| 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.
TRIABAL 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 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
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
applicants 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, applicats
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), its
bylaw and its
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 persons
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
persons 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
persons 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
members 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 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, for
children under 18 years
old $ 7.50. Dues for all
members are due and
payable by July 01 of
each calendar year. The
first dues assessment is
due July 01, 2008. All
members are required to
pay yearly dues by vote
of the Tribal Council.
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 its 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
The Principal
Tribal Mother shall keep
a record of the Clan
Tribal Mothers. This
includes their names,
addresses and telephone
numbers, and the state or
country they
represent. She will be
responsible for the
organizing of an annual
meeting of all clan
tribal mothers and
the keeping of all of
these meeting
records for the
National Secretary and to
report back to
the Tribal Council
of the organization. She
shall council the clan
tribal mothers when
assistance is needed for
guidance within a clan.
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
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