Little River Band of Ottawa Indians
Ordinances and Regulations

Updated - June 6, 2001



Table of Contents

 

Ordinances

Chapter 100 - Government Operations

Chapter 200 - Membership, Election

Chapter 300 - Judiciary

Chapter 400 - Law and Order

Chapter 500 - Environmental

Chapter 600 - Employment

Chapter 700 - Programs

Chapter 800 - Business; Finance

Chapter 900 - Family

 

Regulations

Chapter R100 - Government Operations

Chapter R200 -Membership, Election

Chapter R300 - Judiciary

Chapter R400 - Law and Order

Chapter R500 - Environmental

Chapter R600 - Employment

Chapter R700 - Programs - Reserved

Chapter R800 - Reserved

Chapter R900 - Family - Reserved

 


Little River Band of Ottawa Indians
Ordinances

Updated - June 6, 2001


Chapter 100 - Government Operations


TRIBAL SEAL ORDINANCE
Ordinance # 96-100-01

(Recodified and Amended: May 27,1999)


Section 1. Official Seal.

1.01. Official Seal of the Tribal Government. The Little River Band of Ottawa Indians shall have a Seal, which shall be the official Seal of the government of the Little River Band of Ottawa Indians.


Section 2. Description and Meaning of the Seal.

2.01. Description. The Seal of the Tribe shall be a circular landscape comprised of a winding river, bordered by a pine tree, to the right of which two (2) adult eagles fly, around which landscape shall be a circle braided with the four sacred colors and from which nine feathers hang. The written name under which the Tribal government was reaffirmed under Public Law 103-324, together with the September 21, 1994 date of reaffirmation, shall be located around the circumference of the Seal.

2.02. Meaning of Seal. The winding river and pine tree depicted on the Seal of Tribe honor the riverine and woodland traditions and history of the Little River Ottawa people. The two (2) adult eagles represent the balance and different strengths brought to the Tribe's families and community by the male and female, as well as ones who bring our people's prayers to the Creator. The circle with the four sacred colors represents the balance of life: the four races of people, the four periods of our lifetimes, the four seasons of nature, etc. The nine feathers represent the nine historic Grand River Ottawa Bands, from whom the members of the Tribe descend.


Section 3. Official Dies of the Seal.

3.01. The official dies of the Tribal Seal shall not be transported outside of Tribal lands but shall remain at the seat of the Tribal government at the office of the Recorder of the Tribal Council.


Section 4. Limitation on the Use of Facsimiles, Reproductions or Impressions.

4.01. Use in Connection with Private Communications Prohibited. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Seal, shall be used in any private communications or documents, including but not limited to: private communications by employees of the Tribal government, stationary, envelopes, facsimiles, and electronic documents, which are unconnected with authorized, official functions or communications of the Tribe.

4.02. Use in Connection With Subdivisions or Enterprises of the Tribal Government. The Tribal Seal, including duly adopted variations of the Tribal Seal, may be used in connection with documents and communications of such subdivision or enterprise of the Tribal government, provided such document, correspondence or communication clearly identifies the identity of the subdivision or enterprise and such correspondence or communication is authorized by the governing body or officials of such subdivision or enterprise.

4.03. Commercial Use of Tribal Seal or Like Reproductions.
  1. Use in Connection with Official Functions or Enterprises of the Tribe. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Tribal Seal, shall be used in connection with the sale of merchandise or for any other commercial purpose associated with any official function or enterprise of the Tribe unless such use has been authorized by the Tribal Council. All profits derived from the sale of merchandise or other commercial use of the Tribal Seal in any form shall be accounted for and turned over to the general fund of the Tribe.
  2. Use in Connection with Private Commercial Activities. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Tribal Seal, shall be used for personal gain or profit, including merchandise offered for sale, or for any other commercial purpose unless such use has been specifically authorized by Resolution of the Tribal Council.

 

4.04. Limited Personal Use of Tribal Seal by Tribal Members Permitted. Nothing in this Ordinance shall prohibit any Tribal Member from making or having made, a facsimile, reproduction or impression of the Tribal Seal made for his/her personal use or as a gift to another Tribal member; provided that nothing in this subsection 4.04 shall authorize any person to use the Tribal Seal in any manner prohibited in subsection 4.01.


Section 5. Civil Offenses; Penalties.

5.01. Any Indian or non-tribal member who violates this ordinance shall be liable for a civil fine not to exceed $5,000 for each violation thereof. The amount of any such civil fine may be recovered in a civil action in the Tribal Court. All fines recovered shall be deposited in the general fund of the Tribe.

5.02. In enforcing the civil infraction provisions of this ordinance, the Tribal Ogema or the Tribal Prosecutor shall proceed in the name of the Tribe against a person for violation of such provision by civil complaint. The Tribal Ogema or Prosecutor in such action shall have the burden of showing, by preponderance of the evidence, that such person violated the provisions of this ordinance.

5.03. All property bearing facsimiles, reproductions or impressions of the Tribal Seal produced or manufactured in violation of this ordinance, or monies derived from the sale of such property, shall be subject to seizure by order of the Tribal Court.

5.04. The Tribal Court shall have jurisdiction over all violations of this Ordinance.


Section 6. Recorder of the Tribal Council; Custodial and Other Duties.

6.01. The Recorder of the Tribal Council shall have the custody of the Tribal Seal and copies of all records and papers in the Recorder's office, certified by the Recorder, and authenticated by the Tribal Seal shall be evidence in all cases equally, and with the like effect, as the originals.


Section 7. Effective date.

7.01. This ordinance, as amended, shall take immediate effect after the date of its enactment.


Tribal Seal Ordinance
Ordinance 96-100-01
Recodified and Amended - May 27,1999
Updated : June 6, 2001(10:36am)

 



TRIBAL COUNCIL MEETING PROCEDURES ORDINANCE
Ordinance # 01-100-02


Section 1. Authority and Purpose

1.01. Authority for this Ordinance is Article IV, Section 6(e) and Section 7(g) of the Tribal Constitution, approved by a vote of the membership on May 27, 1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

1.02. The purpose of this Ordinance is to establish procedures governing the conduct of meetings of the Tribal Council, to give definitions to terms used in the Tribal Constitution relating to the implementation of legislative powers vested with the Tribal Council, and to clarify those procedures for the Tribal membership in order to facilitate member participation in the legislative and policy-making process.

1.03. In cases of disputes as to compliance with these regulations, substantial compliance, rather than complete compliance with these regulations shall be deemed adequate.


Section 2. Definitions

2.01. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

2.02. "Ad Hoc Committee" means a committee authorized by the Tribal Council for a special or singular purpose that dissolves upon completion of the purpose for which it was established.

2.03. "Call of Meeting" means the action taken by the person or persons who is (are) properly authorized to
bring an official meeting of the Tribal Council into existence.

2.04. "Closed Session" means that portion of a meeting, which is closed to the public to address personnel, business matters, or legal matters pursuant to Article IV, Section 6(d) of the Constitution.

2.05. "Tribal Council" means the nine (9) person body, elected from the three (3) Council Districts, which exercises the legislative powers of the Tribe.

2.06. "Council Officers" means the Council Speaker and the Council Recorder.

2.07. "Directive" means a request of the Tribal Council to the Tribal Ogema, or subdivision, to present a report on a matter before the Tribal Council.

2.08. "Council Districts" shall mean the three (3) Districts, consisting of the "At-Large District," the "Nine County District" and the "Tribal District," from which the nine (9) seats on the Tribal Council are elected.

2.09. "Elders" shall mean those members of the Tribe who are fifty-five (55) years of age or older.

2.10. "Legal matters" means all matters of the Tribe wherein the Tribe is, or may be, a party, either directly or indirectly, to a legal proceeding in federal, state, or Tribal court or an administrative forum addressing a matter to which the attorney-client privilege attaches; a matter wherein the Tribe is considering acting in its legal capacity as a party; e.g., purchase of land. Legal matters may be discussed by the Tribal Council in closed session pursuant to Article IV, Section 6(d) of the Tribal Constitution.

2.11. "Legislative Matter" means any action under consideration by the Tribal Council which involves the drafting, review or passage of an ordinance or the promulgation of policies or rules applicable to the Tribal government or any subdivision of the Tribal government.

2.12. "Majority vote" means a vote of a majority of the quorum, of the Tribal Council on a motion, ordinance, or resolution under consideration by the Tribal Council at an official meeting of the Tribal Council.

2.13 "Meeting" means a prearranged gathering of the Tribal Council, properly noticed and held in accordance with a properly executed resolution or call of meeting for the purpose of deliberating on public business of the Tribe.

2.14 "Member" shall mean a person who is duly enrolled in the Little River Band of Ottawa Indians.

2.15. "Motion" means a request and proposal for action, made by one (1) Tribal Councilor and seconded by another Tribal Councilor.

2.16. "Nine County District" shall mean the area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford Counties, in the State of Michigan.

2.17. "Notice of Meeting" means the official posting of the date, time, and place for a future meeting of the Tribal Council. A Notice of Meeting for any Special or Emergency Meeting shall also include the agenda for such Tribal Council meeting.

2.18. "Ordinance" means a Tribal law duly enacted by the Tribal Council.

2.19. "Personnel Matter" means those issues dealing with Tribal personnel that may be discussed in closed session pursuant to Article IV, Section 6(d) of the Constitution.

2.20. "Quorum" means the necessary minimum number of Tribal Councilors required to be present in order for official business to take place pursuant to Article IV, Section 6((f) of the Constitution.

2.21. "Record" means the approved Agenda for a Tribal Council meeting, the approved, written minutes summarizing the discussion/debate on matters considered at Tribal Council meetings, all documents submitted in connection with any agenda item considered by Tribal Council, as well as any resolution(s), ordinances approved by the Tribal Council.

2.22. "Council Recorder" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to maintain the minutes and records of the Tribal Council, publish the Notice of Meetings, and other duties pursuant to Article IV, Section 5(b) of the Constitution.

2.23. "Registered Voters" shall mean any Tribal member, who is at least 18 years old and eligible to vote in Tribal elections pursuant to any requirements prescribed by the Election Board.

2.24. "Resolution" means an official action of the Tribal Council, which is a document that can stand alone as a representation of the Tribal Council's actions, and generally contains Whereas, Resolves and a certification.

2.25. "Roll call " means to call each Tribal Councilor by name requesting their vote off aye, nay, or abstain. The order of the roll call shall be randomly ordered before each vote, and random lists may be generated prior to any meeting.

2.26. "Council Speaker" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to preside at all meetings of the Tribal Council, performs the duties of the Ogema in the absence of the Ogema, and other duties pursuant to Article IV, Section 5(a) of the Constitution.

2.27. "Tribal Ogema/Ogema-kwe" means the chief executive officer of the Tribe elected by majority vote of the Registered Voters of the Tribe or appointed by the Tribal Council pursuant to Article X, Section 4(a) of the Constitution.

2.28. "Tribal Councilor" means a person elected to the Tribal Council by the voters of one of the Council Districts or a person nominated and appointed to fill a vacancy on the Tribal Council pursuant to Article X, Section 4(a) of the Constitution.

2.29. "Waiver of Notice" means the act of intentionally relinquishing or abandoning the notice requirement for purposes of a Special or Emergency Meeting defined in Article IV, Section 6(b)(2) and Section 6(c) of the Constitution. Tribal Council members waiving the notice requirement for any meeting must do so expressly on the record at the Tribal Council meeting to which such waiver applies.


Section 3. Classification of Tribal Council Meetings

3.01. Regular Meetings. Those meetings of the Tribal Council, held at least monthly, at which official business is transacted in accordance with Article IV, section 6(a) of the Constitution shall be identified as regular meetings.

3.02. Emergency Meetings. Meetings of the Tribal Council, called pursuant to Article IV, Section 6(c) of the Constitution, to take official action(s) deemed necessary for the preservation or protection of the health, welfare, peace, safety or property of the Tribe.

3.03. Special Meetings. Meetings of the Tribal Council, called pursuant to Article IV, Section 6(b) of the Constitution, for the purpose of transacting official business of the Tribe, which is not a regular or emergency meeting

3.04. Work Sessions. Meetings of the Tribal Council, called for the purpose of reviewing, discussing, and receiving public comment on a matter under consideration by the Tribal Council.


Section 4. Tribal Council Meetings: Authority to Call; Scheduling; Notice Requirements

4.01. Regular Council Meetings.

 

  1. Set by Resolution. The date, time and location for all regular meetings of the Tribal Council shall be set by resolution of the Tribal Council at the last regular meeting of each calendar year.
  2. Publication. The schedule of regular meetings shall be published on a quarterly basis and shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building.
  3. Change in Meeting Schedule. No change may be made in the date or time for any regular meeting except by resolution of the Tribal Council. Notice of any changes in the meeting schedule shall be published and posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. The Tribal Council may change the location for a regular meeting, if circumstances reasonably require, provided notice of the change is posted at the scheduled meeting location and at the tribal government offices. Notice of changes to meeting schedules must be made:
    1. Weekly meetings. 24 hours prior to the weekly meeting.
    2. Monthly meeting. 15 days prior to the monthly meeting.

4.02. Special Council Meetings.

 

  1. Authority to Call. A special meeting of the Tribal Council may be called by the following persons:
    1. the Tribal Ogema;
    2. the Council Speaker;
    3. Two (2) or more Council members;
    4. Ten percent (10%) of the Elders;
    5. Ten percent (10%) of the registered voters of the Tribe.
  2. Tribal Ogema, Council Speaker, Tribal Council: Written Request Required. The Tribal Ogema, Council Speaker, or Tribal Councilors may call a special meeting by submitting a written request for a special meeting to the Council Recorder. Such request must be executed by the person(s) authorized to call a special meeting, include a description of item(s) to be considered at such special meeting, the action requested (i.e. approval by motion or resolution), together with the date and time such request was submitted to the Council Recorder.
  3. Elders or Registered Voters: Written Petition Required. Elders and registered voters of the Tribe may call a special meeting by submitting a petition containing the signatures, names and addresses of the required number of persons. Such petition must include a description of the item(s) to be considered at such special meeting, the action requested, together with the date and time such petition was submitted to the Council Recorder. Upon receipt of a petition requesting a special meeting, the Council Recorder shall submit such petition to the Tribal Registrar to verify the validity of the signatures of the members signing the petition and that the requisite number of signatures are contained on that petition.
  4. Scheduling. The date, time, place, for all special meetings of the Tribal Council shall be scheduled by the Council Recorder following receipt of a written request or written petition. The agenda shall be forwarded as required in the Constitution.
  5. Publication. The date, time and place for each special meeting, together with a description of each item of business to be transacted or discussed at such meeting shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. If more than one action is required in connection with a single topic requested for discussion and action at special session, the notice of meeting published shall specify each action as a separate item. Agenda items shall be described with sufficient specificity so as to provide tribal members with reasonable notice of the issue and the form of action requested.
  6. Notice of Meeting. The notice of meeting described in paragraph (b) shall be mailed to each Tribal Councilor at his/her designated mailing address and posted no less than seventy-two (72) hours before the date and time set for such meeting. Efforts shall also be made to provide each Tribal Councilor with any documentation pertaining to the business item(s) to be considered at any special meeting.
  7. Forms. The Tribal Council shall develop such forms as may be necessary to implement this section and shall make such forms available to tribal members.

 

4.03. Work Sessions; Scheduling. Work sessions are scheduled by the Tribal Council on an as-needed basis to permit detailed discussion of ordinances, policies, or other matters under consideration and, if appropriate, to obtain public comment/input concerning such matters.

4.04. Emergency Meetings.

 

  1. Authority to Call. An emergency meeting of the Tribal Council may be called by the following persons:
    1. The Tribal Ogema; or
    2. The Council Speaker.
  2. Procedure. The Tribal Ogema or the Council Speaker may call an emergency meeting by submitting a written request for a emergency meeting to the Council Recorder. Such request must be executed by the person authorized to call a emergency meeting, include a description of item(s) to be considered at such emergency meeting, the need for emergency action, the action requested (i.e. approval by motion or resolution), together with the date and time such request was submitted to the Council Recorder.
  3. Scheduling. An emergency meeting of the Tribal Council shall be scheduled by the Council Recorder upon receipt of a verified call of emergency meeting executed by the Council Speaker or by the Tribal Ogema.
  4. Notice. The date, time, place and agenda for each emergency meeting shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. The record for each emergency meeting shall contain a statement from the Council Recorder of all efforts made to provide each Tribal Councilor with notice of such meeting.


Section 5. Conduct of Tribal Council Meeting

5.01. Setting the Agenda for Regular Meetings.

  1. Agenda Requests. Any Tribal Councilor, the Tribal Ogema, or Tribal member may request consideration and action by the Tribal Council by completing an agenda request form and submitting such form to the Council Recorder. Agenda requests should include the following supporting information:
    1. a description of the issue (including any supporting documentation);
    2. whether any action (motion, resolution, ordinance) is requested;
    3. the need for such action;
    4. the Tribal Council's authority for such action;
    5. whether the action requested is addressed by existing policies or ordinances;
    6. how any decision would be implemented; and, the persons who would be responsible for implementing any decision.
  2. Agenda Request Forms. The Tribal Council shall develop any forms necessary to implement this section and shall notify tribal members and employees of the availability of such forms and the procedures by which an item may be placed on the Tribal Council agenda for discussion and/or action.
  3. Submission in Advance of Meeting. Agenda requests should be submitted sufficiently in advance of Tribal Council meeting dates to allow the Council Recorder to schedule the item on the agenda for a future meeting and to establish and post the proposed agenda for meetings.
  4. Agenda Subject to Change. The meeting notice and proposed agenda posted shall include a statement that the agenda is not official until adopted by Tribal Council.
  5. Additions to the Agenda. No additional items may be added to the agenda, except by majority vote of the Tribal Council.
  6. Carry-over Agenda. Any item placed on the Tribal Council agenda, which is not approved or disapproved, or removed by roll call vote, may be carried over to the next Tribal Council meeting as "Old" business.

 

5.02. Agenda for Special Meetings. The agenda items for all special meetings shall be limited to those specific items included on the special meeting notice published in accordance with Section 4.02.

5.03. Procedure for Taking Action on Agenda Items.
  1. Each item on the agenda will be introduced by the Council Speaker. The Council Speaker will summarize the item, as described on the agenda request, describe any supporting documentation submitted with the request, and the person/entity submitting the request.
  2. Following introduction of the agenda item, the Council Speaker may ask the individual or a representative of the entity that submitted the request to provide a brief overview of the item.
  3. At the conclusion of the presentation of the agenda item, the Council Speaker will open the item up for discussion or questions from the Tribal Councilors. Tribal Councilors wishing to ask questions during presentation of the item, must first be recognized by the Council Speaker. Tribal Councilors will be permitted to ask the presenter questions, state his/her position, or make other statements concerning the agenda item.
  4. After giving Tribal Councilors the opportunity to ask questions or make statements concerning the agenda item, the Council Speaker will open the matter to the floor for questions/discussions from tribal members or other individuals present.
  5. At the conclusion of public comment, the Council Speaker will again open the issue up for follow-up discussion from the Tribal Councilors. Efforts shall be made to limit such follow-up discussion to no more than five minutes.
  6. At the conclusion of any follow-up discussion by the Tribal Council, the Council Speaker will call for a motion on the item.
  7. The Tribal Councilor making the motion must specify the action to be taken (i.e. approval as presented; form of approval; approved with modification; tabled and referred for additional comment/review/action; tabled; disapproval) in the context of the motion.
  8. Once a motion has been made, the Council Speaker will ask if there is support for the motion on the floor. A motion must have support to be acted upon by Tribal Council.
  9. A Tribal Councilor may change the terms of the motion on the floor, which will be treated as a motion to amend the motion and support will be requested for the amendment.
  10. Upon receipt of support for the amendment, the Council Speaker will direct the Council Recorder to repeat the substance of the amendment and conduct a roll call vote of the Tribal Council.
  11. Upon conclusion of a vote an amendment, the Council Speaker shall question the Tribal Council on whether it wishes to continue discussion on the motion on the floor, or vote on the motion on the floor.
  12. Upon conclusion of any discussion or a request to vote on the motion, the Council Speaker will direct the Council Recorder to repeat the motion and conduct a roll call vote of the Tribal Council.

 

5.04. Interpretation of Actions, Additional Direction. The actions of the Tribal Council shall be interpreted in light of the processes set forth in this ordinance. In the event additional direction is necessary, the latest edition of Robert's Rules of Procedure recognized by the National Association of Parliamentarians shall govern that interpretation.

5.05. Conduct of Tribal Members and Public.

  1. Any Tribal member wishing to address the Tribal Council or any person presenting an agenda item, must be recognized by the Council Speaker before making any comments. Persons must identify themselves by name and state why they are giving testimony. Persons speaking without first being recognized shall be considered "out of order" and will be requested to be silent until recognized.
  2. Tribal members and other members of the public in the audience may not engage in "side-bar" conversations during Tribal Council meetings, which have the effect of interrupting or disturbing a Tribal Council meeting. Persons engaging in such conversations may be considered "out of order" and will be asked to be silent.
  3. Persons who continue to speak out of order after being asked to be silent may be removed from the Tribal Council meeting.
  4. Members recognized must address their comments to the Tribal Council and restrict their comments or questions to the agenda item on the floor. The Council Speaker shall refer unrelated comments/questions to the public comment portion of the agenda. Members should attempt to limit their questions and comments to two minutes.
  5. All comments or questions must be presented to the Tribal Council in a respectful manner, without shouting or engaging in personal attacks. Any person failing to present his/her comments in a respectful manner will be considered "out of order" and will be asked to be silent or be removed.

Section 6. Action by the Tribal Council

6.01. Action by Tribal Council. In accordance with Article IV, Section 6(g) of the Constitution, the Tribal Council shall act only by ordinance, resolution or motion.

6.02. Action by Ordinance. Under the following circumstances, the Tribal Council will act by ordinance:
  1. When adopting or establishing rules governing the conduct of members of the Tribe or other persons within the territorial jurisdiction of the Tribe;
  2. When adopting procedures prescribing standards of conduct or performance applicable to the Tribal Ogema, or any subdivision of the Tribe; and
  3. When creating regulatory commissions or subordinate organizations, particularly when any powers of the Tribal Council are to be delegated to such organizations.

 

6.03. Action by Resolution. Under the following circumstances, resolutions are either required or appropriate:
  1. If the matter is one that the Constitution, any ordinance, charter or by-laws require a resolution;
  2. If the matter consists of amendments to an ordinance or the charter or by-laws of subordinate Tribal entities.
  3. If a certificate showing the authority granted by the Constitution or by any ordinance to the Tribal Council to perform a certain act is required to be filed or is likely to be required at some future date;
  4. If the matter regulates the management of the Tribe or a subdivision of the Tribe and is meant to be permanent until changed; and
  5. If the matter is one that is likely to be referred to from time to time.

6.04. Form of Resolution. Every formal resolution of the Tribal Council shall include the following information:

  1. A concise statement of the issue(s) presented and the relevant procedural history;
  2. A citation to the Constitutional and statutory authority for the action taken;
  3. A precise statement of the action taken by the Tribal Council, including any terms or conditions attached thereto; and
  4. If applicable, a clear directive or mandate identifying the person or entity responsible for implementing the action taken.

 

6.05. Action by Motion. All decisions, actions or directives of the Tribal Council, which are not memorialized by ordinance or resolution, shall be made by motion and roll call vote, in accordance with the procedure described in Section 5.03. Decisions, actions or directives of the Tribal Council should be clearly described in the minutes and, in most cases, be reduced to writing by the Council Recorder. The Council Recorder shall publish the record of decision or directive to the person(s) affected by such motion or to whom such motion is directed within five (5) business days of the date of the action.


Section 7. Closed Meeting Procedures

7.01. Closed Meetings Authorized. The Tribal Council may, pursuant to Article IV, Section 6(d) of the Constitution, meet in closed session to address personnel matters, business matters or legal matters. All or part of a meeting may be held in closed session; provided that if only part of a meeting is to be held in closed session, the agenda for that meeting shall clearly identify the matters to be addressed in closed session.

7.02. Purpose. Closed sessions are intended to permit the Tribal Council to engage in open, frank discussion and debate regarding matters that may require confidentiality, involve proprietary business matters, negotiating positions or be covered by one or more legally recognized privileges.

7.03. Procedures Applicable to Closed Meetings.
  1. All matters placed on the Tribal Council's agenda for consideration in closed session shall be reviewed by the Council Recorder to determine if the matter falls within the purposes for which closed session is authorized. The Council Recorder should consult with the Tribe's Legal Department if he/she is uncertain as to whether the matter can or should be considered in closed session.
  2. If the Council Recorder, any Tribal Councilor or the Tribe's Legal Department express reservations about the appropriateness or need to consider a matter in closed session, the question may be discussed in connection with the Tribal Council's approval of the agenda. Tribal Councilors are required to preserve any confidences or proprietary/legal positions associated with the matter in the course of any discussion or debate.
  3. The Tribal Council may only move into closed session following a motion and roll-call vote of the Tribal Council. Prior to calling for a motion to move into closed session, the Council Speaker shall provide a general description of the matters to be addressed in closed session, the person(s) required to be present during the discussion of each closed session agenda item, and the general reason for discussing such matters in closed session. The Council Speaker's description of the matter(s) shall be general enough to preserve any proprietary or privileged information.
  4. A complete record of closed session business, including minutes of closed session discussion and debate, shall be maintained. Such minutes shall be filed in a sealed envelope unless all or a part of the record of such meeting is opened to the public by the Tribal Council or upon order of the Tribal Judiciary.
  5. At the conclusion of each closed session, the Tribal Council will discuss whether any portion of the record (i.e. documents or written minutes) of such meeting can be open to the public. Except where the nature of the matter makes disclosure of the decision reached or action recommended following discussion of an item in closed session (i.e. adopting litigation strategy or negotiating position), a record of the decision made or action taken by the Tribal Council should be reported in the minutes and made public. If time permits, action by the Tribal Council should be moved to open session or placed on the agenda for action in open session at a future meeting.
  6. Upon the conclusion of any closed session, the Council Speaker shall ask for a motion to move into open session and request a roll call vote.
  7. At least quarterly, the Tribal Council shall review the schedule and minutes from previous closed sessions to determine if all or a portion of such minutes should be opened to the public. The determination to open any portion of a closed session's minutes shall be published to the tribal membership.

 


Section 8. Hearings Before the Tribal Council

[RESERVED]


Section 9. Records of Tribal Council Meetings

9.01. Records Maintained of Each Tribal Council Meeting. The Council Recorder shall be responsible for maintaining a record of each Tribal Council meeting at the offices of the tribal government.

9.02. Contents of Records to be Maintained. The record for each meeting shall consist of the following materials:

  1. call of meeting, if applicable;
  2. notice of meeting, if applicable;
  3. published agenda for such meeting;
  4. final agenda for the meeting;
  5. a set of approved minutes for that meeting;
  6. a set of original executed resolutions and ordinances, if any, that were approved at the meeting;
  7. the materials submitted for review or action with respect to each item on the agenda.

 

The records of closed sessions of the Tribal Council shall be maintained in a separate, sealed file with the records for the meeting.

9.03. Maintenance of Minute Book; Resolution Book; Laws and Policies. The records of the Tribal Council
shall also include a minute book, a resolution book and a compiled set of all laws, ordinances and policies
approved by the Tribal Council.

9.04. Content of Minutes. Each vote of the Tribal Council shall be recorded in the minutes, which shall include the following information:

  1. The substance of the agenda item under consideration;
  2. A summary of the discussion/debate on the item under consideration; provided that a complete transcript of the position of a Tribal Councilor shall be included in the record if, at the time the matter is under consideration, a Tribal Councilor specifically requests that such statement or position be included in the record;
  3. The vote of the Tribal Council, including the names of each Tribal Councilor supporting, opposing or abstaining; and
  4. If applicable, a reference to the existence of a formal resolution concerning the matter.

9.05. Preparation of the Minutes. Tribal Council meeting minutes shall be prepared and available for approval by the Tribal Council within thirty (30) days of the Tribal Council meeting in question.

9.06. Minutes Constitute Official Record. For purposes of official tribal action, only formally approved Tribal Council minutes shall be used to prove the truth of the matter asserted or to resolve the evidentiary issue in question.

9.07. Access to Council Minutes and Records. In accordance with Article III, Section 2 of the Tribal Constitution, the general presumption is that all regular, special and emergency meetings are required to be recorded, with published meeting. All Tribal Council meeting minutes and records, which are not closed shall be available for review during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday. Copies of meeting minutes and records shall be available upon request. Copies of approved meeting minutes will be provided to Tribal members without charge. All other persons, and tribal members requesting other records or documents (i.e. reports and supporting documents) pertaining to Tribal Council meetings, may be required to reimburse the Tribe for the reasonable amount for the cost of reproduction. Requests for copies of meeting minutes and records shall be made on a form prescribed by the Tribal Council and available at the tribal administrative office.


Section 10. Severability

10.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of this remaining portions hereof.


Tribal Council Meeting Procedures Ordinance
Ordinance # 01-100-02
Adopted - January 10, 2001
Updated: June 6, 2001(10:36am)



REVENUE ALLOCATION ORDINANCE

Ordinance # 01-100-03


Section 1. Purpose

1.01. This ordinance shall govern the allocation of net revenues derived from the tribal business and enterprises, during each fiscal year. This ordinance is intended to comply with the requirements of the Tribal Constitution, the Little River Band of Ottawa Indians Gaming Ordinance, Ordinance No. 97-400-01, as amended, and the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq. ("IGRA"). Acting by and through its duly elected Tribal Council, the Tribe shall use net revenues to strengthen the tribal government and tribal self-sufficiency, to support tribal economic development and provide for the current and future general welfare of the Tribe and its members.

1.02. This ordinance is further intended to be limited to the allocation of net revenues and not to include the allocation of grant funds, carry-over funds from prior fiscal years, or other forms of income.


Section 2. Definitions

For the purposes of this Act:

2.01. "Appropriation " means the action of the Tribal Council and Tribal Ogema approving a budget for the Tribe or a resolution which identifies funds, to be obligated by a branch or subdivision of the Tribe.

2.02. "Base Funding" means the level of funding established by the Tribal Council as being necessary to carry out essential governmental functions by the Tribal government in accordance with the Tribal Constitution and as set forth in this ordinance.

2.03. "Branch " means the Tribal Judiciary, Tribal Council or Tribal Ogema and offices related thereto.

2.04. "Budget" means an allocation of revenue or other income to a specific account or other accounting location which does not accumulate across fiscal years.

2.05. "Business " means a corporation, partnership, limited liability company, joint venture or other activity that takes place outside of the Tribal government operations and is expected to generate revenues, a part of which are to be returned to the Tribe. "Business" includes those entities created by the Tribe for conventional business purposes, as well as those entities for which the primary purpose is to generate revenue for or to carry out essential governmental functions.

2.06. "Enterprise" means a subdivision of the Tribal government operations located within the executive branch that is intended to generate revenue to cover or exceed operating costs of the enterprise.

2.07. "Executive branch" means those programs and enterprises created and located under the authority and responsibility of the Tribal Ogema.

2.08. "Fiscal Year" means the time period designated by the Tribal Council for budgeting and accounting purposes.

2.09. "Legislative branch " means those offices and employees, as well as committees and commissions, created and located under the authority and responsibility of the Tribal Council.

2. 10. "Net Revenues" means the sum of net gaming revenues, any net revenues from other enterprises and revenues distributed to the Tribe's General Fund in accordance with the charter or articles of incorporation for businesses. For purposes of this ordinance, the accounting principles recognized as Generally Accepted Accounting Principles (GAAP) shall apply to issues of preparation, interpretation, and auditing of enterprise or business financial statements and the computation of net revenues.

2.11. "Net Gaming Revenues" means the total gross revenues generated by each tribal gaming enterprise, less all operating expenses, principal payments due on financing, if any, and, any management fees paid under an approved management agreement.

2.12. "Program " means a subdivision of the Tribal government operations located within the Tribal Ogema branch that offers services or benefits at, below, or without cost. Programs are generally supported by Tribal revenues and grants.

2.13. "Tribal agent" means a board, commission, committee, or representative of a branch or subdivision who has been granted authority to act on behalf of the Tribe in regards to entering into contracts, agreements relating to funds of the Tribe, or obligating the Tribe to take action.

2.14. "Tribal Budget" means the budget prepared by the Tribal Ogema for the coming fiscal year providing for the operation of all branches and subdivisions of the Tribal Government.

2.15. "Tribal Council Budget and Finance Committee" means the Committee composed of 4 members of Tribal Council.

2.16. "Tribal Government or Tribal Government Operations" means all branches or subdivisions of the Little River Band of Ottawa Indians.

2.17. "Tribal Ogema" means the Chief Executive of the Little River Band of Ottawa Indians.

2.18. "Subdivision " means an program, enterprise, board, commission, committee, or support offices of the Judiciary, of the Tribal government operations.


Section 3. Fiscal Year

3 .01. The fiscal year shall be January 1 through December 31.


Section 4. Use of Net Revenues

4.01. Schedule of Allocation for Net Revenues. The Tribal Council hereby establishes the following schedule for allocation of net revenues in order to provide funding for the support of tribal governmental operations, economic development and the preservation of Tribal sovereignty and self-determination:

  1. Programs and Enterprises, and Boards, Committees and Commissions: An amount not to exceed ___ percent (___%) of net revenues;
  2. Tribal Judiciary: An amount equal to or not less than ___ percent (___%) of net revenues; provided that, in any fiscal year, the amount allocated to the Tribal Judiciary shall be not less than the amount needed to bring the total level of funding for the Tribal Judiciary to the level of base funding established for such purposes in the appropriation process;
  3. Tribal Council and Tribal Ogema Functions: An amount not to exceed ___ percent (___%) of net revenues; provided that, in any fiscal year, the amount allocated to the Tribal Council and Tribal Ogema functions shall be not less than the amount needed to bring the total level of funding for the Tribal Council and Tribal Ogema functions to the level of base funding established for such purposes in the appropriation process;
  4. Capital Outlay Budget: subject to the cap established for such purposes in section 8 and 9, an amount equal to not less than ___ percent (___%) of net revenues;
  5. Self Sufficiency Fund: subject to the cap established for such purposes in section 9, an amount not less than ___ percent (___%) of net revenues;
  6. Economic Development Budget: subject to the cap established for such purposes in sections 9 and 10, an amount equal to not less than ___ percent (___%) of net revenues;
  7. Rights Protection Fund: subject to the cap established for such purposes in section 11, an amount equal to not less than ___ percent (___%) of net revenues; and
  8. Contingency Reserve Fund: subject to any cap established for such purposes in section 12, an amount equal to not less than ___ percent (___%) of net revenues.

 

4.02. Timing of Allocations.
  1. Net Gaming Revenues. Tribal gaming enterprises shall, on or before the twentieth (20th) day of each month, file a financial report with the Tribal Council describing the gross revenues, operating expenses, principal repayment(s) on debt (if any), management fees (if any), any other approved deductions from gross revenues, and the amount of net gaming revenues to be distributed to the Tribe from the previous month's operations. The Tribal Ogema shall compute the allocations in accordance with the schedule established in section 4.01, and present such allocations to the Tribal Council for approval before the thirtieth (30th) day of such month.
  2. Business Revenues. For all businesses, the Tribal Ogema shall file a financial report, describing gross revenues, operating expenses, other approved deductions from gross revenues, and the amount of net revenues to be distributed, in accordance with the schedule (monthly, quarterly, annually) established in such business' charter or articles of incorporation. The Tribal Ogema shall compute the allocations in accordance with the schedule established in section 4.01, and present such allocation to the Tribal Council for approval before the thirtieth (30') day of the month the financial report is delivered.
  3. Enterprise Revenues. For all enterprises, the Tribal Ogema shall file a financial report describing gross income, operating expenses, other approved deductions from gross income, and the amount of net income generated.

 

4.03. Re-allocation of Unexpended Funds.
  1. Reallocation of Unexpended Funds Authorized. Any net revenues allocated to funding for programs and enterprises, or boards, committees or commissions, under section 4.01(a), to Tribal Council or Tribal Ogema functions under section 4.01(c), which are in excess of the amounts obligated for those purposes in any fiscal year, or which are in excess of any cap established for such purpose, may be re-allocated by resolution of the Tribal Council to any of the other purposes authorized in section 4.01.
  2. Report of Revenues and Allocations. On or before the 30' day of August of each fiscal year, the Tribal Ogema, in consultation with the financial officer for each enterprise and business, shall prepare a report for presentation to the Tribal Council Budget and Finance Committee which details:
    1. net income or revenues generated to date during that fiscal year by each enterprise and
      business;
    2. the amount of net income or revenues allocated to each purpose authorized in section 4.01;
    3. the net income or revenues projected for each enterprise and business for the balance of the fiscal year; and
    4. the amount of unexpended funds available for reallocation
  3. Timing of Reallocation. The Tribal Council Budget and Finance Committee, in consultation with the Tribal Ogema, shall recommend any reallocation of unexpended funds to the Tribal Council on a quarterly basis.

 

4.04. Limitation on Use of Net Revenues and Unexpended Funds; Per Capita. Net revenues and unexpended
funds shall be used for governmental purposes as a primary use. No net revenues or unexpended funds shall
be used for the payment of a per capita until all governmental needs are met.


Section 5. Revenues Allocated to Programs and Enterprises, and Boards, Committees and Commissions

5.01. Authorized Purposes. The amounts allocated to fund programs and enterprises, and boards, committees and commissions, pursuant to section 4.01(a), may be used for the following purposes:

  1. As a tribal supplement to extend contracts and programs funded under the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.);
  2. As a tribal supplement to fund an under recovery in the indirect cost pools;
  3. As a tribal supplement to fund Tribal governmental operations that do not comply with indirect cost regulations;
  4. To fund Tribal governmental operations, including planning, conservation and law enforcement, not included in the Tribal Ogema functions portion of the tribal budget;
  5. To fund tribally-sponsored programs and member benefits, such as education, health, housing, social services and cultural preservation; and
  6. To donate to charitable organizations and for charitable purposes.

5.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to programs and enterprises, and boards, committees and commissions, in accordance with appropriations approved in the annual tribal budget.

5.03. Revenues allocated to programs and enterprises shall be included in the General Fund.

5.04. Investment of Unexpended Funds. Revenues allocated to programs and enterprises, or boards, committees and commissions, shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that the maturity dates of investments be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for programs and enterprises.


Section 6. Revenues Allocated to the Tribal Judiciary

6.01. Authorized Purposes. The amounts allocated to fund the Tribal Judiciary, pursuant to section 4.01(b), may be used for the following purposes:

  1. As a tribal supplement to assure the permanent appropriation of base funding for the Tribal Judiciary and judicial functions established in the tribal budget; and
  2. As a tribal supplement to fund supplemental or increased requirements and programs above the level of base funding, approved for the Tribal Judiciary in the tribal budget.

 

6.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to the Tribal Judiciary in accordance with appropriations approved in the tribal budget.

6.03. Revenues allocated to the Tribal Judiciary shall be included in the General Fund.

6.04. Investment of Unexpended Funds. Revenues allocated to the Tribal Judiciary shall be invested in short term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for judicial purposes.


Section 7. Revenues Allocated to the Tribal Council and Tribal Ogema Functions

7.01. Authorized Purposes. The amounts allocated to fund the Tribal Council and Tribal Ogema functions, pursuant to section 4.01(c), may be used for the following purposes:

  1. As a tribal supplement to assure the permanent appropriation of base funding for Tribal Council functions as established in the tribal budget;
  2. As a tribal supplement to assure the permanent appropriation of base funding for Tribal Ogema functions as established in the tribal budget;
  3. As a tribal supplement to fund supplemental or increased requirements and programs above the level of base funding, which is approved for the Tribal Council or Tribal Ogema functions in the tribal budget;
  4. As a tribal supplement to fund an under recovery in the indirect cost pool;
  5. As a tribal supplement to fund Tribal Council or Tribal Ogema functions that do not comply with
    indirect cost regulations; and
  6. As a tribal supplement to fund un-recovered expenses associated with operations of the Gaming Commission, which are not paid out of operating expenses.

 

7.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to Tribal Council and Tribal Ogema functions in accordance with appropriations approved in the tribal budget.

7.03. Revenues allocated to the Tribal Council or Tribal Ogema functions shall be included in the General Fund.

7.04. Investment of Unexpended Funds. Revenues allocated to the Tribal Council and Tribal Ogema functions shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments shall be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for Tribal Council or Tribal Ogema purposes.


Section 8. Revenues Allocated to Fund the Capital Outlay Budget

8.01. Authorized Purposes. The amounts allocated to fund the Capital Outlay Budget, pursuant to section 4.01(d), may be used for the following purposes:

  1. To fund the acquisition of tribal lands, tribal facilities, buildings and interests in land for any authorized tribal purpose;
  2. To fund the development of tribal lands, including development of roads, utilities and infrastructure, necessary to promote and support the use of lands and buildings for the purposes such lands and buildings were acquired;
  3. To fund capital improvements to existing tribal lands and facilities; and
  4. To fund the investment account authorized by section 9 for the purpose of securing or servicing debt authorized for funding the purposes described in paragraphs (a) through (c).

 

8.02. Appropriation of Revenues Allocated; Cap on Allocation. The use of net revenues allocated to fund the acquisition and development of land, buildings, and interests in land shall be approved through the appropriation of funds for such purposes in the tribal budget; provided that the total amount of unobligated revenues held in the Capital Outlay Budget shall not exceed seven and a half million dollars ($7,500,000.00).

8.03. Revenues allocated to the acquisition and development of tribal lands, facilities and buildings shall be included in the Capital Outlay Budget.

8.04. Investment of Unexpended Funds. Revenues allocated to the acquisition and development of lands and buildings may be invested in investment vehicles with a range of maturity dates tailored to the purpose authorized. Those revenues appropriated for the purpose of funding cash purchases of lands or buildings, or development of lands or buildings, shall be invested in short-term investment vehicles, which mature sixty (60) days prior to the time such funds will be needed.


Section 9. Revenues Allocated for Investment and Long-term Self Sufficiency of the Tribe - Trust Fund

9.01. Authorized Purposes - Trust Fund. The amounts allocated for investment and long-term self-sufficiency of the Tribe, pursuant to section 4.01(e), maybe used for the following purposes:

  1. To fund the establishment of an investment account, described in section 9.03, to be managed for the purpose of pledging such funds to secure or service loans or other obligations, authorized for any of the purposes described in this ordinance;
  2. To fund the establishment of a Self Sufficiency Trust Fund, described in section 9.05, to be managed for the purpose of preserving and promoting the long-term self-sufficiency of the Tribe; and
  3. To pay the fees and expenses associated with retaining the services of a professional investment manager or trust manager for managing the account/fund authorized by this section.

 

9.02. Appropriation of Revenues Allocated. The appropriation of revenues allocated to the purposes authorized in this section shall be determined by the Tribal Council on an annual basis.

9.03. Engagement of Investment/Trust Fund Management Firm. The Tribal Council shall engage a consulting or advisory firm to assist in selection of an independent professional investment management firm. The Tribal Council shall engage an independent investment management firm with proven competence and experience established in the business of counseling large endowments, trusts or pension funds.

9.04. Investment Account. The Tribal Council shall establish an investment account to be managed for the purpose of pledging such funds to secure or service debt authorized to fund any of the purposes described in section 4.01(e).

  1. Funding of Investment Account; Principal Cap. The Tribal Council shall annually determine the percentage of funds allocated to the Trust Fund to be deposited in the investment account during each fiscal year. The Tribal Council may also allocate a portion of the funds allocated to land acquisition and development and economic development activities to the investment account; provided that the principal amount of the investment account authorized in this section shall not exceed twenty million dollars ($20,000,000.00) at any time.
  2. Investment Management Plan. The Tribal Council, in consultation with its investment manager, shall develop a plan for managing, investing and distributing income and principal from the account to match the requirements from the Tribe's operating, enterprise and fixed asset group budgets. Income not distributed shall be re-invested and added to the principal amount of the account. The Tribal Council, in consultation with its investment manager, may obligate or pledge future income and up to fifty percent (50%) of the principal of this account to secure loans or other debt. In defining the provisions for administration of this account, the Tribal Council, shall establish rules and standards for the invasion of the principal.

 

9.05. Self-Sufficiency Trust Fund. In order to promote and assure the long-term self-sufficiency of the Tribe, the Tribal Council shall establish a trust to be known as the "Self Sufficiency Trust Fund." The Tribal Council shall annually determine the percentage of funds allocated to investment and long-term self-sufficiency to be deposited in the Self Sufficiency Trust Fund during each fiscal year.

  1. Duration of Trust. The Self Sufficiency Trust Fund established in this section shall continue in existence so long as the Tribe exists and is recognized by the United States. The principal of these trust funds shall not be invaded or distributed except upon termination or disestablishment of the Tribe.
  2. One-hundred percent (100%) of the earnings generated by the Self Sufficiency Trust Fund shall be reinvested in the fund and shall not be distributed until the principal amount of the fund contains not less than twenty million dollars ($20,000,000.00), at which time all or any portion of the earnings may be reinvested or distributed by the Tribal Council.
  3. Use of Earnings. In distributing earnings, the Tribal Council shall give priority to using the funds to meet any anticipated shortfalls in base funding for essential governmental functions (legislative, judicial, executive, law enforcement) and to fund direct, essential services (i.e. health, education, housing, social services) to tribal members, particularly tribal elders and children.
  4. The Tribal Council in consultation with its investment manager, shall develop a plan for managing, investing, administering and distributing income and principal from the Trust Fund.

 

9.06. Revenues allocated to the investment account or the Self Sufficiency Trust Fund shall be included in the Trust Funds Budget of the Tribe.

9.07. Investment of Funds. Revenues allocated to Trust Fund shall be managed pursuant to an investment policy to be adopted by resolution of the Tribal Council. At a minimum, that investment policy shall provide:

  1. That the revenues appropriated to an investment account be weighted toward investments with long-range goals and maturities that provide for obtaining the highest rate of return current markets can safely provide;
  2. A percentage allocation of equities and debt instruments;
  3. Investment objectives to be reviewed on a quarterly basis by the Tribal Council; and
  4. That the revenues appropriated to the Trust Fund shall be maintained as separate accounts, which shall be audited a least once each fiscal year by a certified public accountant who shall prepare a report on the results of such audit. The report of the audit shall be available for inspection by any member of the Little River Band of Ottawa Indians.

Section 10. Revenues Allocated for Tribal Economic Development Budget

10.01. Authorized Purposes. The amounts allocated to fund tribal economic development, pursuant to section 4.01(f), may be used for the following purposes:

  1. To provide supplemental funding for ongoing enterprises, including funds for capital acquisitions for such enterprises;
  2. To provided start-up capital for new business ventures, business acquisitions and commercial investments benefiting the Tribe;
  3. To fund infrastructure improvements to support tribal economic development activities;
  4. To fund the establishment of a revolving credit account for loans to support business enterprises of tribal members;
  5. To fund the establishment of a business development corporation to provide technical assistance and support to businesses and business enterprises of tribal members; and
  6. To fund the establishment of the investment account authorized by section 9, for the purpose of pledging such funds to secure or service debt authorized for the purposes described in paragraphs (a) through (e).

 

10.02. Appropriation of Revenues Allocated; Cap on Allocations. The Tribal Council may authorize the disbursement of net revenues allocated to tribal economic development activities as a part of appropriations approved in the tribal budget; provided that the amount of unobligated revenues held for such purposes in the Economic Development Budget of the Tribe shall not exceed ten million dollars ($10,000,000.00) at any time. Requests for obligation of appropriations in support of economic development proposals may be considered in accordance with procedures adopted by the Tribal Council.

10.03. Revenues allocated to tribal economic development activities shall be included in the General Fund of the Tribe.

10.04. Investment of Unexpended Funds. Revenues allocated to fund tribal economic development activities may be invested in investment vehicles with a range of maturity dates tailored to the purpose authorized. Those revenues appropriated for the purpose of the direct funding of economic development activities or business acquisition shall be invested in short-term investment vehicles, which mature ninety (90) days prior to the time such funds will be needed.


Section 11. Revenues Allocated to the Rights Protection Fund

11.01. Authorized Purposes. The amounts allocated to fund programs for the enhancement and preservation of tribal sovereignty, pursuant to section 4.01(g), shall be used for the purpose of establishing a fund, known as the "Rights Protection Fund", which may be used for the following purposes:

  1. To fund supplemental or increased requirements in the Tribe's Legal Department, which are necessitated by efforts to enhance and preserve tribal sovereignty;
  2. To fund supplemental or increased requirements historical, ethnohistorical or other research related to enhancement and preservation of tribal sovereignty;
  3. To cover legal fees associated with the retention of special counsel and litigation expenses (including expert costs) authorized in support of efforts to enhance and preserve of tribal sovereignty; and
  4. To support or oppose legislative initiatives which impact tribal sovereignty.

11.02. Appropriation of Revenues Allocated; Cap on Allocation. The Tribal Council shall authorize the disbursement of net revenues allocated to the Rights Protection Fund in accordance with appropriations approved in the tribal budget or through supplemental appropriations. The Tribal Council shall, not less than annually, review and establish the priorities for activities to be carried out with funds appropriated from the Rights Protection Fund. Allocations of net revenues to the Rights Protection Fund shall be managed so that the unobligated balance of that fund does not exceed two million dollars ($2,000,000.00) at the end of any fiscal year.

11.03. Revenues allocated to the Rights Protection Fund shall be included in the Trust Fund.

11.04. Investment of Unexpended Funds. Revenues allocated to the Rights Protection Fund shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments shall be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for the purposes authorized.


Section 12. Revenues Allocated to the Contingency Reserve Fund

12.01. Authorized Purposes. The amounts allocated to the Contingency Reserve Fund shall be utilized as a reserve fund for unbudgeted funds, or unexpended funds from previous fiscal years.

12.02. Appropriation of Revenues Allocated; Cap on Allocation. The Tribal Council shall authorize the disbursement of funds in the Contingency Reserve Fund in accordance with the budgeting process or a resolution making allocations therefrom. As a result of audit findings, or by recommendation of the Tribal Ogema, the maximum amount in the Contingency Reserve Fund shall be set on an annual basis.

12.03. Investment of Funds. Until such time as the use of revenues allocated to the contingency reserve are developed and approved in accordance with the terms of this section 12, those revenues shall be invested in investment vehicles with maturity dates not to exceed ninety (90) days. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide.


Section 13. Severability

13.01. If any section, or any part thereof, of this ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by the Department of the Interior, the remainder of the section or part of this ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.


Section 14. No Waiver of Sovereign Immunity

14.01. Nothing in this ordinance shall provide or be interpreted to provide a waiver of sovereign immunity
from suit of the Tribe or any of its governmental officers and/or agents.


Section 15. Effective Date

15.01. This ordinance shall take immediate effect after the date of its enactment.

15.02. Applicability - Accounts; Percentages. Until such time as the Tribal Council shall amend this Ordinance to remove this Section, this Ordinance shall be for the purposes of setting forth specific accounts and budget processes, but shall be for guidance only in regards to required percentages. It is the intent of the Tribal Council, upon adoption of this Ordinance, to review on an annual basis, from Fiscal Year 2000 until such time as this ordinance is amended, the percentages allocated to each specified account(s) identified herein for purposes of directing accurate percentage allocations.


Revenue Allocation Ordinance
Ordnance # O 1-100-03
Adopted - March 21, 2001
Updated: June 6, 2001(10:36am)



BUDGET AND APPROPRIATIONS ORDINANCE

Ordinance # 01-100-04


Section 1. Purpose

1.01. The purpose of this ordinance is to implement a method for preparing, adopting, and implementing a tribal budget for all tribal governmental operations. This ordinance is adopted pursuant to Article IV, Section 1 and Section 7(i), and Article V, Section 5(a)(6) and Section 5(c) of the Constitution.


Section 2. Definitions

For the purposes of this ordinance, and as set forth in the Revenue Allocation Ordinance, the following terms are defined as follows:

2.01. "Borrowing Authority" means authority expressly delegated by the Tribal Council by appropriation or ordinance that permits a tribal agent to incur obligations on behalf of the Tribe.

2.02. "Contract Authority" means delegated authority, included with the adoption of the tribal budget or an appropriation by resolution, which authorizes the Tribal Ogema or a tribal agent to enter into contracts or other obligations. Such contracts may be for an extended period of time beyond the fiscal year in which it was entered.

2.03. "Tribal Revenue" means any funding generated by a business or enterprise, taxes, assessments or levies, or funding received from outside administrative agencies, including state or federal government.

2.04. "Carry-over" means the action by which funds related to grants and contracts are moved from one fiscal year to the next. Funds carried over do not constitute net revenue or net gaming revenue, but are included within tribal revenue.

2.05. "Department" means a discrete logical unit within the subdivisions of the Tribe which represents a single activity or related activities generated from a single office. Departments have individual budget account numbers allocated by the Accounting Department as approved in the budget by the Tribal Ogema and Tribal Council.

2.06. "Unexpended Funds " means those net revenues of the Tribe not utilized during a fiscal year and may include unbudgeted funds, if such funds are identified at the conclusion of the fiscal year.


Section 3. Balanced Budget

3.01. Balanced Budget. The tribal budget for the government of the Little River Band of Ottawa Indians shall be balanced.

3.02. Funding Availability. Unless specifically stated in an appropriation, all expenditures by tribal government operations are subject to funding availability.

3.03. Conclusion of Fiscal Year. Unexpended and carry-over funds at the end of the fiscal year may be reallocated in the next fiscal year pursuant to Section 4.05(f).


Section 4. Tribal Budget Formulation and Transmittal

4.01. General. The Tribal Ogema is responsible for preparing and presenting the tribal budget proposal for approval by Tribal Council, in accordance with Article V, Section 5(a)(5) of the Tribal Constitution.

4.02. Membership Input Through Tribal Council. The Tribal Council shall set on its agenda, prior to the end of the first quarter of the fiscal year, a time period specifically for receiving comments on activities, programs, businesses, enterprises, or other activities for proposed inclusion in the development of the next fiscal year's budget. The Tribal Council shall forward this information to the Tribal Ogema for use in preparation of the budget for the next fiscal year. Provided that, such public hearing comments shall be transmitted to the Tribal Ogema no later than the last day of May.

4.03. Formulation. The Tribal Ogema shall prepare a proposal for the tribal budget for the upcoming fiscal year and shall submit the proposal to the Tribal Council Budget and Finance Committee by the third Friday in August. Formulation of the tribal budget proposal shall consist of the following steps:

  1. The Tribal Ogema shall review current programs and enterprises', and boards, committees and commissions', objectives and results;
  2. The Tribal Ogema shall allocate net revenues as set forth in the Revenue Allocation Ordinance;
  3. The Tribal Ogema shall develop a summary of tribal priorities and objectives, which includes a narrative statement justifying the priorities and objectives proposed for all subdivisions, and shall request priorities and objectives from boards, committees and commissions which shall be included;
  4. The Tribal Ogema shall review previous appropriation actions to determine:
    1. if existing directives regarding program and enterprise development plans or plans for the delivery of governmental services require review and/or revision; or
    2. if progress is being made towards the goals established in such plans and/or if additional action or direction is necessary to fully complete such progress; and
  5. Review and consideration of directives or findings of independent audits, program audits, or assessments of program operations, management, internal controls or other findings or directives that promote the financial integrity of tribal government operations.

 

4.04. Budget Hearing. The Tribal Ogema shall present to the membership the proposed tribal budget for comment and review at a budget hearing prior to completion of the final draft and submission to the Tribal Council Budget and Finance Committee. Such budget hearing shall be held no later than July 31 St.

4.05. Tribal Council Budget and Finance Committee. The Tribal Council Budget and Finance Committee will review the tribal budget proposal prior to formal submission for approval by Tribal Council, for the purpose of providing comment to the Tribal Ogema and shall complete its review no later than August 31. The Tribal Council Budget and Finance Committee may provide assistance and input during formulation of the tribal budget at the request of the Tribal Ogema.

4.06. Composition of the Tribal Budget. The tribal budget proposal shall consist of the following subsections:

  1. Schedule of Allocation of Net Revenues and Net Gaming Revenues. As set forth in the Revenue Allocation Ordinance, this subsection of the tribal budget proposal shall contain the following
    information:
    1. Estimated net revenues
    2. Estimated net gaming revenues
    3. Allocations to base funding as set forth in Section 4 of the Revenue Allocation Ordinance.
  2. Functional Responsibilities and Detail Expenditures. Within this subsection of the tribal budget proposal, the Tribal Ogema shall describe the functional responsibilities and objectives for each subdivision and present detailed estimates of all proposed expenditures showing expenditures for corresponding items for the current and last preceding fiscal year, and explanation for increases and decreases proposed.
  3. Indebtedness. Statements of the indebtedness, including bonds, of the Tribe, showing the debt redemption schedules and interest requirements, debt authorized and unissued, and the condition of any sinking funds.
  4. Anticipated Tribal Revenue. Detailed estimates of all anticipated income of the Tribe from all sources including Self Determination Act contracts, grants, assessments, taxes and revenue allocation funds, with a comparative statement of the amounts received by the Tribe for each of the same or similar sources for the last preceding and current fiscal year.

 

4.07. Presentation of Tribal Budget Proposal to Tribal Council. The tribal budget proposal shall be presented to the Tribal Council Budget and Finance Committee as set forth in section 4.05. Following consultation with the Tribal Council Budget and Finance Committee, the Tribal Ogema shall submit the tribal budget proposal, as revised, to the Tribal Council by September 30'. Based upon the budget hearings held by the Tribal Ogema and comments received from Tribal members, the Tribal Council may reconcile or adjust the budget requests from the Tribal Ogema with available funding from grants, contracts, Revenue Allocation Ordinance funds, and any other revenues.

4.08. Enactment and Execution of Tribal Budget.

  1. The tribal budget for the next fiscal year shall be approved by the Tribal Council in the month of October.
  2. Four (4) originals of the approved budget shall be presented to the Tribal Ogema for his/her approval within seven (7) calendar days after its approval by the Tribal Council. The Tribal Council shall include with the approved tribal budget, a report detailing any line item increases, reductions, deletions or additions to the budget proposal submitted by the Tribal Ogema.
  3. The Tribal Ogema shall approve or disapprove the tribal budget within seven (7) calendar days after the Budget has been submitted by the Tribal Council. If the Tribal Ogema approves the tribal budget, as presented, he/she shall sign the tribal budget and return a copy of the executed tribal budget to the Council Recorder.
  4. If the Tribal Ogema, disapproves the tribal budget presented by the Tribal Council, he/she shall return it to the Council Recorder within the seven (7) day period provided in subsection (c), specifying the line item modifications he/she objects to.
  5. The Tribal Council shall meet within fourteen (14) calendar days to reconsider the tribal budget and the Tribal Ogema's objections. If, after reconsideration, the Tribal Council again approves the tribal budget by an affirmative vote of six (6) of the nine (9) Tribal Council members, the budget shall be returned to the Tribal Ogema, who shall sign it notwithstanding his/her objections.
  6. If, after reconsideration, fewer than six (6) Tribal Council members approve the budget, it shall be returned to the Tribal Ogema, without the amendments, who shall approve it.

 

4.10. Administration of the Tribal Budget.
  1. Monthly Budget Report. In accordance with the Constitution, Art. V, Section 5(a)(5), the Tribal Ogema shall ensure that monthly financial reports are prepared and delivered to the Tribal Council describing the financial condition and needs of the Tribe.
  2. Quarterly Review of Budget by Tribal Council. At the beginning of each quarter of the fiscal year, the Tribal Ogema shall submit to the Tribal Council a report showing the relation between the estimated and actual revenues to date; and if it shall appear that the income is less than anticipated, the Tribal Ogema may recommend, and the Tribal Council may approve, reductions in appropriations in any subdivision of the tribal budget, except amounts required for base funding and amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the cash income. If the revenues exceed, or if expenditures are less than, the amounts estimated, the Tribal Ogema may recommend supplemental appropriations or reallocation of funds. Quarterly reports shall be made available for inspection by tribal members as required by the Constitution.
  3. All actions modifying or adjusting the approved tribal budget, including supplemental appropriations, shall be approved by resolution of the Tribal Council and shall be submitted to the Tribal Ogema for his/her approval in accordance with the procedure described in Section 4.08.
  4. Budget Modifications; Authorization. The Tribal Ogema shall have the authority to make or recommend budget modifications subject to the following restrictions:
    1. All modifications to approved budgets, which require supplemental appropriations, or which re-allocate funds from one department to another, must be approved by the Tribal Council.
    2. Line item modifications within an approved department, which do not alter the scope of the program, but simply reallocate funds appropriated to that department, may be approved by the Tribal Ogema without Tribal Council approval.
    3. Any change in the scope of a program, such as the expansion or elimination of program activities, or any reduction in amounts appropriated for the purchase or provision of direct services to tribal members, must be approved by the Tribal Council.
  5. Disbursements. No funds appropriated by the Tribe shall be disbursed except by check or other banking instrument or process All disbursements shall be made pursuant to applicable procurement and disbursement policies approved by the Tribal Council.
  6. Carry-Over of Unexpended Balances.
    1. Carry-over of Federal Funds. Funds remaining within the Indian Health Service, Bureau of Indian Affairs or other Special Revenue Fund program budgets will be analyzed by the Tribal Ogema. The reallocation of funds from grants and contracts to the next fiscal year will be subject to any applicable regulations or conditions; provided that Tribal Council approval shall be required for any extension or reallocation that amends the terms of any applicable grant or contract. The Tribal Ogema, will present recommendations for allocation of carry-over funds to the Tribal Council for approval.
    2. Revenue Allocation Funds. Unexpended funds from the Revenue Allocation Ordinance will be reallocated under the procedure established in that ordinance.
    3. Time Frame for Reallocation of Unexpended Funds Process. January 31St, or upon the date the accounting books of the Tribe are closed for the prior fiscal year, will be the cut-off date for processing program invoices. Invoices for expenditures authorized in the preceding fiscal year, which are outstanding after the cutoff date will be debited in the subsequent year. If unexpended funds are available, those funds will be used to cover those invoices. The recommendations from the Tribal Ogema regarding carry-over and unexpended fund use requests will be presented to the Tribal Council at a regular session in months of February and March.
  7. Depository Accounts. The Tribal Council shall designate the depository account or accounts for tribal funds. At a minimum, separate accounts shall be required for General Fund and Special Revenue Funds.

Section 5. Audit and Review

5 .01. Every tribal government operation has has the initial and fundamental responsibility to assure that its application of public funds adheres to the terms of the authorization under which such funds were appropriated, as well as applicable tribal, federal or state statutory provisions.

5.02. Internal Audit. The Tribal Ogema shall conduct periodic reviews to determine whether applicable accounting and internal controls, including internal audit functions, are appropriate and functioning for each tribal division, department, enterprise, commission or committee. Such internal audits shall examine the financial, management and program activities of tribal divisions, departments, enterprises, commissions and committees. Every tribal subdivision shall be included in the scope of an internal audit at least once during each fiscal year.

5.03. Report of Findings of Internal Audits. Reports of internal audits shall be presented to the Tribal Council by the Tribal Ogema, or his/her designee, on a quarterly basis. Such reports shall include findings and recommendations for corrective action, or a summary of corrective actions taken. Reports shall also be transmitted to the appropriate division or agency.

5.04. Responsibility for Completion of External Audit. The Tribal Ogema, through the office of the Tribal Controller, shall be responsible for assuring that the an audit of the financial statements of the tribal subdivisions, is prepared in a timely manner in compliance with applicable federal, state, or tribal regulations.

5.05. Responsibility for Resolution of External Audit Recommendations. The Tribal Ogema is directed to implement or, if appropriate, recommend to the Tribal Council, steps to resolve recommendations and findings of the external auditor within an appropriate period of time.


Section 6. Severability

6.01. If any section, or any part thereof, of this ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of the section or part of this ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.


Budget and Appropriations Ordinance
Ordinance # 01-100-04
Adopted - Resolution # 01-0321-10
Updated: June 6, 2001(10:36am)


GROSS
GAMING REVENUE TAX ORDINANCE
Ordinance # 00-100-05


Section 1. Purpose; Findings

1.01. Purpose. The purpose of this Ordinance is to institute a tax on the gross gaming revenues of the Tribe's gaming Enterprise, in order to fund the reasonable regulatory costs incurred by the Tribal Gaming Commission and the reasonable fees, expenses and internal overhead costs incurred by the Tribe in overseeing the Enterprise.

