BY-LAWS FOR CHEROKEES OF NORTHERN CENTRAL VALLEY (2022)
As amended October 29, 2022
Mission & Purpose
The Cherokees of Northern Central Valley (CNCV) is a community of Cherokees dedicated to Cherokee history, culture, heritage, tradition, and fellowship. We are a nonpolitical, nonprofit Native American organization whose members reside outside the boundaries of the Cherokee Nation and other Cherokee political territories. We have come together on the basis of our shared history and heritage, and out of an interest in the continuation of, and a love for, the Cherokee People and Cherokee Sovereignty.
It is critically important that we find innovative ways to retain Cherokee people in stronger ties of culture and responsible citizenship. We believe the concept of new communities is a way to achieve this goal.
As a Cherokee Nation Community & Cultural Outreach (CCO) participating At-Large Organization and to maintain a strong connection with the Cherokee Nation, we will follow CCO Policies and Procedures for At-Large Organizations set forth by the Principal Chief’s 2019 Executive Order. Wherever a conflict arises, these Policies and Procedures supersede CNCV By-Laws.
ARTICLE 1: MEMBERSHIP
1) QUALIFICATIONS OF MEMBERS
Membership will be granted upon completion and approval of the application form of the CNCV and receipt of annual dues of 20 dollars ($20.00).
All paid members over eighteen (18) years of age are eligible to vote. Members over eighty (80) years of age will not be charged dues and will have full voting privileges. Dues are not pro-rated and will cover from January 1st through December 31st annually.
Members are classified as either (1) Cherokee Nation citizens, (2) Non-Cherokee Nation citizens or (3) Provisional members (membership has not yet been approved by the Council) The approval of all membership applications is at the discretion of the Council.
Each At-Large Organization will maintain a minimum of 60% Cherokee Nation citizen participation.
2) RIGHTS OF MEMBERS
Members over 18 and whose current dues are paid may vote in any CNCV election and must be present to vote.
3) TERMINATION OF MEMBERSHIP
Membership may be terminated by the Council for the following reasons: (a) violation of the by-laws of the CNCV and/or (b) action or in-action that is considered detrimental to the organization.
Only the governing Council has authority to investigate and/or terminate a membership. Any member is entitled to bring to the Council a grievance concerning conduct by any member or Council member which they believe to be a violation of the by-laws and/or an action or in-action that is detrimental to the organization. The Council will investigate all grievances. As part of the investigation, the Council will receive testimony and evidence from the member in question in their own defense. Notice to the member will be sent by a certified letter which will include a 30 day limit to respond. A membership may be terminated only after a consensus of the members of the Council is reached. If a member of the Council is under investigation, he or she may not participate in the investigation and will not be counted in the process of reaching consensus on the question of their termination. The decision of the Council is final. A notice of termination of membership will be sent via certified mail. Any reinstatement of membership after termination is at the discretion of the Council.
ARTICLE 2: MEETINGS
1) TYPES OF MEETINGS
General meetings of the CNCV will be held at least six times per year as determined by the Council, guided by the general memberships’ overall desire and needs of the organization.
NOTE: According to CCO policies and Procedures for At-Large Organizations (2019), “At-Large Organizations shall conduct meetings, open to their general membership, at least four times annually in addition to the annual Cherokee Nation meeting, annual Cultural presentation, annual history presentations and technical assistance trainings.”
2) NOTIFICATIONS OF MEETINGS
The membership will be notified at least ten (10) days in advance of the time and place of all general meetings through newsletters, email or other means.
ARTICLE 3: GOVERNING COUNCIL
1) COMPOSITION OF THE COUNCIL
The Council will be comprised of seven (7) members, at least four of whom will be registered members of the Cherokee Nation. Each of the seven must be a CNCV member in good standing.
NOTE: According to CCO policies and Procedures for At-Large Organizations (2019), “The Board officers required to be Cherokee Citizens include the Chair, Assistant Chair, Secretary/Treasurer, or substantially equivalent positions. Compliance with this provision requires confirmation of citizenship of each officer by the Director. Upon an initial tentative finding on non-compliance, the At-Large Organization will be afforded and opportunity to demonstrate compliance with this provision.”
The officers of the Council will be elected at the annual meeting which will be held in the Northern California area and noticed ten (10) days in advance to all members. If possible, the election of officers will be held in October at the general meeting. The election date will be announced in the CNCV newsletter, email, and other means. Election will be by secret ballot following nominations from the Council and/or the floor.
2) TERMS OF THE COUNCIL
Council members will serve a term of two (2) years.
Resignation of a Council member must be done in writing to the governing Council using standard mail or electronically.
3) COUNCIL POSITIONS AND DUTIES
The positions on the Council will be as follows:
A-SPOKESPERSON: Who will organize the agenda, coordinate, and conduct Council and general meetings, and will act as the representative spokesperson for the organization to the public, CCO and the Cherokee Nation as directed by the Council.
