment of
funds in an emergency; and be an ex officio member
of all committees. The
Principal Chief may appoint a temporary Clan leader,
from the active members of that Clan who are
eligible hereunder to serve
9.2.
VICE PRINCIPAL CHIEF
The
Vice-Principal Chief shall assume the duties of the
Principal Chief upon the absence or disability of
the Principle Chief; and shall serve in such other
capacities as the Principal Chief may direct.
9.3.
SECRETARY.
The
Secretary shall keep a record of the members,
including names, addresses and telephone numbers;
record attendance at meetings; record the minutes of
the meetings of the membership and the Tribal
Council; shall notify members of their appointment;
shall send out notices of meetings of the membership
and Tribal Council; and shall provide copies of the
minutes of such meetings to each member; and shall
conduct such correspondence as the membership and
the Tribal Council shall direct and be custodian of
the Seal of The United Cherokee Nation (UCN).
The
Secretary of the organization shall keep an accurate
and up-to-date roster of all members of this
organization and shall at least once a year cause a
copy of such roster to be printed and placed in the
hands of all Chiefs of the organization pertaining
to their Clan. Furthermore,
the Secretary shall keep an accurate record of all
Clans belonging to this organization.
9.4. PRINCIPAL
TRIBAL MOTHER
Deleted
March 31, 2009
10.
OPERATIONS
10.1.
DIVISIONS.
The
United Cherokee Nation (UCN), if authorized by
Tribal Council, may operate its business affairs in
operational divisions. Each
division may have such employees, supervisors, and
volunteers as may be needed to carry out its
functions. Each
such division shall be subject to the Tribal Council
and membership. Each
division manager or supervisor shall report to the
Principal Chief. The
Tribal Council shall adopt rules, regulations,
policies and procedures that may be necessary to
govern the operations of each division.
10.2.
COMPENSATION RESTRICTIONS.
No
member of this organization shall be entitled to any
portion of the net earnings of the organization
except as in form of grants or scholarships as
provided in these laws. However,
this organization may pay a member of this
organization for expenses for services rendered to
it. The
organization may also employ members of the
organization to perform specific tasks, as
designated by the Tribal Council, paying them in
funds designated for that purpose.
10.3.
CONTRACTS.
All
contracts shall be approved by the Principal Chief
and no loans shall be made by any officer of the
organization or any loan secured on behalf of the
organization without the authority of the Principal
Chief and no mortgage, deed to secure debt, deed
note or other legal document whatsoever shall be
executed except upon the authority of the Principal
Chief.
10.4.
RESERVATION.
Any
land designated as “reservation” by the
organization will be designated on the deed as owned
by the organization. The
deed and/or mortgage will be placed in the hands of
the Principal Chief and approved by the Tribal
Council. Rules
and restrictions may be authorized by the Tribal
Council.
10.5.
REPORTING.
Funds
raised by Clans, where the name or logo or Tax ID of
the organization is not exploited, may be kept by
the Clan treasury. All
Clan funds and gifts in kind must be accounted for
and reported to the National Treasurer or The
Principal Chief by January 10th of
each year, by a ruling of the internal revenue
service of the U.S. government.
10.6.
DONATIONS
Once
we are a 501c3, all
that have given contributions to The United Cherokee
Nation (UCN) will receive a tax receipt by Jan. 31st of
the following year as set in the laws of the
Internal Revenue Service. All
financing put out by the Clans or members will be
counted as a donation, unless designated by the
Tribal Council to reimburse the appropriate person
or Clan.
Amended
March 31, 2009
11.
MEETINGS
11.1.
ANNUAL MEMBERSHIP MEETING.
The
annual meeting of the members of the organization
shall be held in various locations, on a day, and at
a time designated by the Tribal Council.
11.2.
NOTICE OF ANNUAL MEETING.
A
regular notice of the annual meeting shall be mailed
to each members of record at his address as it
appears upon the records of the organization
directory no less then two weeks prior to the
meeting by the Secretary of the organization or by
such other person designated by the Tribal
Council.