1.02. Findings. The Tribal Council, in adopting this Ordinance, makes the following findings -

 

  1. The Tribal Council has the delegated authority and responsibility to enact ordinances to protect the general welfare of the Little River Band;
  2. The Tribal Council and the Tribal Gaming Commission have the responsibility and duty to ensure that the gaming Enterprise is properly regulated and that adequate tribal supervision of the Enterprise exists;
  3. The Tribal Council desires to ensure that adequate funding exists to fulfill these responsibilities; and
  4. The Tribal Council has the sovereign authority to enact taxes to fund its governmental operations.

 


Section 2. Adoption; Amendment; Repeal

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution # 01-0425-08.

2.02. Amendment. This Ordinance maybe amended from time to time asset forth in the Constitution or in procedures adopted by the Tribal Council.


Section 3. Definitions

3.01. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3.02. "Commencement Date" shall mean the first date that Gaming is conducted in the Permanent Facility pursuant to the terms of the Management Agreement.

3.03. "Compact" shall mean the gaming compact between the Tribe and the State of Michigan, dated as of December 3,1998, entered into pursuant to Section 11(d)(3) of IGRA, as the same may from time to time be in effect.

3.04. "Enterprise" shall mean the Little River Band of Ottawa Indians Gaming Enterprise established by the Tribe to engage in gaming at the Interim Facility and the Permanent Facility.

3.05. "Gaming" shall mean any and all activities constituting class II or class III gaming (as defined in IGRA) which the Tribe is authorized to conduct under the Compact.

3.06. "Generally Accepted Accounting Principles" or "GAAP" shall mean generally accepted accounting principles as applied within the United States.

3.07. "Gross Gaming Revenue Tax" shall mean the tax instituted and imposed by this Ordinance.

3.08. "Gross Gaming Revenue (Win)" shall mean the net win from gaming activities conducted by the Enterprise which is the difference between gaming wins and losses before deducting costs and expenses, determined in accordance with GAAP consistently applied.

3.09. "IGRA" shall mean the Indian Gaming Regulatory Act of 1988, PL 100-497, 25 U.S.C. s.2701 etet spea., as same may from time to time be amended.

3.10. "Interim Facility" shall mean the interim gaming facility constructed by the Tribe on the Property as it exists on the Effective Date of this Ordinance.

3.11. "Loan Agreement" shall mean the Taxable Construction Loan Agreement evidencing the Loan, as defined in the Management Agreement.

3.12. "Management Agreement" means the Management Agreement dated as of July 15,1999, as amended as of August 15,1999 between the Manager and the Tribe, as it may be further amended or restated from time to time.

3.13. "Manager" shall mean Manistee Gaming LLC, or any substitute or successor manager of the Enterprise.

3.14. "Permanent Facility" shall mean the permanent gaming facility, conference center, hotel, pool house and RV park to be constructed on the Property by the Tribe.

3.15. "Tribal Gaming Commission" shall mean the Little River Band of Ottawa Indians Gaming Commission created pursuant to the Tribal Gaming Ordinance to regulate Gaming of the Tribe in accordance with the Compact, IGRA and the Tribal Gaming Ordinance.

3.16. "Tribal Gaming Ordinance" shall mean the ordinance enacted by the Tribe, which authorizes and regulates Gaming on lands subject to the governmental power of the Tribe, as the same maybe amended from time to time.

3.17. Terms used but not defined in this Ordinance shall have the same meaning herein as in the Management Agreement.


Section 4. Administration.

4.01. Records and Record Keeping. The Enterprise shall retain all records necessary for the administration of the taxes imposed under this Ordinance for a period of at least three years from the date such taxes were paid to the Tribe. All of such records are subject to audit by the Tribe.


Section 5. Gross Gaming Revenue Tax.

5.01. Imposition of Tax. A tax is imposed on the Gross Gaming Revenue (Win) of the Enterprise in the amount of two and one-half per cent (2.5%) of such Gross Gaming Revenue (Win) generated as a result of Gaming conducted at the Interim Facility and three per cent (3%) of such Gross Gaming Revenue (Win) generated as a result of Gaming conducted at the Permanent Facility.

5.02. Collection and Payment of Tax. The tax imposed by section 5.01 hereof shall be payable monthly in arrears, no later than twenty days after the end of each month. During the Term of the Management Agreement, unless the Management Agreement is earlier terminated in accordance with its terms, Manager shall deliver to the Tribe a certificate signed by an officer of Manager at the time the tax is paid stating the amount of the tax and showing how such amount was computed.

5.03. Admission of Tax. The tax imposed by this Ordinance shall be administered by the Tribal Ogema. The Tribal Ogema may promulgated rules to administer this Ordinance and may prescribe the form of certificate to be filed at the time the tax is paid by a Gaming Enterprise subject to this tax.

5.04. Effective Date. This Ordinance shall be effective on the first day of the month following the date on which it is adopted by the Tribal Council.


Section 6. Use of Gross Gaming Revenue Tax Proceeds.

6.01. Use of Proceeds. Proceeds from the Gross Gaming Revenue Tax shall be used to fund the reasonable
regulatory costs incurred by the Tribal Gaming Commission and to fund the reasonable fees, expenses and
internal overhead costs incurred by the Tribe in overseeing, or otherwise in relation to, the Enterprise.

6.02. Deposit of Tax Revenues. All tax revenues received under this Ordinance shall be deposited by the Tribal Ogema to the credit of the general fund and shall be disbursed only in accordance with the Budget and Appropriations Procedures Ordinance for the purposes described in section 6.01.

6.03. Penalties. Failure to pay any tax revenues required by this Ordinance in a timely manner shall result in a $5000.00 penalty assessed on a daily basis.


Gross Gaming Revenue Tax Ordinance
Ordinance # 01-100-05
Adopted - April 25, 2001
Updated: June 6, 2001(10:36am)

Back to Table of Contents

 

Chapter 200 - Membership: Election

TRIBAL ENROLLMENT ORDINANCE
Ordinance # 97-200-01



Section 1. Purpose

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution, and particularly by Article II, section 4 which authorizes the Tribal Council to set forth Ordinances for the enrollment of individuals as members of the Little River Band, and in furtherance of the Tribal Council's authority to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby enacts this ordinance which shall establish the Tribal enrollment procedures and policies.

This Ordinances is adopted under provisions of the Constitution of the Little River Band of Ottawa Indians, which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

1.02. Legislative Action. The Tribal Council shall have the authority to amend, or repeal this Ordinance in accordance with procedures set forth in the Constitution and by the Tribal Council. The legislative history of actions taken in regards to this ordinance are as follows.

  1. Repeal of Ordinance # 94-1018-01. The Tribal Council replaced Ordinance # 94-1018-01 with Ordinance # 97-200-01 by adoption on October 12,1997.
  2. Amendment to Ordinance # 97-200-01. The Tribal Council amended Ordinance # 97-200-01 on January 31, 2001, 2001 by adoption of resolution # 01-0131-01.

Section 2. Persons Entitled to Membership

2.01. Eligibility for Membership. An individual is eligible for membership in the Tribe, if he/she possesses at least one-fourth (1/4) degree Indian blood, of which at least one-eighth (1/8) degree must be Grand River Ottawa or Michigan Ottawa blood and:

  1. Is a lineal descendant of a member of the historic Grand River Bands who resided in Manistee, Mason, Wexford or Lake Counties in the State of Michigan, who was listed on the schedule of Grand River Ottawa in the Durant Roll of 1908 as approved by the Secretary of the Interior on February 18, 1910; or,
  2. Is a lineal descendant of individuals listed on the 1870 Annuity Payrolls of Chippewas and Ottawas of Michigan listed under the following Ottawa Chiefs: Kewacushkum Pay-quo-tush Me-tay-wis Shaw-be-quo-ung Penayse Kaw-gay-gaw-bowe Maw-gaw-ne-quong Ching-gawa-she Aken Bell; and,
  3. Is not currently enrolled in any other federally recognized Indian Tribe, band, or group.

Section 3. Enrollment Procedure

3.01. Application forms to be filed by or for applicants for enrollment will be furnished by the Enrollment Officer, or other persons designated by the Enrollment Commission, upon written or oral request. The Enrollment Officer may also send application forms to persons known to be eligible for enrollment together with the notice of preparation of the roll.

3.02. A separate application is required for each individual seeking enrollment or for whom enrollment is sought. A parent of a minor under the age of 18 may file an enrollment application on behalf of his/her child(ren). Legal guardians of other legally incompetent persons may file enrollment applications on behalf of such persons; however, the Enrollment Officer may require proof of a guardian's status as a condition of approving an application submitted on behalf of such person. The Enrollment Officer shall assign a control number to each application received.

3.03. The burden of proof rests with each person submitting an application for enrollment to establish the applicant's eligibility for enrollment pursuant to Section 2 of this Ordinance.

3.04. Documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits, may be used to support enrollment. Records of the tribe or of the Bureau of Indian Affairs may be used to establish eligibility. The Enrollment Officer may utilize documents submitted on behalf of one family member in determining another family member's eligibility.

3.05. The Enrollment Officer shall make every effort to complete his/her review of each application within 120 days after receipt of the application. The Enrollment Officer shall, within that 120 day period, make a recommendation to the Enrollment Commission to either accept or reject the application, or in unusual situations, request additional information from the applicant.

3.06. The Enrollment Commission, with the assistance of any person authorized to assist in the enrollment processes, shall review each application, the recommendations of the Enrollment Officer, and make its determination in writing stating the reason(s) for acceptance or rejection of the application.

3.07. Persons whose applications for enrollment are accepted shall be assigned an enrollment number and shall be issued an enrollment card signed by the Tribal Ogema.

3.08. If the Enrollment Commission has rejected an application for enrollment, the Commission shall set forth the reason(s) for rejection in writing, including any additional evidence which might be needed to approve such application, and provide written notice to applicant of his/her right to re-submit the application at a later date or to appeal the decision in accordance with Section 8 of this Ordinance.


Section 4. Enrollment Commission

4.01. An Enrollment Commission consisting of three (3) to five (5) enrolled Tribal members shall be appointed by the Tribal Council in accordance with applicable Tribal laws and policies governing the appointment of members of Tribal Committees. The term of office for a member of the Enrollment Commission shall be for four years. Individuals appointed to the Enrollment Commission shall be sworn in by the Tribal Court. The terms of the Enrollment Commission members existing as of the date of adoption of these amendments shall be as follows so as to create staggered terms of office:

  1. Two of the members shall be chosen at random and shall serve two year terms.
  2. The remaining members, including any vacancies shall serve four year terms.

 

4.02. The members of the Enrollment Commission shall select one (1) member to serve as Chairperson of the Commission. The Enrollment Commission shall meet at least once a month or as often as necessary. The Enrollment Officer or Commission Chairperson shall call all meetings when it is determined that there is a need for a meeting. All other rules of procedure for the conduct of meetings shall be determined in accordance with any applicable Tribal Ordinances or policies governing the conduct of meetings.

4.03. In addition to the responsibilities described in Section 3 of this Ordinance, the Enrollment Commission shall advise the Enrollment Officer, other pertinent staff and the Tribal Council as to how the enrollment process may be made as fair and equitable as possible. The Enrollment Commission shall also assist in the preparation of any special rolls, including roles of Tribal members eligible for monetary payments or other benefits that may accrue to Tribal members.


Section 5. Maintenance of Roll

5.01. The Enrollment Officer shall ensure that the roll of tribal members is kept current.

5.02. The Enrollment Officer shall prepare a minimum of four copies of the roll of those persons determined to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, date of death, degree of Indian blood and degree of Grand River Ottawa or Michigan Ottawa blood. The membership roll shall be updated periodically or, at a minimum, annually, to add newly enrolled members.

5.03. Bi Annual Audit. In January 2001, and every two years thereafter, starting in September 2002, the Enrollment Officer shall conduct, or cause to be conducted, a Bi-Annual Audit of the Roll. Such audit shall be conducted on any previously unaudited portion of the Roll. The Biannual Audit shall be conducted to accomplish two goals:

  1. To confirm or otherwise verify the accuracy of each member approved for enrollment; and
  2. To review and provide comment on the processes utilized by the Enrollment Officer and Enrollment Commission.

 

5.04. Presentation of the Biannual Audit. The Enrollment Officer shall present to the Enrollment Commission the Biannual Audit which shall contain the following sections:

  1. Corrections to the Roll. This section shall contain changes identified by the Enrollment Officer in the Biannual Audit. These changes shall be grouped into the following categories. All lists identified in this subsection shall contain the full name of the member, enrollment number, blood quantum, date of birth, and other identifying characteristics as may be necessary as identified by the Enrollment Officer.
    1. No corrections are necessary. This shall be a list of those members for which the Enrollment Officer identified no discrepancies.
    2. Correction to roll which results in an increase in the blood quantum of a member. This shall be a list of those members for which the Enrollment Officer identified discrepancies in the file which will result in increasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity the reasons why the member's blood quantum should be increased.
    3. Correction to the roll which results in a decrease in the blood quantum of a member which may result in disenrollment. This shall be a list of members for which the Enrollment Officer identified discrepancies in the file which will result in decreasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity why the member's blood quantum should be decreased.
  2. Review and Analysis of the Processes. This section shall identify the list of processes and procedures, including the Enrollment Ordinance, utilized by the Enrollment Officer and Enrollment Commission and any proposed changes or amendments that may be identified by the audit.

 

5.05. Action on the BI Annual Audit. The Enrollment Commission shall accept the audit at a regular or special meeting, from the Enrollment Officer. After acceptance, the Enrollment Commission shall rule on each section of the audit.

  1. Approve audited files without change.
  2. Approve, or disapprove corrections to the file which result in increases in blood quantum. Such disapproval shall include written reasons for the disapproval, and may include a recommendation which identifies additional information or authentication which would cause the Enrollment Commission to approve the recommendation.
  3. Approve, or disapprove corrections to the file which result in decreases in blood quantum. Approval shall result in the Enrollment Officer forwarding via personal service or certified mail, return receipt requested, notice to the member of the initial decision of the Enrollment Commission and hearing date for the final decision.

5.06. Hearings. The Enrollment Commission shall hold hearings regarding corrections to decrease blood quantum for individual members. Such hearings shall be closed hearings, and all evidence and testimony shall be recorded and collected for the record. The member shall be given at least fourteen calendar days notice of the hearing date, time and place, and shall be notified that he/she may bring additional evidence, witness or other information to the hearing. The Enrollment Commission shall utilize the following process for hearing, as well as any rules promulgated by the Tribal Court in regards to the receipt of evidence or testimony.

  1. The Enrollment Officer shall present the results of the Biannual Audit in regards to the member and the corrected blood quantum.
  2. The member shall present any evidence or witnesses.
  3. The Enrollment Officer may cross-examine witnesses presented by the member.
  4. The Enrollment Commission may request closing or summary arguments at the completion of the presentations, and may ask questions during any part of the hearing of the Enrollment Officer, member or witnesses.

 

5.07. Written Decision. The Enrollment Commission shall present a written decision, within 45 days of the end of the hearing, which identifies the facts, evidence relied upon, and rule of law in regards to its decision making process to the Enrollment Officer and member. The written decision shall include direction to the Enrollment Officer regarding changes to the blood quantum, as well as notice to the member that he/she may appeal the decision to the Tribal Court as set out in Section 8 of the Enrollment Ordinance. Provided that, the Enrollment Commission, by a showing of good cause, may enter an order extending the 45 day deadline not longer than 30 days.


Section 6. Disenrollment

6.01. Grounds for Disenrollment. Any enrolled member of the Tribe who applies for and becomes an enrolled member of any other federally recognized Indian Tribe, Band or group subsequent to his/her enrollment in the Little River Band of Ottawa Indians, shall thereby forfeit his/her membership in the Little River Band of Ottawa Indians. An enrolled member of the Tribe may also be disenrolled upon a determination that a prior determination was made based upon a mistake of fact.

6.02. Procedure for Disenrollment Upon receiving notice that one or more of the grounds for disenrollment exist, the Tribal Enrollment Officer shall:

  1. Contact the member, or the member's parent or guardian, and inform such person of the fact they will be disenrolled, the reason for such person's disenrollment and opportunity to provide arguments and evidence why he/she should not be disenrolled;
  2. The notice required under paragraph (a) shall be mailed to such person's last known address by registered mail, return-receipt requested, at least thirty (30) days prior to disenrolling such person;
  3. If, after thirty (30) days, there is no response, and the grounds for disenrollment is verified the Enrollment Officer shall submit a certificate of disenrollment to the Enrollment Commission along with a written report;
  4. If the Enrollment Commission determines that the disenrollment report is correct, the certification of disenrollment shall be entered;
  5. Upon entering the certification for disenrollment, the Enrollment Officer shall provide the affected person(s), or such person(s)'s parent or guardian, notice of the Enrollment Commission's action and inform such person(s) of the appeals procedure pursuant to Section 8 of this Ordinance.
  6. An Tribal member who is disenrolled because it has been verified that such person has applied for and become an enrolled member of another federally recognized Indian Tribe, Band or group, that person shall be banned from re-applying for membership for a period of five (5) years.

Section 7. Relinquishment of Membership

7.01. Relinquishment Defined. "Relinquishment" is an act by which an enrolled member voluntarily and officially gives up the right of Tribal membership. It is an action that can only be taken by the individual.

7.02. Relinquishment Procedure. An individual may relinquish membership by:
  1. Submitting a written and signed statement to the Enrollment Officer requesting that his/her name be removed from the membership roll.
  2. The only acceptable proof of relinquishment is the signed, notarized letter of relinquishment.
  3. Once an individual has relinquished his/her membership, that individual shall be banned from reapplying for enrollment for a period of five (5) years.
  4. Membership of a minor or other incompetent person may be relinquished by the parents or legal guardian; however, in such an event, a minor may re-apply, within the five (5) year period, or upon reaching the age of seventeen (17). An incompetent person's relinquishment may be corrected by that individual by proving competency.
  5. The Tribal Enrollment Officer may not refuse a competent member's request to relinquish his/her membership, if such person's request is supported by a written, signed and notarized letter making that request.

Section 8. Appeal of Enrollment Decisions

8.01. All appeals from decisions of the Enrollment Officer or Enrollment Commission shall be heard by the Tribal Court.

8.02. Any person, including the parent or legal guardian of a minor or incompetent, who has been rejected for enrollment or subject to disenrollment has a right to appeal the decision of the Enrollment Commission.

8.03. The applicant appealing a decision of the Enrollment Commission shall the burden of proof on appeal.

8.04. All appeals shall be made in writing to the Tribal Court. An applicant shall have sixty (60) calendar days from the date of the adverse decision appealed from to file an appeal with the Tribal Court.

8.05. An applicant shall be granted a sixty (60) day extension to file his/her appeal if a written request for an extension is filed with the Tribal Court within the sixty (60) day period described in Section 8.04.

8.06. Parties may submit any additional supporting evidence or documents which were not previously furnished to the Enrollment Officer or Enrollment Commission and may include a copy of or reference to applicable Tribal records or records of the Bureau of Indian Affairs which relate to the applicant's eligibility for enrollment under Section 2 of this Ordinance.

8.07. The Tribal Court shall permit all parties to examine records submitted on appeal and to provide testimony or other evidence which would support or refute the application for membership or continuance of membership.

8.08. The sole issues on appeal will be to determine of the Enrollment Officer or Enrollment Commission made an error in rejecting the application for enrollment or in disenrolling the applicant. The burden of proof shall remain with the individual affected by the decision of the Enrollment Commission.


Section 9. Confidentiality

9.01. Records Subject to Confidentiality Provisions. As used in this Ordinance, "records" or "enrollment files" means any item or information about or collected from individuals, including, but not limited to, birth certificates, genealogy reports, or other documents that contain the individual's name, or identifying particulars assigned to the individual, such as photographs, which information is collected for the purpose of determining the eligibility for enrollment in the Tribe of an individual or members of an individual's family.

9.02. Use of Information; Advice to Individuals.

  1. Each individual who supplies or is asked to information about himself and his family shall be informed of the use or uses to which the information may be put, and what the consequences, if any, are of not supplying the information.
  2. At minimum, the notice to the individual must state:
    1. The authority which authorizes the solicitation of the information and that the disclosure of such information is voluntary;
    2. That the principal purpose of such information is to determine the eligibility of that person and/or his relations for enrollment in the Little River Band of Ottawa Indians;
    3. That the information may also be used to determine the eligibility of that person and/or his relations for benefits available from the state or federal government which are made available to persons of certain Indian blood quantum;
    4. The effect on him and/or his relations, if any, of not providing all or part of the information requested by the Enrollment Officer or Enrollment Commission;
    5. The steps which will be taken to keep such information and the procedure for authorizing disclosure of information to persons not authorized to access such information under this ordinance.

 

9.03. Assuring Integrity of Records.
  1. Records Maintained in Manual Form. When maintained in manual for,. enrollment files shall maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection:
    1. Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons.
    2. During working hours,
      1. the area in which the records area maintained or regularly used shall be occupied by authorized personnel or
      2. access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
    3. During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
  2. Records Maintained on Computer. When maintained in computerized form, enrollment files and records shall be maintained, at a minimum, subject to safeguards based on those recommended in the National Bureau of Standards booklet "Computer Security Guidelines for Implementing Privacy Act of 1974" (May 30, 1975), and any supplements thereto, which are adequate and appropriate to assuring the integrity of records in the system.

 

9.04. Conduct of Employees.
  1. Persons Authorized to Review Records. Unless disclosure to a particular person or persons is authorized pursuant to subsection (c) of this suction, records contained in individual enrollment files may only be handled and reviewed by the following persons:
    1. the Enrollment Officer;
    2. members of the Enrollment Commission;
    3. members of the Appeals Board or the Tribal Court reviewing or hearing an appeal regarding a particular enrollment application or file.
  2. Handling Records. Employees or members of the Appeals Board or Tribal Court whose duties require handling of records subject to this ordinance shall, at all times, take care to protect the integrity, security and confidentiality of these records.

9.05. Disclosure of Records.

  1. No records contained in individual member's enrollment files may be disclosed by any means of communication to any person, or another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.
  2. Specific Exceptions. The prohibition contained in paragraph (i) does not apply where the record would be:
    1. A list of enrolled member's names and address may be included in a Directory prepared by the Enrollment Officer in accordance with Section 10 of this Ordinance. The Directory of members' names and addresses may be provided to any Tribal member or employee of the Tribe requesting a copy of such Directory.
    2. To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the United States Code.
    3. To a recipient who has provided the enrollment officer or other person responsible for the record system in which the documents contained in the enrollment files are maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the records are to be transferred in a form that is not individually identifiable.
    4. To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual.
    5. Pursuant to the order of the tribal court upon a showing of good cause.

9.06. Accounting for Disclosures.

  1. Maintenance of an Accounting. Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by subsection 9.05, an accounting shall be made. The accounting shall record
    1. the date, nature, and purpose of each disclosure of a record to any person or to another agency and
    2. the name and address of the person or agency to whom the disclosure was made.
  2. Access to Accountings. Accountings of all disclosures of a record shall be made available to the individual to whom the record relates at his request.

 

9.07. Requests for Access to Records.
  1. A request for access to records contained in enrollment files shall be made in writing to the enrollment officers or his designee.
  2. Form of decision.
    1. No particular form is required for a decision granting access to records. The decision shall, however, advise the individual requesting the record as to where and when the record is available for inspection or, as the as may be, where and when copies will be available. If fees are due for collecting and/or copying records, the individual shall also be notified of the amount of fees due.
    2. A decision denying a request for access, in whole or part, shall be in writing and shall state the basis for denial of the request. The decision shall also contain a statement that the denial may be appealed to the Tribal Court. This appeal must be filed no later than twenty (20) days after the date of the denial.

 


Section 10. Preparation of Tribal Member Directory

10.01. The Enrollment Officer is authorized to prepare a Directory of Tribal Members. The Directory may include the name and address of each adult member of the Tribe.

10.02. The Enrollment Officer shall send written notice regarding the preparation of the Tribal Member Directory to the last known address of each adult member of the Tribe. Such notice shall inform each adult member Tribe that a Directory containing Tribal members' names and addresses will be published not less than sixty (60) days after the date of such notice, unless the member notifies the Enrollment Officer that he/she does not wish to have his/her name and/or address included in such Directory. Members shall also be given the option to provide additional information for inclusion in the Directory, which may include the member's telephone number and the name and age of such member's minor children.

10.03. A copy of the Tribal Member Directory shall be provided to any Tribal member or employee of the Tribe requesting a copy. The Enrollment Officer shall keep a record of the name and address of each person to whom a Directory has been provided.


Section 11. Severability

11.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of this remaining portions thereof.


Section 12. Ratification of Prior Enrollment Decisions

12.01. Nothing in this Ordinance is intended to modify or invalidate enrollment decisions made or approved by the Enrollment Officer or Enrollment Commission under authority of Ordinance No. #94-1018-01 prior to the effective date of this Ordinance.

Enrollment Ordinance
Ordinance 97-200-01
Amended - January 31, 2001 Updated: June 6, 2001(10:36am)



FIRST ELECTION ORDINANCE

Ordinance # 98-200-02


Section 1. Authority and Purpose.

1.01. Authority for this Ordinance is Article IV, Section 7 and Article IX of the Tribal Constitution, approved by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

1.02. The purpose of this Ordinance is to establish guidelines governing the appointment the Election Board responsible for conducting the first election under the Tribal Constitution. The regulations and procedures contained in this Ordinance shall further define the responsibilities and limitations on the Election Board consistent with Article IX of the Tribal Constitution.

1.03. In cases of disputes as to compliance with these regulations, substantial compliance, rather than complete compliance with these regulations shall be deemed adequate.


Section 2. Definitions.

For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

2.01. "At Large District" means the District representing those members of the Tribe residing in any Michigan County, State or other area outside the Nine County District. Qualified Voters who are registered in the At-Large District shall be entitled to vote for candidates for the Tribal Council seat representing the At-Large District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.02. "Ballot" means a paper document printed with a list of candidates for elected offices in each Council District and the Ogema appearing in a randomly determined manner. Ballots shall also contain a number or other identifying code so that the number of votes cast can be monitored and to prevent voters from casting more than one ballot.

2.03. "Ballot Box" means a secure container into which untallied ballots will be placed during the voting period. The Election Board may utilize a U.S. Postal Service box as a ballot box to receive absentee ballots or regular ballots in the event the first election is conducted by mail.

2.04. "Campaigning" means active participation in regular, organized efforts to solicit support for the election of, or in opposition to, specific candidates for office. Campaign activities include: making contributions in support of, or opposition to, candidates, disbursement of campaign literature or signs, canvassing (in person or by telephone) in support of, or opposition to, certain candidates, and organizing/holding meetings or gatherings. Campaigning does not include actions by which one merely expresses his/her support for a candidate(s) verbally or by wearing a button or placing a sign or sticker on one's property.

2.05. "Candidate" means a person who has filed any document(s) necessary to declare such person's candidacy for an elected position on the Tribal Council representing one (1) of the three (3) Council Districts or for the Office of Tribal Ogema. A person must announce his/her candidacy for a Council position for a specific District and may not simultaneously be a candidate for a position on both the Tribal Council and the Office of tribal Ogema.

2.06. "Constitution " means the Constitution of the Little River Band of Ottawa Indians, ratified by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

2.07. "Contribution " means the donation of money or in-kind donation of a person's efforts or services (personal or professional) in support of a particular candidate or candidates for any elected position in Tribal government.

2.08. "Districts" or "Council Districts" means the three (3) Districts, consisting of the "At-large District," the "Nine County District" and the "Tribal District" from which the nine-(9) seats on the Tribal Council are elected. Qualified Voters must be registered to vote in either the "At-Large District" or the "Nine County District."

2.09. "Election Board " means the five (5) member Board responsible for conducting the first election following its appointment by the Tribal Council pursuant to Article IX, Section 1(e) of the Constitution. The Election Board derives its authority from Article IX of the Constitution and this Ordinance.

2.10. "Election Process" means the steps necessary to conduct the first election and shall include the election announcement, registration of voters, verifying nominating petitions and candidate qualifications and counting of ballots.

2.11. "Immediate Family Member" means a parent, stepparent, spouse, sibling, stepsibling, child or other person(s) residing in the same household.

2.12. "Member" means a person who is duly enrolled in the Little River Band of Ottawa Indians in accordance with applicable Tribal Enrollment Ordinance(s).

2.13. "Nine County District" means the area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, and Wexford Counties, in the state of Michigan. Qualified Voters who are registered in the Nine County District shall be entitled to vote for candidates for the six (6) Tribal Council seat representing the Nine County District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.14. "Non-Candidate Registrants" means individual Tribal members who have registered pursuant to Section 5 of this Ordinance to campaign for, or make contributions on behalf of, any candidate(s) in the election.

2.15. "Poll" or "Polling Place" means anyplace designated by the Election Board for voting to take place. In the case of elections by mail, the homes of Registered Voters shall constitute the "polls" as that term is used in Article IX, Section 3(b) of the Constitution.

2.16. "Qualified voters" means any duly enrolled member of the Tribe, who will be at least eighteen (18) years old on the date of the first election.

2.17. "Registered Voters" means any Qualified Voter who has fulfilled any additional requirements prescribed by the Election Board to vote in the first election. Qualified Voters must be registered in either the "At-Large District" or the "Nine County District."

2.18. "Residence" means a person's primary and legal residence for the six (6) preceding the date of the first election. Evidence of residence may include, but not be limited to, the following: mailing address, address on driver's license, and address listed on utility bills. No Tribal member shall be deemed to have lost his/her residence by means of service in the armed forces of the United States, while a full-time student at any institution of higher learning, nor while confined in any public jail. A person's primary residence determines the district in which such person will be registered to vote.

2.19. "Tribal District" means the District representing all of the members of the Tribe regardless of their area of residence. Qualified voters who are registered in either the At-Large District or the Nine County District shall be entitled to vote for candidates for the two (2) Tribal Council seats representing the Tribal District.

2.20. "Tribal Council" means the nine (9) person body, elected from the three (3) Council Districts, which exercises the legislative powers of the Tribe. The term "Tribal Council" may also refer to the seven (7) person governing body serving at the time the Constitution was adopted.

2.21. "Tribal Ogema" means the chief executive officer of the Tribe elected by majority vote of members voting for the office of Tribal Ogema in the election.


Section 3. Election.

3.01. Appointment. The Tribal Council shall appoint an Election Board consisting of five (5) adult members of the Tribe meeting the qualifications described in subsection 3 .02. Such appointments shall be made within thirty (30) days after the date the Constitution was approved by the Assistant Secretary-Indian Affairs. The Tribal Council may appoint a number of alternates meeting the qualifications described in section 3.02, who shall serve on the Election Board in the event that any member of the Election Board is disqualified or removed from office or in the event that a member resigns from his/her office.

3.02. Eligibility. No person may be appointed to the Election board who is currently holding office on the Tribal Council or is a member of the Tribal Court. No person may be appointed to the Election Board if such member, or a member of such person's Immediate Family, is a Candidate for elected office.

3.03. Resignation, Disqualification and Removal of Election Board Members.

  1. Resignation of Election Board, Member. An Election Board member may resign his/her office at any time. Resignation is immediate upon submitting written notice to the Tribal Council of his/her resignation.
  2. Disqualification. If an Immediate Family member of any person serving on the Election Board becomes a candidate for elected office that Board member shall be disqualified from serving.
  3. Removal. All allegations of impropriety on the part of Election Board members in performance of their duties shall be referred in writing to the Tribal Court. Persons brining allegations of impropriety before the Tribal Court must identify the Election Board member(s) allege to have engaged in improper conduct, the specific action(s) or conduct supporting the allegations, including the date(s) such conduct occurred, the identify of witnesses/participants in such conduct, the impact such conduct has/had on the election process, and the remedy sought. A copy of the allegations shall be served on the Chairperson of the Election Board, the Board member(s) involved, and the Council Recorder. A hearing on the allegations shall be conducted by the Tribal Court within fourteen (14) days after such allegations are filed with the Court. Notice of such hearing, including the specific grounds alleged for removal shall be posted at the Tribal Offices and shall be served on the Board member affected and the remaining Board members at least seven (7) days prior to the hearing date. The affected Board member shall be given the opportunity to answer the charges at a public hearing of the Tribal Court. If the allegations against the Election Board member(s) are sustained, by a preponderance of the evidence, the Tribal Court may order the removal of the affected Board member or other appropriate injunctive relief. If the Tribal Court finds, by clear and convincing evidence, that the conduct of the Election Board member(s) has had a material affect on the integrity of the election process or the outcome of the election, the Tribal Court may declare the affected election results void and order that a new election be held. The decision of the Tribal Court shall be final.

 

3.04. Vacancies. A vacancy on the Election Board resulting from resignation, disqualification or removal shall be filled as follows:

  1. If alternates named pursuant to Section 3.01 are available and willing to serve on the Election Board, such alternate(s) shall be designated by the Speaker/Chairperson of the Tribal Council to fill the vacancy.
  2. If no alternates are available or willing serve on the Election Board, the Tribal Council shall appoint a person to fill such vacancy by majority vote.

 

3.05. Oath of Office. Immediately upon appointment to the Election Board, the Tribal Chairperson shall administer an oath of office to each member of the Board. The oath of office shall include a commitment to uphold the Constitution of the Little River Band of Ottawa Indians, to perform faithfully and diligently the duties and responsibilities of the Election Board, and make every effort to prevent fraud or abuse of the election process. Such oath shall be administered both orally, at a public meeting of the Tribal Council, and in writing.

3.06. Term of Office. The service of the Election Board members appointed to conduct the first election shall expire immediately upon completion of their duties.

3.07. Compensation. Election Board members shall serve without pay; however, Board members shall receive an honorarium for attendance at meetings and may be reimbursed for any expenses incurred in connection with their official duties, including mileage. The amount of such honorarium and other expenses shall be authorized in accordance a budget appropriating funds for the activities of the Election Board approved by the Tribal Council.

3 .08. Duties. The Election Board shall perform all duties necessary to properly conduct the first election and to perform such other duties set forth in this Ordinance.

3.09. Ethical Standards. Election Board members shall uphold the integrity, fairness and independence of the Election Board and the election process in the performance of their duties in that an independent and honorable Election Board is indispensable to assure the respect for the election process in the Tribal community. In furtherance of this requirement, the following ethical standards shall apply to Election Board members during their term of service:

  1. Election Board members shall not be actively or publicly involved in the campaign of any person for Tribal Council or other elective office;
  2. Election Board members should refrain from all Tribal political activities or actions, which could be interpreted in the Tribal community as supporting any political position. This prohibition does not mean that an Election Board member cannot engage in electoral politics at the local (township, county), state or national level.
  3. Election Board members should refrain from announcing his or her views on disputed legal or political issues related to Tribal elections or candidates for elected office.
  4. Election Board members, as well as family members who reside in such Board member's household, shall not accept a gift, favor or loan from any person who is a candidate for elected Tribal office or who is a "Non-Candidate Registrant" for any candidate.
  5. Election Board members shall not solicit funds or contribute to a Tribal political organization, candidate or political event.
  6. Election Board members shall refrain from making any public comment regarding the election rules and procedures unless authorized by the Election Board.
  7. Election Board members should encourage members of his/her immediate family to conform to the same standards of political conduct that apply to him/her.

 

It shall be cause for removal from the Election Board if any member violates this section.


Section 4. Election Procedures.

4.01. Election Rules and Procedures. The Election Board shall issue such rules and regulations, consistent with this Ordinance and the Constitution, as may be necessary to properly conduct the first election. Proposed rules and regulations shall be published at the Tribal Offices and presented to the Tribal Council for comment no later than forty-five (45) days after the initial appointments are made to the Election Board. Final rules and regulations shall be issued not later than ninety (90) days after the initial appointments are made. The Election Board may promulgate its rules and regulations in phases to facilitate the conduct of the election and to meet the requirements of Section 4.02. The Election Board's authority to promulgate rules and regulations shall include, but not be limited to:

  1. Establishment of the date for the first election.
  2. Registration of Qualified Voters in the Tribe, including certification of voter's eligibility, identification of those Registered Voters residing in the "At-Large District" and the "Nine County District," and preparation, publication and updating the roll of Registered Voters prior to the date of the election.
  3. Use of nominating petitions or other appropriate procedures to establish the list of candidates for the Off ice of Tribal Ogema and Tribal Council from each of the Council Districts.
  4. Procedures for verification of the qualifications of candidates and standards for the disclosure of financial conflicts or other background information by candidates, which the Election Board deems necessary and appropriate to protect the integrity of the electoral process and to protect the public interest.
  5. Establishing the form of ballots necessary to implement the District voting process established in the Constitution.
  6. Establishment of polling places, distribution of ballots and other voting procedures.
  7. Procedures for filing and resolving election challenges.
  8. Conduct of fun-off elections for the Office of Tribal Ogema, if necessary.
  9. Certifying election results.

 

In carrying out the above responsibilities, the Election Board shall seek to promote the integrity, fairness and independence of the Election Process by promoting full and equal participation in the Election Process by all Qualified Voters of the Tribe.

4.02. Election Announcement.
  1. Preliminary Announcement. Within forty-five (45) days after the initial appointments to the Election Board are made, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal Newsletter a preliminary election announcement which shall, at a minimum, give the date of the election, the voter registration procedures, the officers (Council seats by District and Tribal Ogema) to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for voter registration and closing the list of candidates for each elected office.
  2. Final Election Announcement. Not less than sixty (60) days before the date set for the first election, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal newsletter, an election announcement which shall give the date of the election, the manner in which the vote is to be taken (mail/polling places/absentee ballots), the officers to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for each stage of the election process.

 

4.03. The members of the Election Board shall select one (1) member to serve as Chairperson of the Board. The Election Board shall meet at least once a month or as often as may be necessary to promulgate the rules and procedures governing the first election, to complete the first election and to fulfill such other duties as are delegated to the Election Board by this Ordinance. The Election Board Chairperson shall call all meetings when it is determined that there is a need for a meeting. The Election Board shall determine its own rules of procedure for the conduct of meetings.


Section 5. Campaigning and Campaign Financing.

5.01. No campaigning shall take place in any of the Tribal Offices, Tribal buildings or any Tribal enterprises.

5.02. Candidates who are tribal employees shall not campaign during office hours. Tribal employees are further prohibited from campaigning for, or exhibiting support for, or opposition to any candidate during office hours. Council members, employees, and members of Tribal Committees and Commissions are further prohibited from campaigning for, exhibiting support for, or opposition to any candidate at official Tribal meetings or functions. Employees, Committee members and Commissioners may engage in any authorized campaign activity after work or other official functions provided such activities occur outside of Tribal Offices or Tribal buildings. Violations of these provisions by Tribal employees shall be referred in writing to the employee's supervisor in accordance with the Tribe's Personnel Policies. Violations of these provisions by members of the Tribal Council, Committees or Commissions shall be referred tot he Speaker/Chairperson and Secretary/Recorder of the Tribal Council.

5.03. Campaign signs may not be posted or erected on any Tribal property except for signs on residential property with the owner/tenant's permission.

5.04. Use of Tribal Newsletter. The Tribal Newsletter is published by the Tribal Government for the purpose of disseminating news and information concerning Tribal Government services, activities, minutes of Tribal Council meetings and other subdivisions of Tribal government, and state/national developments of general interest to Tribal members. Funding for publication of the Tribal Newsletter is derived from federal revenues and is supported equally by each Tribal program. The Tribal Council hereby establishes the following policy governing the use of the Tribal Newsletter in connection with the election of Tribal officials:

  1. No letters expressing the opinions of commentary if Tribal members and employees concerning disputed legal, programmatic or political issues within the Tribal community or letters directly in support of, or opposition to, a specific person or candidate shall be accepted for publication from the date of enactment of Ordinance through the date the first election is concluded.
  2. One edition of the Tribal Newsletter shall be devoted to the Tribal Election in advance of the Election Date. This publication shall include biographies, including any disclosures required by the Election Board, of each candidate for Tribal Council seats in each District and the Office of Tribal Ogema. The Final Election Announcement shall also be published in this edition. The Election Board shall approve the text of the biographies and disclosures for candidates prior to publication.

 

5.05. Campaign Financing by Non-Candidate Registrants. No person may expend money in support of or opposition to any candidate unless that person has first registered with the Election Board on forms provided by the Election Board for that purpose. Such Non-Candidate Registrants shall:

  1. Comply with subsections 5.01 through 5.04.
  2. May not expend more than $1,000.00 in cash during the election.
  3. May not solicit or receive funds from other people or organizations for campaign purposes.
  4. Must report his/her expenditures and campaign activities to the Election Board as provided in Section 5.07.
  5. Only Tribal members may be Non-Candidate Registrants.

5.06. Campaign Financing by Candidates. A candidate may solicit funds or other contributions for his/her campaign provided:

  1. Such solicitation or fund-raising activities comply with subsections 5.01 through 5.04.
  2. A record of all contributions received is kept. Such record must contain information the person making the contribution, the date received and the amount or type of contribution made.
  3. No contributions from non-Tribal members may be solicited or accepted unless received from members of the candidate's immediate family. Funds received from such family members may not be derived from other people or organizations.
  4. Only individuals may make contributions to campaigns.
  5. A record of all contributions received and expenditures must be reported to the Election Board on a monthly basis.

 

5.07. Reports of Campaign Finances and Activities. Each candidate and Non-Candidate Registrant shall report all campaign contributions and expenditures to the Election Board. Reports shall include all individual contributions, listing the name and address of persons making contributions and the amount contributed. The report shall also list all expenditures related to any campaign. Reports shall be submitted monthly by the fifteenth (15) day of each month of all activities during the preceding month. Final reports of contributions and expenditures shall be filed with the Election Board no later than the deadline set for contests relating to vote count. Failure of any candidate or Non-Candidate Registrant to file necessary report with the Election Board within the required tome shall result in a find of $10.00 per day. Any person submitting reports to the Election Board which are materially false or inaccurate may be fined up to $500.00 per occurrence.

5.08. Powers of Election Board.

  1. The Election Board shall have the power to promulgate rules and procedures as may be necessary to implement and enforce the provisions of this Ordinance relating to campaigning and campaign financing.
  2. The Election Board shall have the power to investigate campaign activities and allegations of violations of this Ordinance. This power shall include the power to issue subpoenas and cause them to be served and enforced, and the power to impound records or documents that will aid the Election Board in fulfilling its responsibilities. The conduct of such investigations shall accord the affected parties notice of issues being investigated and opportunity to respond to such inquiry, and to examine documents or witnesses presented to the Election Board. Any decisions or orders of the Election Board imposing any injunctive relief or any other sanction or penalty shall be in writing, which summarizes the grounds for such decision or order, and that the decision may be appealed to the Tribal Court.

Section 6. Severability.

6.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall affect the validity of the this remaining portions thereof.

First Election Ordinance
Ordinance # 98-200-02
Adopted - August 10,1998 Updated: June 6, 2001(10:36am)



PROCEDURES FOR THE ADMINISTRATION OF THE USE AND DISTRIBUTION OF THE LITTLE RIVER BAND OF OTTAWA INDIANS JUDGMENT FUNDS, DOCKETS 18-E, 58 AND 364

Ordinance No. 98-200-04


Section 1. Purpose.

1.01. These procedures are adopted pursuant to Article IV, Section 7 of the Tribal Constitution and the Tribe's Plan for the Use and Distribution of the Little River Band of Ottawa Indians Judgment Funds, Dockets 18-E, 58 and 364 (known as the "80/20 Plan"), which has been adopted as a Tribal Ordinance. The purpose of these procedures is to clarify the process for implementing certain aspects of the 80/20 Plan and to establish procedures and forms for clarifying certain rights and responsibilities described in the 80/20 Plan.


Section 2. Disbursement of Funds.

2.01. Request for Disbursement. Upon receiving notice of the Effective Date of the Tribe's Plan for Use and Distribution of the Judgment Funds, the Chairperson/Speaker of the Tribal Council shall call a Special Meeting, if necessary, for the purpose of enacting a Resolution requesting the disbursement of the Tribe's share of the Judgment Funds by electronic transfer to the financial institution and account number specified in such resolution.

2.02. The Tribal Council Chairperson shall consult with the Office of Trust Management to prepare any documents necessary to complete the request for disbursement in advance of the Effective Date to expedite the completion of the disbursement.


Section 3. Establishment of Bank Accounts to Receive and Segregate Judgment Funds.

3.01. Primary Account. The Tribal Council shall establish a primary account with Huntington National Bank in Manistee, Michigan to receive 100% of the Tribe's share of the Judgment Funds as provided in Section 2.

3.02. Within 10 days after receipt of the Tribe's share of the Judgment Funds, the Tribal Council shall direct that the 20% share of Judgment Funds programmed for land acquisition purposes be deposited in Account No. 01182014764 at Huntington National Bank.

3.03. The 80% of the Tribe's share of the Judgment Funds remaining in the account established under Section 3.01 of these Procedures shall remain in such account for implementation of the per capita payment portion of the "80/20 Plan".


Section 4. Publication of Roll of Qualified Tribal Members.

4.01. The Tribal Registrar shall prepare a list of all Qualified Tribal Members eligible to receive a per capita share of the 80% of the Judgment Funds programmed for per capita payments. The list of Qualified Tribal Members shall be posted at the Tribal Offices and Community Center in Manistee and other suitable locations in Muskegon and Grand Rapids, Michigan.

4.02. The Tribal Registrar shall publish Notice of the availability of the list of Qualified Tribal Members in the Tribal Newsletter to permit any member to confirm that his/her name, or that of his/her children is on such list.

4.03. The Tribal Registrar shall also maintain a list of all Applicants whose applications for enrollment were submitted on or before January 30,1998, and whose applications are still pending.

4.04. The Tribal Registrar shall make every reasonable effort, consistent with the Tribe's Enrollment Ordinance, to make a final determination on all pending applications for enrollment, which are included on the list established in Section 4.03 of these Procedures, on or before October 30, 1998. Notice of this proposed deadline shall be sent to all applicants affected by this provision.


Section 5. Distribution of One Time Per Capita Payments.

5.01. The Tribal Registrar shall provide the Tribe's Controller with an up-to-date list of the names and addresses for each Qualified Tribal Member within seven (7) days after the Tribe receives notification that the Tribe's share of the judgment funds have been transferred to the account specified in Section 3.01 of these procedures. The Tribal Registrar shall also determine the total number of persons on the roll of Qualified Tribal Members and total number of applicants still pending on the roll prepared under Section 4.03 of these Procedures.

5.02. Following verification of the total number of persons on the roll of Qualified Tribal Members and applicants pending, the Tribal Controller shall calculate each qualified member's per capita share, based upon the amount of funds remaining in the Primary Account, following transfer of the 20% of the Judgment Funds programmed for land acquisition to account No. 01182014764.

5.03. The Tribal Controller shall notify the financial institution of the amount of each qualified members' per capita share and provide the financial institution with a list of the names, social security number, and date of birth for each Qualified Tribal Member. The list provided to the financial institution shall also specify the names, social security number, and date of birth for all Minor Qualified Tribal Members, Incompetent Qualified Tribal Members and Incarcerated Qualified Tribal Members for whom trust accounts are to be established.

5.04. As soon as practical, the per capita checks for all adult qualified tribal members, other than incompetent qualified Tribal members and incarcerated qualified tribal members shall be mailed to the last known address on file with the Tribal Registrar. The per capita share of each Qualified Tribal Member shall be determined by dividing the total amount of funds held in the Primary Account on the date per capita checks are issued, divided by the total number Qualified Tribal Members and applicants still pending from the list prepared under Section 4.03 of these Procedures. Any balance remaining in the Primary Account after the per capita checks are mailed to Qualified Tribal Members shall be distributed as provided in Section 3.02 of the "80/20 Plan" and in accordance with these Procedures.

5.05. The per capita shares for minor qualified tribal members, incompetent qualified Tribal members and incarcerated qualified tribal members shall be transferred to the appropriate trust account(s) established under Section 3.04 of the "80/20 Plan" and in accordance with the approved trust agreement providing for the establishment and administration of such accounts.

5.06. In the event that the per capita share check mailed to any qualified Tribal member is not delivered or received and is returned to the Tribal Offices, such member's per capita share shall be placed in an individual, interest-bearing interest account. Such member shall have 365 days from the date such account is established to claim his/her returned payment. The Tribal Registrar shall publish a list of all qualified tribal members, whose per capita payments are being held in escrow, each month in the Tribal Newsletter. If the returned per capita payments are not claimed within the 365 day period, the amount held in such escrow account shall revert to the Tribe and shall be transferred to the Reservation Restoration Trust Fund.

5.07. Per capita payments will only be mailed to the last known address for Tribal members. Tribal members must make their own arrangements if he/she wish to have his/her per capita payment forwarded to or managed by a third person.

5.08. Notice of Any Tax or Benefit Consequences. It is the Tribe's belief and position that the receipt of per capita shares by Tribal members does not constitute taxable income and that the receipt of per capita benefits may not be considered as income or a resource for purposes of determining such member's eligibility for any public assistance program or benefits. The Tribe shall make every reasonable effort to verify this position and shall provide members with written notice of any tax or benefit consequences at the time per capita shares are distributed to members.

5.09. Death of Qualified Tribal Member After Effective Date.

(a) In the event that a qualified tribal member should die after the Effective Date and prior to the date his/her per capita payment is distributed, that individual's payment shall be distributed to his/her heirs at law. The Tribal Registrar may request a copy of the individual's death certificate or other proof of the date of death to verify the individual's eligibility for a per capita share.

 

(b) If such individual had a will at the time of his/her death, such individual's heirs and the share each such heir is entitled to, shall be determined under that will.

 

(c) If such individual did not have a will at the time of his/her death, the individual's per capita share shall be distributed in equal shares to any surviving children, or, in the absence of surviving children, shall be distributed to any surviving spouse, or, in the absence of any surviving children or surviving spouse, in equal shares to any surviving parents, or, in the absence of any surviving children, surviving spouse, or surviving parents, in equal shares to any surviving siblings, or, in the absence of any surviving children, surviving spouse, or surviving siblings, shall revert to the Tribe. In all cases, an individual's heirs shall be determined by a court of competent jurisdiction.

 

(d) The Tribe shall hold such individual's per capita share in an interest bearing escrow account pending final determination of such person's heirs at law and each heir's share of such person's per capita share.


Section 6. Procedures for Release of Funds Held in Trust for Minors.

6.01. The per capita shares for any qualified tribal member who is under the age of 18 years as of the Effective Date of the plan shall be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

6.02. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the minors' trust accounts will be established, if different, with an up-to-date list of the name(s), address(es), date of birth and social security number(s) for all minor qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for parents and/or legal guardians for each minor for whom a trust account is being established.

6.03. It is the obligation of the parent(s) and/or legal guardians for each minor for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the minors' trust accounts of any address changes for each minor.

6.04. Release of Funds Prior to the Time a Minor Reaches the Age of 18.
  1. The parent(s), legal guardian(s) or an emancipated minor may file a petition with the Tribal Court to request distributions from such minor's trust account prior to the time the minor reaches the age of 18.
  2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information: (i) name, address, date of birth and social security number of minor involved; (ii) the name; address, relationship, and social security number of person making request; (iii) the reason justifying the request for a disbursement from the trust account (proposed use of the funds); (iv) the amount of money requested; and (v) any instructions for making the disbursement (i.e. who the money will be paid to, if known).
  3. A minor's co-parent and the Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from a minor's trust account and may appear to object to any proposed disbursement. The Court shall also determine if a minor fifteen (15) years of age or older supports or objects to the proposed disbursement and the reason(s) for his/her support or objection.
  4. It is the Tribal Council's intention that the release of funds from a minor's trust account, except in the case of emancipated minors, not be made to cover the everyday living expenses of the minor, which are the responsibility of the parent(s) or guardian(s). Requests for disbursements should generally be made for extraordinary expenses only. Nevertheless, the Tribal Council recognizes that parents or guardians may, on occasion, be faced with extraordinary circumstances that justify the release of funds to cover what, under normal circumstances, would be considered everyday living expenses. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
  5. In all cases, the Tribal Court shall require the petitioning parent or legal guardian to provide an accounting and submit receipts for all expenditures made on behalf of the minor following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
  6. In all cases in which the release of any portion of a minor's trust account is authorized, any funds remaining in such minor's trust account shall be transferred to an interest-bearing money account.
6.05. Release of Funds to Minors Upon Reaching the Age of 18.
  1. The Tribal Registrar shall maintain a list of all minors reaching the age of 18 during each calendar month following the Effective Date.
  2. Upon reaching the age of 18, a qualified Tribal member, whose per capita share is held in a trust account, may request that the Tribal Registrar release the funds held in his/her trust account. All requests shall be in writing.
  3. Upon receiving a request for release of funds, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual. A list of all individuals requesting release of trust funds during any calendar month shall be maintained by the Tribal Registrar for approval at the next Tribal Council meeting.
  4. Following approval by the Tribal Council, the Tribal Council Recorder/Secretary shall prepare a request for disbursement of such minor's trust account, including the per capita share and all earnings, to be forwarded to the financial institution serving as Trustee of the minor's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

Section 7. Procedure for Release of Funds Held in Trust for Legally Incompetent Adult Qualified Tribal Members.

7.01. The per capita shares for any qualified tribal member who has been declared incompetent by a court of competent jurisdiction may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

7.02. Limitation on Authority to Establish Trust Account Under these Procedures. Only qualified tribal members, who have not been declared incompetent by a court of competent jurisdiction and whose legal guardians have provided the Tribal Registrar with an approved Letter of Authority evidencing his/her guardianship, will have their per capita shares placed in trust pursuant to this Section. A qualified Tribal member who has a third person managing his/her finances under any other legal arrangement, such as Social Security Payees, may arrange to have his/her per capita funds transferred to a managed account or managed by such third person; however, in the absence of a court-approved Letter of Authority designating a third person as legal guardian, individuals must make their own arrangements to have per capita funds managed by a third person and these individual's per capita share will be mailed directly to that him/her in accordance with Section 4 of these procedures.

7.03. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the incompetent qualified Tribal members' trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incompetent qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the legal guardians for each incompetent person for whom a trust account is being established.

7.04. It is the obligation of the legal guardians for each incompetent person for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the trust accounts of any address changes for each incompetent person.

7.05. Release of Funds for the Benefit of Incompetent Qualified Tribal Members.
  1. The legal guardian of an incompetent person may file a petition with the Tribal Court to request distributions from such person's trust account for the incompetent individual's health, welfare or economic security.
  2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information:
    1. name, address, date of birth and social security number of incompetent member involved; (ii) the name, address, relationship, and social security number of person making request;
    2. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
    3. the amount of money requested; and
    4. any instructions for making the disbursement (i.e. who the money will be paid to, if known).
  3. The Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from an incompetent individual's trust account and may appear to object to any proposed disbursement.
  4. The Tribal Court may, upon the request of the guardian, enter an order authorizing a regular monthly distribution to the guardian, or any other appropriate individual or entity, from the trust for the benefit of the beneficiary.
  5. In all cases, the Tribal Court shall require the petitioning legal guardian provide an accounting and submit receipts for all expenditures made on behalf of the incompetent person following any distributions from the trust.
  6. In all cases in which the release of any portion of an incompetent member's trust account is authorized, any funds remaining in such incompetent member's trust account shall be transferred to an interest-bearing money account.

 


Section 8. Procedure for Release of Funds Held in Trust for Incarcerated Qualified Tribal Members.

8.01. Purpose of Trust Accounts. The per capita shares for any incarcerated qualified tribal member may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts. The purpose of these trust accounts is to protect and preserve incarcerated member's per capita funds and ensure that these funds are available to assist the incarcerated member support his/her family during his/her incarceration and/or to assist the incarcerated member following his/her release from confinement.

8.02. Eligibility; Election to Utilize Trust Account.
  1. Only those incarcerated qualified Tribal members who request and complete a General Durable Power of Attorney Form, Attachment A to these Procedures, will be eligible to have his/her per capita share placed in a trust account.
  2. Execution of the General Durable Power of Attorney Form results in the designation of a person to serve as an incarcerated individual's "attorney-in-fact", which authorizes that person to manage the incarcerated person's affairs, including his/her per capita funds. Incarcerated persons and their family members are advised to read the Power of Attorney Form and, if necessary, to consult with independent legal counsel concerning this Form.
  3. An incarcerated individual may designate any competent, adult person, including the Tribal Prosecutor, to serve as his/her attorney-in-fact.
  4. All incarcerated qualified members, who have notified the Tribal Registrar of his/her incarceration, or whose incarceration is known to the Tribal Registrar, shall be mailed a General Durable Power of Attorney, together with a copy of these Procedures.

 

8.03. Termination of Power of Attorney.
  1. The Power of Attorney Form provides that the designation of an attorney-in-fact continues until the incarcerated individual is released from confinement and provides a notice of termination, which is provided to the Tribal Registrar.
  2. An incarcerated individual may, during the term of his/her incarceration, may terminate a Durable Power of Attorney by providing written notice revoking the Power of Attorney, which is filed with the Tribal Registrar and the Tribal Court. The notice of revocation shall include the incarcerated individual's name, social security number, place of incarceration, and the name of the attorney-in-fact.

 

8.04. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the individual trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incarcerated qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the attorneys-in-fact designated by each incarcerated member for whom a trust account is being established.

8.05. It is the obligation of the incarcerated individual and his/her attorney-in-fact to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the incarcerated person's trust accounts of any address changes for each person.

8.06. Release of Funds Prior to the Time an Incarcerated Member is Released from Confinement.
  1. The attorney-in-fact may file a petition with the Tribal Court to request distributions from an incarcerated qualified member's trust account prior to the time he/she is released from confinement.
  2. The petition may be filed by the attorney-in-fact be in any form, but should contain, at a minimum, the following information:
    1. name, address, projected release date and social security number of the incarcerated member involved;
    2. the name, address, relationship, and social security number of person making request;
    3. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
    4. the amount of money requested; and
    5. any instructions for making the disbursement (i.e. who the money will be paid to, if known). In most cases, written confirmation of the incarcerated individual's support should be attached to the petition.
  3. In accordance with Section 3.07 of the "80/20 Plan", requests for the release of funds from an incarcerated member's trust account should only be authorized to cover extraordinary expenses necessary for the incarcerated person's health, welfare or economic security. Expenses may also be authorized for the support, maintenance or education of the incarcerated individual's family. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
  4. The Tribal Court may, upon the request of the attorney-in-fact, enter an order authorizing a regular monthly distribution to beneficiary, or any other appropriate individual or entity, from the trust.
  5. In all cases, the Tribal Court shall require the petitioning attorney-in-fact to provide an accounting and submit receipts for all expenditures made on behalf of the incarcerated individual following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
  6. In all cases in which the release of any portion of an incarcerated member's trust account is authorized, any funds remaining in such incarcerated member's trust account shall be transferred to an interest-bearing money account.

 

8.07. Release of Funds to Incarcerated Individual Upon Release from Confinement or Termination of Power
of Attorney.
  1. Upon being released from confinement, an incarcerated individual, whose per capita share is held in a trust account, may file a notice of termination of the Power of Attorney with the Tribal Registrar. The notice of termination must made be in writing or in person.
  2. Upon receiving a request for termination of the Power of Attorney, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual.
  3. Upon receiving a verified notice terminating a Power of Attorney under this Section or under Section 8.03, the Tribal Registrar shall prepare a Notice of Termination and Request for Disbursement to be forwarded to the financial institution serving as Trustee of the incarcerated individual's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

Section 9. Involuntary Transfers Prohibited.

9.01. Neither trust income nor principal nor any beneficiary's interest therein shall be subject to alienation, assignment, encumbrance or anticipation by the beneficiary; to garnishment, attachment, execution or bankruptcy proceedings; to claims for spousal maintenance, child support or an equitable division of property incident to the dissolution of marriage; to any other claims of any creditor or other person against the beneficiary; or to any other transfer, voluntary or involuntary, by or from any beneficiary.


Section 10. Severability.

10.01. If any section, or any part of any section, of this Ordinance or the application of this Ordinance to any party, person or entity or in any circumstances shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of the section or part of this Ordinance shall not be affected thereby and shall remain in full force and effect as though no section or part has been declared to be invalid.


Section 11. No Waiver of Sovereign Immunity.

11.01. Nothing in this Ordinance shall provide or be interpreted to provide a waiver of the sovereign immunity from suit for damages of the Little River Band of Ottawa or any of its governmental officers and/or agents.

Judgement Fund Procedures Ordinance
Ordinance # 98-200-04
Adopted - November 8,1998
Updated: June 6, 2001(10:36am)

Back to Table of Contents

 

Chapter 300 - Judiciary

TRIBAL COURT ORDINANCE

Ordinance # 97-300-01


Section 1. Purpose.

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution and particularly by Article VII of the Constitution of the Little River Band of Ottawa Indians, and in furtherance of the Tribal Council's authority to provide for the health, safety, morals, and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby establishes the Tribal Judiciary, and enacts this ordinance which shall establish the purposes, powers, and duties of the Tribal Courts.

This Ordinance is adopted under the provisions of the Constitution of the Little River Band of Ottawa Indians, which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.


Section 2. Composition of the Tribal Court System.

2.01. Tribal Court. The Tribal Court shall be a court of general jurisdiction and shall consist of one (1) chief judge and one (1) associate judge who shall meet as often as circumstances require. The Tribal Council may also establish such lower courts or tribunals of limited jurisdiction as the Tribal Council deems necessary from time to time. Except as provided by any Tribal Ordinance establishing lower courts and tribunals, the Tribal Court shall have general superintending control over all such lower courts and tribunals.

2.02. Court of Appeals. The Tribal Court of Appeals shall consist of three (3) judges. At least one (1) of the three (3) judges shall be an Elder (age 55 years or older) in the Tribe, and at least one (1) of the three (3) judges shall be an attorney licensed to practice before the courts of a state in the United States.


Section 3. Organization and Operation of the Tribal Court System.

3.01. Duties and Powers of the Chief Judge. The person appointed by the Tribal Council to serve as Chief Judge of the Tribal Court shall serve as the presiding officer of the Tribal Court. In that capacity, the Chief Judge shall:

  1. Initiate policies concerning the Tribal Court's internal operations and external matters affecting the Tribal Court's position;
  2. Meet regularly with the Associate Judge and all Judges of lower courts and tribunals;
  3. Counsel and assist the Associate Judge in the performance of his/her duties;
  4. Supervise caseload management and monitor the disposition of judicial work of the Tribal Court and Tribal Court personnel;
  5. Represent the Tribal Judiciary in its relations with other courts, other agencies, the Tribal Council,
    the bar, the general public and in ceremonial functions; and
  6. Perform any act or duty or enter any order necessarily incidental to carrying out the purposes of this section.

3.02. Judicial Conferences. At least once a year and at such other times as the Chief Judge finds necessary, the Judges of the Tribal Courts, including the Court of Appeals, shall meet to consider proposals to adopt or amend the rules of the court, improve the administration of justice, including the operations of the court, and to review court finances, including preparation of budget proposals and financial reporting.


Section 4. Jurisdiction of Tribal Court.

4.01. Original Jurisdiction. The Tribal Court shall have original jurisdiction to hear and determine all civil and criminal claims and remedies arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party, except where original jurisdiction or exclusive is given by Ordinance to some other court or tribunal or where the Tribal Courts are denied jurisdiction by the Constitution.

4.02. Appellate Jurisdiction. The Tribal Court shall have appellate jurisdiction to hear appeals from decisions of administrative tribunals, tribal agencies, commissions or other subordinate organizations except where the Tribal Court is denied such appellate jurisdiction by the Constitution or Ordinances of the Tribe.

4.03. Effectuation of Jurisdiction. The Tribal Court shall have jurisdiction and power to make any order proper to fully effectuate the Tribal Court's jurisdiction and judgments.


Section 5. Powers of the Tribal Courts.

5.01. The judicial powers of the Little River Band of Ottawa Indians shall extend to all cases and matters in law and equity arising under the Tribal Constitution, the laws and ordinances of or applicable to the Little River Band of Ottawa Indians including but not limited to:

  1. To adjudicate all civil and criminal matters arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party;
  2. To review ordinances and resolutions of the Tribal Council or General Membership to insure they are consistent with the Tribal Constitution and to invalidate those ordinances and resolutions which are determined to be inconsistent with the Tribal Constitution;
  3. Hear disputes based on ordinances and laws of the Tribe for purpose of determining innocence or guilt where trial by jury has been waived;
  4. Assign fines and penalties as allowed for violations of Tribal law in accordance with Tribal and Federal Law;
  5. Grant search warrants to enforcement officers when just cause is shown;
  6. Grant warrants, writs, injunctions and orders not inconsistent with the Tribal Constitution;
  7. Establish, by general rules, the practice and procedures for all courts of the Little River Band of Ottawa Indians;
  8. To prepare and present to the Tribal Chairperson and Tribal Council a budget requesting an appropriation of funds to permit the Tribal Courts to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances creating lower courts of limited jurisdiction.

