Cherokees of Orange County By Laws January 2009

Application of membership in the Cherokees of Orange County implies acceptance to the following by laws.

BY-LAWS OF THE CHEROKEES OF ORANGE COUNTY
Changes to March 2008 By-Laws Effective January 2009. Accepted and approved by members. January 10, 2009.

Mission Statement

The Cherokees of Orange County (COC) is established to promote and nurture the historical values, heritage, and roots of the Cherokee People living outside the boundaries of the Cherokee Nation. We will strive to learn and retain the Cherokee language, culture, and history. We will disseminate accurate information about present issues and act as a contact point for the At-Large Tribal Council representatives and their constituents.

ARTICLE I: MEMBERSHIP

1. Qualifications of Members

At least 60% of member households must be citizens of the Cherokee Nation. Membership shall be granted to an applicant upon payment of annual dues of twenty-four dollars ($24 US) and completion and approval of the application form of the Cherokees of Orange County, provided the maximum of 40% membership of non-citizens is not exceeded. Once exceeded, a waiting list will be established for a voting membership.

Annual dues shall apply per household. At the time of application each household shall designate the names of participating members over eighteen (18) years of age at the same address for voting purposes.

The approval of all membership applications is at the discretion of the Council.

2. Rights and Obligations of Members

Upon payment of membership dues, a member household shall receive one newsletter bi-monthly.

Membership is available to both un-enrolled and enrolled members of the Cherokee Nation; however, only enrolled members of the Cherokee Nation will be eligible to serve on the Council.

3. The council at its discretion may approve Honorary Membership to individuals.

Termination of Membership

Membership may be terminated by the Council for the following reasons: (a) violation of the by-laws of the COC and/or (b) action that is detrimental to the organization.

Only the Council has authority to investigate and/or terminate a membership. However, any member is entitled to bring to the Council a grievance concerning conduct by any member or Council member, which they believe to be a violation of the by-laws and/or action that is detrimental to the organization. The Council shall investigate all grievances. As part of the investigation, the Council is obliged to receive testimony and evidence from the member in question in their own defense. A membership may be terminated only after a consensus of the members of the Council is reached. If a member of the Council is under investigation, he or she may not participate and shall not be counted in the process of reaching consensus on, the question of their termination. The decision of the Council is final.

The approval of all subscriptions is at the discretion of the Council.

ARTICLE II: MEETINGS

1. Types of Meetings

A general meeting of the COC shall be held on the second Saturday of odd months.

In addition, the Council shall also meet at a regular time, which shall be decided upon annually by the Council upon their election.

2. Notifications of Meetings

The membership will be notified ten (10) days in advance of the time and place of all general meetings.

ARTICLE III: COUNCIL

1. Composition of the Council

The Council shall consist of not more than seven members nor less than five members. A majority of officers must be citizens of the Cherokee Nation. Each of the council members must be a COC member in good standing. Only one member of any household may serve at any given time.

2. Terms of the Council

Council members shall serve a term of two years.

A Council member may serve two full terms (four years) and then must sit out one year before running again.

3. Council Positions and Duties

The positions on the Council shall be as follow: (a) Meeting Facilitator, who shall organize the agenda, coordinate, Council meetings, (b) Records Keeper / Treasurer, who shall take attendance and keep minutes at Council and general meetings, and who shall maintain all other records except as herein provided and keep all financial accounts, and who shall convey information concerning the dues of new and renewed memberships to the Membership Councilor, (c) Membership Coordinator, who shall keep updated membership rolls, compile an annual membership directory for distribution to the membership, provide notification of pending renewal dates to members, and supply current membership lists monthly to the newsletter committee, (d) Media Relations, will handle communications, website management and newsletter for the COC community, (e) General Meeting Coordinator, who shall organize the any social or programs presented at the meetings, and, who shall organize and preserve information whether current or historical as to Cherokee Heritage or the COC.

These positions will be designated by the Council members at the first Council meeting after the bi-annual election, and will be designated for a period of time that is at least, but not limited to two years.

All Council members shall transfer any records that they maintain in their possession to their successors throughout the life of the organization.

All Council members have an equal voice on the council; each Council position is equal to all others. The Council shall act as a whole; no one Council member can make a unilateral decision for the Council.

4. Quorum

A quorum of the Council shall be reached when four (4) members are present. No official business shall be acted upon unless a quorum is present.

