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BY-LAWS of The United Cherokee People
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1. NAME AND LOCATION OF ORGANIZATION The name of the organization is The United Native American People. The headquarters or tribal office of The United Native American People is located in Lake Placid, Florida until a New National / Principal Chief may be Elected. A second Tribal Office will be in the state of the Assistant Chief. -------------------------------------------------------------------------------- 2. TRIBAL MEMBERSHIP ORGANIZATION The United Cherokee People. was constituted as a Not For Profit Native American Tribal Membership Group Organization; and all other tribal organizations that wish to join with us will be constituted under this organization and is a Division of The United Cherokee People. Under the following: *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 *U.S. Constitution, NAFERA (Native American Free Exercise of Religion Act 1993) *RFRA (Religions Freedom Restoration Act 1993) *United Nations Resolution on Indigenous Peoples, September 13, 2007 *The United Cherokee Indian Nation Constitution (Soon to be completed) The United Cherokee People. 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 all Indians and to promote, teach and study the heritage of its 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 American Indians. 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 Indian ancestry. In order to not perpetuate the injustices against, and the divisions among, those American citizens who are descendants of the American Indians, which are collectively miss-named “Indian” by the European conquering peoples of the Americas, not to view these citizens of American Indian 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 all Indian 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 signed the peace treaty between their tribe and all tribes that are members of the organization. The Principal Chief of each tribe will hold a picture ID Card with their tribal number and tribal affiliation. These members are eligible to hold office. 4.2. PROOF OF INDIAN ANCESTRY. Proof of Indian 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 tribe. A completed application is a sworn testimony that the applicant is of Indian origin. Further documentation is not required. 4.3. ASSOCIATE MEMBERSHIP Non-Indians 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 hold 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 Native American People, a prospective member shall complete and submit to the Tribal Council, an application that has been signed. 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. 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. 4.6.a. APPROVAL OF NEW MEMBERS AMENDED. Any new member having been convicted of a Federal Offense and or a Violent Felony, such as (Murder, Robbery, Child Molestation, Crimes against Nature, Drug Trafficking ) or any Violent Crime against their fellow Beings. Shall not be able to hold office in the Organization. 4.7. MEMBERSHIP COMPLIANCE WITH RULES. All members shall abide by the rules and regulations of The United Native American People. Its Bylaws and 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 Organization 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. Active members are those in good standing. 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. A 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 not contrary or in conflict with the organization as may be determined by the Tribal Council. 4.12. ELIGIBLE FOR OFFICE. All members who are full members as defined in these bylaws that 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 Organization. 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 its own motion. 5.3. HEARING. Upon the filing of a written complaint, the recommendation of the membership, or upon its 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 Tribal Council. 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 Tribal Council, 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 Organization and all rights and privileges shall cease during the period of suspension or revocation. 5.8. PUBLICATION. -------------------------------------------------------------------------------- 6. MEMBERSHIP DUES OR SPECIAL ASSESSMENTS 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. 6.4. ADDITIONAL MEMBERSHIP CARDS. The fee for additional or replacement picture ID membership cards shall be established by the Tribal Council. The fee is $15.00 for an additional or replacement picture ID Card. 6.5. INACTIVE MEMBERS. Inactive members of The Organization 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 $15.00 established by the Tribal Council. -------------------------------------------------------------------------------- 7. BOARD OF DIRECTORS. 7.1. MEMBERS. 7.1.a All members of the tribal council including the Principal Chief will come before the people every four years for election. Any full member of the tribe will have the right to run for any office they feel that they can handle. A 2/3 vote of the membership will prevail. 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 its meetings by priority set forth in listing below. The Tribal Council is constituted as follows. (A) Principal Chief (First President - Chief Executive Officer) (B) Vice Principal Chief (First Councilor to the President) (C) Assistant Vice Principal Chief (Second Councilor to the President) A, B and C constitutes the “First Presidency” of the United Native American People (D) National Secretary (E) The Council of twelve (Twelve Elders or advisory members to the First Presidency (F) State Clan Chiefs (G) First Assistant State Clan Chief (H) Second Assistant State Clan Chief F, G and H constitute the Clan Chief Presidency for each State Tribal organization (I) State Clan Secretaries 7.3. TERMS OF OFFICE. Members of the Tribal Council (Council of Twelve) shall serve until their successors shall have been Elected 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. 