Government

Until 1913 the Sisseton Wahpeton Oyate operated under a traditional government. The federal Indian Agent at
the Sisseton Agency had then put into place an advisory board. In 1946 the tribe was constitutionally established
and the first Tribal Council was formed.

 

 

On February 19, 1867, the Government and the Sissetons and Wahpetons signed a treaty reserving the following
tract of land for these people. It began at Lake Traverse and ran along the treaty line of 1851 treaty to Lake
Kempeska. The northwest boundary extended just across the line into North Dakota to the Airy Mound in Sargent
County.

Until 1913 the Sisseton-Wahpeton Oyate operated under a traditional government. The federal Indian Agent at
Sisseton Agency had then put into place an advisory board. In 1946 the Tribe was constitutionally established
and the first Tribal Council was formed.

The Tribal Council consists of the Tribal Chairman, Vice-Chairman, Tribal Secretary and a Representative from
each of the seven districts.

The Sisseton-Wahpeton Oyate Constitution

        Article I -     Jurisdiction
        Article II -     Membership
        Article III -    Organization
        Article IV -   District Organization
        Article V -    Nominations and Elections
        Article VI -   Vacancies, Removal and Recall from office
        Article VII -   Powers
        Article VIII -  Meetings
        Article IX -   Bill of Rights
        Article X -    Initiative and Referendum
        Article XI -   Amendments

 

 
And By-Laws
    
        Article I -     Duties of Officials
        Article II -    Oath of Office

 

 

SISSETON-WAHPETON OYATE

LAKE TRAVERSE RESERVATION

 

REVISED CONSTITUTION AND BY-LAWS

OF THE

SISSETON-WAHPETON OYATE

(As amended by Amendment No. II, effective December 19, 2002)

 

                        We, the Sisseton-Wahpeton Oyate, in order to form a better tribal government, exercise tribal 
                        rights and responsibilities and promote the welfare of the people, do hereby establish this 
                        Revised Constitution and By-Laws.

 

 

 

ARTICLE I – JURISDICTION

  

                        The jurisdiction of the Sisseton-Wahpeton Oyate shall extend to lands lying in the territory
                        within the original confines of the Lake Traverse Reservation as described in Article III of the
                        Treaty of February 19, 1867 and those lands subsequently acquired by the Sisseton-Wahpeton
                        Oyate.
(As amended by Amendment No. X effective November 15, 2006.)

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                                                     ARTICLE II – MEMBERSHIP

SECTION 1. The membership of the Sisseton-Wahpeton Oyate shall consist of: 

                        (a) All persons of Indian blood whose names appear on the official census roll of the Tribe as of 
                              January 1, 1940, which shall be the basic tribal membership roll. Corrections may be made in 
                               this roll by the Council. (As amended by Amendment No. IV, effective November 15, 2006.) 

                        (b) All persons of Indian blood born after January 1, 1940, the date of the basic membership roll, 
                              and prior to October 16, 1946, the date of approval of the original Constitution, to members 
                              of the Tribe. 

                        (c) Children born on or after October 16, 1946 the date of approval of the original Constitution, and
                              prior to December 21, 1959, to members of the Tribe who were residents of the Lake Traverse
                              Reservation at time of the birth of said children. (As amended by Amendment No. xx, effective
                                        December 12, 1994.) 

                        (d) All Persons of one-eighth (1/8) degree or more Sisseton- Wahpeton Sioux Indian blood born to
                              members on or after December 21, 1959, and prior to November 21, 1978. (As amended by
                                        mendment No. IV, effective November 21, 1978.) 

                        (e) All persons of one-forth (1/4) degree or more Sisseton-Wahpeton Sioux Indian blood born to
                              members on or after November 21, 1978. (This section added by Amendment No. IV, effective 
                                        November 21, 1978.)
 

                        (f) All persons applying for membership under Article II, Section 1. (a),(b), (c), and (d) (on or after
                             the effective date of this amendment) must be one fourth (1/4) degree or more Sioux Indian blood.
                            (As amended by Amendment XI, effective December 20, 1985.) 