B-SECRETARY: Who will take attendance and keep minutes at Council and general meetings, and who will maintain all records of the Council and general meetings and send to CCO annually.
C-TREASURER: Who will maintain all banking and financial accounts and make financial reports to the Council and general membership.
D-ALTERNATE SPOKESPERSON: Who will facilitate meetings or keep records in the absence of the regular Spokesperson, and who will act as the representative spokesperson for the organization to the public and the Cherokee Nation as directed by the Council.
E-MEMBERSHIP COORDINATOR/ALTERNATE SECRETARY: Who will keep updated membership rolls, compile an annual membership directory for distribution to the Council Members, CCO and provide notification of pending renewal dates to members.
F- EVENTS COORDINATOR: Who will organize CNCV general meetings and events, including procuring facilities and will coordinate events and activities for the annual calendar with guidance from the Council. Committees and sub-chairs will be appointed as needed by the Events Coordinator to manage activities and events.
G- COMMUNICATIONS: Who will publish CNCV newsletter, send to CCO and communicate CNCV information through other media outlets with Council review of material
H-HISTORIAN: Who will act as Historian to keep a record of CNCV meetings, activities, and events.
These positions will be designated by the Council members at the first Council meeting after the annual election, and will be designated for a period of time that is at least, but not limited to, one year.
All Council members will transfer all records that they maintain in their possession to their successors throughout the life of the organization.
4) QUORUM
A quorum of the Council meetings will be reached when four (4) members are present. A quorum of the annual meeting will exist with a minimum of 10% of those eligible voting members being present at the noticed time and place of the annual meeting in order for the election to be valid. No official business will be acted upon unless a quorum is present at any official meeting.
5) ATTENDANCE
Council members will be required to attend at least sixty seven (67) percent of scheduled Council meetings and sixty seven (67) percent of scheduled general meetings.
6) VACANCY
In case of a vacancy, the remaining Council members will appoint a member to serve the remainder of the vacated term.
7) YOUTH REPRESENTATIVE
There may be a non-voting, age 13 to 17 year old honorary member to the Council to represent the youth. This member is not bound by attendance requirements. This position will be appointed by the Council.
8) ALTERNATE COUNCIL MEMBER
At the discretion of the Council, one or more alternate Council members may be appointed.
ARTICLE 4: AMENDMENTS OF BY-LAWS
1)PROPOSING AMENDMENTS
Any member may at any time propose an amendment to these by-laws by submitting the proposed changes in writing to the Council at least sixty (60) days prior to the annual election of Council Members. After the deadline to propose an amendment has passed, the Council shall send and give Membership notice of any and all proposed amendments. Meanwhile, the Council shall hold a meeting to discuss the amendment(s) and determine whether they comply with California nonprofit and other relevant statutes and minimum requirements. The Council will collect all proposed amendments and present them for a vote annually at the same time as the election for Council Members.
The Council will have the discretion to bring any proposed amendment to the immediate vote of the Membership if such urgency is deemed necessary.
2) ACCEPTING AMENDMENTS
A paid member may vote on proposed amendments and must be present to vote.
An affirmative vote of two-thirds (2/3) of the ballots cast are needed to approve an amendment. When multiple amendments are proposed, membership may request that each amendment be presented and approved individually.
When an amendment is approved, the Council will incorporate it into the by-laws and make the amended by-laws available to Membership.
3) REVIEW
By-Laws will be reviewed and approved by the Council annually.
ARTICLE 5: GIFTS AND DONATIONS
1) ACCEPTANCE OF GIFTS AND DONATIONS
All gifts and donations must be approved by the Council before acceptance.
2) CONTRIBUTIONS BY THE ORGANIZATION (CNCV)
All donations or honorariums made by the CNCV must be approved by the Council.
ARTICLE 6: REPORTS
1) REQUIRED REPORTS
The Treasurer will make regular financial reports to the Council and semi-annual written reports to the membership. The Council will make annual written reports to CCO and the membership.
ARTICLE 7: COMMITTEES
Committees may be formed as necessity dictates by the Council. The Council will oversee the functions of all committees.
ARTICLE 8: ENDORSEMENTS AND REPRESENTATIONS
1) ENDORSEMENTS
No member of CNCV will use the name of the CNCV in political campaigns or as an endorsement of any candidate for political office in the Cherokee Nation or any other election.
The CNCV as an organization is prohibited from campaigning for or endorsing any candidate for political office in the Cherokee Nation or any other election.
2) REPRESENTATIONS
No member of the CNCV will use the name of the organization to represent themselves for direct commercial gain, or for purposes of self-promotion or the promotion of any individual’s outside interests, except with permission from the Council.
CNCV members may state their membership for identification purposes only on resumes and other similar applications.
ARTICLE 9: DISSOLUTION
In the event of dissolution of CNCV as determined by a majority of the Council or revocation of the charter by CNCA, assets will revert to the Cherokee Nation.
These By-Laws of the Cherokees of Northern Central Valley, as amended and approved by the membership on October 29, 2022 are approved by the Council:
