• Preamble
• Article I - Territory
• Article II - Membership
• Article III - Governing Body
• Article IV - Powers of the Rosebud Sioux Tribal Council
• Article V - Community Organization
• Article IV - Elections
• Article VII - Initiative, Referendum, Recall and Removal
• Article VIII - Land
• Article IX - Amendments
• Article X - Bill of Rights
• Article XI - Tribal Court
• By-Laws Of the Rosebud Sioux Tribe
  • Article I – Duties of Officers
  • Article II – Duties of Councilmen
  • Article III – Oath of Office
  • Article IV – Salaries
  • Article V – Meetings of Council
  • Article VI – Sioux Councils
  • Article VII – Adoption of Constitution and By-Laws

Article III - Governing Body

Section 1.

The governing body of the Rosebud Sioux Tribe shall consist of a Council known as the Rosebud Sioux Tribal Council.

Section 2.

The President and Vice President of the Rosebud Sioux Tribe shall be elected at large for a term of three years.  The Secretary and Treasurer of the Rosebud Sioux Tribe shall be elected at large for a term of two years and shall have no vote in matters before the Rosebud Sioux Tribe.  The Community Representatives of the Rosebud Sioux Tribe shall be elected for terms of three years.  The offices of the President, Vice President, Council Representatives, Secretary, and Treasurer shall be subject to limits of two consecutive terms.  The terms of Community Representatives shall be staggered terms commencing with the next election.  Elections for ten Community Representatives will be for the first three-year term, the remaining ten Community Representative elections will be for an initial term of two years, and then it will revert to a three-year term at the next general election in 2009.  The decision of which ten communities will hold the first three year and two-year terms will be made by the Rosebud Sioux Tribal Election Board.  Each community of the reservation, as follows, shall be entitled to representation on the Rosebud Sioux Tribal Council as hereinafter provided:

1. Antelope
2. Black Pipe
3. Bull Creek
4. Butte Creek
5. Corn Creek
6. Grass Mountain
7. He Dog
8. Horse Creek
9. Ideal
10. Milks Camp
11. Okreek
12. Parmelee
13. Ring Thunder
14. Rosebud
15. St. Francis
16. Soldier Creek
17. Spring Creek
18. Swift Bear
19. Two Strike
20. Upper Cut Meat
    

(Amendment F effective September 20, 2008 – vote 459 for; 339 against; 8 ballots spoiled or mutilated)

Section 3.

All Council members and the President and Vice-President shall be of at least ¼ degree Indian blood.  (Amendment E effective September 20, 2007 – vote 557 for; 246 against; 3 ballots spoiled or mutilated)

Section 4.

The Tribal Council shall have authority to make changes in the foregoing list according to future community needs.  (Amendment XVII effective September 23, 1985)

Section 5.

Each recognized community shall have one Community Representative to the Tribal Council.  Each Community Representative of the Tribal Council shall be elected at large by the registered voters of the Rosebud Sioux Tribe.  (Amendment G effective September 20, 2007 – vote 538 for; 258 against; 10 ballots spoiled or mutilated)

Section 6.

Any member of the Sicangu Lakota Oyate at least 30 years of age, who has not been found guilty by the Tribal Council of misconduct in tribal affairs, or who has not been found guilty in a court of law of felony offense involving violence and who can provide affidavits(s) that prove some history of leadership shall be qualified to seek and hold membership on the Tribal Council.  Candidates for the position of President or Vice President of the Sicangu Lakota Oyate must be at least 45 years of age and meet all requirements of qualification for membership on the Tribal Council.  (Amendment H effective September 20, 2007 – vote 535 for; 261 against; 10 ballots spoiled or mutilated)

Section 6.

Any enrolled member of the Rosebud Sioux Tribe possessing at least one fourth (1/4) or more Sicangu blood degree and at least twenty five (25) years of age, who has not been found guilty of any major crimes by any jurisdiction, or who has not been found guilty by the Rosebud Sioux Tribal Council of misconduct in tribal affairs, or who has not been found, by any tribal, state, or federal court of law, or by the Tribal Ethics Commission or by the Rosebud Sioux Tribal Council, to have performed any act containing an element of perjury, forgery, bribery, dishonesty or abuse of public office compromising the welfare of the Rosebud Sioux Tribe or any of its members shall be qualified to seek and hold membership on the Rosebud Sioux Tribal Council.  A candidate for President, Vice-President, Secretary and Treasurer must have been living within the boundaries of the Rosebud Sioux Indian Reservation for at least one year preceding the date of the Primary Election, and a candidate for Community Representative must have been living in the community of candidacy for at least one year next preceding the date of the Primary Election.

