BY-LAWS FOR CHEROKEES OF NORTHERN CENTRAL VALLEY (2024)
As amended June 22, 2024
MISSION & PURPOSE
The purpose of the organization is exclusively for charitable, religious, educational, and scientific purposes, including, and for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. In specific, the purpose of the organization shall be as follows.
The Cherokees of Northern Central Valley (CNCV) is a community of Cherokees dedicated to Cherokee language, culture, history, traditions, 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 30 dollars ($30.00). Dues are not pro-rated and will cover from January 1st through December 31st annually. To be a member in good standing, renewal dues must be received by June 30 of the current year.
Members eighty (80) years of age or older who are Cherokee Nation citizens will not be charged dues and will have full voting privileges.
Members are classified as either (1) Cherokee Nation citizens, (2) Non-Cherokee Nation citizens, or (3) Provisional (membership has not yet been approved by the Board). The approval of all membership applications is at the discretion of the Board.
Each At-Large Organization will maintain a minimum of 60% Cherokee Nation citizen participation.
2) RIGHTS OF MEMBERS
Members over 18 and who are in good standing may vote in any CNCV election and must be present to vote.
3) TERMINATION OF MEMBERSHIP
Membership may be terminated by the Board 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 Board has authority to investigate and/or terminate a membership. Any member is entitled to bring to the Board a grievance concerning conduct by any member or Board 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 Board will investigate all grievances. As part of the investigation, the Board 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 Board is reached. If a member of the Board 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 Board 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 Board.
ARTICLE 2: MEETINGS
1) MEETING REQUIREMENTS
General meetings of the CNCV will be held in accordance with CCO Policies and as determined by the Board, guided by the general memberships’ overall desire and needs of the organization.
NOTE: According to CCO Policies and Procedures for At-Large Organizations (2023), “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 BOARD
1) COMPOSITION OF THE BOARD
The Board will be comprised of seven (7) members, at least four of whom will be registered citizens 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 (2023), “The Board officers are required to be Cherokee Citizens to include the Chair, Asst. 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 an opportunity to demonstrate compliance with this provision.”
2) ELECTION OF BOARD MEMBERS
Ninety (90) days prior to the election of Board members, an ad hoc Election Committee shall be appointed by the Board. The Election Committee shall consist of three (3) members of voting age who are in good standing and may not be related or from the same household. Candidates and their family members are ineligible to serve on the Election Committee.
Candidates declare their candidacy no later than sixty (60) days in advance of the election. They must provide a written statement of candidacy and a biographical sketch of no more than 300 words to the Election Committee for publication in a newsletter to be distributed to members no later than thirty (30) days in advance of the election. Candidates must be CNCV members in good standing. If not enough candidates declare within sixty (60) days prior to the election or if necessary to meet the requirement that at least four (4) of the seven (7) Board members be registered citizens of the Cherokee Nation, the Election Committee will recruit additional candidates.
The officers of the Board 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.
3) TERMS OF THE BOARD
Board members will serve a term of two (2) years.
Resignation of a Board member must be done in writing to the governing Board using standard mail or electronically.
4) BOARD POSITIONS AND DUTIES
The positions on the Board will be as follows:
A- CHAIR: Who will organize the agenda, coordinate, and conduct Board 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 Board.
B-SECRETARY: Who will take attendance and keep minutes at Board and general meetings, and who will maintain all records of the Board and general meetings and send to CCO as requested.
C-TREASURER: Who will maintain all banking and financial accounts and make financial reports to the Board and general membership.
D- ASSISTANT CHAIR: Who will, in the absence of the regular Chair, facilitate meetings and act as the representative spokesperson for the organization to the public and the Cherokee Nation in coordination with the Chair and as directed by the Board.
E-MEMBERSHIP COORDINATOR/ALTERNATE SECRETARY: Who will keep updated membership rolls, compile an annual membership directory for distribution to the Board 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 Board. 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 Board 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 Board members at the first Board 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 Board members will transfer all CNCV records and materials that they maintain in their possession to their successors as soon as possible and no later than 30 days.
5) QUORUM
A quorum of the Board 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.
6) ATTENDANCE
Board members must remain in good standing and will be required to attend at least sixty-seven (67) percent of scheduled Board meetings and sixty-seven (67) percent of scheduled general meetings. A Board member not meeting attendance requirements may be vacated from their Board member position by vote of the Board.
7) VACANCY
In case of a vacancy, the remaining Board members will appoint a member to serve the remainder of the vacated term.
8) YOUTH REPRESENTATIVE
There may be a non-voting, age 13- to 17-year-old honorary member to the Board to represent the youth. This member is not bound by attendance requirements. This position will be appointed by the Board.
9) ASSOCIATE BOARD MEMBER
At the discretion of the Board, one or more Associate Board member may be appointed to assist in the work of the Board. For the purposes of official Board decisions, Associate Board members contribute to discussion but are not voting officers who have been elected to the Board.
ARTICLE 4: AMENDMENTS OF BY-LAWS
1) PROPOSING AMENDMENTS
Any member in good standing may at any time propose an amendment to these by-laws by submitting the proposed changes in writing to the Board at least sixty (60) days prior to the annual election of Board Members. After the deadline to propose an amendment has passed, the Board shall send and give Membership notice of any and all proposed amendments. Meanwhile, the Board 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 Board will collect all proposed amendments and present them for a vote annually at the same time as the election for Board Members.
The Board 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 member in good standing 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 Board 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 Board annually.
ARTICLE 5: GIFTS AND DONATIONS
1) ACCEPTANCE OF GIFTS AND DONATIONS
All gifts and donations must be approved by the Board before acceptance.
2) CONTRIBUTIONS BY THE ORGANIZATION (CNCV)
All donations or honorariums made by the CNCV must be approved by the Board.
ARTICLE 6: REPORTS
1) REQUIRED REPORTS
The Treasurer will make regular financial reports to the Board and semi-annual written reports to the membership. The Board will make annual written reports to CCO as requested.
ARTICLE 7: COMMITTEES
Committees may be formed as necessity dictates by the Board. The Board 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 Board.
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 Board 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 June 22, 2024 are approved by the Board.