Santa Rosa Creek Tribe

CONSTITUTION AND BY-LAWS of

SANTA ROSA BAND of the LOWER MUSCOGEE, INC.

CONSTITUTION AND BY-LAWS

of

SANTA ROSA BAND of the LOWER MUSCOGEE, INC.

ARTICLE I. NAME
The name of the Corporation shall be “Santa Rosa Band of the Lower Muscogee, Inc.” herein
after referred to as Band.

A. The address of the Band is as follows
Santa Rosa Band of the Lower Muscogee, Inc.
4750 Willard Norris Rd
Milton, FL 32570

ARTICLE II. PURPOSE
The purpose of this Band, its Officers, Directors and Members, is to promote the health,
welfare, education, language, heritage, and culture of the Creek People.

ARTICLE III. MISSION
To establish community awareness of the Band through education, outreach programs, and
traditional events to promote the growth, support, and wellbeing of the Creek Culture.

ARTICLE IV. VISION
Preserve, enhance, and nurture the language, heritage, culture, and natural resources of the Band
for future generations.

ARTICLE V. SEAL
The Corporate seal shall be circular in form and shall be inscribed thereon the words “Santa
Rosa Band of the Lower Muscogee, Inc.”, and the word “Seal”.

ARTICLE VI. OFFICERS
The Santa Rosa Band of the Lower Muscogee, Inc. shall have the following officers: President
(Mekko), Vice President (2nd Mekko), Secretary and Treasurer. These officers shall perform
the duties of their positions as follows:

A. The Powers and Duties of the President (Mekko)
The President (Mekko) shall be Executive Director of the Band and shall see that all orders and
resolutions of the Board of Directors, herein after referred to as Council, are effective. He/She
may execute bonds, mortgages and other contracts requiring a seal but, all such contracts must
have prior approval of the Board of Directors and be attested by the Secretary.

B. The Powers and Duties of the Vice President (2nd Mekko)
In the absence of the President (Mekko) or in case of his/her failure to act, within a reasonable
time, the Vice President (2nd Mekko) shall have the powers of the President (Mekko) and shall
perform such duties as shall from time to time be imposed upon him/her or them by the
Council. The Vice President (2nd Mekko) shall engage a Certified Public Accountant to audit
the financial records of the Band annually by April 1st of the New Year and report the findings
to the Council.

C. The Powers and Duties of the Secretary
The Secretary shall attend and keep minutes of all meetings of the Council. He/She shall have
charge of the records and seal of the Band and shall in general perform all duties incidental to
the office of the Secretary of the Band, subject to the direction and approval of the Council.

D. The Powers and Duties of the Treasurer
The Treasurer shall keep full and accurate account of receipts and disbursements of assets
belonging to the Band and shall deposit all monies and other valuable property and effects in
the name of the Band in such depository or depositories as may be ordered by the Council
taking proper vouchers for such disbursements and shall render to the Council whatever may be
required in accounting of all transactions as Treasurer and the financial condition of the Band.
At the Annual Council Meeting, he/she shall render a full report of the Treasurer for the current
year. He/She may be required by the Band to give the Council a bond in such sum and with
such surety of sureties as the Council may require for the faithful performance of duties of the
office and the restoration of the Band. In the case of his/her death, resignation or removal from
office, all books, papers, money and other property of whatsoever kind in his/her possession
and contract, belonging to the Band, shall be given to the President or Vice President.
The election of officers shall be according to guidelines in ARTICLE IX. EXECUTIVE
BOARD.

ARTICLE VII. MEMBERS

A. Membership Eligibility Criteria
To be eligible to become a member of Santa Rosa Band of the Lower Muscogee, Inc. each
generation must be documented from one generation to the next back to a proven Creek Indian
Ancestor. Acceptable documentation includes, but is not limited to, birth certificates, death
certificates, headstones, census records, marriage licenses (or marriage index), obituaries, social
security application information, military records, deeds and wills.

B. Members
To become a Member of the Band, the person must be a descendant of a Creek Indian. This
descendancy must be documented and proven to the satisfaction of the Council. Approval of
the Council is required to become a Member of the Band.