                        (g) All persons applying for membership under Article II, Section I. (a),(b), (c), (d), (e), and (f) (on or
                              after the effective date of this amendment) may be Sisseton-Wahpeton Sioux blood and other
                              Sioux Indian blood, totaling one-forth (1/4) degree or more Sioux Indian blood.(As amended by
                                        Amendment XIII-A, effective December 28, 1990.) 

                        (h) All persons applying for membership under Article II, Section I. (a),(b), (c), (d), (e), (f) and (g) 
                            (on or after the effective date of this amendment) may be Sisseton-Wahpeton Sioux Indian blood
                            and other Native American Indian blood, totaling one-forth (1/4) degree or more Native American
                            Indian blood. (As amended by Amendment XIV-B, effective December 28, 1990.)


SECTION 2.  A member of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation SHALL NOT be dually
                        enrolled in another tribe. (This Section added by Amendment No. XII. effective November 15, 2006.) 

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                                                                ARTICLE III – ORGANIZATION

SECTION 1. The Sisseton-Wahpeton Oyate (people) of the Lake Traverse Reservation shall be governed by a
                        Council consisting of seven (7) Councilmen and three (3) Officers. Except for the Officers, one
                        Councilman shall be elected from each of the seven districts and shall possess the voting strength
                        according to population. The Chairman, Vice-Chairman and Secretary of the Council shall be elected
                        at large, which Officers shall constitute an Executive Committee. The Vice- Chairman and the Tribal
                        Secretary shall each have one vote in Council meetings. In meetings of the Council, the Chairman shall
                        vote in case of a tie. (As amended by Amendment XXIl and Amendment XXlll, effective April 15, 1997 
                                and further amended by Amendment IV) effective December 19, 2002.)


SECTION 2. The Executive Committee, in formal session, shall have the power to speak and act for the Tribe when the
                        Council is not in session and to carry into effect all properly enacted resolutions and ordinances of the 
                        Council and to appoint any boards, committees, or associations necessary to the transaction of tribal
                        business, The Council shall review any action taken by the Executive Committee not delegated to it either
                        in this Revised Constitution or in the enactments of Council. The review shall be limited only to the next 
                        meeting of the Council following notification of the action of the Executive Committee.

SECTION 3. Members of the Council shall serve terms of two (2) years commencing on the date of the first regular
                        meeting in January, 2007, and thereafter in January of odd numbered years and until their successors
                        have been elected and seated. Any Council and Executive Committee member shall serve no more
                        than two (2) consecutive terms for a total of four (4) years in the same office. Any Council member or
                        Executive Committee member may again file for office after a two (2) year time period. (As amended
                                by Amendment XXI, effective April 15, 1997 and Amendment 1, effective December 19, 2002, and further amended by 
                                Amendment No. 11, effective November 15, 2006.)


SECTION 4. There shall be a General Council composed of the enrolled members of the Tribe eighteen (18) years
                        of age and over.A quorum for a General Council shall be at least ten percent (10%) of the registered 
                        members. It shall be the duty of the Tribal Council to call and notice, at least twice in each calendar year,
                        a General Council meeting where tribal member questions will be addressed. The first General Council
                        meeting will be held on the last Thursday and Friday of June where the following presentations will occur: 
                        (1) Financial reports for tribally-owned gaming operations; and (2) Office of Vice-Chairman financial
                        report of the past calendar year and budget for the current calendar year. The second General Council
                        meeting will be held on the third Thursday and Friday of December where the following presentations will 
                        occur: (1) financial report for other tribally-owned economic development ventures; and (2) the Council
                        all Tribal Committees, Associations, and organizations shall present a report on the past year's activities, 
                        and insofar as it is possible, explain the proposed programs for the ensuing year. The General Council
                        may be convened only by action of the Tribal Council. (As amended by Amendment No. I, effective October 18, 
                                1972 and Amendment XVI- C, effective December 27, 1994 and further amended by Amendment IV, effective December 19, 
                                2002.)


