1.01.040 Council

(a) Composition

(1) The Council shall consist of three (3) Chiefs, three (3) Sub-Chiefs and one (1) Tribal Clerk elected by Members.

(2) Each year one (1) Chief and one (1) Sub-Chief will be elected to the Council on a staggered term basis.

(b) Term of Office and Eligibility

(1) Chiefs and Sub-Chiefs will be elected to three (3) year terms of office.

(2) Tribal Clerk will be elected to a three (3) year term of office.

(3) Eligibility to run for Council shall be determined by the Tribal Election Ordinance, as amended from time to time.

The three (3) Chiefs shall exercise all legislative and executive powers of the Tribe including, but not limited to the following; subject to the restrictions set forth in Section 1.01.050: (Removal) and Section 1.01.060: (Referendum Powers):

(1) To promote and protect the health, safety, education and general welfare of the Tribe.

(2) To enact ordinances and adopt resolutions as the Tribe, and to enforce the same.

(3) To negotiate with Tribes, Federal, State and other national Governments.

(4) To charter subordinate organizations, including housing, financial, economic development, health and other community boards and commissions, and to delegate to such organizations or to any subordinate boards or official of the organizations the power to manage the economic affairs and enterprises of the Tribe, reserving the right to review any action taken by virtue of such delegated power.

(5) To establish a Tribal Education System exclusively for the benefit of its members and residents.

(6) To employ legal counsel and fix compensation and fees.

(7) To regulate its own procedures for the management of Council business through the adoption of ordinances and resolutions.

(8) To regulate the use and disposition of all land within the jurisdiction of the Tribe, including but not limited to, the enactment of ordinances providing for the manner of making, holding and revoking assignments of tribal lands or interest therein.

(9) To enact ordinances providing for the removal or exclusion of any non-members who may remain within the jurisdiction of the Tribe.

(10) To provide by ordinance for the establishment and regulation of organizations or entities including public and private corporations and for any lawful purpose which may be profit or non-profit making.

(11) To borrow money and issue bonds and other evidences of indebtedness for the public purposes of the Tribe.

(12) To negotiate and contract with the Federal, State, Local and other governments, and with the Council and governing authorities of other Indian Tribes or Indian organizations, and private organizations, corporations and other entities.

(13) To levy and collect fees general and special assessments from any members or other person, firm or entity residing on or engaged in revenue generating activity on the land of the Tribe in order to raise revenue for the needs of the Tribe.

(14) To request the Secretary of Interior to confer trust or reservation status on lands reserved for, granted to or purchased by the Tribe.

(15) To advise the Tribe and members on all appropriation estimates and Federal and State projects for the benefit of the Tribe.

(16) To provide by ordinance for the jurisdiction of the Tribe over Indian Child Welfare matters and all other domestic relations matters.

(17) To administer the tribal government and conduct inquiries and hearing on the activities and performance of the administrative operations of the Tribal government.

(18) To apply for or accept grants, cooperative agreements, and donations from any person, firm, corporation, foundation, foreign country, organization, state, local, government, or the United States of America and any subdivision or component thereof.

(19) To take any action that may be necessary to defend the rights of Tribal members and the rights and powers of the Tribe.

(20) To take any action that may be necessary to carry out the initiatives of the Tribe.

(21) To take any action that may be necessary to carry out the sovereign authority of the Tribe.

(d) Powers and Duties of the Sub-Chiefs

(1) The Sub-Chief shall have all the power and shall perform all the duties of the Chief with whom s/he is elected for the remainder of the Chief's term of office, in the case of such Chiefs' inability to act due to the following:

(A) Chief dies during term of office.

(B) Chief deemed mentally incompetent by a licensed physician, with authentication by the Tribal Clerk.

(D) Chief resigns.

(2) The Chief may give authority to his or her Sub Chief to act upon his or her absence, or temporary inability to act, in writing, such writing to be delivered to the Tribal Clerk and shall indicate the duration and extent of authority designated.

(3) The duties of the Sub-Chief are determined by their respective Chief.

(e) Powers and Authority of the Tribal Court

(1) As defined in the Tribe's Judiciary Act, as amended from time to time.

(f) Powers and Authority of the Tribal Clerk

(1) As defined in the Tribal Clerk Act, as amended from time to time.