Alaska Inter-Tribal Council

Alaska Inter-Tribal Council Constitution
PREAMBLE

We, the Alaska Tribes organized traditionally or under the Indian Reorganization Act who, by virtue of our inherent sovereign authority elect to unite together as the Alaska Inter-Tribal Council having common bonds of residence, culture, heritage, association, history and interest, do hereby establish and authorize this Constitution in order to strengthen our tribal bonds, defend the distinct rights, tribal laws and powers inherent in our sovereign status, to perpetuate our culture and tribal identity, promote and develop our tribal resources, maintain peace and order in our communities, and to protect and develop the individual and collective rights and benefits of our members and tribes. We affirm that our traditional cultural heritage and inherent sovereignty are the basis of our well-being and continuance as a people. We further affirm that Alaska Native Governments, both traditional and IRA, provide unique opportunities to protect and further the interest of the Native people of Alaska.

ARTICLE I – NAME

Section 1. Name.
The name of this organization shall be the Alaska Inter-Tribal Council (AI-TC).

ARTICLE II – MEMBERSHIP

Section 1. Tribal Membership.
Any Alaska Native Tribe, organized traditionally or under the Indian Reorganization Act (IRA), shall be eligible to be a member of the Alaska Inter-Tribal Council and eligible to vote for the representatives who will serve as members of the Alaska Inter-Tribal Council, provided that the group is not a mere splinter group or faction of any traditional IRA tribe otherwise eligible for membership.

The phrase “mere” splinter group or faction of any traditional or organized IRA tribe otherwise eligible for membership is defined for purposes of this section as being one or more individuals who have splintered off from an established (including recognized) IRA or Traditional tribe, or who have migrated into the jurisdiction of an existing IRA or Traditional tribe, and formed their own organization which they refer to as a “tribe”.

This definition is not meant to exclude an established IRA or Traditional tribe, which was transplanted from a village separate from the area they are currently located, so long as the transplanted tribe does not claim jurisdiction over territory historically belonging to the established tribe.

ARTICLE III – ALASKA INTER-TRIBAL EXECUTIVE COUNCIL

Section 1. Alaska Inter-Tribal Executive Council.
The Alaska Inter-Tribal Executive Council shall consist of two members and one alternate elected from each of the twelve geographic areas generally known as the Copper River Region, the Aleutian Chain and Pribilof Islands Region, the Bristol Bay Region, the Cook Inlet Region, the Arctic Slope Region, the Bering Straits Region, the Kodiak Island Region, the Yukon and Kuskokwim Rivers Delta Region, the Chugach Region, the Northwest Arctic Region, the Southeast Region, and the Interior Region.

Section 2. Election of Alaska Inter-Tribal Executive Council.
The Alaska Inter-Tribal Executive Council representatives shall be elected by those AITC member tribes within each area specified in Section 1 of Article III.

Section 3. Voting.
Each geographic area identified in Section 1 of Article III is entitled to two votes. Notwithstanding any vacancy, each area will continue to hold and exercise two votes. Alternates shall vote only when the primary member is excused or absent.

Section 4. Quorum.
No business shall be transacted unless representatives from at least seven of the geographic areas participate. A majority of the quorum shall prevail to carry out the business of the Alaska Inter-Tribal Council.

Section 5. Executive Council Member Qualifications.
All Inter-Tribal Executive Council members shall be of Alaska Native ancestry and elected by their respective AITC member tribes of the geographic areas identified in Article III, Section 1.

Section 6. Term.
At the first election, the AITC member tribes of the twelve geographic areas shall elect one Alaska Inter-Tribal Executive Council primary member for a two- year term and one alternate member for a one-year term. Thereafter, the term of office of Alaska Inter-Tribal Executive Council members shall be for two years. Except as provided in Sections 8 and 9 of this article, all Alaska Inter-Tribal Executive Council members shall hold office until a replacement has been duly qualified and elected.

