WE, the SIPAYIK MEMBERS of the PASSAMAQUODDY TRIBE, People of the
Dawn, adopt this Constitution in order to establish a democratic form of tribal
government at the Pleasant Point Reservation; to protect our sovereignty and
freedom of self-determination; to preserve our heritage and culture for our
children and for our future generations; to insure equal rights for all Sipayik
members of the tribe; and to create fair opportunities for the economic and
domestic well-being of all Sipayik members of the Passamaquoddy Tribe.
The Sipayik members of the Passamaquoddy Tribe are those members
who are listed on the official Census at Sipayik, which is also known as the
Pleasant Point Reservation. Except when referring to the geographically limited
area that is the Pleasant Point Reservation, the terms Sipayik and Pleasant
Point are used interchangeably in this Constitution.
The authority of the government established by this Constitution
shall extend over all Sipayik members of the Passamaquoddy Tribe and all
persons, subjects, territory and property now or hereafter included within the
jurisdiction of the Pleasant Point Reservation of the Passamaquoddy Tribe, as
defined by the Maine Indian Claims Settlement Act of 1980 and the Act to
Implement the Maine Indian Claims Settlement, or as hereafter established.
As a recognized part of the government of a sovereign Indian Tribe
in existence from time immemorial, the government of the Pleasant Point
Reservation is immune from suit in all forums except as set forth herein.
Any suit for injunctive and prospective relief against a tribal
official to enforce the terms of this Constitution or tribal law shall not be
deemed a suit against the government, and is not barred by this Section.
In accordance with action of the Joint Tribal Council establishing
tribal membership criteria, enrollment and recognition as a Sipayik member of
the Passamaquoddy Tribe shall be extended to all persons who:
(d) have chosen to maintain their membership exclusively at Sipayik.
Blood quantum shall be determined in accordance with the 1900
Tribal Census and all persons listed as Passamaquoddy on the 1900 Tribal
Census shall be considered to be 100% Passamaquoddy Indian ancestry.
Section 2. Membership Ordinance
The Governor and Council shall adopt a Membership Ordinance
establishing procedures for determining all questions of tribal membership at
Sipayik including but not limited to:
(a) procedures for application for membership, for addition or removal of
names from the Sipayik Tribal Census, for listing the degree of
Passamaquoddy Indian blood possessed by members, for establishment of an
annual Tribal Census for Sipayik, for verification of application or other
information, including the issuance of subpoenas by the Sipayik Census
Committee and their enforcement by the Tribal Court, and for such other
matters as are necessary to determine questions of membership;
(b) Procedures for determination of membership questions by the Sipayik
Census Committee, which shall consist if three Sipayik tribal members, each
elected by the eligible voters at Pleasant Point for a term of ten years.
(c) requirements for reporting of information by Sipayik members of the
Tribe in order to maintain and update the Tribal Census at Pleasant Point;
(d) criteria for meeting the requirements for membership set forth in
Section One of this Article, and for abandonment of membership and for
restoration to membership, and for correction of any Sipayik Tribal Census;
(e) Provision for appeal, within a fixed time, of decisions of the
Sipayik Census Committee on questions of membership by any person whose
application for Sipayik membership is denied, or by any tribal member with
respect to any Sipayik membership application granted, to the Tribal Court
for judicial review, in which the decision shall be reversed only if it is
found to be arbitrary.
ARTICLE IV. INDIVIDUAL RIGHTS
Section 1. Civil Rights
The government of the Pleasant Point Reservation shall not:
(a) make or enforce any law prohibiting the face exercise of religion, or
abridging the freedom of speech, or the press, or the right of the people
peaceably to assemble and to petition for a redress of grievances;
(b) violate the right of the people to be secure in their persons,
houses, papers and effects against unreasonable search and seizures, not
issue warrants, but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched and the person or thing
to be seized.
