CONSTITUTION AND BY LAWS OF THE SANTA ROSA COUNTY CREEK INDIAN TRIBE, INC.
ARTICLE 1. NAME The name of the corporation/Tribe shall be the "Santa Rosa County Creek Indian Tribe, Inc. A. The address of the corporation/Tribe is as follows:
THE PURPOSE OF THIS ORGANIZATION/TRIBE, its Officers and Members, is to promote the health, welfare, education, culture and heritage of the Creek Indian People of Florida.
To establish community awareness of the Santa Rosa County Creek Indian Tribe, Inc., through education, outreach programs, and traditional events to promote the growth, support, and wellbeing of the American Indian culture .
Preserve, enhance, and ensure the heritage, culture, and natural resources of the Santa Rosa County Creek Indian Tribe, Inc. for future generations .
The seal of the Corporation/Tribe shall be circular in form and shall be inscribed thereon the words "The Santa Rosa County Creek Indian Tribe, Inc.", and the word "Seal". A. The Tribal seal is the official seal of the Tribe and shall not be used for any purpose without the approval of the Tribal Council.
The Santa Rosa County Creek Indian Tribe, Inc., shall have the following officers: President/Chief, Vice President! Vice Chief, Secretary and Treasurer. These officers shall perform the duties of their positions as listed below: A. The powers of the President (Chief). The President (Chief) shall be a Creek Indian or a descendant of a Creek Indian, and a Member of the Santa Rosa County Creek Indian Tribe, Inc., and in good standing with said Tribe. He/She shall be the Chief Executive Officer of the Tribe and shall see that all orders and resolutions of the Board are effective. He/She may execute bonds, mortgages and other contracts requiring a seal, but all such contracts must be attested by the Secretary. B. The powers of the Vice President (Vice Chief). In the absence of the President (Chief) or in case of his failure to act, within a reasonable time, the Vice President (Vice Chief) shall have the powers of the President (Chief) and shall perform such duties as shall from time to time be imposed upon him or them by the Board of Directors (Council). C. The Powers of the Secretary. The Secretary shall attend and keep minutes of all meetings of the Board (Council) and Members. He/She shall have charge of the records and seal of the Tribe and shall in general perform all duties incident to the office of the Secretary of the Tribe, subject at all times to the direction and control of the Board (Council). D. The powers of the Treasurer. The Treasurer shall keep full and accurate account of receipts and disbursements of assets belonging to the Tribe and shall deposit all monies and other valuable property and effects in the name of the Tribe in such depository or depositories as may be ordered by the Council. He/She shall disburse the funds of the Tribe as may be ordered by the Board (Council) taking proper vouchers for such disbursements, and shall render to the Council whatever they may require in accounting of all transactions as Treasurer and the financial condition of the Tribe. At the annual meeting of the Council, he/she shall render a full report of the Treasurer for the current year. He/She may be required by the Tribe to give the Board (Council) a bond in such sum and with such surety or sureties as the Council may require for the faithful performance of duties of the office and the restoration of the Tribe. In the case of his/her death, resignation or removal from office, all books, papers, money and other property of whatsoever kind in his/her possession and contract, belonging to the Tribe, shall be given to the Chief or Vice Chief. The election of these officers shall be according to the guidelines in ARTICLE IX. EXECUTIVE BOARD.
The Santa Rosa County Creek Indian Tribe, Inc.
