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Local objects |
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Article 83-Assembly |
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| 83.1 |
Legislative power |
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All legislative powers of a local community shall be vested in an Assembly of members (Assembly) which shall consist of all valid registered members of One Spirit Tribe to that Assembly. |
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An assembly shall be named and defined according to the pre-existing legislative and geographic subdivision of a state or region into individual districts, postcodes or boroughs. An assembly shall always be smaller in geographic area than a state or region. |
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| 83.2 |
Assembly sessions |
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Every Sunday there shall be sufficient sessions in a building dedicated for the purpose whereby all registered members of One Spirit Tribe may attend. These sessions shall be called Unity. |
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Additionally, members of the Assembly may also be called to attend other sessions as defined by the calendar of celebrations of One Spirit Tribe. |
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| 83.3 |
Length of sessions |
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The length of most sessions shall generally be focused on a maximum of one hour, excepting sessions of particular complexity that require more time. |
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| 83.4 |
Size of an Assembly |
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Accordingly, communities shall not be permitted to grow beyond 5,000 (five thousand) households. This is in recognition of the practical limitations placed on the Elder to be able to properly support a community. |
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Communities that grow to this limit or beyond must institute within six months of reaching this number a Community sub-division whereby the community is divided into two-equal halves based on the geographic distribution of members. |
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| 83.5 |
Power of the Assembly |
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Vested by this Constitution, the Assembly shall have the power to review all budgets, expenditure and official planning of the Local Executive. |
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The Assembly shall not have the power to block general expenditure and income required for the operation and function of the local community, except when under the control of a Local Commission of financial review. |
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The Assembly shall have the power to accept donations from members and to own assets and keep and maintain bank accounts for the good financial conduct of local services. However, by this constitution, all bank accounts must be registered with both the regional and national organisation. The non disclosure of a bank account shall be considered an offence liable to expulsion and further prosecution. |
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The Assembly shall have the power and authority to establish local schools for the education of the children of members and non members. The Assembly shall also have the authority to establish local health and community services where requested and needed. |
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The Assembly shall have the power to commission a Local Commission of Investigation with the power to call any individual registered member of One Spirit Tribe within the community and any information held by the Local Executive to review. |
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A Local Commission of Investigation must be called by the Assembly when a call to expel one or more members is made, excluding cases where the grounds of the charge are based on an automatic expulsion. |
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| 83.6 |
Formation of a Temporary Assembly |
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A temporary Assembly is formed when approval is given to an application to form an Assembly by six (6) or more living members subject to the following conditions: |
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(i) That each member on the application is a current and valid living member of One-Spirit Tribe; |
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(ii) That each member on the application currently resides in the geographic area belonging to the proposed Assembly; |
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(iii) That none of the applicants are immediate family related; |
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(iv) That none of the applicants have previously applied for the formation of an Assembly; |
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Approval of such an application shall be the responsibility of the Regional Council, or if no Regional Council yet exists, the National Senate. If no National Senate exists, it shall be the responsibility of the temporary administrator. |
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A temporary Assembly shall have the right to participate in regional elections but not national or supreme elections. Furthermore, a temporary Assembly shall not have the power to undertake any financial transactions for or on behalf of One-Spirit-Tribe. |
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| 83.7 |
Formation of a permanent Assembly |
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Within one hundred and eighty (180) Days since the formation of a temporary Assembly, permanancy shall be granted to a temporary Assembly providing the following conditions are met: |
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(i) That membership of the Assembly now constitutes at least thirty six (36) living members; |
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(ii) That the Assembly has held elections and elected a Board ; |
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(iii) That no action contravening this Constitution has occurred with the original applicants that would warrant an Internal investigation or their expulsion. |
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| 83.8 |
Permanent Assembly Facilities |
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Once an Assembly is permanent, its primary goal is to first establish a suitable permanent, exclusive and central assembly to facilitate community gatherings and official ceremonies. |
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The second goal of the Permanent Assembly is to establish suitable permanent facilities for the provision of essential local social services including and not restricted to: health, education, information and social services. |
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| 83.9 |
Selection and location of Permanent Assembly Facilities |
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The location of permanent assembly facilities should ideally represent the closest practical geographical location to the residences of living Assembly Members that represent at least sixty (60) percent or more of total local Members. |
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If two or more areas hold equal proportions of members, then a ballot shall be drawn to select the most suitable location. |
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A review of permanent assembly facilities is permissable every ten (10) years, or earlier if required by primary function to maintain such facilities. |
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| 83.10 |
Disbandment of a temporary Assembly |
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If by one hundred and eighty (180) Days since the formation of a Temporary Assembly one or more of the conditions for permanancy are not met, the appropriate permanent Regional Council shall have the right to disband the temporary Assembly and revoke its status. If no permanent Regional Council yet exists, the National Senate shall have such right. If no permanent National Senate exists, it shall be the responsibility of the temporary administrator. |
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Unpon a disbandment, the persons originally making the application for a temporary Assembly are not permitted to directly re-apply for a new Assembly, nor hold office for a period of not less than one (1) year. |
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| 83.11 |
Wind-up of a permanent Assembly |
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The wind-up of a permanent Assembly is when an order is granted by the National Senate and/or Executive for a permanent Assembly to be wound up, its assets seized, its membership re-allocated or suspended and the Assembly itself deregistered. |
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Such an order is an order of last resort and must be subject to a national vote based only on one or more of the criteria being in existence: |
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(i) That the total active living membership of the Assembly has been less than 36 for twelve months or more; or |
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(ii) That the entire Executive has been expelled from One Spirit and that the majority of remaining members represent members of their former network. |
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(iii) That the Assembly is bankrupt and unable to continue to pay its financial obligations with no prospect of independent financial income in the future to meet its ongoing obligations. |
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