(c) subject any person for the same offense to be twice put in jeopardy;
(d) compel any person in any criminal case to be a witness against
himself or herself;
(e) take any private property for a public use without due process of law
and just compensation;
(f) deny to any person in a criminal proceeding the right to a speedy and
public trial, to be informed of the nature and cause of the accusation, to
be confronted with the witness against him or her, to have compulsory
process for obtaining witnesses in his or her favor, to have the assistance
of counsel for his or her defense, and to have counsel appointed for any
indigent member in any action in which he or she faces possible
incarceration;
(g) require excessive bail, impose excessive fines, inflict cruel and
unusual punishment, or in any event impose for conviction of any one offense
any penalty or punishment greater than imprisonment for a term of one year
and a fine of $5,000 or both, or such other penalties as may be provided by
the Indian Civil Rights Act;
(h) deny to a person subject to its jurisdiction the equal protection of
its laws or deprive any persons of liberty or property without due process
of law;
(i) pass any bill of attainder or ex post facto law, or any law
impairing the obligation of contracts; and
(j) deny to any person accused of an offense punishable by imprisonment,
the right, upon request, to trial by jury of not less than six (6) persons.
Section 2. Banishment
Notwithstanding any provision of this Constitution, the
government of the Pleasant Point Reservation shall have no power of banishment
over tribal members.
Section 3. Protection of Contract Rights
The validity and enforceability of contracts, agreements, notes
or instruments of conveyance which have been executed on behalf of the
Pleasant Point Reservation with the approval of an actual majority of the
members present and voting at a meeting of the Governor and Council of the
reservation while a quorum was present shall not be affected or impaired by
failure to observe procedural requirements set forth in Section 1(c) or
Section 4 of Article V or any rules of procedure adopted pursuant thereto, nor
by any subsequent action of the Governor and Council or of the members in an
initiative or referendum conducted under Article VII.
Section 4. Access to Governmental Records and
Proceedings.
Records of official governmental actions shall be open to
inspection by Sipayik tribal members except particular records that:
(a) are expressly made confidential by a tribal ordinance duly enacted to
give reasonable protection to personal privacy or business or trade secrets
of the tribe or reservation, or
(b) are expressly made confidential by applicable federal or state law,
or
(c) would be confidential if such records were records of the federal
government.
Meetings of official bodies of the Pleasant Point tribal
government shall be open to Sipayik tribal members, provided however that
discussions may be held in closed session as authorized by this Constitution,
by a tribal ordinance duly enacted or by applicable federal or state law, as
long as any decision is made in open session. Any Sipayik tribal member shall
be entitled to attend any meeting of the Pleasant Point Governor and Council,
and or any other official committee or body of the Pleasant Point tribal
government, except as otherwise provided herein. Any minutes of such meetings
shall be prepared promptly and shall be open to inspection by any Sipayik
tribal member.
ARTICLE V. AUTHORITY OF THE PLEASANT POINT TRIBAL
GOVERNMENT.
Section 1. Powers of the Governor and Council
The Pleasant Point Passamaquoddy Reservation is constituted a
public body corporate and a political subdivision of the Passamaquoddy Tribe,
acting under the direction and control of a Governor and Council, having the
following limited powers and authority to be exercised for the following
purposes; provided, however, that all such powers and authority shall be
exercised in conformity to the provisions of this Constitution and of the laws
and ordinances adopted by the Joint Tribal Council, and provided further that
no tax on real property may be imposed by the Governor and Council without
approval by referendum under section 2 of Article VII:
(a) to administer Tribal government within the Pleasant Point
Reservation;
(b) to adopt local ordinances, exercise police powers, take private
property when necessary for a public use, and otherwise regulate local
maters which solely affect the Pleasant Point Reservation;
(c) to contract for and receive funds or other services or assistance
from public or private sources, or from the Joint Tribal Council or from
tribal enterprises, in order to provide public services on the reservation,
and to advise the Department of the Interior or other federal agencies or
representatives as to the needs of the reservation, and to expend any
available funds for such purposes in accordance with an annual budget
adopted as set forth in Section 4 of this Article, provided that the
financial affairs of the reservation shall be subject to an annual audit.