Section 6. Jurisdiction of Court of Appeals.

6.01. Appeals as of Right. The Court of Appeals has jurisdiction over all orders and judgments which are appealable as a matter of right. Except where appellate jurisdiction is given by Ordinance to some other court or tribunal or where the Court of Appeals is denied appellate jurisdiction by the Constitution or Ordinances of the Tribe, all appeals to the Court of Appeals from final judgments or decisions of the Tribal Court by this Ordinance shall be a matter of right.

6.02. Appeals by Leave. Where appellate jurisdiction is given by Ordinance to the Tribal Court or any other lower court or tribunal, the Court of Appeals may review by appeal a case after decision on appeal by the Tribal Court or other lower court. All appeals to the Court of Appeals from appellate decisions of Tribal Court or other lower court or tribunal shall be reviewable only upon application for leave to appeal granted by the Court of Appeals.


Section 7. Action by the Tribal Courts; Record of Proceedings.

7.01. Decisions and Orders. Decisions or Orders of the Tribal Courts shall be in writing, with a concise statement of the facts and reasons for the decisions; and shall be signed by the Judge issuing the opinion. Decisions or Orders of the Court of Appeals shall be signed by all participating Judges. Any Judge dissenting from a decision shall give the reasons for the dissent in writing which is signed by such Judge. All Orders, decisions and dissents issued by the Tribal Courts shall be filed in office of the Tribal Court Clerk, and a record of all decisions and dissents shall be maintained by the Court Clerk.

7.02. Form of Writs and Process. All writs and process issuing from the Tribal Courts shall be styled: "In the Name of the Little River Band of Ottawa Indians,". The seal of the Tribal Court affixed to, or impressed upon, any writ or process in any action in any proceeding or action shall be conclusive evidence that the writ or process was issued by the Tribal Court in all cases where such writ or process may be lawfully issued.

7.03. Record of All Proceedings Required. The Tribal Courts shall be courts of record and a record of all official proceedings in the Tribal Courts shall be made and maintained by and filed in the Office of the Tribal Court Clerk.


Section 8. Substantive Law.

8.01. In all cases the Courts of the Little River Band of Ottawa shall apply the laws, regulations, or policies of the Little River Band of Ottawa, or any applicable laws or regulations of the United States.

8.02. Any matters not covered by the laws or regulations of the Little River Band of Ottawa, or by applicable federal laws or regulations, may be decided by the Courts according to the laws of the State of Michigan.


Section 9. Procedure in the Tribal Courts.

9.01. Procedural Rules Applied. The procedure to be followed in civil and criminal cases filed in the Tribal Courts shall be the Michigan Rules of Criminal Procedure and Michigan Rules of Civil Procedure, except insofar as such procedures are superseded by Rules of Procedure enacted by the Tribal Courts.

9.02. The Tribal Courts' authority to promulgate and amend general rules governing practice and procedure in the Tribal Courts shall include, but not be limited to, the authority to:

  1. Prescribe the forms of all process to be issued by the Courts,
  2. Prescribe the practices and procedures in the Tribal Courts concerning:
    1. Methods of review,
    2. Special verdicts,
    3. Granting of new trials,
    4. Taxation of costs,
    5. Notice of special motions and other proceedings,
    6. The staying of proceedings,
    7. Hearing of motions,
    8. Discovery procedures, and
    9. Rules of Evidence.

Section 10. Rules of Evidence.

10.01. The Tribal Courts shall be bound by the Michigan Rules of Evidence, except insofar as such rules are superseded by Rules of Evidence enacted by the Tribal Court.


Section 11. Judicial Independence.

11.01. The Tribal Courts shall be independent from the legislative and executive functions of the tribal government and no person exercising powers of the legislative or executive functions of government shall exercise powers properly belonging to the judicial branch of government; provided that the Tribal Council shall be empowered to function as the Tribal Court of the Little River Band until the judges prescribed by this Ordinance have been appointed. Rulings of the Tribal Courts cannot be appealed to the Tribal Council or to any other jurisdiction unless such appeal is specifically provided for or permitted by Federal law.


Section 12. Appointment and Compensation.

12.01. Manner of Appointment. Judges of the Tribal Courts, including the Court of Appeals, shall be appointed by the affirmative vote of five (5) of the seven (7) members of the Tribal Council.

12.02. Compensation. The Tribal Council shall have the power to establish the level of compensation for each Judge; provided that the compensation due to each individual Judge shall not be diminished during the term of his/her appointment.

12.03. Swearing in Judges. Tribal Judges shall be sworn in by the Chairperson of the Tribal Council.


Section 13. Qualifications for Appointment.

13.01. In addition to the qualifications described in Section 2, an individual must meet the following additional qualifications in order to be eligible for appointment as a Judge of any Tribal Court:

1. Member of the Tribe. Any member of the Tribe who is twenty-five (25) years of age or older, who is not a member of the Tribal Council or running for a seat on the Tribal Council, and has not been convicted of a felony under Federal, Tribal, or State law or any other crime involving dishonesty or moral turpitude, unless such conviction stems from the performance of a legal duty to the Tribe, may serve as a Tribal Judge.

2. Non-Member Qualifications. A non-member of the Tribe may be appointed to serve as a Tribal judge if such individual possesses a Law degree and has practiced in Federal Indian law or as a Tribal Judge.

3. Licensed Attorneys in Certain Cases. In connection with the establishment of a lower court or division of the Tribal Court system, the Tribal Council may provide by ordinance that an individual serving as Tribal Judge in that court or division must, in addition to meeting the qualifications required under subsection (a) or (b) of this Section 12, be an attorney licensed to practice in the courts of a state of the United States.


Section 14. Term of Office.

14.01. Except as provided for in Section 15 of this Ordinance, the term of office for all Tribal Judges shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

14.02. Tribal Judges will continue in office until a successor is sworn in by the Tribal Chairperson.

14.03. There shall be no prohibition against continuous service.


Section 15. Resignation or Removal.

15.01. Resignation. A Tribal Judge may resign his/her office at any time. Resignation is immediate upon a Judge submitting written notice to the Tribal Council of his/her resignation.

15.02. Reasons for Removal of Tribal Judge. A Tribal Judge may only be removed by a vote of five (5) of the seven (7) Council Members following a recommendation of removal by a majority of the remaining Tribal Judges for the following reasons:

  1. Unethical conduct, as defined by the Michigan Indian Judicial Association Model Code of Tribal Judicial Conduct;
  2. Gross misconduct or malfeasance in office that is clearly prejudicial to the administration of justice;
  3. Ineligibility, under Section 13.01 of this Ordinance to serve as a member of the Tribal Court;
  4. Inability to fulfill the duties of the office due to mental or physical disability, to the extent that they are incapable of exercising judgment about or attending to the business of the Tribe. Such determination shall be based upon or supported by competent medical evidence or opinion.

 

15.03. Procedure for Removal of Tribal Judge. If a member of the Tribal Judiciary obtains information which indicates that grounds exist for removal of another Judge, the member shall provide written notice of the charge and specify the facts supporting such charge to all Tribal Judges, including the accused. The Judge so charged shall be notified in advance and provided an opportunity to answer the charges at a public hearing of all members of the Tribal Court held for that purpose. Such hearing shall be noticed at least ten (10) days prior to the hearing at which the Judge's referral for removal is to be considered. If a majority of the remaining Judges of the Tribal Court vote to refer the Judge to the Tribal Council for removal, the grounds for removal shall be set forth with specificity and the Tribal Judge shall be suspended from office until the Tribal Council acts on the referral at a public meeting of the Tribal Council held to consider that referral. At least ten (10) days before the meeting of the Tribal Council at which the vote for removal will be taken, the affected Judge shall be provided with a written notice of that meeting, which notice shall specify the nature of the charges being considered and the facts allegedly supporting such charges. Before any vote for removal is taken, the affected Judge shall be provided with a reasonable opportunity to answer the charges at the Tribal Council meeting. If the Tribal Council, by affirmative vote of five (5) of the seven (7) Council members, finds that grounds for removal as stated by the Tribal Court exist, the Tribal Council shall remove the Judge from office. If the Tribal Council find that the grounds for removal do not exist, the suspended Judge shall be fully reinstated to the Tribal Court.


Section 16. Vacancy.

16.01. A vacancy in any Judge position resulting from a Judge's death, resignation or removal shall be filled in the same manner as the original appointment. The term of office for any Tribal Judge appointed under this Section shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

Tribal Court Ordinance
Ordinance # 97-300-01
Adopted - August 4,1997 Updated: June 6, 2001(10:36am)

 

ARBITRATION CODE
Ordinance # 01-300-02
Section 1. Purpose.

1.01. Purpose; Policy. The Tribal Council of the Little River Band of Ottawa Indians creates this Ordinance for the purposes of creating a process whereby parties to written contracts and other written agreements may agree to resolve disputes arising under their contracts and agreements, without requiring court proceedings and have those decisions of arbitrators recognized and enforceable in Tribal Court.

1.02. Findings. The Tribal Council of the Little River Band of Ottawa Indians finds that:
  1. the Constitution of the Little River Band of Ottawa Indians delegates to the Tribal Council the responsibility to "...exercise the inherent powers of the Little River Band by establishing laws through the enactment of ordinances and adoption of resolutions not inconsistent with this Constitution:
    1. to govern the conduct of members of the Little River Band and other persons within its jurisdiction;
    2. to promote, protect and provide for public health, peace, morals, education and general welfare of the Little River Band and its members[.]" Article IV, Section 7(a).
  2. the Tribal Council has the responsibility to set forth processes to protect the contractual agreements made between parties subject to the Tribe's jurisdiction when the parties agree to the processes of arbitration.
  3. it is an important aspect of recognition of arbitration awards that those awards be made and enforced in substantial compliance with the rules set forth herein.

Section 2. Adoption, Amendment, Repeal

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution #01 -0404-07 and as amended by Resolution # 01-0425-09.

2.02. Amendment. This Ordinance may be amended from time to time as set forth in the Constitution or in procedures adopted by the Tribal Council.

2.03. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected.


Section 3. Definitions.

3.01. Application; Interpretation of Defined Terms. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3 .02. "Contract" means any written agreement, instrument, or document evidencing the intent of the parties. Contract may also include any written agreement, instrument, or document that is separate from the contract, but states within the separate written agreement, instrument, or document an intent that it is intended to be a part of the original contract.

3.03. "Claim" means any disagreement, dispute, controversy or other conflict arising out of or relating to a contract entered into between two parties, and may, if agreed to between the parties in writing, refer to specific disagreements, dispute, controversy or other conflict arising between the parties, but not out of or relating to the contract.

3.04. "Little River Band of Ottawa Indians" hereinafter referred to as the Tribe.

3.05. "Arbitrable claim" means a claim that is subject to a written agreement to arbitrate that is enforceable under section 4.02.


Section 4. Scope of Ordinance

4.01. General. This Ordinance applies to any contract entered into by the Tribe, or parties subject to the jurisdiction of the Tribe, in which the parties thereto agree in writing to settle claims by arbitration. And, with the agreement of the parties, the parties may include any other claim existing between them at the time of the agreement in the arbitration process.

4.02. Agreements to Arbitrate are Enforceable. An agreement in any contract, or in a separate writing executed by the parties to any contract, to settle by arbitration any claim thereafter arising out of such contract, or any other transaction contemplated thereunder, including the failure or refusal to perform the whole or any part thereof, or an agreement between two or more persons to submit to arbitration any specific claim existing between them at the time of the agreement, shall be valid, irrevocable and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract.

4.03. Application to Tribe. Notwithstanding anything in section 4.01 to the contrary -
  1. Consent to Jurisdiction. Any contract entered into by the Tribe in which the Tribe agrees to submit any particular type or claim or any claims arising under that contract to arbitration must be approved by adoption of a resolution of the Tribal Council specifically waiving the sovereign immunity of the Tribe to
    1. arbitrate such claim,
    2. have the agreement to arbitrate judicially enforced, and
    3. have any award entered in such arbitration judicially enforced.
  2. Attorney Fees; Expenses.
    1. Any costs related to arbitration processes shall be allocated equally between all parties to the arbitration, and in no cases may the arbitrator or the Tribal Court allocate any attorney or legal fees of any party to the Tribe, except those incurred by the Tribe, provided that, fees and expenses related to filing arbitration awards, enforcing arbitration awards, or proceedings to order the Tribe to participate in arbitration may be allocated by the Tribal Court.
    2. The Tribal Council may, by resolution agree to the allocation of costs and fees related to arbitration by adoption of a resolution that identifies such agreement; provided that, the amount of costs and fees sought shall be identified by an itemized statement from any attorney, agent, or expert witness who represented the party showing the rate at which the costs and fees were computed.
  3. Filing. Prior to commencing any arbitration to which the Tribe is a party, the parties commencing arbitration must file a written statement notifying the Tribal Court of the commencement of arbitration, provided that, where the Tribe has waived the jurisdiction of the Tribal Court pursuant to section 10.02, such filing shall not be required. The Tribal Court shall notify the parties within 14 days of receipt of notice of commencing arbitration under this section whether the Tribal Court has jurisdiction in regards to the matter.

 

4.04. Representation by Attorney. A party has the right to be represented by an attorney at any proceeding or hearing under this Ordinance. A waiver thereof, regardless of whether it is writing or otherwise, prior to the proceeding or hearing is ineffective.


Section 5. Law to be Applied

5.01. Choice of Law. In any contract the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract or claim so long as the subject matter of the contract or claim, or at least one of the parties thereto, shall have some contact with, or relation to, the jurisdiction so selected. Such choice of law provisions shall be valid and enforceable, and not subject to revocation by one party without the consent of the other party or parties thereto.

5.02. Procedural Rules. In any proceeding under this Ordinance, whenever a contract between the parties sets forth a choice-of-law provision, the Tribal Court shall apply the procedural rules of the Tribal Court and the substantive law of the jurisdiction selected in such choice-of-law provision; provided that no procedural rule of the Tribal Court shall bar, delay or impair any action, proceeding or remedy where such action, proceeding or remedy would not be barred, delayed or impaired by the procedural rules of the courts of the jurisdiction whose substantive law applies.

5.03. No Choice-of-Law Provision Identified. In any proceeding under this Ordinance, whenever a contract between the parties does not set forth a choice-of-law provision, the Tribal Court shall first apply the substantive law of the Tribe, and then, if no such law exists, the substantive law of the United States and the State of Michigan, including any applicable choice-of-law principles, provided that such law does not conflict with this Ordinance or other applicable Tribal law.


Section 6. Stay of Proceedings; Order to Proceed with Arbitration

6.01. Stay of Proceedings. If any action for legal or equitable relief or other proceeding is brought on an arbitrable claim, the Tribal Court Judge who is presiding over the pending action or proceeding shall not review the merits of the pending action or proceeding but shall stay the action or proceeding until an arbitration has been had in compliance with the contract, provided that if the contract between the parties provides a first preference for a jurisdiction other than the Tribal Court to enforce an arbitration award, the Tribal Court shall dismiss the action and order the parties to proceed in accordance with the provisions of the contract.

6.02. Order to Proceed. A party to any contract claiming the neglect or the refusal of another party thereto to proceed with an arbitration thereunder may make application to the Tribal Court for an order directing the parties to proceed with the arbitration in compliance with the contract. In such event, the Tribal Court shall order the parties to arbitration in accordance with the provisions of the contract and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).

6.03. Advice of the Tribal Court. At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrator(s) may make application to the Tribal Court for advice on any question of tribal or state law arising in the course of the arbitration, provided that, all parties agree in writing that the advice of the Tribal Court shall be final as to the question presented and that it shall bind the arbitrator(s) in rendering any award.

6.04. Merit of Issue. The Tribal Court shall not refuse to enter an order for arbitration on the ground that the claim in issue lacks merit, or because any fault or grounds for the claim sought cannot be shown.

6.05. Appointment of Arbitrators by the Tribal Court. If the contract in which the parties agreed to arbitrate provides a method for appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his or her successor has not been duly appointed, the Tribal Court on application of a party shall appoint one or more arbitrators. An arbitrator appointed by the Tribal Court shall meet the qualifications set forth in any agreement, or, where no qualifications are set forth, shall be an attorney admitted to practice, who is in good standing with the highest court for any jurisdiction, and who has substantial litigation experience or experience with the general subject matter of the contract. An arbitrator so appointed shall have all the powers of one specifically named in the agreement.


Section 7. Time Within Which Award Shall Be Rendered

7.01. Time Not Fixed by Contract. If the time within which an award is rendered has not been fixed in the contract in which the parties agreed to arbitrate, the arbitrator(s) shall render the award within thirty days from the date the arbitration has been completed. The parties may expressly agree to extend the time in which the award may be made by an extension or ratification thereof in writing.

7.02. Form of Arbitration Award. An arbitration award shall be in writing and signed by the arbitrator(s). The arbitrator(s) shall provide written notice of the award to each party by certified or registered mail, return receipt requested. Each arbitration award shall contain findings of fact and conclusions of law, including a statement of the basis for any award of monetary damages, attorney fees, or costs as may be authorized in the contract or allowed by section 4.03.

7.03. Requirement of Content of Arbitration Award. The Tribal Court may order an arbitration award submitted for entry of judgment returned to the arbitrator(s) to conform to the requirements of section 7.02.


Section 8. Application for Order Confirming Award; Record to Be Filed with Clerk of Court; Effect and Enforcement of Judgement.

8.01. Application for Order Confirming Award. At any time within one year after an arbitration award has been rendered and the parties thereto notified thereof, any party to the arbitration may make application to the Tribal Court for an order confirming the award.

8.02. Effect and Enforcement of Judgement. Upon application of a party to the arbitration, the Tribal Court shall confirm an award, unless another party has within the time limits imposed in section 8.03 or 8.04, applied to have the arbitration award vacated, modified or corrected. The judgment confirming an award shall be docketed as if it were rendered in a civil action. The judgment so entered shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a judgment in a civil action, and it may be enforced as if it has been rendered in a civil action in the Tribal Court. When the award requires the performance of any other act than payment of money, the Tribal Court may direct the enforcement thereon in the manner provided by law.

8.03. Vacating an Award.

  1. Upon application of a party the Tribal Court shall vacate an award if the Tribal Court finds that:
    1. The award was procured by corruption, fraud or other undue or illegal means.
    2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party.
    3. The arbitrators in the course of their jurisdiction exceeded their powers or so imperfectly executed them that a mutual, final and definite award was not made, and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.
    4. The arbitrators in the course of their jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing as to prejudice substantially the rights of a party.
    5. There was no agreement or provision for arbitration subject to this law, unless the matter was determined in a proceeding under section 6.02 and the party participated in the arbitration hearing without raising the objection.
  2. The fact that the relief awarded by the arbitrator(s)was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
  3. An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue or illegal means, it shall be made within ninety days after such grounds are known or should have been known.
  4. In vacating the award on grounds other than those stated in subsection (a)(5), the Tribal Court may order a rehearing by new arbitrators, chosen as provided in the agreement or provision for arbitration or by the Tribal Court in accordance with section 6.05, or, if the award is vacated on grounds set forth in subsection (a)(3) and (4), the Tribal Court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 6.05. The time within which the agreement or provision for arbitration requires the award to be made is applicable to the rehearing and commences from the date of the order therefor.
  5. If the application to vacate is denied and no motion to modify or correct the award is pending, the Tribal Court shall confirm the award.

 

8.04. Modification or Correction of Award.
  1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the Tribal Court shall modify or correct the award if the Tribal Court finds that:
    1. There is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award.
    2. The arbitrators have made an award upon a matter not submitted to arbitration and the award may be corrected without affecting the merits of the decision upon the issues submitted.
    3. The award is imperfect as a matter of form, not affecting the merits of the controversy.
  2. If the application is granted, the Tribal Court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the Tribal Court shall confirm the award as made.
  3. An application to modify or correct an award maybe joined in the alternative with an application to vacate the award.

 

8.05. Record to Be Filed with Clerk of Court. Any party applying for an order confirming, vacating, modifying or correcting an arbitration award shall, at the time the arbitration award or application for order is filed with the Clerk of the Tribal Court for entry of judgment thereon, also file the following papers with the Clerk of the Tribal Court:

  1. the agreement to arbitrate;
  2. the selection or appointment, if any, of the arbitrator(s);
  3. any written agreement requiring the reference of any question as provided in section 6.03;
  4. each written extension of the time, if any, within which to make the award;
  5. the award;
  6. evidence that any party to the arbitration proceedings shall have received notice of the filing of such application; and
  7. a copy of each order of the Tribal Court upon such an application.

Section 9. Arbitration Award Not Appealable.

9.01. Appeal. No further appeal may be taken from an order issued by the Tribal Court pursuant to this Ordinance enforcing an agreement to arbitration or an award issued by an arbitrator.


Section 10. Jurisdiction of the Tribal Court

10.01. Jurisdiction. The jurisdiction of the Tribal Court under this Ordinance shall be concurrent with the
jurisdiction of any other court to which the Council shall have explicitly consented in such contract. Any consent to the jurisdiction of a state or federal court contained in a contract described in section 4.02 to which the Tribe is a party and any term of such contract providing for priority among venues shall be valid and enforceable in accordance with its terms.

10.02. Tribe As a Party. By resolution, the Tribal Council may agree to waive Tribal Court jurisdiction or to give priority to some other venue in circumstances where it is in the interest of the public health, peace, morals, education, and general welfare of the Tribe and its members to do so. Such resolution shall specifically state that the Tribal Council is waiving Tribal Court jurisdiction or is giving priority to some other venue, and, if applicable, is waiving the notice requirement of section 4.03(c) and the requirement of exhaustion of Tribal remedies; provided that, in any case where the Tribal Council is giving priority to some other venue, the Tribal Court shall in all circumstances be identified as the venue that comes after the first priority of venues.

10.03. Commercial Court Division. Under Article VI, Section 1, of the Constitution, the Tribal Council does hereby create a Commercial Court of the Little River Band of Ottawa Indians Tribal Court system for the purposes of hearing matters arising under this Arbitration Code, the Tribal Uniform Commercial Code and other ordinances as may from time to time authorize jurisdiction of the Tribal Commercial Court. The Tribal Commercial Court shall apply the provisions of Tribal ordinances and any other procedural codes or rules, ordinances, resolutions or other enactments adopted by the Tribe. When appropriate, the Tribal Commercial Court shall rely on previous opinions issued by the Tribal Court, the Tribal Commercial Court, or the Tribal Court of Appeals in interpreting the Tribal ordinances or any other Tribal resolution, ordinance or enactment.

  1. Proceedings. In proceedings before the Tribal Commercial Court, the Tribal Commercial Court shall -
    1. First, adhere to the requirements of this section 10.03,
    2. Second, apply the provisions of this ordinance and the Tribal Uniform Commercial Code.
    3. Third, unless otherwise agreed by the parties under Section 5, apply the substantive statutory, regulatory and common law of the United States and the State of Michigan, but only to the extent that such substantive statutory, regulatory and common law does not conflict with the Tribal ordinances or any duly enacted ordinances, resolutions or other enactments of the Tribe or federal law.
  2. Jurisdiction. Original jurisdiction in all civil proceedings where the matter in controversy exceeds the sum of $10,000, exclusive of interest and costs, is hereby referred to the Tribal Commercial Court. The Chief Judge of the Tribal Court may also refer jurisdiction over other civil actions to the Tribal Commercial Court on a discretionary basis, or where directed by ordinance of the Tribe.
  3. Qualifications for Judges of the Tribal Commercial Court. A judge of the Tribal Commercial Court may be any person, Indian or non-Indian, whether a resident or nonresident of the Reservation, provided that such person:
    1. meets the requirements of the Constitution applicable to judges of the Tribal Court generally;
      and
    2. is duly licensed to practice law in the courts of any state at all times while presiding as a Judge of he the Tribal Commercial Court. Provided that, the Tribal Court, may assign any Tribal Court Judge currently meeting the qualifications set forth above, or may retain the services on a temporary basis, or any judge from any other Tribe meeting the above qualifications, until such time as permanent judges may be appointed by the Tribal Ogema and approved by the Tribal Council.

Arbitration Code
Ordinance # 01-300-02
Adopted - April 4, 2001
Amended - April 25, 2001
Updated: June 6, 2001(10:36am)

Back to Table of Contents

 

Chapter 400 - Law and Order

GAMING ORDINANCE
Ordinance # 97-400-01

Purpose.

The Little River Band of Ottawa Indians (hereinafter "Tribe"), acting through its Tribal Council in the exercise of its inherent sovereign power to enact ordinances, regulate the economic enterprises of the Tribe, and otherwise safeguard and provide for the health, safety, and welfare of the members of the Tribe, hereby ordains and establishes this Ordinance for the purpose of authorizing and comprehensively and preemptively regulating the terms and conditions under which Class II and Class III gaming may be conducted on the lands of the Tribe.


Section 1. Terms Defined.

In this Ordinance, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following meanings.

1.01. Bingo. "Bingo" shall mean Bingo as defined in IGRA and regulations promulgated thereunder.

1.02. Casino. "Casino" shall mean any Class II and/or Class III Gaming Facility owned by the Tribe.

1.03. Cheating. "Cheating" shall mean operating or playing in any game in a manner which violates of the written or commonly understood rules of the game, with the intent to create for the player or someone in privity with the player an advantage over and above the chance of the game.

1.04. Class II Gaming. "Class II Gaming" shall mean Class II Gaming as defined in IGRA.

1.05. Class III Gaming. "Class III Gaming" shall mean Class III Gaming as defined in IGRA and the Compact.

1.06. Compact. "Compact" shall mean either:

  1. A gaming compact between the Tribe and the State of Michigan, entered into pursuant to Section 11(d)(3) of IGRA, and approved by the Secretary of the Interior including all renewals, amendments, appendices, exhibits and other attachments thereto, or
  2. Procedures promulgated by the Secretary of the Interior pursuant to Section 11(d)(7)(B)(vii) of IGRA, governing the conduct of Class III gaming by the Tribe.
1.07. Gaming Service Contractor. "Gaming Service Contractor" means any person, firm or corporation, other than a primary management official or key employee, who has a contract or agreement with the Gaming Operation that results in the purchase or lease of supplies, equipment, services or concessions in excess of $25,000.00 annually, except contracts for professional, legal and accounting services.

1.08. Enterprise. "Enterprise" shall mean any commercial enterprise of the Tribe authorized to engage in Gaming, and all ancillary commercial activities within the Gaming Facility(ies) and other improvements constructed for the conduct of Gaming.

1.09. Equipment. "Equipment" means all furnishings, fixtures, machinery, equipment, Gaming Devices and other personal property acquired for use in connection with a Gaming Enterprise.

1.10. Gaming. "Gaming" means Class II and Class III gaming authorized by this Ordinance and the Compact.

1.11. Gaming Devices "Gaming Devices" shall mean Electronic Games of Chance as defined in the Compact and as defined in IGRA.

1.12. Gaming Employee. "Gaming Employee" shall mean any person employed in the operation or management of a Gaming Enterprise, whether employed by or contracted to the Tribe, or by any person or entity providing on or off site services to the Tribe within or without any Gaming Facility, including without limitation, managers, assistant managers, accounting personnel, surveillance personnel, security personnel, cashiers, supervisors, shift bosses, machine mechanics, gaming consultants, management companies and their principals, and any other natural person whose employment duties require or authorize access to restricted areas of any Gaming Facility not otherwise open to the public.

1.13. Gaming Facility. "Gaming Facility" shall mean the building, buildings, or structure wherein Gaming is permitted, performed, conducted, or operated, and associated and adjacent real property owned by the Tribe.

1.14. Gaming Service. "Gaming Service" shall mean any goods, services or concessions provided by contract to the Tribe or to a Manager in connection with the operation of Gaming in an amount in excess of $25,000.00 in any calendar year, except for professional, legal or accounting services. No contract may be broken up into parts for the purpose of avoiding this definition or any requirement of licensure or certification required by this ordinance.

1.15. Immediate family. "Immediate family" means with respect to the person under consideration, a husband,
wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, or half sister or other persons residing in the same household.

1.16. Key employee. "Key Employee" shall mean:

  1. A person who performs one or more of the following functions:
    1. Bingo caller;
    2. Counting room supervisor;
    3. Chief of security;
    4. Custodian of gaming supplies or cash;
    5. Floor manager;
    6. Pit boss;
    7. Dealer;
    8. Croupier;
    9. Approver of credit; or
    10. Custodian of gambling devices including persons with access to cash and accounting records within such devices.
  2. Any other Gaming Employee as the Tribal Commission may include in the future by rule or regulation;
  3. If not otherwise included, any other person whose total cash compensation is in excess of
    $50,000 per year; or
  4. If not otherwise included, the four most highly compensated persons in the gaming operation.

1.17. IGRA. "IGRA" shall mean the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq, as amended from time to time.

1.18. License. "License" shall mean any official and revocable authorization granted for a limited period of time by the Tribal Gaming Commission pursuant to this Ordinance to an applicant to conduct or participate in any gaming activity on the Little River Band Reservation.

1.19. Management Contract. "Management Contract" shall mean a contract or agreement between the Tribe and a Manager for the management of a Gaming Operation, including any related subcontracts and collateral agreements.

1.20. Management Contractor. "Management Contractor" shall mean any person, firm, corporation or entity having a direct or indirect financial interest in a management contract.

1.21. Manager. "Manager" shall mean a person, firm, corporation or entity with whom the Tribe enters into a Management Contract.

1.22. National Indian Gaming Commission. "National Indian Gaming Commission" shall mean the Commission established pursuant to IGRA.

1.23. Net Revenues. "Net Revenues" shall mean the gross revenues of a Gaming Operation less amounts paid for or paid out as prizes and less total operating expenses, determined in accordance with generally accepted accounting principles, but excluding management fees paid to a Manager in accordance with IGRA.

1.24. Primary Management Official. "Primary Management Official" shall mean:
  1. The person having management responsibility for a management contract;
  2. Any person who has authority:
    1. To hire and fire Gaming Employees; or
    2. To set up working policy for any Enterprise; or
  3. The chief financial officer or other person who has financial management responsibility.

1.25. Principal. Principal shall mean those persons having a direct or indirect financial interest in a management contract:

  1. Any natural person having a financial interest in the contract in question;
  2. with respect to a trust, any beneficiary or trustee;
  3. with respect to a partnership, any partner;
  4. with respect to a corporation, any person who
    1. is a director thereof, or
    2. holds at least 10% of the issued and outstanding stock alone or in combination with any other stockholder who is such person's spouse, parent, child or sibling;
  5. with respect to any entity other than a natural person, firm, or corporation that has an interest in a trust, partnership or corporation that has an interest in a management contract, all parties of that entity.

 

1.26. Reservation. "Reservation" shall mean those lands acquired by or for the Tribe pursuant to 25 U.S.C. � 1300k-4(b) or such other lands upon which Gaming may lawfully be conducted pursuant to IGRA.

1.27. Secretary. "Secretary" shall mean the Secretary of the United States Department of the Interior or his/her designee.

1.28. State. "State" shall mean the State of Michigan.

1.29. Tribal Court. "Tribal Court" shall mean the Tribal Court and Tribal Court of Appeals of the Little River Band of Ottawa Indians and all other tribal judicial forums now or hereinafter established by the Tribe.

1.30. Tribal Gaming Commission. "Tribal Gaming Commission" or "Gaming Commission" shall mean the body created pursuant to this Gaming Ordinance to regulate Gaming in accordance with IGRA, any Class III gaming or Class II gaming regulations prescribed by the Secretary and this Gaming Ordinance.

1.31. Tribe. "Tribe" shall mean the Little River Band of Ottawa Indians.


Section 2. Creation of Tribal Gaming Commission.

2.01. Establishment. The Tribal Council hereby charters, creates and establishes a Gaming Commission as a governmental subdivision of the Tribe. The Commission shall be referred to throughout this Ordinance as the Gaming Commission. As a subdivision of the Tribal government, the Gaming Commission has been delegated the right to exercise one or more of the substantial governmental functions of the Tribe. In creating the Gaming Commission, it is the purpose and intent of the Tribal Council that the Gaming Commission ensure the integrity, honesty and fairness of all gaming activities conducted on the Tribe's Reservation and that such gaming activities be conducted in conformance with this ordinance, Rules and Regulations promulgated by the Gaming Commission, the Indian Gaming Regulatory Act, and any applicable Class III gaming compact or Class III gaming rules.

2.02. Duration. The Gaming Commission shall have perpetual existence and succession in its own name, unless dissolved by the Tribal Council pursuant to Tribal law.


Section 3. Sovereign Immunity of Gaming Commission; Tribe.

3.01. Sovereign Immunity of the Gaming Commission. The Gaming Commission is clothed by federal and as specifically limited by Sections 14 and 15 of this ordinance, including sovereign immunity from suit in any state, federal or tribal court. Nothing in this ordinance shall be deemed or construed to be a waiver of sovereign immunity of the Gaming Commission from suit, which shall only be waived pursuant to subsection 3.02. Except as provided by Section 14 and 15, nothing in this ordinance shall be deemed or construed to be a consent of the Gaming Commission to the jurisdiction of the United States or any state or of any other tribe with regard to the business or affairs of the Gaming Commission.

3.02. Waiver of Sovereign Immunity of the Gaming Commission. Expect as provided in Sections 14 and 15 of this Ordinance, the sovereign immunity of the Gaming Commission may be waived only by express resolution of the Gaming Commission after consultation with the Tribal Council and the Tribe's General Counsel. Expect as provided in Sections 14 and 15 of this Ordinance, all waivers or sovereign immunity must be preserved with the resolutions of the Gaming Commission and filed with the Tribal Council of continuing force and effect. Waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds, if any, of the Gaming Commission subject thereto, and shall specify the court having jurisdiction pursuant thereto and the applicable law. Neither the power to sue and be sued provided in subsection 6.01(m), nor any express waiver of sovereign immunity by resolution of the Gaming Commission shall be deemed a consent to levy of any judgment, lien or attachment upon property of the Gaming Commission other than property specifically pledged or assigned, or a consent to suit in respect to any land contained within the Reservation of the Tribe or a consent to the alienation, attachment or encumbrance of any such land.

3.03. Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as a federally-recognized Indian tribe with respect to the existence and activities of the Gaming Commission are hereby expressly reserved, including sovereign immunity from suit in any state, federal or tribal court. Except as provided in Sections 14 and 15 of this Ordinance, nothing in this ordinance, nor any action of the Gaming Commission, shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe; or to be a consent of the Tribe to the jurisdiction of the United States or of any state or any other tribe with regard to the business or affairs of the Gaming Commission or the Tribe; or to be a consent of the Tribe to any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe; or to be a consent to suit with respect to any lands in the Tribe's Reservation, or to be a consent to the alienation, attachment or encumbrance of any such land.

3.04. Credit of the Tribe. Nothing in this ordinance nor any activity of the Gaming Commission shall implicate or in any way involve the credit of the Tribe.

3.05. Assets of the Tribal Commission. The Gaming Commission shall have only those assets specifically assigned to it by the Tribal Council or acquired in its name by the Tribe or by it on its own behalf. No activity of the Gaming Commission nor any indebtedness incurred by it shall implicate or in any way involve assets of tribal members or the Tribe not assigned in writing to the Gaming Commission.


Section 4. Appointment of Gaming Commissioners; Qualifications.

4.01. Number of Gaming Commissioners. The Gaming Commission shall be comprised of five (5) Gaming Commissioners.

4.02. Appointment of Gaming Commissioners. The members of the Gaming Commission shall be appointed
by the Tribal Council as follows:

  1. Initial Appointments. Upon the enactment and passage of this ordinance, the Tribal Council shall publicize, to the extent reasonable and practical, that it will be appointing a five (5) member Gaming Commission and is seeking applicants for appointment and nominations of individuals for appointment. The Tribal Council may schedule interviews of qualified applicants /nominees. As soon as the Tribal Council completes its review of the qualified Tribal members willing to serve on the Gaming Commission, the Tribal Council shall, at its next regularly scheduled meeting, appoint five (5) members to the Gaming Commission. Provided that in any event the appointments shall be made within sixty (60) days of the date of execution of the Management Agreement.
  2. Terms of Office. The terms of office for the initial appointees shall be staggered, with two (2) members appointed for a term of one (1) year, two (2) members appointed for a term of two (2) years, and one member appointed for a term of three (3) years. All subsequent appointments to the Gaming Commission shall be for terms of four (4) years. Members may be reappointed for additional terms without limitation.
  3. Future Appointments. At least four (4) weeks prior to any meeting during which appointments to the Gaming Commission will be made, the Tribal Ogema shall publicize that he/she will be making such nominations for appointments and shall seek applicants for appointment and nominations of individuals to be appointed.

 

4.03. Qualifications of Commissioners. Any enrolled member of the Tribe, at least twenty-one years of age or older who is not an elected member of the Tribal Council or the Tribal Ogema who is qualified to serve as a Commissioner under Subsections 4.04 and 4.05 of this Section may be appointed to serve on the Gaming Commission. Each newly appointed Commissioner must attend training on the Indian Gaming Regulatory Act, regulations promulgated by the National Indian Gaming Commission, federal revenue laws relating to gaming, this Gaming Ordinance and any Regulations adopted by the Gaming Commission.

4.04. Background Investigation. Before any applicant may be appointed to serve on the Gaming Commission, the Tribal Ogema shall perform or arrange to have performed a comprehensive background check on each prospective member. The results of the background checks shall be submitted to the Tribal Council when the Tribal Ogema submits his/her request for appointment. No person shall serve as a Commissioner if:

  1. That person's prior activities, criminal records, if any, or reputation, habits or associations:
    1. Pose a threat to the public interest; or
    2. Threaten the effective regulation and control of gaming; or
    3. Enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming; or
  2. That person has been convicted of or entered a plea of nolo contendere to a felony or any gaming offense in any jurisdiction or to a misdemeanor involving dishonesty or moral turpitude; or
  3. That person has a present financial interest in the conduct of any Gaming Enterprise; or
  4. That person is an employee of the Gaming Commission;
  5. That person has a member of his immediate family, residing in the same household, who is employed as a primary management official or key employee by any Gaming Enterprise regulated by the Gaming Commission; or
  6. Fails to disclose a conflict of interest, as defined in Section 4.05.

In the event a disqualifying event, as defined in paragraph (c), (d) or (e) of this section 4.04 occurs after the date of a person's appointment to the Gaming Commission has been confirmed by the Tribal Council, that Commissioner may continue to serve on the Commission for up to 120 days after the date the disqualifying event occurred so that the Tribal Ogema may begin the process of submitting a new candidate for appointment to the Gaming Commission. In the event any other disqualifying event, as defined in this Section, the Tribal Council may take immediate steps to remove that Commissioner.

4.05. Conflict of Interest. No person shall serve as a Commissioner if that person is a member of the Tribal Council or a judge of the Tribal Court. Persons nominated for appointment to the Gaming Commission must, prior to his/her appointment, disclose the names and addresses of his/her immediate family members, whether such immediate family members are employed at any Gaming Enterprise regulated by the Gaming
Commission, and whether he/she or a member of his/her immediate family has a financial interest in any
Gaming Service business. Gaming Commissioners are prohibited from participating in making decisions, which involving balancing personal financial interests or the interests of members of that Commissioner's immediate family, other than interests held in common by all Tribal members, against the interests of the
Gaming Commission or the Tribe. Failure to disclose a conflict of interest, or to refrain from participating
in decisions that involve a conflict of interest, shall be grounds for removal of a Commissioner pursuant to Section 4.07 of this Ordinance.

4.06. Oath of Office. Immediately upon appointment, the Tribal Ogema shall administer the oath of office to the members of the Gaming Commission which oath of office shall include a commitment to uphold the Constitution and laws of the Little River Band of Ottawa Indians and to perform faithfully and diligently the duties and responsibilities of the Gaming Commission. Each person appointed to the Gaming Commission shall sign an oath of office, which designates the date of that person's appointment and the date upon which that appointment expires.

4.07. Removal of Members or vacancies.
  1. Removal. A Commissioner may be removed by a resolution in favor of removal supported by seven (7) members of the Tribal Council for the following reasons: serious inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or for any conduct which threatens the honesty and integrity of the Gaming Commission or otherwise violates the letter or intent of this ordinance. Except as provided below, no Commissioner may be removed without notice and an opportunity for a hearing before the Tribal Council, and then only after the Commissioner has been given written notice of the specific charges at least ten (10) days prior to such hearing. At any such hearing, the Commissioner shall have the opportunity to be heard in person or by counsel and to present witnesses and documentary evidence on his behalf. At the request of the Commissioner whose removal is at issue, the hearing may be held in closed session. The Tribal Council may also elect to receive certain evidence in closed session if public disclosure of such evidence might compromise any ongoing law enforcement investigation. If five (5) members of the Tribal Council determines that immediate removal of a Commissioner is necessary to protect the interests of the Tribe, the Tribal Council may immediately remove the Commissioner temporarily, and the question of permanent removal shall be determined thereafter pursuant to the hearing procedures described above. At the conclusion of the presentation of evidence and of any summary statements, the Tribal Council shall deliberate in closed session and shall issue its decision within seven (7) days. A written record of all removal proceedings together with the charges and findings thereon shall be kept by the Tribal Council Recorder. The decision of the Tribal Council to remove a Commissioner shall be final and no appeal to any other tribunal shall be available.
  2. Vacancies. If any Commissioner shall die, resign, be removed or for any reason be unable to serve as a Commissioner, the Council shall declare the position vacant and shall appoint another person to fill the position. The terms of office of each person appointed to replace an initial Commissioner shall be for the balance of any unexpired term for such position, provided, however, that any prospective appointee must meet the qualifications established by this ordinance.

Section 5. Organization; Meetings of the Gaming Commission.

5.01. Meetings.
  1. Regular Meetings. The Gaming Commission shall hold at least one regular monthly meeting which shall take place at a suitable time and place determined by the Gaming Commission.
  2. Special meetings. Special meetings may be called at the request of the Chairman of the Gaming Commission or three (3) members of the Gaming Commission.
  3. Compensation of Commissioners. Commissioners may receive a stipend or other compensation for their service on the Commission in accordance with the budget approved for the Gaming Commission.
  4. Quorum. A quorum for all meetings or hearings shall consist of three (3) members.
  5. Voting. All questions arising in connection with the action of the Gaming Commission shall be decided by an affirmative vote of at least three (3) of the five (5) Commissioners; Provided that action on licensing of all Gaming Employees may be decided by majority vote provided a quorum is present.

 

5.02. Organization. The Gaming Commission shall develop its own operating procedures and shall elect from within itself a Chairman to direct meetings, a Reporter to be responsible for keeping Gaming Commission minutes and transmitting to the Tribal Council a copy of those minutes, handling correspondence and reporting Gaming Commission decisions and such other officers as it deems advisable.


Section 6. Powers and Responsibilities of Gaming Commission.

6.01. Powers of the Gaming Commission. In furtherance, but not in limitation, of the Gaming Commission's purposes and responsibilities, and subject to any restrictions contained in this Ordinance or other applicable law, the Gaming Commission shall have and is authorized to exercise by majority vote, the following powers:

  1. To regulate all day-to-day gaming activity within the jurisdiction of the Tribe to ensure the integrity thereof.
  2. To promote the full and proper enforcement of all tribal civil and criminal gaming laws.
  3. To issue, deny, suspend or revoke any gaming License necessary to operate, manage, conduct business with or be employed at any gaming activities authorized by this Ordinance, or other tribal laws, and to establish a schedule of fees as may be necessary to defray expenses of License processing and background investigations.
  4. To conduct or cause to be conducted, background investigations of persons or business entities applying for any gaming License.
  5. To enact and enforce such rules and regulations consistent with this ordinance regarding its activities as the Gaming Commission may deem necessary and proper to effectuate the powers granted by this Ordinance and duties imposed by applicable law.
  6. Subject to the approval of the Tribal Council of an appropriation of funds therefore, to employ such staff as reasonably may be required to fulfill the Commission's responsibilities under this Ordinance; provided, that all employees of the Gaming Commission shall be subject to background investigations, including criminal and financial background investigations.
  7. To arrange for and direct such inspections and investigations as it deems necessary to ensure compliance with this Ordinance and implementing regulations. In undertaking such investigations, the Gaming Commission may request the assistance of tribal gaming staff, federal, state and tribal law enforcement officials, legal counsel and other third parties.
  8. To administer oaths, conduct hearings, and by subpoena compel any licensee or License applicant, any person employed by a gaming facility, and any person doing business with a Gaming Enterprise to appear before it and to provide such information, documents or other materials as may be in their possession to assist in any investigation conducted by the Gaming Commission relating to the enforcement of tribal gaming laws and regulations.
  9. To make, or cause to be made by its agents or employees, an examination or investigation of the place of business, equipment, facilities, tangible personal property, and the books, records, papers, vouchers, accounts, documents and financial statements of any Gaming Enterprise operating, or suspected to be operating, within the jurisdiction of the Tribe.
  10. When necessary or appropriate, to request the assistance and utilize the services of the courts, law enforcement and government officials and agencies, and private parties, in exercising its powers and carrying out its responsibilities.
  11. To close, after notice and a hearing, any game or games which are operating in violation of tribal or federal law.
  12. To sue or be sued in courts of competent jurisdiction within the United States subject to the provisions of this ordinance and other tribal laws relating to sovereign immunity; provided, that no suit shall be brought by the Gaming Commission without the prior explicit written approval of the Tribal Council.
  13. Where it is in the best interest of the Tribe, to develop a cooperative working relationship with federal, state and other Indian tribes, agencies and officials.
  14. To investigate any aspect of any Gaming Enterprise in order to protect the public interest in the integrity of gaming and to prevent improper and unlawful conduct. The Gaming Commission shall investigate any report of a failure of any Gaming Enterprise to comply with this ordinance, any regulations adopted by the Gaming Commission, IGRA, or the Compact. The Gaming Commission may issue an order requiring any Gaming Enterprise to take any corrective or remedial action deemed necessary.
  15. To arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Gaming Commission's authorized activities.
  16. To establish and maintain such bank accounts as may be necessary or convenient.
  17. To make application and accept grants and other awards from private and governmental sources in carrying out or furthering the purposes of the Gaming Commission.
  18. To exercise all authority delegated to it or conferred upon it by law and to take all action which shall be reasonably necessary and proper for carrying into execution the foregoing powers and all of the powers vested in this ordinance as permitted by the purposes and powers herein stated, which are deemed to be in the best interests of the Tribe and in compliance with applicable law.
  19. Pursuant to the Tribal law, to initiate a suspension or revocation proceeding of a liquor license issued to a gaming establishment.

 

6.02. Additional Powers and Duties.
  1. The Gaming Commission shall require the Manager of each Gaming Facility licensed by the Tribe to prepare a plan for the protection of public safety and the physical security of patrons of Gaming Facilities, setting forth the respective responsibilities of the Gaming Commission, the security department of the Gaming Facility(ies), and any Tribal police agency(ies). Such plan, and any subsequent modifications thereof, shall be submitted to the Gaming Commission annually for its review and approval.
  2. The Gaming Commission shall enforce all Tribal health and safety standards applicable to Gaming Facilities licensed by the Tribe.
  3. The Gaming Commission shall establish a list of persons barred from Tribal gaming facilities because of their criminal history or association with career offenders or career offender organizations which pose a threat to the integrity of gaming.
  4. The Gaming Commission shall publish and distribute copies of this Ordinance, Gaming Commission rules, and any Council, Gaming Commission or Tribal Court decisions regarding gaming matters.
  5. The Gaming Commission shall maintain and keep current a record of new developments in the area of Indian gaming.
  6. The Gaming Commission shall obtain and publish a summary of federal revenue laws relating to gaming and to ensure compliance with the same.
  7. The Gaming Commission shall arrange for training of Gaming Commissioners, Gaming Commission employees and others in areas relating to the regulation of gaming.
  8. The Gaming Commission shall consult with and make recommendations to the Council regarding changes in tribal gaming laws.

 

6.03. Annual Budget. The Gaming Commission shall prepare an annual operating budget for all Gaming Commission activities and present it to the Tribal Ogema and the Tribal Council in accordance with budget and appropriation procedures established by the Tribe's Constitution and by the Tribal Council.

6.04. Gaming Commission Regulations.

  1. Gaming Commission regulations consistent with this Ordinance and necessary to carry out the orderly performance of its duties and powers shall include, but shall not be limited to the following:
    1. Internal operational procedures of the Gaming Commission and its staff;
    2. Interpretation and application of this Ordinance as may be necessary to carry out the Gaming Commission's duties and exercise its powers;
    3. A regulatory system for all gaming activity, including accounting, contracting, and surveillance, to ensure the integrity, honesty and fairness of all gaming activities;
    4. The conduct of inspections, investigations, hearings, enforcement actions and other powers of the Gaming Commission authorized by this Ordinance.
  2. No regulation of the Gaming Commission shall be of any force or effect unless it is adopted by the Gaming Commission by written resolution and filed for record in the office of the Tribal Council Recorder.
  3. The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all Gaming Commission regulations adopted pursuant to and consistent with this Ordinance.

 

6.05. Right of Entrance: Monthly Inspection. The Gaming Commission and duly authorized officers and employees of the Gaming Commission, during regular business hours, may enter upon any premises of any Gaming Enterprise for the purpose of making inspections and examining the accounts, books, papers, and documents, of any such Gaming Enterprise. The Manager of each Gaming Enterprise shall facilitate such inspection or examinations by giving every reasonable aid to the Gaming Commission and to any properly authorized officer or employee. A Commissioner or a member of the Gaming Commission's staff shall visit each tribally-owned or tribally-operated Gaming Enterprise during normal business hours for the purpose of monitoring its operation. Such visits may be unannounced.

6.06. Investigations. The Gaming Commission, upon complaint or upon its own initiative or whenever it may deem it necessary in the performance of its duties or the exercise of its powers, may investigate and examine the operation and premises of any Gaming Enterprise subject to the provisions of this Ordinance. In conducting such investigation, the Gaming Commission may proceed either with or without a hearing as it may deem best, but it shall make no order without first affording any affected party notice and an opportunity for a hearing pursuant to Gaming commission regulations.

6.07. Hearings; Examiner. Pursuant to regulations, the Gaming Commission may hold any hearing it deems to be reasonably required in the administration of its powers and duties under this ordinance.

The Gaming Commission may designate one of its members to act as examiner for the purpose of holding any such hearing or the Gaming Commission may appoint another person to act as examiner under subsection 6.08 below. The Gaming Commission hearing regulations shall, at a minimum, afford any affected party, and all people interested therein as determined by the Gaming Commission, the right to appear personally before the Gaming Commission, the right to be represented by counsel at the affected party's own expense, the right to face and question witnesses against the affected party, and the right to present oral or documentary evidence in support of the affected party's support.

6.08. Appointment of Examiner. The Gaming Commission may appoint any person qualified in the law or possessing knowledge or expertise in the subject matter of the hearing to act as examiner for the purpose of holding any hearing which the Gaming Commission, or any member thereof, has power or authority to hold. Examiners appointed under this section shall not have the power to make findings or issue orders.


Section 7. Classes of Gaming Authorized.

7.01. Class II Gaming Authorized Class II Gaming as defined in the IGRA, 25 U.S.C. Section 2703 (A) and by regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be in effect is hereby authorized.

7.02. Class III Gaming Authorized. Class III Gaming as defined in IGRA, 25 U.S.C. Section 2703 (8) and by regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be in effect is hereby authorized, provided such Class III Gaming is also authorized by and consistent with the Compact, as defined in this Ordinance.

7.03. Class II and/or Class III License Required. Class II and Class III Gaming authorized by this Ordinance shall be conducted only by persons or entities which have obtained a valid Gaming Facility License issued by the Gaming Commission pursuant to this Ordinance, and rules and regulations adopted pursuant to and consistent therewith.


Section 8. Tribal Ownership Required.

8.01. Sole Proprietary Interest Required. The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any Gaming Facilities or Enterprises authorized by this Ordinance.

8.02. Private/Individual Ownership Prohibited. No individual, partnership, corporation or entity of any kind shall own in whole or in part any Class II or Class III Gaming Facility authorized or regulated by this Ordinance.

8.03. Management Contracts Authorized. Nothing in this Ordinance shall preclude the Tribe from entering into Management Contracts as authorized under IGRA.


Section 9. Use of Gaming Revenue.

9.01. Permitted Uses. Net revenues from Class II and Class III Gaming shall be used only for the following purposes:

  1. to fund Tribal government operations and programs;
  2. to provide for the general welfare of the Tribe and its members;
  3. to promote Tribal economic development;
  4. to donate to charitable organizations;
  5. to help fund operations of local governmental agencies.

Section 10. Audit Required; Report to National Indian Gaming.

10.01. Annual Audit. The Tribal Gaming Commission shall conduct or have conducted an independent audit of all Gaming Enterprises on an annual basis and shall submit the resulting audit reports to the Tribal Council and the National Indian Gaming Commission.

10.02. Audit to Include Gaming Service Contracts. All Gaming Service contracts shall be specifically included within the scope of the audit described in Section 10.01, provided, that the Tribal Gaming Commission or the Tribal Council may require that Gaming Service contracts for less than $25,000.00 annually be included in the scope of the audit if inclusion is deemed necessary to protect the public interest in the integrity of Indian gaming.

10.03. Record-keeping Requirements. At each Gaming Facility at which Class III gaming is conducted, accounting records shall be kept on a double entry system of accounting, maintaining detailed, supporting, subsidiary records. Gaming Facilities subject to this provision shall maintain the following records for not less than three (3) years:

  1. Revenues, expenses, assets, liabilities and equity for the location at which Class III gaming is conducted;
  2. Daily cash transactions for each Class III game at the location at which gaming is conducted, including but not limited to transactions relating to each gaming table bank, game drop box and gaming room bank;
  3. All markers, IOUs, returned checks, hold checks or other similar credit instruments;
  4. Individual and statistical game records (except card games) to reflect statistical drop and statistical win; for electronic, computer, or other technologically assisted games, analytic reports which show the total amount of cash wagered and the total amount of prizes won;
  5. Contracts, correspondence and other transaction documents relating to all Gaming Service Contractors;
  6. Records of all tribal gaming enforcement activities;
  7. Audits prepared by or on behalf of the Tribe; and
  8. Personnel information on all Class III Gaming Employees or agents, including rotation sheets, hours worked, employee profiles and background checks.

 


Section 11. Gaming Facility Licenses.

11.01. License Required. No person shall conduct Class II or Class III Gaming within the jurisdiction of the Tribe unless such Gaming is conducted at a Gaming Facility licensed by the Tribe. No license may be issued for any Gaming Facility which is owned or operated by any person other than the Tribe. If Gaming activity is proposed in more than one building at the site of any Gaming Enterprise, a separate Gaming Facility license shall be required for each building or location where Class II or Class III Gaming is conducted under this ordinance.

11.02. Types of Licenses. The Tribe may issue each of the following types of Gaming Facility Licenses.
  1. Tribally-Owned or Tribally Operated Class II. This License shall be required of all tribally owned or tribally operated Gaming Facilities operating one or more Class II Gaming activities.
  2. Tribally-Owned or Tribally-Operated Class III. This License shall be required for all tribally owned or operated Gaming Facilities operating any gaming other than Class I or Class II gaming.

 

11.03. Gaming Facility Application Procedures. In order to obtain a Gaming Facility License, the Enterprise requesting such license shall submit an application on the form provided by the Tribal Gaming Commission.

The applicant shall include all of the following information:
  1. A description of the Gaming activity proposed, including, but not limited to: the type of Gaming proposed, the maximum number and types of Gaming Equipment and Gaming Devices expected to be in the Facility at any one time, the number and types of Gaming Equipment and Gaming Devices expected to be in use when the Facility first opens, and the days and hours of operation proposed.
  2. A description of the Gaming Facility proposed, including the layout of the Gaming Equipment and Gaming Devices and the surveillance systems the Gaming Facility.
  3. The location proposed for such Gaming Facility.
  4. A description of the security, police, fire protection and other public safety services to be available to the proposed Gaming Facility and patrons of such Facility.
  5. A description of the accounting procedures proposed for such Gaming Facility.
  6. The name, address, title, and a description of the duties and responsibilities of each primary management official and key employee proposed for the Gaming Facility.
  7. The number and categories of all other Gaming Employees it is anticipated will be employed at the Gaming Facility.

 

11.04. Threshold Criteria which a Gaming Facility Applicant Must Meet. In addition to the information required in the Gaming Facility License application, any applicant for a tribally-owned or tribally operated Class II or Class III Gaming Facility License must provide documentation that the Gaming Enterprise and proposed Gaming Facility will meet the following threshold criteria:

  1. The proposed Gaming Facility is to be located on Reservation lands acquired for or by the Tribe under 25 U.S.C. Section 1300K-4(b) or on other lands upon which Gaming may lawfully be conducted pursuant to IGRA.
  2. The proposed Gaming activity is to be played as Class II Gaming as defined by this Ordinance and IGRA.
  3. The Gaming Enterprise and proposed Gaming Facility is authorized by a Tribal Council resolution.
  4. The Tribe or one of its subdivisions will have the sole proprietary interest and the Tribe will have the exclusive responsibility for the conduct of the proposed Gaming Enterprise.
  5. The Tribal Council resolution authorizing the Gaming Enterprise and proposed Gaming Facility provides that:
    1. The revenues of the Gaming Enterprise shall be audited annually and copies of those audits will be provided to the Tribal Gaming Commission, Tribal Council and the National Indian Gaming Commission.
    2. The Gaming Enterprise shall comply with all IRS reporting and filing requirements.
    3. All of the proceeds of the Gaming Enterprise shall be used for the purposes stated in Section 9.
    4. All Gaming Service Contracts shall be subject to the annual audit described in paragraph (1) of this subsection.
    5. The construction or maintenance of the Gaming Facility and the operation of the proposed Gaming Facility shall be conducted in a manner adequately protects the environment and the health and safety.
    6. All primary management officials and key employees shall pass the background checks and obtain the appropriate License required by this Ordinance.
    7. Any Management Contract between the Tribe and a Management Contractor has been approved by the Tribal Council and the National Indian Gaming Commission.
    8. All Principals having a direct or indirect financial interest in any Management Contract have passed the background checks required by this Ordinance and the National Indian Gaming Commission.
    9. The proposed Gaming Facility shall pay to the National Indian Gaming Commission such fees as federal law may require.
    10. In the event that Class III Gaming is proposed, such Gaming meets all other criteria established by the Compact.

 

11.05. Gaming Facility License Application Procedures.
  1. Upon receipt of a complete application for a Gaming Facility License for any tribally owned or operated Class II or Class III Gaming Facility, the Tribal Gaming Commission shall:
    1. Review the proposed Gaming Enterprise to ensure that all threshold criteria required by this Ordinance shall be met.
    2. Ensure that the necessary background checks have been performed on all management contractors, primary management officials and key employees required by this Ordinance and that all such entities or persons possess a valid and current provisional or regular License for each such entity's or person's position.
    3. Review and approve the accounting procedures to be used in such Gaming.
    4. Review and approve the layout of the games and surveillance systems for the Gaming Facility.
    5. Review and approve the plan for the protection of public safety and the physical security of patrons of the Gaming Facility.
    6. Review all aspects of the proposed Gaming Enterprise to ensure that it will be in compliance with the provisions of the Compact.
    7. Take any additional steps necessary to ensure the integrity of such Gaming.
  2. The Tribal Gaming Commission shall approve the Gaming Facility application within 30 days following the receipt of a complete application unless the Tribal Gaming Commission believes, based upon reasonable grounds, that the Gaming will be operated at the proposed Gaming Facility in violation of tribal, federal or other applicable law or the terms and conditions of the Compact.
  3. If the Tribal Gaming Commission denies an application for a Gaming Facility License, the Gaming Commission shall promptly notify the applicant of the specific reasons for such denial and a description of any corrective actions which the Tribal Gaming Commission determines will cure the deficiencies which resulted in denial of the application.

 

11.06. License Application Fees. An application fee, not to exceed $100,000.00, shall be required for each tribally-operated Class II or Class III Gaming Facility. Said fee shall be set by the Tribal Gaming Commission and shall be based upon the Tribal Gaming Commission's estimate of the anticipated actual cost of regulating the Gaming Facility, excluding the costs associated with licensing Primary Management Officials, Key Employees and other Gaming Employees. The license fee shall be paid in advance in quarterly installments. The Gaming Facility License shall not become valid until the first quarter's license fee is received by the Tribal Gaming Commission. The Gaming Facility's License shall lapse and the Tribal Gaming Commission shall take appropriate enforcement action if quarterly payments are not timely made.

11.07. Terms of License. A tribally-owned or tribally-operated Class II and Class III Gaming Facility License shall be valid for a period of thirteen (13) months from the date of issuance.

11.08. Posting of Licenses. The Gaming Facility License must be posted in a conspicuous location at all times on the premises of each Gaming Facility. If the Gaming Enterprise conducts Gaming at more than one location, the Gaming Enterprise must obtain and post a separate License for each Gaming Facility.

11.09. Gaming Facility License Renewals.
  1. Each tribal Gaming Facility License must be renewed every thirteen (13) months from the date of issuance. A renewal fee shall be required for each Class II or Class III Gaming Facility License in accordance with the Section 11.06.
  2. In order to obtain a renewal of a license, the Enterprise shall submit a written renewal application to the Tribal Gaming Commission on the form provided by the Tribal Gaming Commission. No renewal application shall be approved until the annual report, required by subsection 11.10, has been properly filed.
  3. All renewal applications submitted shall be approved in 30 days or less unless the Commission believes, based on reasonable grounds, that the Enterprise has been or will be operated in violation of tribal, federal or other applicable law or the terms and conditions of the Compact.
  4. If the Tribal Gaming Commission denies a renewal application for a Gaming Facility License, the Gaming Commission shall, within 7 calendar days, notify the applicant of the specific reasons for such denial and a description of any corrective actions which the Tribal Gaming Commission determines will cure the deficiencies which resulted in denial of the application.

 

11.10. Annual Reports. Each Enterprise which possesses a Class II or Class III Gaming Facility License must file an annual report with the Tribal Gaming Commission and the Tribal Council between the 15th and the last day of the 12th month of each such License. The report shall be submitted to the Tribal Gaming Commission and shall include, at a minimum, the following information:

  1. The name, address and telephone number of the Enterprise and Gaming Facility;
  2. The names, addresses and titles of all of the current managers of the Enterprise and the Gaming
    Facility;
  3. A description of the operations of the Gaming Facility, including, but not limited to: the number and type of games and Gaming Devices operated, the number of days and hours of operation, and the total gross sales;
  4. A written copy of any changes anticipated or proposed in the operations of the Gaming Facility, including any changes in its rules, public safety/security plan, layout of the games or surveillance systems;
  5. The name, address, title, and a description of the duties and responsibilities of each primary management official and key employee for the Gaming Facility;
  6. The name and addresses of the person who will be designated as primary management official over the next license period;
  7. A statement of any changes in the duties or designation of the primary management officials or key employees who will operate the gaming activity over the next license period;
  8. The names and addresses of any employees who the Tribal Commission may determine to be key employees during review of the application;
  9. written proof that the Enterprise and the Management Contractor, if any, has paid to the National Indian Gaming Commission such fees as federal and tribal law may require it to pay and will continue to do so;
  10. A sworn statement that the Enterprise has complied with the Internal Revenue Codes and Regulations, including written notice of customer winnings, and a statement that the Enterprise shall continue to obey all tribal and federal laws and shall hold the Tribal Gaming Commission and the Tribe harmless for failure to do so;
  11. A verified copy of the last annual audited financial report following the end of the Enterprise's
    last fiscal year;
  12. The number of full-time equivalent people, on an annualized basis, employed at the Gaming Facility during the past 12 months, together with a projection of the number of full-time equivalent people who are expected to be employed during the next license period;
  13. The total gross revenue of the Enterprise attributable directly or indirectly to tribally- licensed gaming activity over the proceeding 12 months;
  14. A sworn statement that the operator and all of its key employees and management contractors continue to consent to Tribal Court jurisdiction and service of process in all matters arising from the conduct of tribally-licensed gaming activity;

 

11.11. Non-Interference with Management of Gaming Facility. The Tribal Gaming Commission is required to receive the information contained in the annual report provided under subsection 11.10 solely to ensure that the Gaming Facility is free from corruption and to aid in carrying out its regulatory responsibilities. The Tribal Gaming Commission shall have no responsibility for, and shall not interfere with or regulate, any business or management activities or decisions of the Gaming Enterprise.


