Kaw Nation

Kaw Nation: Initiative & Referendum Excerpt

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ARTICLE XII: INITIATIVE AND REFERENDUM

Section 1. The citizens of the Kaw Nation reserve unto themselves the power of initiative and referendum.

Section 2. Initiative. Any issue shall be submitted for an initiative election pursuant to this section upon receipt of a petition containing valid signatures of Kaw Nation citizens eligible to vote equal in number to at least forty percent (40%) of the number of valid ballots cast in the most recent General Election for Chair.

The petition shall be filed with the Election Board which shall determine its validity and sufficiency and whether its content fairly describes the subject of the initiative within ten (10) calendar days. Once the petition is certified as valid and sufficient by at least three (3) members of the Election Board, an election shall be called by the Chair for the purpose of presenting to the General Council the subject of the initiative. The initiative vote shall be held within sixty (60) days of the validation of the petition. The results of the initiative vote shall be conclusive and binding, provided that a majority of the votes cast are in favor of the initiative and at least two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in the election. No initiative shall void, modify, or amend any properly approved contract.

Section 3. Referendum. Any enacted or proposed legislation or other action of the Tribal Council shall be submitted to a referendum vote pursuant to this section upon receipt of a petition containing valid signatures of Kaw Nation citizens eligible to vote equal in number to at least fifty percent (50%) of the number of valid ballots cast in the most recent General Election for Chair or upon written request of a majority of the Tribal Council.

The petition shall be filed with the Election Board which shall determine its validity and sufficiency and whether its content fairly describes the subject of the referendum within ten (10) calendar days. Once the petition is certified as valid and sufficient by at least three (3) members of the Election Board, an election shall be called by the Chair for the purpose of presenting to the General Council the subject of the referendum. The referendum vote shall be held within sixty (60) days of the validation of the petition. The results of the referendum vote shall be conclusive and binding, provided that a majority of the votes cast are in favor of the referendum and at least two-thirds (2/3) of the eligible voters of the Kaw Nation shall have voted in the election. No referendum shall void, modify, or amend any properly approved contract. 

Section 4. Whenever reasonable, any initiative or referendum vote should be held in conjunction with any general or special election.

Section 5. No initiative or referendum that has been submitted to the citizens of the Kaw Nation and rejected shall be considered again until the next regularly scheduled General Election.

    Native Nations
    Topics
    Citation

    Kaw Nation. 2011. "Constitution of the Kaw Nation." Kaw City, OK. 

    Kaw Nation: Distribution of Authority Excerpt

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    Section 3. General Council Powers. The General Council shall be the supreme legislative body of the Kaw Nation.

    A. The General Council is empowered to assist the Tribal Council and may, at its discretion, issue broad policy directives, which shall be dutifully pursued by the Tribal Council. Such policy directives may include but not be limited to tribal strategic planning goals in the areas of housing, health care, education, historic preservation, and economic development.

    B. The General Council shall set the compensation of officials elected under Article IX of this Constitution based upon the recommendations of a salary commission consisting of (5) five people appointed by the Tribal Council and confirmed individually by the General Council. Said compensation shall be set only at the first meeting of each election year of the Chair, and any change in compensation so set shall take effect on Inauguration Day.

    C. The five Tribal Council actions described under subparagraphs 1, 2, 3, 4 and 5 of this paragraph shall have no force and shall be of no effect unless and until they have been approved by a majority vote of the General Council at a properly called meeting.

    1. The sale, mortgage (except purchase money mortgages on the land being purchased), or other alienation of tribally owned lands. Leases entered into pursuant to Federal statute, revocable permits, and assignments under tribal law where legal or trust title of the Kaw Nation remains unaffected are not alienations for purposes of this subsection.

    2. The establishment, enactment, amendment, or repeal of legislation respecting tribal elections, the Attorney General, access to tribal records, the Tribal Council rules of procedures, salaries for elected officials, recall, or impeachment of elected officials.

    3. The criteria and grounds for disenrollment of a citizen of the Kaw Nation without his or her consent.

    4. The exercise of the tribal power of eminent domain.

    5. The General Council has the right to approve the appointment of judicial officers except in a case as required by Article VIII, Section 4B.

    If the General Council fails to act on actions under paragraph C of this section at a properly called meeting for any reason, its approval shall be deemed to have been given if, and only if, a statement or notice that such action would be considered was included in the public notice of the meeting.

    Native Nations
    Topics
    Citation

    Kaw Nation. 2011. "Constitution of the Kaw Nation." Kaw City, OK. 

    Cherokees OK joint wind-energy project in north-central Oklahoma

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    The Cherokee Nation has approved plans to team up with four other tribes to develop a 90-turbine wind farm in Kay County. The five tribes will jointly operate the facility with 45 turbines on 3,000 acres of Cherokee-owned property and 45 more turbines on 3,000 acres owned by the four other tribes - the Kaw Nation, Otoe-Missouria Tribe, Pawnee Nation and Ponca Nation...

    Resource Type
    Citation

    Wade, Jarrel. "Cherokees OK joint wind-energy project in north-central Oklahoma. Tulsa World. May 15, 2013. Article. (http://www.tulsaworld.com/article.aspx/Cherokees_OK_joint_wind_energy_pr...