SECTION 5. (a) There shall be a judicial branch comprised of a Tribal Court consisting of one Chief Judge and two
                         Associate Judges with supportive staff; and an appellate court. (Section 5 added by Amendment V, 
                                 effective November 21, 1978).(and further amended by Amendment XII -D, effective December 27. 1994.)
 

                        (b) Judges shall be appointed by a two-thirds (2/3) vote of the Council for a term of four (4) years; 

                        (c) Upon appointment, Judges may be removed only by provision of recall and impeachment procedure
                        by tribal ordinance; 

                        (d) Rules of operation shall be provided by the tribal ordinance; 

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                                        ARTICLE IV - DISTRICT ORGANIZATION

SECTION 1
.    There shall be seven (7) deliberate District Councils, viz: (1) Veblen, (2) Long Hollow, (3) Buffalo
                           Lake, (4) Enemy Swim, (5) Big Coulee, (6) Old Agency and (7) Lake Traverse.

SECTION 2.    Each District Council shall consist of the adult members of the Tribe registered on a District voting
                           roster which will be maintained by the District Secretary.

SECTION 3.    The Councilman elected from each District shall call a District Election in January of add numbered 
                           years to elect for the District: (1) a Chairman; (2) a Vice-Chairman; (3) a Secretary; (4) a Treasurer;
                           and such other officers and committees as may be deemed necessary. 
                           (As amended by Amendment No. Ill, effective November 10, 1976.)

SECTION 4.    Each District shall manage its own affairs not inconsistent with the Tribe's Constitution, 
                          (As amended by Amendment No. XXVII, effective December 7, 2000.)

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                                                        ARTICLE V - NOMINATIONS AND ELECTIONS

SECTION 1. The first election of the Council under this Revised Constitution shall be called, held and supervised
                        by the present Council within one hundred twenty (120) days after its approval. Successful candidates
                        at this first election shall assume office when duly seated at the regular January 1967 meeting of the
                        Council Where more than two (2) members have filed for an office, a Primary Election shall be held
                        at least thirty (30) days prior to the General Election. Only the two (2) candidates for each office
                        receiving the most votes at such Primary Election or convention shall be eligible to run for office in the
                        General Election. Where no more than two (2) members have filed for an office, a Primary Election will
                        be unnecessary.

SECTION 2. Any qualified registered member of the Sisseton-Wahpeton Oyate twenty one (21) years of age or over
                        may announce his candidacy for the Council in writing of his candidacy at least forty-five (45) days prior
                        to the election, It shall be the duty of the Secretary to post at least ten (10) days before the Primary
                        Election the names of all qualified candidates who have met this requirement. Notice of all elections
                        shall be given as prescribed by ordinance. 

                        (a) Candidates for Council Officers shall file for the office of their choice at least sixty (60) days 
                              before the General Election. 

                        (b) Councilman shall be elected from each of the seven (7) voting Districts according to population. 
                              (As amended by Amendment No. lll. effective November 21, 1976.) 

                        (c) No person may be a candidate for more than one office.

SECTION 3. The Council, or an Election Board appointed by the Council, shall supervise the maintenance of the
                        District voting rosters, and shall determine rules and regulations governing elections, including 
                        absentee voting, qualifications for office, election dates and recall elections. The Council shall certify
                        to the election of members after the election has been held.

SECTION 4. Any enrolled member of the Sisseton-Wahpeton Oyate, who is eighteen (18) years of age or over, shall
                        be entitled to vote in the District in which he is registered. (As amended by Amendment XXV, effective
                                November 25, 1998.)


SECTION 5. Members of the Tribe shall register, vote and hold office in the District of their residence, or if they are
                        non-residents, in the District of their former residence, or if they never were residents, in the District
                        of their choice. Tribal members who have never been residents, registering in the District of their
                        choice, cannot change their Voting District unless duly authorized to do so by the Council. 

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                                        ARTICLE VI - VACANCIES, REMOVAL 
                                               AND RECALL FROM OFFICE

SECTION 1. If a Councilman or Officer shall die, resign or be removed from office for cause, the Tribal Council shall 
                        declare the position vacant. (As amended by Amendment No. XXVIII. effective December 7, 2000.) 