Santa Rosa County Creek Indian Tribe, Inc. 7200 Chumuckla Highway, Pace, Florida 32571
ARTICLE II. PURPOSE
ARTICLE III. MISSION
ARTICLE IV. VISION
ARTICLE V. SEAL
ARTICLE VI. OFFICERS
ARTICLE VII. MEMBERS
A. Full Members : To become a Full Member of The Santa Rosa County Creek Indian Tribe, Inc., the person must be a Creek Indian or a descendant of a Creek Indian. This descendancy must be documented and proven to the satisfaction of the Council. Once this requirement is proven, appro val from the Council is required to become a Full Member of the Tribe . This tribe can declare full membership to American Indians who can satisfactorily document descendants of their personal heritage. B. Associate Members. Associate Members shall be the spouse of fully documented American Indians or their descendants. In the case of divorce or death of the Full Member, the Associate Member may be designated as an Honorary Member. Associate Members must be approved and accepted by the Council. C. Honorary Members. Honorary Membership may be bestowed upon certain persons from time to time, upon approval of the Council. D. Voting Members. Full Members and Associate Members, who are currently active and in good standing in the Tribe, may cast votes in the election of the Council Members and other certain other Tribal actions that might involve Membership vote. Full and Associate Members must be 18 years of age to cast votes. Honorary Members shall not have the right to vote nor serve as an officer of the Council. Associate Members may not serve as an officer or sit on the Council of the Tribe. No Full Member shall be a Member of any other Tribe, simultaneously, regardless of the circumstances. Associate & Honorary Members may have dual Memberships. All Members (Full, Associate and Honorary), upon accepting Membership shall read, acknowledge and swear to the following oath: "Here today, in the sight of God and witnesses of the Creek Indian People, I __________, do solemnly swear to uphold the Constitution of The Santa Rosa County Creek Indian Tribe, Inc., as an active Member and Representative of the Creek Indian People. I vow to work for their unity and welfare at all times, maintaining harmony and respect for the leaders and Members of this Tribe. I personally vow to serve in every capacity possible to promote and improve Tribal affairs and Tribal needs. I willingly accept these obligations as part of my Membership of the Santa Rosa County Creek Indian Tribe, Inc. If I find that I can no longer fulfill these obligations, I will remove myself from this Membership. This I swear to my Creek Family." The above shall be signed, dated and witnessed by two Members of the Council at the time Membership is bestowed. Those out of the area shall sign and date the oath before a Notary and provide it to the Council. Active Full Members, Active Associate Members and Active Honorary Members, in good standing with the Tribe, may participate in activities of the Tribe. Some examples are Dance Team, Drum Team, Princess and Warrior Competition, etc. Any activity that might create a question as to participations shall be presented to the Council. Their majority decision shall be final.
ARTICLE VIII. MEETINGS
Meetings of the Corporation/Tribe shall be held in accordance to the following guide lines : A. Board (Council) meetings shaIl be held in the office of the Tribe in Santa Rosa County, Florida, or at such other place as shall be specified by a waiver thereof in the notice of a pending Council meeting. Regular meetings shaIl be held as set by the Tribal Council. These meetings may be rescheduled in the event of emergency or conflict. Meetings can also be cancelled with majority vote of the Council. Any Member, in good standing with the Tribe, shall have the privilege of attending Board (Council) meetings. B. Annual Pow Wow and Tribal meetings shall be held at the office of the Tribe or at such other place (s) as shall be specified, on a specified day(s) of each year, as set by the Board of Directors (Council). In the event such annual meeting is omitted by oversight, the Directors (Council) shall cause a special meeting, in lieu thereof, to be held as soon thereafter as convenient and any business transacted as if held at the annual meeting date originally scheduled. Such subsequent meeting shall be called in the same manner as provided for special Board (Council) meetings. C. Special Meetings of the voting Membership may be called by the Board (Council) by giving each voting member, or their representative(s), either personally, by mail , telephone or telegraph, at [east fifteen (15) days notice of the time, place and purpose of the meeting. D. Executive Meetings may be called by the Board (Council) at any time deemed necessary and separate from the regular monthly meetings. Anyone currently sitting on the Council is a Member of the Executive Committee. E. Quorum: A quorum shall be no less than five (5) Council Members, two (2) of whom must be Corporate Officers. A quorum at a General Tribal Meeting shall be no less than stated above, and all other voting meetings, provided such general meeting has been announced as prescribed here, for the transaction of business. In the case a quorum is not present, the meeting shall be adjourned without notice other than announcement at that time, and the meeting re-held at a time when a quorum is present. At any such time , any business may be transacted as the meeting originally called. F. Voting: At any meeting of the Membership, every Member having a right to vote at that meeting shall have the right to vote in person or by proxy. (Distinction - Member voting in meeting involving members hip voting, Member must vote in person or submit a written proxy prior to the meeting. This proxy must name the Member authorized to vote, the date and must be notarized. A Council Member may vote in person or may assign his proxy, prior to the meeting, to another Council Member