ALABAMA INDIAN AFFAIRS COMMISSION
NAME AND OFFICES
The name shall be herein referred to as the Alabama Indian Affairs
Commission, or officially as otherwise prescribed in Act #84-257 and
provided under Section 41-22-22, Code of Alabama, 1975, otherwise referred
to as “The Davis-Strong Act”.
The principal office shall be at Montgomery, Alabama.
The Commission may have offices at other such places as the
Commission may appoint or the purpose of the Commission may require.
Indian Affairs Commission shall be composed of thirteen (13) MEMBERS.
All members of the Commission shall reside in Alabama.
member of the State Senate, to be appointed by the Lieutenant Governor.
member of the House of Representatives, to be appointed by the Speaker of
the House of Representatives.
(9) Indian representatives, representing each of the nine (9) Indian tribes,
bands, or groups in the State of Alabama, appointed by the Governor upon
recommendation submitted by the following tribes, bands, or groups:
Poarch Band of Creeks of Escambia County, one (1) member.
Cherokees of Northeast Alabama, one (1) member.
Cherokees of Southeast Alabama, one (1) member.
Echota Cherokee Tribe of Alabama, one (1) member.
MaChis Lower Creek Indian Tribe, one (1) member.
Piqua Sept of Ohio Shawnee, one (1) member.
Star Clan of Muscogee Creeks of Pike County, one (1) member.
MOWA Band of Choctaw Indians, one (1) member.
United Cherokee ANI-YUN-WIYA Nation, one (1) member.
Commission shall appoint one (1) Alabama resident, who is a member of a
Federally recognized Indian Tribe, band or group, that is not a member or
the spouse of a member of any tribe represented on the Commission.
Governor shall appoint one (1) member at-large, who may be an Indian or
non-Indian; provided, however, that the majority of members of the
Commission shall always be Indian.
Certification of each of the Indian appointments
specified above all shall be by letter from an official of the tribe, band,
or group authorized to transmit appointments by the chief executive office
or the governing body of the tribe, band, or group.
A copy of the letter from the appointing authorities,
the Governor, Lieutenant Governor and Speaker of the House of
Representatives, shall be acceptable authority for membership to the Alabama
Indian Commission. Each
Commissioner shall submit his/her letter of appointment from the appointing
authority to the Executive Director or Chairman within fifteen (15) days of
Certification of appointees made by officials of the
Alabama State Government shall be by letter from the cognizant appointing
The Commission shall assume all powers delegated to it by the
Davis-Strong Act and not otherwise forbidden by the Constitution and laws of
the State of Alabama; including, but not limited to the following:
establish a place of principal office.
conduct meetings and elect/appoint officials to operate on its behalf.
adopt bylaws, rules, and procedures for its operation.
select and employ an executive officer who will serve at the pleasure of the
advise officials of state government in matters relating to the health,
education, and general welfare of the Indian citizens of the State.
solicit and accumulate funds from federal, state, and private sources for
the purpose of meeting the health, education, and general welfare of the
Indian Citizens of Alabama.
develop criteria for recognition by the Commission as an Indian tribe, band,
officers of the Commission will be elected for a period of two (2) years and
no officer shall serve more than two (2) consecutive terms in the same
capacity beginning with the June 1991 election.
To exercise such other powers, adopt such other policies, procedures, and
rules as area consistent with the Joint Administrative Committee’s approval
and compliance with the Administrative Procedures Act of 1981.
OFFICERS AND RESPONSIBILITY
Officers of the Commission shall be elected biennially and shall be the
Chairman and, Vice Chairman. A
majority vote of the Commission members present is required.
The Chairman shall preside at all meetings of the Commission and
exercise general charge and supervision of the Commission.
The Chairman shall also be known as the Chairman of the Alabama
Indian Affairs Commission and shall have the following duties:
represent the Commission in its official business.
disseminate or cause to be disseminated information pertinent to the
betterment of the Indian citizens of Alabama and the Commission.
appoint all standing, special and ad hoc committees.
render an annual report of the activities of the organization to the
Secretary of State of Alabama on or by April 15 of the previous year.
prepare the annual budget of the commission and present it to the
exercise general supervision of the Executive Director and prepare an annual
evaluation of his/her performance.
The evaluation shall be done on the anniversary date of the Executive
Director, using the State Merit System evaluation from and presented to the
Commission at the next meeting following the anniversary date.
appoint from the body of the Commission a Parliamentarian to serve
concurrently with the term of the Chairman.
serve as an Ex Officio member on all Committees.
The Vice Chairman of the Commission shall serve as Chairman of the
Commission in the absence of the Chairman at any meeting of the Commission,
and if the office of the Chairman is vacated for any reason, shall become
the Chairman of the Commission for the remainder of the term of the
Chairman, exercising all the duties and powers of the Chairman delineated by
In the event that the Vice Chairman becomes the Chairman as outlined in
Section 3 above; the commission shall meet within 30 days and elect a Vice
Chairman from its members.
Parliamentarian shall exercise the duty of overseeing the conduct of the
meetings of the Commission according to accepted rules of procedure in order
to assure fair and democratically conducted meetings.
CUSTODIAN OF COMMISSION FUNDS
The following three (3) officers shall have responsibility of the safe
and effective use of the funds for the Commission:
These three (3) officers shall comprise the Finance Budget Committee of
the Commission and each shall have the authority specified below:
expenditure in excess of Three Thousand, Five Hundred ($3,500.00) Dollars
must be approved by a majority of the Commission.
expenditure of the Commission may be made that is not in accordance with the
terms of any appropriation made by the State Legislature or, in the case of
federal grants or private contributions, not in accordance with the terms of
those grants or contracts.
the absence of the Executive Director, the Chairman of Vice Chairman may
affix their signature to any financial document.
Each of the thirteen (13) members of the Commission
shall have one (1) vote to exercise on any question brought before the
Commission in session assembled.
In the event a vote on an issue before the Commission is tied upon each
member casting the vote to which he/she is entitled, the vote of the
Chairman, either affirmative or negative, may be the determining vote.
Duties are governed by the Administrative Code Chapter
475-X-3: Adopted 11/95.
No expenditures of the Commission may be made that is
not in accordance with the terms of any appropriation made by the State
Legislature or, in the case of federal grants or private contributions, not
in accordance with the terms of those grants and contracts.
To use criteria as approved by the Commission.
To review and recommend changes to
the Commission on a bi-annual basis or by petition of two-thirds vote of the
AMENDMENT OF BYLAWS
These bylaws may be altered, amended, or replaced by a vote of a
majority of the Commission in regular or special session assembled, provided
that written notice be given by the Chairman of any intent to alter, amend,
repeal, or adopt new bylaws at any meeting.
Such intentions must be stated in the call for the meeting.