Section 7. Vacancies.
If an Alaska Inter-Tribal Council Executive Council member is unable or unwilling, for any reason, to serve on the Alaska Inter-Tribal Executive Council, the position shall remain vacant until a successor has been elected by the AITC member tribes of the geographic are in which such vacancy occurs.

Section 8. Resignation.
Any Alaska Inter-Tribal Council Executive Council member may, at any time, file his/her resignation in writing with the member’s respective tribal government and then to the Alaska Inter-Tribal Executive Council. Such resignation shall become effective upon receipt by the member’s tribal council.

Section 9. Removal.
Any member demonstrating improper conduct or gross neglect of duties shall be given notice of such charges by the Alaska Inter-Tribal Council. He/she shall be allowed an opportunity to respond to such charges at a designated meeting of the Alaska Inter-Tribal Executive Council. Such notification of charges and advisement of a meeting date must be made at least fifteen days prior to the designated meeting, and the member’s respective tribe must be simultaneously notified. If the member is found guilty of improper conduct or gross neglect of duties by 13 affirmative votes of the Alaska Inter-Tribal Executive Council, he/she shall be removed from office.

The Alaska Inter-Tribal Executive Council may also remove any Executive Council member for unexcused absences from any three (3) consecutive meetings.

ARTICLE IV – OFFICERS

Section 1. Officers.
The officers of the Alaska Inter-Tribal Council shall consist of a Chairperson, Vice-Chairperson, Secretary, and Treasurer. All officers, excluding the Chairperson, shall be elected annually by the Alaska Inter-Tribal Executive Council. The Chairperson shall be elected annually by popular vote of the AITC member tribes in the convention assembled.

ARTICLE V – POWERS

Section 1. Powers of the Alaska Inter-Tribal Council.
The control and determination of the policy of this organization shall be vested in its member Tribes. The organization’s Executive Council shall have only that authority and those duties granted by this Constitution or expressly delegated by the Alaska Inter-Tribal Council, and the AITC retains the right to exercise all powers granted to the Executive Council by this Constitution or by express delegation. All power and authority not expressly granted to the Executive Council is reserved solely to the Alaska Inter-Tribal Council. Without limitation, this organization shall have the following powers:

To act as a unified voice in formulating, promoting, and developing major issues and initiatives affecting its member tribes;

To disseminate information to its member tribes and to other tribal governments in Alaska;

To assist its member tribes in gaining access to federal and state offices and to obtain federal and state funding and other resources to benefit Alaska Natives;

To advocate for Alaska tribal representation on federal and state boards and commissions;

To interact with elders and with tribal leaders on the state, national, and international levels;

To propose, support, and oppose changes to federal and state laws, regulations, and policies affecting Alaska Natives;

To accept and solicit funds from the United States, the State of Alaska, and private sources when not in conflict with any member tribes;

To establish a trust whose purpose, policies, and operations shall be consistent with Section 501(c)(3) of the Internal Revenue Code or such other provisions for tax exempt status as may be available under federal law;

To fix dues payable by its member tribes;

To fix salaries of officers and employees;

To appropriate, allocate, and budget funds to effectuate the purposes of the organization;

To constitute committees for such purposes as it deems appropriate;

To affiliate with such other organizations, or to permit their affiliation with this organization, as may support the purposes of this organization;

In general to carry out the purpose and mission of the Alaska Inter-Tribal Council as proclaimed by this Constitution.

Section 2. Limitations.
Nothing in this Constitution shall be construed in any way to diminish the government to government relationship of each tribe to the United States, nor replace, reduce, or compromise the responsibility of the federal government to consult with each Alaska tribe on issues that effect them or diminish services or benefits mandated by federal law.