77C. Voting Members
Members at least 18 years of age, in good standing and having attended at least one Council
meeting in the 11 months immediately preceding meeting the vote is being cast, may cast votes
in the election of Council Members and certain other Band actions which may involve a vote by
the Membership. All votes must be cast in person by the Member. Proxies are not valid and
will not be accepted in place of an in-person vote being cast.
The term “good standing” shall be defined as the Member having a Membership Card effective
for the current year. Burden of proof shall be on the Member to prove “good standing”.
No Band Member shall be a member of any other Band or Tribe, simultaneously, regardless of
the circumstances.
All Members, by accepting Membership shall constitute acknowledgement of the following
Membership Oath:
“In the sight of God and witnesses of the Creek Indian People, I,___(Member Name)_______
Do solemnly swear to uphold the Constitution and By-laws of Santa Rosa Band of the Lower
Muscogee, Inc., as an active Member and Representative of the Band. I vow to work for the
unity and welfare at all times, maintaining harmony and respect for the leaders and members of
this Band. I personally vow to serve and promote the Band in every capacity within my
personal power. I willingly accept these obligations as part of my membership of Santa Rosa
Band of the Lower Muscogee, Inc. If I find that I can no longer fulfill these obligations, I will
remove myself from the Membership. This I swear to my Creek Family.”
Any Member who is deemed to have violated this Membership Oath may be removed from the
Band by an affirmative vote of two-thirds majority of the Council. There will be no appeals to
such actions.

D. Membership Dues
Band membership dues are due and payable on January 1st of each year. Dues are considered
delinquent when payment has not been received by Santa Rosa Band of the Lower Muscogee,
Inc. before February 1st of each year. As of February 1st, it becomes incumbent upon the
member to take responsibility to contact the Band and rectify their delinquent dues status.
Members being delinquent on membership dues shall be terminated and removed from the
Band Roll along with their Minor Children. There is no reinstatement. A new membership
application and documentation must be submitted along with a signed Oath along with payment
in full of all delinquent membership dues. Membership acceptance is subject to approval by
Council.

ARTICLE VIII. MEETINGS
Meetings of the Band shall be held in accordance with the following guidelines:

A. Council Meetings
Council Meetings shall be held in the office of the Band, 4750 Willard Norris Rd, Milton,
FL in Santa Rosa County, Florida, or at such other place as shall be specified by a waiver
thereof in a notice of a pending Council meeting. Regular meetings shall be held as set
by the Council. These meetings may be rescheduled in the event of emergency or
conflict. Council Meetings can also be cancelled with majority vote of the Council.
Every Member, in good standing with the Band, shall have the privilege of attending all
Council Meetings.

B. Annual Council Meetings
Annual Council Meetings shall be held at the office of the Band or at such other place(s)
as shall be specified, on a specified day(s) of each year, as set by the Council. In the
event such Annual Council Meeting is omitted by oversight, the Council shall cause a
special meeting, in lieu thereof, to be held as soon thereafter as convenient. Any business
shall be transacted as if held at the Annual Council Meeting date originally scheduled.
Said subsequent meeting shall be called in the same manner as provided for Executive
Council meetings.

C. Executive Council Meetings
Executive Council Meetings may be called by the Council at any time deemed necessary
and separate from the regular monthly Council Meetings. Membership shall be given
notification of an Executive Council meeting.

D. Quorum
A quorum shall be no less than five (5) Council Members, two (2) of whom must be
Corporate Officers. A quorum at any Council Meeting shall be no less than stated above
for the transaction of business. In the case of a quorum is not present, the meeting shall
be adjourned without notice other than announcement at that time, and the meeting
rescheduled for a time when a quorum is present.

E. Absences
If any Council Member has two (2) consecutive unexcused absences, a vote will be taken
to determine if the Council Member will be retained or dismissed. It is the responsibility
of each Council Member to attend and take part in all activities and meetings and to
notify another Council Member if an absence is coming (with reason). If no notice is
given at roll call, the absence will be considered unexcused. Final decision of excused
and unexcused will be decided by the other Members of the Council. Should any type
action be taken, a certified letter will be sent to the last known address on file to notify
the person involved of the decision and conditions or actions being required by the
Council. Proper mailing of such a certified letter shall be considered as completed
notification to that person.

ARTICLE IX. EXECUTIVE BOARD
The Executive Board herein is referred to as Council. Executive Board Members, herein
referred to as Council Members, shall be elected at the designated Annual Council Meeting by
the majority vote of qualified Members in good standing.

A. Executive Board Nominations
A Nomination Committee, appointed by Council, shall notify Membership by Band
website posting, www.SantaRosaCreekBand.org, and/or by Electronic Mail of any
position that will be up for vote, at least fifteen (15) days prior to the election. This
notice must contain the positions involved and instruction as to nomination and election
procedure. Nominations must be written and legible, plainly dated, list the name and
position of the person nominated. All nomination letters must be signed (with printed
name below) and must display Nominating Party’s Membership number. The
Nominating Committee must include in its notice the deadline for nominations and the
location where nominations must be received. The nomination notice must also inform
Membership of the date, time, and location of the Annual Council Meeting at which the
election will be held. After the Nominating Committee meeting, the names of all
nominated parties shall be posted on Band website, www.SantaRosaCreekBand.org.

B. Members of the Council
Elected Members of the Council shall serve for a term of four (4) years, unless removed,
and perform as herein set forth, until their successor is elected by the same proper
methods by the voting Membership. Corporate Officers must be Members of the
Council.