7.4A Conflict of Interest There can not be two members of the same household, or man and wife team, holding the same office because of conflict of interest in votes that pertains to the people. 7.5. DUTIES OF THE Tribal Council (Council of Twelve). The Tribal Council, in its discretion, shall give advise to the day to day affairs of the organization, shall have power bestowed upon it by law. They shall vote on the creation and termination of 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 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) Coordinating and, if necessary, arbitrating complaints and disputes which cannot be resolved by the members, and, when necessary, recommending disciplinary action: (3) Voting, when called upon of Entering into and termination of contracts and agreements; and (4) 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 a 2/3rd. majority of the Tribal Council or by a calling of the people, 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 the votes of the Tribal Council, the vote of the First Presidency will prevail, unless the Principal Chief is being removed. 8.7. VACANCY. If a vacancy occurs (other than the Principal Chief), the Principal Chief and his Assistant 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 Assistant Chief. If the Assistant Principal Chief is unable to serve, the Tribal Council at a called or regularly scheduled meeting, shall designate, by a 2/3rd. 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 Any newly appointed Principal Chief will have a two months probation period to prove their leadership and must be approved by a 2/3rd. majority vote of the council. The Principal Chief shall be the First President - 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 People. 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 here under to serve until a permanent clan Chief can be Elected 9.2. ASSISTANT PRINCIPAL CHIEF (Second Councilor to the Principal Chief) The Assistant-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. If the Principal Chief is unable to perform his duties, the Assistant Chief and Tribal Elders will assume control of the Organization until a new Principal Chief is Elected. 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 People. 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. -------------------------------------------------------------------------------- 10. OPERATIONS To be added. 10.1. DIVISIONS. The United Native American People may operate its business affairs in operational divisions known as state clans. 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. Each division manager or supervisor shall report to the First Presidency. The First Presidency and 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 or a member of another 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 First Presidency and Tribal Council, paying them in funds designated for that purpose. 10.3. CONTRACTS. All contracts shall be approved by the First Presidency or any authorized persons(s) 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 First Presidency 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(s) received or granted to 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 First Presidency and approved by the Tribal Council. Rules and restrictions may be authorized by the First Presidency and Tribal Council. 10.5. REPORTING. 100% of Funds raised by Tribes, 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 and First Presidency every three months and by January 10th of each year, by a ruling of the internal revenue service of the U.S. government. Any excess funds will be turned over to the Organization for disbursement or donation. 10.6. DONATIONS All that have given contributions to The United Native American People. 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 Tribes or members will be counted as a donation, unless designated by the First Presidency and the Tribal Council to reimburse the appropriate person(s) or Tribe. -------------------------------------------------------------------------------- 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 First Presidency, Tribal Council and Tribal Chiefs. 11.2. NOTICE OF ANNUAL MEETING. A regular notice of the annual meeting shall be mailed to each member of record at his address as it appears upon the records of the organization directory no less than two weeks prior to the meeting by the Secretary of the organization or by such other person designated by the First Presidency and Tribal Council. 11.3. REGULAR MEETING OF TRIBAL COUNCIL. Regular meetings shall be held monthly or as more often as the First Presidency and Tribal Council deem necessary at such time and place as shall be determined by the First Presidency and 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, the Secretary, by 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 thirty (30) 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 Principal Chief and Tribal Council or the membership shall be confined to the matters set forth in the notice of 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 Principal Chief and Tribal Council shall be open to members. -------------------------------------------------------------------------------- 13. RULES AND REGULATIONS The Principal Chief and 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 2/3rds. vote of the First Presidency and 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 2/3rds. vote at any Tribal Council meeting having a quorum where the notice of such amendment or new bylaws is given: provided. However, that no change in the time or place for the Tribal Council meeting shall be made within thirty (30) days before the day on which such meeting is to be held without the written consent of all the Tribal Council members. -------------------------------------------------------------------------------- 16. EFFECTIVE DATE August 1st. 2009 |