(d) to provide for the economic development of the reservation and for
that purpose to invest or lend reservation funds on such terms and
conditions as the Governor and Council may determine and, in accordance with
the provisions of this Article, to own in whole or in part and in any form,
to operate, finance, or otherwise promote, tribal or private enterprises of
any type or form of organization;
(e) to acquire, by purchase, lease, gift, will or otherwise, to own,
hold, use, improve and otherwise deal in, and to sell, convey, encumber,
mortgage, pledge, lease, exchange or otherwise dispose of property of all
kinds, real and personal, tangible and intangible, in whole or in part,
wherever situated, in the reservation's corporate name and capacity;
provided, however, that all land located within Passamaquoddy Indian
Territory including the reservations shall remain the sole property of the
Passamaquoddy Tribe; provided further, that the Governor and Council shall
have the power to lease tribal land within the Pleasant Point Reservation in
accordance with applicable provisions of federal law;
(f) to sue and be sued in the reservation's corporate name and capacity
to the same extent and subject to the same limitations and immunities as the
Passamaquoddy Tribe may sue and be sued;
(g) to enter into contracts other than for borrowed money in the
reservation's corporate name and capacity; provided, however, that any
obligations incurred in such contracts shall be she sole obligations of the
reservation and shall not obligate the Passamaquoddy Tribe nor be secured by
or satisfied from the common property or income of the Passamaquoddy Tribe
except as may be expressly authorized in the sole discretion of the Joint
Tribal Council;
(h) to borrow money in the reservation's corporate capacity to the extent
that recourse for repayment or other satisfaction of such debt is expressly
and solely limited to particular property then belonging to the Pleasant
Point Reservation or to the assets and income of particular tribal
enterprises of that reservation and otherwise solely to the extent
authorized by the Joint Tribal Council; and to secure any of the
reservation's obligations by mortgage, pledge, or other encumbrance of all
or any part of the property and income of the reservation; provided,
however: (1) that debts incurred by the Pleasant Point Reservation shall not
obligate the Passamaquoddy Tribe except as may be expressly authorized in
the sole discretion of the Joint Tribal Council;
(2) that no instrument evidencing the indebtedness of the Pleasant Point
Reservation shall be valid unless it shall set forth expressly that the
debts evidenced thereby shall not constitute debts of the Passamaquoddy
Tribe nor be secured by or satisfied from the common property or income of
the Passamaquoddy Tribe, but shall be payable solely from the property or
income belonging exclusively to the Pleasant Point Reservation; and (3) that
no resolution or other decision authorizing the borrowing of money shall be
valid except after a fair opportunity for public comment to the Governor and
Council has been provided, which may be provided at any regular or special
meeting of the Governor and Council at which the matter was listed on the
agenda, and of which at least three working days' advance notice was
conspicuously posted on the reservation;
(i) to exercise all other powers which may be exercised by a body
corporate and politic which are either necessary or convenient in
furtherance of the powers and purposes set forth in this section; and
(j) to exercise such other powers and responsibilities as may be
delegated to the Governor and Council by the Joint Tribal Council.
Section 2. Powers of the Governor.
The Governor of the Pleasant Point Reservation shall chair all
meetings of the Council of that reservation, shall carry out the policy
decisions of the Governor and Council for that reservation, and shall have
principal administrative responsibility for the operations of tribal
government on that reservation, to be exercised in accordance with this
Constitution and with applicable laws, ordinances and resolutions of the Joint
Tribal Council and of the Governor and Council of the respective reservation.
Whenever the Governor is unable to serve due to incapacity or conflict of
interest, the Lt. Governor shall act in his or her place and exercise all
powers and responsibilities vested by this Constitution in the Governor. The
Lt. Governor may exercise the powers of Governor when the Governor is absent
from the reservation only to the extent authorized by the Governor.
No person exercising the authority of the office of Governor
shall use, or allow another to use, that authority for personal gain, or for
the personal benefit of any member of the Governor and Council.
Section 3. Powers of the Lt. Governor.
The office of Lt. Governor shall have no authority except to act
for the Governor as set forth in section 2 of this Article, and such other
authority as may be granted by the Joint Tribal Council or the Governor and
Council, or delegated by the Governor.
Section 4. Composition and Procedures of the
Governor and Council.