Section 12. Licensing of Gaming Facility Employees and Gaming Service Contractors.

12.01. Licensing. The Tribe and the Gaming Commission, consistent with IGRA, and the Compact, shall ensure that the policies and procedures set out in this section are implemented with respect to the following individuals and entities, who shall be required to fill out an application form for a license:

  1. each Management Contractor and each Principal thereof;
  2. each Primary Management Official;
  3. each Key Employee;
  4. each Gaming Service Contractor; and
  5. Each Gaming Employee (other than a Management Contractor and Principals thereof, Primary Management Officials or Key Employees.

 

12.02. Licensure of Management Contractors and Principals Thereof. No person or other legal entity shall be employed as a Management Contractor, unless such person or entity has a current Management Contractor's license issued by the Tribal Gaming Commission. In order to receive such a license, each Principal, as defined in Section 1.25, must submit an application containing the information required in subsection 13.01 and must have passed the background investigation required by this ordinance.

12.03. Licensure of Primary Management Officials. No person, firm or other entity other than the Tribe shall be employed as a Manager, have a management interest, or financial interest in the operation of any Gaming Facility, unless such person, firm or entity has a current Primary Management Official's license issued by the Tribal Gaming Commission.

12.04. Licensure of Key Employees. No person shall be employed as a Key Employee at any Gaming Facility, unless such person has a current Key Employee's license issued by the Tribal Gaming Commission.

12.05.Licensure of Gaming Service Contractors. No person, firm or corporation shall purchase any Gaming Service, or enter into a contract for the purchase or lease of any Gaming Service, unless the provider of such Gaming Service has a current Gaming Service Contractors' license issued by the Tribal Gaming Commission.

12.06. Licensure of Gaming Employees. No person shall be employed as a Gaming Employee, as defined in this Ordinance, (other than a Management Contractor and Principals thereof, Primary Management Officials or Key Employees) unless such person has a current Gaming Employee's license issued by the Tribal Gaming Commission.

12.07. Non-Gaming Employees. All persons who are not Gaming Employees but work at any Gaming Facility, must obtain a non-gaming work permit from the Tribal Gaming Commission before commencing employment. Such work permits may be issued upon a determination by the Tribal Gaming Commission that the employee is not a threat to the effective regulation of Gaming and creates no risk or enhances no danger of unfair or illegal practices, methods or activities in the conduct of Gaming. All applicants for work permits shall provide such information as the Tribal Gaming Commission shall require.


Section 13. Gaming License Application Procedures.

13.01. Application for License. The Tribal Gaming Commission shall require from each potential Management Contractor and each Principal thereof, from each person seeking employment as a Primary Management official, or Key Employee, and may require all others listed in sub-section 12.01, to submit an application to the Tribal Gaming Commission on the form and in the manner required by the Tribal Gaming Commission. The application shall include all of the following information:

  1. Full name other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, and all languages (spoken or written);
  2. Currently and for the previous 5 years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and drivers license numbers;
  3. The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under paragraph (b) of this subsection;
  4. Current business and residence telephone numbers;
  5. A description of any existing and previous gaming or other business relationships with any Indian tribe;
  6. A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;
  7. The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, the current status of the application, and whether or not such license or permit was granted;
  8. A list of all felony charges and dispositions against the applicant, if any, and for each felony for which there is ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any;
  9. A list of all misdemeanor charges and dispositions against the applicant, if any, (excluding traffic violations for which incarceration was not a possible punishment), and for each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years of the date of the application, the name and address of the court involved and the date and disposition;
  10. For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, if such criminal charge was within 10 years of the date of the application and is not otherwise listed pursuant to paragraph (h) or (i) of this section, the criminal charge, the name and address of the court involved, and the date and disposition;
  11. The name and address of any licensing or regulatory agency with which the person has filed an application for a business or occupational license or permit, whether or not such license or permit was granted;
  12. two (2) current photographs;
  13. For all applications for licenses for Management Contractors and each Principal thereof, or Primary Management Officials, a complete financial statement and/or income tax records showing all sources of income for the previous three (3) years, and assets, liabilities, and net worth as of the date of the application;
  14. A list of all professional or business licenses the applicant has applied for, whether or not those licenses where granted and the name, address and phone number of the regulatory agency involved.
  15. A sworn statement that neither the applicant nor any member of his immediate family has a past or current financial interest, other than a salary interest, in any gaming-related enterprise anywhere. If the applicant has any relative who has such a relationship, the applicant shall fully disclose his name and the nature of the relationship.
  16. Written permission giving the Tribal Gaming Commission or its designee the right to investigate the applicant's background, including his criminal records, civil and criminal judgments and credit history.
  17. Each application shall be accompanied by a sworn statement that the applicant will submit to the jurisdiction of the Tribe and the Tribal Court, if employed.
  18. Any other information the Tribe deems relevant;
  19. For all applications for licenses for Management Contractors and each Principal thereof, Primary Management Officials or Key Employees, fingerprints obtained in duplicate on fingerprint impression cards taken by the Manistee City Police Department or the Tribal Gaming Commission consistent with procedures adopted by the Tribe according to 25 C.F.R. �522.2 (h);
  20. any other information required Tribal Gaming Commission rule or regulation.

13.02. Application Forms - Notices.

  1. Privacy Act Notice. The following notice shall be placed on the application form for a management contractor, key employee or a primary management official before that form is filled out by an applicant:
    "In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The information will be used by National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate Federal, Tribal, State, local, or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to hire you in a primary management official or key employee position.
    "The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing your application."
  2. False Statements Notice. The following notice shall be placed on the application form for a key employee or a primary official before that form is filled out by an applicant:
    "A false statement on any part of your application may be grounds for not hiring you, or for firing you after you begin work. Also, you may be punished by fine or imprisonment."

 

13.03. Burden of Proof. It is the determination of the Tribe that the public interest in the integrity of gaming is such that the burden of proof to establish fitness or eligibility to obtain or maintain a license under this ordinance shall be upon the applicant or licensee, as the case may be.

13.04. Background Investigation. The Tribal Gaming Commission shall conduct, or cause to be conducted, an investigation sufficient to make a determination under subsection 13.05 below. In conducting a background investigation, the Tribe, the Tribal Gaming Commission or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation. The background investigation shall consist of at least the following:

  1. The Tribal Gaming Commission or its designee shall also contact each reference provided in the application and take other appropriate steps to verify the accuracy of the other information presented and prepare a report of their findings for the Commission.
  2. The criminal background of each applicant for a license shall be investigated submitting vital information concerning the applicant to the Michigan State Police and/or local law enforcement and, for Management Contractors, Primary Management Officials and Key Employees, submitting impressions of the applicant's fingerprints, taken under paragraph (s) of subsection 13.01, to the Federal Bureau of Investigation Criminal Information Center, and any other law enforcement agency(ies) that the Tribal Gaming Commission deems appropriate, requesting a criminal history report. The vital information provided to such law enforcement agencies shall include, at a minimum: the applicant's full name, any other names used by the applicant, date and place of birth, citizenship, drivers license numbers, social security number, and a physical description.
  3. With respect to applicants for a Management Contractors or Primary Management Officials license, the Gaming Commission shall also investigate and verify the accuracy of financial information provided by the applicant by contacting banks, other financial institutions or other sources as deemed necessary. The Tribal Gaming Commission shall also obtain a credit bureau report on the applicant.
  4. The Tribal Gaming Commission shall attempt to complete the background investigation described in this subsection within 30 days following receipt of a complete application.
  5. The Gaming Commission may contract with a private, municipal, state, and/or federal investigation agencies to perform the required background and/or criminal history investigations.

 

13.05. Eligibility Determination. The Tribal Gaming Commission shall review a person's or entity's prior activities, criminal records, if any, reputation, habits, and associations to make a finding concerning the eligibility of a key employee or primary management official or other individual or entity listed above for employment in or association with a Gaming Enterprise. If the Tribal Gaming Commission determines that employment of or contract with the person or entity poses a threat to the public interest or to the effective regulation of Gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of Gaming, the Tribal Gaming Enterprise shall not employ or contract with that person or entity in a key employee or primary management official position, or as an employee, nor as a management contractor nor supplier of gaming goods or services.

13.06. Standards for Issuance of Key Employee or Primary Management Officials' License. The Tribal Gaming Commission shall not grant a license to any applicant for employment as a Key Employee or Primary Management Official who:

  1. Is a member of the Tribal Council or the Tribal Ogema;
  2. Is under the age of 18; or
  3. Has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, fraud or misrepresentation, within the immediately preceding 10 years; or
  4. Has been convicted of or entered a plea of guilty or no contest to any offense not specified in subparagraph (c) within the immediately preceding five years; this provision shall not apply if that person has been pardoned by the Governor of the State where the conviction occurred or, if a tribal member, has been determined by the Tribal Gaming Commission to be a person who is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a license as a key employee or primary management official; or
  5. Is determined by the Tribe to have participated in organized crime or unlawful gambling or whose prior activities, criminal records, reputation, habits, and/or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or
  6. Has knowingly and willfully provided materially false and misleading statements or information to the Tribal Gaming Commission or refused to respond to questions asked by the Tribal Gaming Commission.
  7. The terms "fraud or misrepresentation" as used in paragraph (c) shall mean a criminal offense committed in Michigan or any other jurisdiction, involving theft, fraud or misrepresentation, which is a felony or would be a felony if committed in Michigan, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from the employee's criminal record by executive pardon, state court order, or operation of law.
  8. The term "any offense" as used in paragraph (d) shall mean any criminal offense not described in paragraph (c), whether committed in Michigan or any other jurisdiction, that is, or would be, a crime under the provisions of the Michigan Penal Code, Act 328 of the Public Acts of 1931, as amended, or the controlled substances provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended or any other criminal offense not included within the scope of paragraph (c).

 

13.07. Action on Applications for Nongaming Employee Work Permits, Gaming Employee License, and Gaming Service Contractor License.

  1. Within 15 days following the completion of the background investigation, the Tribal Gaming Commission shall review the application, the results of background investigation to determine if the applicant qualifies for the license or work permit applied for.
  2. If the Tribal Gaming Commission determines that an applicant for a Gaming Service Contractors license, Gaming Employee license or Non-gaming employee work permit qualifies, pursuant to subsection 13.05, for the issuance of the license or work permit applied for, the Tribal Gaming Commission may approve the application and issue the license or work permit, as the case may be.
  3. If the Tribal Gaming Commission denies any application for a Gaming Service Contractor license, Gaming Employee license or Nongaming Employee work permit, the Gaming Commission shall, within 7 calendar days, notify the applicant that the application was denied and specify the reasons for the denial, including information concerning any criminal conviction(s), which prompted the denial. The notice to each applicant shall also inform the applicant of the applicant's right to request a hearing and appeals provided in Section 14.
  4. If a license is not issued to an applicant, the Tribal Gaming Commission:
    1. Shall notify the National Indian Gaming Commission; and
    2. May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.

 

13.08. Action on Applications for Management Contractor, Primary Management Official and Key Employee
License.

  1. Within 15 days following the completion of the background investigation(s) described in subsection 13.04, the Tribal Gaming Commission shall review the application, the results of background investigation, the criminal history reports, and financial report, if required, to determine if the applicant qualifies for the license applied for.
  2. If the Tribal Gaming Commission determines that an applicant qualifies, pursuant to sub-sections 13.05 and 13.06, for the issuance of such license or work permit applied for, the Tribal Gaming Commission may approve the application on an preliminary basis and may, in its further discretion, issue a provisional license to the applicant. A provisional license shall be valid for not more than one year.
  3. Within 7 calendar days after granting preliminary approval of a license application, the Tribal Gaming Commission shall prepare and forward to the National Indian Gaming Commission an investigative report on each background investigation. An investigative report shall include all of the following:
    1. Steps taken in conducting a background investigation;
    2. Results obtained;
    3. Conclusions reached; and
    4. The basis for those conclusions.

    The Tribal Gaming Commission shall submit, with the investigative report, a copy of the Gaming Commission's eligibility determination and notify the National Indian Gaming Commission of the Tribal Gaming Commission's intention to issue the applicant a license and request that the agency review the application and investigative report pursuant to IGRA.

  4. The Tribal Gaming Commission may grant final approval of a license application submitted under this subsection only after the following 1 of the following has occurred:
    1. The Tribal Gaming Commission has received notice from the National Indian Gaming Commission that it has no objection to the issuance of the license; or
    2. Thirty (30) days have elapsed since the National Indian Gaming Commission was notified of the Tribal Gaming Commission's intent to issue the license and the National Indian Gaming Commission has not responded; or
    3. The National Indian Gaming Commission timely objected to the issuance of the license, the Tribal Gaming Commission has reconsidered the application in light of the objections received and has determined that the applicant maybe licensed notwithstanding those objections.
  5. The Tribal Gaming Commission shall promptly notify the applicant that the application is approved and shall issue the license. If a provisional license was previously issued, the effective date of the license shall be the date the provisional license was issued.
  6. The gaming operation shall not employ as a key employee or primary management official a person who has not received either a provisional or regular license within ninety (90) days of being employed by the gaming facility.
  7. If the Tribal Gaming Commission denies any application for a license under this subsection, the Gaming Commission shall, within 7 calendar days, notify the applicant that the application was denied and specify the reasons, including information concerning any criminal conviction(s), which prompted the denial. The notice to each applicant shall also inform the applicant of the applicant's right to request a hearing and appeals provided in Section 14. The applicant may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section and the Tribal Court shall hear the appeal within 14 calendar days of its receipt of the appeal.
  8. If a license is not issued to an applicant, the Tribal Gaming Commission:
    1. Shall notify the National Indian Gaming Commission; and
    2. May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.
  9. With respect to key employees and primary management the Tribal Gaming Commission shall retain employment and reports (if any) of background investigations for inspection by the Chairman of the National Indian Gaming Commission or his or her designee for no less than three (3) years from the date of termination of employment.

 

13 .09. Licensing Period. Any employee gaming license issued pursuant to this section shall be effective for a period of one year from the date of issuance and shall contain the licensee's photograph and shall state on its face the name of the employee, the Gaming Facility at which the employee is licensed to work, the type of license, the date that the license became effective and the date that it expires.

13.10. Renewals. A holder of an employee gaming license shall petition to have his license renewed, by applying to the Tribal Commission for a renewal before his original license has expired and updating all information contained in the original application. Provisional licenses may be granted if a license expires before the Commission acts upon the license renewal request and such provisional license shall be valid and ,effective until the license is renewed or the license renewal request is denied by the Gaming Commission.

13.11. Requirement to Produce License Upon Request. Any person receiving an employee gaming license must carry that license upon his person during all working hours and must produce that license upon the request of any person.


Section 14. Suspension/Revocation of License; Right to Appeal.

14.01. Hearing upon Denial of License. Any applicant who is affected by an adverse action by the Tribal Gaming Commission in connection with denial of a license applied for under this ordinance may request a hearing before the Tribal Gaming Commission by written request submitted within 30 days following notice of the action by the Tribal Gaming Commission. Within 14 days following receipt of a notice requesting a hearing, the Tribal Gaming Commission shall afford such person or entity an opportunity to appear and be heard before the Tribal Gaming Commission, in person or with a representative or legal counsel, and to submit such evidence as such person or entity deems relevant in the matter. The Tribal Gaming Commission may receive evidence from the applicant or licensee, the Tribe, Tribal Gaming Commission or any person or entity that the Tribal Gaming Commission deems relevant to the matter. The Tribal Gaming Commission shall either affirm or reconsider its decision to deny the license within 7 days following hearing. The applicant may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section and the Tribal Court shall hear the appeal within 14 calendar days of its receipt of the appeal.

14.02. Suspension of Gaming License.
  1. Subject to subsection 14.06 below, any gaming license may be temporarily and immediately suspended by the Tribal Gaming Commission or the Tribal Court for not more than 30 days if the Tribal Gaming Commission receives reliable information that any of the following have occurred:
    1. The employee/entity has been charged with a violation of any gaming law.
    2. The employee/entity's continued employment as a primary management official or key employee of a game or gaming enterprise poses a threat to the general public.
    3. The employee/entity has knowingly and intentionally made a material false and misleading statement in his license application.
    4. The employee/entity has participated in gaming activity regulated by this Ordinance and unauthorized by his tribal gaming license.
    5. The employee/entity has refused to comply with any lawful order of the Tribal Gaming Commission, the Tribal Court or the National Indian Gaming Commission.
  2. In the event the Tribal Gaming Commission determines that any employee/entity meets any of the criteria stated in subsections 14.02(a)(1) through 14.02(a)(5) above or that his non-compliance with this Ordinance is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, subject to review by the Tribal Court, the Tribal Gaming Commission or its designee shall issue a notice of temporary suspension of such person's gaming license which shall be served upon the employee/entity or an agent of the employee/entity and upon the Manager. The order shall state the grounds upon which it is issued and the employee/entity's right to a hearing. The employee/entity shall cease and desist operating in his management position or in his capacity as a key employee immediately upon receipt of the order, but s/he may file a notice of appeal with the Tribal Gaming Commission which shall hold a hearing on the order within 14 calendar days of its receipt of the appeal. At the hearing the employee/entity shall have the right to be represented by counsel at the employee/entity s expense and an opportunity to present testimony and cross-examine opposing witnesses, and to present any other documentary and oral evidence as to why a temporary suspension order or an injunction should not be issued. The hearing shall be governed in all respects in accordance with tribal law and Tribal Gaming Commission regulations. The employee/entity may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section, including the notice of temporary suspension, and the Tribal Court shall hear such appeal within 14 calendar days of its receipt of the appeal.

 

14.03. Revocation of Gaming License.
  1. Subject to subsection 14.06 below, any gaming license may be revoked by the Tribal Gaming Commission or the Tribal Court if, following the hearing described in paragraph (b) of this subsection, the Tribal Gaming Commission finds that any of the following have occurred:
    1. The employee/entity has violated any gaming law.
    2. The employee/entity s continued employment as a primary management official or key employee of a game or gaming enterprise poses a threat to the general public.
    3. The employee/entity intentionally made a material false and misleading statement in his license application.
    4. The employee/entity participated in gaming activity regulated by this Ordinance and unauthorized by his tribal gaming license.
    5. The employee/entity willfully refused to comply with any lawful order of the Tribal Gaming Commission, the Tribal Court or the National Indian Gaming Commission.
  2. Subject to subsection 14.06 below, in the event the Tribal Gaming Commission receives reliable information indicating that any licensed individual, corporation or other entity has committed any of the violations stated in subsections 14.03 (a)(1) through 14.03 (a)(5) above or that his noncompliance with this ordinance is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, the Tribal Gaming Commission shall issue a notice of intent to revoke such person's gaming license which shall be served upon the employee/entity or an agent of the employee/entity and upon the Manager. The order shall state the grounds upon which it is issued and the employee/ entity's right to a hearing before the Tribal Gaming Commission within 14 calendar days and right to offer sworn oral or documentary evidence relevant to the violation charged. Subject to review by the Tribal Court, a license may be suspended during such pre-hearing period by the vote of a majority of the members of the Tribal Gaming Commission then in office where such extraordinary action is essential to protect the public safety or the integrity of Gaming; a license shall be suspended during such period as required under IGRA if the revocation hearing arises as a result of notice from the National Indian Gaming Commission. The employee/entity may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section, including the decision to issue a temporary suspension issue and the Tribal Court shall hear the appeal within 14 calendar of its receipt of the appeal.

14.04. Appeal to the Tribal Court. Subject to the burden of proof set forth in this Ordinance, a finding or licensing decision of the Tribal Gaming Commission, including but not limited to a decision to deny, suspend, revoke, modify or condition any license pursuant to this Ordinance, may be appealed to the Tribal Court by the aggrieved person or entity. In all appeals before the Tribal Court, there shall be deference given by the Tribal Court to the determination of the Tribal Gaming Commission as the agency charged with responsibility for interpreting its own regulations. Findings of fact and conclusions of law made by the Tribal Gaming Commission may be reviewed de novo by the Tribal Court. The decision of the Tribal Court shall be final.

14.05. Action Following Revocation Hearing /Appeals. After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to reinstate a gaming license. If the decision is to revoke the license and, after appeal, that decision is upheld, the Tribal Gaming Commission shall notify the National Indian Gaming Commission, and where applicable, the State Gaming Agency, of its decision.

14.06. Notice of Concern - Manager and Primary Management Officials. Notwithstanding the foregoing, in the event that the Tribal Gaming Commission obtains reliable information that the duly licensed Manager and/or a Primary Management Official may have breached any provision of this ordinance, the Compact, IGRA or its license, the Tribal Gaming Commission shall issue a Notice of Concern to the licensee prior to any action of suspension or the giving of notice of a revocation hearing with respect to its/their license(s). The Notice of Concern shall describe the alleged breach, shall describe the steps necessary to effect a cure and shall provide the licensee with an opportunity to meet with the Tribal Gaming Commission to discuss the matter. The discontinuance or correction of the alleged breach shall constitute a cure thereof, except where such alleged breach constitutes a criminal violation by the Manager or the Primary Management Official. If the alleged breach is not corrected or discontinued as required herein, then the Tribal Gaming Commission shall institute the notice and hearing procedure set forth above.

14.07. Resolution of Disputes Between the Gaming Public and the Tribe or Managers. Disputes between the gaming public and the Tribe or the Manager of any Gaming Enterprise shall be resolved as follows:

  1. The complaining member of the gaming public shall have the opportunity to present his/her complaint or grievance, verbally or in writing, to the General Manager of the Gaming Facility or a person designated by the General Manager to resolve grievances with members of the gaming public.
  2. If the complaint or grievance is not resolved under paragraph (a) to the satisfaction of the complaining member of the gaming public, he/she may file a written grievance with the Tribal Gaming Commission. The Tribal Gaming Commission shall provide such member of the gaming public with a complaint /grievance form which requests the following information: name, address and telephone number of the complainant/grievant, a description of the circumstances or incident giving rise to the complaint /grievance, the name of the Gaming Facility wherein the incident complained of occurred, the name of the employee(s) involved, the name of the management official to whom the incident was reported pursuant to paragraph (a), and the relief or action requested.
  3. The Tribal Gaming Commission shall review the written grievance within 7 days of receipt. If the Tribal Gaming Commission deems it necessary, it may hold a fact-finding hearing to investigate the complaint/grievance and any employee(s) involved in the incident. If the complaint /grievance involves an alleged violation of any law, this Ordinance or regulation of the Tribal Gaming Commission, the Gaming Commission shall take final action on the complaint /grievance within 30 days of receipt of the complaint/grievance and may issue an order which includes any action authorized under this ordinance.
Section 14.08. Limited Waiver of Sovereign Immunity by the Commission. The Commission hereby expressly waives its sovereign immunity from suit in Tribal Court in the following specific instances:
  1. in any appeal of any licensing decision of the Commission or finding of the Commission pursuant to Sections 14 and 15 of this Ordinance, to the Tribal Court.
  2. in any suit against the Tribe, or any agency or instrumentality of the Tribe, or any official of the Tribe, in which the Commission may be deemed an interested party.

 

Section 14.09. Limited Waiver of Sovereign Immunity by the Tribe. The Tribe, acting through the Tribal Council by enactment of this Ordinance, hereby expressly waives its sovereign immunity from suit in any appeal of any licensing decision of the Commission or finding of the Commission pursuant to Sections 14 and 15 of this Ordinance in which the Tribe may be deemed an indispensable party, to the Tribal Court.


Section 15. Additional Penalties.

15.01. Penalties Authorized. Any individual who violates any provision of this ordinance, including provisions of the Compact or other Class III gaming regulations incorporated herein, shall be subject to civil penalties including exclusion from employment in any Gaming Operation, denial or revocation of any license, exclusion from attendance at any Gaming Facility, exclusion from the Tribe's Reservation if a nonmember of the Tribe, or with respect to any person subject to the jurisdiction of the Tribe, a fine of not more than $5,000.00 for each such violation. Each calendar day that a violation occurs shall be deemed a separate violation. The Tribal Gaming Commission shall have the jurisdiction to impose such penalties on any person or entity within the jurisdiction of the Tribe to impose such penalties.

15.02. Right to Appeal Penalty. No action by the Tribal Gaming Commission to impose a penalty pursuant to this Section shall be valid unless the person or entity affected is given the opportunity to appeal and be heard before the Tribal Gaming Commission and the Tribal Court subject to the procedures set forth in subsection 14.01 and 14.04, concerning appeals or in subsection 14.06 concerning a Notice of Concern, either in person or through a representative or legal counsel, and to submit such evidence as the Tribal Gaming Commission deems relevant to the matter at issue. Notwithstanding the foregoing, if the Tribal Gaming Commission deems it necessary to protect the public interest in the integrity of Indian Gaming, the Tribal Gaming Commission may take such action with immediate effect as it deems required, and shall thereupon provide notice and an opportunity to be heard to the affected person or entity as soon as is reasonably practicable following such action. The person or entity may file an immediate appeal with the Tribal Court of a decision of the Gaming Commission under this Section and the Tribal Court shall hear such appeal within 14 days of its receipt of the appeal.


Section 16. Repealer and Severability.

If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected.

Gaming Ordinance
Ordinance # 97-400-01
Amended - March 25,1999
December 12, 2000
Updated: June 6, 2001(10:36am)


LIQUOR CONTROL ORDINANCE
Ordinance # 98- 400-02

Section 1. General Provisions.

1.01. Title. This Ordinance shall be known as the "Little River Band of Ottawa Indians Liquor Control Ordinance."

1.02. Purpose. The purpose of this Ordinance is to regulate and control the importation, manufacture, distribution, and sale of alcoholic beverages on the Little River Band of Ottawa Indians Reservation.

1.03. Legislative Findings. The Little River Band of Ottawa Indians Tribal Council hereby finds as follows:

  1. The Tribal Council has the authority to adopt this Ordinance pursuant to the powers vested in it by Article IV, Section 7 of the Constitution, approved on July 10,1998.
  2. Federal law prohibits the introduction and sale of liquor into Indian country unless such transaction is in conformity both with the laws of the State in which such act or transaction occurs and with an ordinance duly adopted by the tribe having jurisdiction over such area of Indian country.
  3. The regulation and control of alcoholic beverages on the Tribe's Reservation is necessary to protect the health, security and general welfare of the Tribe.
  4. The enactment of this Ordinance is an exercise of the inherent sovereign powers of the Tribe.

1.04. Declaration of Policy. The importation, distribution, manufacture, and sale of alcoholic beverages on the Tribe's Reservation shall be lawful, provided that such activity is licensed by the Tribe in accordance with this Ordinance and the laws of the State of Michigan relating to the sale and regulation of alcoholic beverages.

1.05. Application of 18 U.S.C � 1161. The importation, distribution, manufacture, and sale of alcoholic beverages on the Tribe's Reservation shall be "in conformity with" this Ordinance and the laws of the State of Michigan as that phrase is used in 18 U.S.C. � 1161.

1.06. Incorporation of Michigan Laws by Reference.

  1. In accordance with 18 U.S.C. � 1161, the Tribe hereby adopts and applies as tribal law those Michigan laws, as amended, relating to the sale and regulation of alcoholic beverages encompassing the following areas: sale to a minor; sale to a visibly intoxicated individual; sale of adulterated or misbranded liquor; hours of operation; and similar substantive provisions, including such other laws prohibiting the sale of alcoholic beverages to certain categories of individuals. The tribal laws that are defined by reference to the substantive areas of Michigan laws referred to in this section shall apply in the same manner and to the same extent as such laws apply elsewhere in Michigan to off Reservation transactions unless otherwise agreed by the Tribe and State.
  2. In the event any provision of this ordinance is in conflict with the substantive provisions of Michigan law adopted and applied pursuant to this Ordinance, the terms of this Ordinance shall govern.
  3. Whenever such Michigan laws are incorporated herein by reference, amendments thereto shall also be deemed to be incorporated upon their effective adoption by the Tribe or the Tribal Council. d. Nothing in this Ordinance shall be construed as a consent by the Tribe to the jurisdiction of the State of Michigan or any of its courts or subordinate political subdivisions or municipalities within the Reservation over any activity arising under or related to the subject of this Ordinance nor shall anything in this Ordinance constitute an express or implied waiver of the sovereign immunity of the Tribe.

 

1.07. Severability Clause. In the event any provision of this Ordinance shall be found or declared to be invalid by a court of competent jurisdiction, all of the remaining provisions of this Ordinance shall be unaffected and shall remain in full force and effect.

1.08. Effective Date. The effective date of this Ordinance is the date the Secretary of the Interior publishes the same in the Federal Register.

Section 2. Terms Defined.

As used in this Ordinance, the following words shall have the following meanings unless the context clearly requires otherwise:

2.01. "Alcohol" means the product of distillation of fermented liquid, whether or not rectified or diluted with water, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes.

2.02. "Alcoholic beverage" or "Liquor" means and spirituous, vinous, malt, or fermented liquid and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing %2 of 1% or more of alcohol by volume which is fit for use for beverage purposes. Alcoholic beverage or Liquor includes the following eight subclassifications: beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink, and mixed spirit drink. Alcoholic beverage or liquor does not include the exceptions set forth in Mich. Comp. Laws �436.4 (Mich. St.Ann. �18.974).

2.03. "Applicant" means any person who submits an application to the Tribe for a liquor license or who applies for or requests a license required by this Ordinance.

2.04. "Beer" means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops, or other cereal in potable water.

2.05. "Constitution " means the Constitution of the Little River Band of Ottawa Indians ratified by the members of the Tribe on May 27,1998, and approved by the Deputy Commissioner of Indian Affairs on July 10,1998.

2.06. "Council" or "Tribal Council" means the elected Tribal Council of the Little River Band of Ottawa Indians.

2.07. "License" means a liquor license issued by the Tribal Council pursuant to this Ordinance. 2.08. "Licensee" means any holder of a valid liquor license issued by the Tribal Council.

2.09. "Manufacturer" means any person engaged in the manufacture of alcoholic beverages.

2.10. "Ogema" or "Tribal 0gema" means the chief executive officer of the Tribe elected by majority vote of the members of the Tribe or the person authorized to perform the duties of the Ogema in his/her absence.

2.11. "Person" means an individual, receiver, assignee, trustee in bankruptcy, trust, estate, tribe, firm, partnership, joint venture, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise.

2.12. "Reservation " means

  1. all lands acquired by the Secretary of the Interior in trust for the benefit of the Tribe;
  2. upon the proclamation of the reservation, all lands within the exterior boundaries of the Tribe's reservation; and
  3. and any all lands made part of the reservation in the future.

2.13. "Sacramental wine" means wine containing not more than 24% of alcohol by volume which is used for sacramental purposes.

2.14. "Sale" means the exchange, barter, traffic, furnishing, or giving away for commercial purposes any alcoholic beverages.

2.15. "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21 % by volume, except sacramental wine and mixed spirit drink.

2.16. "Tribal Court" means the Tribal Court of the Little River Band of Ottawa Indians.

2.17. "Tribal Enterprise" means any activity or business owned, managed, or controlled by the Tribe or any agency, subordinate organization, or other entity of the Tribe.

2.18. "Tribal law" means the Tribal Constitution and all laws, ordinances, codes, resolutions, and regulations now and hereafter duly enacted by the Tribal Council.

2.19. "Tribe" means, and "tribal" refers to, the Little River Band of Ottawa Indians.

2.20. "Wine" means the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than 21 % of alcohol by volume, including fermented fruit juices other than grapes and mixed wine drinks.


Section 3. Licenses

3.01. Licensing Authority of Tribal Council. The Council shall exercise all of the powers necessary to accomplish the purposes of this Ordinance, which may include the following actions:

  1. adopt and enforce rules and regulations for the purpose of effectuating this Ordinance, which includes setting of fees;
  2. execute all necessary documents;
  3. perform all matters and things incidental to and necessary to conduct its business and carry out its duties and functions under this Ordinance;
  4. establish a commission and delegate to such commission the authority to regulate licensees and enforce this Ordinance; and
  5. to establish procedures to issue, suspend, revoke or transfer licenses under this Ordinance.

3.02. Prohibition of Unlicensed Sale of Liquor. This Ordinance prohibits the importation, manufacture, distribution, or sale of liquor for commercial purposes other than where conducted by a person licensed in accordance with this Ordinance. The federal laws relating to the importation, manufacture, distribution and sale of liquor are intended to remain applicable to any act or transaction that is not authorized by this Ordinance, and violators shall be subject to federal law.

3.03. Purchases only from State licensed Distributors. All persons shall purchase spirits, for resale by the person, from the Michigan Liquor Control Commission, and beer and wine from distributors licensed by the Michigan Liquor Control Commission, on the same basis that such beverages are purchased by similar licensees.

3.04. Authorization to Sell Liquor. Any person applying for and obtaining a license under the provisions of this Ordinance shall have the right to engage only in those alcoholic liquor transactions expressly authorized by such license and only at those specific places or areas designated in said license.

3.05. Classes of Licenses. The Council shall have the authority to issue any one or more of the following classes of liquor licenses within the Reservation:

  1. "Retail on-site general license" means a license authorizing the applicant to sell alcoholic beverages at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes hotels where alcoholic beverages may be sold for consumption on the premises and in the rooms of bona fide registered guests.
  2. "Retail on site beer and wine license" means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes hotels where beer and/or wine may be sold for consumption on the premises and in the rooms of bona fide registered guests.
  3. "Retail offsite general license" means a license authorizing the applicant to sell alcoholic beverages at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
  4. "Retail off-site beer and wine license" means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
  5. "Manufacturer's license" means a license authorizing the applicant to manufacture alcoholic beverages for the purpose of sale on the Reservation.
  6. "Temporary license"means a license authorizing the sale of alcoholic liquor on a temporary basis for premises temporarily occupied by the licensee for a picnic, social gathering, or similar occasion.
3.06. Responsibility to Complete Application and Obtain License. Except in the case of an application for a temporary license, the owner of the premises on which liquor is or will be imported, manufactured, distributed, or sold for commercial purposes shall complete a License application and obtain a License for the premises as required by Section 3.05. If the Tribe or a tribal enterprise is the owner of the premises on which liquor is or will be imported, manufactured, distributed, or sold for commercial purposes, the manager or general manager of the premises shall file an application on behalf of the Tribe or tribal enterprise for a license under Section 3.07. In the case of a Temporary License, the person(s) organizing or sponsoring the event for which a Temporary license is required shall complete the License application.

3.07. Application Form and Content. An application for a license shall be made to the Council for consideration at a Regular Meeting of the Tribal Council and shall contain the following information:

  1. The name and address of the licensee, including the names and addresses of all of the principal officers and directors, and other employees with primary management responsibility related to the sale of alcoholic liquor;
  2. The specific area, location, and/or premise(s) for which the license is applied for;
  3. The class of license under Section 3.05 applied for;
  4. Whether the applicant has a state liquor license;
  5. The application shall be verified under oath and notarized by a duly authorized representative.

3.08. Investigation. Upon receipt of an application for the issuance, renewal, or transfer of a license, the Tribal Council shall make an investigation to determine whether the applicant and the premises for which a license is applied for, qualify for a license, shall ensure that the applicant and premises are in compliance with this Ordinance, and shall investigate all matters connected therewith which may affect the public health, welfare, and morals.

3.09. Public Hearing. Upon receipt of an application for issuance, renewal, or transfer of a license, and the payment of all fees if required by regulations promulgated under Section 3.01(a), the Tribal Council may issue a license or set the matter for a public hearing at a Special Meeting of the Tribal Council. Notice of the time and place of the hearing shall be given to the applicant and the public at least twenty (20) calendar days before the hearing. Notice shall be given to the applicant by United States mail, postage prepaid, at the address listed in the application. Notice shall be given to the public by publication in a newspaper of general circulation sold on the Reservation. The notice published in the newspaper shall include the name of the applicant, whether the action involves a new issuance, renewal, or transfer, the class of license applied for under Section 3.05, and a general description of the area where the alcoholic beverage will be or has been sold. At the hearing, the Tribal Council shall hear from any person who wishes to speak for or against the application. The Tribal Council shall have the authority to place time limits on each speaker and to limit or prohibit repetitive testimony.

3 .10. Tribal Council Action on the Application. The Tribal Council shall act on the application within sixty (60) days of receipt of the application or within sixty (60) days of the conclusion of the public hearing if one is held pursuant to Section 3.09. The Tribal Council shall have the authority to deny, approve, or approve with conditions the application. Provided, however, that the Tribal Council shall afford an applicant a hearing on the application before denying or approving with conditions any application. Upon approval of an application, the Council shall issue a license to the applicant in a form to be approved from time to time by Tribal Council resolution.

3.11. Denial of License, Renewal, or Transfer. An application for a license, license renewal, or license transfer may be denied for one or more of the following reasons:
  1. The applicant has knowingly and materially misrepresented facts contained in the application;
  2. The applicant (or premises) is not in compliance with tribal or applicable federal or state laws;
  3. Granting of the license (or renewal or transfer thereof) would create a threat to the peace, safety, morals, health, or welfare of the Tribe;
  4. The applicant has failed to complete the application properly or has failed to tender the appropriate fee; or
  5. If the applicant (or premise) is not in compliance with or does not meet the requirements of Michigan law incorporated as tribal law pursuant to this Ordinance.

 

3.12. Multiple Locations. Separate licenses shall be issued for each of the premises at which liquor is imported, distributed, manufactured or sold.

3.13. Posting of License. Every license shall be posted and kept in a conspicuous place(s) on the licensed premises.

3.14. Transfer of License. Each license issued or renewed under this Ordinance is separate and distinct and is transferable from one licensee to another or from one premises to another only with the approval of the Tribal Council. The Tribal Council shall have the authority to approve, deny, or approve with conditions, any application for the transfer of any license. The transfer application shall contain all of the information required of an original applicant under section 3.07 of this Ordinance. In the case of a transfer to a new premises, the application shall contain an exact description of the location where the liquor is proposed to be sold.

3.15. Term and Renewal of License. All licenses shall be issued on a calendar year basis and shall be renewed annually. The applicant shall renew a license by, prior to the license's expiration date, submitting a written renewal application to the Tribal Council on the provided form, and paying the annual license fee for the next year. License renewals may be issued without a hearing.

3.16. Consent to Tribal Jurisdiction. Anyone who imports, manufactures, distributes, or sells liquor for commercial purposes on the Tribe's Reservation, and anyone who submits an application for a license, shall be deemed to have consented to the jurisdiction of the Tribe and the Tribal Court.


Section 4. License Suspension and Revocation; Inspections; Seizure.

4.01. Suspension or Revocation of License. Whenever it is brought to the attention of the Tribal Ogema, Tribal Council, or any other person, that a licensee (or licensed premises), through action or inaction:

  1. has knowingly and materially misrepresented facts contained in any license application;
  2. is not in compliance with tribal or applicable state and federal laws;
  3. failed to comply with any condition of a license, including failure to pay a required fee;
  4. failed to take reasonable steps to correct objectionable conditions constituting a nuisance on the licensed premises or any adjacent area within a reasonable time after receipt of a notice to make such corrections has been issued by the Tribal Council or its authorized representative; or
  5. if applicable, suspension or revocation of the licensee's Michigan liquor license, proceedings to suspend or revoke a licensee's Tribal license may be initiated in accordance with this Section.

 

4.02. Initiation of Suspension or Revocation Proceedings.
  1. Persons or Entities Authorized to Initiate Proceedings. Suspension or revocation proceedings for any license held by a gaming operation may be initiated by the Tribal Gaming Commission by filing a complaint with the Tribal Council. All other suspension or revocation proceedings may be initiated by the Tribal Ogema or his/her designee, or by any person who files a complaint with the Tribal Council Recorder.
  2. Interim Hearings Commission. Until such time as the Tribal Council creates a regulatory commission vested with authority to adjudicate alleged violations of this Ordinance, suspension, revocation and other enforcement proceedings shall be heard by a Hearings Commission consisting of the Tribal Council Speaker, the Council Recorder, and one (1) other member of the Tribal Council.
  3. Form of Complaint. All complaints shall be in writing and signed by the complainant. The complaint shall state facts showing that there are specific grounds under this Ordinance which would authorize the suspension or revocation of the license(s). If the complaint does not state such grounds, the Hearings Commission shall dismiss the complaint and duly notify the complainant and the licensee.
  4. Notice of Hearing. If the complaint states such grounds, the Council Recorder shall cause the matter to be set for a hearing before the Hearings Commission on a date no later than thirty (30) days from the Tribal Council's receipt of the complaint. Notice of the time, date, and place of the hearing shall be given the licensee and the public in the same manner as set forth in Section 3.09. The notice shall state that the licensee has the right to file a written response to the complaint or resolution, verified under oath and signed by the licensee ten (10) days prior to the hearing date.

 

4.03. Hearing. A hearing held on any complaint shall be held before the Hearings Commission under such rules of procedure as it may adopt. Both the licensee and the complainant shall have the right to present witnesses, testify, and present written documents in support of their positions to the Hearings Commission at such hearing. The Hearings Commission shall render its decision within sixty (60) days after the date of the hearing. The decision of the Hearings Commission shall be final, unless appealed pursuant to Section 5.03.

4.04. Delivery of License. Upon suspension or revocation of a license, the owner of the premise shall return the license to the Recorder of the Tribal Council. In cases involving suspension, the Tribal Council shall return the license to the owner of the premise at the expiration or termination of the suspension period.

4.05. General Penalties. Any person adjudged to be in violation of this Ordinance, including any lawful regulation promulgated pursuant thereto, shall be subject to a civil fine of not more than five hundred dollars ($500.00) for each such violation. The Tribal Council may adopt by resolution a separate schedule for fines for each type of violation, taking into account the seriousness and threat the violation may pose to the general health and welfare of the Tribe, its members and those on Reservation lands. The penalties provided for herein shall be in addition to any criminal penalties which may be imposed under applicable law. Each calendar day during which a violation occurs shall be deemed a separate violation.

4.06. Initiation of Action. The Tribal Ogema or Tribal Council, on behalf of and in the name of the Tribe, may initiate and maintain an action in Tribal Court or any court of competent jurisdiction to abate and permanently enjoin any violation of this Ordinance. Any action taken under this section shall be in addition to any other penalties provided for in this Ordinance.

4.07. Inspection. All licensed premises or any parts used or in any way connected physically or otherwise with the licensed premise, and any premise whether licensed or not used in the importation , distribution, manufacture or sale of liquor shall at all times be opened to inspection by any tribal inspector appointed by the Tribal Ogema. Any licensed premises operated by a person holding a gaming license shall be open to inspection by the Tribal Gaming Commission or any inspector acting on behalf of the Gaming Commission.

4.08. Contraband; Seizure; Forfeiture.

  1. All alcoholic beverages within the Reservation that are stored, held, owned, or possessed by any person, or licensee operating in violation of this Ordinance, are hereby declared to be contraband and subject to forfeiture to the Tribe.
  2. Within thirty (30) calendar days following the seizure of the contraband, a hearing shall be held before the Tribal Court, at which time the licensee or owner of the premises or contraband shall be given an opportunity to present evidence.
  3. Notice of the hearing shall be given to the persons identified in Section 4.08(b) or the person from whom the property was seized, if known, ten (10) calendar days prior to hearing. If the person is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at other public places on the Reservation. The notice shall describe the property seized, and the time, place, and cause of seizure and give the name and place of residence, if known, of the person from whom the property was seized.
  4. If upon hearing, the evidence warrants, or if no person appears as a claimant, the Tribal Court shall thereupon enter a determination of forfeiture and order such contraband forfeited to the Tribe and sold or destroyed forthwith.


Section 5. Sovereign Immunity; Appeals.

5.01. Sovereign Immunity.

  1. The Tribe, and all of its instrumentalities, including, but not limited to tribal enterprises, subordinate organizations, boards, committees, officers, attorneys and agents, are immune from suit in any jurisdiction except to the extent that such immunity has been expressly and unequivocally waived in writing by the Tribe.
  2. Except as provided in Section 5.02, nothing in this Ordinance, and no enforcement action taken pursuant to this Ordinance or otherwise, including but not limited to, the holding of any hearing, the grant, denial, suspension, modification, conditioning or revocation of any license, the filing of suit by the Tribal Ogema or Tribal Council to enforce any provision of this Ordinance or other law, shall constitute a waiver of such immunity, either as to the original action, any counterclaim, regardless of whether an asserted counterclaim arises out of the same transaction or occurrence, or in any other respect.

5.02. Limited Waiver of Sovereign Immunity of the Tribe. The Tribe hereby expressly waives its sovereign immunity from suit in the Tribal Court for the limited purpose of an appeal of any decision of the Tribal Council to grant, deny, modify, or condition a license or of the Tribal Council Hearings Commission to suspend or revoke a license or to impose lines. Nothing contained in this section or this Ordinance or in any express waiver of sovereign immunity by resolution of the Tribal Council relating to the regulation of alcoholic beverages shall be deemed a consent to levy of any judgment, lien or attachment upon any property or revenues of the Tribe.

5.03. Appeal to Tribal Court. A person directly affected by any grant, denial, suspension, modification, conditioning or revocation of any license or imposition of fines under this Ordinance, shall have the right to appeal such decision to the Tribal Court. Any such appeal must be filed with the Tribal Court in writing on or before the thirtieth (30th) day following the decision of the Tribal Council or Tribal Ogema, as the case may be. In any case which has been appealed to the Tribal Court for final action, the Tribal Court shall review all findings of fact and of law of the Hearings Commission on the record and pursuant to an "arbitrary and capricious" standard and shall have power to affirm, modify or reverse the decision. Pursuant to Section 5.02, the Tribal Court may only grant injunctive relief and may not grant damages against the Tribe. The Tribal Court's decision shall be final, and no further appeal may be had.

Liquor Control Ordinance
Ordinance # 98-400-02
Amended - July 10,1999
Updated: June 6, 2001(10:36am)

 

LAW AND ORDER ORDINANCE
Ordinance # 98- 400-03

Section 1. General Provisions.

1.01. Title. This Ordinance shall be known as the "Little River Band of Ottawa Indians Law and Order Ordinance."

1.02. Purpose. The purpose of this Ordinance is to provide adequate provision for administration of justice within the territorial jurisdiction of the Little River Band of Ottawa Indians Reservation where the Tribe retains jurisdiction over Indians that is exclusive of state jurisdiction but where the Tribe has not yet developed its own body of law to exercise that jurisdiction. For purposes of the enforcement of the law and order regulations adopted in this ordinance, an "Indian" is defined as a person who is a member of an Indian tribe which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs, and any other individual who is an "Indian" for purposes of 18 U.S.C.1152-53.

1.03. Legislative Findings. The Little River Band of Ottawa Indians Tribal Council hereby finds as follows:

  1. The Tribal Council has the authority to adopt this Ordinance pursuant to the powers vested in it by Article IV, Section 7 of the Constitution, approved on July 10,1998.
  2. The regulation, control and prohibition of certain activities and conduct on the Tribe's Reservation is necessary to protect the health, security and general welfare of the Tribe, its members, the general public and property on the Tribe's Reservation.
  3. The enactment of this Ordinance is an exercise of the inherent sovereign powers of the Tribe.

1.04. Incorporation of Code of Federal Regulations, 25 C.F.R. Part 11, Subparts C and D by Reference.

  1. The Tribe hereby adopts and applies as tribal law the Subpart C (Criminal Procedure) and Subpart D (Criminal Offenses) of the Code of Federal Regulations, 25 C.F.R. Part 11, providing for Law and Order on Indian Reservations.
  2. In the event any provision of this ordinance is in conflict with the substantive provisions of the Code of Federal Regulations' Law and Order Code provisions adopted and applied pursuant to this Ordinance, the terms of this Ordinance shall govern.
  3. Nothing in this Ordinance shall be construed as a consent by the Tribe to the jurisdiction of any Courts of Indian Offenses established under the Code of Federal Regulations over any activity arising under or related to the subject of this Ordinance nor shall anything in this Ordinance constitute an express or implied waiver of the sovereign immunity of the Tribe.

 

1.05. CFR. Law and Order Code Superceded by Subsequent Legislative Action of the Tribal Council; Amendments. The procedures and regulations established in this Ordinance shall continue to apply to the Little River Band's Reservation until Tribal-specific law and order ordinance is adopted, which by its specific terms, is intended to supercede the provisions of this Ordinance. The Tribe may, by amendment to this Ordinance, prohibit or regulate other activities and conduct by defining additional criminal offenses.

1.06. Accused Person's Right to Counsel. In accordance with Article III, Section 1(f) of the Tribal Constitution, and notwithstanding the provisions of Section 11.303(c), Notification of Rights Prior to Custodial Interrogation, and Section 11.309(c)(2), Arraignments, any person accused of an offense under this Ordinance may represent himself before the Tribal Court, or may be represented, at his/her own expense, by a person duly licensed to practice before the Tribal Court. Persons shall be informed of these rights prior to any custodial interrogation and/or at such person's arraignment conducted pursuant to this Ordinance.

1.07. Criminal Jurisdiction; limitation of actions.
  1. Criminal Jurisdiction. The Tribal Court of the Little River Band of Ottawa Indians shall have jurisdiction over any action by an Indian, as defined in this Ordinance, that is made a criminal offense under this Ordinance and that occurred within the territorial jurisdiction of the Tribe, as defined in the Tribe's Constitution.
  2. Limitation of Actions. Except as otherwise provided in this Ordinance, no person shall be prosecuted, tried or punished for any offense unless the complaint is filed within five (5) years after the offense was committed.

1.08. Publication of this Ordinance. The terms of this Ordinance, together with a summary of the provisions of 25 C.F.R. Part 11, Subpart C and Subpart D, shall be published in the Tribal Newsletter and the terms of this Ordinance, together with the provisions of 25 C.F.R. Part 11, Subpart C and Subpart D in their entirety, shall be posted at all Tribal Offices and buildings.

1.09. Severability Clause. In the event any provision of this Ordinance shall be found or declared to be invalid by a court of competent jurisdiction, all of the remaining provisions of this Ordinance shall be unaffected and shall remain in full force and effect.

1.10. Effective Date. This Law and Order Ordinance shall be effective from the date of enactment.

Law and Order Ordinance
Ordinance # 98-400-03
Adopted - April 22,1999
Updated: June 6, 2001(10:36am)

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Chapter 500 - Environmental

NATURAL RESOURCE COMMISSION ORDINANCE
Ordinance # 96-500-01


I. General Provisions.

A. The Little River Band of Ottawa Indians has determined that it is in the best interests of its members to regulate the wise utilization of Natural Resources within its jurisdiction in order to promote, honor and respect our traditional spiritual and physical relationship with the land and waters and resources on, above, below and within the land and waters.

B. This Ordinance is adopted under the provisions of the Constitution and By-laws of the Little River Band of Ottawa Indians, the governance of which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter as well, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

C. Definitions. In the implementation of this Ordinance, the following terms shall have the meanings set forth:

  1. "Commission" shall mean the LRB Natural Resources Commission consisting of a five (5) member body, as created pursuant to Article II of this Ordinance, with the powers and authority vested therein pursuant to this Ordinance.
  2. "Commissioner" shall mean the individual designated to head of Commission who shall have the powers and authority vested in that office pursuant to this Ordinance.
  3. "Associate Commissioner" shall mean one of the four (4) members of the Commission selected to serve thereon according to Article II of this Ordinance, with the powers and authority vested in such members pursuant to this Ordinance.
  4. "Tribal Council" shall mean the governing body of the Little River Band of Ottawa Indians as recognized in Section 8(b)(2) of Public Law 103-324.
  5. "Valid signatures" shall mean signatures of members of the Little River Band of Ottawa Indians freely given and not obtained through fraud or coercion.
  6. "LRB"shall mean the Little River Band of Ottawa Indians.

II. Natural Resource Commission.
  1. There is hereby created the Natural Resources Commission, which shall consist of five (5) persons selected according to Section C of this Article, which Commission is created for the purposes described in Article I of this Ordinance. The Commission is charged with the oversight and regulation of utilization of natural resources within its jurisdiction and shall exercise the powers and authorities described in Article IV hereof and such other powers and authorities as may be delegated thereto from time to time by the Tribal Council by amendment of this Ordinance or by separate ordinance.
  2. The Natural Resources Commission shall consist of the following persons to be selected according to Section C of this Article:
    1. A Commissioner who shall serve as the Chair of the Commission and shall exercise the duties and responsibilities as set forth in this Ordinance. The Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
    2. Four (4) Associate Commissioners, who shall have the duties and responsibilities as set forth in this Ordinance. An Associate Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
    3. Ex Officio Members, who shall serve in advisory capacities, who shall have no vote, and who shall have additional qualifications as follows: no more than two ex officio members shall serve at any time and such members will be representative of federal, state or tribal resources agencies.
  3. The Commissioner and the Associate Commissioners shall be selected as follows:
    1. Initial Appointment. The Tribal Council shall appoint a Commissioner and two (2) Associate Commissioners who shall serve for full four (4) year terms and two (2) Associate Commissioners who shall serve for two (2) year terms.
    2. Future Appointments. Approximately two (2) years after the initial appointment of the two (2) Associate Commissioners appointed to two (2) year terms, and every four (4) years thereafter, the Tribal Council shall fill such vacancies by appointment. Approximately four years after the initial appointment of a Commissioner and Associate Commissioners to the Commission, and every four (4) years thereafter, at the expiration of the terms of the Commissioner and the other two Associate Commissioners, the Tribal Council shall fill such vacancies by appointment.
    3. At least two (2) weeks prior to any meeting during which future appointments to the Commission will be made, the Tribal Council shall publicize that it will be making such appointments and shall seek applicants for appointment and nominations of individuals to be appointed.
  4. The term of office of the Commissioner shall be four (4) years, and an individual may serve a total of two (2) terms in such capacity, whether or not consecutive. The term of office for Associate Commissioners shall be four (4) years, and an individual may serve a total of three (3) terms in such capacity, whether or not consecutive. Serving a term in the capacity of Associate Commissioner shall not be deemed to be a term as Commissioner.
  5. Immediately upon appointment, the Tribal Chairman shall administer the oath of office to the Commissioner and to the Associate Commissioners, which oath of office shall include a commitment to uphold the Constitution and laws of the Little River Band of Ottawa Indians and to perform faithfully and diligently the duties and responsibilities set forth in this Ordinance and the mandates of all Tribal laws applicable to commercial and subsistence fishing, hunting, trapping and gathering.
  6. Removal from the office of Commissioner or Associate Commissioner.
    1. Grounds for removal of an individual from the office of Commissioner or Associate Commissioner shall include:
      1. Conviction of a felony in Tribal, State or Federal court during a term of office, unless such conviction stems from performance of a legal duty to the LRB;
      2. Fraud, conspiracy to commit fraud or material misrepresentation or malfeasance in the performance of duties and responsibilities under this Ordinance;
      3. Failure to attend three consecutive meetings of the Commission without valid excuse.
    2. Procedure for removal of an individual from the office of Commissioner or Associate Commissioner shall afford all parties all protections guaranteed by the Indian Civil Rights Act, 25 U.S.C.1302, and shall be as follows:
      1. Upon receipt of a petition signed by at least fifty (50) members of the Little River Band of Ottawa Indians, or by two Associate Commissioners or by the Commissioner and one Associate Commissioner, the Chairman of the Little River Band of Ottawa Indians shall call a special meeting of the Tribal Council to deal with a request to remove the Commissioner or an Associate Commissioner.
      2. In the event the Tribal Council determines that a sufficient number of valid signatures are affixed to the petition and that the charges set forth in the petition, if verified, constitute grounds for removal of the Commissioner or an Associate Commissioner from his or her appointed position, the Tribal Council shall set a date for hearing the charges on the petition and shall provide notice to the Commissioner or Associate Commissioner whose removal is being sought.
      3. Notice to the Commissioner or Associate Commissioner whose removal is being sought shall be served no later than two (2) weeks prior to the date set for the hearing, shall include the date, time and location of the hearing, shall attach a full and complete copy of the petition seeking removal, and shall attach a copy of the rules to be followed during the hearing. Upon good cause shown, the Tribal Council may postpone the hearing to a later date. Notice shall also advise the recipient of the availability of Tribal Council subpoena power to require the presence of any witness or the production of any document which the recipient deems necessary in order to attempt to defend against the charges contained in the petition.
      4. The Tribal Council shall also provide copies of the notice to the Commissioner and all Associate Commissioners and to each member of the Little River Band of Ottawa Indians who signed the petition, advising each of them of the opportunity to appear and to present evidence, either in support of the charges against the Commissioner or Associate Commissioner whose removal is sought or in support of the defense of such Commissioner or Associate Commissioner. Any person who has properly signed such petition shall have the ability to request the Tribal Council to issue a subpoena to require the presence of witnesses or production of documents deemed necessary to support the charges contained in the petition.
      5. The Tribal Council shall preside at the hearing of the charges contained in any such petition and shall allow as much time as necessary for the testimony of witnesses and presentation of evidence in support of the charges, as much time as necessary for the testimony of witnesses and presentation of evidence to refute the charges, and such time as the Tribal Council deems appropriate for summary statements and arguments. At any time, the Tribal Council may recess the hearing until a later time certain.
      6. Upon the conclusion of the presentation of evidence and of summary statements and arguments, the Tribal Council shall deliberate in closed session and shall either dismiss the petition or shall remove the Commissioner or Associate Commissioner charged in the petition, upon such findings of fact as may be appropriate. The decision of the Tribal Council shall be read in open session. The decision of the Tribal Council shall be final, and no appeal to any other tribunal shall be available.
      7. In the event a vacancy occurs in the office of Commissioner or Associate Commissioner, by virtue of death, resignation or removal, the vacancy shall be filled in the following manner:
        1. If one year or less remains of the term of office which has become vacant, the Tribal Council shall appoint a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office without seeking applications or nominations therefor.
        2. If more than one year remains of the term of office which has become vacant, the Tribal Council shall comply with the requirements of Article II, Section C(3) prior to appointing a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office.

III. Meetings of the Commission.
  1. Public Informational Meetings. The Commission shall have public informational meetings, to be held at large, centrally located facilities, at least one (1) time per year at such dates, times and locations as may be designated, subject to the following requirements:
    1. The agendas of such meetings shall be informational in nature.
    2. Two (2) Associate Commissioners or the Commissioner and one Associate Commissioner shall constitute a quorum at such meetings.
    3. Substantial time shall be set aside at each such meeting to permit the membership of the Little River Band of Ottawa Indians the opportunity to provide input on any aspect or issue which is relevant to the purpose and authority of the Commission.
    4. Notice of such meetings shall be published in local periodicals wherever concentrations of members reside no later than two weeks prior to such meeting, such notice to set forth the place, date, time and duration of such meeting and the agenda for such meeting.
    5. Complete minutes of such meetings shall be taken and retained, and shall become a part of the legislative history of the Commission.
  2. Regular Meetings. Regular meetings of the Commission shall be held once each month for the purpose of conducting the business of the Commission. Regular meetings will be subject to the following requirements:
    1. Notice of such meetings, including the date, time and location, shall be provided to each member of the Commission at least 14 days prior to the date of the meeting. Notice shall be deemed to be provided upon being sent by telefax.
    2. The Commissioner shall have a vote on all issues to be decided by the Commission, except as otherwise provided for in this Ordinance.
    3. No official action may be taken by the Commission unless a quorum is present. A quorum of the Commission shall consist of the Commissioner and three (3) Associate Commissioners or four (4) Associate Commissioners.
    4. The conduct of Commission meetings shall be governed by Roberts Rules of Order.
    5. Complete minutes of such meetings shall be taken and retained, subject to the exception contained in Section D of this Article, and shall become a part of the legislative history of the Commission.
  3. Special Meetings. Special meetings of the Commission shall be held as needed upon the directive of the Commissioner or any two Associate Commissioners upon receipt of 72 hours notice in writing delivered to all members of the Commission. Notice shall be deemed to be provided upon being sent by telefax. All other provisions applicable to regular meetings shall apply to special meetings of the Commission.
  4. Regular and special meetings shall be conducted pursuant to the following additional rules:
    1. It shall be the standard that all meetings of the Commission shall be open to all members of the Little River Band of Ottawa Indians; however, the Commissioner or a majority of the Associate Commissioners present may direct all or a portion of a regular or special meeting to be closed to everyone except designated participants, when such closed meeting is necessary to deal with personnel issues or to discuss any matters deemed to require a closure.
    2. Minutes of all regular and special meetings of the Commission shall be transcribed, shall be kept on permanent file in the offices of the Commission, and shall be available for inspection by any member of the Little River Band of Ottawa Indians upon reasonable advance notice; provided, however, that as to any closed meeting or closed portion of a meeting, the minutes shall merely reflect that a closure took place.
    3. Minutes of all closed meetings or closed portions of meetings of the Commission shall be transcribed and shall be kept on permanent file in the confidential files of the Commission. Such minutes may be released only upon a majority vote of the Commission explicitly authorizing such release.
    4. Conflict of interest provisions contained in Article VI, Section 6 of the Constitution of the Little River Band of Ottawa Indians, or any successor provision applicable to the Tribal Council, shall apply to this Commission.

IV. Powers and Authorities of the LRB Natural Resources Commission.
  1. The primary responsibility of the Commission shall be to implement the provisions of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members and on Tribal lands and to ensure the protection of the environment and resources within the Little River Band of Ottawa Indians' ancestral lands and waters.
  2. The Commission shall have the following additional powers:
    1. To promulgate rules for the purpose of implementing this Ordinance and any Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
    2. To issue orders and directives not inconsistent with this Ordinances or Tribal Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
    3. To monitor and assess the impact commercial and subsistence hunting, fishing, trapping and gathering activities by Tribal members on the health and diversity of fish, wildlife and plant populations or other natural resources;
    4. To recommend to the Tribal Council, such Ordinances or amendments to Ordinances as may be required to better protect and manage the natural resources impacted by the Tribe;
    5. To adopt, when deemed necessary by the Commission, such emergency and/or interim regulations, including, but not limited to, restrictions on seasons, bag or creel limits, or method of harvest, as may be necessary to protect fish, wildlife and plant populations or other natural resources;
    6. To keep and maintain an up-to-date and accurate list of all persons to whom each type of license or permit has been issued;
    7. To review on an ongoing basis the numbers of each type of license or permit outstanding, with particular emphasis on commercial or special permits which may be outstanding, to determine if it is in the best interests of conservation to continue such permits;
    8. To issue, suspend or revoke licenses, special permits, or other permits contemplated by this Ordinance and for fishing, hunting, trapping and gathering activities. All licensing actions shall be subject to the requirements of the Indian Civil Rights Act;
    9. Subject to ratification by the Tribal Council, to enter into contracts of all types with agencies of Federal, State, local or other Tribal governments, with private parties, including individuals, partnerships, corporations or other enterprises.
    10. To prepare and present to the Tribal Chairman and Tribal Council a budget requesting an appropriation of funds to permit the Commission to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping or gather of natural resources; Provided, However, that the employment of personnel by the Commission shall be subject to the Personnel Policies and Procedures of the Little River Band of Ottawa Indians;
    11. To establish a tribunal consisting of three (3) of which at least one will be a tribal elder, over the age of fifty-five (55) years, for the purpose of conducting such hearings as may be necessary under the provisions of this Ordinance or under the provisions of any other ordinances which this Commission is charged with implementing. Such Tribunal will operate until such time as the LRB creates a court of General or Special Civil and Criminal jurisdiction with due authority of the Tribunal, whereupon the Tribunal shall cease to exist. The Tribunal shall hear appeals from decisions denying the issuance of any license, license suspensions or revocations, allegations of violation of this Ordinance or any ordinance which this Commission is charged with implementing, violation of any rule, regulation or directive issued by the Commission, confiscation of gear or equipment, or any other matter arising under this Ordinance. In establishing such tribunal, the Commission may vest the tribunal with full authority to subpoena witnesses and records, impose penalties and enter judgments of both a legal and equitable nature, provided, however, that the Tribunal shall in all cases adhere to all requirements of the Indian Civil Rights Act, Title 25, United States Code Section 1302.

 


V. Powers of the Commissioner.

The Commissioner shall have the following powers and authorities:

  1. To chair all meetings of the Commission.
  2. To act in all respects on behalf of the Commission between meetings of the Commission, subject, however, to ratification by the Commission of any action taken.
  3. To represent the Commission in all respects whenever it is appropriate for the Commission to be represented.
  4. To serve on other boards or commissions as a representative of the Commission.
  5. To delegate to an Associate Commissioner, or to an employee as appropriate, any of the duties and responsibilities of Commissioner.
  6. To exercise any other authority delegated to the Commissioner by ordinance or by action of the Tribal Council.