C. Council
Council shall consist of not more than ten (10) Members, four (4) of which must be
Corporate Officers.

D. Qualifications of the Council

1. Must be a descendant of a Creek Indian. Must be registered on the rolls of Santa Rosa
Band of the Lower Muscogee, Inc., must be at least eighteen (18) years of age or older
and be qualified and in good standing with the conditions of Membership of the Band.

2. Accepting a Council seat shall constitute a pledge of active contribution and
dedication to the welfare and harmony necessary to promote the advancement of the
Band. Any Council Member who is deemed to do otherwise may be removed by an
affirmative vote of two-thirds majority of a Council quorum. There will be no appeals
to such actions.

3. All persons nominated and elected to Council must be a current Member in good
standing. Must be a descendant of a Creek Indian. Must be registered on the rolls of
Santa Rosa Band of the Lower Muscogee, Inc., must be at least eighteen (18) years of
age or older (voting Member of the Band) and be qualified and in good standing with
the conditions of Membership of the Band.

E. Corporate Officer and Chairman Terms
The President (Mekko) and Vice President (2nd Mekko) shall be elected for a period of
four (4) years. The Secretary and Treasurer shall be elected for a period of two (2) years.
The Chairman shall be elected biennially by the Council at an Annual Council Meeting for
a period of two (2) years. The election of President (Mekko), Vice President (2nd Mekko),
Secretary and Treasurer is achieved by a majority vote of the Council. To be official, a
minimum of seventy-five (75%) percent of the Council must be present. Any election held
in noncompliance with the above is null and void.

1. Any officer may be removed by an affirmative vote of two-thirds majority of a Board of
Directors (Council) quorum. Any officer having been removed by a two-thirds majority
vote of a Board of Directors (Council) quorum shall forever be prohibited from being
seated on the Board of Directors (Council).

2. The Council may appoint Council Member or Officer as it may deem proper from time
to time.

F. Powers and Duties of the Council

1. All checks and drafts shall be signed by a Corporate Officer.

2. All deeds and mortgages made by the Band, and all contracts and agreements to which
the Band shall be a party, shall be executed by the President (Mekko), Vice President
(2nd Mekko) and the Secretary of the Band, unless the Council, by resolution in
writing or of records, otherwise directs or determines. The Corporation and the Band
shall be held blameless and harmless and not responsible for any verbal contract not
subsequently consummated in writing as required hereby.

3. The President (Mekko) and Secretary of the Band, as the occasion may arise, and
when authorized and directed by the Council, may borrow money from any individual,
corporation, insurance and banking institution, and to execute such notes or other
documents as may be necessary or proper to evidence such loan and to secure the
payment thereof, from time to time, and to pledge and assign to such individual or
corporation to secure any such indebtedness, and to do such other acts as may be
necessary to properly secure the person or institution from whom such money may be
borrowed.

4. The President (Mekko), Vice President (2nd Mekko) and Secretary are authorized to
accept warranty deeds, loan deeds, security deeds, mortgages, bills of sales, to secure
debt, and conditional sales agreements on behalf of the Band and in connection with
any and all the objects of the business of the Band, with prior Council approval. The
documents and types of conveyances above are some examples of acceptable items
but does not limit, in any way, the acceptance of other types, with prior approval from
the Council.

5. Santa Rosa Band of the Lower Muscogee, Inc. is organized exclusively for charitable,
religious, educational, or scientific purposes, including 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.

6. Accordingly, should this Band ever disband or be dissolved, all funds and assets shall
be distributed to another non-profit organization(s) as deemed acceptable by the
majority vote of the Council in force at the time of such occurrence.

7. The Council shall have the power to admit and remove Members of the Band in such
manner, subject to such qualifications, and upon such terms and conditions and with
such rights as may be provided for in the Constitution and By-Laws of the Band.

ARTICLE X. COMMITTEES
Committees shall be designated, directed, approved, and dissolved by the Council.

A. Chairpersons
Chairpersons of committees shall be members of the Band in good standing and shall be
appointed by the Council.

B. Committee Members
Committee members shall be current Band Members in good standing and approved by
the Council prior to serving on any committee.

C. Non-Members
Non-Members of the Band may serve as a consultant but shall not be deemed to be a
committee member.

D. Existing Committees
Existing committees will be reviewed and reauthorized as appropriate at the Annual
Council Meeting.

ARTICLE XI. GOVERNMENT
The laws of the Band shall consist of the Constitution and By-Laws, Robert’s Rules of Order,
and any additional regulations approved by vote of the Council.

ARTICLE XII. AMENDMENT OF BY-LAWS
The Constitution and By-Laws of the Band may be altered, amended, or repealed and new ByLaws be adopted, only by the affirmative vote of the majority of the Members of the Council.

Revised 01/08/2022