MEMORANDUM OF AGREEMENT
BETWEEN
THE MEMBERS OF THE U.S. METIS ALLIANCE
I. AUTHORITY
1. This Memorandum of Agreement is made under the authority of, and entered
into between, the original members of the U.S. Metis Alliance who have
ratified this current Memorandum of Agreement.
A. The original members are defined as those Metis nations and
organizations who have previously signed and ratified the original U.S.
Metis Alliance Memorandum of Agreement dated June 1, 2000. The original
members are listed in Annex 1.
2. New members may be added in accordance with the provisions of Paragraph
VIII of this agreement.
II. PURPOSE
The members of the U.S. Metis Alliance strongly believe that the value of
interaction among them can only strengthen their programs and further
develop friendships between the entities as they work closely together and
thus better understand each other.
III. RECOGNITION OF LEGAL STATUS
1. The members each acknowledge and recognize the sovereign and inherent
right of each of the other members to exist under the local, state,
provincial, national, and/or international laws applicable to each.
2. Each member shall render a certified copy of their organization's charter
and agreement ratification documents to the Chairman of the Alliance Council
for the purpose of establishing the member's legal status, rights, and
limitations in the implementation of this agreement.
A. The Chairman of the Alliance Council shall hold said documents in
trust on behalf of the Alliance and shall forward same to succeding
holders of that position upon their assumption of that office.
IV. THE UNITED STATES METIS ALLIANCE
1. The members hereby form the United States Metis Alliance, hereafter
referred to as the Alliance, to be governed under the provisions of this
agreement and international law.
2. The Alliance shall exist for the benefit of Metis individuals, nations,
and organizations located within the boundaries of the land area commonly
referred to as the United States.
3. The Alliance Council, hereafter referred to as the Council, shall serve
as the central decision-making body of the Alliance which shall primarily
function as the planning and coordination forum for the purpose of
implementing the provisions of this agreement.
A. Original members of the Alliance who fail to ratify the current
agreement shall continue to have the right to participate in
discussions of the Council, but shall not have the right of a vote on
matters brought before the Council.
4. Except as noted in paragraph IV, item 3, each member shall have equal
representation and each shall have an equal voice in all matters brought
before the Council.
A. Each member shall appoint a single individual who shall serve as
that member's representative on the Council.
B. All decisions of the Council shall be by consensus; provided that:
1. if consensus on any matter can not be achieved, no decision
shall be valid unless reached by no less than a majority of the
members' representatives;
2. decisions of the Council shall be binding on the Alliance as a
whole; member nations and organizations shall be bound to those
decisions or agreements to which they have individually obligated
themselves; and,
3. once a legal decision has been achieved, no member or member's
representative shall publicly repudiate, disparage or denigrate
that decision or of any member or member's representative involved
in reaching or implementing that decision.
5. The Council shall select a single individual from among the members'
representatives who shall serve a one-year term as the Council's
Chairperson. The Council Chair shall possess no inherent political power and
shall only perform those roles, tasks, responsibilities and authorities as
granted to them by the Council.
A. The Chairman of the Alliance Council shall retain possession of the
original copies of all documents of the Alliance and shall hold said
documents in trust on behalf of the Alliance and shall forward same to
succeding holders of that position upon their assumption of that
office.
6. The Council shall appoint such other individuals from the membership of
member organizations who shall serve in such capacities as the Council may
deem necessary. Said position shall be under the guidance and direction of
the Council; provided that the Council, at its discretion, may delegate the
authority and/or responsibility for this function, as the Council may deem
appropriate.
V. AGREEMENTS
1. It is mutually understood and agreed by all members that:
A. they shall be legally bound to abide by all of the provisions of
this agreement.
B. the most fundamental right of all individuals is human dignity and
that no individual of any member nation or organization shall publicly
humiliate any other individual and/or express or act in a manner that
strips another of their dignity.
C. while they will advocate the benefits of membership in the Alliance,
membership in the Alliance is not, nor shall it ever be, a condition of
participation by any Metis individual, nation, or organization in any
program or event sponsored, in whole or in part, by the Alliance or any
member to this agreement.