5. Attendance

Council members shall be required to attend at least sixty-seven per cent (67%) (4) of scheduled Council meetings per year and sixty-seven per cent (67%) (4) of scheduled general meetings per year. This is a total of 8 meetings per year.

6. Vacancy

In case of a vacancy, which reduces the council to less than five (5) members, the remaining Council members shall elect a member to serve the remainder of the vacated term or terms.

7. Youth Representative

There shall be a non-voting honorary member to the Council to represent the youth, under the age of 18. This member is not bound by attendance requirements. This position shall be appointed by the Council, if such person is available. The youth Representative must be between the ages of 13 and 17 since it is a non-voting position.

ARTICLE IV: ELECTIONS

1. Election Committee
Sixty (60) days prior to the election for Council members, the Election Committee shall be selected. It shall consist of two (2) members of voting age who are in good standing as a member of Cherokees of Orange County. The Election Committee shall be volunteers unless there are more than two volunteers then two will be selected by lottery.

Candidates and their families are ineligible to serve on the election committee.

2. Announcements of Candidates

Candidates must declare their candidacy no later than thirty (30) days in advance of the election. They will provide a written statement of candidacy and a biographical sketch of no more than 200 words to the Election Committee for publication in the newsletter.

If not enough candidates declare within thirty days prior to the election, then the Election Committee will recruit additional candidates.

3. Election Procedures

Members of Cherokees of Orange County wishing to vote can do so at the bi-annual election by submitting
an e-mail ballot, attend the meeting the month the election is held and voting in person, or submit the
ballot that comes in the newsletter, WIND WORDS. All votes must be in the hands of the Election
Committee by 11:30 on the day of the election in order to be valid.

An Election Committee member shall open each ballot and record the votes. The second member shall also count and record the votes.

The announcement of the new Council members shall be made at the meeting by the Election Committee, but the vote totals will not be announced. Individual candidates may inquire privately of the Election Committee to obtain their own vote totals.
In case of a tie, the Election Committee shall conduct a runoff election by secret vote among the members present at the meeting to break the tie.

The Election Committee will keep the ballots for thirty (30) days after the election. After thirty days the ballots shall be destroyed and the Election Committee disbanded.

4.Quorum

Election results will be based on the total number of votes received by the stated deadline.

ARTICLE V: AMENDMENTS

1. Proposing Amendments

Any member may propose an amendment to these by-laws by submitting to the Council at least sixty (60) days prior to the election of the Council members. The Council will collect all proposed amendments and present them for a vote annually at the same time as the election for Council members at the same time and in the same manner as the election of Council members.

The Council shall have the discretion to bring any proposed amendments to the immediate vote of the council if such urgency is deemed necessary in order to bring the by-laws into compliance with any Cherokee Nation requirements. A quorum of four council members is required to amend the by-laws.

2. Accepting Amendments

An affirmative vote of 60% of ballots cast on election day is required to pass an amendment.

ARTICLE VI: GIFTS AND DONATIONS

1. Acceptance of Gifts and Donations

All gifts and donations must be approved by the Council before acceptance.

2. Contributions by the Organization (COC)

All donations or honorariums made by the COC up to fifty dollars ($50 US) must be approved by the Council. Donations or honorariums over fifty dollars ($50 US) must also be approved by the membership by vote. The upcoming vote shall be announced in the newsletter and shall be taken at the next general meeting. A simple majority shall prevail.

ARTICLE VII: REPORTS

1. Required Reports

The Treasurer shall make monthly financial reports to the Council and semi-annual written reports to the membership.

The Council will make semi-annual written reports to the membership.

The Membership Coordinator shall compile a membership directory for distribution to members.

ARTICLE VIII: COMMITTEES

1. Oversight of Committees

The Council shall oversee the function of all committees.

Committees may be formed as necessity dictates.

ARTICLE IX: ENDORSEMENTS AND REPRESENTATIONS

1. Endorsements

No member of COC shall use the name of the COC in political campaigns or as an endorsement of any candidate for political office in the Cherokee Nation or any other election.

The COC as an organization is prohibited from campaigning for or endorsing any candidate for political office in the Cherokee Nation or any other election.

2. Representations

No member of the COC shall use the name of the organization to represent themselves for direct commercial gain, or for purposes of self-promotion or the promotion of any individual’s outside interests, except with permission from the Council.
COC members may state their membership for identification purposes only on resumes and other similar applications.