(a) The Governor and Council of the Pleasant Point Reservation shall
consist of the Governor, Lt. Governor and six Council members. No action may
be taken by the Governor and Council except at a meeting duly called and
convened. The Governor may vote only to break a tie. In the Governor's
absence, the Lt. Governor shall preside at any meeting of the Governor and
Council. The Lt. Governor may vote except when presiding, in which case the
Lt. Governor may vote only to break a tie. In the absence of both the
Governor and the Lt. Governor at any regular meeting of the Governor and
Council, the members present may select another member of the Council to
chair the meeting, provided, however, that such member may vote only to
break a tie. All votes of the Governor and Council shall be recorded,
identifying the position of each member.
(b) The Governor and Council shall adopt a schedule of regular meetings
and may convene in special session at the request of the Governor of three
of main Council members. The agenda of each meeting shall be prepared by the
Governor or the Clerk of the Reservation. The agenda shall include any
matter requested by the Governor or any member of the Council, or by written
petition of any seven adult Sipayik tribal members, and shall be made
available to all Council members at least three days prior to any meeting.
(c) A quorum shall consist of four members of the Governor and Council
eligible to vote, but shall not include the presiding officer.
(d) Notice of any meeting of the Governor and Council shall identify the
matters on the meeting agenda, and shall be conspicuously posted on the
reservation at least three working days before the meeting. The notice shall
be posted at the school, the health clinic and the tribal offices, in a
place commonly used for such notices, and may be posted in additional
locations. In the event that one or more of the specified locations no
longer exists, the required notice shall be posted at a suitable substitute
location designated by the Governor of the Pleasant Point Reservation.
(e) The Governor and Council shall each year authorize the expenditure of
available funds by an annual budget showing both projected sources of funds
and expenditures, adopted following the conduct of a public hearing on the
proposed budget held on the third Tuesday in September or as soon thereafter
as practical, and of which seven days advance notice was conspicuously
posted on the reservation stating the time, place and purpose of the
hearing, provided that the said budget may be amended by the Governor and
Council at any regular meeting at which public comment is allowed, provided
that the meeting is held upon not less than three working days' public
notice conspicuously posted on the reservation.
(f) The Governor and Council shall convene an annual meeting open to all
Sipayik tribal members to present in oral and written form an accounting of
the financial status of the Pleasant Point Reservation, including the tribal
general funds, any enterprise and special revenue funds, and any other funds
or accounts. This meeting shall be held at least once each year, at time to
be fixed by ordinance, following at least seven days public notice
conspicuously posted on the reservation, stating the time, place and purpose
of the meeting.
(g) All meetings of the Governor and Council shall be open to all Sipayik
members of the Tribe; provided, however, that the Governor and Council by
ordinance may authorize discussion to be conducted in closed executive
session, but no final action may be taken on any matter in such closed
session, and provided further, that any person who is the subject of an
executive session may require that matters concerning him or her be
discussed in an open meeting.
(h) All minutes, ordinances, resolutions, votes of the Governor and
Council, and audits performed pursuant to Section 1(c) of Article V shall be
recorded in writing and shall be available to Sipayik members of the Tribe.
All regulations and ordinances governing the conduct of non-members of the
Tribal shall be available for public inspection.
(i) No member of the Governor and Council shall vote on any matter in
which he or she or a member of his or her household or immediate family has
a direct personal interest, included but not limited to employment
contracts, project funding, and appointment to tribal offices or committees,
nor shall any such member use, or allow another to use, his or her official
authority for personal gain, or for the personal benefit of any other member
of the Governor and Council. The term "immediate family" shall include a
person's spouse, siblings, parents and children. No action increasing the
rate of compensation for any member of the Governor and Council, including
the Governor and Lt. Governor, shall take effect during that member's term
of office.
Section 5. Acting as Members of the Joint Tribal
Council.
When members of the Pleasant Point Governor Council are serving
in their capacity as members of the Joint Tribal Council of the Passamaquoddy
Tribe, their actions shall be subject to the provisions of this section:
(a) no Pleasant Point member of the Joint Tribal Council shall, by vote
of abstention, contribute to the approval of any regulations or ordinance of
the Tribe or the Joint Tribal Council unless a public hearing on the
proposed regulation or ordinance has been held prior to the adoption
thereof, and unless seven days advance notice of the hearing was
conspicuously posted on the Pleasant Point Reservation, stating the time,
place and purpose of the hearing;
(b) no Pleasant Point member of the Joint Tribal Council shall, by vote
or abstention, contribute to the approval of any ordinance which affects
solely the Pleasant Point Reservation or its members without the consent of
the Sipayik Governor and Council;
(c) no Pleasant Point member of the Joint Tribal Council shall, by vote
or abstention, contribute to the approval of any tax imposed by the Joint
Tribal Council on Sipayik tribal members (other than motor vehicle and
snowmobile excise and sales taxes) unless approved pursuant to Article VII;
(d) (1) no Pleasant Point member of the Joint Tribal Council shall, by
vote or abstention, contribute to the approval of the sale of any land
within Passamaquoddy Indian Territory except after a fair opportunity for
public comment to the Sipayik members of the Joint Tribal Council has been
provided, which may be provided at any regular or special meeting of the
Sipayik Governor and Council at which the matter was listed on the agenda,
and of which at least seven days advance notice was conspicuously posted on
the Pleasant Point Reservation; and
(2) no Pleasant Point member of the Joint Tribal Council shall, by vote or
abstention, contribute to the approval of the lease of any land within
Passamaquoddy Indian Territory to a non-member or to an entity other than
one in which the Tribe controls a majority interest except after a fair
opportunity for public comment to the Sipayik members of the Joint Tribal
Council has been provided, which may be provided at any regular or special
meeting of the Sipayik Governor and Council at which the matter was listed
on the agenda, and of which at least seven days advance notice was
conspicuously posted on the Pleasant Point Reservation.
(e) No Pleasant Point member of the Joint Tribal Council shall, by vote
or abstention, contribute to the approval of any resolution or other
decision authorizing the purchase or sale of property or the borrowing of
money except after a fair opportunity for public comment to the Sipayik
members of the Joint Tribal Council has been provided, which may be provided
at any regular or special meeting of the Sipayik Governor and Council at
which the matter was listed on the agenda, and of which at least three
working days advance notice was conspicuously posted on Pleasant Point
Reservation.
(f) No Pleasant Point member of the Joint Tribal Council shall, by vote
or abstention, contribute to the approval of any expenditure of tribal
general funds except as authorized by annual budget, showing both projected
sources of funds and expenditures, adopted by the Joint Tribal Council
following the conduct of a public hearing on the proposed budget, which
shall be held on the third Tuesday in September or as soon thereafter as
practical, and of which seven days advance notice was conspicuously posted
on the Pleasant Point Reservation, stating the time, place and purpose of
the hearing; provided, that the said budget may be amended by the Joint
Tribal Council at any regular meeting at which public comment on the
proposed amendment is allowed, providing the meeting is held upon not less
than three working days' public notice conspicuously posted on the Pleasant
Point Reservation; and provided further, that the financial affairs of the
Tribe shall be subject to an annual audit. For purposes of this paragraph,
the term "tribal general funds" shall include all funds controlled by the
tribe except enterprise or federal trust funds of the Tribe.
(g) No Pleasant Point number of the Joint Tribal Council shall, by vote
or abstention, contribute to the approval of any increase in the
compensation of any member which would take effect during his or her term of
office.
(h) Whenever notice of a meeting or of a public hearing is required by
this Article to be posted, the notice shall be posted at the school, the
health clinic and the tribal offices on the Pleasant Point Reservation, in a
place commonly used for such notices, and may be posted in additional
locations. In the event that one or more of the specified locations no
longer exists, the required notice shall be posted at a suitable location
designated by the Pleasant Point Tribal Governor.
Section 6. Annual Membership Financial Meeting.
The Pleasant Point members of the Joint Tribal Council shall
convene an annual meeting open to all Sipayik tribal members to present in
oral and written form an accounting of the financial status of the Tribe,
including the tribal general funds; any enterprise and special revenue funds,
and any other funds or accounts. This meeting shall be held on the Pleasant
Point Reservation at least once each year, at a time to be fixed by ordinance,
following at least seven days public notice conspicuously posted on the
Pleasant Point Reservation, stating the time, place and purpose of the
meeting.