Section 3. Powers and Duties of the Executive Council.
The Executive Council shall:

Implement the decisions and policies expressly adopted by the Alaska Inter-Tribal Council;

Employ and supervise an Executive Director, and such officers and employees as may be authorized by the Alaska Inter-Tribal Council, to oversee the day to day operations of the organization that is consistent with AITC policies;

Review and adopt an annual operating budget to effectuate the purposes of the organization;

Retain and establish the compensation for such professional assistance, as it deems reasonably necessary (including but not limited to attorneys, accountants, consultants, and lobbyists), consistent with a budget authorized by the Alaska Inter-Tribal Council;

Fix the compensation for the organization’s officers, agents, and employees, consistent with a budget adopted by the Alaska Inter-Tribal Council;

Establish such committees, as it deems appropriate;

Perform such duties as may be assigned to it under this Constitution or the Bylaws; and

Perform such duties as may be specifically delegated to it by the Alaska Inter-Tribal Council.

ARTICLE VI – NON-PARTISANSHIP

Section 1. Non-Partisanship.
The Alaska Inter-Tribal Council shall not engage in nor lend itself to any partisan political activity.

ARTICLE VII – MEETINGS

Section 1. Internal Procedures.
The Alaska Inter-Tribal Council shall adopt rules governing its own policies and procedures including the calling and conduct of meeting.

ARTICLE VIII – ANNUAL CONVENTION

Section 1. Annual Convention.
There shall be an annual convention of the Alaska Inter-Tribal Council, the location and dates to be determined by the Alaska Inter-Tribal Executive Council at the annual convention. The convention shall be the supreme governing body of this organization. The most current revision of Robert’s Rules of Order may govern all sessions of such convention.

Section 2. Elder and Youth Participation.
Elder and Youth participation shall be encouraged at the Alaska Inter-Tribal Council Convention.

Section 3. Fifty Percent Plus One.
(50% + 1) of the Alaska Inter-Tribal Council member tribes shall constitute a quorum for the transaction of business of any membership meeting. If no quorum is present at an annual meeting or special meeting, those members present may adjourn the meeting to a date certain without further notice. The members may transact business at an adjourned as originally noticed. The members present at a duly called membership meeting may continue to transact business until adjournment, notwithstanding, the withdrawal of enough members to leave less than a quorum attending a meeting. Except as otherwise required by this Constitution, or by the Bylaws, the act of a majority of the members present at a meeting at which a quorum was present when convened shall be the act of the membership.

Section 4. Credentials.
All voting members must be a member of an Alaska Native Tribe, which has provided AITC with a membership resolution. The tribal representatives must provide a resolution to the AITC that they were authorized to represent their respective tribes at the convention.

ARTICLE IX – SEVERABILITY

If any part of this Constitution is held by a court of competent jurisdiction to be legally invalid or unconstitutional, the remainder of this document shall continue in full force and effect.

ARTICLE X – AMENDMENTS

Section 1.
This Constitution may be amended by not less than two-thirds (2/3) vote of the Alaska Inter-Tribal Council membership. Any proposed amendment must be submitted to the members of the Alaska Inter-Tribal Executive Council at least ninety (90) days prior to the scheduled voting date. Amendments shall be effective on the date ratified by the Alaska Inter-Tribal Council.

Section 2.
Any proposed amendment must be submitted to the Alaska Inter-Tribal Council member tribes at least sixty (60) days prior to the scheduled voting date.

ARTICLE XI – ADOPTION/EFFECTIVE DATE

This Constitution shall become effective from and after the date of its ratification by an affirmative vote of two-thirds (2/3) of the delegate tribes assembled at the Alaska Inter-Tribal Council Convention.

Ratification of this Constitution by the Alaska Inter-Tribal Council member tribes shall not be construed as waiving any tribe's sovereign immunity.

ARTICLE XII – BY-LAWS

The By-laws of the Alaska Inter-Tribal Council shall be adopted by the tribal delegates to the AITC in convention assembled.

The AITC Executive Council shall have the power to alter or amend the By-laws.

The AITC Executive Council action to alter or amend the By-laws shall be given full force and effect. If such action is not ratified by the membership at the next annual convention, it will cease to be in effect.

In addition to ratification, the By-laws may also be altered, amended, repealed, or new By-laws adopted by a majority vote of the voting members acting in convention assembled.

Dated this 10th day of December, 1992 at Anchorage, Alaska
Amended December 5, 1999 at Anchorage, Alaska.