                        (a)    The affected District shall fill the vacancy of a Councilman by holding a special election within 
                                 sixty (60) days of the declared vacancy. If an Executive Officer position becomes vacant, a
                                 reservation election shall be held to fill the vacancy within sixty (60) days of the declared position.
                                 (As amended by Amendment No. XI, effective November 15, 2006.) 

                        (b)    If an Executive Officer position becomes vacant, a reservation wide Election shall be held to
                                 fill the vacancy within forty-five (45) days of the declared vacancy. 

                        (c)    The Tribal Council shall appoint a person to fill the vacancy of either position in the interim, 
                                 provided the appointment of an Councilman shall be made for the appropriate District.

SECTION 2.    Any Councilman or Officer who is proven guilty of improper conduct or gross neglect of duty shall 
                          be removed from the Council by an affirmative vote of five of the Council members, provided that
                          the member shall be given full opportunity to reply to any and all charges at a designated Council 
                          meeting; and provided further that the member shall have been given a written statement of the 
                          charges against him at least five (5) days before the meeting at which he is to be given the 
                          opportunity to reply. The Councilman or Officer found guilty of improper action shall not vote on
                          his own removal. (As amended by Amendment XX1V. effective April 15, 1997.)

SECTION 3.    The voters of any District, by petition signed by twenty percent (20%) of the Registered voters
                           in the District, may request the recall of a District Councilman for cause. The recall of members
                           of the Executive Committee may be requested by a petition signed by twenty percent (20%) of
                           the registered voters from the Reservation- at-large. The Tribal Council shall hold a special
                           election on all such recall petitions. Any resulting vacancies shall be filled under Section 1 of
                           this Article. No more than one recall election for each Councilman or Officer shall be held for
                           each term of office. (As amended by Amendment No. XXIX, effective December 7, 2000.)

SECTION 4.    Any Councilman or Officer who fails to attend three (3) successive monthly meetings without
                          excuse, shall be considered to have resigned his office. The Council shall then declare the 
                          position vacant and fill the vacancy pursuant to the provisions of Section 1, of this Article.

SECTION 5.    Any petition for recall for cause shall clearly state specific charges or reasons which may include
                          but is not limited to: abandonment of office, dereliction of duty, dishonesty, incompetency, or
                          heedless of public opinion.  (As added by Amendment No. XXX, effective December 7, 2000) 

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                                               ARTICLE VII – POWERS

SECTION 1. The Council shall have the following powers as outlined in this revised Constitution, which may be
                        exercised pursuant to the tribe's inherent sovereignty, treaties and applicable federal statutes, rulings
                        or regulations. (As amended by Amendment No. III, effective November 15. 2006.) 

                        (a) To represent the Tribe in all negotiations with federal, state and local governments and to advise
                        and consult with representatives of the Department of the Interior on all matters affecting the Tribe. 

                        (b) To acquire, own, use, manage, lease and otherwise encumber and to dispose of tribal property,
                        both real and personal, wherever situated. 

                        (c) To engage in any business that will further the economic development of the Tribe and its members,
                        and to use tribal funds or other resources for such purposes.
                        (As amended by Amendment No. XII, effective December 20, 1985.) 

                        (d) To make rules goveming the relationship of the members to the Tribe, to tribal property, and to one
                         another as members of the Tribe, and to assess fees of members to effectuate Tribal purposes. 

                        (e) To hire employees and agents, including legal counsel, directly or as independent contractors, and
                        to compensate them for their services.
                        (As amended by Amendment No. VII, effective November 15. 2006. ) 

                        (f) To deposit tribal funds to the credit of the Tribe, without limitations of the amount in any account,
                        in any national, state bank or federal credit union, whose deposits are insured by an agency of the
                        United States, and security authorized by federal laws for trust investments, and in addition, to invest
                        and reinvest tribal funds in any security issued by a company in which the Tribe has a majority
                        or greater interest. 

                        (g) To take any action by ordinance, resolution, or otherwise which are reasonably necessary through
                        committees, boards, agents or otherwise, to carry into effect the fore-going purposes and to add such
                        further powers, as may be permitted by law, through appropriate amendment to this Revised 
                        Constitution. 

                        (h) To promote public health, education, charity, and such other services as may contribute to the social
                         advancement of the members of the Sisseton-Wahpeton Oyate. 

                        (i) To adopt resolutions regulating the procedures of the Council, its officials and committees in the
                        conduct of tribal affairs. 

                        (j)     i. No authorities contained in this Revised Constitution may be delegated by the Council to tribal
                                officials, district councils, or associations to carry out any function for which the Council assumes
                                primary responsibility, except by ordinance or resolution duly enacted by the Council in legal
                                session and excepting also those specific requirements contained in the By-Laws of the Sisseton-                                Wahpeton Oyate. 

                                ii. The Council is hereby authorized to recognize any district committees, associations or other
                                organizations open to the members of the Sisseton-Wahpeton Oyate and to approve such 
                                organizations, subject, however, to the provision that no such committee, association or
                                organization may assume authorities specifically granted to the Council unless by a proper
                                delegation of authority by the Council. 

                        (k)    To promulgate and enforce ordinances governing the conduct of persons under the jurisdiction
                                 of the Sisseton-Wahpeton Oyate. (As amended by Amendment No. II, effective June 8, 1973 and further 
                                            amended by Amendment No. V. effective November 21, 1978.)
 

                        (l)    To enact resolutions or ordinances not inconsistent with Article II of this Revised Constitution 
                                and By-Laws concerning membership in the Sisseton-Wahpeton Oyate.
                                (This section added to powers by Amendment No. Vll, effective November 21, 1978.)

SECTION 2.    The Tribal Council shall reapportion the fifteen weighted votes within the first sixty (60) days after
                           they are seated (As amended by Amendment No. XXXll, effective December 7,2000) (Former section 2. "Manner 
                                    of  Review" deleted in its entirety by Amendment No. XXXI, effective December 7, 2000.)
 


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                                                 ARTICLE VIII – MEETINGS

SECTION 1.    The Council shall meet regularly on the first Tuesday of each month, or upon call of the Chairman
                           of the Council. It shall be the duty of the Chairman to call a special meeting upon request of a
                           majority of the Council.

SECTION 2.    At any meeting of the Council, either a simple majority of four (4) Districts and one (1) voting 
                          Officer of the Executive Committee or a simple majority of five (5) Districts shall be present
                          to constitute a quorum, with no less than nine (9) votes present. (As amended by Amendment No. 
                                  XXXlll, effective December 7, 2000 and further amended by Amendment Ill, effective December 19,2002.)



SECTION 3.    The Executive Committee shall meet upon call of the Chairman. At any meeting of the
                           Executive Committee two (2) members shall constitute a quorum. 

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                                           ARTICLE IX - BILL OF RIGHTS

SECTION 1. All members of the Sisseton-Wahpeton Oyate shall be accorded equal political rights and equal 
                        opportunities to participate in the economic resources and activities of the Tribe, and no person
                        shall be denied freedom of conscience speech, association or assembly, or due process of law,
                        or the right to petition for the redress of grievances. The members of the Tribe shall continue 
                        undisturbed in their religious beliefs and nothing in this Revised Constitution and By-Laws will
                        authorize either the Council or the General Council to interfere with these traditional religious
                        practices according to their customs. 

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                                    ARTICLE X- INITIATIVE AND REFERENDUM

SECTION 1. Any matter of concern to the Tribe not previously considered or acted upon by the Council may be
                        presented for action by the Councilor vote of the registered voters, provided a petition signed by at
                        least ten percent (10%) of the registered voters of the Tribe and setting forth the matter to be
                        considered is filed with the Chairman. The Council shall consider the matter to be considered is filed
                        with the next regular or special meeting. If the Council fails to act or disapprove the matter within ninety
                        (90) days after filing of a proper petition with the Chairman, it shall be put to a vote at the next General
                        Election, whichever occurs first. The vote of a majority of the registered voters voting on the issue shall
                        be conclusive and binding upon the Council.
                        (As amended by Amendment XVI-C, effective December 27, 1994.)