VI. Savings Clause.

In the event that any phrase, provision, part, paragraph, subsection or section of this Ordinance is found by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the Little River Band of Ottawa Indians, such phrase, provision, paragraph, subsection or section shall be considered to stand alone and to be deleted from this Ordinance, the entirety of the balance of the Ordinance to remain in full and binding force and effect.

Natural Resource Commission Ordinance
Ordinance # 96-500-01
Adopted - May 5,1996
Updated: June 6, 2001(10:36am)

 

UNIFORM CONSERVATION CODE OF THE OTTAWA AND CHIPPEWA OF NORTHERN MICHIGAN
Ordinance # 96-500-02

Preamble

The Grand Traverse Band of Ottawa and Chippewa Indians, the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) are all parties to the Treaty of Washington of March 28,1836, 7 Stat. 491. In that Treaty the Tribes reserved the right to hunt, fish and gather on the ceded lands and waters. The individual Tribes adopt this uniform Code to exercise their inherent sovereign right to regulate the reserved treaty rights. This uniform Code enables the Tribes to coordinate their efforts to preserve and conserve the resources while promoting pubic safety. The purpose of these regulations is to preserve and conserve the natural resources on and in the lands and waters ceded by the Ottawa and Chippewa in the Treaty of 1836 for the perpetual use, benefit, and enjoyment of the members of the Tribes. These regulations do not apply to the commercial use or regulation of those uses on the Treaty-ceded waters of the Great Lakes, or on Treaty-ceded waters connecting the Great Lakes.


Section 1. Definitions

1.01. Ceded Territory -All lands and waters ceded in the 1836 Treaty as described in Article First, that were not reserved in Articles Second and Third of the 1836 Treaty, Article One of the 1855 Treaty, or are not now otherwise within Indian Country, as set forth below:

Beginning at the mouth of Grand River of Lake Michigan on the north bank thereof, and following up the same to the line called for in the first article of the Treaty of Chicago on the 29th of August, 1821, thence, in a direct line, to the head of Thunderbay River, thence with the line established by the Treaty of Saginaw on the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British Provence of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the Skonawba river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.

 

1.02. Tribe or Tribes - The Little Traverse Bay Bands of Odawa Indians, the Little River Band of Ottawa Indians and the Grand Traverse Band of Ottawa and Chippewa Indians.

1.03. Tribal Members - Enrolled members of one of the Tribes.

1.04. Tribal Court - The Court of one of the Tribes.

1.05. Tribal License - A gathering, hunting, trapping, or fishing License issued by a Tribe to a Tribal member which is valid and current which authorizes him or her to hunt, trap, fish or gather in accordance with the provisions of this Code.

1.06. Personal Use - The use of natural resources for direct personal or family consumption by Tribal members as food, medicine, shelter, fuel, clothing, tools, or transportation; for making or selling handicraft articles including the commercial sale of such articles; or for barter. For purposes of this section, the term:

  1. "Family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis;
  2. "Handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, pottery, drawing or painting, without the use of mass copying devices; and
  3. "Barter" means the sale or exchange of natural resources or parts thereof for personal uses between Tribal members.

 

1.07. Commercial Purposes - The harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting of a natural resource for personal use.

1.08. Endangered Species - Any species of wildlife or plant designated as rare or endangered by the Tribal Council, by the State of Michigan, or the United States Department of the Interior pursuant to 50 CFR Part 17.

1.09. Treaty - The March 28,1836 Treaty of Washington with the Ottawas, 7 Stat. 491.

1.10. Fishing Activity - Fishing for, catching, taking, or attempting to fish for, catch or take, any species of fish from treaty ceded waters, including all related activities which occur in or on the water, or immediately adjacent to the waters edge and in the process of loading or unloading fish, nets, or related gear, in or from a boat or vehicle.

1.11. Targeting - Fishing, hunting, trapping, or gathering activity which has the effect of catching or taking a specific species or several species of fish, wildlife, or plants.

1.12. Enforcement Officer - Any Tribal Enforcement Officer authorized by Tribal law to enforce Tribal conservation regulations, or federal enforcement agents, including Special Agent of the US Fish and Wildlife Service, or other persons deputized by the Tribal Council to enforce these regulations.

1.13. Regulations - These regulations including any subsequent amendments to these regulations and any separate Tribal treaty regulations enacted by a Tribe.

1.14. Game Fish - Brook trout, lake trout, splake, brown trout, rainbow (steelhead) trout, coho salmon, chinook salmon, Atlantic salmon, largemouth bass, smallmouth bass, rock bass, walleye, sauger, northern pike, muskellunge, tiger muskellunge, sturgeon, bluegill, sunfish, crappie, perch, lake whitefish, and round whitefish (menominee), and any other species of fish now or in the future present in the Ceded Territory which may be taken for food or sport.

1.15. Bait fish - non-game fish used for catching other fish.

1.16. Wild animals - all creatures, not human, wild by nature, endowed with sensation, and power of voluntary motion, which includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, insects, and mollusks.

1.17. Game - small game and big game.

1.18. Small game - Ruffed grouse (partridge), woodcock, mourning dove, ring-neck pheasant, cottontail rabbit, snowshoe hair, grey squirrel, black squirrel, fox squirrel, red squirrel, quail, woodchuck, porcupine, sharptail grouse and crow.

1.19. Big game - White-tail deer, black bear, wild turkey, and elk.

1.20. Furbearer - Fur bearing animals including coyote, red fox, grey fox, bobcat, beaver, otter, muskrat, mink, weasel, skunk, raccoon, badger, and opossum.

1.21. Firearm - A weapon from which dangerous projectiles may be propelled by use of explosives, gas, or air as a means of propulsion.

1.22. Bow - A weapon constructed from wood, plastic, metal, or other material with a cord connecting the two ends when bent or strung, and by means of which an arrow is propelled when drawn and released by hand.

1.23. Slingshot - A "Y" shaped device with an elastic strip at the prongs, or one strip of stretchable material
with a pocket on one end, used for projecting stones or other objects,

1.24. Transport or Transportation - Carrying or moving by any vehicle or vessel, causing to be carried or moved or attempting to do so, or accepting or receiving wild animals, plants, or fish, or any parts thereof.

1.25. Safety Zone - Any area within 150 yards (450 feet) of any occupied dwelling house, residence, cabin, camp, cottage, barn, or other building used in connection therewith.

1.26. Cased or encased - Storage of a firearm or bow in any device or case made to contain a firearm or bow so that no portion is exposed.

1.27. Migratory birds - Those birds included in the terms of the convention between the United States and any other country for the protection of migratory birds and for which open seasons are prescribed in these regulations, including ducks, geese, swans, doves, pigeons, rails, coots, gallinules, woodcock and snipe.

1.28. Amphibians and Reptiles - Bull frogs, green frogs, salamanders, snapping turtles and soft shelled turtles.


Section 2. Territorial Jurisdiction.

2.01. This Code shall govern all treaty hunting, fishing, trapping and gathering activities of Tribal members on lands and waters within the Ceded Territory. In addition, this Code is adopted by the Little River Band of Ottawa Indians to govern activities within the Ceded Territory and within Indian Country owned by, or held in trust for, the Little River Band of Ottawa Indians or members of the Little River Band of Ottawa Indians.

2.02. Open Areas. Tribal members may hunt, trap, fish and gather within the Ceded Territory and pursuant to the regulations contained in this Code, only on the following categories of lands and waters:

  1. Lands and waters open to public hunting, trapping, fishing and gathering.
  2. Tribal lands which are open to hunting, trapping, fishing and gathering by Tribal members; and
  3. Private lands including without limitation lands held by non-Tribal members, lands held directly by Tribal members, lands held by Tribal members subject to restrictions on alienation and lands held by the United States in trust for Tribal members, but only with permission from the owner (or restricted fee or beneficial owner), occupant or lessee.

 

The geographic limits of each category of land and water, as defined in this subsection, open to licensed Tribal members shall be determined and delineated by Tribal regulation.


Section 3. Tribal License; Exception.

3.01. Any Tribal member twelve (12) years of age or older, who hunts, traps, or fishes within the Ceded Territory, while having under his/her control or immediate possession any firearm, bow and arrow, slingshot, trapping apparatus, or any other device capable of killing or restraining furbearers or game, shall have in his or her possession a valid and current Tribal License. Any Tribal member twelve (12) years of age or older who fishes or attempts to take any fish, reptiles or amphibians while having under his/her control or in his/her immediate possession any pole, reel, tip-up hand line, trap, seine, dip net or spear, shall have in his or her possession a valid and current Tribal License.

3.02. The License provided for in Section 3.01 shall be required to take, transport, or possess any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts thereof within the Ceded Territory and for the purpose of possessing or using firearms, bows, or trapping devices in the course thereof, provided however, that nothing herein contained shall be construed to allow the violation of any other provisions of the Tribal Code relating to the possession or use of any regulated gear.

3.03. No Tribal member under twelve (12) years of age shall be required to possess a Tribal License to fish, take reptiles or amphibians, or gather vegetation or minerals for personal use or use by his immediate family, however, those persons shall be required to follow all applicable Tribal regulations.

3.04. No Tribal member less than twelve (12) years of age shall be allowed to possess a Tribal License to hunt. Any Tribal member under (12) years of age may be issued a License to trap upon application signed by a parent or guardian provided that the member under 12 may not be authorized or allowed to have a firearm in his/her possession while trapping.
Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan

3.05. A Tribal Member must be at least fourteen (14) years of age to hunt big game with a firearm.

3.06. Any Tribal member who applies for a Tribal License to hunt any small game, big game, or furbearer shall either produce a previous License to hunt or trap from a Tribe or other lawful issuing agent within the State of Michigan or have successfully passed a recognized Hunters Safety Course.

3.07. Any Tribal member under sixteen (16) years of age, while hunting with a firearm, shall be accompanied by an adult who shall have in possession a valid Tribal or state License.

3.08. In addition to the Tribal license required by this section, Tribal members will be required to obtain annual harvest tags in order to hunt or trap certain species.

  1. Annual harvest tags must be obtained from the Tribe in order to hunt deer, bear or wild turkey.
  2. Annual harvest tags must be obtained from the Tribe in order to trap otter, badger and bobcat.

3.09. In addition to the Tribal license required by this section, Tribal members may also be required to obtain and carry in his or her possession, a valid and current Special Use Permit authorizing such member to hunt, trap, fish or gather.

3.10. Tribal License Not Required to Hunt, Trap or Fish Under State Law. Notwithstanding any other provision of this Section 3, a Tribal member is not required to possess a Tribal License to hunt, trap or fish within the Ceded Territory in compliance with the laws of the State of Michigan regulating seasons, bag and creel limits, size or sex of animals harvested, and the gear and methods of harvest, provided that such member has in his or her possession his or her Tribal enrollment card and a photographic identification card. Except for the Tribal License requirements of this Section 3, all other provisions of this Code or any regulations promulgated in accordance with this Code, including requirements prescribing biological assessment of harvest levels, shall remain applicable to a Tribal member hunting, trapping or fishing under this paragraph. No member who has not passed a recognized Hunters Safety Course shall hunt or trap under this paragraph.

3.11. Tribal License Exclusive. No Tribal member who complies with the applicable provisions of this Section 3 regarding possession of a Tribal License, harvest tag, special use permit, Tribal enrollment card and photographic identification card shall be required to purchase or possess a Michigan big game, small game, trapping, or fishing license when hunting, trapping, or fishing within the Ceded Territory, or when transporting or possessing any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts of animals lawfully taken within the Ceded Territory, anywhere in the State of Michigan.


Section 4. Hunting and Trapping; General Provisions.

4.01. It shall be unlawful for any Tribal member to engage in the sale of the flesh of game.

4.02. Furbearers, big game, or small game lawfully taken by licensed Tribal members may be transported within or outside of the Ceded Territory provided that the member shall have a valid and current Tribal License in possession.

4.03. Shooting hours are one half hour before sunrise to sunset Eastern Standard Time (E.S.T.) including migratory birds. Fox, raccoon, and coyote may be hunted after sunset with use of dogs, or game call and artificial lights.

4.04. It shall be unlawful to hunt or pursue any furbearer, small game, waterfowl, or big game with automobile, motorcycle, ORV, airplane, snowmobile, motorboat, or any other motorized or wind powered vehicle or boat.

4.05. No furbearer, waterfowl, small game, or big game may be lawfully taken by use of explosive, drugs, poisons, medicated bait, or other deleterious substances.

4.06. It shall be unlawful to trap or snare big game animals.

4.07. It shall be unlawful to shoot furbearers, small, or big game while they are in the water.

4.08. Traps used for harvesting furbearers shall be either leg-hold, box type, or body gripping (conibear) type. It shall be unlawful to use snares except while trapping beaver, otter, or muskrat in the riparian corridor or submerged in streams or lakes.

4.09. All traps set shall be clearly marked with the Tribal License Number and name of the person who set the trap. All traps must be attended at least every 24 hours.

4.10. All bobcat, otter and badger taken by trap, and all hides, pelts, and furs thereof, shall be clearly marked with the Tribal License Number and the name of the person to whom it belongs within seventy two (72) hours of being taken.

4.11. It shall be lawful for Tribal Licensees to possess, sell, or use for barter, or transport any hides, furs, or pelts of furbearers, big game, or small game lawfully taken, including the sale of the flesh of beaver, raccoon, and muskrat.

4.12. All hides, furs, or pelts of furbearers either shot or trapped shall be presented to a Tribal Enforcement Officer for inspection and registration before they are shipped by common carrier, transported outside the Ceded Territory, or offered for sale or barter.

4.13. All Federal laws and regulations regarding the identification, sale, and transportation of hides, furs, or pelts of any furbearer apply to identification, sale or transportation under this Code.

4.14. It shall be unlawful to transport firearms in any motorized vehicle within the Ceded Territory unless they are unloaded and encased or unloaded in a trunk not accessible from the driver and passenger compartment of the vehicle. Bows must be unstrung or encased while being transported in a motorized vehicle. Muzzleloaders with caps removed or pan empty are unloaded.

4.15. It shall be unlawful to discharge any firearm, arrow, or projectile from a motorized vehicle. Provided, however, that it is lawful to shoot from a motorized boat as long as the motor is not running and foreword momentum has ceased, except for forward motion caused by the water current.

4.16. It shall be lawful to possess, in a humane way during trapping season, one coyote and two fox for the purpose of urine and droppings collection for trapping providing at least one member of the immediate family has a valid Tribal trapping license.

4.17 Seasons and Bag/Harvest Limits. The seasons and bag/harvest limits for taking small game, big game, furbearers, and turkeys, and for trapping furbearers specified in Section 1 shall be as determined by Tribal regulations.


Section 5. Hunting Restrictions.

5.01. No Tribal Member shall use in hunting, pursuing, or killing a wild animal, or to be in possession of in an area frequented by wild animals, any auto-loading or semi-automatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six (6) shells in both the chamber or magazine combined, or use cartridges containing either tracer or exploding bullet.

5.02. No Tribal Member shall use, or be in possession of, a device or apparatus known as a silencer.

5.03. Tribal Members may use a bow and arrow to hunt deer, small game, furbearers, or bear from a tree or portable raised platform except from November 15 through November 30.

5.04. Tribal members may hunt from a portable raised platform or tree with game call for purpose of taking fox and coyote, except November 15 through November 30.

5.05. Unless otherwise specified in this Code or special Tribal regulations, no Tribal Member shall make use of artificial light, cage, net, trap, pit, pitfall, deadfall, snare, drug, poison, chemical, fire, smoke, gas, explosive, or mechanical device other than firearm or bow and arrow for the purpose of harvesting or killing big game or small game animals.

5.06. It shall be unlawful to set or use fire to drive wild animals or to attempt to take wild animals.

5.07. A Tribal Member may use salt and bait to hunt for bear or deer, provided no drugs or poisons are used.

5.08. Any firearm used in hunting big game other than wild turkey shall be a center fire rifle of .223 caliber or larger, muzzle loader of .40 caliber or larger, or shotgun using slug or buckshot.

5.09. Wild turkey may be hunted with a bow and arrow, or shotgun, or muzzle loading shotgun using number four (#4) shot or smaller.

5.10. Bow and arrow may be used to hunt both big game and small game, provided that a broadhead with a cutting surface of 1 inch (1") diameter may be used to hunt big game including wild turkey.

5.11. It shall be unlawful to hunt deer or wild turkey with dogs.

5.12. It shall be unlawful to hunt or trap with a firearm on any lands during daylight hunting hours from August 15 through April 30 unless 1 square foot of hunters orange is worn and visible from all sides. This does not apply to persons hunting waterfowl, crow, wild turkey, predators, nor bow hunters except during firearm deer season.


Section 6. Waterfowl Regulations.

6.01. Any member twelve (12) years of age or older who hunts migratory birds within the Ceded Territory shall have in possession a valid Tribal License.

6.02. No Tribal Member under twelve years of age shall be allowed to possess a Tribal license or hunt migratory birds.

6.03. Offenses.
  1. In addition to the violation of any of the provisions herein contained, or any other hunting regulation enacted now or in the future by a Tribal Council, the acts or omissions described below shall constitute misdemeanors. An Enforcement Officer may arrest a person(s) committing an offense and may seize or confiscate any migratory birds, firearms, bows, vessels, vehicles, and any associated paraphernalia used in hunting at the scene of the offense.
  2. In addition to any punishment provided for upon the conviction of any misdemeanor, or any other offense described herein, or upon conviction for the violation of any regulation now enacted or herein after enacted with respect to hunting migratory birds by the Tribal Council, any person so convicted may have any hunting equipment or paraphernalia in his possession at the scene of the offense permanently confiscated. Also, the above said person(s) is/are subject to fines and incarceration as imposed by the Tribal Court.
  3. It shall be unlawful to:
    1. Engage in any migratory bird hunting without first obtaining a Tribal license.
    2. Use or allow another person to make use of a Tribal license not his/her own.
    3. Engage in wanton destruction of migratory birds.
    4. Fail to make a reasonable effort to recover dead or wounded migratory birds.
    5. Take, possess, or transport, or aid, assist, or abet the taking, possession or transportation, of any migratory bird protected by Tribal or Federal law.
    6. Exceed established limits, or use prohibited means of taking migratory birds.
    7. Hunt while visibly impaired due to the consumption of alcohol or controlled substances.
    8. Refuse to produce a Tribal license or other identification upon request of an Enforcement Officer.
    9. Use fraud or perjury in procuring a Tribal license.
    10. Fail to allow the inspection of any migratory bird or bird part in possession upon demand of an Enforcement Officer.
    11. Harass or interfere with any legal licensed hunter.
    12. Shoot, attempt to shoot, or harm in any way any Endangered Species.
    13. Take migratory game birds with trap, snare, swivel gun, punt gun, battery gun, automatic fired weapon, shotgun with shells longer than 3.5", fish hook, poison, drug, or stupefying substance, or explosive.
    14. Take migratory birds with a shotgun of any description greater than 10 gauge and capable of holding more than three (3) shells, unless it is plugged with a one piece filler which is incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
    15. Use or be in possession of any shot other than steel to take migratory birds; provided, however, that it shall be legal to hunt woodcock with shot rather than steel.
    16. Hunt migratory birds from or by means or use of a sinkbox, or other low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.
    17. Use any rim fire, center fire, or muzzleloading rifle to take migratory birds.
    18. Pursue migratory birds from a motor boat, or any other craft having a motor attached, or sailboat unless the motor is completely off, and/or the sails are unfurled, or by means of any motorized land or air conveyance.
    19. Use any land, water, or air conveyance to drive, concentrate, or disperse migratory birds.
    20. Use or attempt to use bait, or hunt on or near a baited area. Baiting for migratory birds shall mean the use and distribution of any grain, meals, salt, or other feed whatsoever so as to lure or attract such birds; and a place or locale which has been baited may be considered baited for ten days after such bait has been removed. Provided, however, that it shall be legal to hunt migratory game birds in agricultural fields where crops are standing, or have been harvested as a part of normal agricultural operational procedures, or grown for wildlife management, provided that the seeds and grains are not scattered or redistributed once the crop has been harvested.
    21. Violate any Federal law pertaining to 50 CFR Part 20 dealing with hunting migratory birds.
6.05. Biological Monitoring of Harvest. It shall be the duty of the Tribal Biologists and Enforcement Officers working with Federal officials to monitor and sample the Tribal harvest of migratory birds through gamebag checks, patrols, and mail surveys. The harvest of all species shall be reported to the US Fish and Wildlife Service to permit evaluation of the impacts of the Tribal harvest and modify this Code on a seasonal basis. The South James Bay Canada Goose population will be monitored particularly closely, based on band recovery, to assess the impacts of hunting by the Tribes.

6.06. Seasons and Bag Limits. The season and bag limits for the taking of migratory birds shall be subject to the provisions of the Migratory Bird Treaty Act, 16, U.S.C. secs. 703 to 711, and regulations promulgated pursuant thereto set forth at 50 C.F.R. Part 20.


Section 7. Gathering Vegetation.

7.01. It shall be lawful for Tribal Members to gather and use vegetation and minerals for the construction of traditional crafts, handicraft articles, medicines, and food, subject to the following regulations.

7.02. Permission must be obtained from a private land owner prior to gathering on such land.

7.03. For any gathering of vegetative or mineral material a Tribal member must acquire a Special Use Permit from his/her Tribe pursuant to Tribal regulations. Provided, that no permit is required to gather fruit, fungi and nuts.

7.04. It shall be unlawful to gather, collect, or be in possession of any vegetation or parts of any threatened or Endangered Species.


Section 8. Subsistence and Sport Fishing.

8.01. Any Tribal member twelve (12) years of age or older who fishes within the Ceded Territory shall have in possession a Tribal license. No license is required for a Tribal member less than twelve (12) years of age, but all regulations contained in this Code shall apply.

8.02. Methods and Gear Restrictions.

  1. The use of poles, reels, tip-ups, and hand lines is lawful for use while fishing.
  2. Seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet are legal for smelt on the Great Lakes, inland lakes and 100 yards upstream on all tributaries and connecting waters of the Great Lakes.
  3. Bait fish may be taken by traps, seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet.
  4. Individual hook and line fishing is limited to four (4) lines per person with two (2) hooks per line. Ice fishing is limited to eight (8) tip ups and one (1) pole or hand line per licensee.
  5. Fixed ice shanties must have the owner's name, address and Tribal license number permanently affixed on all sides with letters at least two inches (2") high. Shanties must be removed when the ice is unsafe.
  6. Fishing with a spear, bow and arrow, or dip net, is permitted on any streams, lakes and rivers subject to the season, size and creel limits and other restrictions imposed by Tribal regulations and pursuant to a Special Use Permit issued under Section 11 of this Ordinance. Provided that spearing is only permitted for white fish, trout (including steelhead), northern pike, walleye, herring, menominee, suckers, carp, drum, bass, muskellunge, buffalo, salmon and sauger.
  7. A single large or small mesh gill net not to exceed 300 feet in length may be permitted pursuant to a Special Use Permit issued under Section 11 of this Ordinance, except in the St. Mary's River System, a single gill net shall not exceed 100 feet in length; a subsistence fisher is prohibited from tying together single gill nets to form a gang of nets. As used in this subsection, "large mesh gill net" means a gill net having a diagonal stretch measure of 4%2 inches or greater. "Small mesh gill net" means a gill net having a diagonal stretch measure of 2%2 inches through 3 inches.

 

8.03. Restrictions. It shall be unlawful to:
  1. Use explosives, drugs, poisons, lime, medicated bait, or other deleterious substances to take or attempt to take fish.
  2. Drive or harass fish into nets.
  3. Use firearms to take or attempt to take fish.
  4. Use gill nets, trap nets, seines or gorge to take fish, except as allowed for bait fish under section 8.02(C), for smelt under section 8.02(B), or under 8.02(G).
  5. Use a snag hook to take or attempt to take fish.
  6. Destroy or waste of fish.
  7. Harass or impede another fisherman or boater.
  8. Take fish for the sole purpose of egg (spawn) collection.
  9. Take any species of game fish determined to be rare or endangered by the Fish and Wildlife Service or the Tribal Council.

 

8.04. Seasons and Creel Limits for Fish Harvest. The seasons and creel limits for the taking of the various fish species specified in Section 1.14 shall be as determined by Tribal regulations.


Section 9. Amphibians and Reptiles.

9.01. Amphibians. Amphibians may be taken the last Saturday in May through November 15 with no size limit. Not more than fifty (50) of each species shall be taken per day and not more than one hundred (100) of any species may be in possession at any given time.

9.02. Reptiles. Snapping turtles and soft shelled turtles may be taken throughout the year without limitation on numbers. No snapping turtle less than 8" of carapace may be taken.

9.03. Equipment. Taking of amphibians and reptiles may be done by hand, trap, dip nets, seines, and hook and line. Frogs may be speared, but not with artificial light. 9.04. Taking of amphibians and reptiles shall be for personal use only.


Section 10. Biological Assessment and Monitoring.

10.01. To conduct biological assessment, habitat evaluation, or other biological study, upon recommendation of the Biological Services or Conservation Program to the Tribal Council, the Tribal Council may require that furbearers, small game, big game, migratory birds, fish, reptiles, amphibians or the habitats of any of them within the Ceded Territory shall be subject to reasonable biological assessment. The purpose of such
assessment is to insure the long range management of these species and their environs, or to make
modifications, or changes to the existing regulations or any future regulations as necessary to foster such management.

10.02. Monitoring. It shall be the duty of Tribal biologists to monitor all take of game, fish, furbearers, migratory birds, reptiles, amphibians and plants and the natural growth harvest of migratory birds through the receipt of catch reports, through gamebag checks, patrols, jawbone retrieval and mail surveys.


Section 11. Special Use Permits.

11.01 . Except as provided in paragraphs 11.02 and 11.03, nothing in this Code shall prohibit the harvest or use of any natural resource by Tribal members for religious or ceremonial purposes or for consumption by Tribal elders.

11.02. No Tribal members shall harvest out of season a natural resource for religious or ceremonial purposes or for consumption by Tribal elders without a Special Use Permit from the Tribe. It shall be a violation of these regulations to fail to comply with the terms and conditions of any such Special Use Permit.

11.03. In reviewing and taking action on a request for any Special Use Permit, a Tribe shall take into account the biological impact of the harvest and include such terms and conditions as may be necessary to protect the resource and shall ensure compliance with all applicable law.


Section 12. Possession and Use for Religious Purposes.

12.01. No animal shall be taken, or plant or mineral gathered, by any Tribal member for any purpose except as allowed for in this Code or by Special Use Permit issued by a Tribe under this Code.

12.02. Nothing in this Code shall be construed to prohibit the possession or use of any species of plant or animal by a Tribal member for religious purposes.

12.03. If a Tribal member finds a dead eagle, hawk, fur bearer, or any Endangered Species, the member shall report the finding as soon as possible to the Tribal Biological Services or Conservation Department. The member shall leave it and direct the appropriate Tribal authority to the place where the carcass was found. After inspection of the scene, the Tribal Enforcement Officer or any officer deputized by the Tribal Council shall take a sworn statement from the Tribal member regarding the circumstances under which the carcass was found. The Enforcement Officer shall then deliver the carcass to the appropriate Tribal authority for shipment to the appropriate agency.

12.04. Each Tribe shall maintain a repository to keep parts of eagles, hawks, furbearers and any Endangered Species from species either taken in violation of this Code or other applicable Tribal law or acquired pursuant to section 12.03. Tribal members may request in writing animal parts from the repository for religious purposes. Each Tribe will develop regulations to process such requests so that items in the repository can be distributed to Tribal members in a fair and efficient manner. The Tribes may issue possession licenses if needed to protect Tribal members from non-Tribal law enforcement agencies.


Section 13. Offenses.

13.01. In addition to the violation of any of the provisions herein contained, or any other fishing, hunting, trapping or gathering regulation now or in the future enacted by a Tribal Council, the acts or omissions described in section 13.04 constitute misdemeanors. An Enforcement Officer or any officer deputized by a Tribal Council may arrest those person(s) committing the offense and may seize or confiscate any fish, reptiles, amphibians, game, furbearers, hides, vehicles, vessels, firearms, bows, traps, nets, lines, and any associated paraphernalia used in fishing, hunting, trapping or gathering to be turned over to the Tribal Court of the offender.

13.02. In addition to any punishment provided for upon the conviction for violations of any provisions of this Code, or of the violation of any regulation now or in the future enacted with respect to fishing, hunting, trapping or gathering activities by the Tribal Council, any person so convicted may have any fishing, hunting, trapping or gathering equipment or paraphernalia in his possession at the scene of the offense permanently confiscated, and may also be subject to fines and incarceration as imposed by the Tribal Court.

13.03. It shall be no defense in any criminal or civil prosecution under this Code, pertaining to hunting, fishing, trapping, or gathering for a Tribal member to claim a lack of awareness or understanding of law or regulations. A conviction upon a violation of any of the provisions of this Code shall constitute a conviction of a misdemeanor or civil offense.

13.04. It shall be unlawful to:
  1. Engage in any fishing, hunting or trapping without first obtaining a Tribal License, harvest tag, special use permit, Tribal enrollment card or photographic identification card when required under this Code.
  2. Use or allow another person to make use of a Tribal License not his/her own.
  3. Engage in wanton destruction or waste of fish, game, reptiles or amphibians.
  4. Take, possess, or transport, or aid, assist, or abet the same, of any game protected by Tribal Council or Federal law.
  5. Exceed established limits, or use prohibited means of taking game, fish, reptiles or amphibians.
  6. Hunt, fish or trap while visibly impaired due to the consumption of alcohol or controlled substances.
  7. Refuse to produce a Tribal license, permit or other identification upon the request of an Enforcement Officer.
  8. Engage in fraud or perjury in procuring a Tribal license.
  9. Refuse to allow inspection of any game, fish, reptiles, amphibians, hides, pelts, or furs in possession upon request of an Enforcement Officer.
  10. Harass or interfere with any legal licensed person fishing, hunting or trapping.
  11. Engage in any fishing, hunting or trapping without first obtaining a Special Use Permit when the same is required under this Code or by Tribal regulation.
  12. Exceed established limits, or prohibited means of taking game, fish, reptiles or amphibians or violate any other terms or conditions contained in any Special Use Permit.

 

13.05. Any Tribal Member shooting, attempting to shoot, trapping, or attempting to trap, or to harm in any way, any Threatened, or Endangered Species will be held by Enforcement Officers until taken into custody by Federal officials for violation of Federal law.

13.06. Any Tribal Member who is a convicted felon must apply for a variance to possess or use a center fire shotgun or rifle, or handgun under 18 USC � Chapter 44. 922 G1. A Board of Review shall be composed from a member of the Tribal Council, Tribal Law Enforcement Officer, a Tribal Conservation Enforcement Officer, and the Tribal Prosecutor. This does not apply to use of bow and arrow or muzzle loading black powder firearms.


Section 14. Fines and Penalties.

14.01. Any licenses or permits authorized by this Code may be suspended or revoked by the Tribe.

14.02. Any violation of the regulations contained in this Code, or of the regulations established by the Tribe regarding gathering, season, bag and creel limits, or restrictions on method or matter of gathering, or taking, game or fish shall be tried before the Tribal Court under such procedures as are prescribed by the Tribe.

14.03. The following are the minimum penalties for the first offense for a member found guilty of killing, wounding, catching, taking or trapping, or attempting to catch, take, or trap, or possessing any of the following named protected fish, game or furbearers, or any parts thereof in violation of any of the provisions of this Code:

  1. Any Endangered Species or any species determined to be threatened or endangered by a Tribal Council - $1,000.00
  2. Any elk or bear - $500.00
  3. Any deer or wild turkey - $250.00
  4. Any beaver, mink, otter, badger, or bobcat - $100.00
  5. Any rabbit, muskrat, squirrel, or raccoon - $30.00
  6. Any ruffed grouse, woodcock, morning dove, ringneck pheasant, quail or sharptail grouse - $30.00
  7. Any waterfowl - $50.00
  8. Any Sturgeon, Muskellunge, Tiger Muskellunge, or grayling - $100.00
  9. Any Lake Trout, Brown trout, Rainbow trout, brook trout, Largemouth bass, Smallmouth bass, Walleye, Northern pike, whitefish, Menominee whitefish - $50.00
  10. Any fish or game animal not named - $25.00

14.04. Repeat offenders may be fined up to $5,000.00 and/or incarcerated for up to one (1) year, and or lose
hunting, trapping or fishing privileges, at the discretion of the Tribal Court.

Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan
Ordinance # 96-500-02
Amended - January 26,1997
Updated: June 6, 2001(10:36am)


SOLID WASTE ORDINANCE
Ordinance # 96-08

1. Dumping Prohibited. It shall be unlawful for any person, firm, corporation or government entity to place, leave, dump or permit the accumulation of solid waste, including (but not limited to) garbage, rubbish or trash within any building or on any premises within the boundaries of the reservation, except in garbage cans and other containers for the purpose of collection by an authorized collection agency or at an approved disposal site. It shall also be unlawful for any person, firm, corporation or government entity to cause any action prohibited by this section.

2. Permit Required. No person, firm, corporation, or government entity may operate a landfill or sold waste disposal site or operate a solid waste collection system unless he has obtained a permit for such operation from the Natural Resource Commission of the Little River Band of Ottawa Indians.

3. Civil Offenses; Penalties. Any person, firm, corporation or government entity who violates this ordinance shall be fined a minimum of $250.00 per offense or be subject to imprisonment in jail, or both upon conviction in Tribal Court of the Little River Band of Ottawa Indians. In addition, any person, firm, corporation or government entity in violation of this ordinance may be required to fulfill a community service period, during which they will assist in collection of trash and litter on the Reservation.


Solid Waste Ordinance
Ordinance # 96-08
Adopted - September 8,1996
Updated: June 6, 2001(10;36am)



ESTABLISHING INTERIM LAND-USE RESTRICTIONS FOR TRIBAL LANDS, DESIGNATING CERTAIN
TRIBAL LANDS AS "CLOSED" TO NONMEMBER USE, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THAT PROHIBITION

WHEREAS, the Little River Band of Ottawa Indians is a federally recognized tribe, as reaffirmed under P.L. 103-324, enacted on September 21,1994, with property rights secured to it under the 1836 Treaty of Washington (7 Stat. 491) and the 185 5 Treaty of Detroit (11 Stat. 621); and

 

WHEREAS, the Little River Band of Ottawa Indians is descended from, and is the political successor to, Grand River Ottawa Bands which were signatories of the 1836 Treaty of Washington (7 Stat. 491), as reaffirmed under P.L.103-324, enacted on September 21,1994; and

 

WHEREAS, the Tribal Council, pursuant to Article IV, Section 7(a) of the Tribal Constitution, is invested with the inherent power to govern the conduct of members of the Tribe and other persons within its jurisdiction; and

WHEREAS, the Tribe, as an incident of its inherent sovereignty, is entitled to exclude non-members from Reservation lands over which the Tribe exercises jurisdiction, or to permit nonmembers to access Tribal lands subject to terms and conditions that are prescribed by the Tribe; and

 

WHEREAS, Tribal lands have been designated for public uses and purposes, including: the Little River Casino Resort and Tribal Governmental Offices; and

 

WHEREAS, certain Tribal lands have been opened for camping, hunting, trapping, gathering and fishing activities by Tribal members; and

 

WHEREAS, the Tribal Council has, pursuant to Resolution No. #00-0925-01, authorized the Natural Resource Commission to issue Special Trespass Permits to certain nonmembers, who are "immediate family" of Tribal Members; and

 

WHEREAS, the Tribal Council finds that, in absence of a comprehensive system of land-use regulations and controls, there is a need to establish land-use restrictions on Tribal lands, and that a general prohibition of nonmember use of, or access to, Tribal lands, is necessary to protect the public welfare, peace and safety of the Tribe and Tribal members.

 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Little River Band of Ottawa Indians hereby adopts the following land use regulations for Tribal lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians:

  1. Designation of "Open" and "Closed"Areas. The following lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians, are declared to be "Closed" to the general public:
    1. All trust and fee-owned lands of the Tribe within Mason County;
    2. All trust and fee-owned lands of the Tribe within Brown and Dickson Townships in Manistee County;
    3. All trust and fee-owned lands of the Tribe Within Manistee Township and the City of Manistee, with the exception of the following properties:
      1. Little River Casino Resort buildings and parking areas;
      2. Tribal Administrative Offices;
      3. Little River Band Community Center;
      4. Little River Health Center;
      5. National City Bank Building;
      6. Natural Resource Commission/Gaming Commission Offices in Eastlake; and
      7. Pow-Wow Grounds during announced events open to the public.
  2. Authorized Uses by Tribal Members. All "Closed" areas designated in paragraph (a) of this Resolution shall be open to use by Tribal members and "immediate family", as defined in Resolution No. #00-0925-01, for the purpose of camping, hunting, trapping, gathering, fishing and hiking off, provided those persons possess all license(s) and pen-nits required for such activities.
  3. Violation of "Closed "Area Limitations. Any person who is not eligible to possess, and does not possess, a Special Trespass Permit issued under the authority of Resolution No. #00-0925-01, and who enters upon trust or fee-owned lands of the Little River Band of Ottawa that have been declared "Closed" under this Resolution, other than agents, employees or sub-contractors of the Tribe acting in the course of their employment or contractual duties, shall be deemed in a trespass.
  4. Enforcement of "Closed "Areas. In enforcing the prohibition against nonmember use of, or access to, Tribal lands, Tribal Law Enforcement Officers shall provide unauthorized persons with a "written warning" for violations occurring after the effective date of this Resolution. Persons trespassing upon Tribal lands after receiving a "written warning" shall be deemed to have committed an "intentional trespass" and shall be cited for a civil infraction and shall forfeit a minimum of $250.00 and any equipment used in connection with such violation may be subject to forfeiture. The Tribal Prosecutor, or any duly sworn Tribal Law Enforcement Officer, is authorized to commence proceedings on any civil infraction by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the requirements of this Resolution and Resolution No. #00-0925-01, the substance of the violation alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he/she is commanded to answer.
  5. Publication of "Closed "Area Limitations. The Tribal Council Recorder and Natural Resource Commission shall publish notice of the general prohibition against nonmember trespass on Tribal lands, together with the penalties prescribed for any trespass, in newspapers of general circulation in Manistee and Mason Counties.
  6. This Resolution shall take immediate effect and shall remain in full force and effect until expressly repealed or modified by subsequent Resolution or Ordinance.
  7. The Tribal Ogema shall be authorized to promulgate any rules and regulations as may be necessary to implement this Resolution.
  8. Severability. If any section, or any part hereof, of this Resolution or application to any party, person or entity in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of this section or part of this Resolution shall not be affected and shall remain in full force and effect as though no section or part has been declared invalid.

Establishing Interim Land use Restrictions for Tribal Lands, Designating Certain Tribal Lands as "Closed" to Nonmember Use, and Prescribing
Penalties for Violations of That Prohibition
Resolution # 00-1006-01
Adopted - October 6, 2000
Updated: June 6, 2001(10:36am)

Back to Table of Contents

 

 

Chapter 600 - Employment

PERSONNEL POLICY MANUAL: TRIBAL GOVERNMENT OPERATIONS

Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and Employees may be discharged as such without cause.

Revised Edition - Council Approval April 24, 2000 Reprinted Oct. 15,1998


General Comments for Orientation

Please read the approved Personnel Policies manual at your earliest convenience. It is the official policy of the Tribe. These comments are just an informal orientation to the way we do things.

There are parking spaces available to each office on a first-come first-served basis. If you do not have a handicapped permit, be careful to avoid parking in a handicapper space. The Tribe will not be responsible for any parking tickets.

Unless otherwise arranged, all employees are expected to work from 8:00 a.m. through 5:00 p.m., with an hour off for lunch. If you expect to be late for work, call your supervisor as soon as possible.

For better service to our membership, be sure to let the receptionist know when you are not available (such as at lunch time). Each office is expected to have someone answering the telephones during lunchtime.

Because of the number of phone calls received, the receptionist may not be able to announce your phone calls to you. This means that you might be talking to a member, client, vendor, or anyone from the general public when you pick up your phone. Be careful to be polite at all times, and please identify yourself. A suggested opening line is, "Good morning, this is (your name). May I help you?" (As opposed to just answering, "Hello?"). Also, please try to answer the telephone before the fourth ring - even if it is not your phone.

Telephones are provided for business purposes. If you must make a personal call, please keep it short. Long distance calls should be billed to your home phone or your own phone credit card, not to the office: we do not want to bill you or withhold from your paycheck.

The copy machines are provided for business purposes. Each program pays for its copies on a per-copy basis, according to a log of copies made which is kept at each copy machine. Copies for personal use are allowed on a limited basis: please do not abuse this privilege.

Information about our employees is expected to be kept confidential. This includes a person's whereabouts (meeting, doctor's office, barbershop, restroom!), their home phone number, marital status, address, etc. If someone is calling for a reference, turn the call over to the office manager or the Tribal manager who will notify the employee of the inquiry and obtain permission before giving out any data.

Paychecks are normally written on Monday to pay for the previous week, which ends on Friday. The personnel policy allows the paychecks to be written later, but they are written earlier for your convenience. In exchange, you are expected to prepare time sheets for approval by your supervisor on Friday afternoon. Failure to submit a time sheet in a timely fashion may result in your waiting until the next Monday for your paycheck.

Be sure to review the purchasing policies and procedures if you need any materials. Note that only the purchasing agent (office manager) is allowed to order goods to be charged to the Tribe. You may not incur expenses on behalf of the Tribe without approval from the purchasing agent. This includes photo finishing, office supplies, and any other items. If you receive calls from vendors trying to get you to order any kind of goods or services (light bulbs, copier toner, letterhead, business cards, pens, paper, fire extinguishers, long distance service, and cleaning supplies are some of the more notorious items), refer the calls to the purchasing agent or the controller.

Pre-approved expenses, which are incurred in the course of your employment, are normally reimbursed once a week with your paycheck, assuming that the check request was received in the accounting office in a timely fashion. The Tribal Manager may approve an unscheduled payment for you if necessary, but you might need to hand-deliver the check to a check-signer yourself. This means that you might need to justify the unscheduled payment personally to the Tribal Council member.

If you find yourself in possession of an invoice from a vendor or some other item that requires payment by the Tribe, be sure to turn it over to the office manager as soon as possible. It reflects poorly on the organization if bills are unpaid because they are lost.

Please avoid handwriting envelopes and correspondence, and familiarize yourself with the US Postal Service standards for addressing envelopes. While all employees are expected to have the necessary skills to prepare their own correspondence, we would rather help you write a letter or report than have you submit a substandard document to the outside.

If you need help filling out expense reports, check requests, time sheets, or other forms, please contact the controller for assistance. You may also contact him or the office manager for assistance in the use of computers, printers and other office equipment.

 

CHAPTER I

Reprinted Oct. 15,1998

Introduction

1.1. Tribal History

The Little River Band of Ottawa Indians are the descendants of and political successors to nine historical Ottawa bands whose leaders were signatories to the Treaties of March 28,1836 and July 31,1855. Our people have existed in Michigan from historical times to the present within separate autonomous bands that inhabited a territory extending from the Manistee River South to the Grand River in the Western Lower Peninsula of Michigan.


1.2. Purpose

This manual defines the policies and procedures for employment with the Little River Band of Ottawa Indians. These policies and procedures are designed to promote a better understanding of the rights, privileges and responsibilities of employment with the Little River Band. They are also intended to establish a merit-based, uniform system for personnel administration that is designed to promote the quality and efficiency of service for the Tribal government and its members.

The policies set forth in this manual are not intended to create contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the LRBOI and any of its employees.


1.3. Authority

The following policies and procedures have been authorized by the Tribal Council of the Little River Band of Ottawa Indians, and shall apply to all positions in the Tribal government. This manual was adopted by Tribal Council action on December 14,1997, and is in effect until the Tribal Council directs otherwise.


1.4. Amendment

The Tribal Council may, at any time, abolish, change or otherwise amend these policies and procedures. Any such action will be posted, with its effective date and written notice shall be given by the Tribal Council to every employee.


1.5. Organization and Administration

The Tribal Council of the Little River Band of Ottawa Indians is authorized to represent and provide leadership responsibilities on behalf of the Tribe's members, according to the terms and limitations defined in the Tribal Constitution.

The Tribal Council has delegated the Tribal Manager to implement and administer these personnel policies and procedures. The Tribal Manager is responsible for day-to-day administration of Tribal programs and services, and for carrying out any and all administrative duties as may be delegated by the Tribal Council. At some future date, the Tribal Council may authorize the appointment of a Personnel Director to administer these policies and procedures.


1.6. Scope

All policies and procedures in this document apply to all classified Tribal positions. The classified service shall include all positions except those listed below:

  1. Tribal Council members and other Tribal officers elected by popular vote and persons appointed to fill vacancies in such elected offices.
  2. Individuals or organizations hired by the Tribal Council under contract.
  3. Tribal judges when acting in an official capacity.
  4. Employees of Tribal business enterprises.

 

CHAPTER II

Reprinted June 22,1999

Recruitment, Selection and Appointment

2.1. Policy

It shall be the policy of the Little River Band of Ottawa Indians (LRBOI) to recruit and select the most qualified persons for employment. Recruitment and selection will be conducted to provide open competition and equal employment opportunity.


2.2. Nondiscrimination

Except as stated in Section 2.3, it shall be the policy of the Little River Band of Ottawa Indians to prohibit discrimination in recruitment, selection, appointment, training, including apprenticeship, compensation, promotion or transfer, discipline, retention or any other aspect of personnel administration because of political or religious affiliation, marital status, race, national origin or other non-merit factors. No person shall be discriminated against because of age, sex, or physical disability in any conditions of employment except where age, sex, or freedom from physical disabilities constitute a bona fide occupational qualification.


2.3. Indian Preference Act

Purpose: In accordance with provisions of the Indian Preference Act (Title 25, US Code, Section 472 and 473), the Little River Band of Ottawa Indians has established a Native American Preference Policy, which requires that preference in employment and promotion be given first to enrolled Tribal members. In order to receive this preference, individuals must provide documentation or proof of Tribal enrollment at the time of application and must be determined to meet the minimum qualifications for the position(s) identified in the job description(s). Tribal members wishing to take full advantage of the employment preference accorded under this provision must fully and accurately inform Little River Band of Ottawa Indians of their enrollment status and qualifications at the time of application and on an ongoing basis. The next order of preference will be given to children and spouses of enrolled members of the Little River Band of Ottawa Indians. Preference is next given to enrolled members of other Indian Tribes.

Definitions:

"Descendants " means those persons who are the biological issue of an ancestor who is an enrolled member of the Little River Band of Ottawa Indians; namely, the children, grandchildren, etc.

"Employment" includes but is not limited to, the recruitment, hiring, promotion, transfer, training, upgrading, reduction-in-force, retention and recall of employees. "Employment Preference" means a preference given to Tribal members, a Tribal member's spouse and descendants, or other Native Americans in employment decisions when choosing between two or more applicants or employees possessing the necessary qualifications for a position. Application of the Employment Preference requires that a position, promotion or training opportunity. In administering this policy, no allowances will be made for members who fail to perform their required duties and seek to utilize tribal preference to escape discipline. All promotions and transfers of existing employees will be based upon employees' qualifications and work record, along with the Employment Preference. Tribal members with good past work records will be selected for open positions for which they qualify over tribal members with poor past work records. Employees who left the organization on good terms may be considered for re-hire before those with unknown or less than satisfactory past work records.

"Equal prospect of Success in a Position" means that two or more candidates can successfully perform the responsibilities associated with a position, as defined in the job description for that position. Unless the "necessary qualifications" established for a position requires the applicant to possess certain degrees, licenses or experience immediately as of the date of hire, the term "equal prospect of success in a position requires that preference be given to Tribal members who can reasonably be expected to successfully perform the responsibilities associated with the position within a reasonable period of time following his/her date of hire. In general, it is expected that persons hired for any position will obtain the skills necessary to fully assume the responsibilities associated with a position before the end of his/her 90-day probationary period.

"Necessary Qualifications" means those job-related qualifications which are essential to the performance of the basic responsibilities designated for each employment position, including any essential qualifications concerning education, training, and job-related experience, but excluding any qualifications relating to ability or aptitude to learn and perform responsibilities in other positions.

Recruitment: To the extent practical given the available funding for this purpose, the Tribe's Human Resource Department shall develop and maintain a list of Tribal members employment and education histories so that qualified Tribal members can be targeted in recruitment efforts. The Tribal Human Resource Department shall consult with the Tribe's Education Department to identify Tribal members with education or experience which relates to positions being filled. Every reasonable effort shall be made to assure notification of all Tribal member households of all open positions through the Tribal newsletter or direct mailings. If no Tribal members apply for a particular position open and implement additional steps to recruit Tribal members.

The efforts undertaken, the time periods allowed for such efforts and the results obtained from such efforts undertaken to recruit Tribal members for all positions shall be documented by the Human Resource Department and reported to the Tribal Ogema and the Council at least every six (6) months.

Application of Preference: When two or more candidates possess the necessary qualifications for a position and appear to have an equal prospect of success in the position, the following hierarchy shall be applied in administering the employment preference established by this Act:

  1. Enrolled members of the Little River Band of Ottawa Indians;
  2. Spouses and descendants of enrolled members of the Little River Band of Ottawa Indians;
  3. Enrolled members of other federally-recognized Indian tribes and other Native American persons with at least one-quarter Indian blood;
  4. All other persons.

Each applicant wishing to claim entitlement to the employment preference established by the policy has an obligation to provide the Human Resource Department with documentary proof of Tribal enrollment, status as a Descendant, or Indian blood quantum at the time of application.


2.4. Nepotism

Preferential consideration will not be extended to applicants based on family ties to past or current employees or Tribal Council members. No employee, Tribal Council member, or committee member may participate in the screening, interview, or actual selection of an immediate family member or member of the same household. The term "immediate family" for any purpose shall be defined as follows:

Spouse
Father
Mother
Sister
Brother
Children
Foster Children
   
Father-in-law
Mother-in-law
Sister-in-law
Brother-in-law
Step Children
Grand Parents
Grand Children

 


2.5. Recruitment and Hiring Process

The Tribal Human Resource Director will be responsible for the recruitment of candidates and posting of job opening.

The recruitment process for all positions shall begin with the review, revision, or development of a written job description. All positions shall be posted in a prominent place in the reception area of each of the Tribe's offices.

A notice for the position shall be sent to other Michigan Indian organizations and tribes by mail or facsimile. If, in the Human Resource Director's discretion, advertisement in newspapers will assist in the recruitment process, the position may be advertised for a minimum of three (3) days in papers selected by the Human Resource Director. The advertisement shall also be placed in the next Tribal newsletter and/or job hotline or a special notice may be mailed to all Tribal households.

All advertisements and notices may contain a description of the job, requirements and qualifications. All applications will be returned to the Tribal office for processing.

The Human Resource Director shall create a selection committee to review applications, interview selected candidates, and rank the top applicants. This committee shall consist of not less than three (3) persons, including the Human Resource Director and/or Tribal Manager, the supervisor for the open position, and one Elder selected at random from the Elders pool.

The selection committee shall determine which applicants will be interviewed, and the members of the selection committee shall schedule and perform the interviews as a group. Upon completion of all interviews, the selection committee shall determine which of the applicants ranked best, second best, and third best (if at least three interviewed). Only those applicants whom the selection committee would recommend offering the position shall be ranked. If, following completion of all interviews, the selection committee believes that none of the applicants should be offered the position, the selection committee should inform the Human Resource Director of that fact and the position may be re-advertised.

The Human Resource Director shall offer the position to the highest-ranking applicant recommended by the selection committee. If the highest ranking applicant is unable or unwilling to accept the position, the Human Resource Director shall proceed to the second-highest, and then the third-highest ranking applicant.

If none of the three highest ranking applicants is able and willing to accept the position, the recruitment process shall start again, beginning with review, revision or development of the job description.

If the applicant hired for the position vacates the position within 120 calendar days of his/her start-date, the Human Resource Director may offer the position to the second or third highest ranking applicant without starting the recruitment process over. The Human Resource Director may, however, elect to start the recruitment process over, in which case all previous applicants will be included in the pool of applicants.


2.6. Application for Employment

Persons seeking employment with the LRBOI must submit a resume and/or complete an employment application to the Tribal Office, in the care of the Human Resource Director. All applications and resumes shall be maintained in an active file for a minimum of six months. After this period applicants must reactivate the application for each announced vacancy.

The LRBOI shall rely upon the accuracy of information contained in the applicant's employment application and resume, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the employer's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.


2.7. Character Investigations

All positions within the LRBOI will require a character investigation, including criminal history check and reference check. Hiring and continued employment in these positions is contingent upon meeting the standard of character the Tribe has adopted.

The Tribe will conduct an investigation of the character of each individual who is employed, or is being considered for employment by the Tribe in a position that involves regular contact with, or control over children in accordance with Public Law 101-630. This investigation will, at a minimum, require that a criminal background check be conducted by the tribal official(s) designated to receive and be responsible for the results of fingerprints checks described below. The tribal official(s) designated to receive and be responsible for the conduct of fingerprint checks, criminal history checks and reference checks shall be specified by resolution of the Tribal Council and the names of such person(s) shall be attached to each application for employment.

The standard of character the Tribe has established includes that no person has been found guilty of, or entered a plea of nolo contendere, or guilty to, offenses under federal, state or Tribal law involving crimes of violence; sexual assault, molestation, exploitation, prostitution, or child sexual misconduct, or crimes against persons.

All applicants for, and current employees in, such positions must sign a release of information form to authorize the release of any criminal activity on record to the Human Resource Director. The suitability of each applicant proposed for hire shall be determined in accordance with the following procedures.

(a) Suitability Adjudication Process
  1. Purpose of Suitability Adjudication's.The adjudicative process involves an assessment of past and present conduct as it may indicate probable future actions with adverse impact on the efficiency of the interest of the Tribe or Tribal Organization and Public Law 101-630, Indian Child Protection and Family Violence Prevention Act.
  2. Criteria for Suitability, Standards. The assessment is made to establish a reasonable expectation that the employment or continued employment of a person either would or would not promote the efficiency of the Tribe or Tribal Organization. This determination is based on considerations of whether the conduct of the person indicates a potential for behavior which would interfere with, prevent, or otherwise impact adversely on (1) the performance of the person in the position applied for or employed in; (2) the accomplishment of the duties and responsibilities of others in the Tribe or Tribal Organization; or (3) the ability of the employing agency to fully and effectively carry out their mandated responsibilities.
  3. Determination Factors for Suitability Standards. In determining potential impact on the efficiency of the service, two issues are considered: (1) whether the conduct in question indicates a potential for inadequate or reduced accomplishment of specific duties; and (2) whether the conduct indicates any immediate or long-term risk for abuse of the trust in carrying out the responsibilities of the position. Conduct paralleling any of the following factors may be considered as a basis for disqualification under this criteria:

 

    1. Delinquency or misconduct in prior employment;
    2. Criminal, dishonest, infamous or notoriously disgraceful conduct;
    3. Intentional false statement or deception or fraud in examination or appointment;
    4. Habitual use of intoxicating beverages or excess; or
    5. Abuse of narcotics, drugs, or other controlled substances.

Additional consideration. In making the suitability determination of responsible officials shall consider the following additional factors to the extent that these factors are deemed pertinent to the individual case.

  1. The kind of position for which the person is applying or in which the person is employed, including its trust risks;
  2. The nature and seriousness of the conduct;
  3. The circumstances surrounding the conduct;
  4. The recency of the conduct;
  5. The age of the applicant or employee at the time of the conduct;
  6. Contributing social or environmental conditions; and
  7. The absence or presence of rehabilitation or efforts toward rehabilitation.

4. Basic Steps in the Suitability Adjudication Process

  1. Review all available material - SUBJECT'S application, investigative reports, Reference Check, etc.
  2. Check to see if the level of investigation scheduled correlated with the requirements for that position. A local law enforcement check shall be required for all positions. For all positions involving contact or control over children, the investigation must comply with the standards prescribed by Pub. Law 101-630.
  3. Identify the issues raised in the investigation.
  4. Determine if there is enough information in the file to adjudicate the issues raised.
  5. If there is not enough information in the file to make a adjudication, determine where the additional information can be obtained and schedule accordingly. (EXAMPLE: further information can be obtained from the SUBJECT, local law enforcement checks, local credit checks, etc.
  6. Consider mitigating (additional considerations) factors before making an adjudication decision.
  7. Confront the SUBJECT with the issues developed through an interview or correspondence to obtain the SUBJECT'S comments.
  8. Make a decision on all the facts of the case to determine if the SUBJECT is suitable for appointment to or continued employment in the position.
  9. If the SUBJECT is denied the appointment to or continued employment in the position they should be advised of the final suitability decision.
  10. In-house procedures including union contracts, personnel procedures, etc., should be checked to make sure that the employee's rights are not violated.
5. Designation of and Responsibilities of the Adjudicator
  1. For all positions (employee or volunteer) covered by Public Law 101-630, Indian Child Protection and Family Violence Prevention Act, Section 408, Character Investigations, only those persons designated to receive to receive and be responsible for the results of Bureau of Indian Affairs/Federal Bureau of Investigation Fingerprint/Character investigations may serve as adjudicator. In all other cases, the Tribe's Human Resource Director, or his/her designee, or the Assistant Tribal Manager shall serve as adjudicator.
  2. The adjudicator must have an appropriate background investigation, been found suitable and have a need to know. (EXAMPLE: an adjudicator should not read the investigative file on a coworker without a need to know.) The adjudicator should have a balanced, unbiased approach in the review of all investigations. A subordinate should not adjudicate his/her immediate supervisor's case, also there are potential problems if the adjudicator personally knows the SUBJECT. Potential conflicts of interest should be avoided.
6. Procedures for Handling Rep s of Investigation
  1. All reports of investigation should be treated as confidential material for their mailing and storage. When reports are mailed they should be wrapped in double envelopes with the inside envelope marked "Security Sensitive." Investigative reports should be stored in a locking file when not in use.
  2. The investigative reports should be mailed directly to the individual designated as the responsible adjudicator.
  3. If the background investigation is on the designated official responsible for adjudication, the name of the adjudicator should be specified on the envelope to insure that unauthorized individuals do not see it.
  4. The designated adjudicator should have their files appropriately stored in the custody of the Human Resource Director for the Tribal Government. The designated adjudicator should not have access to his/her own file. Double wrap envelopes should be used to contain security files of the adjudicative staff personnel. Initial and date the envelope when sealing it.

 

7. Adjudicative Process
  1. Through the use of adjudicative guidelines, the same standards and consistency are applied in handling cases. This standardization protects the rights of the SUBJECT and helps to avoid cultural and personal bias in the adjudication process.
  2. If serious questions are raised about the mental and emotional stability of the SUBJECT, consider the use of a medical referral
  3. Document everything, including telephone calls from the SUBJECT.
  4. Document the security file when the individual resigns, retires or transfers to another position that does not require the investigations.
  5. Keep the security file in chronological order.
  6. Regarding issues raised - How was the adverse information developed? Did the SUBJECT try to hide this information or was it admitted?
  7. Prepare an adjudication summary sheet to be retained in the security file.
  8. Prepare a certification which included the investigation date and favorable suitability determination date.
  9. Notify the SUBJECT that he/she has been found suitable for the position, provide briefing, and notify the employing agency.

 

8. Due Process Guidelines
  1. A letter outlining the issues developed in the investigation must be sent to the SUBJECT. The letter should explain that the SUBJECT can provide mitigating circumstances to those identified issues. The SUBJECT can respond by writing or a oral interview within 14 days will be given to the SUBJECT. Based on the SUBJECT'S response, additional investigation may be scheduled.
  2. While equity demands uniformity in evaluating individual cases, to assure fair and consistent judgment from one situation to the next, each case must be weighed on its own merits taking into consideration all relevant facts, and the experience of similar cases. All information of record, favorable or unfavorable, must be considered and assessed in terms of accuracy, completeness, relevance, seriousness, and overall significance.
  3. After a final decision is made the adjudicator should write the applicant or employee about the decision and state that a written appeal may be filed with the Tribal Ogema/Manager or the Human Resources Director.

 

(b) Reference Check PolicyThe policy is to select and employ only those persons' whose performance, conduct and suitability will promote the efficiency of the Little River Band of Ottawa Indians. To comply with this policy, the Tribe's Human Resource Director, or his/her designee, or the Assistant Tribal Manager (referred to as the "selecting officials") are to conduct reference checks before a final employment selection or job commitment is made.

  1. Coverage. This policy applies to all applicants and employees who apply for positions with this Tribe's governmental organization.
  2. Responsibilities.
    1. Tribal Human Resources or Assistant Manager
      1. When the selection committee, referred to in Section 2.5 of these Policies, issues a candidate referral to the selecting official charged with the responsibility of reference checks, a copy of this Guide should be included. Reference checks must be conducted on the tentative selectee.
      2. The Tribe's legal counsel is available to advise the selecting official on the handling of any adverse or suitability information developed during the reference checks in accordance with this policy and the checks required for employees involved in child care, as required by Public Law 101-630, Indian Child Protection and Family Violence Prevention Act, Minimum Standards.
  3. Selecting Official Charged With the Responsibility of Reference Checks
    1. The selecting official after receipt of a candidate referral from the tribal personnel office, will review the candidate's job application and decide whether to conduct reference checks on several candidates or only on the tentative selectee. However, reference checks must be conducted on the tentative selectee.
    2. Before starting the reference check, the selecting official should check to see if the applicant has suggested on the job application that the present employer should not be contacted. The selecting official should contact the applicant to learn why the present employer should not be contacted.
                However, at some point before final selection, the candidate should allow the selecting official to contact the current employer for a reference check.
    3. The selecting official will decide who to contact for references. The most likely reference sources are the current and former supervisors of the candidate, some co-workers and possibly the personal references listed on the candidate's application.
    4. The selecting official will decide the appropriate questions to ask. This will be based on consideration of the information already available and the job requirements of the position to be filled
    5. The selecting official will decide how to conduct the reference checks and the methods to be used. Typically, it will be by telephone contact. (NOTE: Telephone contacts are faster and better than letters for obtaining references because people are much more likely to verbalize negative comments than to commit them to writing.
    6. The selecting official should note the candidate's answers to questions concerning being fired, felony violations, firearms or explosives violations, other violations of law, probation or parole, court-martial convictions, and Federal debt delinquencies. If there is a "Yes" answer to any of these questions, the personnel office should be consulted to help resolve the suitability issue.
  4. Interpretation of Reference Check Information. Reference check information must be carefully interpreted. The value of checks with current employers and associates can be maximized by listening closely and being alert for information that warrants clarification. A discernible lack of enthusiasm by the current employer in talking about a candidate may suggest a reluctance to be candid about the candidate's problems or substandard performance. When such reluctance cannot be overcome, selecting officials should contact previous employers who may have other perspectives on the candidate's work or character, and may be more willing to talk about problem areas. On the other hand, the current employer may not be the best source of information if he/she is attempting to encourage the move of an unwanted employee.
  5. Release of Information. Information collected through reference checks are considered the selecting official's memory jogger notes and must not be revealed to any other persons not involved in the selection decision. These notes must always remain under the control of the selecting official and are to be destroyed by the selecting official when he/she decides they have served their purpose. These notes must be retained for a sufficient time to assure that any potential complaints regarding the selection are resolved.
              At the end of the job application, there is an authorization for the release of information clause that the candidate has to sign. This is the basis for collecting additional information about the candidate.

2.8. Appointments

All appointments to vacant positions with the Tribe will be confirmed by a letter from the Human Resource Director. The letter will identify the position, starting salary, applicable fringe benefits and beginning date.


2.9. Types of Appointment

The following definitions describe the various categories of employment with the LRBOI included in each category is an identification of benefits eligibility.

  1. Full-time Regular: an employee who works 40 hours per wee on a regular basis. All full-time regular employees are eligible for all employee benefits identified in this manual.
  2. Part-time Regular: an employee who works less than 32 hours per week and may be on a scheduled or "as needed" basis. Part-time regular employees are eligible for benefits on a pro-rated basis as allowed by the specific provisions of the benefit plans.
  3. Temporary: an employee who works either part-time or full-time, but is hired for a limited period of time, not to exceed one year. Temporary employees are typically hired for special projects, during heavy work-load periods or as substitutes for employees on leave of absence. Temporary employees are not eligible for benefits other than required by law or specified at the time of employment. Indian preference need not necessarily apply to emergency appointments of 60 days or less in order to complete recruitment and hiring of permanent employees.
  4. Student or Trainee: a person appointed to participate in a work experience or training program which is for a limited time period. The student/trainee may or may not receive compensation and shall not be eligible for benefits, other than required by law.
  5. Salaried employee: an employee in Level 3, Level 4, or Level 5 position. Salaried employees are exempt from the hours and over-time provisions of the Fair Labor Standards Act. Salaried employees who are full-time are eligible for all employee benefits identified in this manual. Salaried employees who are part-time are eligible on a prorated basis as allowed by the specific provisions of the benefits plans.

