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AIAC Bylaws
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ARTICLE I
NAME AND OFFICES
SECTION 1. NAME
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 as “The Davis-Strong Act”.
SECTION 2. OFFICE
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.
ARTICLE II
MEMBERS AND POWERS OF THE COMMISSION
SECTION 1. MEMBERS
The Alabama Indian Affairs Commission shall be composed of thirteen (13) members.
All members of the Commission shall reside in Alabama.
The members shall include:
(1) A member of the State Senate, to be appointed by the Lieutenant Governor.
(2) A member of the House of Representatives, to be appointed by the Speaker of
the House of Representatives.
(3) Nine 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:
(a) The Poarch Band of Creeks of Escambia County, one (1) member.
(b) The MOWA Band of Choctaw Indians, one (1) member.
(c) The Star Clan of Muscogee Creeks of Pike County, one (1) member.
(d) The Echota Cherokees of Alabama, one (1) member.
(e) The Cherokees of Northeast Alabama, one (1) member.
(f) The Cherokees of Southeast Alabama, one (1) member.
(g) The Ma-Chis Lower Creek Indian Tribe, one (1) member.
(h) The Piqua Sept of Ohio Shawnee Tribe, one (1) member.
(i) United Cherokee Ani-Yun-Wiya Nation, one (1) member.
(4) The 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.
(5) The 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.
SECTION 2. CERTIFICATION
Certification of each of the Indian appointments specified above shall be by letter
from an official of the tribe, band, or group authorized to transmit appointments
by the chief executive office or 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 his/her appointment.
Certification of appointees made by officials of the Alabama State Government shall
be by letter from the cognizant appointing official.
SECTION 3. POWERS
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:
(1) To establish a place of principal office.
(2) To conduct meetings and elect/appoint officials to operate on its behalf.
(3) To adopt bylaws, rules, and procedures for its operation.
(4) To select and employ an executive officer who will serve at the pleasure of
the Commission.
(5) To advise officials of state government in matters relating to the health, education,
and general welfare of the Indian citizens of the State.
(6) To 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.
(7) To develop criteria for recognition by the Commission as an Indian tribe, band,
or group.
(8) All 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 June 1991 election.
(9) To exercise such other powers, adopt such other policies, procedures, and rules
as are consistent with the Joint Administrative Committee’s approval and compliance
with the Administrative Procedures Act of 1981.
ARTICLE III
OFFICERS AND RESPONSIBILITY
SECTION 1.
Officers of the Commission shall be elected bi-annually and shall be the Chairman
and, Vice Chairman.
(a). A majority vote of the Commission members present is required.
SECTION 2. CHAIRMAN
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:
(1) To represent the Commission in its official business.
(2) To disseminate or cause to be disseminated information pertaining to the betterment
of the Indian citizens of Alabama and the Commission.
(3) To appoint all standing, special and ad hoc committees.
(4) To render an annual report of the activities of the organization to the Secretary
of State of Alabama on or by April 15 for the previous year.
(5) To prepare the annual budget of the Commission and present it to the Commission.
(6) To 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 form and
presented to the Commission at the next meeting following the anniversary date.
(7) To appoint from the body of the Commission a Parliamentarian to serve concurrently
with the term of the Chairman.
(8) To serve as an Ex Officio member on all Committees.
SECTION 3. VICE CHAIRMAN
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 these bylaws. (1) In the event that the Vice Chairman
becomes Chairman as outlined in Section 3 above; the Commission shall meet within
30 days and elect a Vice Chairman from its members.
SECTION 4. PARLIAMENTARIAN
The Parliamentarian shall exercise the duty of overseeing the conduct of meetings
of the Commission according to accepted rules of procedure in order to assure fair
and democratically conducted meetings.
ARTICLE IV
CUSTODIAN OF COMMISSION FUNDS
SECTION 1.
(a) The following three (3) officers shall have responsibility for the safe and
effective use of the funds for the Commission.
(1) Executive Director
(2) Chairman
(3) Vice Chairman These three (3) officers shall comprise the Finance Budget Committee
of the Commission and each shall have the authority specified below:
(a) Any expenditure in excess of Three Thousand, Five Hundred ($3,500.00) Dollars
must be approved by the majority of the Commission.
(b) No 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 and contracts.
(c) In the absence of the Executive Director, the Chairman or Vice Chairman may
affix their signature to any financial document.
ARTICLE V
VOTING
SECTION 1.
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 is entitled, the vote of the Chairman, either affirmative or negative,
may be the determining vote.
ARTICLE VI
STANDING COMMITTEES
CRITERIA COMMITTEE
Duties are governed by the Administrative Code 475-X-3. Adopted 11/95.
FINANCE COMMITTEE
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
or contracts.
SCHOLARSHIP COMMITTEE
To use criteria as approved by the Commission.
BYLAWS COMMITTEE
To review and recommend changes to the Commission on a bi-annual basis or by petition
of two-thirds vote of the Commission Board.
ARTICLE VII
AMENDMENT OF BYLAWS
These bylaws may be altered, amended, or replaced by 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. Revised 12/10/02
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