Article XII. By-laws
SECTION 1. The Cowlitz General Council shall have the power and authority to enact any by-laws, consistent with this constitution, to implement the provisions of this constitution.
SECTION 2. By-laws shall need a two-thirds (2/3) majority vote of the General council members voting to be enacted. Fifty (50) eligible voting members must participate in the election.
SECTION 3. Revisions in the by-laws shall be made in the following manner:
(a) Any proposed by-law revisions must be submitted to the General Council at a regularly scheduled meeting and voted on at the following regularly scheduled meeting.
(b) The eligible voters of the Tribe must approve the by-law revision by a two-thirds (2/3) majority vote of the voters casting ballots. At least fifty (50) eligible voting members of the Tribe must participate in the election.
ORIGINAL CONSTITUTION AND BY-LAWS PASSED GENERAL COUNCIL MEMBERSHIP MEETING: 47 YES, 3 NO - 11/02/74. REVISIONS ENACTED BY GENERAL COUNCIL - 06/05/93; 11/02/96; 11/04/00. Article II was revised on June 1, 2002 by order of the General Council. Article V Elections was revised on November 6, 2004 by order of the General Council. Article I and Article II was revised on June 4, 2005 by order of the General Council. Article II Membership was revised on November 12, 2005 by order of the General Council. Article VIII was revised on June 2, 2007 by unanimous vote of the General Council. Article VI Vacancies and Recall amended by order of the General Council November 5, 2011. By General Council order Article II Membership Section 1. 6. was amended June 6, 2015. Article II Membership was amended by order of the General Council November 5, 2016 to include provision for adopted. By order of the General Council June 2, 2018 Article II Membership Section 1. 7 was added to make provisions for Fostered Children. Typos to Section 1. 7 and changed Secretary and Chair names August 8, 2018. Article V Elections, Section 4 was amended November 7, 2020 by order of the General Council to support vote by mail. Article II Membership Section 2 was amended June 5, 2021 by order of the General Council to increase the enrollment application age range from zero – nineteen years of age.
01.02.020 By-laws.
BY-LAWS of the COWLITZ INDIAN TRIBE
TITLE I Membership
SECTION 1. The Cowlitz Tribal Council shall set up an enrollment committee to review and evaluate applications for membership in the Cowlitz Indian Tribe.
(a) The Tribal Council chair shall appoint, with the approval of the Tribal Council, an enrollment committee.
(b) The enrollment committee shall have a minimum of three (3) members.
SECTION 2. All determinations and decisions of the enrollment committee shall be made by a majority vote of committee members voting.
SECTION 3. All recommendations of the enrollment committee are subject to ratification by the Tribal Council.
SECTION 4. The Cowlitz Tribal Council shall have the sole power to vest tribal membership by a majority vote of the tribal council members voting.
SECTION 5. The Cowlitz Tribal Council may deny any person tribal membership if he/she fails to meet the constitutional requirements.
TITLE II Honorary Membership
SECTION 1. Only the General Council may vest honorary membership in a person by majority vote of the General Council members voting.
TITLE III Duties of Tribal Officers and Tribal Council Officers
SECTION 1. General Council Chair. The general council chair shall preside over all General Council meetings and shall perform all duties delegated to him/her by the General Council or Tribal Council.
(a) The general council chair shall not vote on any issue at a general membership meeting unless a tie vote exists.
(b) Because election and recall of tribal officers are conducted by secret ballot, the general council chair is allowed to vote in any election or recall of tribal officials.
SECTION 2. General Council Vice-Chair. The general council vice-chair shall preside over, in the absence of the general council chair, all general council meetings and shall perform such other duties as delegated to him/her by the General Council or the Tribal Council.
(a) The general council vice-chair shall succeed to the general council chairship upon the death or resignation of the general council chair for the remainder of the term.
(b) When presiding at a general council meeting the general council vice-chair shall not vote on any issue unless a tie vote exists but may vote in elections conducted by secret ballot.