 

 

CHAPTER III

Reprinted October 15,1998

Personnel Administration and Development

3.1. Personnel Records

All employee's shall have an official personnel file containing such items as:

  1. Application for employment
  2. Position description
  3. Job Performance Appraisals
  4. Health benefit enrollment forms
  5. Tax withholding forms and other income deduction forms
  6. Salary information
  7. Attendance records
  8. Counseling and/or disciplinary action
  9. Commendations
  10. Personal data such as emergency telephone numbers

All employee personnel information is strictly confidential and access to personnel files is limited to the Accountant, the employee's supervisor, the Tribal Manager and the Tribal Council.

Any disclosures from an employee's personnel records will not be provided without the employee's written authorization, except as required.

An individual may see their own personnel file at reasonable times and intervals. If the employee does not agree with any information contained in their personnel file, they may submit a written statement explaining their position which will be made a part of the employee's file.

It is the responsibility of each employee to promptly notify his/her supervisor or the Tribal Manager of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of emergency, educational accomplishments, and other such status reports should be accurate and current at all times.


3.2. Job Description

Every position with the LRBOI shall be described in writing by a job description. Each employee shall be given a copy of the job description for their position when hired and such employee must sign a copy of the description to indicate that they understand the duties, responsibilities and requirements of their position and a copy placed in their personnel file. At a minimum, job descriptions shall include:

  1. Position/title
  2. Title of the immediate supervisor
  3. Duties and responsibilities
  4. Desired qualifications with respect to experience, skills, education, knowledge, and abilities required for the job.
  5. Salary range

Job descriptions will be written by the position's immediate supervisor, with the assistance of the Tribal Manager. Job descriptions maybe amended as necessary by the immediate supervisor with the written approval of the Tribal Manager or program director. Revised job descriptions must be signed by the employee to signify acknowledgement and understanding of the change in duties or responsibilities.


3.3. Work Plans

Work Plans shall be required for certain employees, annually, on the basis of key responsibilities in the Job Description. Work Plans shall be designed by the employee, in consultation with the employee's immediate supervisor. Activities in the work plan will have a specific time frame and measurable objectives. Work plans may be subject to review or revision by the employee's supervisor and/or the Tribal Manager.


3.4. Orientation

The Tribal Manager is responsible for ensuring that all new employees receive adequate orientation. The employee is required to report to the Tribal Manager on the first day of employment so that an orientation can be arranged. The orientation will consist of the following procedures:

  1. The new employee will be given a copy of the personnel policies and procedures manual. The Tribal Manager will review the general provisions of the manual and answer any questions. A subsequent appointment will then be scheduled between the new employee and the Tribal Manager to review the provisions of the manual in detail, after the employee has had time to read it thoroughly.
  2. The Tribal Manager will assist the new employee in completing all required forms including federal withholding forms, insurance enrollment cards, personnel forms, etc. The Tribal Manager will prepare a personnel file for the new employee and all necessary documentation shall be placed in that file.
  3. The new employees will be given a tour of the facilities by the Tribal Manager and/or their supervisors. Every effort should be made to introduce the new employee to coworkers and ease their adjustment to the new work environment.
  4. The supervisor will review the position description with the new employee, answer any questions, and set short term work goals.

 


3.5. Probationary Period

Each new employee shall serve a three (3) month probationary period. This period is for the purpose of training, observing and evaluating the new employee's work and conduct to determine if the new employee is capable of performing job requirements in a satisfactory manner. During this period supervisors are expected to regularly observe the employee's work and to discuss performance expectations and standards with the new employee.

Probationary employees are entitled to all benefits extended to regular employees. However, new employees may not take annual leave until they have successfully completed the probationary period. Personal and sick leave may be used by probationary employees at their discretion and in a manner consistent with the policies and procedures defined in this manual.

Probationary employees will be evaluated at the end of three (3) months. Evaluations will focus on work performance, attitude, commitment to Tribal endeavors, attendance record, and other relevant job factors stated in the job description.

Evaluations will be conducted by the employee's immediate supervisor and will be reviewed and approved by the Tribal Manager. The supervisor shall discuss the results of the evaluation with the employee and be signed by both the supervisor and employee before the evaluation is made part of the employee's record. Unsatisfactory performance will be brought to the attention of the employee during the initial evaluation.

Probationary employees must receive at least a satisfactory rating of performance at the end of the probationary period before attaining the status of a regular employee.

At the end of the probationary period, the recommendation to retain or dismiss the probationary employee, or to extend the probationary period an additional two months, will be made by the supervisor, subject to the approval of the Tribal Manager. No more than one (1) extension may be given to a probationary employee.

Employees who do not satisfactorily complete the probationary period will be dismissed. A letter detailing the reasons for dismissal will be prepared by the Tribal Manager and given to the employee. A copy of the letter will be placed in the employee's personnel file.


3.6. Job Performance Appraisal

The job performance appraisal (JPA) is intended to serve several purposes. It is intended to identify and evaluate the employee's strengths and weaknesses and to measure his or her progress. It is also a management tool to assess the employee's potential for promotion and/or pay raise. And it is an attempt to clarify the supervisor's expectations, provide guidance and promote open communication between the employee and supervisor.

The following criteria will be standards to measure the performance of the employee in the appraisal:

  1. Ability to assume the duties defined in the employee's job description.
  2. Ability to complete the activities identified in the employee's work plan, if applicable.
  3. Quality of work.
  4. Attendance and promptness.
  5. Ability to relate well and get along with others including coworkers, clients, and the community atlarge.
  6. Attitude - particularly as it applies to accepting direction and/or criticism from the employee's supervisor or other managerial staff.
  7. Initiative.

The initial job performance appraisal will be conducted at the end of the employee's probationary period (refer to 3 .5). Afterwards, each employee will have a job performance evaluation at least once every twelve month based on the anniversary of the employee's date of hire.

The job performance appraisal shall be conducted by the employee's immediate supervisor and shall be subject to the approval of the Tribal Manager.

A copy of the written report will be provided to the employee. The report will be signed by the supervisor, initialed by the employee and placed in the employee's personnel file. The employee's initials on the evaluation QPA) indicate receipt of the copy and in no way implies that the employee agrees with the said evaluation. The employee may place a counter statement to the appraisal in the personnel file, if so desired.

Where an employee requires disciplinary action, the employee may receive an interim JPA for purposes of corrective action. Continuing employment depends upon maintaining a satisfactory level of job performance.


3.7. Continuous Length of Service

Continuous length of service for a Tribal employee is that period of employment with the Little River Band that is considered unbroken. Continuous length of service shall be considered as broken for the following reasons:

  1. An employee resigns in poor standing.
  2. An employee is terminated.

Time spent on leave of absence shall not be considered to be a break in service. Seniority and fringe benefits will be retained but not accrued.


3.6. Restoration of Length of Service
  1. Employees who have resigned in good standing shall have their length of service restored if they are re-hired within two (2) years of the date of resignation.
  2. Employees who have been laid off with more than six months of full-time continuous service at the time of lay-off who are rehired by the Tribe within one (1) year from the date of layoff, will have his/her length of service restored.
  3. Employees who are terminated and who are later rehired by the Tribe will not have any prior length of service restored. The only exceptions are employees who are re-instated after successfully appealing their termination through the Grievance Procedure. In such cases, the reinstated employee will have their length of service restored.

 

 

CHAPTER IV

Reprinted Oct. 15,1998

Employee Compensation

4.1. Compensation Policy

All regular employees of the LRBOI are considered salaried employees, unless the terms of such employee's appointment clearly states otherwise. Salaried employees are paid in weekly installments. Salaried employees are required to work 40 hours per week on a regular basis to receive full compensation. Employees working less than 40 hours per week shall receive a prorated portion of the weekly installment for such employee's salary.


4.2. Payroll Procedures

Tribal employees will be paid on a weekly basis. The first day of the pay period is Monday and the last day is Sunday. Payroll checks will be issued the Friday following the end of the pay period.

All Tribal employees must complete a time sheet for each pay period. Time sheets must be signed by the employee and his/her immediate supervisor. Each supervisor is responsible for verifying all subordinates time sheets and submitting them to the Tribal Manager on the Monday following the pay period.

The employer takes all reasonable steps to assure that employees receive the correct amount of pay in each paycheck. In the event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the program director or Tribal Manager so that corrections can be made as quickly as possible.

It is the policy of the Tribe to distribute paychecks only to the employee in whose name the check issued. Employees who are absent on payday and wish to have someone pick up their check must do one of the following:

  1. Notify the Tribal Manager in advance.
  2. Provide their representative with a signed authorization to pick up their check. This option is restricted to immediate family members or fellow employees.

 


4.3 Pay Advances

An employee may receive a payroll advance if the following circumstances occur:

On the next regularly scheduled payday, an employee plans to be out of town: (1) on an authorized travel assignment; or (2) on authorized scheduled leave time.

 

All payroll advance requests must be accompanied by an approved, completed timesheet. Hours may not be recorded on the timesheet for work which has not yet been performed.


4.4. Compensation Schedule

The compensation plan shall include a schedule of pay ranges for all classes of jobs. This is referred to as the Job Classification Plan, and it is based on the principle of equal pay for equal work. Employees shall be paid a wage within the established range for the position. Pay ranges shall be determined with due regard to such factors as:

  1. The relative difficulty and responsibility of the job.
  2. The prevailing rate in both public service and the private sector.
  3. The financial condition and policies of the Tribe.
  4. Special grant or contract provisions and applicable state or federal laws.

The Job Classification Plan is the grouping of Jobs which have similar duties, responsibilities and/or qualifications into specific classes and pay ranges. Each job shall be allocated to the class and pay range which is most appropriate based on factors such as those identified above.

The Tribal Council and Tribal Manager will review the Job Classification Plan on an annual basis. The Tribal Council may amend any or all of the components of the Plan to reflect current needs and conditions. The current Job Classification Plan will be provided to each employee by the Tribal Manager.


4.5. Salary Adjustments

Salary increases are based on a combination of factors including Job Performance Appraisals QPA), successful completion of credited training hours, documented completion of certifications, licenses, two, four and postgraduate degrees.

Salary increases associated with JPA will only be considered on an annual basis. Based on employees review, 0 to 4% increase will be awarded.

Compensation for documented completion of certifications, licenses, two, four and postgraduate degrees will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll.

  Added To Base Pay
One Year Certificate � Accredited $ 500.00
Two Year Certificate � Accredited $1,000.00
Associates Degree $1,500.00
Bachelors Degree $2,500.00
Masters Degree or Highest in Field $5,000.00

Compensation for completion of pre-approved job-related training hours will be awarded at the time that proof of completion is presented to Human Resources and all proper paper work is completed with accounting and payroll. It should be noted that such job-related training is based upon pre-approved training which is outside the scope of study for employees' furthering their educational background by working towards a degree or certificate as outlined above.

  Added To Base Pay
25 Documented Continuous Credit Hours $250.00

The (10) contact hours will equate to one (1) Documented Continuous Credit Hours. Attendance must be preapproved by management and verification of hours attended in sessions will be required from the sponsoring body.

Certain positions with the tribe require those candidates' licenses and/or certification (nursing, nurse practitioner, physician's assistant, social work, law enforcement, etc.) in order to work in the position they are applying for.

Offers of employment and continuation of employment for such individuals is based upon their ability to maintain their credentials as specified by federal, state and Tribal law in order continue working in these positions.

Although such individual employees' are qualified to gain additional increases through documented continuous credit hours and/or furthering their formal education, they are not however allowed credit hours or other allowances that are directly related to maintaining their credentials under which they were hired.


4.6. Cost of Living Increases

Cost-of-living increases that alter the Job Classification Plan may be made only by the Tribal Council.


4.7. Overtime Policy

It is the policy of the Tribe not to allow an employee to work more than 40 hours in any week. The following options for work scheduling may be provided:

  1. Flex Time. An employee may present an alternate work schedule to his/her supervisor when work required outside the normal schedule is necessary and can be accomplished in a more efficient manner.

    If the supervisor determines that the proposal is feasible, the proposal will be reviewed with the Tribal Manager. If the supervisor and the Tribal Manager agree with the proposal, the employee will be placed on the flexible work schedule, within the context of a 40 hour work week.

    The policy regarding flex-time is balanced by the fact that the Tribe does have regular business hours which the public and our tribal members rely on. Effort must be made to provide for work during regular hours of operation.

  2. Compensatory Time. If it is necessary an employee's work schedule will require that employee to work more than 40 hours in a given work wee, that employee may be granted compensatory time in accordance with the procedures set forth in Section 5.2.

 

CHAPTER V

Reprinted October 15,1998

Work Hours and Schedules

5.1. Work Hours

The normal work schedule for all employees is five days a week, nine hours a day which includes a 1 hour meal break. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week.

Each employee's work schedule will be set by his or her supervisor according to the needs of the Tribe and the program. Changes in the work schedule are at the discretion of the immediate supervisor, not the employee.

Scheduling, including approval of leave requests and compensatory time, shall ensure that all Tribal administrative and program offices can be open for the transaction of business Monday through Friday of each week, form 8:00 a.m. until 5:00 p.m. Excepted are departments requiring shift work.

Lunch Periods and Rest Periods - Each employee shall be allowed a one-hour lunch period daily. Lunch periods shall be staggered so as not to curtail services to the public. Employees may elect, with the approval of their supervisor to take a 30 minute lunch period. In such situations the reporting or leaving time can be adjusted accordingly. Unless required and requested by a supervisor, and employee will not be compensated for the time worked through a lunch period.

Employee Responsibility - Employees are expected to conform with the above hours of work, report promptly for work remain until the close of their regular shift. Anyone unable to report for work on time, for any reason, is expected to telephone their supervisor or the Tribal Manager at least 30 minutes prior to the start of their scheduled shift.

Tribal employees on field assignments or on travel status are expected to exercise sound judgment in regards to an eight hour working day.

Certain grant programs require that working hours be documented through time checks with supervisors or his/her designate.


5.2. Compensatory Time

If it is necessary for any employee to work in excess of 40 hours per week, up to 4 hours of compensatory time may be granted by the Tribal Manager or program director. Requests for compensatory time must be approved by the Tribal Manager or program director before an employee accumulates any excess hours during a given work week. Requests for compensatory time must be made in writing, specifying the reason(s) it will be necessary for the employee to work in excess of 40 hours and the date/time the employee wishes to use the compensatory time. Failure to follow these guidelines will result in denial of the request for compensatory time and the employee will not be paid for unapproved compensatory time.

The use of compensatory time must be approved in writing by an employee's immediate supervisor or the Tribal Manager, and is subject to cancellation if the employee is needed at work.

An employee may not accumulate more than 4 hours of compensatory time per week. All compensatory time
accrued must be used before the end of the next pay period.


5.3. Timekeeping

Accurately recording time worked is the responsibility of every employee. Federal regulations require the Tribe to keep an accurate record of time worked. Time worked is all the time actually spent on the job performing assigned duties.

The employees must comply with the timekeeping system implemented by the Tribe. Failure to properly comply with the requirements of the timekeeping system can result in disciplinary action.

All employees except those excluded by the Tribal Council must record their time through the use of time clock or other method established by the Tribal Manager.

Failure to properly utilize the time clock or other method for recording time worked in a proper manner can result in disciplinary action.

Tampering, altering, or falsifying time records, or recording time on another employee's time record may result in disciplinary action, including discharge.

All employees must submit an approved timesheet to the Tribal Manager and/or accounting department the Monday before payday. An employee who does not submit a timesheet on time must submit an approved timesheet before receiving a payroll check. An approved timesheet must be signed by the appropriate supervisor.

 

CHAPTER VI

Reprinted October 15,1998

Benefits, Holidays and Leave

6.1. Employee Benefits

All regular full-time, regular part-time, and probationary employees are entitled to certain fringe benefits that are identified in this section. For purposes of entitlement to benefits, regular, full-time employees are defined as those employees working 32-40 hours per week. Regular, part-time employees working less than 32 hours per week are eligible for benefits on a prorated basis as allowed by the specific provisions of the benefit plan. Certain benefits are limited only to full-time employees.

Excepting those benefits required by law, all other insurance benefits are subject to the availability of funds. The Tribal Council reserves the right to determine appropriate insurance programs within the constraints of available budgets, or to terminate coverage as circumstances require.

Certain employees will be tax exempt because they are Little River Band Tribal members and their positions involve the protection, enforcement, or administration of treaty resources. These employees may have different benefits than other employees. Differences in benefits are noted in these policies.


6.2. Required Benefits

All non-tax exempt, regular or temporary, full and part time Tribal employees are provided with standard benefits prescribed by applicable federal and state law. They include Social Security (FICA), Medicare (MEDI), state unemployment insurance (SUTA), and workers' compensation.

Employee's contribution to the cost of Social Security coverage is defined by law and is automatically deducted from each paycheck. The Tribe pays all costs for providing Unemployment Insurance and Workers' Compensation.


6.3. Health Insurance

All regular full-time and probationary full-time employees may be provided with comprehensive major medical coverage. Employees should refer to the insurance brochure for the limits and conditions of this coverage. All employees must complete an enrollment form during the orientation process, which will identify family members covered by the plan. The cost of this health insurance coverage is paid for by the Tribe.

Employees who are separated due to layoff, resignation, dismissal or other separation are covered under the health insurance plan for one (1) month following the date of separation. However, the employee must pay twenty (20) percent of the premium for this coverage, which will be deducted from the final paycheck, unless the employee waives the right to this coverage, in writing.


6.4. Life Insurance

All regular full-time and probationary full-time employees may be provided with a term life insurance policy. Employees should refer to the insurance brochure for the limits and conditions of the policy. The cost of this benefit is paid for by the Tribe.


6.5. Short-term Disability

All regular full-time employees may be provided with disability insurance coverage. Eligible employees may be covered with short and long term disability coverage. Employees should refer to the insurance brochure for the limits and conditions of the coverages provided. The cost of this benefit is paid for by the Tribe.


6.6. Retirement/Pension Plan

[RESERVED]


6.7. Holidays

The Little River Band recognizes the following designated holidays and grants time off with pay to all employees.

New Year's Day Federal Reaffirmation Day (September 21)
Treaty Recognition Day (March 28) Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Eve Day (half day)
Labor Day Christmas Day
  1. Employees who are on leave of absence without pay are not entitled to holiday pay during that period of time. Employees who have been subject to disciplinary action and are on suspension are also not entitled to holiday pay during that period of time.
  2. Whenever one of the designated holidays falls on a Sunday it shall be observed on the following Monday; if the holiday falls on a Saturday, it shall be observed on the preceding Friday.
  3. Employees required to work on any designated holiday will be granted an additional personal day, to be taken at the employee's discretion with approval of their supervisor.
  4. A holiday that falls within an annual leave period is still a holiday, and time off will not be deducted
    from an employee's accrued annual leave.

6.8. Annual Leave

Regular full-time and regular part-time employees are eligible for annual leave benefits as described below.

Up to eighty (80) hours of Annual leave can be carried over from year to year. Unused annual leave in excess of eighty (80) hours expires without compensation.

Employees requesting annual leave for more than one day at a time are required to notify and obtain the approval of their supervisor and the Tribal Manager at least one week prior to the anticipated annual leave. Employees requesting annual leave for one day or less are required to obtain the approval of their supervisor at least 48-hours in advance of the anticipated annual leave. No annual leave will be taken in less than 4-hour blocks of time.

Upon separation either by layoff, firing, quitting or other separation, the Tribe will pay cash value for accrued annual leave at the employee's current rate of pay.

If a holiday falls within an annual leave period, it will not be considered as a vacation day.

Annual leave shall not accrue during an employee's leave of absence.

In the event a Little River Band program is phased out, employees shall be notified of the effective date the program ends in order that the employee can use all accrued annual leave before the program ends. It shall be the responsibility of the program director or supervisor to notify the affected employees of any such project termination date and the amount of annual leave the employees have accrued.

Regular full-time employees shall earn annual leave based upon their continuing length of service with the Little River Band. Annual leave shall be earned according to the following schedule:

  1. Regular full-time employees with up to one year of service shall accrue annual leave at a rate of one (1) hour per forty (40) hours worked. Accrual begins from the first day of employment. However, no annual leave will be granted to a new employee until he/she has satisfactorily completed the probationary period.
  2. Regular full-time employees with one (1) to seven (7) years of service shall accrue annual leave at a rate of two (2) hours per forty (40) hours worked.
  3. Regular full-time employees with seven (7) or more years of service shall accrue annual leave at a rate of three (3) hours per forty (40) hours worked.

 

Regular full-time and regular part-time employees who work less than 40 hours per week will receive annual leave on a prorated basis.


6.9. Personal Leave

To recognize the occasional need by employees to be absent from their schedules for personal purposes the Tribe grants personal leave. Personal leave can be used for any purpose that the employee desires. Typical uses of personal leave might be:

  1. to attend doctor or dentist appointments.
  2. to stay home when ill.
  3. To attend to sick children or attend school functions.
  4. To spend time with out-of-town visitors.
  5. To come in late because of car trouble, but still get a full paycheck.

Personal leave replaces sick leave, which is not a form of leave bused by the Tribe. With personal leave, the employee is not required to explain or justify his/her use of the time. This removes the supervisor from any responsibility for determining whether the leave should be approved. As long as the request for personal leave is made directly to the supervisor before it is used, the supervisor is expected to grant the request. However, all employees are forewarned that leave is not automatically granted when they call in or send a message.

Employees are asked to make their requests for personal leave with as much advance notice as possible, to allow the supervisor to adjust the schedule. In the case where personal leave is expected by the employee to last for more than one scheduled day, the employee may request the full amount of desired time with one request.

If the employee requests personal leave for one day but later decides that s/he will need an additional day (or part of a day), the employee must notify the supervisor of the need for the additional time prior to the regularly scheduled work time. That is, personal leave pay will not be granted for the second day unless the request was received before the beginning of the scheduled work time.

The Tribal Manager, with consultation from the personnel manager and supervisor, may grant personal leave payment even though prior notice was not received, and it is expected that such granting shall be for valid emergencies only.

Employees are advised to study the section of this policy that requires supervisors to keep track of their employees' use of personal leave to look for patterns of abuse. Through the objective of personal leave is to allow the employee freedom from supervisory prying into the employee's personal life, employees are expected to recognize that the Tribe's goals are important to supervisors.

Calculation of Personal Leave
The Tribe grants 10 days (80 hours) of personal leave to each employee per year.

For the purposes of personal leave policy only, the year is from December 1 through the following November 30. Employees already hired as of the effective date of this policy will receive, on the effective date, an amount of personal leave according to a formula determined by the Tribal Manager. Newly hired employees will receive, on their date of hire, an amount of personal leave which represents the unexpired portion of the year through the next November 30. For example, an employee hired with 115 calendar days remaining until November 30 will receive 115/365 of a year's personal leave.

Each December 1(or nearest pay period following), all unused personal leave will be paid to each employee at fifty percent (50%) of the employee's current rate of pay. On the same day, each employee will receive a new balance of 10 days (80 hours) of personal leave.

Personal leave is not transferable to another employee.

Unused personal leave is only paid to employees who work for the Tribe through November 30. Employees who are separated for any reason will not be paid for any balance of personal leave not used.


6.10.
Maternity Leave

Administration - The Little River Band recognizes that its children are its most precious asset and that the promotion of strong families is critical. With this recognition, the Tribe has adopted the following policies regarding maternity leave. The LRBOI may grant maternity leave to regular full-time employees who have successfully completed the probationary period and who are pregnant. Maternity leave may also be available to male employees needing time off to assist a pregnant spouse.

  1. The employee must submit a written request to the department head at least 30 days prior to the beginning of the leave, except in case of emergency where a leave may commence immediately.
  2. A doctor's statement attesting to the employee's pregnant condition must accompany a request for maternity leave. In the case of male employees, a doctor's statement of spouse's pregnant condition and need for assistance must accompany a request for maternity leave. A request for maternity leave must indicate the number of days/weeks the doctor anticipates the employee will be required to be off work.
  3. The employee may elect to use accumulated sick leave and/or annual leave during a maternity leave. Any excess maternity leave shall be in the nature of an unpaid leave of absence.
  4. Seniority shall not accrue during maternity leave.
  5. Fringe benefits shall be retained, but are not accrued or paid for maternity leave, except for exceptional circumstance.
  6. An employee returning from maternity leave shall be entitled to the same or equivalent position at the same rate of pay when she/he left. Employees must notify the Tribal Manager or personnel director at least ten working days prior to returning from maternity leave. In the case of female employees, such notification must include a physicians statement indicating that she is physically and medically able to return to duties as a Tribal employee.
  7. Employees must return from maternity leave within a reasonable period of time, not to exceed eight (8) weeks, following termination of the pregnancy unless there are extenuating circumstances of which the Tribal Manager or personnel director are notified. Additional extensions of the maternity leave may be granted only with the approval of the Tribal Manager. Requests for maternity leave of any length should be substantiated by a statement from the attending physician.

6.11. Bereavement Leave

Bereavement Leave - An automatic three days leave with pay will be granted in the event of death in the employee's immediate family. The term "immediate family" for any purpose shall be defined as follows:

Spouse Father-in-law
Father Mother-in-law
Mother Sister-in-law
Sister Brother-in-law
Brother Step Children
Children Grand Parents
Foster Children Grand Children

In the event the three days leave granted does not allow sufficient time for attending a funeral, annual leave may be granted. If the employee has no annual leave accrued, a leave of absence may be granted upon approval from the Tribal Manager.


6.12.
Leaves of Absence Generally

All requests for leaves of absence must be in writing and approved by the Tribal Manager. Leaves of absence shall be without pay and shall not exceed 30 days. When a leave of absence is granted, the employee agrees to return to work immediately at the expiration of the leave period. Failure to return to work shall be considered a resignation from Tribal employment.

An employee may request an extension of a leave of absence. This request must be in writing and approved by both the Tribal Manager and the Tribal Chairperson.

No sick leave or annual leave shall accrue to an employee during a leave of absence. Time spent on leave of absence shall not be considered a break in service; however, such time shall not accrue toward seniority.


6.13.
Military Leave

The Little River Band shall observe the provisions of the Federal regulations regarding reemployment rights and leaves of absence in accordance with the Veteran's Reemployment Rights Statute Part III, Chapter 43 of Title 3 8, US Code as amended. Any employee filling "other than a temporary position," who is leaving Tribal employment for the purpose of military service, training or examination is eligible for reemployment rights. A copy of the official military orders should accompany any request for military leave including annual active duty training with Reserve or National Guard components of the US Armed Forces.


6.14.
Jury Duty

An employee who is called for jury duty or is subpoenaed shall notify the Tribal Manager immediately upon receipt of such notice. If an employee serves on jury duty during normally scheduled work days, the Tribe shall provide payment of the difference of witness fees or jury duty pay, excluding travel expenses, and the employees regular salary upon presentation of a written statement of jury earnings by proper Court officials.


6.15. Educational Leave

The Little River Band strongly encourages and recommends the pursuit of continued education. Full-time regular and full-time probationary employees enrolled in higher education classes during the course of normal working hours shall be allowed to attend classes for up to eight hours per week, including travel time, with pay. However, prior to enrolling in higher education coursework, the employee must first consult with their supervisor regarding course selection. Both the supervisor and the Tribal Manager must approve the class [Es] selected by the employee that are to be taken during normal working hours.

Employees who receive educational leave must submit verification of enrollment to the Tribal Manager. This documentation will be placed in the employee's personnel file. Employees must also verify successful completion of coursework in order to qualify for any additional educational leave in the future.

Educational leave for employees will not be permitted to comprise the quantity or quality of work they perform for the Tribe or to unreasonably burden other employees.


6.16. Educational Grants

Subject to the availability of sufficient funds, the Employer will offer educational grants to employees to expand educational opportunities, enhance quality employee performance, and to assist employees in achieving required certifications for advancement.

These grants will be made available to all regular, full-time employees who have passed their one year anniversary date of hire. The grants will be provided for approved vocational education, undergraduate and graduate level course work. Employees will be notified of the amount of funding available, or the number of educational grants available.

To apply, the employee must:

  1. Obtain the appropriate application/payback agreement from his/her supervisor or the Tribal Manager;
  2. Complete the application and payback agreement;
  3. Review and discuss the application and payback agreement with his/her supervisor and/or the Tribal
    Manager.

Upon completion of the application and payback agreement, the supervisor will submit the same to the Tribal Chairperson, or his/her designee, for final approval.

Educational grants will be awarded as available for no more than two classes per semester/term per applicant. The grant will pay for tuition and books only. Other fees must be paid by the applicant. Applicants are expected to also apply for other scholarships/grants for which the applicant qualifies.

If the applicant fails to successfully complete the class with a grade of "C" (2.0) or better for vocational or undergraduate course work or a grade of "B" (3.0) or better for graduate course work, or otherwise fails to comply with the provisions for the payback agreement, the grantee will be required to repay the amount of the educational grant.

A copy of the applicant's grade transcript shall be submitted to the employee's supervisor at the end to the term.


6.17. Absence Without Leave

Failure by an employee to notify the immediate supervisor or the Tribal Manager in the event of absence will be considered as an unpaid absence without leave.

 

CHAPTER VII

Amended April 24, 2000

Separations from Employment & Disciplinary Actions

7.1. Layoffs

It is the policy of the Tribe to lay off employees only as a last resort. Every effort will be made to retain employees and to avoid potential lay-offs. At the discretion of the Tribal Ogema and Director of Operations, an employee who is slated to be laid-off may be transferred to another position, within the Tribe for which they are deemed qualified, if such positions are available.

Employees will be given a minimum of two (2) weeks notice of layoff

The decision to layoff an employee will be made by the Director of Operations and approved by the Tribal Ogema. The retention of employees in classes of positions affected by layoff shall be based upon a systematic consideration of type of appointment, seniority, and relative efficiency of the employee(s).

The order of layoff shall be as follows:

  1. Temporary employees.
  2. Probationary part-time.
  3. Probationary full-time.
  4. Regular part-time.
  5. Regular full-time hourly employees.
  6. Regular salaried employees.

Within these six categories, management shall determine the order of layoff by job performance as measured by the latest written Job Performance Appraisal. Management shall only use seniority in cases of equivalent job performance.


7.2. Resignations

Resignations are accepted upon submission in writing to the immediate supervisor.

In order to resign in good standing the Tribe expects employees to:

  1. Notify their immediate supervisor at least two (2) weeks in advance of the date they intend to leave, and
  2. Maintain satisfactory job performance appraisals.

In order to be considered for future rehire, former employees must have resigned in good standing during their previous employment with the Tribe.


7.3. Terminations

The Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and employees may be discharged as such without cause.

Employees who are terminated will be compensated for accrued annual leave at their current rate of pay.

Cause for termination includes, but is not limited to:
  1. Failure of an employee to carry out the duties and obligations imposed by these rules and by Tribal management.
  2. Intentional violation of Tribal work rules.
  3. Unsatisfactory job performance appraisal.
  4. Gross insubordination.
  5. Theft of Tribal funds or Tribal property.
7.4. Procedure for Dismissal and Suspension

An employee's Director may recommend dismissal to the Director of Tribal Operations or Human Resource Director. When the Director of Tribal Operations or Human Resource Director considers it necessary to dismiss or suspend an employee, the reason for such action shall be clearly stated and the following procedures shall be observed:

  1. The employee shall be notified in writing giving specific reasons for the action, advising of the right to appeal and detailing the appeal procedure.
  2. Prior or concurrent written notice shall be given to the Tribal Ogema.
  3. When dismissal is deemed necessary, the grievance procedures must be observed and documented. The grievance procedure does not apply to probationary employees, except in cases of alleged discrimination.

7.6. Disciplinary Action

Causes - Employees who violate the work rules listed in these policies are subject to disciplinary action.

Notice: In every case of suspension, demotion or dismissal the employee shall be notified in writing. A copy of this notification, which shall include the disciplinary action, the reason for it and its duration, shall be filed in the employee's personnel records for an appropriate length of time.

Application: The seriousness of the infraction, nature of misconduct, employee motivation and awareness of rules
will be considered in disciplinary actions.

Types of Disciplinary Action

  1. Oral Reprimand. This is an action taken by an immediate supervisor in which the supervisor tells an employee about an action or behavior of the employee which is objectionable or should be corrected.
  2. Written Reprimand
    1. A written reprimand is a form of discipline in which the employee's immediate supervisor describes in detail the behavior to be corrected, and will give direct and concrete orders for the future and will point out the consequences of repeating the actions which brought about a written reprimand.
    2. The written reprimand must be presented to the employee.
  3. Disciplinary Suspension
    1. This is a disciplinary action taken by the Director of Operations, which removes an employee from employment in their department and from the Little River Band payroll for a definite period of time.
    2. This action does not require the employee's consent to place the employee on such Leave Without Pay.
    3. In most cases, the employee does not accrue salary; annual leave credit; or sick leave credit during the time the employee is suspended.
    4. At the end of the suspension, the employee shall be returned to the payroll in the same department, classification and salary as when he was suspended.
    5. Suspensions Without Pay must be written and must be presented to the employee.
    6. Extreme circumstances may warrant immediate dismissal.
  4. Demotion
    1. This is an action taken by the Director of Operations upon the recommendation of the employee's Department Director, which reduces an employee's classification to a classification with a lower maximum salary.
    2. The employee's duties and responsibilities must be reduced to those of the lower classification.
    3. The reasons for the demotion must be given.
    4. Demotions must be in writing and must be presented to the employee.

7.7. Personnel Records and Transactions

Transaction: Records will be maintained in the Human Resource Department of official personnel transactions including hiring, promotion, suspensions, dismissals and resignations of all employees.

Responsibility: Immediate supervisors shall maintain and verify time and attendance. Employee payroll records shall be maintained and kept on file for all employees in the Accounting Department of the Little River Band Tribal Office.

Confidentiality: Employee personnel files and payroll records are confidential and remain under the control of the Human Resource Department and Accounting Department respectfully. Employees may at any time submit a written request to the Human Resource Department for a copy of their personnel file, which will then be provided within a reasonable period of time.

 

CHAPTER VIII

Reprinted October 15,1998

Grievance Procedure

8.1. Statement of Purpose

The Little River Band will do its utmost to insure that working conditions are as pleasant as possible and that each employee receives equal, courteous and fair treatment.

The Tribe seeks to secure, at the earliest level possible, fair and timely solutions to complaints or grievances of its employees.

This procedure shall be kept as informal and confidential as may be appropriate.


8.2. Grievance Defined

A grievance is a dispute, claim or complaint arising under the terms of this policy and fled by a Tribal employee. Grievances are limited to matters of violation, interpretation or unfair applications of this policy. The employee fling a grievance must show how the grievance directly affects him/her. To maintain an effective and orderly procedure it is necessary to follow the grievance procedure as stated below. Failure to do so will forfeit the grievance.


8.3. Grievance Procedure Steps
  1. The employee shall, within ten working days of the date of the grievance or within ten working days of the date the employee could reasonably be expected to have knowledge of the grievance, present the grievance in written form to the supervisor of the person who the grievance is against, with a copy filed concurrently with the Tribal Manager or personnel director. The person to whom the grievance was presented shall reply in writing to the employee within three working days with an answer or a remedy, with a copy fled concurrently with the Tribal Manager or personnel director.
  2. Should the answer or remedy granted be unacceptable to the aggrieved employee, the employee may choose to continue the grievance process step by step through higher levels of supervision, up to the Tribal Manager or personnel director, then Tribal Ogema or Chairperson, the Tribal Court. In each step, the approached party shall be allowed three days to reply in writing with a remedy or an answer.

 


8.4. Representation

The employee may elect to have legal counsel, at his/her own expense, at the hearing before the Tribal Court.

The employee shall be granted necessary and reasonable paid absence from work for scheduled grievance adjustment meetings.


8.5. Freedom from Reprisal

Employees shall be free to use this procedure without restraint, interference, coercion, discrimination or reprisal. An employee, whether acting in an official capacity for the Little River Band or on any other basis, shall not interfere with or attempt to interfere with another employee's exercise of his/her rights under this procedure.


8.6. Settlement of Grievance

Any and all grievances resolved at any step of the grievance procedure as contained in this policy will not be final and binding on the Little River Band, the employee and any and all employees involved in the particular grievance until agreed to by the aggrieved party or decided finally by Tribal Court.


8.7. Processing Grievances

Grievances shall be processed from one step to the next within the time limit prescribed in each of the steps. Any grievance upon which a disposition is not made by the employer within the time limits prescribed, or any extension which may be agreed to, may be referred to the next step in the grievance procedure, the time limit to run from the date when time of disposition expired. Any grievance not carried to the next step by the employee within the prescribed time limits or such extension which may be agreed to, shall be automatically closed upon the basis of the last disposition. A grievance, once submitted, shall not be altered. An employee may withdraw his grievance at any time without prejudice.

 

CHAPTER IX

Reprinted October 15,1998

Conditions of Employment

9.1. Code of Ethics and Work Rules

The orderly and efficient operation of the Tribal government requires that certain work rules be established. Work rules covering personal standards of conduct as well as operating procedures are necessary to protect the health and safety of all employees, maintain uninterrupted service and to protect the goodwill and property of the Tribe.

All employees are expected to conform to reasonable work rules and ethical standards, exemplified by the following:

  1. A commitment to the Tribe's goals, its leadership, and management is required of all employees.
  2. Employees are expected to present a positive image as tribal government professionals at all times in the forms of dress, communication, and action. Employees shall deal with the public in a courteous and professional manner.
  3. Employees shall follow all safety regulations to include the wearing of safety articles and the using of protective equipment. Employees shall immediately report accidents or injury to their supervisor.
  4. Employees shall be responsible for and shall not misuse Tribal records, or other materials in their care, custody and control. Tribal property, records, or other materials shall not be removed from the premises without written permission of the Tribal Manager.
  5. An employee shall immediately report to his or her supervisor if he or she is unable to work and the
    reason for it.
  6. Employees shall notify their supervisor whenever there is a change in their personal data.
  7. Employees shall not restrict or interrupt work or interfere with the work of others.
  8. Employees shall report for and remain at work only in fit physical condition.
  9. Employees shall not neglect their duties or responsibilities or refuse to perform assigned work.
  10. Employees shall not engage in improper conduct, fight, gamble or use abusive language while on duty.
  11. Employees shall not possess or use unauthorized firearms, weapons, mood altering drugs or intoxicating beverages during working hours, nor shall employees possess these items while in Tribal facilities.
  12. Employees shall not falsify records, reports, or claims of illness or injury.
  13. Employees shall not sign or record another employee's time card or work sheet.
  14. No employee of the Tribe may accept favors or gifts of monetary value from vendors, contractors, or others who have or propose to have business dealings with the Tribe.
  15. Any efforts by outside or internal parties to exchange money, gifts, or similar considerations, for favor in the award of contracts, purchase orders or general services must be reported immediately to the Tribal Manager.
  16. No employee will use his or her position with the Tribe for personal gain. This restriction includes the use of Tribal authority, information gained through official duties, records, access to Tribal equipment, etc.
  17. Employees are prohibited form divulging any confidential or potentially harmful information, concerning fellow employees, the Tribe, or clients of the Tribe, acquired by virtue of their positions or association with the Tribe.
  18. Departmental, Professional, Technical, and other ethical standards over and above these outlined herein, and not in conflict with this manual, shall also be adhered to.

 

The above work rules and ethical standards shall be applicable to all Tribal employees. These rules are not intended to be all inclusive and the Tribal Council shall, when it seems appropriate, establish additional rules to insure the effective operation of the Tribal government.

Employees who violate any of the above work rules or ethical standards shall be subject to disciplinary action up to and including dismissal.


9.2. Safety

Establishment and maintenance of a safe work environment is the shared responsibility of the employer and employees from all levels of the organization. The employer will attempt to do everything within its control to assure a safe environment and compliance with federal and tribal safety regulations. Employees are expected to obey safety rules and to exercise caution in all their work activities. They are asked to immediately report any unsafe conditions or practices to their supervisor. Not only supervisors, but employees at all levels of the tribal organization are expected to correct unsafe conditions as promptly as possible.

All accidents that result in injury must be reported to the appropriate supervisor, regardless of how insignificant the injury may appear. Such reports are necessary to comply with laws and initiate insurance procedures.


9.3. Security Inspections

The Tribe wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives, or other improper materials. Desks, lockers, and other storage devices that may be provided for the convenience of employees remain the sole property of the Tribe. Accordingly, they, as well as any articles found within them, may be inspected by any agent or representative of the Tribe at any time, with or without prior notice.


9.4. Use of Phone and Mail Systems

Employees must reimburse the Tribe for any charges resulting from their personal use of the telephone. Employees must identify personal calls made and provide the Tribal Manager or their immediate supervisor with a list of any personal calls made and make arrangements to pay the amount owed.

Employees must use the phone in a professional and business like manner.

The use of employer-paid postage for personal correspondence is not permitted.


9.5. Use of Tribal Equipment and Vehicles

Employees are expected to exercise care, perform required maintenance, and follow operating instructions, safety standards, and guidelines when using Tribal equipment and vehicles.

Employees are expected to notify a supervisor if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repair could prevent deterioration of equipment and possible injury to employees or others.


9.6. Conflicts of Interest

Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the employer wishes tribal business and activities to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation.

Transactions with outside firms must be conducted within a framework established and controlled by the administrative level of the Tribal organization. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gains refers to bribes, product bonuses, special fringe benefits, unusual price breads, and other windfalls designed to ultimately benefit either the employer, an employee, or both. Promotional plans that could be interpreted to involve gain require specific administrative approval.

An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of this organization's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.

No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is imperative that he or she disclose to a supervisory officer or the Executive Director as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established that protect all parties.

Personal gain may result not only in cases where an employee or relative has a significant ownership interest in a firm with which the Tribe does business but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the organization.


9.7. Complaints Against Employees

The Tribe recognizes the need for proper resolution of complaints made against Tribal employees by non employees. The following procedure must be followed in the event of such a complaint.

It is the responsibility of all employees hearing or receiving a complaint to inform the complaining party of the proper procedure for resolution of such complaints.

All complaints against a Tribal employee must be referred to the employee's immediate supervisor.

Complaints against employees must be provided in written form to the immediate supervisor.

The immediate supervisor will review the incidents or actions in question. The supervisor will gather whatever information or evidence necessary to properly evaluate the complaint.

The supervisor will make a decision in writing to both the employee and the individual who made the complaint. The decision may clear the employee of wrongdoing, require changes in the employee's conduct, or result in disciplinary actions as defined in these policies.

If the complainant is not satisfied with the decision of the supervisor he or she may bring the complaint to the Tribal Manager for review. The Tribal Manager will review the complaint and the supervisor's decision. The Tribal Manager may uphold or modify the decision and action taken by the supervisor. The decision of the Tribal Manager shall be final.

A copy of the complaint and the resulting action(s) must be forwarded to the appropriate office for inclusion in the employee's personnel file.


9.8. Outside Employment

Supplementary employment is not encouraged but is permitted under proper conditions. No employee may hold a full-time j ob or its equivalent in addition to their regular employment with the Tribe. Any supplementary part-time employment shall be in work situations which in no way relate to the employee's duties with the Tribe and in no way would prevent the satisfactory fulfillment of their tribal duties.

The employee must first secure written approval from both their immediate supervisor and the Tribal Manager prior to engaging in any supplementary employment. Violations of this policy may result in disciplinary action.


9.9. Solicitation of Funds

No employees are allowed to solicit funds on behalf of the Tribe without prior written approval from the Tribal Manager. This permission will only be granted for projects and/or programs that were previously approved by the Tribal Council.


9.10. Political Activity

Every Employee shall have the right to freely express opinions as a citizen and to vote. Employees are encouraged to participate in political activities at any level of government (Tribal, local, state, etc.) which are not otherwise prohibited by law and conform to the following conditions and restrictions:

  1. No employee may engage in political activities during normal working hours.
  2. Political activities may not infringe on the employee's job responsibilities.
  3. No employee may use his or her position in support of or in opposition to any political campaign which compromises Tribal interests.
  4. Employees engaged in political activities may not charge any costs incurred in the course of outside political activities to the Tribe.
  5. Political activities based on self-interest in the services and/or programs of the Tribe are strictly prohibited.


9.11. Drug Testing Policy

Purpose. The purpose of this Chapter is to implement the Tribe's Plan for a drug-free work place, as mandated by section 503 of PL 100-71, and to enable the Tribe to better carry out its responsibilities to its members through identification of and assistance to those employees, if any, whose use of illegal drugs on or off duty impairs and impedes their performance of their job responsibilities.

Drugs for which individuals are Tested. The Tribe may test for the following drugs:

  1. Marijuana
  2. Cocaine
  3. Amphetamines [speed, diet pills, Benzedrine, declobese]
  4. Opiates [codeine, morphine, methadone, diladid, heroin]
  5. Phencyclidine [PCP]
  6. Barbituates [Phenobarbital, secobarbital, amobarbital, pentobarbital]

Sensitive Positions for which Testing is Mandated. Any person employed by the Little River Band of Ottawa Indians as an officer of the law, which empowers said employee to carry sidearms and be certified as a law enforcement officer, shall, as a condition of selection for such position, and as a condition for continued employment, be subject to mandatory testing for the presence of the drugs listed in this section. For those persons currently employed, such testing may occur at least twice each year, upon a schedule designated by the Tribal Council.

Random Testing. Any person employed by the Little River Band of Ottawa Indians may be tested at random for utilization of the drugs identified in this section.

  1. Notification. An individual selected for random testing, and that individual's immediate supervisor, shall be notified the same day that the test is scheduled within two (2) hours of the scheduled testing. It shall be made clear to the employee that the employee is under no suspicion of taking illegal drugs and that the employee's name was selected randomly.
  2. Deferral of Testing. An employee may request deferral of testing of his/her immediate supervisor, which shall be granted if the employee demonstrates that:
    1. The employee is on leave status (sick, annual, personal, administrative, or leave without pay); or
    2. The employee is on travel status away from the job site, or is about to embark on travel scheduled prior to the testing notification.
    3. Retest shall be made of an employee whose random test was deferred within the following 60 days.
  3. Selection for Testing. The selection of tribal employees for random testing will be made by three (3) tribal representatives, who are present at the drawing of employee names for testing.

Reasonable Suspicion Testing; Grounds. Drug testing of any employee may be required when one or more of the following exists:

  1. Direct observation of drug use or possession, and/or the physical symptoms of being under the influence of a drug are present;
  2. The employee exhibits a pattern of abnormal conduct or erratic behavior;
  3. The employee is arrested or convicted of a drug-related offense, or the employee is identified ass the focus of a criminal investigation into illegal drug possession, use or trafficking;
  4. Information is provided either by reliable and credible sources, or independently corroborated, of employee drug use; or
  5. Newly discovered evidence that the employee has tampered with a previous drug test is received.

Procedures for Reasonable Suspicion Testing. If an employee is suspected of using illegal drugs, the appropriate supervisor shall gather all information, facts and circumstances leading to and supporting this suspicion, and shall < report the material gathered to the Tribal Manager and Health Director in writing. The report shall detail the circumstances, including the applicable dates and times of reported drug-related incidents, reliable and/or credible sources of information, and any other supporting information.

The Tribal Manager and Health Director, upon review of the information provided, shall determine whether reasonable suspicion exists for the employee's use of illegal drugs, and, if the circumstances so warrant, order the employee to submit to a drug test.

General Rules for Conducting Drug Tests. The Tribe shall follow the Guidelines for Federal Workplace Testing, established by the US Department of Health and Human Services and published at 53 Fed. Reg. 11959 (Apr. 11,1988), and as they may be amended, and shall ensure that tests are conducted as follows.

  1. The tests shall be conducted by professionally trained collection personnel, who are not employees of the Tribe;
  2. Analysis of specimens shall be undertaken by a laboratory licensed by the appropriate federal and state agencies; and
  3. Test results are treated as strictly confidential matters.

Privacy Ensured during Drug Testing. An employee subject to testing shall be permitted to provide urine specimens in private, in a restroom stall or other similar enclosure so that the employee is not observed while providing the sample. Collection site personnel of the same gender, however, may observe the individual provide the urine specimen when such personnel have reason to believe that a particular employee may alter or substitute the specimen provided. Reason to so believe exists when:

  1. The employee is being tested under Sec. 207.5, related to reasonable suspicion testing;
  2. The employee has previously been found by the Tribe to be an illegal drug user;
  3. The employee has previously tampered with a sample;
  4. Facts and circumstances suggest that the employee is under the influence of drugs at the time of the test;
  5. The employee has equipment or implements capable of tampering with or altering the urine sample;
  6. The specimen has a temperature outside the range of 32.5-37.7 degrees Centigrade (90.5-99.8 degrees Fahrenheit);or
  7. The specimen shows signs of contaminants.

Failure to Appear for Testing. Failure to appear for testing without a deferral, as provided for in this section, will be considered refusal to participate in testing, and will subject the employee to disciplinary action, including dismissal. If an employee fails to appear at the collection site at the assigned time, the collector shall so advise the Tribe's Health Director immediately by telephone. The Director shall so advise the employee's immediate supervisor, who shall take disciplinary action, if warranted by the circumstances.

Opportunity to Justify a Positive Test Result. When a confirmed positive test result is received from the testing laboratory, the employee shall be notified in writing, and provided the opportunity to justify the result by submitting evidence that the result could have been caused by the use of a legally prescribed medication. Any such evidence shall be evaluated by the Tribe's Health Director or his/her designated Drug Program Medical Review Officer.

Finding of Drug Use and Disciplinary Consequences. An employee who voluntarily admits the use of an illegal drug, or provides a sample which is verified as positive for the presence of an illegal drug, shall not be subject to disciplinary action when the employee obtains counseling or rehabilitation and thereafter refrains from using illegal drugs. Determination of the appropriate rehabilitation/counseling plan shall be made by the Tribe's Health Department or Substance Abuse Program. The employee may contest the recommended plan before the Tribal Council, but must abide by the terms of the plan approved by the Committee for his or her rehabilitation.
  1. Probationary Period. An employee who engages in rehabilitation or counseling will be placed on probation for a period of six (6) months and, as a condition of continued employment, shall refrain from using any illegal drug; compliance with this section shall be verified with drug testing as provided in Sec. 207.4. The employee's supervisor shall be notified of the probationary status.
  2. Disciplinary Actions. An employee who fails to successfully complete the probationary period, or who does not agree to engage in the mandated counseling and/or rehabilitation after drug use has been found, is subject to disciplinary action under Chapter 7. The employee's supervisor shall be notified of the employee's actions by the Health Director.

 

Refusal to Take Drug Test Wizen Required. An employee who refuses to be tested when required to do so is subject to the full range of disciplinary actions under Chapter 7, including dismissal. Attempts to alter or substitute a specimen provided is deemed a refusal to take a drug test when required. The employee's supervisor shall be notified of the refusal by the Health Director.

Mandatory Dismissal. An employee shall be subject to dismissal immediately under the following conditions.

  1. The employee's conditions for employment require that the employee be drug free at all times, whether or not the consumption occurs outside working hours;
  2. The employee is found to use illegal drug(s) after a first finding of such use; or
  3. The employee's use of an illegal drug poses an immediate and recognizable danger to other employees or the safe operation of the program in which the employee is working.

Employee Assistance Plan Committee. The development of counseling and rehabilitation programs for Tribal employees shall be conducted by an Employee Assistance Plan Committee, which may be composed of the Tribe's Health Department Director, the Tribe's Physician Assistant, the Tribe's Medical Program Director, the Tribe's Psychologist, and such other persons deemed appropriate by the Tribal Council. The Committee shall also provide recommendations from time to time to the Tribal Council concerning the operation and improvement of the Tribe's Plan for a Drug-Free Workplace, and shall supervise the drawing of employee names for random testing selection.

In no event shall the employee's records relating to this Rule be provided to any other agency or department; however, the statistical, non-identifiable results of the Tribe's Plan may be provided to those agencies as demonstration of the Tribe's compliance with the applicable federal law and contractual requirements. The statistical information to which this paragraph pertains is described in the following paragraph.

Statistical Information which the Tribe Must Maintain. Anonymous statistical information must be maintained by the Tribe, pursuant to federal law and regulation, of the following;

  1. Random tests, reasonable suspicion tests, follow-up tests, or applicant for employment tests administered;
  2. Verified positive test results;
  3. Voluntary drug counseling referrals;
  4. Involuntary drug counseling referrals;
  5. Terminations or denial of employment offers resulting from refusal to submit to testing;
  6. Terminations or denial of employment offers resulting from alterations of specimens;
  7. Terminations or denial of employment offers resulting from failure to complete a drug abuse counseling program; and
  8. Number of employees who successfully complete a drug abuse counseling program.

Data supporting the type of information listed in this section shall be maintained by the Tribe's Health Director.

Employee Access to Records. Any employee who is the subject of a drug test shall, upon written request, have access to any records relating to his/her drug test.


Schedule of Approvals and Changes

1. Adoption of Original Policy
          Tribal Council Meeting of October 1,1995

2. Revisions
         Chapter 2 Recruitment, Selection and Appointment
         Chapter 7 Separations from Employment, sections 7.1 through 7.4 adopted at Tribal Council Meeting of
                October 13,1996

3. Revisions
          Chapter 8 Grievance Procedure adopted at Tribal Council Meeting of April 13,1997

4. Revisions
          Chapter 2 Recruitment, Selection and Appointment: 2.5 part
          Chapter 3 Personnel Administration and Development: 3.5 Probationary Period
          Chapter 4 Employee Compensation: 4.1 all salaried
          Chapter 5 Work Hours and Schedules: 5.2 Compensatory Time
          Chapter 6 Benefits, Holidays and Leave: 6.1 full-time employees; 6.8 part: carry over 80 hours annual;
          6.9 Personal Leave - adopted at Tribal Council Meeting of December 14,1997

5. Revisions
         Chapter 2 Recruitment, Selection and Appointment: section 2.7 Background Investigations adopted at
         Tribal Council Meeting of July 13,1998


Wage Grid Policy
General Description of Levels

Adopted February 21,1999

Level 1- Entry level, training, and part-time positions

Generally jobs which require little or no training, no education minimum, Includes summer youth positions, untrained clerks and typists, custodians, maintenance workers.

Level 2 - Basic services

Non-supervising positions in organization support and client service, such as secretarial, clerical, data entry, reception, medical records, untrained community health representatives or outreach workers. May include uncertified law enforcement officers in training.

Level 3- Program Coordinators and Directors, Law Enforcement Officers

Responsible to run programs, meet with Committees, may be supervisors. Includes sworn law enforcement officers, purchasing agent, office manager, enrollment officer, trained community health ~ representatives or outreach workers.

Level 4 - Executive and Supervisory

Duties include reports to Tribal Manager, supervise staff, oversee multiple programs. Certain positions might require licenses and /or degrees. Includes health director, family services director, law enforcement captain, conservation enforcement captain.

Level 5- Administrative and Professional

Duties include reports to Tribal Manager and Tribal Council, organization-wide decision-making. Certain positions might require licenses and/or degrees.


Wage Grid Comments

The starting wage for a Level is the lowest wage to be offered. The top of the starting - wage range is 30% higher than the lowest wage. The actual starting wage for one employee is negotiable within the range.

Each job posting shall be for a specific Level. All newly-hired employees shall begin at Step 1 within the job's Level at a specific hourly rate negotiated at hiring Starting wages in excess of the maximum may be negotiated between the employee and the Tribal Manager, but in no case shall the negotiated wage exceed the maximum by more than 5%. Future increases are not negotiated at hiring: instead, the wage grid is applied. All Step 1 positions are probationary (that is, continued employment is conditional on favorable performance evaluation). However, existing employees who accept a job at a higher Level as Step 1 retain the right to their previous [lower level] position if the probationary evaluation is unsatisfactory. This is encourage employees to improve themselves and strive for higher Level position without risk to employment.


General Description of Steps in the Wage Grid

The range of percentages in the wage grid (from 0 to 4 percent at any Step) is the range of increase that may be applied over the actual wage rate from the previous Step. After the performance appraisal is completed, the supervisor and the tribal Manager or Assistant Manager shall agree to an overall rating of one of the following, with corresponding increase to be granted:

Must improve immediately
Need improvement
Satisfactory
Highly effective
Outstanding
0% (no increase)
1%
2%
3%
4%

There is no maximum number of Steps for any Level. The grid is understood to be expanded to as many Steps as needed: every Step is a range of zero to four percent (0-4%) increase over actual wage.

To determine an employee's new rate of pay when advancing one Step, multiply the old wage times the percentage determined between the supervisor and the tribal Manager as described above, and add the result to the old wage.

Other than the first Step, the waiting time between steps is normally twelve months. The Tribal Manager shall have the discretion to request performance evaluations by the supervisor in shorter periods of time ("short Steps") for exceptional performance, whether exceptionally good or exceptionally poor. However, any one employee shall not receive two short Steps in a row: after receiving a short Step, the twelve-month wait for the next evaluation is mandatory.


Cost of Living Increases

Each year on March 1 and September 1, the controller shall present to the Tribal Manager a proposal for cost of living adjustment to be based on the consumer price indices for January and July respectively. After confirmation of accuracy and adequate budget, the Tribal Manager shall order a percentage adjustment to all current employees' rates of pay and to the wage grid. Such percentage is the permanent increase in each employee's rate of pay and in the lower-limit rate of pay in Step 1 of the Wage Grid for each Level. (Cost) of living allowances therefore require a revision of the wage grid's Step 1 column.) Since the upper-limit, rate of pay in Step 1 is defined as thirty percent (30%) higher than the lower limit, the upper limit is automatically redefined when a cost of living increase is granted.


Wage Grid's Relationship to Performance Evaluations

The probationary period (three months, per personnel policy, in Step 1) is ended only upon completion of a satisfactory-or-better performance evaluation by the supervisor. This performance evaluation is expected to be completed shortly after three months from the hire date. However, failure of the supervisor to complete the evaluation in a timely manner shall not constitute agreement that the employee has completed the probation.

If an employee is moved to the next Step, the effective date shall be based on the due-date of the performance evaluation (not the actual completion date).

There are three actions which may occur at the end of an employee's probationary period (first three months).

These are:

  1. the employee may be moved to Step 2
  2. the probationary period may be extended for 180 days
  3. the employee may be terminated

Extension of the probationary period requires the approval of the Tribal Manager and may be done only once. An extension will require a written plan for improvement which must be accepted by the employee. Unsuccessful completion of the extended probationary period will result in termination except for an employee who had a previous position at a lower level: such employees may elect to return to their previous position.

Advancement from one Step to the next, at any Level, after the probationary period is dependent on the following three factors:

  1. completion of a minimum time period (normally 12 months except for Step 1 or "short Steps" described above).
  2. satisfactory-or-better performance evaluation and acceptance of the improvement-plan conditions, if any.
  3. completion of the improvement-plan conditions from the previous performance evaluation, if any.


Wage Grid-Increase

Level Step 2 3 4 5 6 7

Level l
$5.53 - $7.17
($11,502 - $14,914)

0-4% 0-4% 0-4% 0-4% 0-4% 0-4%
Level 2
$6.72 - $8.73
($13,978 - $18,158)
0-4% 0-4% 0-4% 0-4% 0-4% 0-4%
Level 3
$8.79 - $11.43
($18,283 - $23,774)
0-4% 0-4% 0-4% 0-4% 0-4% 0-4%
Level 4
$12.41- $16.14
($25,813 - $33,571)
0-4% 0-4% 0-4% 0-4% 0-4% 0-4%
Level 5
$15.52 - $20.17
($32,282 - $41,954)
0-4% 0-4% 0-4% 0-4% 0-4% 0-4%

These amounts listed are after the COLA was added to all levels. (Effective September 1,1999)


Purchasing Policies and Procedures

Policies

General Standard

The objective of these policies and procedures is to assure that the Tribe acquires needed goods and services at a fair market prices or better. If there are any benefits from purchasing from a particular source, such benefits should accrue to the Tribe and not to the purchasing agent or other person(s) making the purchasing decision.


Applicability

The general standard shall apply to all purchases or acquisition of goods or services, regardless of dollar value. The specific policies and procedures to be used for any purchasing decision depend on the dollar-value of the purchase as follows:

  1. "Small purchase" policies and procedures shall apply to acquisition of goods and services valued at or below $500. With the exception of purchases from related parties (family members, partly-owned or wholly-owned companies of family members, and other relationships that might appear to be less than a normal business relationship), small purchases can be approved by program coordinators and directors. Certain categories of purchases may be defined as "medium" purchases regardless of dollar-value: see the detailed policies and procedures below. If the Tribe appoints a purchasing agent, such person shall normally make all purchasing decisions in the small-purchase value range and the authority of program coordinators shall be restricted to approval of the charge to a particular program. That is, program coordinators and directors shall not have authority to determine exact source or to initiate a purchase of any kind.
  2. "Medium purchase" policies and procedures shall apply to acquisition of goods and services valued between $500.01 and $2,500.00. Medium purchases shall require the approval of the Tribal Manager, unless there is a potential claim that a transaction is from a related party: such purchases shall require Tribal Council approval. If the Tribe appoints a purchasing agent, such person shall normally make all purchasing recommendations in the medium-purchase range with the purchasing decision made by the Tribal Manager. The authority of program coordinators and directors shall be restricted to specifying requirements and recommending sources.
  3. "Large purchase" policies and procedures shall apply to acquisition of goods and services values at $2,500.01 and over. Large purchases shall require the approval of the Tribal Council. The Council retains the right to decide whether individual Tribal Council members should abstain from voting on a purchasing decision for any reason: this purchasing policy does not have any authority over the Tribal Council.


Small Purchases (generally $500 and under)

Examples of small purchases include disposable office supplies (paper, pens, file folders, staplers, message pads, postage), office cleaning supplies, some software, small equipment (wastebaskets, file cabinets, chairs), short-term contractual services, and overnight lodging. For managerial control, conference registration and airfare purchases are specifically reclassified as "medium" purchases regardless of dollar value.

No employee below the level of program coordinator or director shall place orders or in any other way commit the Tribe or its programs to purchase goods or services. The involvement of program coordinators and directors is normally limited to preparing a requisition for fulfillment by the purchasing agent (if any) or office manager. Such requisition will specify any special requirements and may suggest a source or sources. It will also specify the program and expense line-item to which the purchase shall be charged.

The purchasing agent or office manager has the authority and responsibility to place orders to fill requisitions in the small-purchases range. Orders are not to be placed by program coordinators or directors except as allowed by the purchasing agent or office manager for specific occasions (for example, to allow the program coordinator to talk directly with the vendor about specifications while placing he order).

The purchasing agent or office manager may elect to acquire frequently-ordered goods in larger quantities and to create a stock of such items in order to buy at favorable prices. Such extra stock will not be charged to programs until requisitioned by the programs. Orders of small items totaling more than $500 for this purpose will be considered "medium" purchases requiring the approval of the Tribal Manager.


Medium Purchases (generally $500.01 to $2,500.00)

Example of medium purchases include computer equipment and large office equipment (printers, heavy file cabinets, typewriters), multi-day contractual agreements, all airfare regardless of value, all conference registration regardless of value, some software, and bulk purchases of small items to create a stock from which to fill requisitions by programs.

Program coordinators and directors may prepare requisitions for fulfillment by the purchasing agent (if any) or office manager. Such requisition will specify any special requirements and may suggest a source or sources. It will also specify the program and expense line-item to which the purchase shall be charged.

The purchasing agent or office manager may not place orders to fill medium-purchase requisitions unless such requisitions are approved by the Tribal Manager. The purchasing agent will normally locate more than one potential source for goods and services in this dollar range and present the information to the Tribal Manager for decision-making.

The Tribal Manager may, at his/her discretion, require evidence from program coordinators or directors of the direct relationship between requested purchases and the goals of the funding program. Examples of situations where such evidence might be required are conference registrations and equipment purchases.


Large Purchases (generally over $2,500)

Examples of large purchases include computer systems, long-term training and conference registrations, and contractual agreements.

The duty of the purchasing agent or office manager in large purchases is to collect information to assist the Tribal Manager in presenting the proposed purchase to the Tribal Council. While the program coordinator or director may prepare the requisition which initiates the purchase process, only the Tribal Council can approve a large purchase.

