ARTICLE IV – RECALL AND REMOVAL OF OFFICERS
Section 1. Officers Subject to Recall or Removal. The Chairman, Vice Chairman, Secretary, and the Executive Council Members shall be subject to recall or removal from office as provided in this article and ordinances implementing this article enacted pursuant to Section 4(b)(2) of Article II of this constitution.
Section 2. Removal of Officers.
Section 3. Recall.
Section 4. Government As A Party. The Kaw Nation shall be considered a party to all court proceedings under this article, and, upon filing of a complaint or petition and notice thereof in court, it shall be the duty of the Executive Council to appoint some person to represent the interests of the Kaw Nation. This person shall participate in all court actions, may observe the planning and conduct of any election hereunder, and shall have the right to call or question any witness and present argument to the Court for the purpose of protecting the people’s interest in the fairness of the removal and recall procedures established by this article. The tribal attorney shall represent the government representative appointed by the Executive Council in such actions.
ARTICLE V – COURTS
Section 1. Establishment and Authority. The judicial power of the Kaw Nation shall be vested in one Supreme Court consisting of three (3) Justices and such inferior courts as may be established by tribal law.
Section 2. Jurisdiction. The Courts of the Kaw Nation shall be courts of general jurisdiction and shall further have jurisdiction in all cases arising under the constitution, laws, and treaties of the Kaw Nation. The Supreme Court shall have original jurisdiction in such cases as may be provided by law, and shall have appellate jurisdiction in all other cases.
Section 3. Selection of Judicial Officers. The Justices of the Supreme Court and Judges of inferior courts shall be selected by the Executive Council and confirmed by the General Council, Provided, That, Justices and Judges may be appointed by the Executive Council at the request of the Supreme Court to hear a specific case in which the regular Justices or Judges disqualify themselves. Magistrates of the inferior courts may be appointed by the Executive Council for a term of two (2) years, and shall undertake such limited judicial functions as the Supreme Court may by rule provide.
Section 4. Term of Office. The Justices and Judges of the Kaw Nation shall serve six (6) year terms beginning at the date of their confirmation in office and until their successor shall be duly confirmed and installed. At the expiration of his term of office, each Justice or Judge shall, at his option, be considered by the General Council for reconfirmation to a new term of office without opposition.
Section 5. Removal. Justices and Judges of the Kaw Nation may be removed from office only by a majority of the other active Justices and Judges sitting together upon a showing of habitual neglect of the duties of office, oppression in office for personal gain or advantage, or conviction in any court of a felony or other crime involving moral turpitude. Magistrates serve at the pleasure of the Executive Council and may be removed with or without cause at any time. In no case may a judicial officer be removed from office because of his decision or vote in any case before the court.
Section 6. Judicial Review. The Courts are hereby specifically authorized to review, in any case properly before them, the actions of the General Council, Executive Council, or any other officers, agents, or employees of the government of the Kaw Nation to determine whether those actions are prohibited by Federal law, this constitution or the laws of the Kaw Nation. If the action complained of is outside the scope of authority delegated to the entity in question, or if a proper authority is being exercised in a prohibited manner, the Court may enter injunction or other proper equitable relief or declare the action unconstitutional and void as justice may require.
Section 7. Effective Date, Interim Provisions.
ARTICLE VI – BILL OF RIGHTS
Section 1. Freedom of Religion, Speech, Press, Assembly, and Petition. The Kaw Nation shall not enact or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble or to petition for a redress of grievances. Section 2. Searches and Seizures. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
Section 3. Rights of the Accused.
Section 4. Protection of Life, Liberty and Property.
Section 5. Bills of Attainder and Ex Post Facto Laws. The Kaw Nation shall pass no bills of attainder or ex post facto laws.
Section 6. Habeas Corpus. The privilege of the writ of habeas corpus shall not be suspended under the laws of the Kaw Nation except when in cases of rebellion, insurrection or invasion, the public safety requires it.