to cast his vote at that meeting. This assignment may be made verbally.) Once a proxy is given, the person receiving the proxy may cast that vote in any decision he wishes unless otherwise directed by the person giving the proxy. A proxy vote may be used only once by any Member or Council Member during the same calendar year of January through December. Casting of proxy votes will be recorded by the Secretary. At the time of roll call, any proxy must be announced by the Member receiving the proxy and the Member giving the proxy. The Secretary will , at that time, announce to the Council as to the legality of the proxy use. Absences: If any Council Member has two (2) consecutive unexcused absences, a vote will be taken to determine if the Council Member will be retained or dismissed. It is the responsibility of each Council Member to attend and take part in all activities and meetings and to notify another Council Member if an absence is coming (with reason). If no notice is given at roll call, the absence will be considered unexcused. Examples of some excused absences are work, sickness, family death, family medical emergencies, out of town, etc. Final decision of excused and unexcused will be decided by the other Members of the Council. Should any type action be taken, a certified letter will be sent to the last address on file to notify the person involved of the decision and conditions or actions being required by the Council. Proper mailing of such a certified letter shall be considered as completed notification to that person. G. Order of Business: Various meetings shall be held by the proper party. Examples: Regular meetings shall be held by the Chairman or next ranking officer. Executive meetings shall be held by the Chairman or next ranking officer. Special meetings (such as Pow Wow or special program meetings) will be held by the Member calling the meeting. Regular Council Meetings Order of Business : a. Call to Order b. Invocation c. Proof of notice of meeting and verification of quorum by roll call. d. Reading of Minutes of last, previous meeting. e. Reports of Officers f. Reports of Committees. g. (If annual meeting) Election of Board of Directors (Council) and Officers. h. Miscellaneous business.
ARTICLE IX. EXECUTIVE BOARD
Election of Executive Board/Counci l Members shall be done at the designated annual meeting by a majority vote of qualified voting Members of The Tribe. A Nominating Committee shall notify Membership by letter of any position that will be up for vote, at least fifteen (15 ) days prior to the election. This notice must contain the positions involved and instructions as to nomination and election procedure. Nominations must be in writing and legible, plainly dated, list the name and position of the person nominated and all nomination letters must be signed (with printed name below) and must display Nominating Party's Membership number. The Nominating Committee must include in it's notice the deadline for nominations and the location where nominations must be received. The nomination letter must also inform Membership of the date, time and location of the annual meeting at which the election will occur. After the Nominations meeting, all nominated parties shall be posted at Tribal Headquarters so that Membership can inquire and choose the nominee of their choice. The President (Chief) and Vice-President (Vice-Chief) shall be elected for a period of four (4) years. The Secretary and Treasurer shall be elected for a period of two (2) years. The Chairman shall be elected by the Council at the beginning of each year (one year term). The election of President (Chief), Vice President (Vice Chief), Secretary and Treasurer is achieved by a majority vote of the Council. To be official , a minimum of seventy-five (75%) per cent of the Council must be present or cast a vote by written proxy. The Council may elect such other officers as it may deem proper from time to time. Any officer may be removed by an affirmative vote of seventy-five (75%) per cent of the majority of the Membership of The Board (Council). Any election held in noncompliance with the above is null and void. The Members of the Council may be elected, shall serve, unless removed, and perform as herein set forth , for a period of four years or until their successor is elected by the same proper methods by the voting Membership. All officers must be Members of the Council.
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Terms of office
Chief   4 year term Vice Chief 4 year term Secretary 2 year term Treasurer 2 year term Chairman 1 year term - appointed by the Council     at the beginning of each year.
B. Members of the Board of Directors (Council) The Board of Directors (Council) shall consist of not more than ten (10) Members, 4 (four) of which must be Corporate Officers serving in the same capacity as on the Corporate Board , and shall meet the following criteria: C. Qualifications of the Board of Directors (Council) Must be a Creek Indian or descendant of a Creek Indian or have previously been a           Member of a Creek Indian Tribe, must be registered on the rolls ofThe Santa Rosa County Creek Indian Tribe, Inc., must be eighteen (18) years of age or older (voting Member of the Tribe) and must be in good standing with the conditions of Membership of the Tribe. Must sign and Oath of Office pledging active contribution and dedication to the welfare and harmony necessary to promote the advancement of the Tribe . Anyone who is deemed to do otherwise may be removed from the Council by 75% (seventy-five per cent) vote of the Council. There will be no appeals to such actions. All persons nominated and elected to Council must be a full and current member in good standing for a minimum of one year and must have actively participated in at least 60% of tribal activities during that time. Any and all qualifications must be accepted and approved by unanimous vote of that committee.