SECTION 3. General Council Secretary. The general council secretary shall maintain an accurate record of the minutes of all meetings of the Cowlitz Indian Tribe and of all other matters pertaining to the Cowlitz Indian Tribe.
(a) The general council secretary shall conduct the correspondence of the Cowlitz Indian Tribe except that of the Tribal Council.
(b) The general council secretary shall maintain a roll of all Cowlitz Indian tribal members and shall issue notices to the membership of all meetings of the general membership.
SECTION 4. General Council Treasurer. The general council treasurer shall work with the CFO of the Tribe to:
(a) Provide the Tribal Council and General Council with timely treasurer reports.
(b) To comply with the Cowlitz Tribal Treasury Code.
SECTION 5. Chair of the Tribal Council. The tribal council chairperson shall preside at all meetings of the Cowlitz Tribal Council.
(a) The tribal council chair shall not have the right to vote on any issue before the Tribal Council or its committees, unless a tie vote exists.
(b) Because elections are conducted by a secret ballot, the tribal council chair is allowed to vote in the election or recall of any tribal council official.
(c) All other duties of the tribal council chair shall be expressly delegated by the Tribal Council.
SECTION 6. Tribal Council Vice-Chair. The tribal council vice-chair shall preside, in the absence of the tribal council chair, over all tribal council meetings and perform such duties as delegated to him/her by the Tribal Council.
(a) The tribal council vice-chair shall not have the right to vote on any issue before the Tribal Council when presiding over the Tribal Council unless a tie vote exists but may vote in elections conducted by secret ballot.
SECTION 7. Tribal Council Secretary. The tribal council secretary shall transact all the correspondence of the Tribal Council and maintain an accurate record of all matters before the Tribal Council.
(a) The tribal council secretary may be delegated other duties by the Tribal Council.
SECTION 8. Check drafts, savings withdrawals or other negotiable instruments of the Cowlitz Indian Tribe shall comply with the Cowlitz Tribal Treasury Code.
SECTION 9. Appointive Committees and Officials. The duties of all appointive committees or officials of the Cowlitz Indian Tribe shall be clearly defined by resolution of the Tribal Council. All appointive committees and officials shall report to the Tribal Council as required, and their activities and decisions shall be subject to review by the Tribal Council.
TITLE IV Elections
SECTION 1. Any full status member of the Cowlitz Indian Tribe at least eighteen (18) years old may be a candidate for a Cowlitz elected position. No other persons are eligible.
SECTION 2. The election of the Cowlitz Tribal Council shall be called, organized and supervised by the government of the Cowlitz Indian Tribe at the June general council meeting consistent with Article V, Section 4 of the Constitution.
SECTION 3. The general council chair, general council vice-chair, general council secretary and general council treasurer shall serve three (3) year terms. Elections will be staggered.
SECTION 4. Annual elections for the Tribal Council shall be of six (6) council members for three (3) year terms.
SECTION 5. Installation of Tribal Council Members and General Council Officers. Newly elected members of the Tribal Council shall take their positions at the first regular meeting of the Tribal Council after their election, General Council officers shall take office upon the expiration of the terms of prior officers.
TITLE V Time and Place of Meetings
SECTION 1. Tribal Council Meetings. Regular meetings of the Tribal Council shall be convened monthly on the first Saturday of the month (except for holidays) or another date agreed on by the Tribal Council, but not during the months of June and November (General Council Meetings). The location of the meeting will be designated by the Tribal Council.
SECTION 2. Special Tribal Council Meetings. Special Tribal Council meetings shall be called by written notice signed by the tribal council chair, general council chair or by a majority of the tribal council members.
(a) When so called, the Tribal Council shall have the power to transact business as in regular meetings.
SECTION 3. Annual General Membership Meetings. The general council chair shall yearly call a general membership meeting on the first (1st) Saturday of the month of June.
(a) Tribal elections shall be held on that day.
(b) The general council may, by resolution, give guidance to the Tribal Council as to future action on any matter.
(c) The general council chair shall report to the general membership about the activities of the Tribe since the previous general council meeting.