SECTION 2. Upon the filing of a petition with the Chairman of the Council, signed by at least ten percent (10%) of the
                        registered voters of the Sisseton- Wahpeton Oyate within sixty (60) days of the enactment or upon the
                        request of a majority of the members of the Council within a like period, any enacted ordinance or
                        resolution of the Council shall be submitted by the Council to a popular referendum, such referendum
                        to be called and held within thirty (30) days of the date of filing or request, The vote of a majority of them
                        registered voters voting in such referendum shall be conclusive and binding on the Council. 
                        (As amended by Amendment XVI - C, effective December 27, 1994.). 


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                                            ARTICLE XI – AMENDMENTS

SECTION 1. The Revised Constitution and By-Laws may be amended by a majority vote of the Registered voters of
                        the Tribe voting in an election called for that purpose provided at least thirty percent (30%) of the
                        registered voters shall vote in such an election. It shall be the duty of the Commissioner of Indian Affairs
                        to call an election on any proposed Amendment at the request of a majority of the Councilor upon the
                        presentation of a petition signed by at least ten percent (10%) of the registered voters of the Tribe. 
                        (As amended by Amendment No. IX. effective November 15. 2006.)

 

 

 

 

 

BY-LAWS OF THE SISSETON-WAHPETON OYATE


ARTICLE I - DUTIES OF OFFICIALS

 

SECTION 1.                         CHAIRMAN

 

                        (a)        He shall preside at all regular and special meetings of the General Council, Council, and
                                    Executive Committee. The Chairman shall be an ex -officio member of all subordinate
                                    committees.


                       
(b)        He shall have general and active management of the business activities of the Tribe except
                                    that he shall not act on matters binding the Tribe until either the General Council, the Council,
                                    or the Executive Committee has deliberated and enacted appropriate resolutions or motions.

 

                        (c)        He shall see that all ordinances and resolutions of both the General Council and the Council 
                                    are carried into effect.

 

                        (d)        He shall sign on behalf of the Tribe all official papers when authorized to do so.

 

                             (e)        He shall give supervision to all other officers and employees of the Tribe and see that they carry
                                    out their
duties.

 

                               (f)        He shall prepare a report of the activities of the Council and make this report at each regular
                                    meeting of the General Council. He shall include in this report all matters within his knowledge
                                    which the interest of the Tribe may require to be brought to its
attention.

 

                         (g)        He shall not vote in either the General Councilor Council except in case of a tie.

 

SECTION 2.                         SECRETARY

                       

                        (a)        He shall keep minutes at the principal place of business of the Tribe of all meetings of the
                                    General Council, Council and the Executive Committee.

 

                             (b)        He shall give and serve all notices of the General Council and the Council as required by this
                                    Revised Constitution and By-Laws.

 

                        (c)        He shall keep the membership roll of the Tribe, showing all changes as required by this Revised
                                    Constitution. In addition, he shall keep a current voting list.

                       

                              (d)        He shall attend to all such correspondence assigned to him by the Chairman or Vice-Chairman
                                    in the absence of the
Chairman
. (As amended by Amendment XXII. effective April
15, 1997.)

 

 

SECTION 3.                         VICE-CHAIRMAN

                         (New Section 3 pursuant to Amendment No. XXII effective April 15, 1997, as  follows.)

 

                        In the absence of the Chairman, the Vice-Chairman shall preside and shall have all powers, privileges, and
                        duties of the Chairman, and may cast a vote only in the case of a tie. When presiding in the absence of the
                        Chairman, the Vice-Chairman shall not cast the one vote set forth in the Revised Constitution Article III
                        Section 1
, (As amended by Amendment III, effective December 19, 2002)

 

                            (a)    In the Absence of the Chairman, the Vice-Chairman shall preside over the Council and may cast a
                                vote in the case of a tie only. (As amended by Amendment III, effective December 19, 2002.)