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D. Powers of the Board of Directors (Council)
1. All checks and drafts shall be signed by the Corporate President and/or the Secretary and the Treasurer in a manner as the Board (Council) may from time to time determine. Two signatures are required and at no time shall one signature alone be sufficient to execute said checks and drafts. 2. All deeds and mortgages made by the Tribe, and all contract s and agreements to which the Tribe shall be a party, shall be executed by the President (Chief), Vice President (Vice Chief) and the Secretary of the Tribe, unless the Board (Council), by resolution in writing or of record s, otherwise directs or determines. The Corporation and the Tribe shall be held blameless and harmless and not responsible for any verbal contract not subsequently consummated in writing as required hereby. 3. The President (Chief) and Secretary of the Tribe, as the occasion may arise, and when authorized and directed by the Board (Council), may borrow money from any individual, corp oration, insurance and banking institution, and to execute such note s or other documents as may be necessary or proper to evidence such loan and to secure the payment thereof, from time to time , and to pledge and assign to such individual or corporation to secure any such indebtedness, and to do such other acts as may be necessary to properly secure the person or institution from whom such money may be borrowed. 4. The President (Chief) and Secretary are also authorized to accept warranty deeds, loan deeds, security deeds, mortgages, bills of sales, to secure debt, and conditional sales agreements on behalf of the Corporation (Tribe) and in connection with any and all of the objects of the business of the Corporation (Tribe), with prior Board (Council) approval. The documents and types of conveyances above are some examples of acceptable items but does not limit, in any way, the acceptance of other types, with prior approval from the Board (Council). 5. The Santa Rosa County Creek Indian Tribe, Inc., Council and Members shall always make every effort to constantly maintain our non-profit (501-3-C) status. Accordingly, should this Tribe ever disband or be dissolved, our funds and assets shall be distributed to other non-profit organizations as deemed acceptable by the majority vote of the Tribal Council in force at the time of such occurrence. 6. The Board of Directors (Council) shall have the power to admit and remove Members to the Corporation (Tribe) in such manner, subject to such qualifications, and upon such terms and conditions and with such rights as may be provided for from time to time in the By-Laws of the Corporation (Tribe). 7. Proposals for financial support or financial request shall be submitted to the Tribal Council for approval.
ARTICLE X. COMMITTEES
A. Standing committees shall be designated, directed and approved by the Executive Board/Tribal Council. These standing committees are the nucleus of the communication network through which members are to be kept informed of the items and issues that come to the attention of the Executive Board/Tribal Council. B. Chairpersons of the committees shall be members of the Tribe in good standing and shall be appointed by the Tribal Council. C. A committee report shall be given at each corporation/Tribal meeting. D. All committee members shall be current members in good standing prior to serving on any committee. E. Committees of the Tribe and roles of each committee are as follows: 1. Planning Committee: 2 Cultural/Heritage Committee: 3: Education Committee: 4. Audit Committee: a. An audit committee shall be appointed by the Tribal Council to audit the financial records of the Tribe annually by April 1st of the New Year and report findings to the Tribal Council. 5. Pow Wow Committee: 6. Constitution and By-Laws Committee: 7. Dance Committee: 8. Grants Committee: 9. Ad-Hoc Committee: a. The Tribal Council may appoint Tribal Members or Non-Tribal Members to these committees as deem necessary. b. Ad Hoc committees appointed by the Tribal Council will be active for a one year period or until the assigned task has been completed.
ARTICLE XI. GOVERNMENT
The laws of the Tribe shall consist of the Constitution and Bylaws, Robert's Rules of Order, and any additional regulations passed by the Tribal Council.
ARTICLE XII. AMENDMENT OF BY-LAWS
The By-Laws of the Corporation (Tribe) may be altered , amended or repealed and new ByLaws be adopted, only by the affirmative vote of a majority of the Members of the Board of Directors (Council). The amendment(s) shall become effective immediately upon adoption.
These By-Laws were adopted and signed by the UNDERSIGNED SUBSCRIBING Incorporators, Thomas E. Nichols (Chief and President) and Lloyd Hinote (Vice Chief, Vice President, Tribal Secretary and Resident Agent) on the 29th day of January, 2010 in the presence of Laurie Perritt (Notary Public) An Original Copy of this document is on File at the office of: The Santa Rosa County Creek Indian Tribe Inc. Click here for a PDF copy of the original.  
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