Tribal Government Structure
Following federal-recognition, the
Tribal Council approached the
task of developing the infrastructure necessary to provide social and economic
programs to tribal members. The Poarch Creek Indians operate under a constitution
which was ratified by the electorial process on June 1, 1985. The Constitution includes
a preamble and defines membership, rights of members, territory and authority of the
government, Council procedures, elections, powers and duties of tribal officers, popular
participation in government, branches and amendments.
The Legislative Branch of the Tribal Government is composed of a nine member
unilateral Tribal Council, elected by the general membership, who elects from its
members a Chairman, which is the Chief Executive Officer of the Tribe. The principal
function of the Tribal Council is to enact statues consistent with tribal sovereignty,
establish policy, and appropriate funds for the use of the government. The Tribal
Council delegates most of its executive authority to the Tribal Administrator. Due to
the legal concept of tribal sovereignty, which has been upheld by the United States
Supreme Court, the Tribal Council has broad powers that include the authority to levy,
assess and collect taxes.
The Judicial Branch of the Tribal government consists of a Tribal Court system
composed of a lower court and a supreme court that serves as a court of appeals. The
Judicial Branch also consists of a fill-time law enforcement staff. The Tribal court system
is operated exclusively for the benefit of the Tribal members as an important exercise
of sovereignty. In support of the Judicial Branch, the following codes and ordinances have
been enacted: criminal, civil, probate, traffic, juvenile, domestic relations, and gaming. The
federal court system has judicial authority only over major criminal offenses which
occurs on the reservation and also serves as an appellate system for the Tribal supreme
court.
The Executive Branch of the Tribal government is responsible for the overall
management of the daily activities of the government. It consists of the following
functional departments: Accounting, Community Relations, Chairman's Office, Public
Works, Employment and Training, Natural Resources, Health, Social Services, Public
Safety, Education, Housing, Administration, Tribal Government Accounting, Personnel
and Insurance, and Creek Indian Enterprises.
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