11.3.
REGULAR MEETING OF TRIBAL COUNCIL.
Regular
meetings shall be held monthly or as more often as
the Tribal Council deem necessary at such time and
place as shall be determined by the Tribal Council
and may be held in conjunction with the regular
monthly meeting of the members.
11.4.
SPECIAL MEETINGS OF THE TRIBAL COUNCIL OR
MEMBERSHIP.
A
special meeting of the Tribal Council or the
membership may be held at the call of the Principal
Chief or the Secretary or by a majority of the
Tribal Council or upon the call by petition of any
fifty members of the organization. Special
meetings shall be held in a place, date, and time
designated in the call.
11.5.
NOTICE.
A
regular or special meeting of the Tribal Council or
the membership shall require a ten (10) day written
notice. This
notice may be waived for emergency called meetings
provided reasonable notice has been given, a quorum
is present and those councilors or members present
sign a waiver of the written notice
requirement.
11.6.
SPECIAL MEETING BUSINESS.
The
business to be transacted at all special meetings of
the Tribal Council or the membership shall be
confined to the matters set forth in the notice of
the meeting. This
restriction shall not apply if there are two-thirds
(2/3) of the members present at the meeting.
11.8.
DISRUPTION OF MEETINGS.
No
member of this organization shall be allowed to
remain at any meeting or at any function of the
organization or otherwise be allowed to participate
in any way in any meeting or function while drinking
any alcoholic beverage or under the influence of any
drug or alcohol or while in possession of any drug
or alcohol, unless such drugs are prescribed by a
doctor. Likewise,
no guest shall be allowed to remain or participate
as specified above while drinking or using, being
under the influence of or in possession of any drug
or alcohol, unless such drugs are prescribed by a
doctor.
11.9.
OPEN MEETINGS.
All
meetings of the Tribal Council shall be open to
members.
13.
RULES AND REGULATIONS
The
Tribal Council may adopt such reasonable rules and
regulations as may be necessary and appropriate to
carry on the business of the organization. Unless
in conflict with these bylaws all meetings of the
organization shall conform to these laws .
14.
INDEMNIFICATION
Each
person who was or is made a party or is threatened
to be made a party to or is otherwise involved in
any threatened, pending or completed action, suit of
proceeding, whether civil, criminal, administrative
or investigative (hereinafter a “proceeding”),
by reason of the fact he or she, or a person of whom
he or she is a legal representative, is or was a
member, shall be indemnified and held harmless by
the, as the same exists or may hereafter be amended
(but in the case of any such amendment, only to the
extent that such amendment permits the organization
to provide broader indemnification rights than the
codes permitted the organization to provide prior to
such amendment, against all expenses, liability and
loss (including attorney’s fees, judgments, fines,
arias excise, taxes or penalties, and amounts paid
or to be paid in settlement), actually and
reasonably incurred or suffered by such member who
has ceased to be a member and shall inure to the
benefit of the member’s heirs, executors and
administrators. Except
with respect to proceedings to enforce rights to
indemnification by a member, the organization shall
indemnify any such member in connection with a
proceeding (or part thereof) initiated by such
member only if such proceeding (or part thereof) was
authorized by the Tribal Council of the
organization. The
right to indemnification conferred in this article
shall be a contract right.
15.
AMENDMENTS
These
bylaws may be altered or amended and additional
bylaws adopted by a majority vote at any annual
meeting of the Tribal Council, if in the notice of
such special meeting, the proposed amendment of the
new bylaws shall be set forth verbatim, or by a
two-thirds (2/3) majority vote at any members’
meeting having a quorum where the notice of such
amendment or new bylaws is not given: provided,
however, that no change in the time or place for the
election of the Tribal Council shall be made within
thirty (30) days next before the day on which such
election is to be held without the written consent
of all the Tribal Council members.
16.
EFFECTIVE DATE
These bylaws shall be
effective as Amended by vote of the Tribal Council
on March 31, 2009
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