ARTICLE VI. ELECTIONS.
Section 1. Qualification of Voters and Candidates.
Any Sipayik member of the Passamaquoddy Tribe who is at least
eighteen years of age shall be eligible to be a candidate for office and to
vote in all elections at the Pleasant Point Reservation, provided:
(a) that such member has compiled with any voter registration requirement
established by an ordinance duly enacted; and
(b) that the right to vote may be limited by an ordinance establishing
residency requirements for persons holding office, or as voter
qualifications in elections for tribal officers or on referendum issues
presented under Article VII, Section 1 or 2, as long as no such ordinance
deprives any otherwise qualified voter residing in Indian Territory of the
right to vote; and
(c) that there shall be no right to vote by absentee ballot except for
eligible voters who satisfy any applicable residency requirement, and who
are unable to vote in person solely by reason of their status as full-time
students or military personnel or by their physical incapacity; and
(d) that no person convicted of a crime punishable by imprisonment for a
term of one year or more shall be eligible to be a candidate for or hold
elective tribal office, unless a pardon has been granted.
Notwithstanding any other provision of this Section or any tribal
ordinance, no Sipayik member of the Passamaquoddy Tribe aged eighteen or older
shall be denied the right to vote on the adoption, amendment or repeal of this
Constitution.
No member shall be eligible to be a candidate for or to hold more
than one elected office of the Tribe, including school committee member, at
the same time.
Section 2. General Elections.
The Governor, Lt. Governor, and members of the Council of the
Pleasant Point Reservation shall be elected to 4 year terms, with those of the
Council members staggered so that three shall be elected at each General
Election. The Governor and Council shall schedule special elections for the
purpose of filling vacancies or for voting on initiative, referendum or recall
proposals. All elected officials shall serve until the certification of the
results of the election of their successors, unless removed by recall,
resignation or death. General Elections shall be held on the first Tuesday
following Labor Day in September of each even-numbered year.
Section 3. Tribal Election Ordinance.
The Governor and Council shall adopt and may subsequently amend
an Election Ordinance consistent with the provisions of this Constitution to
regulate the procedure in all elections, following a public hearing on such
ordinance held upon not less than seven days public notice, to be posted
conspicuously on the reservation, including at least at the school, the health
clinic and the tribal offices, starting the time, place and purpose of the
hearing. The ordinance shall include but need not be limited to the following
matters:
(a) the procedures for the nomination of candidates, the notice to be
given to the voters of upcoming elections, the conduct of primary elections
so that no more than two candidates for each available office or position
appear on the general election ballot, the conduct of general elections and
all other elections, including referendum, initiative, and recall elections,
absentee voting, and the resolution of election disputes;
(b) (not in source document)
(c) a provision for appeal of election decisions to the Tribal Court for
violations of the Indian Civil Rights Act or of Article IV of this
Constitution; provided, however, that in all other respects the decisions
respecting election disputes shall not be subject to appeal to the Tribal
Court;
(d) a provision requiring each Governor and Lt. Governor to live on the
Pleasant Point Reservation during their terms of office; and
(f) a provision requiring each elected tribal official to swear an oath
of office to uphold this Constitution and the laws of the Passamaquoddy
Tribe and to honor orders of the Tribal Court.
Section 4. Vacancies in Office.
If the Governor dies, resigns, or is recalled from office, the
Tribal Council shall declare the office vacant and appoint the Lt. Governor to
fill out the unexpired term of the Governor. If the Lt. Governor is appointed
to fill out an unexpired term of the Governor, or if the Lt. Governor dies,
resigns, or is recalled from office, the Governor and Council shall declare a
position vacant and shall call and hold a special election to fill the
vacancy. In the event that the offices of Governor and Lt. Governor are vacant
at the same time, the member of the Council who was elected by the largest
number of votes shall serve as interim Governor, temporarily vacating his or
her position on the Council, until the offices are filled by special election.