(d) The tribal council chair shall report about the activities of the Tribal Council within the past year to the general membership.
SECTION 4. Semi-Annual General Membership Meeting. The general council chair shall call a second general membership meeting on the first (1st) Saturday of November of every year except if that day falls on a holiday, then the Tribal Council shall set the meeting day.
(a) The general membership may, by resolution, give guidance to the Tribal Council as to future action on any matter.
(b) The general council chair shall report to the general membership about the activities of the Tribe within the last six (6) months.
(c) The tribal council chair shall report about the activities of the Tribal Council within the past six (6) months to the general membership.
SECTION 5. The general council chair shall call special meetings of the general membership upon written request of fifty (50) eligible voters or at the request of the Tribal Council.
TITLE VI Procedure of Tribal Meetings
SECTION 1. Quorum. No business shall be transacted by the Cowlitz General Council or Tribal Council unless a quorum is present.
(a) For the General Council a quorum shall consist of thirty (30) voting members.
(b) For the Tribal Council a quorum shall consist of eleven (11) members of the Tribal Council.
SECTION 2. Order of Business. The following order of business is established for all meetings: Call to Order by the Chair
Spiritual Message Roll call
Ascertainment of a Quorum Adoption of the Agenda
Posthumous Roll Call (at General Council meetings only) Introduction of Guests
Reading of the Minutes of the last meeting Adoption of the Minutes of the last meeting Treasurer’s Report
Reports of Officers and Committees Unfinished Business
New Business
Information for the good of the order Adjournment
SECTION 3. All questions of council procedure shall be decided by a majority vote of the voting council members, or by the ruling of the chair if no objection is heard.
SECTION 4. Parliamentary procedure shall be guided by Robert’s Rules of Order.
SECTION 5. Attendance at meetings of the Cowlitz General Council, Tribal Council, tribal committees, or any other official body of the Tribe shall be open to enrolled Cowlitz tribal members, their families and Cowlitz tribal consultants.
(a) Attendance of any other individual at any of the above meetings shall be by express invitation of the Tribal Council or Executive Committee or General Council or committee chairperson in the case of a committee in advance of the meeting.
(b) The privilege of freely addressing the body shall be reserved to Tribal members. Invited guests and consultants may report at the meeting on the approved topic, respond to questions from the body, and may be excused from the meeting after their presentation.
(c) The meeting body reserves the right to go into closed session at any time deemed necessary to protect the privacy of the Tribe or of a particular individual. The decision to close the meeting shall rest with the body following discussion. All non-members of the Tribe would be excluded from the meeting at that time.
TITLE VII Ordinances, Resolutions and Rules
SECTION 1. The Cowlitz Tribal Council shall have the power by majority vote to enact and promulgate ordinances, resolutions and rules to implement the tribal constitution and these by-laws and to conduct the business of the Tribe.
(a) Such ordinances, resolutions and rules shall be collected and published for the information of the members of the Tribe.
SECTION 2. Ordinances. Every ordinance shall begin with the words, “Be it enacted by the Tribal Council of the Cowlitz Indian Tribe”.
SECTION 3 Resolutions. Every resolution shall begin with the words, “Be it resolved by the Tribal Council of the Cowlitz Indian Tribe”.
BY-LAW REVISIONS ENACTED BY GENERAL COUNCIL - 06/05/93; 06/06/98; 06/05/99; 11/04/00. Section 4. was revised on June 4, 2005 by order of the General Council; TITLE V Time and Place of Meetings SECTION 1. Tribal Council Meetings amended by order of the General Council November 8, 2008. Title V Time and Place of Meetings was amended by order of the General Council November 13, 2010. Title VII Section 1. Amended by order of the General Council June 6, 2015. Title IV Elections had a second reading by the General Council Secretary at the November 2, 2020 General Council meeting (mail in ballots were sent out to be voted on). Title IV, Section 2 was amended by mail-in election certified February 19, 2021. By General Council order on August 7th, 2021, the Constitution has been amended in Article II Section 2.