ARTICLE VII – POPULAR PARTICIPATION IN GOVERNMENT
Section 1. The members 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 valid petition signed by at least one hundred twenty-five (125) eligible voters of the Nation.
The petition shall be filed in the Courts of the Kaw Nation which shall determine its validity and whether its content fairly describes the subject of the petition. Once the petition is certified as valid by the Court, an initiative election shall be called by the Chairman for the purpose of presenting to the qualified voters such issues requested by the initiative. The election shall be held within sixty (60) days of the validation of the petition. The results of the initiative election shall be conclusive and binding on the Executive Council Provided, That, a majority of the votes cast are in favor where at least two-thirds (2/3) of the eligible voters shall vote in the election. No initiative shall serve to abrogate, modify or amend any properly approved contract or agreement.
Section 3. Referendum. Any enacted or proposed ordinance or resolution or other action of the Executive Council shall be submitted to a popular referendum pursuant to this section upon receipt of a valid petition signed by not less than one hundred twenty-five (125) eligible voters of the Nation or upon request of a majority of the Executive Council.
The petition shall be filed in the Courts of the Kaw Nation which shall determine its validity and whether its content fairly describes the subject of the petition. Once the petition is certified as valid by the Court, a referendum election shall be called by the Chairman for the purpose of presenting to the qualified voters such issues requested by the petition. The election shall be held within sixty (60) days of the validation of the petition. The results of the referendum vote shall be conclusive and binding on the Executive Council Provided, That, a majority of the votes cast are in favor where at least two thirds (2/3) of the eligible voters shall vote in the election. No referendum shall serve to abrogate, modify or amend any properly approved contract or agreement.
Section 4. Whenever possible, any initiative or referendum election shall be held in conjunction with any scheduled regular or special Executive Council meeting or General Council meeting.
Section 5. No initiative or referendum which has been submitted to the members and rejected shall be considered again for at least six (6) months.
ARTICLE VIII – AMENDMENTS
(Amended Oct 13, 2006 see Amendment I below)
This constitution may be amended by a majority vote of the qualified voters of the Kaw Nation voting in an election called for that purpose by the Secretary of the Interior and conducted pursuant to Federal regulations, Provided, That, at least thirty percent (30%) of those entitled to vote shall cast ballots in such election, but no amendment shall become effective until it has been approved by the Secretary of the Interior so long as such approved is required by Federal law.
Amendments to this constitution may be proposed by a valid petition signed by at least thirty percent (30%) of the members of the General Council or by a majority vote of the Executive Council.
ARTICLE IX – SAVINGS CLAUSE
All enactments of the Tribe adopted before the effective date of this constitution shall continue in effect to the extent that they are not inconsistent with this constitution.
ARTICLE X – SEVERABILITY
If any part of this constitution is held invalid by the Federal Court to be unlawful, the reminder shall continue to be in full force and effect.
ARTICLE XI – ADOPTION
his constitution, when adopted by a majority vote of the qualified voters of the Kaw Nation voting in an election called for that purpose by the Secretary of the Interior pursuant to Federal regulations, Provided, That, at least thirty percent (30%) of those entitled to vote shall cast their ballots, shall be submitted to the Secretary of the Interior for his approval and shall be effective from the date of such approval.
AMENDMENT I
(Adopted by a vote on Oct. 13, 2006
Amendment I replaces ARTICLE VIII with the following language.)
ARTICLE VIII AMENDMENTS
This constitution may be amended by a majority vote of the qualified voters of the Kaw Nation voting in an election called for that purpose, provided, that at least thirty percent (30%) of those entitled to vote shall cast ballots in such election. If in such election at least thirty percent (30%) of eligible voters of the Tribe vote in the election, and the amendment is approved by a majority vote, said amendment shall be effective from the date of approval.
Amendments to this constitution may be proposed by a valid petition signed by at least thirty percent (30%) of the members of the General Council or by a majority vote of the Executive Council.