a)
The Band, in exercising the powers of self-government, shall not:
1.
Make or enforce any law prohibiting the free exercise of religion,
or abridging the freedom of speech, or of the press, or of the right
of the people peaceably to assemble and to petition for a redress
of grievances;
2.
Violate the right of the people to be secure in their persons, houses,
papers, and effects against unreasonable search and seizures, nor
issue warrants, but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched and the person
or thing to be seized;
3.
Subject any person for the same offense to be twice put in jeopardy;
4.
Compel any person in any criminal case to be a witness against himself;
5.
Take any private property for a public use without just compensation;
6.
Deny to any person in a criminal proceeding the right to a speedy
and public trial, to be informed of the nature and cause of the accusation,
to be confronted with the witnesses against him, to have compulsory
process for obtaining witnesses in his favor, and at his own expense
to have the assistance of counsel for his defense;
7.
Require excessive bail, impose excessive fines, inflict cruel and
unusual punishments, and in no event impose for conviction of any
one offense any penalty or punishment greater than the maximum penalty
allowed under Federal law;
8.
Deny to any person within its jurisdiction the equal protection of
its laws or deprive any person of liberty or property without due
process of law;
9.
Pass any legislation, directed against a designated person, pronouncing
him/her guilty of an alleged crime, without trial or conviction or
ex post facto law, which retroactively changes the legality or consequences
of a fact or action after the occurrence of that fact or commission
of the act;
10.
Deny to any person accused of an offense punishable by imprisonment
the right, upon request, to a trial by jury of not less than six (6)
persons; or
11.
Make or enforce any law unreasonably infringing the right of
persons to keep and bear arms within the territorial jurisdiction
of the Band.
b)
The enumeration of individual rights in this Constitution shall not
be construed to deny or abridge other rights retained by Band members.
a)
The Band shall adopt no law or resolution impairing the obligation
of contracts.
a)
To provide for a system of open communication and participation in governance by members of the Band, the Tribal Council and other government bodies shall keep records of all of their official actions, and governmental bodies shall conduct all their meetings open to the members of the Band, except as permitted by Article IV, Section 7.(e).
b)
Any member of the Band shall have a right to review any official
record of the Band, except when tribal or applicable federal law provides
for confidentiality or limits access to records or the information
contained therein.
c)
The Tribal Council shall enact legislation providing procedures by
which members of the Band may be afforded reasonable access to official
records.
d)
The Supreme Court shall provide procedures for review of records
in the custody and control of the Tribal Judiciary in accordance with
this article.
e)
Tribal law, including procedures adopted by the Supreme Court, may
limit access to records or information:
1.
To prevent an unwarranted invasion of personal privacy, such as with
personnel, enrollment and medical records;
2.
To prevent damage to the investigative, competitive or bargaining
position of the Band, including with respect to pending or anticipation
litigation or arbitration;
3.
To protect minors involved in juvenile or child welfare proceedings;
or
4.
Other circumstances in which non-disclosure protects a significant
public interest of the Band.