 

                        (b)    If the Chairman is incapacitated, the Vice-Chairman shall assume the duties of the Chairman until
                                such time as he is able to resume his duties,

 

                        (c)    If the Chairman is removed from office, the Vice-Chairman shall assume the duties of the Chairman
                                until the Tribal Council appoints a person to fill the vacancy pursuant to Article VI, Section 1.

 

                        (d)    The Vice-Chairman shall serve as an ambassador when the Chairman is unavailable.

 

                        (e)    The Vice-Chairman shall see that all ordinances and resolutions pertaining to financial matters of
                                 the Tribal Council are carried into effect.

 

                        (f)     The Vice-Chairman shall oversee all financial and business matters of the Tribe.

 

                        (g)    The Vice-Chairman shall sign on behalf of the Tribe all official papers when authorized to do so by 
                                 the Tribal Council.

 

                             (h)    He shall prepare and make a report of all financial and business activities of the Tribe at each
                                 regular meeting of the Tribal Council and shall make an annual report at the General Council

                                 (As amended by Amendment No. XXVI, effective November 251998.)

 

SECTION 4.                         CODE OF ETHICS for all elected or selected officials.


                       
Gross neglect and improper conduct shall be interpreted by the Council in accordance with these
                        definitions.
(New section added by Amendment No. VI. Effective November 21. 1978, and further 
                        amended
by
Amendment No. XXX, effective December 7, 2000.)

 

                        (a)    Gross Neglect: As evidenced through any or all of the following:

                                     1. Gross incompetency: unable or unwilling to perform the duties of office.

 

                                     2. Inability to handle private affairs as evidenced through garnishment proceedings or court 
                                         actions or ordering payments of delinquent loans or debts.

 

                                     3. Abandonment of office: not attending three consecutive District meetings. (As amended
                                                       by Amendment XVIll- F, effective December
27, 1994.)

 

                                     4. Excessive absenteeism: five days of unexcused absence in any thirty (30) day period.

 

                            (b)    Improper Conduct: Determined by Councilor District Chairman Association.

 

                                      1. Converting tribal property or monies without authorization through omission 
                                          or misrepresentation of facts.

 

                                      2. Misuse of office: unauthorized personal use of tribal equipment, manpower or materials.

 

                                      3. Public conduct so as to question the integrity of the Sisseton-Wahpeton Oyate

 

                                      4. Malfeasance of office: including gross partiality or oppression.

 

                        (c)    Improper Conduct: Conviction by legal courts.

 

                                      1. Conviction of a felony

 

                                      2. Three low misdemeanor convictions within a twelve (12) month period.

 

                                      3. Crimes in office: corruption, extortion, fraudulent claims for compensation, salary, mileage
                                           and per Diem or an unaccountable period of time.

 

                                      4. Contempt of Court.

                                      5. Any high-misdemeanor, including but not limited to maliciour mischief, statutory rape,
                                          hit-and-run, assault, battery, or assault and battery.

 

                                      6. Driving while under the influence of alcohol.

                                          (As amended  by Amendment No. XIX- G. effective December 27, 1994.)

 

                            (d)    Improper Conduct: Alcohol and drug-free lifestyle while in office. (This section added to Code
                                           of Ethics
by Amendment No.XX-H, effective December 27. 1994.)

 

                                      1. Failure to promote and live an alcohol and drug-free lifestyle while in office.

 

                                      2. Failure, while in office, to abstain from the use of alcohol and/or illegal drugs.

 

                                      3. Failure, while in office, to submit to random alcohol and drug testing.

       (Return to Top)

 

 

ARTICLE II - OATH OF OFFICE 

 

Before assuming a position on the Council, each member shall subscribe to the

following oath or affirmation:

 

 

"I, _______________________, do solemnly swear (or affirm) that I will support the Revised Constitution and By-Laws
of the Sisseton-Wahpeton Oyate and the Constitution of the United States, and will faithfully and impartially perform the
duties of my office to the best of my ability and will work to promote and protect the best interest of the Indians of the
Sisseton-Wahpeton Oyate, and will assist them in every way within my power toward better citizenship and progress."