| 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. TRIBAL
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
it’s 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
applicant’s 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,
applicants 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), it’s
bylawsand 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 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 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.
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
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 it’s own motion.
5.3.
HEARING.
Upon the
filing of a written complaint,
the recommendation of the
membership, or upon it’s 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
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 members are
required to pay yearly dues by
vote of the Tribal Council. 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 and for
children under 18 years old $
15.00 per year. Dues for all
members are due and payable on
January 01 of each calendar year.
Dues are considered overdue as of
March 31, members who do not pay
their dues by this date will be
moved to the inactive list.
Amended
November 01, 2011
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
$35.00, $15.00 is for the first
year dues and $ 20.00 is for the
membership package and picture ID
card.
Amended
November 01, 2011
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
it’s 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
Deleted March 31, 2009
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 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 or The Principal Chief
by January 10th
of each year, by a ruling of the
internal revenue service of the
U.S. government.
10.6.
DONATIONS
Once we are
a 501c3, all that have given
contributions to The United
Cherokee Nation (UCN) 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 Clans or members will be
counted as a donation, unless
designated by the Tribal Council
to reimburse the appropriate
person or Clan.
Amended
March 31, 2009
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
Tribal Council.
11.2. NOTICE
OF ANNUAL MEETING.
A regular
notice of the annual meeting
shall be mailed to each members
of record at his address as it
appears upon the records of the
organization directory no less
then two weeks prior to the
meeting by the Secretary of the
organization or by such other
person designated by the Tribal
Council.
11.3.
REGULAR MEETING OF TRIBAL
COUNCIL.
Regular
meetings shall be held monthly or
as more often as the Tribal
Council deem necessary at such
time and place as shall be
determined by the 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 or
the Secretary or by a majority of
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 ten (10) 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 Tribal Council or
the membership shall be confined
to the matters set forth in the
notice of the meeting. This
restriction shall not apply if
there are two-thirds (2/3) of the
members present at 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 Tribal Council shall be
open to members.
13. RULES
AND REGULATIONS
The 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
majority vote at any annual
meeting of 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
two-thirds (2/3) majority vote at
any members’ meeting having
a quorum where the notice of such
amendment or new bylaws is not
given: provided, however, that no
change in the time or place for
the election of the Tribal
Council shall be made within
thirty (30) days next before the
day on which such election is to
be held without the written
consent of all the Tribal Council
members.
16.
EFFECTIVE DATE
These bylaws shall be
effective as Amended by vote of
the Tribal Council on November
01, 2011
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