2. It is further mutually agreed that all members shall provide reasonable
cooperation in organizing, coordinating, promoting, staffing, and
participating in a variety of:
A. joint cultural and social projects and activities that may include
(but not be limited to):
1. cultural heritage centers;
2. dances, gatherings, 'rendezvous,' and other group activities;
3. expeditions and other excursions; and,
4. such other activities as the members may deem appropriate.
B. joint educational activities that may include (but not be limited
to):
1. short-term educational programs, seminars, meetings, and other
activities on governance and professional leadership development;
2. short-term educational programs, seminars, meetings, and other
activities on the culture, traditions, and/or history of the Metis
Peoples;
3. individual and group genealogical research initiatives and
projects;
4. developing and exchanging educational curriculum, materials and
other information; and,
5. such other educational activities as the members may deem
appropriate.
3. It is further mutually agreed that all members shall
A. continue discussion of other joint projects of particular interest
to one or more of the members.
1. For each joint project, the parties involved shall prepare and
execute a detailed agreement which shall specify and define the
logistical, financial, legal, and other commitments of each member
to the specific activity contemplated; and,
2. This agreement shall be completed and signed by all affected
parties, prior to the commitment of any financial resources by any
of the parties to that agreement.
B. support the activities contemplated in this agreement by making
special efforts, both individually and in concert, to secure:
1. qualified and experienced personnel; and,
2. appropriate financing from private, state, provincial, national
and international sources.
C. publish a joint annual report, produced by the Alliance, which will
summarize and evaluate the previous year's activities and list the
coming year's projects and activities.
VI. LEGAL RIGHTS OR OBLIGATIONS
Nothing in this agreement is intended to effect, alter or amend any member's
legal rights or obligations with respect to any other member. This agreement
shall serve only as a magnification of each member's desire to cooperate
and, if possible, to negotiate and execute valid and legally binding
obligations in the future.
VII. EFFECTIVE DATE AND DURATION
1. This agreement shall be effective for each original member on the date
that the Alliance Council is notified of the ratification of this agreement
by that original member. Each original member shall determine the form and
manner of their ratification of this agreement.
2. The duration of this agreement shall be in perpetuity, or until dissolved
by unanimous consent of all members.
VIII. ADDITION OR TERMINATION OF PARTICIPATION
1. A new member may be added to this agreement upon receipt by the Alliance
Council of a written request for inclusion, which must include a notice of
ratification of this agreement and the designation of an Alliance
representative.
A. Participation by the new member shall commence thirty (30) days
after their inclusion has been approved by a simple majority of the
then current members.
2. Any member to this agreement may terminate their participation in this
agreement upon receipt by the Alliance Council of a written notice of
termination. The notice shall automatically possess an effective termination
date of thirty (30) days after the date of delivery of said notice to the
Alliance Council or completion of all pre-existing legally binding
obligations, whichever is later.
A. Additional terms and conditions of the notice of termination shall
be as follows:
1. The notice shall disavow any responsibilities for any projects
for which no valid and/or legally binding obligations exist upon
the terminating member.
2. The notice shall include a provision that the termination will
not negatively affect any previously incurred, valid, and/or
legally binding obligations in progress at the time of the
decision.
3. The notice shall individually enumerate and describe all
previously incurred, valid, and/or legally binding obligations,
including a description of how said obligation shall be
successfully discharged.
IX. REVIEWS AND AMENDMENTS
1. This agreement shall be reviewed and the effectiveness of this agreement
shall be assessed at least once every two (2) years.
2. Amendments or modifications to this agreement, excluding the addition of
other members, must be made with the written consent of all parties.
3. The addition of other members must be made with the written consent of a
majority of then current members.
X. PRIOR AGREEMENT REPEALED
The original U.S. Metis Alliance Memorandum of Agreement dated June 1, 2000
is hereby repealed and replaced by the current Memorandum of Agreement.
ANNEX 1
1. The original members of the U.S.Metis Alliance are the:
A. Metis Nation of the South;
B. Metis Nation in New England;
C. Blue Mountain Metis Nation; and,
D. Association of Southern Metis, Inc.
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