If a Tribal Council member dies, resigns, or is recalled from
office, the Tribal Council shall declare the position vacant and shall call
and hold a special election to fill such vacancy. In the event that recall
would make it possible to achieve a quorum because of vacancies on the Tribal
Council, those officials who received the least number of recall votes shall
remain in office until such time as successors are elected to fill their
positions.
Section 5. Secret Ballot.
All tribal elections, whether conducted under this Article or
Article VII, shall be conducted by secret ballot.
ARTICLE VII. INITIATIVE, REFERENDUM AND RECALL.
Section 1. Initiative.
Upon receipt and verification by the Tribal Clerk of a petition
bearing the signatures of adult members listed on the census of the Pleasant
Point Reservation equal to at least twenty-five percent of the number voting
at the last Gubernatorial Election of the Pleasant Point Reservation, a
proposed ordinance or resolution made by the people concerning a matter, other
than an appropriation of funds, which could be acted upon by the Governor and
Council alone shall be submitted to the voters of that reservation at a
general or special election to be called by the Governor and Council and held
within sixty days following the verification of the petition. The date each
signature was made shall be written next to the signature on the petition, and
no signature older than one year from the date the petition is submitted shall
be valid. A vote of at least two-thirds of those actually voting shall be
conclusive and binding upon the Governor and Council.
Section 2. Referendum.
Upon receipt and verification by the Tribal Clerk of a petition
bearing the signatures of adult members listed on the census of the Pleasant
Point Reservation equal to at least twenty-five percent of the number of votes
cast at the last Gubernatorial Election of the Pleasant Point Reservation, or
upon the request of the Governor and Council approved by a majority of its
total membership eligible to vote (i.e., all members except the Governor), any
proposed or previously enacted ordinance or resolution of the Governor and
Council of the reservation shall be submitted to the voters of the reservation
at a regular or special election to be called by the Governor and Council and
held within thirty days following the request or the verification of the
petition; provided, however, that no such referendum shall be conducted upon
an enacted ordinance or resolution unless the petition or the request of the
Governor and Council is received within thirty days of such enactment. A vote
of at least two-thirds of those actually voting in a referendum submitted by
petition is necessary to be conclusive and binding upon the Governor and
Council, but when referendum approval is requested by the Governor and
Council, approval by a majority vote is binding unless a greater majority is
specified by the Council vote requesting the referendum.
Section 3. Recall.
(a) Any member of the Pleasant Point Governor and Council shall be
recalled from office by a majority vote of the eligible voters of the
Pleasant Point Reservation voting in a special election.
(b) The Governor and Council shall call and hold a special election to
recall any member of the Governor and Council upon a written petition from
the eligible voters of Sipayik to the Tribal Clerk signed by at least fifty
percent of the number of persons voting at the last Pleasant Point
Gubernatorial Election.
(c) A separate petition for recall shall be drawn for each official to be
considered for recall and shall contain a statement of the specific charges
against that official.
(d) The Governor and Council shall select a date, time and place for a
public hearing on the matters set forth in a petition or petitions and shall
provide written notice to each official to be considered for recall. The
notice shall contain a copy of the written petition which has named that
official, and shall be provided at least seven days prior to the time set
for the public hearing. The Tribal Clerk shall carry out the provisions of
this subsection if the Governor and Council fail to do so within ten days of
the submission of a recall petition.
(e) Notwithstanding any other provision of this Constitution, any tribal
official recalled from office shall be ineligible to be a candidate in any
special election to fill the vacancy created by the recall, and in the next
general election for the same office.
ARTICLE VIII. TRIBAL COURT.
Section 1. Powers of the Tribal Court.
The Passamaquoddy Tribal Court, including any appellate branch,
shall exercise the powers of the judicial branch of the Pleasant Point tribal
government and shall have jurisdiction of all cases and controversies arising
at Pleasant Point which are within the jurisdiction of the Passamaquoddy
Tribe, including without limitation the following:
(a) exclusive jurisdiction over all civil disputes which pertain to
internal tribal members, including review of government actions, all other
matters affecting tribal government, rights of membership, and ownership,
descent, or possession of land within Passamaquoddy Indian Territory, and
which are not by provisions of this Constitution reserved to the exclusive
jurisdiction of the tribal councils or to another body of tribal government;
(b) exclusive jurisdiction over all other civil or criminal matters which
are committed by law to the exclusive jurisdiction of the Passamaquoddy
Tribe;
(c) jurisdiction over all other civil matters arising within the
Territory of the Tribe and not committed by law to the exclusive
jurisdiction of the courts of the United States or the State of Maine.