Whenever practical, bids shall be obtained and a summary report comparing the bids will be presented to the Tribal Council. If a contractual agreement for personal services is proposed, the Tribal Manager may expect to justify the recommendation that a particular person has been chosen, and a sample contractual agreement (contract) shall be presented. The Tribal Council may approve a contractual agreement by resolution authorizing the Tribal Manager to sign, or the Council may choose to directly affirm a contract.


Procedures


Requisitions and Purchase Orders

The purchasing process for all acquisitions of goods and services begins with the preparation of a requisition. A sample is attached. The following elements of a requisition are required to be completed before the requisition may be accepted by the purchasing agent or office manager:

  1. program number and line-item number of the benefitting program.
  2. signature of the program coordinator or director of the same program (may be signed by the Tribal Manager instead) indicating that the requested item is a proper item for use by the program and that adequate funds are available.
  3. description of the desired item adequate to allow the purchasing agent to shop for the item.
  4. date of request.

The following items are optional (but recommended):

  1. a suggested source (example: catalog name, page number, stock#).
  2. some indication of the urgency of the request.
  3. a price range which indicates that the program coordinator knows approximately how many program dollars will be spent.
  4. any other information which will help the purchasing agent.

The program coordinator may wish to retain a photocopy of the requisition for the program files, as the original will be kept by the purchasing agent.

Upon receipt of the properly-completed requisition, the purchasing agent or office manager will attempt to locate the best source for obtaining the item(s) "Best" does not necessarily mean least expensive: availability, urgency, and suitability to use are some of the factors which the purchasing agent may consider.

A purchase order is prepared (sample attached). The signature on the purchase order will depend on the size of the order as defined in the policy. "Small" orders may be signed and placed by the purchasing agent or office manager. "Medium" orders require the signature of the Tribal Manager. "Large" orders require approval by the Tribal Council.

The completed purchase order may be mailed as the original order, or it may be used to confirm a telephone or fax order (in which case it shall be marked "TO CONFIRM TELEPHONE/FAX ORDER"). The original should be mailed and a copy shall be retained in a file, attached to the original requisition, pending receipt of the goods and vendor invoice.

When the goods are received, the receiving party should initial the packing slip (if any) which will be attached to the copy of the purchase order and the original requisition. When the invoice is received, the purchasing agent or office manager matches it to the purchase order copy and verifies that the items received were the items ordered. The combined documents are then sent to the accounting department for payment. NOTE: If the original requisition was properly signed by the program coordinator or director, then NO CHECK REQUEST IS REQUIRED for processing by the accounting department. That is, the program coordinator's signature on the original requisition authorizes the charge to the program, and the purchasing agent's signature on the packing slip indicates receipt of the items.

Blank, unsigned requisitions have no value and do not need to be pre-numbered or otherwise accounted for. Purchase orders shall be pre-numbered and logged in a purchases register, which may be computerized, written, or typed. The purchases register shall be capable of showing the current status of all purchase orders as either open, awaiting invoice, or closed. Purchase orders sent to the accounting department for payment but not yet paid shall be considered closed for the purposes of this register. (This relieves the purchasing agent of the responsibility of getting the check written.) The accounting department may periodically prepare a list for the purchasing agent of checks written to pay purchase orders: check numbers should then be added to the purchases register.

In situations where the requisitioned items are already in stock, the requisition may serve as an internal transfer charge advice. No purchase order will be required in this circumstance, and the program coordinator's signature will serve as authorization to charge the appropriate program with the value of the goods transferred from stock to the program. The purchasing agent indicates on the requisition that it was "filled from stock" and sends the requisition to the accounting department for the bookkeeping entry to charge the program and credit the stock account.


Special Circumstances: Contractual agreements

Contractual agreements to fulfill functions of a Tribal program maybe written either by the contractual consultant or by the Tribe (usually the Tribe's attorney) but in either case must be approved by the Tribal attorney for legal correctness. Such agreements shall explicitly indicate, as a minimum, the following items:

  1. that the contractor is not an employee.
  2. that method shall be used to mediate disagreements arising from the contract.
  3. the Tribe's position regarding its sovereign immunity in regard to this particular contract.
  4. a maximum dollar amount that may be paid to the contractor, regardless of the method of calculation for payment - that is, no open-ended contracts may be used.

 

For purposes of determining the size of the purchase, the maximum dollar amount listed above in item 4 shall be used. That is, if the maximum dollar amount of the contract is between $500.01 and $2,500.00, the Tribal Manager may sign the contract. Contracts above that range require Tribal Council approval, and contracts below that range may be signed by the program director or coordinator after the purchasing agent and attorney approve.


Travel Policy: General Principles and Policies

adopted by Tribal Council, April 14,1996 Revised Edition - Council Approval April 24, 2000

For travel on Tribal business, the Tribe expects to reimburse its employees, Tribal Council and committee members at a fair rate which covers the approximate actual costs. The mileage rate, meals & incidental expenses (M&IE) rate, and lodging rates allowed under Federal Travel Regulations (FTR) are presumed to be the fair rates.

When using a personally-owned vehicle (POV), mileage will be reimbursed at the appropriate FIR rate based on odometer readings. When using a Tribally-owned vehicle, only the actual expenses of fuel, oil, maintenance, parking, and tolls will be reimbursed. When using a rental vehicle, only the actual expenses of the rental, fuel, parking, and tolls will be reimbursed.

Travel within the Tribe's service area should not normally require an overnight stay. Mileage will be reimbursed only for miles actually driven by specific vehicles. (That is, mileage will not be paid for trips not taken or for vehicles not driven: persons sharing a ride will not be paid mileage expenses that they did not incur.)

The only allowable expense for travel within the service area is mileage. Mileage reimbursement is normally based on actual odometer readings. Such readings are the responsibility of the person claiming the expense. Odometer readings are considered evidence that a trip actually occurred. Failure to retain odometer readings will not invalidate a claim for mileage reimbursement unless such failure becomes habitual.

Trips involving air travel will be arranged by the purchasing agent whenever practical, with bills paid directly by the Tribe. Expenses paid by the employee and reimbursable by the Tribe include mileage to and from the airport, meals & incidental expenses (1\4&IE), lodging, taxicabs, and car rental if more than one employee is on the trip.

Travel advances will normally be made by the Tribe when overnight travel is planned. The employee is expected to close out travel advances within three business days after return by submitting the documentation needed to determine whether the Tribe owes additional funds to the employee or the employee owes funds back to the Tribe.


Procedures Overview

The easiest way to prepare a travel expense request is to determine which type of travel is being taken and complete the appropriate form. Refer back to this section if further explanation is required. The types of travel are:

  1. Travel not including overnight stay, within the service area: MILEAGE FORM
  2. Travel not including overnight stay, eight hours or more going outside the Tribe's service area: MILEAGE/M&IE FORM
  3. Travel including overnight stay, with commercial lodging: TRAVEL ADVANCE and TRAVEL CLOSEOUT FORM
  4. Travel including overnight stay, without commercial lodging: TRAVEL ADVANCE and TRAVEL CLOSEOUT FORM


Explanations for Types of Travel

  1. Travel not including overnight stay, within the service area (regardless of duration). Submit a mileage reimbursement request which includes odometer readings, date, time, and purpose of trip. Reimbursement will be made at the most recent Federal Travel Regulation mileage rate for personally owned vehicles (POV) as published in the Federal Register. Lacking actual odometer readings, a chart of standard distances may be prepared by the Accounting Department for use on routine itineraries. Other allowable travel expenses in this category include parking fees and bridge tolls. Not allowable: meals, fuel or oil purchases, tires, repairs, road service, insurance, vehicle rental, traffic citations, and parking fines.
  2. Travel not including overnight stay, eight hours or more duration going outside the Tribe's service area.
    1. Trip duration is measured beginning at the time leaving the first assigned workstation (normally the Tribe's offices) and ending at the time returning to the end-of-day assigned workstation. Barring a supervisor's order to the contrary, common sense will determine whether the first and last assigned workstations for the day are the office or the employee's home. For example, if travel is expected to begin before office hours and end after office hours, the employee's home may be considered the first assigned workstation and the end-of-day assigned workstation.
    2. Travel of eight hours or more going outside the Tribe's service area will qualify for meals & incidental expenses (M&IE) reimbursement as well as mileage. M&IE is calculated using the Federal Travel Regulation charts for the destination city or county. The FTR chars are for 24 hour periods: determine the number of whole hours from the time of departure to the time of return and multiply this number times 1 /24 of the M&IE rate for the destination.
    3. M&IE calculated as above does not require receipts for payment. You may need such receipts, however, as proof of completion of the travel. Since the M&IE rate is listed for specific areas, the rate is presumed to be adequate to cover actual expenses, and spending in excess of the allowable rate will not be reimbursed. (Spending less than the rate is in the best interest of the employee, as s/he keeps the difference.)
  3. Travel including overnight stay
    1. Lodging expense.
      1. With receipts: the lodging rate found in the Federal Travel Regulations for the destination city or county is the maximum reimbursable rate, regardless of actual expense. (When making reservations, the employee needs to take care that the actual expense will not exceed the amount reimbursable, which is a common problem in expensive areas.) Reimbursement will be made based on receipts, which are required for each night claimed. Also allowable on the lodging receipt is the charge for telephone calls to the Tribal office or related business calls. Personal calls, room service charges, and video rentals are considered incidental expenses covered within the M&IE allowance: they will not be reimbursed.
      2. Without lodging receipts (staying with friends or family, for example): the Tribe recognizes cost-saving efforts by employees who stay with friends or family by paying 25% of the FTR lodging rate with no receipts required. This is assumed to offset out-of-pocket expenses of the employee in contributing to meals and entertainment of the host individuals. This is also the lodging rate that is paid when the employee fails to provide a lodging receipt or to otherwise prove that lodging expenses were incurred.
    2. Meals & incidental expenses (M&IE): these are allowable without retaining receipts, as described above in part 2 (b) and (c).
    3. Mileage: allowable for personally-owned vehicle as described above in part 1. Mileage to and from public transportation points is also allowable (to and from an airport, for example).
    4. Other expenses: taxicab and shuttle service expenses which are supported with dated receipts will be reimbursed. If more than one employee is on the same trip, reimbursement for rental car and associated expenses will also be made. Parking fees, bridge tolls, and similar expenses will also be reimbursed if receipts are presented. Not allowable: traffic citations and parking fines.

Personnel Manual
Ordinance # ##-600-01
Amended -
Updated: June 6, 2001(10:36am)

Back to Table of Contents


Chapter 700 - Programs

HOUSING COMMISSION ORDINANCE
Ordinance # 96-700-01

(Recodified and amended: January 1, 1999)



Section 1. Creation of Tribal Housing Commission.

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians' Tribal Council by its Constitution and particularly by Article IV, Section 7(a) and ft defining the Powers of the Tribal Council and its authority to provide for the health, safety, morals, and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby establishes a public body known as the Little River Band of Ottawa Indians Housing Commission (hereinafter referred to as "the Commission"), and enacts this ordinance which shall establish the purposes, powers, and duties of the Commission.

1.02. Ordinance as Proof of Authority. In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of the ordinance duly certified by the Recorder/Secretary of the Council shall be admissible in evidence in any suit, action, or proceeding.


Section 2. Declaration of Need and Purpose.

2.01. Declaration of Need. It is hereby declared:

  1. That there exist in the Little River Band of Ottawa Indian's Service Area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, and Wexford Counties in the State of Michigan, unsanitary, unsafe, and overcrowded dwelling accommodations; that there is a shortage of decent, safe, and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; that there is insufficient dwelling accommodations to meet the needs of the Little River Band Tribal members desirous of residing within the Tribal Service Area; and that such shortage forces such persons to leave the area or occupy unsanitary, unsafe and overcrowded dwelling accommodations;
  2. That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals, and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;
  3. That the shortage of decent, safe and sanitary dwellings cannot be relieved through the operation of private enterprises;
  4. That the provision of decent, safe and sanitary dwelling accommodations are public uses and purposes, for which money may be spent and private property acquired and are governmental functions of Tribal concern;
  5. That residential construction activity and a supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this ordinance to aid the production of better housing and more desirable neighborhood and community development at affordable costs will make possible a more stable and larger volume of residential construction and housing supply.

 

2.02. Purposes. The Commission shall be organized and operated for the purposes of:
  1. Assisting and promoting affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on the Tribe's Reservation, Service Area and other areas for occupancy by Indian families;
  2. Assuring better access to private mortgage markets for the Tribe and its members and to promote self-sufficiency for the Tribe and its members;
  3. Coordinating Tribal activities to provide housing services to the Tribe and its members with Federal, State, and local activities to further economic and community development for the Tribe and its members;
  4. Coordinating with other Tribal agencies to plan for and integrate infrastructure resources for the Tribe with housing development;
  5. Promoting the development of private capital markets on the Tribe's Reservation and to allow such markets to operate and grow to the benefit of the Tribal community;
  6. Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals; and
  7. Alleviating the acute shortage of decent, safe and sanitary dwellings within the Tribe's Service Area.

Section 3. Definitions.

3.01. The following terms, wherever used or referred to in this Ordinance, shall have the following respective meanings, unless a different meaning clearly appears from the context:

  1. 'Affordable Housing Activities"means activities to develop or support affordable housing for rental or homeownership, or to provide housing services with respect to affordable housing, through activities that include the following:
    1. The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include real property acquisition, site improvement, development of utilities and utility services, conversion, demolition, financing, administration and planning and other related services;
    2. The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership assistance, establishment and support of resident organizations and resident management agencies, energy auditing, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to participate in other housing activities authorized under Federal housing laws and this charter;
    3. The provision of housing management services for affordable housing, including preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, and the management of affordable housing projects;
    4. The coordination, planning and provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime.

      The term affordable housing activities includes permanent housing for homeless persons, persons with disabilities, transitional housing, and single room occupancy housing.
  2. "Area of Operation" means the primary area within which the Commission is authorized to provide assistance for affordable housing, and the term "Area of Operation" is synonymous with the term "Service Area" and "Indian Area", conventionally used by HUD and by many Tribes.
  3. "Commission " means the Little River Band of Ottawa Indians Housing Commission, and the term "Commission" is synonymous with the term "Authority" and "Tribally Designated Housing Entity", conventionally used by HUD and by many Tribes.
  4. "Constitution " means the Constitution of the Little River Band of Ottawa Indians, ratified by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10, 1998.
  5. "Council " means the Little River Band of Ottawa Indians Tribal Council, which is invested with the legislative powers of the Tribe pursuant to Article IV of the Constitution.
  6. "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
  7. "Homebuyer"means a person(s) who has executed a lease-purchase agreement with the Commission, and not yet achieved homeownership.
  8. "Housing project" or 'project" means any work or undertaking to provide or assist in providing (by any suitable method, including but not limited to: Rental, sale of individual units in single or multifamily structures under conventional, condominium, or cooperative sales contracts, or lease-purchase agreements; loans; or subsidizing of rentals or charges) decent, safe, and sanitary dwellings, apartments, or other living accommodations. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational welfare, or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.
  9. "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligations issued by the Commission pursuant to this ordinance.
  10. "Obligee" includes any holder of an obligation, agent or trustee for any holder of an obligation, or lessor demising to the Commission property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal government when it is a party to any contract with the Commission in respect to any housing project.
  11. "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.

Section 4. Board of Commissioners.

4.01. The affairs of the Commission shall be managed by a Board of Commissioners composed of five persons.

4.02. Appointment of Commissioners. The Commission members shall be appointed, and maybe re-appointed, by the Council from the list of persons nominated by the Tribal Ogema. A certificate of the Recorder of the Council as to the appointment or reappointment of any commissioner shall be conclusive evidence of the due and proper appointment of the commissioner.

4.03. Qualifications for Appointment. Any Tribal member or other person 18 years of age or older may be nominated for appointment to the Commission. A commissioner may be a member or nonmember of the Tribe, and may be a member or nonmember of the Tribal Council, provided that no more than two (2) of the five (5) commissioners may be non-tribal members.

4.04. Appointment of Project Beneficiaries. No person shall be barred from serving on the Commission because s/he is a tenant or Homebuyer in a housing project of the Commission, and such commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants or Homebuyers, even though such matters affect him/her as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his/her capacity as a tenant or Homebuyer), or to be counted or treated as a member of the Commission, concerning any matter involving his/her individual rights, obligations or status as a tenant or Homebuyer.

4.05. Term of Office.

  1. Initial Appointments. The term of office for commissioners shall be four years and staggered, provided that when the Commission is first established, one member's term shall be designated to expire in one year, another to expire in two years, a third to expire in three years, and the last two in four years. Thereafter, all appointments shall be for four years, except that in the case of a prior vacancy. Each member of the Commission shall hold office until his successor has been appointed and has qualified.
  2. Vacancies. In the case of any vacancy resulting from the death, resignation or removal of a Commissioner, the Tribal Ogema shall nominate one or more persons for appointment by the Tribal Council to fill the vacant position within 30 days after such vacancy occurs. The term of office for any person appointed to fill a vacancy shall be only for the length of the unexpired term he/she is filling.

 

4.06. Appointment of Commission Officers. The Council shall designate one of the Commissioners appointed to serve as Chairperson of the Commission. The Commission shall elect from among its members a ViceChairperson, a Secretary, and a Treasurer, and any member may hold two of these positions. In the absence of the Chairperson, the Vice-Chairperson shall preside, and in the absence of both the Chairperson and ViceChairperson, the Secretary shall preside. If the Chairperson should die, resign or be removed from office during his/her term of office, the Council shall designate another Commissioner to serve as Chairperson for the balance of his/her term.

4.07. Removal of Commissioner. A member of the Commission may be removed by the appointing power for serious inefficiency, neglect of duty, or for misconduct in office, but only after a hearing before the Tribal Council and duly after the member has been given a written notice of the specific charges against him/her at least 10 days prior to the hearing. At any such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his/her behalf. In event of removal of any Commission member, a record of the proceedings, together with the charges and findings thereon, shall be maintained by the Tribal Council.

4.08. The Commissioners shall not receive compensation through the Commission for their services but shall be entitled to a stipend for attendance at each meeting of the Commission. Subject to approval of such expenses in the Commission's budget, Commissioners may receive reimbursement for actual expenses, including travel expenses, incurred in the discharge of their duties.

4.09. Quorum to Conduct Business. A quorum of the Commission shall constitute three members of the Commission.

4.10. Duties of Secretary. The Secretary shall keep complete and accurate records of all meetings and actions taken by the Commission. These records shall be retained at the offices of the Housing Commission.

4.11. Duties of Treasurer. The Treasurer shall keep full and accurate financial records, make periodic reports to the Commission, and submit a complete annual report, in written form to the Council as required by Section 8.01 of this ordinance.

4.12. Meetings of the Commission. Meetings of the Commission shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon 24 hours actual notice and business transacted, provided that not less than a majority of the full Commission concurs in the proposed action.


Section 5. Powers

5.01. The Commission shall have perpetual succession in its corporate name.

5.02. Consent to Suit. The Tribal Council hereby gives its irrevocable consent to allowing the Commission to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and hereby authorizes the Commission to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribe shall not be liable for the debts or obligations of the Commission. Any consent to suit or waiver of immunity shall be in writing and evidenced by a duly adopted Resolution of the Commission. Consents to suit or waivers of immunity shall be specific in nature and shall designate the forum (courts) in which such consent applies, the party(ies) to whom such consent or waiver extends, contain a fixed limited time during which the consent or waiver shall be valid, and include appropriate limitations on recourse, and any contingent matters or conditions precedent to enforcement. Any consent to suit or waiver of immunity, which relates to, or provides as security, interests in Tribal lands, may also require the approval of the Secretary of the Interior in accordance with 25 U.S.C. Section 81. A copy of agreements or obligations containing a consent or waiver, together with the Resolution authorizing such consent or waiver shall be filed with the Tribal Council.

5.03. The Commission shall have the following powers, which it may exercise consistent with the purposes for which it is established:

  1. To adopt and use a corporate seal.
  2. To prepare and submit the Tribe's Indian Housing Plan(s) under the Native American Housing Assistance and Self Determination Act of 1996 (Pub. L.104-330;110 Stat. 4019) and any successor authority. Prior to submitting such Plan(s), or updates/amendments thereto, the Housing Commission shall obtain the concurrence of the Tribal Council.
  3. To enter into agreements, contracts and understandings with any governmental agency, Federal, state or local (including the Tribal Council) or with any person, partnership, corporation, or Indian tribe, and to agree to any conditions attached to Federal financial assistance.
  4. To agree, notwithstanding anything to the contrary contained in this ordinance or in any other provision of law, to any conditions attached to Federal financial assistance relating to the determination of prevailing salaries or wages or compliance with labor standards, in the development or operation of projects. The Commission may include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to maximum hours of labor, and comply with any conditions which the Federal government may have attached to its financial aid to any project.
  5. To obligate itself in any contract with the Federal government, to convey to the Federal government possession of or title to any project to which such contract relates upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Commission is subject, and such contract may further provide that in case of such conveyance, the Federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract; Provided, That the contract requires that, as soon as practicable after the Federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the Federal government shall re-convey to the Commission the project as then constituted. ,
  6. To lease property from the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.
  7. To borrow or lend money, to issue temporary or long term evidence of indebtedness, and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Section 6 of the ordinance.
  8. To pledge the assets and receipts of the Commission as security for debts, and to acquire, sell, lease, exchange; transfer or assign personal property or interests therein.
  9. To purchase land or interests in land or take the same by gift; to lease land or interests in land to the extent provided by law, provided that any acquisitions proposed shall be completed in accordance with the Tribe's land acquisition procedures and policies and any proposed development or use of lands shall be consistent with the Tribe's land use/acquisition plan. Where any such plans or policies allocate administrative or executive responsibilities to the Tribal Ogema, such responsibilities may be carried out directly by the Chairperson of the Commission or his/her designee.
  10. To undertake and carry out studies and analyses of housing needs, to prepare housing needs, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof.
  11. With respect to any dwellings, accommodations, lands, buildings or facilities embraced within any project (including individual cooperative or condominium units): To lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments; to make rules and regulations concerning the selection of tenants or Homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make sure further rules and regulations as the Commission may deem necessary and desirable to effectuate the powers granted by this ordinance.
  12. To finance the purchase of a home by an eligible homebuyer in accordance with the regulations and requirements of the Department of Housing and Urban Development, and/or other public or private source(s) of funding.
  13. To terminate any lease, mortgage, rental/agreement, or lease-purchase agreement when the tenant, mortgagee, or Homebuyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such tenant, mortgagee, or Homebuyer.
  14. To establish income limits for admission to Federally assisted housing that insure that dwelling accommodations in a Federally assisted housing project shall be made available only to persons of low income.
  15. To purchase insurance or participate in a risk management pool from any stock or mutual company for any property or against any risk or hazards.
  16. To invest such funds as are not required for immediate disbursement.
  17. To establish and maintain such bank accounts as may be necessary or convenient.
  18. To employ an executive director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Commission may require; and to delegate to such officers and employees such powers or duties as the Commission shall deem proper.
  19. To take such further actions as are commonly engaged in by public bodies of this character as the Commission may deem necessary and desirable to effectuate the purposes of the Commission.
  20. To adopt bylaws as the Commission deems necessary and appropriate.
  21. To develop and adopt policies and procedures for the management and operation of the Commission, provided that personnel policies and procedures adopted by the Commission are consistent with those adopted by the Tribe.

 

5.04. It is the purpose and intent of this ordinance to authorize the Commission to do any and all things necessary or desirable to secure public or private financing or the financial aid or cooperation of the Federal government in the undertaking, construction, maintenance or operation of any project by the Commission.


Section 6. Obligations.

6.01. The Commission may issue obligations from time to time in its discretion for any of its purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The Commission may issue such types of obligations as it may determine, including obligations on which the principal and interest are payable:

  1. Exclusively from the income and revenues of the project financed with proceeds of such obligations, or with such income and revenues together with a grant from the Federal government in aid of such project;
  2. Exclusively from the income and revenues of certain designated projects whether or not they were financed in whole or in part with the proceeds of such obligations; or
  3. From its revenues generally.

Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Commission.

6.02. No Personal Liability for Obligations. Neither the commissioners of the Commission nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.

6.03. No Tribal Liability for Obligations. The notes and other obligations of the Commission shall not be a debt of the Tribe and the obligations shall so state on their face.

6.04. Obligations of the Commission are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provisions of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without necessity of being restated in the obligations, a contract between:

  1. The Commission and the Tribe, and
  2. The holders of obligations and each of them, including all transferees of the obligations from time to time.

 

6.05. Obligations shall be issued and sold in the following manner:
  1. Obligations of the Commission shall be authorized by a resolution adopted by the vote of a majority of the full Commission and may be issued in one or more series.
  2. The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment and at such places, and be subject to such terms of redemption, with or without premium, as such resolution may provide.
  3. The obligations may be sold at public or private sale at not less than par.
  4. In case any of the commissioners of the Commission whose signatures appear on any obligations cease to be commissioners before the delivery of such obligations, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if the commissioners had remained in office until delivery.

 

6.06. Obligations of the Commission shall be fully negotiable. In any suit, action or proceeding involving the validity or enforceability of any obligation of the Commission or the security therefor, any such obligation reciting in substance that it has been issued by the Commission to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this ordinance.

6.07. In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Commission, subject to the limitations in this ordinance, may:

  1. Pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
  2. Provide for the powers and duties of obligees and limit their liabilities, and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations.
  3. Covenant against pledging all or any part of its rents, fees and revenues or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property.
  4. Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any project or any part thereof.
  5. Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to use and disposition of the proceeds thereof.
  6. Provide for the replacement of lost, destroyed or mutilated obligations.
  7. Covenant against extending the time for the payment of its obligations or interest thereon.
  8. Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof.
  9. Covenant concerning the rents and fees to be charged in the operation of a project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof.
  10. Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.
  11. Prescribe the procedure, if any, by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given.
  12. Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon and the use and disposition of insurance monies.
  13. Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation.
  14. Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
  15. Vest in any obligees or any proportion of them the right to enforce the payment the obligations or any covenants, securing or relating to the obligations.
  16. Exercise all or any part or combination of the powers granted in this section.
  17. Make covenants other than and in addition to the covenants expressly authorized in this section, of the like or different character.
  18. Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Commission, tending to make the obligations more marketable although the covenants, acts or things are not enumerated in this section.

 


Section 7. Miscellaneous Responsibilities.

7.01. Annual Report to Tribal Council. The Commission shall submit an annual report, signed by the
Chairperson of the Commission, to the Council showing:

  1. A summary of the year's activities;
  2. The financial condition of the Commission;
  3. The condition of the properties;
  4. The number of units and vacancies;
  5. Any significant problems and accomplishments;
  6. Plans for the future; and
  7. Such other information as the Commission or the Council shall deem pertinent.

7.02. During his or her tenure and for one year thereafter, no commissioner, officer or employee of the Commission, or any member of any governing body of the Tribe, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any project, unless prior to such acquisition, he or she discloses his or her potential interest in writing to the Commission, and such disclosure is entered upon the minutes of the Commission, and the commissioner, officer or employee shall not participate in any action by the Commission relating to the property or contract in which he or she has any such interest. If any commissioner, officer or employee of the Commission involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a commissioner, officer or employee, the commissioner, officer or employee, in any such event, shall immediately disclose his interest in writing to the Commission; and such disclosure shall be entered upon the minutes of the Commission relating to the property or contract in which he or she has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Commission issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project, or to act as trustee under any trust indenture, or to utility services the rates for which are fixed or controlled by a governmental agency, or to membership on the Commission as provided in Section 6.01 (a) (4).

7.03. Each project developed or operated under a contract providing for Federal financial assistance shall be developed and operated in compliance with all requirements of such contract and applicable Federal legislation, and with all regulations and requirements prescribed from time to time by the Federal government in connection with such assistance.

7.04. The Commission's budget shall include an appropriation of funds to obtain or provide for the obtaining of adequate fidelity bond for persons handling cash, or authorized to sign checks or certify vouchers.

7.05. The Commission shall not construct or operate any project for profit.

7.06. The property of the Commission is declared to be public property used for essential public and governmental purposes and such property and the Commission are exempt from all taxes and special assessments of the Tribe and the Commission shall take steps to assure that Commission properties which are not located on trust lands are exempt from all taxes and special assessments of local governments.

7.07. All property including funds acquired or held by the Commission pursuant to this ordinance shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgement against the Commission be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Commission on its rents, fees, or revenues or the right of the Federal government to pursue any remedies conferred upon it pursuant to the provisions of this ordinance or the right of the Commission to bring eviction actions in accordance with Section 5.03(m).


Section 8. Cooperation in Connection With Projects.

8.01. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribe hereby agrees that:

  1. It will not levy or impose any real or personal property taxes or special assessments upon the Commission or any project of the Commission.
  2. It will furnish or cause to be furnished to the Commission and the owners/tenants of projects any services and facilities the Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.
  3. Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Tribe as are reasonable and necessary to promote economy and efficiency in the development and operation of any project, and at the same time safeguard health and safety, and make such changes in any zoning of the site and surrounding territory of any project as are reasonable and necessary for the development of such project, and the surrounding territory. The Commission shall have the burden of establishing, to the satisfaction of the Tribe, that a requested deviation from building, housing or zoning codes is reasonable and necessary.
  4. It will do any and all things, within its lawful powers, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of projects.
  5. The Tribal Government hereby declares that the powers of the Tribal Government shall be vigorously utilized to enforce eviction of a tenant, mortgagee, or Homebuyer for nonpayment or other contract violations including action through the appropriate courts.
  6. The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or Homebuyer. The Tribal Government hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or Homebuyer for nonpayment or other contract violations.

 

8.02. The provisions of this Section shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed or modified without the consent of the Department of Housing and Urban Development, so long as

  1. the federally assisted project is owned by a public body or governmental agency and is used for low income housing purposes,
  2. any contract between the Commission and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such project, remains in force and effect, or
  3. any obligations issued in connection with such project or any monies due to the Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing including the Federal government, the provisions of this section shall inure to the benefit of and be enforced by such public body or governmental agency.

Section 9. Approval by Secretary of the Interior.

9.01. With respect to any financial assistance contract between the Commission and the Federal government, the Commission shall obtain the approval of the Secretary of the Interior or his designee.

Housing Commission Ordinance
Ordinance 96-700-01
Adopted - November 10,1996
Amended - December 8,1996
Recodified and Amended - January 10,1999
Updated: June 6, 2001(10:36am)

 

TRIBAL ELDERS' ASSISTANCE PROGRAM
Ordinance # 00-100-03

Section 1. Purpose.

1.01. This Tribal Elders' Assistance Program has been developed to promote the general welfare of the Elder population by assisting Tribal Elders in addressing their need for sufficient health care, housing, utilities, transportation, safety, dignity and quality of life.

1.02. It is the intention of the Tribal Council to establish this Elders' Assistance Program to be consistent with the General Welfare Doctrine as recognized by the Internal Revenue Service (IRS) and that the assistance payments made under this program be exempt from federal income taxes. (P.L.R. 8840031)(July 11,1988); Bannon v C.I.R., 99 T.C. 59, 62 (1992).

1.03. The Tribal Council believes that the most effective means of addressing the wide range of needs Tribal Elders have is to provide general assistance payments to Tribal Elders, which are not restricted to specific purposes, and which allow Elders to make their own decisions regarding the allocation or use of assistance payments.

1.04. This Ordinance is intended to comply with the requirements of the Tribal Constitution, the Little River Band of Ottawa Indians Gaming Ordinance, Ordinance No. 97-400-01, as amended, and the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq. ("IGRA").


Section 2. Findings.

The Tribal Council of the Little River Band of Ottawa Indians finds:

2.01. Tribal Elders as a class experience higher rates of poverty, isolation, chronic disease, mental health and other socio-economic problems than the general population, including the general population of Tribal members. These findings are substantiated by the 1992-1996 Long Term Care Study conducted by the Institute of Gerontology at Wayne State University, which specifically assessed the socioeconomic conditions of the Tribal Elder population of the Little River Band of Ottawa Indians. (E. Chapleski et al.)

2.02. Consistent with the traditions and values of the Anishnabek, Tribal Elders hold positions of honor and respect in our society and the institution of programs that promote the health and general welfare of Tribal Elders should be a priority of Tribal Government.

2.03. Nearly half of all Tribal Elders within the Little River Band of Ottawa Indians are 70 years of age and older. It is widely recognized that with increasing age, the incidence of chronic disease, functional limitations and other social and economic need increases.

2.04. The current, single-purpose assistance programs available through the Tribe cannot adequately meet the diverse needs of Tribal Elders.

2.05. The Tribal government has a responsibility to address the critical, unmet needs of Tribal Elders without further delay and without imposing intrusive procedural and paperwork requirements on Tribal Elders.

2.06. Tribal Elders can best be served by an assistance program that gives Tribal Elders the right to determine their own priorities and the right to allocate assistance payments to those priorities.


Section 3. Definitions. For the purposes of this Ordinance:

3.01. "Elder Assistance Payment" means the payment(s) made to Qualified Tribal Elders who apply for assistance and meet the eligibility requirements established for the Elders' Assistance Program.

3.02. "Elders' Committee" means the standing advisory committee created for the purpose of coordinating established for the purpose of representing Tribal Elders.

3.03. "Qualified Tribal Elder" means any duly enrolled Tribal member of the Little River Band of Ottawa Indians who is, or will be, 55 years of age or older as of December 31 of the year in which the Elder Assistance Payments are distributed.


Section 4. Assistance Payments to Tribal Elders.

4.01. Elders Assistance Fund. In order to promote the governmental purpose of providing for the health, welfare, and safety of Tribal Elders, the Tribal Council hereby establishes an Elders Assistance Fund to make general welfare assistance payments to Tribal Elders.

4.02. Schedule of Qualified Tribal Elders. Before October 1 of each year, the Tribal Registrar shall prepare and certify a schedule containing the name, address and age of each qualified Tribal Elder. The schedule of Tribal Elders shall be updated annually.

4.03. Every qualified Tribal Elder whose name appears on the schedule of Tribal Elders shall be eligible to receive Elder Assistance Payments authorized for the next Fiscal Year, provided he/she submits an application for assistance on the form prepared for that purpose.

4.04. The Elder's Committee, with the assistance of the Tribe's Family Services Department, shall develop appropriate procedures, including a simplified application form, to implement this Elders' Assistance Program. In promulgating those procedures, the Elders' Committee shall not have the authority to adopt any procedures which conflict with any express terms or limitations contained in this Ordinance.

4.05. Subject to the availability of general revenue funds, every Tribal Elder submitting a completed application for an Elder Assistance Payment shall receive an assistance payment according to a schedule to be proposed by the Tribal Ogema and approved by the Tribal Council.

4.06. Appropriation for Elders Assistance Fund to be Included in Tribal Budget. The Tribal Ogema shall, in consultation with the Tribal Controller, determine the amount of general revenue funds, which amount may be allocated to the Elder Assistance Program and the level of assistance payments proposed for Elders in each age classification. The Tribal Ogema shall request an appropriation of general revenue funds sufficient to fund the Elder Assistance Program proposed as part of the Tribal Budget.

4.07. The schedule of payments proposed by the Tribal Ogema for Tribal Elders shall include graduated assistance payments, which provide larger assistance payments for Tribal Elders in older age classes or for groups of Elders with greater, demonstrated unmet needs.

4.08. Tribal Elders may elect to receive their Elder Assistance Payment in a lump sum, quarterly payments or monthly payments in accordance with the procedures developed by the Elders' Committee.


Section 4a. Elder Assistance Program for Fiscal Year 2000.

4.01 a. Elder Assistance Payments for Fiscal Year 2000. For purposes of the initial assistance payments to be made in Fiscal Year 2000, the following schedule of payments shall be utilized:

  1. The sum of $2,000.00 shall be paid to each qualified Tribal Elder who is living and will have attained the age of 55 years of age, but will be less than 70 years of age as of December 31, 2000.
  2. The sum of $3,000.00 shall be paid to each qualified Tribal Elder who is living and will have attained the age of 70 years of age or older as of December 31, 2000.

 

4.02a. Elder Assistance Payments shall be made in a lump sum check mailed to the last known address

of each qualified Tribal Elder on or before December 15, 2000.

4.03a. Applications must be postmarked on or before December 15, 2000 to be eligible to receive an Elder Assistance Payment for Fiscal Year 2000. Provided that, the Tribal Council, at the request of the Tribal Ogema, may create, by resolution, exceptions to this deadline date in the interest of providing needed assistance to qualified Tribal Elder's where the application was received after the deadline date, but prior to December 31, 2000.


Section 5. Review of Elder Assistance Program.

5.01. Prior to December 1, 2001, the Tribe's Family Services and Health Departments shall survey Tribal Elders to analyze the impact and effectiveness of the Elder Assistance Program. That analysis shall include information assessing the number of Tribal Elders served, the purposes for which Elder Assistance Payments are used, and the level and type(s) of continuing unmet needs amongst Tribal Elders in various age classes to provide recommendations to the Tribal Council to improve the effectiveness of the Program.


Section 6. Severability.

6.01. If any section, or any part thereof, of this Ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by the Department of the Interior, the remainder of the section or part of this Ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.


Section 7. No Waiver of Sovereign Immunity.

7.01. Nothing in this Ordinance shall provide or be interpreted to provide a waiver of sovereign immunity from suit of the Tribe or any of its governmental officers and/or agents.


Section 8. Effective Date.

8.01. This Ordinance shall take immediate effect after the date of its enactment.

Tribal Elder's Assistance Program
Ordinance # 00-100-03
Adopted - November 11, 2000
Updated: June 6, 2001(10:36am)

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Chapter 800 - Business; Finance

TRIBAL UNIFORM COMMERCIAL CODE
Ordinance # 01-800-01


Section 1. Purpose; Findings

1.01. Purpose. The purpose of this Ordinance is to set forth the procedures regarding secured transactions relating to the Little River Casino Resort Expansion Project.

1.02. Findings. The Tribal Council, in adopting this Ordinance, makes the following findings -
  1. the Tribal Council has the delegated authority and responsibility to enact ordinances which govern contracts and agreements in order to protect the general welfare of the Little River Band as manifested in its property and other assets under Article IC, section 7(a) and (j) of the Constitution; and
  2. the Tribe is entering into financing agreements which require the identification of processes relating to creating, perfecting and enforcing security interests in collateral securing the financing agreements; and
  3. the Tribal Council has considered the development of a Uniform Commercial Code for the Tribe but has not yet begun the processes of developing that Ordinance; and
  4. the terms of the financing agreements for the Little River Casino Resort Expansion Project require . the application of a Tribal Uniform Commercial Code ("Tribal UCC") which is substantially similar to that adopted by the State of Michigan; and
  5. the Tribal Council finds that the adoption of a Tribal UCC based substantially on the State of Michigan's UCC is a critical factor in the financing agreements such that failure to do so will result in an inability to complete the project as a result of being unable to secure financing; and
  6. the Tribal Council finds that adoption of a Tribal UCC derived substantially from the State of Michigan UCC, as amended by 2000 Public Act 348, for the specific and narrowly tailored purpose of the Little River Casino Resort Expansion Project financing, and no other purpose, is within its authority.

Section 2. Adoption; Amendment; Repeal

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution # 01-0404-06.

2.02. Amendment. This Ordinance may be amended from time to time as set forth in the Constitution or in procedures adopted by the Tribal Council; provided that no such amendment shall impair the contractual rights of Lenders under the Financing Documents. Provided further, that any amendments to the State of Michigan Uniform Commercial Code adopted by the State of Michigan after adoption of this Ordinance shall not amend this Ordinance unless specifically adopted and incorporated by resolution of the Tribal Council.


Section 3. Definitions.

3.01. General. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3.02. "State UCC" means the Uniform Commercial Code of the State of Michigan, as it now exists and may be amended, including without limitation by 2000 Public Act 348.

3 .03 . "Financing Documents" means a certain Taxable Construction Loan Agreement and a certain Non-Taxable Construction Loan Agreement between the Tribe and Miller & Schroeder Investments Corporation, as Servicer; the related Notes, Note Custody Agreement, Security Agreement, Depository Agreement and Disbursing Agreement; and all other related loan documentation and agreements, as such Agreements and loan documents may be executed and delivered by the Tribe.

3.04. "Lenders" means the lenders described in the Financing Documents.

3.05. "UCC" means the Uniform Commercial Code of the State of Michigan, as amended by 2000 Public Act 348 but excluding any subsequent amendments unless expressly adopted by the Tribal Council.

3.05. "Tribal UCC" means the Uniform Commercial Code of the State of Michigan, as amended by 2000 Public Act 348 and as amended and adopted by this Ordinance.

3.06. Terms defined in the Financing Documents and not defined in this Ordinance shall have the same meaning herein as therein.


Section 4. Adoption of Uniform Commercial Code

4.01. Code. The UCC is adopted as the law of the Little River Band of Ottawa Indians, subject to the modifications set forth herein. Provided further, that this adoption is limited to Articles 1 and 9 of the UCC, together with all definitions used in such Articles and found elsewhere in the UCC.

4.02. Application Limited. This Ordinance, and its application, are limited to (i) the financing transactions related to the Little River Casino Resort Expansion Project described in the Financing Documents and (ii) any other Secured Obligations, as defined in the Financing Documents. This Ordinance, or any parts thereof, shall not apply to any transaction other than those specifically listed in this section, whether by specific application or by interpretation.


Section 5. Amendments for Tribal Uniform Commercial Code

5.01. Terms. The following terms in the UCC shall be substituted in the Tribal UCC:

  1. "Court" shall be deleted and replaced with "Tribal Court."
  2. "Judicial proceedings" and other forms and variations of this term shall refer to processes and proceedings in the Tribal Court, or such other court to which the parties have agreed in writing as having jurisdiction.
  3. "State" or "State of Michigan" where appropriate shall be deleted and replaced with "Tribe" or "Little River Band of Ottawa Indians."
  4. "Secretary of State" and "filing office" shall be deleted and replaced with "Tribal Court."

5.02. Security Interest in Pledged Revenues. Notwithstanding any other provision of this Ordinance or, to the extent applicable, the State UCC, the security interest in Pledged Revenues created by the Depository Agreement shall attach and be perfected in the Pledged Revenues (including with respect to any proceeds thereon without possession by or on behalf of the Servicer, any Servicer, any Secured Payee, the Tribe and the Depository (in each case as defined in the Financing Documents), or any agent of the above, upon the receipt thereof, whether directly or indirectly, by or on behalf of the Tribe, or any agency or instrumentality of the Tribe, and shall continue while in the possession or under the control of any of the foregoing, all without the filing of any financing statement or statements.

5.03. Financing Statements. Notwithstanding any other provision of this Ordinance or, to the extent applicable, the State UCC, a security interest requiring the filing of a financing statement to become effective shall be sufficient, and shall remain in effect once filed without need for further renewal or extension, (a) if filed on a Form UCC-1 presently acceptable for such purposes under the State UCC and (b) if filed in the office of the Tribal Court. The Tribal Court shall cause to be maintained such records available to the public as are commercially reasonable to evidence the filing of any such financing statements (and the information therein contained) and provide notice to other creditors, and shall upon request provide copies of any financing statements filed with such court. The Tribal Court shall have no other obligation under this Ordinance.

5.04. Applicability to Tribe as Government. This Ordinance shall be applicable to the Tribe notwithstanding any other provisions of this Ordinance or, to the extent applicable, the State UCC.

5.05. Location of Tribe. Notwithstanding any other provisions of this Ordinance or, to the extent applicable, the State UCC, the Tribe and all Collateral, as defined in the Financing Documents, shall be deemed located on the Tribal reservation and on land held in trust for the Tribe by the United States.

5.06. Remedies. Notwithstanding any other provisions of this Ordinance or, to the extent applicable, the State UCC, prior to exercising any non judicial remedy (other than as provided under Section 6.2 of the Springing Depository Agreement) any secured creditor shall first notify the Tribal Police and the Tribal Court in writing of its intent to exercise non judicial remedies.

Tribal Uniform Commercial Code
Ordinance# 01-800-01
Adopted - April 4, 2001
Updated: June 6, 2001(10:36am)

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Chapter 900 - Family

CHILDREN'S CODE
Ordinance # 98-900-01

(Replaces Interim Code adopted by Resolution # 96-0701-04)

Section 1. Short Title and Purpose.

1.01. Short Title. This ordinance shall be entitled "The Children's Code."

1.02. Purpose. The children's code shall be liberally interpreted and construed to fulfill the following expressed purposes:

  1. To provide for the welfare, care and protection of the Indian children and families within the jurisdiction of the Little River Band of Ottawa Indians;
  2. To preserve the unity of the family;
  3. To take such actions that will best serve the spiritual, emotional and physical welfare of the child and the best interest of the Tribe to prevent the abuse, neglect and abandonment of children;
  4. To provide a continuum of services for children and their families from prevention to residential treatment with emphasis whenever possible on prevention, early intervention and community-based alternatives;
  5. To secure the rights of and ensure fairness to the children, parents, guardians, custodians and other parties who come before the Children's Court under the provisions of this Code;
  6. To provide procedures for intervention in state court procedures regarding Indian children and for transfer of jurisdiction over Indian children from state and other Tribal Courts to this Tribal Court;
  7. To recognize and acknowledge the Tribal customs and traditions of the Little River Band regarding child-rearing;
  8. To preserve and strengthen the child's cultural and ethnic identity whenever possible.

Section 2. Definitions.

2.01. As used in this Code:

  1. "Abandoned" The failure of the parent(s) to provide reasonable support and to maintain regular contact with the child, including provisions of adequate supervision. Failure to maintain normal parental relationship with the child without just cause for a period of six (6) months shall constitute a prima facie case of abandonment. The voluntary transfer of physical custody of a child by such child's parent(s) with extended family members or voluntary consent to placement does not constitute abandonment.
  2. "Abuse" The infliction of physical, emotional or mental injury or the causing of deterioration of a child and failing to maintain reasonable care and treatment or exploiting or overworking a child to such an extent that the child's health or emotional well-being is endangered.
  3. "Adult" A person eighteen (18) years of age of older or otherwise emancipated by order of a court of competent jurisdiction.
  4. "Binojeeuk Commission" A commission established under this code, whose members are appointed by the Tribal Council to protect the best interest of the children of the Tribe and promote the stability and security of the Tribe.
  5. "Child" A person who is less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.
  6. "Child-in-Need-of-Care" A child who/whose:
    1. has no parent(s), guardian or custodian, with legal authority, who is willing, available and able to care for the child;
    2. has suffered or is likely to suffer a physical injury intentionally inflicted which cause or creates a substantial risk of death, disfigurement or impairment of bodily function, i.e., abuse;
    3. parent(s), guardian or custodian has not provided adequate food, clothing, shelter, medical care, education or supervision necessary for the child's well-being, i.e., neglect. The fact that one of the parents is providing adequate food, clothing, shelter, medical care, education, or supervision does not excuse the neglect of the offending parent;
    4. has been sexually abused;
    5. has committed delinquent acts as a result of parental pressure, guidance, approval or failure to properly supervise;
    6. has committed any delinquent act which is considered a status offense;
    7. has been emotionally abused or emotionally neglected;
    8. has been psychologically abused or psychologically neglected;
    9. is born addicted to alcohol and/or exposed to a controlled substance;
    10. whose parents are separated and no court of competent jurisdiction has issued a temporary custody and support order; or
    11. whose parent has been convicted of a violent crime or criminal sexual crime against the other parent or a sibling of the child, or other crime of a nature that demonstrates the parent's unfitness to adequately parent the child.
  7. "Child Placement Agency" An agency licensed or approved pursuant to Tribal or state law.
  8. "Child Protection Team" A multi-disciplinary team established to involve and coordinate the child protection services of various agencies. See also Multidisciplinary Team.
  9. "Child Sexual Abuse" Sexual activity between an adult and a child for the gratification of the adult.
  10. "Child Welfare Caseworker" Member of the Family Services Department of the Little River Band of Ottawa Indians who serves as advocate, liaison, and case supervisor for families and children involved with the Tribal or State court systems in either civil or criminal matters.
  11. "Controlled Substance" A controlled substance as defined or hereafter by the Public Acts of Michigan. Currently, such controlled substances are defined by Act No. 368 of the Public Acts of 1978, as amended, being sections 3 3 3 .7101 to 3 3 3 .7544 of the Michigan Compiled laws.
  12. "Court or Children's Court" The Children's Court of the Little River Band of Ottawa Indians.
  13. "Court Appointed Special Advocate" A person appointed by the Court to represent the interests of a child who is before the Court.
  14. "Custodian" A person who is either: (a) a person other than a parent or guardian to whom legal custody of the child has been given under Tribal law or custom or by Court Order; or (b) A person other than a parent or guardian to whom physical custody of the child has been given by the parent(s) and who is providing food, shelter and supervision to the child.
  15. "Delinquent Act" An act which, if committed by an adult, is designated a crime under the laws and ordinances of the Little River Band of Ottawa Indians or the laws of the jurisdiction within which the act was committed. The term "delinquent act" also includes so-called "status offenses" which are defined as acts which, if committed by an adult, would not constitute a crime under the laws and ordinances of the Little River Band of Ottawa Indians or the laws of the jurisdiction within which the act was committed.
  16. "Domicile" A person's permanent home, legal home or main residence. The domicile of a child is generally that of the custodial parent, guardian or other person with legal custody. Domicile includes the intent to establish a permanent home or the place where the parent, guardian or custodian considers to be the permanent home.
  17. "Extended Family" A person who is the child's grandparent, aunt, uncle, brother, sister, brother-in-law, sister-in-law, niece, nephew, first cousin, second cousin, stepparent or non-kinship relations recognized by Immediate Family members.
  18. "Father" means:
    1. a man married to the mother at any time from a minor's conception to the minor's birth unless the minor is determined to be a child born out of wedlock - a child conceived and born to a woman who is unmarried from the conception to the birth of the child or a child determined by judicial notice or otherwise to have been conceived or born during a marriage but who is not the issue of that marriage.
    2. a man who legally adopts the minor or
    3. a man whose paternity is established in one of the following ways within time limits, when applicable, set by the Court pursuant to the following:
      1. the man and the mother of the minor acknowledge that he is the minor's father in a writing executed, notarized and filed in the Tribal or probate court; or
      2. the man and the mother file a joint written request for a correction of the certificate of the birth pertaining to the minor that results in issuance of a substituted certificate recording the birth; or
      3. the man acknowledges the minor without the acknowledgment of the mother with the written approval of the Court; or
      4. a man who by order of affiliation or by judgment of paternity is determined to be the father of the minor.
  19. "Foster Home" A facility licensed and approved pursuant to Tribal or state law.
  20. "Guardian" A person assigned by a court of law other than a parent having the duty and authority to provide care and control of a child.
  21. "Guardian Ad Litem" A special guardian, including a Court Appointed Special Advocate, appointed by the Court to prosecute or defend, on behalf of the child.
  22. "Immediate Family" Parent, stepparent, siblings, step-siblings, half siblings.
  23. "Indian" Any member or person eligible for membership of a federally recognized Indian Tribe, band or community or Alaska Natives, any member of a historic Tribe or band recognized by the Michigan State Indian Commission or a person considered by the community to be a North American Indian.
  24. "Indian Child" A child who is a member of a Tribe or band that is acknowledged to exist as a Tribe or band by the United States Secretary of the Interior or a historic Tribe or band recognized by the Michigan State Indian Commission or a child who is eligible for such membership who is the natural child of at least one parent who is a member or eligible for membership in such Tribe or band or a child considered by the community to be a North American Indian.
  25. "Least Restrictive Alternative" The placement alternative that is the least restrictive upon the child and the family for obtaining the objective of the Court and this code. This dispositional concept directs the Court to select the least drastic method of achieving its goal.
  26. "Legal Custody" The right to care, custody, and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or extraordinary care. The parents of a child are vested with legal custody unless such custody is taken from the parents or limited by Court Order. Only the parents with legal custody may give temporary physical and/or legal custody of a child to an adult member of their immediate or extended family unless such right is limited by Court Order.
(aa) "Minor" A person less than eighteen (18) years of age.

(bb) "Multidisciplinary Team " A team established to assist in the investigation and prosecution of cases involving sexual and physical abuse of a child.

(cc) "Parent" A person who is legally responsible for the control and care of the minor, including the mother, father, guardian or custodian including a natural or adoptive parent but does not include persons whose parental rights have been terminated nor does it include the unwed father whose paternity has not been acknowledged or established.

(dd) "Parental Rights " Legal rights which include responsibilities, duties and obligations between the parent and the child including, but not limited to:
  1. Care, custody, maintenance and protection. A child has a right to call upon the parent to exercise
    those duties.
  2. Advise the child. The law presumes that advice is given in good faith and in the best interest of the child.
  3. Right to discipline. A parent has the right to correct the child by reasonable and timely punishment, including corporal punishment which must be corrective and not punitive.
  4. Control of education. Parents may educate children in places other than public schools.
  5. Religious training. The religious training of minor children, or lack of it, is a matter solely within the parent's control.
  6. The right to a child's services and earnings.
  7. The right to direct the child's activities and make decisions regarding the child's care and control, education, health and religion.

(ee) "Presenting Officer" The attorney who represents the Tribe in all matters related to this Code, including the Indian Child Welfare Act, and acts as the prosecutor in the Tribal Court.

(ff) "Protective Services" A program of identifiable and specialized child welfare services which seeks to intervene in cases where families are observed to have problems which have produced visible signs of dependency or abuse and the home situation presents actual or potential hazards to the physical or emotional well-being of children. Protective services include the investigation and substantiation of reports of actual or suspected child abuse, removal of children from homes and/or environments which present immediate hazards to such children's physical or emotional well-being, and by reaching out with social services to stabilize family life and to preserve the family unit.

(gg) "Protective Services Worker" The protective services worker, social services worker, law enforcement personnel or any person who performs the duties and responsibilities of this code.

(hh) "Tribe" The Little River Band of Ottawa Indians.

(ii)"Tribal Council" The elected governing body, exercising the legislative powers of the Tribe as set forth in the Tribe's Constitution.

(jj) "Tribal Lands" or "Tribal Reservation" Lands owned by the Little River Band of Ottawa Indians or any subdivision of the Tribal government; lands owned by the United States of America in Trust for the Little River Band of Ottawa Indians; and Indian Country of the Little River Band of Ottawa Indians as defined in 18 U.S.C.1151.

(kk) "Tribal Court" The Tribal Court of the Little River Band of Ottawa Indians, also known as the Court and the Children's Court.

(ll)"'Ward" A child who has been adjudicated a child-in-need-of-care, over whom the Tribal Court has jurisdiction. A child-in-need-of-care is a temporary ward of the Court until such time as the case is dismissed and jurisdiction terminates. In cases where parental rights are terminated the child becomes a permanent ward of the Tribal Court until such time as a final decree of adoption is entered as provided in Section 23.14.


Section 3. Creation of the Children's Court.

3.01. Creation of Children's Court. There is established for the Little River Band of Ottawa Indians, a division of the Tribal Court to be known as the Children's Court. The jurisdiction of the Children's Court shall be civil in nature and shall include the right to issue all orders necessary to carry out the purposes of this code.

3.02. General Powers and Procedures in the Children's Court.
  1. General Powers. In any proceeding under the Children's Code, either on motion of a party or on the Court's own motion, the Court may issue all orders necessary to insure the safety and well-being of children coming within the jurisdiction of the Court. Included within these are the power to issue and enforce subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects and orders restraining the conduct of any party over whom the Court has obtained jurisdiction.
  2. Rules of Procedure. The procedures in the Children's Court shall be governed by the rules of procedure for the Tribal Court that are not in conflict with this code.
  3. Cooperation and Grants. The Children's Court is authorized to cooperate fully with any federal, Tribal, state or private agency in order to participate in any foster care, shelter care, treatment or training program(s) and to receive grants-in-aid to carry out the purposes of this Code. While this authority is subject to the availability of funds, the Children's Court shall be the court-of-last-resort when seeking funds.
  4. Social Services. The Children's Court shall utilize such services as may be furnished by any Tribal, federal or state agency provided that it is economically administered without unnecessary duplication and expense.
  5. Contracts. The Children's Court may negotiate with Tribal, federal, or state agencies and/or departments on behalf of the Tribal Council for the care and placement of children before the Children's Court subject to the availability of funds.

 

3.03. Subject Matter Jurisdiction. The Children's Court has original jurisdiction of the following proceedings:

  1. Proceedings in which a child is alleged to be a child-in-need-of-care or a delinquent child;
  2. Proceedings for the termination of parental rights;
  3. Proceedings for the adoption of a child;
  4. Proceedings to determine custody of, or to appoint a guardian for, a child;
  5. Proceedings to determine the parentage of a child coming within the jurisdiction of the court;
  6. Proceedings to authorize the marriage of a child who does not have a parent or guardian, or when the parent or guardian refuses to consent, when the law requires consent to marriage by a parent or guardian.

 

3.04. Continuing Jurisdiction of the Children's Court. Jurisdiction, once exercised by the Children's Court over a proceeding involving a child, is continuing and exclusive unless terminated by the Court in one of the following ways:

  1. The child becomes an adult, except where a child becomes an adult during the pendency of
    delinquency proceedings, and adoption proceedings, in the Children's Court.
  2. When the Children's Court enters an order terminating its jurisdiction or transferring jurisdiction to another court.

 

3.05. Persons Subject to Jurisdiction of the Children's Court. The Children's Court may exercise personal jurisdiction over the following categories of persons:

  1. Any child who is an enrolled member of the Tribe or eligible for enrollment who is under the age of eighteen (18) years residing in the Counties of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford, in the State of Michigan;
  2. A child who is an enrolled member of the Tribe or eligible for enrollment in the Tribe who is involved in a child custody proceeding or other proceeding involving a child-in-need-of-care, which is transferred to the Tribal Court pursuant to subsection 3.10;
  3. A non-Indian or nonmember child domiciled or residing within the Tribal lands of the Little River Band of Ottawa Indians in the home of an enrolled member of either the Little River Band of Ottawa Indians or any other Indian Tribe.
  4. Any person causing a child to come within the jurisdiction of this code, including parent(s), guardian(s) and custodian(s) of children coming under the jurisdiction of this Court pursuant to paragraph (b) of this subsection 3.05.
  5. Any person residing on Tribal lands of the Little River Band of Ottawa Indians who is pregnant and abusing alcohol or controlled substances.

 

3.06. Jurisdiction Over Extended Family. The Children's Court shall have jurisdiction over the extended family residing in the household of a child or the child's parent, guardian, and custodian when that Court deems it appropriate.

3 .07. Continuing Jurisdiction Once the Court asserts jurisdiction over a person, the Court may retain jurisdiction over that person even if the person leaves the physical boundaries of the reservation.

3.08. Substantive and Procedural Law Applicable in Children's Court.
  1. Tribal Law Controlling. Because of the vital interest of the Tribe in its children and those children who may become members of the Tribe, this Code, other ordinances, regulations, public policies, recognized customs and common law of the Tribe shall control in any proceeding involving a child who is a member of the Tribe.
  2. Application of the Indian Child Welfare Act. The Children's Court may apply the policies of the Indian Child Welfare Act, 25 U.S.C.1901-1963, where the policies do not conflict with the provisions of the Code.
  3. Use of State Substantive and Procedural Law in the Absence of Applicable Tribal Law. The substantive law and procedures for the state courts shall not be binding upon the Children's Court except where specifically provided for in this Code. In the absence of promulgated rules of procedure, procedural rules of the State of Michigan shall be utilized as a guide. Michigan case law may serve as a guide for the Court but shall not be binding. Any matters not covered by the substantive laws, regulations, customs or common law of the Little River Band of Ottawa, or by applicable federal laws or regulations, may be decided by the Children's Court according to the laws of the State of Michigan.

3.09. Transfer of Jurisdiction to Other Courts. In any proceedings before the Children's Code, the Court may transfer the proceedings to an appropriate state court or another Tribal Court where the state or the other Indian Tribe has a significant interest in the child and the transfer would be in the best interests of the child.

3.10. Transfer of Jurisdiction from State Courts to Tribal Court Under Indian Child Welfare Act.

  1. Receipt of Notice. The Tribal Presenting Officer (Prosecutor) shall be the agent for service of notice of state court child custody proceedings. The Presenting Officer shall provide copies of the notice to the Binojeeuk Commission and the Child Welfare Caseworker within three (3) days after receipt of such notice.
  2. Intervention. The Presenting Officer shall file a Notice of Intervention with the state court within five days of receipt of notice upon certification by the Little River Band membership office that the child is an "Indian child" pursuant to the Indian Child Welfare Act.
  3. Investigation and Pre-transfer Report. The Tribal family services department shall conduct an investigation and file a written report with the Presenting Officer and the Binojeeuk Commission.
  4. Decision to Request Transfer. The Binojeeuk Commission shall make written recommendations to the Presenting Officer on whether or not the Tribe should petition for transfer from the state court. The Binojeeuk Commission shall consider these factors:
    1. The best interests of the child;
    2. The best interests of the Tribe;
    3. Availability of services for the child and the family;
    4. Prospects for permanent placement for the child; and
    5. Conservation of Tribal resources.
  5. Petition for Transfer. The Tribal petition for transfer shall be filed in the state court by the Tribal Prosecutor within five days of receipt of the Binojeeuk Commission's recommendation for transfer. If either parent or the Indian custodian objects to the transfer to Tribal Court, the matter must remain in state court under the terms of the Indian Child Welfare Act.
  6. Hearings Upon Grant of Transfer Request by State Court. Upon receipt of transfer jurisdiction from state court, the Tribal Court shall hold appropriate hearings in accordance with this code.
3.11. Full Faith and Credit; Conflict of Laws.
  1. State Court Orders. State child custody orders shall be recognized by the Children's Court in accordance with the Model Rules for Full Faith and Credit and Enforcement of Foreign Court Judgments adopted by the Michigan Indian Judicial Association.
  2. Court orders of Other Tribal Courts. Court orders of other Tribal Courts shall be recognized by the Children's Court in accordance with the Model Rules for Full Faith and Credit and Enforcement of Foreign Court Judgments adopted by the Michigan Indian Judicial Association.

 


Section 4. Children's Court Personnel.

4.01. Children's Court Judge.

  1. Appointment. The Children's Court Judge(s) shall be appointed in the same manner as the Tribal Court Judge(s).
  2. Qualifications. The general qualifications for the Children's Court Judge(s) shall be the same as the qualifications for Tribal Court Judge(s).
  3. Powers and Duties. In carrying out the duties and powers specifically enumerated under this Children's Code, judges of the Children's Court shall have the same duties and powers as judge of the Tribal Court, including but not limited to the contempt power, the power to issue arrest or custody warrants and the power to issue search warrants.
  4. Disqualification or Disability. The rules on disqualification of a Children's Court Judge shall be the same as those rules that govern Tribal Court Judges.

 

4.02. Powers of Magistrate. The duties and powers of the Magistrate for the Children's Court shall be determined by the Chief Judge of the Tribal Court.

4.03. Counsel for Parent. Parents may be represented at each stage of proceedings under this act by an attorney or lay advocate at their own expense. It is prudent and advisable for the parents to have representation.

4.04. Court Appointed Special Advocate. At every stage of the proceedings conducted under this Code, the Children's Court may appoint an advocate for the child who may be a lawyer or a Court Appointed Special Advocate (CASA). A person may serve as a CASA only if certified by the Binojeeuk Commission.

  1. General Duties. The duty of the child's advocate, both CASA and the child's lawyer, is to represent the best interests of the child. A child fourteen years of age or older is presumed capable of determining the best interest. It is the duty of the child's advocate to represent the child's wishes in such cases. For children less than fourteen years of age, the child's advocate shall make a determination as to the best interests of the child regardless of whether that determination reflects the wishes of the child. However, the wishes of the child are always relevant to the determination of best interests and shall be weighed according to the competence and maturity of the child.
  2. The child's advocate shall perform the following duties. When a child's attorney and a CASA are appointed together to represent a child, each shall be jointly and severally responsible for discharging the following duties:
    1. Appear at all hearings to competently represent the interests of the child in proceedings of the
      Court.
    2. Conduct an independent investigation, including interviewing the child, parents, social workers and other persons to properly ascertain the facts and circumstances underlying the allegation that the child is in need of care within jurisdiction of the Court.
    3. Ascertain the interests of the child, taking into consideration the child's wishes according to the competence and maturity of the child.
    4. Provide a written report of findings and recommendations to the Court at each hearing held before the Court.
    5. Urge that specific and clear orders are entered for evaluation, assessment, services and treatment for the child and the family.
    6. Monitor implementation of case plans and disposition orders to determine whether services ordered by the Court are actually provided, are provided in a timely manner and accomplishing their intended goal.
    7. Inform the Court if the services are not being made available to the child and/or family, if the family fails to take advantage of such services or if such services are not achieving their purpose.
    8. Identify the common interests among the parties and to the extent possible act as a mediator to promote a cooperative resolution of the matter.
    9. Consult with other professionals liberally in identifying the child's interests, current and future placements and necessary services.
    10. Advocate for the interests of the child in mental health, educational, juvenile justice and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Children's Court.
    11. Attend training programs as proscribed by Court procedures and the Binojeeuk Commission.
  3. All records and information acquired or reviewed by a child advocate and all reports prepared by the child advocate are confidential and shall be disclosed only pursuant to this Ordinance and other Tribal law.