If for any reason a Community Representative is absent from the community for a period exceeding 90 days, the position shall become immediately vacant and filled according to the Constitution and By-Laws of the Rosebud Sioux Tribe.  (Amendment I effective September 20, 2007 – vote 584 for; 212 against; 10 ballots spoiled or mutilated)

Section 7.

If the Office of President becomes vacant before the expiration of the term and one year or more of the term remains, the Tribal Council, within thirty (30) days after the vacancy, shall order a special election.  If less than one year of the term remains, the Vice President shall fill the unexpired term; provided, that the tenure of office of any person elected to fill the vacancy shall not extend beyond the term of office of the original incumbent.  If the Office of Vice President becomes vacant by reason of succession, or any other cause and one year or more remains in the term, the Tribal Council, within (30) days after the vacancy, shall order a special election.  If less than one year of the term remains, the Tribal Council shall elect a Vice President from its own number to fill the vacancy until the next general election; provided, that the tenure of office of any person elected to fill the vacancy shall not extend beyond the term of office of the original incumbent.

If the office of any Community Representative becomes vacant before the expiration of the term and one year or more of the term remains, the Tribal Council, within thirty (30) days after the vacancy, shall order a special election to allow all registered voters to vote for the vacant position.  If less than one year of the term remains, the community council of the affected community, within thirty (30) days from the date of the vacancy shall appoint a Community Representative for the unexpired term; provided, that the tenure of office of any person elected to fill the vacancy shall not extend beyond the term of office of the original incumbent.

If the Office of Secretary becomes vacant before the expiration of the term and one year of more remains in the unexpired term, the Tribal Council shall order a special election to fill the vacancy.  If less than one year remains in the term, the Tribal Council shall advertise the vacancy and fill the term from those qualified tribal applicants.  The tenure of office of any person elected to fill this vacancy shall not extent beyond the term of office of the original incumbent.

If the Office of Treasurer becomes vacant before the expiration of the term and six months or more remain in the unexpired term, the Tribal Council shall order a special election to fill the vacancy.  If less than one year remains in the terms, the Tribal Council shall advertise the vacancy and fill the term from those qualified tribal applicants.  The tenure of office of any person elected to fill this vacancy shall not extend beyond the term of office of the original incumbent.  (Amendment J effective September 20, 2007 – 590 for; 210 against; 6 ballots spoiled or mutilated)

Section 8.

The Secretary and Treasurer of the Rosebud Sioux Tribe shall be elected at large for a term of two years by the registered voters from within the twenty (20) communities of the Rosebud Sioux Tribe.  The Office of Sergeant-at-Arms shall be elected by the Tribal Council from within or without its members.  The Tribal Secretary and Treasurer officers elected shall have no vote in matters before Tribal Council.  (Amendment K effective September 20, 2007 – 533 for; 263 against; 10 ballots spoiled or mutilated)

Section 9.

Any person elected to these positions shall be of at least ¼ degree Indian blood.  (Amendment L effective September 20, 2007 – vote 549 for; 251 against; 6 ballots spoiled or mutilated)

Section 10.

The Electorate of the Rosebud Sioux Tribe shall determine the qualifications of its officers, council members, and community officers.  (Amendment M effective September 20, 2007 – vote 549 for; 243 against; 14 ballots spoiled or mutilated)

Section 11.

There shall be a Primary Election and a General Election for President and Vice-President held every three years, and there shall be a Primary Election and a General Election for Secretary and Treasurer of the Rosebud Sioux Tribal Council held every two years, and there shall be a Primary Election and General Election for Community Representatives to the Rosebud Sioux Tribal Council held at the end of three years terms as specified in Article III, Section 2.  The Primary Election shall be held on the fourth Thursday in July and the General Election shall be held on the fourth Thursday in August.  If the election Thursday is a legal holiday, the election shall be held on the first subsequent day, which is not a holiday.  The terms of Council Representatives and officers in office on the effective date of this amendment shall expire three (3) days following certification of results of the General Election.  (Amendment N effective September 20, 2007 – vote 435 for; 353 against; 8 ballots spoiled or mutilated)

Section 12.

Newly elected tribal officers and community representatives shall begin their official duties on the first business day of the first week following their certification by the Tribal Election Board.  (Amendment XVII effective September 23, 1985)