Civil disputes which are within the jurisdiction of the
Passamaquoddy Tribal Court shall, to the extent consistent with applicable
tribal laws, ordinances, customs, and usages, as well as applicable provisions
of federal Indian law, be resolved by the Tribal Court in accordance with any
corresponding provisions of the applicable civil laws and remedies of the
State of Maine, and such laws and remedies shall to that extent be deemed
adopted as the law of the Pleasant Point Reservation of the Passamaquoddy
Tribe.
Section 2. Rules of the Tribal Court.
The Passamaquoddy Tribal Court shall adopt Rules for the
Passamaquoddy Tribal Court to govern procedures before the Court shall be
designed to ensure fair, convenient, simplified and prompt resolution or
disputes. The Tribal Judge shall also supervise the judicial business of the
Tribal Court, including assignment of cases, hiring and supervision of court
personnel, and other administrative affairs of the court.
ARTICLE IX. ADOPTION OF CONSTITUTION AND INITIAL
ELECTION.
Section 1. Adoption.
This Constitution shall become supreme law of the Pleasant Point
Reservation of the Passamaquoddy Tribe when adopted by a simple majority of
the adult Sipayik members of the Tribe who vote at a plebiscite called for
that purpose by the Governor and Council. The said plebiscite shall be
supervised by the Tribal Clerk of the Pleasant Point Reservation, who shall
certify the results within forty-eight hours of the vote.
Section 2. Interim Officers and Initial Election.
Notwithstanding any other provision of this Constitution upon
adoption of this Constitution the existing Governor, Lt. Governor, and Council
Members of the Pleasant Point Reservation shall assume all of the powers and
duties of such officers as set forth in this Constitution, and shall exercise
those powers and duties until their successors are duly elected and qualified.
The term of office of any tribal official serving at the time of the adoption
of this Constitution shall not be extended or otherwise affected by this
provision.
Section 3. Interim Ordinances.
Notwithstanding any other provision of this Constitution, any
ordinance previously adopted by the Joint Tribal Council or by the Pleasant
Point Governor and Council and in effect at the time of the adoption of this
Constitution, shall remain in full force and effect according to its terms
until it is amended or repeated in accordance herewith, except to the extent
that it may be inconsistent with the rights and privileges secured by this
Constitution.
Section 4. Tribal Court Judge.
Notwithstanding any other provision of this Constitution, any
Judge of the Passamaquoddy Tribal Court who holds that office at the time this
Constitution is adopted shall immediately assume all powers and duties of that
office as set forth in this Constitution.
ARTICLE X. AMENDMENT.
A proposed amendment to this Constitution shall be placed upon
the ballot at a general or special election upon passage of a resolution of
the Governor and Council adopted by an affirmative vote or seventy-five
percent of all of the members of the Council eligible to vote, or of any
resolution adopted by the initiative process, and the amendment shall become a
part of this Constitution upon the affirmative vote of seventy-five percent of
those voting on the amendment; provided, however, that this Constitution can
be amended during the first two years following its adoption by a resolution
adopted pursuant to Article VII.
ARTICLE XI. RESERVED POWERS.
The powers enumerated in this Constitution are not exclusive and
the remaining sovereign powers of the Tribe are reserved to the members of the
Tribe. Adoption of this Constitution does not constitute an agreement on the
part of the Tribe to limit the exercise by the Tribe of any right or power it
may otherwise be entitled to exercise.
ARTICLE XIII (i.e. XII?). SEVERABILITY.
If any provision of this Constitution shall, in the future, be
declared invalid by a court of competent jurisdiction, the invalid portions
shall be severed and the remaining provisions shall remain in full force and
effect.