 

4.05. Guardian Ad Litem. The Court may appoint a guardian ad litem for a party if the Court finds that the welfare of the party requires it.

4.06. Presenting Officer. The Presenting Officer shall act as the Tribal Prosecutor, and the terms shall be interchangeable. The Presenting Officer shall represent the Tribe in all proceedings under this Code and the Indian Child Welfare Act. The Presenting Officer shall serve as counsel for the Binojeeuk Commission. The Presenting Officer will make recommendations to the Binojeeuk Commission and the Tribal Council regarding needed amendments to this Code. The Presenting Officer may make recommendations to the Children's Court regarding needed amendments or revisions to the procedural rules and approved forms utilized by the Tribal Court. The Presenting Officer will be responsible for developing the necessary procedures for carrying out the objects of this Code.


Section 5. Binojeeuk Commission.

5.01. Creation of the Binojeeuk Commission. The Binojeeuk Commission is created for the purpose of protecting
the best interests of the child and promoting the stability and security of the Tribe and its Indian families by fully
exercising the Tribe's rights and responsibilities under the Indian Child Welfare Act 1978 and this Code.

5.02. Membership. The Binojeeuk Commission shall consist of not less than three (3) and not more than five (5) adult members of the Tribe appointed by the Tribal Council. The term of office for Commission members shall be two (2) years; provided that the Tribal Council establish terms as may be necessary to implement a system of staggered terms. At least one member of the Binojeeuk Commission shall be a Tribal Council member, who shall serve as chairperson of the Commission.

5.03. Duties. The Binojeeuk Commission shall act under the authority expressly delegated to it by the Tribal Council, in this Code or in other enactments by the Tribal Council. The Binojeeuk Commission shall have the following duties:
  1. Advise the Tribal Council and the Tribal Court on child welfare matters and recommend policies and procedures for implementing federal and Tribal child welfare law.
  2. Monitor child welfare proceedings involving Tribal members in the state or Tribal Courts.
  3. Be advised of pending state court proceedings as provided in the Indian Child Welfare Act and make
    recommendations regarding intervention in such proceedings and transfer of jurisdiction from state court
    to the Tribal Court.
  4. Conduct informal conferences with a child and the child's parent(s), guardian or custodian as provided in this Code to discuss alternatives to formal Court jurisdiction for resolving concerns about the proper care and supervision of a child.
  5. Make recommendations to authorize the filing of child-in-need-of care petitions in the Tribal Court pursuant to this Code.
  6. Make recommendations to the Tribal family services workers, placement agency workers and the Tribal Prosecutor regarding the care, custody and supervision of Tribal children under Court jurisdiction, including recommendations as to case plan, guardianship and termination of parental rights.
  7. License and monitor group, shelter, foster and adoptive homes and child placing agencies.
  8. Engage in further activities as to protect and improve the welfare of the children of the Little River Band of Ottawa Indians.
  9. Certify persons to serve as Court Appointed Special Advocates.

5.04. Voting.

  1. Actions of the Binojeeuk Commission shall be decided by a consensus of those present at the meeting. The Chair is entitled to vote on all matters before the Commission.
  2. A quorum shall consist of three members including the Chair. Any action by less than a quorum must be ratified by non-attending members before such action shall become official. Ratification maybe done by phone, fax or personal contact. All ratifications shall be reduced to writing and placed in the minutes and approved at the next regularly scheduled Commission meeting.

 

5.05. Commission Members are not Investigators. Binojeeuk Commission members shall not initiate their own gathering of information regarding the matter under review. All members shall have access to the same information. If Binojeeuk Commission members are contacted by an interested party, the Commission member shall refer the party to the caseworker, social worker, client advocate or the Little River Band Family Services office as appropriate. The Commission may request that further information be provided or that further investigation be conducted by the social worker or other appropriate authority.

5.06. Conflicts of Interest. Binojeeuk Commission members who are foster parents or child advocates may participate as a Commission member in the review of children who are in their own care but may not participate in voting or in deliberations before voting. A Binojeeuk Commission member may participate in the discussion but not vote on actions involving the Commission member's extended family.

5.07. Confidentiality. Meetings of the Binojeeuk Commission shall not be open to the public except for persons authorized to attend by the Binojeeuk Commission. Confidentiality of case information and the Binojeeuk Commission records shall be maintained. Binojeeuk Commission members are subject to the same standards of confidentiality as Court personnel, social service workers and other professionals.

5.08. Records of Procedures. Case materials and all other Binojeeuk Commission records shall be kept in a secure area. The Indian Child Welfare Worker shall collect case place packets at the conclusion of Binojeeuk Commission meetings so that no reports leave the meeting and all written reports are maintained in confidence. Written material may be provided to Commission members in advance of the meetings.


Section 6. Child Protection Team.

6.01. Purpose. The primary purpose of the Child Protection Team is technical and advisory in nature and is not intended to replace the authority and responsibility of the Binojeeuk Commission, individual agencies or the Children's Court. It is designed to promote cooperation, communication and consistency among agencies. The Child Protection Team shall facilitate the decision making process. Confidentiality shall be maintained by all Child Protection Team Members.

6.02. Composition. The Child Protection Team may include, in appropriate cases, the following individuals:

  1. Tribal Presenting Officer - Team Coordinator.
  2. Protective Services Workers.
  3. Police Investigators.
  4. Medical Professionals.
  5. Mental Health Professionals.
  6. School Personnel.
  7. Victim Advocate.

 

6.03. Multidisciplinary Team. The Child Protection Team members may serve as a Multidisciplinary Team in cases involving allegations of physical and sexual abuse of Indian children on Tribal Lands.

  1. Composition. When the Child Protection Team is acting in its capacity as the Multidisciplinary Team, the Team members shall, at a minimum, include the Tribal Presenting Officer, Protective Services Workers, and appropriate Law Enforcement Personnel.
  2. Responsibilities. The Multidisciplinary Team shall be responsible for coordinating the investigation and prosecution of cases involving allegations of physical and sexual abuse of Indian children on Tribal Lands of the Little River Band of Ottawa Indians. A key responsibility of the Multidisciplinary Team is to reduce the trauma to the child victim by coordinating the provision of support, advocacy and other services needed by the child victim.
  3. Adoption of Tribal Specific Protocols. The Tribal Presenting Officer, Binojeeuk Commission, and Children's Court Personnel shall consult with other appropriate Tribal, State, local and federal agencies to develop Tribal Specific Protocols for adoption by the Tribal Council.

 

6.04. Other Duties of the Child Protection Team. The Child Protection Team may be assigned the following duties:

  1. If requested by the Binojeeuk Commission, may review and track all child abuse and neglect cases that have been referred to ensure that adequate preventative, protective and corrective services are provided.
  2. If requested by the Binojeeuk Commission, a protective services worker or the Court shall investigate cases to determine whether the best interests of the child are being met.
  3. If requested by the Binojeeuk Commission, then the Team shall review case plans for their adequacy.
  4. Maintain confidentiality of information.
  5. Send local Child Protection Team data to area child protection teams as needed.

6.03. Facilitating Services. The Child Protection Team may also provide assistance by facilitating the provision of services to families by:

  1. Identifying available community resources, programs and services.
  2. Providing recommendations to various pertinent agencies concerning services needed by families or individuals.
  3. Promoting cooperation, communication and consistency among agencies.
  4. Providing a forum for debating what actions would best promote the well-being of Indian children.
  5. Responding to inquiries from the community, area child protection teams and other individuals and groups.

The Child Protection Team may also provide technical assistance to the Binojeeuk Commission and Family Services Department in the following areas:

  1. Development of procedures to provide effective and efficient preventative, protective and corrective child abuse and neglect services.
  2. Information and technical recommendations to decision making agencies.
  3. Educate communities about child abuse and neglect problems and possible solutions.
  4. Identify danger signs which prompt intervention and/or preventative actions.
  5. Assist in the development and implementation of plans to promote the long term well-being of children and their families.
  6. Assist in the development and implementation of strategies by communities to promote the dignity, self worth, self-respect and self sufficiency of community members.


Section 7. Protective Services Workers.

7.01. Powers and Duties. Subject to the availability of appropriations or other funds for such purposes, protective services workers shall be employed by or contracted for by the Tribal Family Services Department. Protective services workers shall:

  1. Receive from any source, oral or written, information regarding a child who may be a child-in-need-of-care:
  2. Upon receipt of any report or information under this paragraph (c) of this section 7.01., shall initiate a prompt and thorough investigation within 24 hours which shall include a determination of the nature, extent and cause of any condition which is contrary to the child's best interests and the name, age and condition of other children in the home.
  3. In conducting its investigation, the protective service worker shall seek the assistance of and cooperate with law enforcement officials within 24 hours after becoming aware that more than one of the following conditions exist:
    1. Abuse or neglect is the suspected cause of a child's death.
    2. The child is the victim of suspected sexual abuse or sexual exploitation.
    3. Abuse or neglect resulting in severe physical, mental or emotional injuries to the child that requires medical treatment or hospitalization. For purposes of this subsection, "severe physical injury" means brain damage, skull or bone fractures, subdural hematoma, dislocations, sprains, internal injuries, poisoning, burns, scalds, severe cuts or any other physical injury that seriously impairs the health or physical well-being of a child.
    4. Law enforcement intervention is necessary for the protection of the child, the protective services worker or another person involved in the investigation.
    5. Any alleged perpetrator of the child's injury is not a person responsible for the child's health or welfare.
  4. Take a child into temporary custody if necessary. Law enforcement officials shall cooperate with family services personnel to remove a child from the custody of the parents, guardian or custodian when necessary.
  5. After investigation, assess the risk to the remaining children in the home and all other facts or matters found to be pertinent.
  6. Substantiate whether there is probable cause to believe that the child is a child-in-need-of-care.
  7. Offer to the family of any child found to be a child-in-need-of-care appropriate services.
  8. Within thirty (30) days after a referral of a potential child-in-need-of-care, submit a written report of the investigation and evaluation that shall be included in the files maintained by the Tribal Family Services Department and shall include a determination as to whether the report was substantiated or unsubstantiated.
  9. Upon completion of the investigation by the local law enforcement agency or the protective services worker, the law enforcement agency or protective services worker may inform the person who made the report as to the disposition of the report.
  10. Law enforcement officials shall cooperate with the protective services worker and the Tribal Family Services Department in conducting investigations.
  11. If protective services receives a report that alleges a pregnant woman abusing alcohol or a controlled substance, protective services shall arrange an appropriate assessment and offer services indicated under the circumstances. Services offered may include but are not limited to a referral for chemical dependency assessment, a referral for chemical dependency treatment and a referral for prenatal care. Protective services may also seek court ordered services. Protective services shall seek court ordered treatment if the pregnant woman refuses recommended voluntary services or fails recommended treatment.

 

7.02. The Family Services Department shall cooperate with such state and community agencies as are necessary to achieve the purposes of this Code. The Family Services Department may negotiate working agreements with other jurisdictions. Such agreements shall be subject to ratification of the Tribal Council.

7.03. Limitations of Authority; Duty to Inform.
  1. Before offering protective services to a family, a worker shall inform the family that the worker has no legal authority to compel the family to receive such services.
  2. If the family declines the offered services, the worker may request authorization of the Binojeeuk Commission to initiate a child protection petition in Children's Court alleging that the child is a child-in-need-of-care.
  3. Nothing in this section limits the authority of the protective services worker to act in emergency situations to obtain a medical evaluation of the child.

 


Section 8. Indian Child Welfare Caseworker.

8.01. An Indian Child Welfare Caseworker shall be assigned by Family Services Department of the Little River Band of Ottawa Indians to serve as advocate, liaison, and case supervisor for families and children involved with the Tribal or State court systems in either civil or criminal matters. The responsibilities of the Indian Child Welfare Caseworker shall include the responsibility to:

  1. Ascertain the interests of the child, taking into consideration the child's wishes according to the competence and maturity of the child.
  2. Provide a written report of findings and recommendations to the Court at each hearing held before the Court.
  3. Advocate for the interests of the child in mental health, educational, juvenile justice and other community systems when related to the circumstances causing the child to come within the jurisdiction of the Children's Court.
  4. Inform the Court if the services are not being made available to the child and/or family, if the family fails to take advantage of such services or, if such services are not achieving their purpose.
  5. Attend training programs as proscribed by Court procedures, the Family Services Director and the Binojeeuk Commission.
  6. Serve as liaison to agencies of the Tribal or state government on behalf of the child and /or family to access services available.

 


Section 9. Duty to Report Child Abuse and Neglect.

9.01. Duty to Report. Any person who has a reasonable cause to suspect that a child is a child-in-need-of-care shall immediately make a report to the Tribal family services department or the Tribal law enforcement department. Those persons reporting, except those specified in section 9.02 below, may remain anonymous.

9.02. Persons Specifically Required to Report.

  1. All Little River Band employees, any physician, nurse, dentist, optometrist or any other medical or mental health professional including a community health representative; volunteers working with families; school principal, school teacher or other school official; social worker; child day care center worker or other child care staff including foster care parents, residential care or institutional personnel; counselor; peace officer or other law enforcement official; member of the Binojeeuk Commission, member of the Child Protection Team; who has reasonable cause to suspect that a child may be a child-in-need-of-care shall make immediately, by phone or otherwise or cause a report to be made of the suspected condition to the Tribal family services department or Tribal law enforcement department.
  2. A person mandated to report shall immediately report to the Tribal family services department if the person knows or has reason to suspect that a woman is pregnant and has abused alcohol or a controlled substance for a non-medical purpose during the pregnancy.
  3. Within forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after making the report, the reporting person mandated to report under this section shall file a written report as required in this Code. If the reporting person is a member of the Little River Band staff of a hospital, agency or school, the reporting person shall notify the person in charge of the Little River Band hospital, agency or school and that the report has been made and shall have a copy of the written report available to the person in charge. One report from the Little River Band hospital, agency or school shall be considered adequate to meet the reporting requirement. A member of the staff of a hospital, agency or school shall not be dismissed or otherwise penalized for making a report required by this Code or for cooperating in an investigation.

 

9.03. Anonymous Reports. Any person who has a reasonable cause to suspect that a child has been abused, neglected or abandoned shall report the abuse, neglect or abandonment. Those persons reporting, except those already specified, may remain anonymous.

9.04. Form of Report. Those persons mandated to report shall include the following information in the written report, if known:

  1. Names, addresses and Tribal affiliation of the child and the parents, guardian or custodian.
  2. The child's age.
  3. The nature and content of the child's abuse or neglect.
  4. Previous abuse or neglect of the child or siblings.
  5. The name, age and address of the person alleged to be responsible for the child's abuse or neglect.
  6. The name and address of the person or agency making the report.

9.05. Medical Examination. The Tribal family services department may request a court order for a medical evaluation of a child. The department shall have a medical evaluation done without a court order if the child's health is seriously endangered and a court order cannot be obtained.

(a) When a child suspected of being a child-in-need-of-care is seen by a physician, the physician shall make the necessary examinations that may include physical examinations, x-rays, photographs, laboratory studies and other pertinent studies.

(b) The physician shall immediately report the results of the evaluation to the Little River Band family services, law enforcement and the Court. The physician's written report to the department of family services shall contain summaries of the evaluation.

 

9.06. Immunity from Liability. Any legally recognized privileged communication except that between attorney and client is abrogated and shall neither constitute grounds for excusing a report otherwise required to be made nor for excluding evidence in a civil child protective proceeding resulting from a report made pursuant to this Code.

9.07. Penalty for Not Reporting. Any person mandated to report who knowingly fails to do so or willfully prevents someone else from doing so shall be subject to a charge of civil contempt with a penalty of up to ninety (90) days in jail and/or a fine of up to $5,000.00.

9.08. Central Registry. Reserved.


Section 10. Investigation and Emergency Removal

10.01. Investigative Orders: Orders for Examination. Upon a showing by a Protective Services Worker or the Presenting Officer of probable cause that a child is a child-in-need-of-care, which may be done ex parte, the Court may order further investigation and discovery including, but not limited to, taking of photographs, gathering physical evidence and examinations or evaluation of a child, parent, guardian or custodian conducted by a physician, dentist, psychologist or psychiatrist.

10.02. Authority to Remove. Upon application by the Presenting Officer or a Protective Service Worker, which may be ex parte, the Court may order the child taken into custody if the Court finds probable cause to believe the minor is a child-in-need-of-care and that the conditions in which the child is found present a substantial risk of harm to the child's life, physical health or mental well-being. The Court may include in such an order:

  1. An authorization to enter specified premises to remove the child; AND
  2. A directive to place the child in protective custody pending preliminary hearing.

10.03. Emergency Removal without a Court Order.

  1. A child may be taken into protective custody without a court order by a law enforcement officer or the Tribe's protective services worker if such person has probable cause to believe the child is a child-in-need-of-care.; AND
    1. Failure to remove the child may result in a substantial risk of death, serious injury or serious emotional harm; OR
    2. The parent, guardian or custodian is absent and it appears from the circumstances that the child is unable to receive the basic necessities of life and no satisfactory arrangements have been made by the parent, guardian or custodian to provide for such necessities and no alternative arrangements except removal are available to protect the child.
  2. If grounds for removal are corrected, the child may be returned to the parent by the person originally authorizing removal or by the protective services worker.

 

10.04. Notice of Removal.
  1. Notice to the Children's Court. After a child is removed from the home, the person who removed the child shall contact the presenting officer to permit the filing of the required petition within twenty-four (24) hours, excluding Saturdays, Sundays and legal holidays, after the child is removed from the home. The attempts made to contact the presenting officer shall be documented.
  2. Notice to the Parent, Guardian or Custodian. The person removing the child shall make all reasonable efforts to notify the parents, guardian or custodian within twelve (12) hours of the child's removal. Reasonable efforts shall include personal, telephone and written contacts at their residence, place of employment or other location where the parent, guardian or custodian is known to frequent. If the parent, guardian or custodian cannot be found, notice shall be given to members of the extended family of the parent, guardian or custodian and/or the extended family of the child.
  3. Notice to Child's Tribe if Different from the Tribe Whose Court is Exercising Jurisdiction. If the Children's Court asserts jurisdiction over a person who is a member of an Indian Tribe or historic band other than the Little River Band, the Children's Court shall notify the Tribal Court of the non-Tribal member that jurisdiction has been asserted. Such notice shall be made the next business day.
  4. Notice of Preliminary Hearing. The parent, guardian, custodian, and Tribe, if applicable, shall be given notice of the preliminary hearing in the manner specified in Section 13 at the same time as soon as the date and time for such hearing is set.

10.05. Preliminary Hearing Following Emergency Removal. In all cases of emergency removal, a petition must be filed and a preliminary hearing must held in the Children's Court within 48 hours, excluding Saturdays, Sundays and legal holidays, after a child has been removed from the home unless such hearing is adjourned for good cause, or the child must be released. Such hearings may be held before a magistrate of the Children's Court and must comply with the requirements set forth in Section 15 of this Code.


Section 11. Binojeeuk Commission Informal Adjustment Conference.

11.01. Alternatives. Before and/or after the filing of a petition, the Binoj eeuk Commission or its designee may hold an informal conference with the child and the child's parent(s), guardian or custodian to discuss alternatives to the filing of a petition if:

  1. An informal adjustment of the matter would be in the best interest of the child; AND
  2. The child and the child's parent(s), guardian or custodian consent to an informal adjustment conference after they have received an explanation of their rights.

 

11.02. Limitations. This section does not authorize the Binojeeuk Commission or its designee to compel any involuntary action of the parties involved.

11.03. Duties. At the informal adjustment conference, the Binojeeuk Commission or its designee with the voluntary agreement of the parties may:

  1. Refer the child and the child's parent(s), guardian or custodian to one or more human service agencies for a specific plan of assistance, recommended by the Child Protection Team or Family Services Department, intended to address the factors which may be placing the child(ren) at risk; or
  2. Define terms of supervision calculated to assist and benefit the child which regulate the child's activities and are within the ability of the child to perform.

 

11.04. Written Report. The Binojeeuk Commission or its designee shall set forth in writing conference findings and the disposition agreed to by the parties. The report shall be made available to and signed by the child, child's parent, guardian or custodian. The child advocate, parent's attorney and the Court, if a petition has been filed, shall also receive copies of the report.

11.05. Decline Filing a Petition. If an informal adjustment is agreed to, then the Binojeeuk Commission may decline to recommend authorizing the filing of a petition. If a petition has already been filed the Binojeeuk Commission may ask the Presenting Officer to file a motion asking the Court to hold the petition in abeyance or to withdraw the petition and re-file at a later date without prejudice.

11.06. Timeframe. Any disposition arranged through the informal adjustment procedure of this section shall be concluded within six (6) months.

11.07. Review. The Binojeeuk Commission or its designee shall review the child's progress every thirty (30) days. If at any time after the initial thirty (3) day period, the Binojeeuk Commission concludes that positive shall ask the Presenting Officer to file a petition for a formal adjudication hearing.

11.08. Limitation on Evidence. No statement made during the informal adjustment conference maybe admitted into evidence at an adjudication hearing or any other proceeding involving the child under this Code.


Section 12. Filing Child Protection Petition.

12.01. Authorization to File Petition.

  1. Upon the request by the Binojeeuk Commission, a child protective services worker or the Indian Child Welfare worker, the Presenting Officer shall conduct a preliminary inquiry to determine if formal child protection proceedings should be initiated by filing a child protection petition on behalf of the Tribe and in the best interests of the child.
  2. Any person may file a complaint with the Binojeeuk Commission, Indian Child Welfare Worker, a protective services worker, Presenting Officer, law enforcement or the Children's Court alleging that a child is in need of care.
  3. After completion of the preliminary inquiry on a petition, the Binojeeuk Commission or the Presenting Officer shall either authorize the filing of a petition or decline to authorize the filing of a petition.
  4. If a child has been removed and placed in detention or custody, and filing the petition is not authorized by either the Binoj eeuk Commission or the Presenting Officer, the petition shall be dismissed and the child immediately released to his/her parent, custodian or guardian.
  5. Only the Presenting Officer may file a petition alleging that a child is in need of care. The Presenting Officer shall file any petition which is authorized by the Binojeeuk Commission.
  6. Nothing in this section shall preclude law enforcement or protective services personnel from taking emergency actions authorized under Section 10 of this Code.

12.02. Time Limitations. If a child has been removed from the home, then a child protection petition shall be filed with the Children's Court within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, or the child must be returned to his/her home.

12.03. Contents of Petition. The child protection petition shall set forth the following with specificity:

  1. The name, birth date, sex, residence and Tribal affiliation of the child;
  2. The basis for the Court's jurisdiction;
  3. The specific allegations which cause the child to be a child-in-need-of-care;
  4. A plain and concise statement of the facts upon which the allegations of child-in-need-of care are based, including the date, time and location at which the alleged facts occurred;
  5. The names, residence and Tribal affiliation of the child's parents, guardians or custodians, if known;
  6. The names, relationships and residences of all known members of the child's extended family and all former care givers, if known. If the identity, residence or location of any parent, guardian, or custodian is unknown, the name, relationship and address of any known adult relative(s) residing in the same city or county as the child;
  7. If the child is placed outside of the home, where the child is placed, the facts necessitating the placement and the date and time of the placement, unless the Presenting Officer determines that disclosure of the child's location will expose the child to a substantial risk of emotional or physical harm;
  8. The name of the Presenting Officer presenting the petition and the date and time presented;
  9. If any matters required to be set forth by the section are not known, a statement that they are not known should be made; and
  10. The type of relief requested, including whether temporary or permanent custody is sought.

12.04. Filing and Dismissal of Petition.

  1. The petition shall be filed with the Clerk of the Children's Court.
  2. A petition alleging that a child is in need of care or supervision shall be dismissed with prejudice if a preliminary hearing is not held within:
    1. Two (2) days, excluding Saturdays, Sundays and legal holidays, from the date of the petition is filed when a child is taken into custody; or
    2. Twenty (20) days from the date the petition is filed when a child is not in custody or released to his/her parent, custodian or guardian.
  3. Notwithstanding the time limitations specified in paragraph (b), above, the time for holding the preliminary hearing may be continued upon motion of the Presenting Officer if the custodial parent, guardian or custodian or other material evidence and/or witnesses are unavailable. The motion must include information regarding the nature of the material evidence presently unavailable and/or the names and addresses of unavailable persons or other witnesses. A continuance will be granted only upon a showing by the Presenting Officer that he/she has exercised due diligence in his/her attempt to secure the evidence and/or attendance of witnesses. If a proper showing of due diligence is not made, and the preliminary hearing is not held within the time period required in paragraph (b), the petition must be dismissed with prejudice, unless the parties have agreed to an Informal Adjustment Conference. If a continuance is granted, the preliminary hearing must be held within ten (10) days from the date the petition was filed, if the child was taken into custody, or within twenty (20) days, if a child is not in custody.

Section 13. Notice and Service of Summons.

13 .01. General. Unless a party must be summoned as provided in subsection 13 .02, a party may be given notice of a proceeding in the Children's Court in any manner authorized by this Children's Code.

13.02. Summons. Except as otherwise provided in this Code, the Children's Court shall direct the service of a summons in all proceedings in the Children's Court. That summons shall be issued and served on the parent or person with whom the child resides, if other than a court ordered custodian, directing such person to appear with the child for trial or other proceeding. If the person notified is not a parent, the parent(s) shall be notified by service as provided in subsection 13 .04. The Court may direct that the child's appearance in court is unnecessary.

13.03. Contents. The summons shall direct the person to whom it is addressed to appear with the child, unless the child's appearance has been excused, at a time and place specified by the Court and must:

  1. Identify the nature of the proceeding; AND
  2. Include a prominent notice that the proceedings could result in termination of parental rights; AND
  3. Have a copy of the petition attached to the summons; AND
  4. Explain that the person has a right to an attorney at his/her own expense and a right to a trial.
13.04. Manner of serving summons.
  1. Except as provided in subsection (b) and (c), a summons required under this section must be served on the parent and the person with whom the child resides by delivering the summons to such party personally. For all other parties, a summons required under this section must be served by delivering the summons to the party personally or by registered or certified mail addressed to the last known address of the party, return receipt requested and restricted to the addressee. If practicable, delivery of a summons by personal service should be made.
  2. If personal service of the custodial parent or other person with whom the child resides is impracticable or cannot be achieved, the Court may direct that it be served by registered or certified mail addressed to the last known address of that party, return receipt requested and restricted to the addressee.
  3. If the Court finds service cannot be made because the whereabouts of the person to be summoned has not been determined after reasonable effort, the Court may direct any manner of substituted service, including publication.
  4. If personal service of the summons is impracticable or cannot be achieved the Court may direct that it be served in a manner reasonably calculated to provide notice.

 

13.05 Time of service.

  1. A summons shall be served at least:
    1. Thirty (30) days before hearing on a petition to terminate parental rights or a permanency planning hearing;
    2. Fourteen (14) days before any adjudicatory hearing or dispositional hearing;
    3. Three (3) days before any other hearing, including preliminary hearings, except in the case of preliminary hearings following emergency removal.
  2. If the summons is served by registered mail, it must be sent at least seven (7) days earlier than
    subsection (a) requires for personal service of a summons.
  3. If service is by publication, the published notice which does not require publication of the petition itself, shall appear in a newspaper in the county where the party resides, if known, and if not in the county where the action is pending. The published notice must appear one or more times fourteen (14) days before the hearing.

 

13.06. Notice of Hearing.
  1. Persons entitled to notice. The Court shall insure that the following persons are notified of each hearing:
    1. The parent(s);
    2. The attorney for the parent(s);
    3. The child or the advocate for the child;
    4. The legal guardian or custodian other than the parent(s), if any;
    5. The petitioner;
    6. The responsible child placing agency, if different from the petitioner;
    7. The guardian ad litem of a party appointed;
    8. The child's Tribe, if different from the petitioner;
    9. Any other person the court may direct to be notified.
  2. General. Notice of hearing must be given in writing or in court on the record at least fourteen (14) days prior to the hearing except as provided in subsections (c) and (d), or as otherwise provided in this Code.
  3. Preliminary Hearing; Emergency Removal. When a child is placed, reasonable efforts shall be made to notify the parents of the child or extended family of the preliminary hearing following emergency removal as soon as the hearing is scheduled and the notice may be in person, in writing, on the record or by telephone.
  4. Permanency Planning Hearing; Termination proceedings. Notice of a permanency planning hearing or a hearing on a petition to terminate parental rights must be given in writing or on the record at least thirty (30) before the hearing.
  5. when a party fails to appear in response to a notice of hearing, the Court may order the party's appearance by summons or subpoena.,

 

13.07. Subpoenas. The attorney for a party or the Court on its own motion may cause a subpoena to be served on a person whose testimony or appearance is desired. It is not necessary to tender advance fees to the person served a subpoena in order to compel attendance.

13.08. Waiver of Notice. A person may waive notice of hearing or service of process. The waiver shall be in writing. When a party waives service of a summons required by subsection 13.03, the party must be advised as set forth in paragraph (c) of subsection 13.03.

13.09. Subsequent Notices. After a party's first appearance before the Court, subsequent notices of proceedings and pleadings shall be served on that party or, if the party has an attorney, on the attorney for the party, either personally or by ordinary mail, except that a summons must be served before the trial or termination hearings as provided in subsection 13,03 unless a prior court appearance by the party in the case was in response to service by summons.

13.10. Putative Fathers. If the Court determines that the child has no father, the Court shall take appropriate action as described in this subsection:

  1. The Court shall take initial testimony on the tentative identity and address of the natural father. If the Court finds probable cause to believe that an identifiable person is the natural father of the child, the Court shall direct that notice be served on that person in the manner as provided in this subsection. The notice shall include the following information:
    1. That a petition has been filed with the Court;
    2. The time and place of hearing at which that natural father is to appear to express his interest; and
    3. A statement that failure to attend the hearing will constitute a denial of interest in the child, a waiver of notice for all subsequent hearings, a waiver of a right to appointment of an attorney and could result in termination of any parental rights.
  2. After notice to the putative father the Court may conduct a hearing and determine that:
    1. The putative father had been personally served or served in some other manner which the court finds to be reasonable to provide notice to the putative father. If so, the Court may proceed in the absence of the putative father;
    2. A preponderance of the evidence established that the putative father is the natural father of the child;
    3. There is probable cause to believe that another identifiable person is the natural father of the child. If so, the Court shall proceed with respect to the other person in accord with this subsection;
    4. After diligent inquiry, the identity of the natural father cannot be determined, the Court shall publish notice at least once in a manner calculated to alert a person who may be the father of the child. If no person comes forward, the Court shall terminate the parental rights of the unknown father and proceed without further notice or court appointed attorney for the unidentified person.
  3. The Court may find that the natural father waives all rights to further notice, including the right to notice of termination of parental rights and the right to legal counsel if:
    1. He fails to appear or contact the court after proper notice; or
    2. He appears but fails to establish paternity within the time set by the Court.

Section 14. Placement of Children.

14.01. Restrictions. A child alleged to be a child-in-need-of-care shall not be placed in a jail or other facility intended or used for the incarceration of adults charged with criminal offenses or for the detention of children alleged to be juvenile offenders.

14.02. Placement Priorities. A child may be placed in the following community based shelter-care facilities listed in order of preference:

  1. Members of the child's extended family, who are members of the Little River Band of Ottawa, Grand River Bands of Ottawa, or other Michigan Ottawa, Chippewa or Potowatomi Tribe; or
  2. Other members of the child's extended family; or
  3. An Indian family of the Little River Band of Ottawa Indians which is licensed by the State or a Tribe as a foster care home or an Indian family otherwise authorized by law to provide care for the child; or
  4. A facility operated by a licensed Indian child welfare services agency; or
  5. Any other suitable placement which meets the standards for shelter care facilities established by the Tribal government.

 

If the alleged perpetrator is known and the perpetrator resides in the home of the victim(s), such perpetrator may be removed from the home and the child may remain under the care and supervision of the Little River Band department of family services.

14.03. Least Restrictive Setting. If a child cannot be returned to the parents, the child shall be placed in the least restrictive setting which most approximates a family and in which the special needs, if any, may be met. Consistent with the placement priorities described above, efforts shall be made to place the child in a home or facility within the Michigan counties of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford, or in other areas in which culturally appropriate services are available. Efforts shall also be made to place the child in reasonable proximity to his/her home, taking into account any special needs of the child.


Section 15. Preliminary Hearing.

15.01. Time Period Within Which Preliminary Hearing Must be Held.

  1. Child Released to Parent, Guardian or Custodian; Hearing Date. If the child has been released to the parent(s), guardian or custodian, the Court shall conduct a preliminary hearing within seven (7) days after filing of the petition.
  2. Child Taken Into Custody for Out-of-home Placement; Hearing Date. If the child is taken into custody and placed in out of home placement, the Court shall conduct a preliminary hearing within seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays.
  3. Preliminary Hearing Adjourned During Informal Adjustment. If, after the filing of a petition, the parties and Binojeeuk Commission agree to informal adjustment provided for in Section 11 of this Code, the petition may be held in abeyance and the preliminary hearing adjourned until the informal adjustment proceedings conclude or the petition is dismissed.

 

15.02. Preliminary Hearing Procedures.

  1. Purpose. At the Preliminary Hearing, the Children's Court must determine:
    1. Whether the parent(s), guardian or custodian of the child has been notified of the hearing; AND
    2. whether probable cause exists to believe the child is a child-in-need-of-care; AND
    3. whether the home conditions continue to present a substantial risk of harm to the child's life, physical health, emotional health or mental well-being and whether any alternative except removal of the child is reasonably available to adequately safeguard the child from such risk.
  2. If Parent, Guardian or Custodian not Present. The Court shall determine if the child's parent, guardian or custodian has been notified of the hearing in accordance with Section 13 of this Code and, if the parent is not present, the Court shall make an inquiry into what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the child's parent, guardian or custodian, the Court shall recess for not more than seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays, and direct the petitioner to make continued efforts to obtain the presence of the child's parent, guardian or custodian. The preliminary hearing may be conducted in the parent's absence.
  3. Parents' Advised of Allegations and Procedural Rights. The Court shall read the allegations in the petition in open court, unless waived, and shall advise the parent of the right to have counsel represent them at their own expense and their right to a trial on the allegations in the petition. After advising the parent of the right to remain silent, the Court shall allow a statement of explanation.
  4. Court Testimony. The Court shall hear testimony concerning:
    1. The circumstances that gave rise to the petition; AND
    2. The need for continued placement.
  5. Plea of Admission or No Contest. A respondent may make a plea of admission or of no contest to the allegations contained in the petition, including an amended petition, which would establish that the child is a child-in-need-of-care. The plea may be taken at any time after the filing of the petition provided that the petitioner and guardian ad /item or special advocate for the child have been notified of a plea offer and have been given the opportunity to object before the plea is accepted. Before accepting a plea of admission or plea of no contest, the court must advise the respondent on the record or in a writing that is a made a part of the record:
    1. of the allegations in the petition;
    2. of the right to an attorney at the respondent's expense;
    3. that if the court accepts the plea, the respondent will give up rights to: a trial by judge, to have the petitioner prove the truth of allegations by a preponderance of the evidence, to have witnesses against him/her appear and testify under oath, to cross-examine witnesses against him/her, and have witnesses which might support his/her defense be subpoenaed to testify in court; and
    4. of the consequences of the plea including that the plea could later be used to terminate parental rights.

    The court shall not accept a plea of admission or of no contest until it satisfies itself that the allegations contained in the petition are supported and that the plea is knowingly, understandingly, and voluntarily made. Following acceptance and entry of a plea of admission or no contest, the Court may follow the procedures defined in paragraph (0(ii)(B) or (C) of this subsection and may schedule a disposition hearing in accordance with Section 17 of this Code.

  6. At the Preliminary Hearing, the Court shall decide whether to authorize the filing of the petition.
    1. No Probable Cause. If, at the end of the preliminary hearing, probable cause to believe the child is a child-in-need-of-care is not found, the petition shall be dismissed and the child shall be released.
    2. Probable Cause. If the Court finds that probable cause exists to believe the child is a child-in-need-of-care. The Court:
      1. Shall order the parent, guardian or custodian to appear at an adjudication hearing on a date and time set by the Court; AND
      2. May release the child to the custody of either of the child's parents, guardian or custodian under such reasonable terms and conditions as are necessary for either physical, emotional or mental well-being of the child; OR
      3. May order placement of the child with someone other than a parent, guardian or custodian if the Court, after hearing, determines that both of the following conditions exist:
        1. Custody of the child with a parent, guardian or custodian presents a substantial risk of harm to the child's life, physical health, emotional or mental well-being and no provision of services or other arrangement except removal of the child is reasonably available to adequately safeguard the child from such risk.
        2. Conditions of custody of the child away from a parent, guardian or custodian are adequate to safeguard the child's health and welfare.
  7. Physical, Mental or Psychological Exam. The Court may at any time after conducting a preliminary hearing at which probable cause to proceed upon a petition is found, order any involved child, parent or guardian to undergo a physical, mental or psychological examination by a qualified professional.

 


Section 16. Adjudication Hearing.

16.01. Purpose. The Court shall conduct an Adjudication Hearing for the purpose of determining whether the child is a child-in-need-of-care.

16.02. Hearing. The Adjudication Hearing shall commence as soon as possible but not later than forty-five (45) days after the preliminary hearing.

16.03. Continuances. Continuances of an Adjudication Hearing may be granted by the Court but only:

  1. Upon stipulation of the parties; or
  2. where process cannot be completed; or
  3. The Court finds that the testimony of a presently unavailable witness is needed; or
  4. One time only for up to fourteen (14) days at a parent's request for parents to obtain counsel; or
  5. Adjudication Hearing Adjourned During Informal Adjustment. If, after the filing of a petition, the parties and Binojeeuk Commission agree to informal adjustment provided for in Section 11 of this Code, the proceedings on the petition may be held in abeyance and the adjudication hearing adjourned until the informal adjustment proceedings conclude or the petition is dismissed.
  6. For other good cause shown.

16.04. Hearings Closed to the Public. The general public shall be excluded from the proceedings and only the parties, their counsel, witnesses, the child advocate and other persons determined necessary or useful to the proceedings by the Court shall be admitted.

16.05. Evidence.

  1. The formal rules of evidence shall not apply at these proceedings. All relevant and material evidence which is reliable and trustworthy may be admitted at the trial and may be relied upon by the Court to the extent of its probative value.
  2. The parties shall be afforded an opportunity to examine and controvert written reports received by the Court and shall be allowed to cross-examine individuals who made the reports when those individuals are reasonably available.
  3. The Court may rely upon conference telephone or other electronic devices that permit all those appearing or participating to hear and speak to each other.

 

16.06. Allegations Sustained. If the allegations of the petition are sustained by a preponderance of the evidence, the Court shall find the child to be a child-in-need-of-care and schedule a Disposition Hearing in accordance with Section 17 of this Code. The Court may also enter orders of further discovery, evaluation and assessment and other orders to protect the child.

16.07. Allegations Not Sustained. If the allegations of the petition are not sustained, the Court shall dismiss the matter and release the minor.


Section 17. Disposition Hearing.

17.01. Purpose. A Disposition Hearing is conducted to determine measures to be taken by the Court with respect to:

  1. A child properly within its jurisdiction and when applicable;
  2. Any adult, once the Court has determined following trial, plea of admission or no contest, that the child comes within its jurisdiction.

17.02. Date. The Disposition Hearing maybe held immediately after the Adjudication Hearing. The interval, if any, between the Adjudication Hearing and the Disposition Hearing is within the discretion of the Court. When the child is in placement, the interval may not be more than thirty-five (35) days except for good cause. If the Disposition Hearing is not held immediately after the Adjudication Hearing, notice of hearing may be given by scheduling it on the record in the presence of the parties and in accordance with Notice and Service of Summons.

17.03. Proposed Case Plan.

  1. The Little River Band Family Services Department shall prepare a written report describing all reasonable and appropriate alternative dispositions, including reports from the Child Protection Team, the Binoj eeuk Commission and the Indian Child Welfare Worker. The report shall contain a specific plan for the care of and assistance to the minor and/or the minor's parent(s), guardian or custodian designed to resolve the problems presented in the petition.
  2. The report shall contain a detailed explanation of the necessity for the proposed disposition plan and its benefits to the minor.
  3. If the report recommends placement of the child somewhere other than with the child's parent(s), guardian or custodian, it shall state the specific reasons underlying its placement recommendation, including any reason(s) for deviating from the placement priorities defined in Section 14 of this Code.
  4. The Little River Band family services department shall present the case plan to the Court, guardian ad /item or child advocate, if any, and the presenting officer, at least three (3) days before the disposition hearing.

 

17.04. Evidence.
  1. All relevant and material evidence, including oral and written reports may be received and may be relied on to the extent of its probative value, even though such evidence may not be admissible at trial. The Court shall consider the case service plan and any report by any agency responsible for the care and supervision of the child concerning efforts to provide remedial services and rehabilitation programs to prevent removal or to rectify conditions that caused removal of this minor from the home.
  2. The parties shall be given an opportunity to examine and controvert written reports so received and may be allowed to cross-examine individuals making reports when such individuals are reasonably available.
  3. No assertion of an evidentiary privilege other than the privilege between attorney and client shall prevent the receipt and use at the Disposition phase of materials prepared pursuant to a court ordered examination, interview or course of treatment.

 

17.05. Disposition Orders.
  1. The Court shall enter an order of disposition after considering the case service plan and other evidence offered at Disposition. The Court shall approve a case service plan and may enter such orders as it considers necessary in the interest of the child. The order of disposition shall state whether reasonable efforts have been made to prevent the child's removal from the home or to rectify the conditions that caused the child's removal from the home.
  2. If a child has been found to be a child-in-need-of-care, the Court may make the following dispositions, consistent with the placement preferences described in Section 14:
    1. Permit the child to remain with the parent(s), guardian or custodian, subject to such conditions as the Court may prescribe;
    2. Place the child with a relative subject to such conditions as the Court may prescribe;
    3. Place the child in a licensed foster home subject to such conditions as the Court may prescribe;
    4. Place the child in group home or residential care facility designated by the Court;
    5. Direct the presenting officer to file a petition to terminate parental rights under this Code.
  3. If a child remains under the jurisdiction of the Court, an order may be amended or supplemented within the authority granted to the Court in this Code at any time as the Court considers necessary.

 


Section 18. Disposition Review Hearing.

18.01. Review. The Disposition Order is to be reviewed at the discretion of the Court but at least once every six (6) months.

18.02. Notice. Notice of the review hearing shall be provided on the record and by ordinary mail as provided in this Code.

18.03. Matters Subject to Review. At a review hearing the Court shall review on the record the compliance with the case service plan prepared and the previous orders of the Court including:

  1. Services provided or offered to the child and the parent(s), guardian or custodian and whether the parent(s), guardian or custodian has complied with and benefited from those services.
  2. Visitation with the child. If visitation did not occur or was infrequent, the Court shall determine why visitation did not occur or was infrequent.

 

18.04. Action Following Review. After review of the case service plan, the Court shall determine the extent of progress made toward alleviating or mitigating the conditions that caused the child to become and to remain a child-in-need-of-care. The Court may modify any part of the case plan including but not limited to the following:

  1. Prescribing additional services that are necessary to rectify the conditions that caused the child to become or to remain a child-in-need-of-care.
  2. Prescribing additional actions to be taken by the parent(s), guardian or custodian to rectify the conditions that caused the child to become or remain a child-in-need-of-care.
  3. Return the Child Home. Issue an order permitting the agency to return the child to the home if no fewer than seven (7) days notice of the intent to return the child to the home is given to all parties and no party requests a hearing within the seven (7) days.

18.05. Continuing Placement/Additional Review. At a review hearing, the Court shall determine the continuing necessity and appropriateness of the child's placement and shall order the return of the child to the custody of the parent(s), continue the disposition order, modify the disposition order or enter a new disposition order. If the child remains in placement, the Court shall determine at the disposition hearing and at each review hearing whether the cause should be reviewed before the next review hearing required under this section. In making this determination, the Court shall consider, but not be limited to, all of the following:

  1. The parent's ability and motivation to make necessary changes to provide a suitable environment for the child.
  2. Whether there is a reasonable likelihood that the child may be returned to the home prior to the next review hearing required by this section.
  3. Whether a placement which better meets the placement priorities described in Section 14 of this Code is available and in the best interests of the child.

 

18.06. Agency Report., An agency report filed with the Court shall be accessible to all parties to the action and shall be offered into evidence.


Section 19. Permanency Planning Hearing.

19.01. Hearing. If a child remains adjudicated a child-in-need-of-care and parental rights to the child have not been terminated, the Court shall conduct a permanency planning hearing not more than eighteen (18) months after entry of the order of disposition and every eighteen (18) months thereafter, so long as the child remains a child-in-need-of-care. A permanency planning hearing may be combined with a disposition hearing under this Code.

19.02. Review the Status. A permanency planning hearing shall be conducted to review the status of the child and the progress being made toward the child's return to the natural parent(s) or to some other permanent home.

19.03. Return the Child Home. If parental rights to the child have not been terminated and the Court determines at a permanency planning hearing that the return of the child would not cause a substantial risk of harm to the child's life, physical health or mental well-being, the Court shall order the child returned to the parent(s). In determining whether the return of the child would cause a substantial risk of harm to the child, the Court shall view the failure of the parent(s) to substantially comply with the terms and conditions of the case service plan and disposition orders of the Court as evidence that return of the child to the parent(s) would cause a substantial risk of harm to the child's life, physical health or mental well-being.

19.04. Child not Returned Home; Alternative Permanent Placement Plans. If the Court determines at a permanency planning hearing that the child should not be returned to the parent(s), the Tribal family services shall propose one of the following alternative permanent placement plans consistent with the placement preferences and in the least restrictive setting, as defined in Section 14 of this Code:

  1. That the child be placed permanently with a relative within the Counties of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, or Wexford, in the State of Michigan;
  2. That the child be placed permanently with a relative who is outside the Michigan Counties described in paragraph (a);
  3. That the child remain in long-term foster or residential care;
  4. That a petition for Guardianship under this Code be filed by the current caretaker of the child, the child or by the presenting officer on behalf of Tribal family services.
  5. That a petition to terminate parental rights under this Code be filed by the presenting officer.

19.05. Court Orders. If the Court determines that the child should not be returned to the parent(s), the Court shall order permanent placement with a relative, long term foster or residential care.


Section 20. Termination of Parental Rights.

20.01. Purpose. The purpose of this section is to provide for the voluntary and involuntary termination of the parent-child relationship and for the substitution of parental care and supervision by judicial process. This chapter shall be construed in a manner consistent with the philosophy that the family unit is of most value to the community and the individual family members when that unit remains united and together and that termination of the parent-child relationship is of such vital importance that it should be used only as a last resort when in the opinion of the Court all efforts have failed to avoid termination and it is in the best interests of the child concerned to proceed under this chapter.

20.02. Grounds for Involuntary Termination. The Court may terminate the parental rights of a parent to a child adjudicated a child-in-need-of-care if the Court finds by clear and convincing evidence that remedial services and rehabilitative programs have been provided to prevent the break up of the Indian family and that despite such efforts, one or more of the following conditions exists:

  1. The child has been abandoned by his/her parent(s).
  2. The child or a sibling of the child has suffered physical injury or physical or sexual abuse under either of the following circumstances:
    1. A parent's act caused the physical injury or physical or sexual abuse and the Court finds that there is a reasonable likelihood that the child will suffer from injury or abuse in the foreseeable future if placed in the parent's home;
    2. A parent who had the opportunity to prevent the physical injury or physical or sexual abuse failed to do so and the Court finds that there is a reasonable likelihood that the child will suffer injury or abuse in the foreseeable future if placed in the parent's home.
  3. The parent was a respondent in a proceeding brought under this Children's Code, twelve (12) or more months have elapsed since the issuance of an initial disposition order and the Court by clear and convincing evidence finds either of the following;
    1. The conditions that led to the adjudication continue to exist and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the age of the child;
    2. Other conditions exist that cause the child to be a child-in-need-of-care. The parent has received recommendations to rectify those conditions, the conditions have not been rectified by the parent after the parent has received notice, a hearing and have been given a reasonable opportunity to rectify the conditions and there is no reasonable likelihood that the conditions will be rectified within a reasonable time considering the age of the child.
  4. The parent without regard to intent fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the age of the child.
  5. The parent of the child is convicted of a felony of a nature as to prove the unfitness of the parent to have future custody of the child or if the parent is imprisoned over two years and the parent has not provided for the child's proper care and custody and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the age of the child.
  6. Parental rights to one (1) or more siblings of the child have been terminated due to serious and chronic neglect or physical or sexual abuse and prior attempts to rehabilitate the parents have been unsuccessful.

20.03. Termination at Initial Disposition. If a petition to terminate parental rights to a child is filed, the Court may enter an order terminating parental rights at the initial disposition hearing; however, the Court may not enter an order terminating parental rights at the initial disposition hearing if the parents(s) have not been afforded at least thirty (30) days notice before such hearing as provided in Section 13.

20.04. Quality of Evidence. The same rules of evidence that apply at adjudication shall apply in termination of parental rights proceedings.

20.05. Order. An order terminating parental rights under this Code may not be entered unless the Court makes findings of fact, states its conclusions of law and includes that statutory basis for the order. The Court may state the findings and conclusions on the record and, in all cases, shall include them in a written opinion. If the Court does not issue a decision on the record following the hearing, it shall file its decision within twenty-eight (28) days after the taking of final reports.

20.06. Voluntary Relinquishment of Parental Rights. Parental rights may be voluntarily terminated by a parent in writing, if signed by the parent in the presence of and with the approval of the Court. Any consent given prior to, or within 10 days after, the birth of the child shall not be valid. The Court shall ensure that the parent understands the consequences of the voluntary termination prior to approving it. A parent who wishes to
relinquish parental rights shall be provided an interpreter if the parent does not understand English. Consent may be withdrawn prior to the entry of the final order.

20.07. Child's Continued Right to Benefits. An order terminating the parent-child relationship shall not dismantle a child to any benefit due the child from any third person, agencies, state or the United States nor shall any action under this Code be deemed to affect any rights and benefits that the child derives from the child's descent from a member of a federally recognized Tribe.

20.08. Advise of Right to Appeal. Immediately upon entry of an order terminating parental rights, the Court shall advise the respondent parent orally or in writing that the parent entitled to appellate review of the order. Appellate review shall be by right. The clearly erroneous standard shall be used in reviewing the findings of the Children's Court on appeal from an order terminating parental rights.

20.09. Post Termination Review Hearing. If a child remains a ward of the Court following the termination of parental rights to the child, the Court shall conduct a review hearing at least every six (6) months to review the progress toward permanent placement of the child. The Court shall make findings on whether reasonable efforts have been made to establish permanent placement for the child and may enter such orders as it considers necessary in the best interests of the child.


Section 21. Child Protection Records.

21.01. Children's Court Records. A record of all hearings under this Code shall be made and preserved. All Children's Court records shall be confidential and shall not be open to inspection to any but the following:

  1. The child;
  2. The child's parent(s), guardian or custodian;
  3. The prospective adoptive parent(s);
  4. The child's counsel or court appointed special advocate;
  5. The Children's Court personnel directly related to the case;
  6. Any other person by order of the Court having legitimate interest in the particular case or the work of the Court.

 

21.02. Law Enforcement and Social Services Records. Law enforcement records and files concerning a child shall be kept separate from the records and files of adults. All law enforcement and family service records shall be confidential and shall not be open to inspection to any but the following:

  1. The child;
  2. The child's parent(s), guardian or custodian;
  3. The child's counsel or court appointed special advocate;
  4. Law enforcement personnel;
  5. The Children's Court personnel directly related to the case;
  6. Any other person by order of the Court having legitimate interest in the particular case or the work of the Court.


Section 22. Delegations of Parental Authority/Guardianship.

22.01. Power of Attorney. A parent(s), guardian or custodian including Tribal family services agencies, may delegate to another person, the powers of a parent regarding the care, custody and property of a minor child. Such powers include but are not limited to the following: the consent of admission to a hospital or school, consent to routine dental care, non-surgical medical care and emergency dental, medical or surgical care. The delegation shall be valid for a period not to exceed six (6) months from the date of execution and may be revoked in writing at any time by the person or agency delegating the power. The delegation of power does not include the power to consent to marriage or adoption of a child and the power to release a child for adoption.

22.02. Types of Guardianship.

  1. Temporary Guardianship. The Court may appoint a temporary guardian under such terms and conditions as the Court sets forth in the written order. A temporary guardianship may be terminated if the Court determines that it is in the best interests of the child to change custody from temporary guardian to a new guardian or to return the child to the parent, guardian or custodian. A temporary guardianship shall be established by parental consent only and shall be revocable by the Court upon parental request. The parent and the child's extended family shall be granted liberal visitation rights unless deemed inappropriate by the Court.
  2. Full Guardianship. The Court, when it appears necessary or convenient, may appoint guardians for the persons under the Court's jurisdiction. Unless otherwise specified by the Court, a guardian appointed shall be responsible for the care, custody and education of the child until the child reaches the age of 18 years, dies, is emancipated by the Court, or until the guardian is legally discharged. Unless the Court appoints a separate individual as guardian of property the guardian of person shall also be the guardian of the child's property.

 

22.03. Grounds. The Court may appoint a guardian for a child if either of the following circumstances exist:

  1. The parental rights of both parents or of the surviving parent have been terminated or suspended by prior court order, by judgment of divorce or separate maintenance, by death, by judicial determination of mental incompetence, by disappearance or by confinement in a lace of detention.
  2. The appointment is necessary for the immediate physical well-being of the minor.

22.04. Who May File. Any person interested in the welfare of the child, including Tribal family services, may file a petition for guardianship. The petition may be initiated either by the proposed guardian or by the child if the child is at least fourteen (14) years of age.

22.05. Notice of Guardianship Proceedings. Before appointing a guardian, the Court must give reasonable notice to any person having the care of the child, to the child and to other relatives of the child as the Court may deem
proper.

22.06. Contents of Guardianship Petition.

  1. The petition for guardianship shall include the following, to the best information and belief of the petitioner:
    1. The full name, sex, date and place of birth, residence and Tribal affiliation of the proposed ward;
    2. The full name, address, Tribal affiliation, relationship if any to the minor and interest in the proceeding of the petitioner;
    3. The names and addresses of the minor's parents, if living and of other persons known to have an interest in the petition for appointment of guardian; the name and date of death of the minor's deceased parent or parents;
    4. The basis for the Court's jurisdiction;
    5. The name and address of the person or agency having legal or temporary custody of the proposed ward;
    6. A statement of the reason or reasons that the appointment of a guardian is sought; whether the petitioner seeks the appointment of a guardian of the person, a guardian of the estate or both; and whom the petitioner recommends or seeks to have appointed as such guardian or guardians and
    7. A full description and statement of value of the minor's assets and liabilities with an estimate of the value of any property owned, possessed, or in which the proposed ward has an interest, including any income and receivables to which the proposed ward is entitled.
  2. All petitions must be written and dated by the petitioners and must be notarized or witnessed by a clerk of the Court.

 

22.07. Guardianship Report.
  1. Upon the filing of a guardianship petition, the Court shall immediately request that the family services department or other qualified agency conduct a guardianship report on the proposed guardian and report on the proposed ward. The guardianship report shall contain all pertinent information necessary to assist the Court in determining the best interests of the proposed ward.
  2. No determination can be made on a petition for guardianship until the report has been completed and submitted to and considered by the Court. The guardianship report shall be submitted to the Court no later than ten (10) days before the hearing. The Court may order additional reports as it deems necessary.

22.08. Powers and Duties. To the extent that it is not inconsistent with the terms of any order of the Court, a guardian of the person has the following powers and duties:

  1. The guardian of the person is entitled to custody of the person of the ward and shall make provisions for the ward's care, comfort and maintenance and shall as appropriate to the ward's needs, arrange for the training, education, employment, rehabilitation or habitation. The guardian of the person shall take reasonable care of the ward's clothing, furniture, vehicles and other personal effects that are with the ward.
  2. In arranging for a domicile, the guardian of the person shall give preference to places within the Tribal reservation over places not in the reservation, if both in-reservation and out-of-reservation places are substantially equivalent. The guardian also shall give preference to places that are not treatment facilities. If the only available and appropriate places of domicile are treatment facilities, the guardian shall give preference to Tribal-based treatment facilities, such as group homes, over treatment facilities that are not Tribal-based.
  3. The guardian of the person shall have authority to consent to any medical, legal, psychological or other professional care, counsel, treatment or service for the person. The guardian of the person may give any other consent or approval on the ward's behalf that may be required or in the ward's best interest. The guardian of he person may petition the Court for concurrence in the consent or approval.

 

22.09. Reimbursement of Guardian. A guardian of the person is entitled to be reimbursed out of the ward's estate for reasonable and proper expenditures incurred in the performance of the duties as guardian of the ward's person. The Court may order monthly reimbursement payments to the person or agency to whom custody is granted under this Code, provided sufficient funds have been appropriated by the Tribal Council. Such payments must be used by the person or agency with custody of the child for the sole purpose of covering expenses incurred in the care
and custody of said child and shall not be used for any other purpose. The use of such payments for any purpose
other than that described in this Code shall subject the guardian to contempt of court and any criminal and civil penalties or remedies provided by the Tribal Code.

22.10. Limitation of Guardian's Liability. A guardian of the person, if the guardian has acted within the limits imposed by this Code or the order of appointment or both, shall not be liable for damages to the ward or the ward's estate, merely by reason of the guardian's:

  1. Authorizing or giving consent or approval necessary to enable the ward to receive legal, psychological or other professional care, counsel, treatment or service in a situation where the damages result from the negligence or other acts of a third person; or
  2. Authorizing medical treatment or surgery for the ward, if the guardian acted in good faith and was
    not negligent.

22.11. Guardianship of Property.

  1. The Court may appoint a guardian for the property of a ward under such terms and conditions as the Court sets forth in the written order. The guardianship may cover all property or it may be limited to only specific property or a specific legal action as set forth in the written order. A limited guardianship of the person may also include guardianship of the ward's property if set forth in the written order.
  2. Duties. A guardian of property shall not have authority over the person but shall be responsible for acting in a reasonable and prudent manner to collect, preserve, manage and use of the child's estate to accomplish the desired result of administering the child's property legally and in the child's best interest, including but not limited to the following specific powers:
    1. To take possession, for the child's use, of all the child's estate;
    2. To receive assets due the child from any source;
    3. To maintain any appropriate action or proceeding to obtain support to which the child is legally entitled, to recover possession of any of the child's property, to determine the title or to recover damages for any injury done to any of the child's property; also, to compromise, adjust, arbitrate, sue on or defend, abandon or otherwise deal with and settle any other claims in favor or against the child;
    4. To pay taxes, assessments and other expenses incident to the collection, care, administration and protection of the child's estate;
    5. To expend estate income on the child's behalf and to petition the Court for prior approval of expenditures from estate principal; provided neither the existence of the estate or guardian's authority to make expenditures shall be construed as affecting the legal duty that a parent or other person may have to support and provide for the child; and
    6. To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals and security as the guardian shall deem advisable, including the power of a corporate guardian to borrow from its own banking department, for the purpose of paying debts, taxes and other claims against the child and to mortgage, pledge or otherwise encumber such portion of the child's estate as may be required to secure such loan(s).

 

22.12. Annual Reports and Review Hearings.
  1. All limited guardians and guardians, including guardians of property, shall file annual reports with the Tribal Court providing an update on the condition of the ward and, if applicable, an accounting of funds collected and funds expended on behalf of the ward. Notice of the availability of such report shall be provided to interested parties and the report shall be available for review by interested parties.
  2. A review hearing shall be scheduled in conjunction with the filing of annual reports filed by any guardians upon the Court's motion or at the request of any interested party.

 

22.13. Resignation.
  1. Any guardian who wishes to resign may apply in writing to the Court, setting forth the circumstances of the case. If a guardian of the estate or a guardian both of the estate and of the person, at the time of making the application, also exhibits the final account for settlement and if the Court is satisfied that the guardian has full accounted, the Court mat accept the resignation of the guardian and discharge the guardian and appoint a successor guardian but the guardian so discharged and the sureties are still liable in relation to all matters connected with the guardianship before discharge.
  2. A guardian of both the estate and of the person who wishes to resign as guardian of the estate of the ward but continue as guardian of the person of the ward may apply for the partial resignation as provided in this Code.

 

22.14. Appointment of Successor Guardian. Upon the removal, death or resignation of a guardian, the Court shall appoint a successor guardian following the same criteria that would apply to the initial appointment of a guardian.

22.15. Fiduciary Duty. All persons acting under a power of attorney, limited guardianship, guardianship, or guardian of property and any person or agency appointed to act on behalf of a minor under this code acts in a fiduciary capacity. As a fiduciary, one owes a duty to act in the best interest of the minor, exercising sound judgment and avoiding conflicts of interest. Any person acting as a fiduciary, who breaches his/her fiduciary duties will be liable for any damages resulting from such breach.


Section 23. Adoption.

23.01. Purpose. The purpose of the section is to create new, substitute relationships in a manner which protects the rights and the welfare of Indian children, natural parents and adoptive parents. It is the policy of the Tribal Council to support and promote the adoption of Indian children by members of the Little River Band in those circumstances where adoption is the only placement alternative for the child.

23.02. Jurisdiction. The Children's Court shall have jurisdiction over all adoptions where: (a) the person to be adopted is a Tribal member; or, (b) the person to be adopted is eligible for enrollment is of Indian descent and the petitioners) is/are members of the Little River Band.

23.03. Interested Parties in Adoption Proceedings: The following parties have an interest in adoption proceedings involving children who are enrolled members of the Little River Band or who are eligible for enrollment in the Tribe:

  1. the petitioner;
  2. the Tribe, acting through the Binojeeuk Commission;
  3. the adoptee if he/she is over fourteen (14) years of age;
  4. the minor parent, adult parent, or surviving parent of a minor adoptee; however, such parent(s) shall not have the ability to nominate the petitioner or to refuse to consent to an adoption if the rights of such parent(s) have been involuntarily terminated by a court of competent jurisdiction;
  5. any custodian of the child;
  6. members of the child's extended family who are enrolled members of the Tribe;
  7. the child placement agency, including the Tribe's Family Services Department or Michigan Family Independence Agency, to which the adoptee has been or is proposed to be released or committed by order of a court of competent jurisdiction;
  8. the parent or guardian ad litem of an unemancipated minor parent of the adoptee;
  9. the Children's Court and/or other court with continuing jurisdiction over the adoptee; and
  10. the guardian or guardian ad /item of an interested party.

 

23.04. Putative Fathers as Interested Parties. In addition to the parties listed in subsection 23 .04, putative fathers shall be considered interested parties when such persons are identified in accordance with subsection 13.09.

23.05. Who May File Petition. Any person over the age of twenty-one (21) may file a petition to adopt another person. Married persons maintaining a home together must make a joint petition, except where one spouse is a natural parent of the adoptee.

23 .06. Petition for Adoption. An adoption proceeding is commenced by filing a petition for adoption with the Children's Court. The petition shall be filed by the person(s) who wishes to adopt the child and has been nominated by the person(s) or child placement agency with the authority to nominate such persons. It shall be signed by the person(s) filing the petition and shall contain:

  1. The full name, residence, documentary proof of date and place of birth and the degree of Indian blood of the adoptee;
  2. The full name(s), residence(s), date(s), and place(s) of birth, degree(s) of Indian blood, occupations) and documentary proof of marital status of petitioner(s).
  3. Proof of parental consent to the adoption, if applicable, and notice to the child's surviving
    grandparent(s), if any;
  4. A copy of each release or order terminating parental rights over the child, if applicable;
  5. A copy of the order of commitment of the child to a child placement agency or proof of a guardian's appointment, if applicable;
  6. Proof of the child placement agency's release or consent to adoption and authorization to execute such release or consent to the adoption;
  7. A statement by the petitioner(s) it is the desire of the petitioner(s) that the legal relationship of a parent and child be established between them and the adoptee;
  8. A full description and statement of value of all property owned or possessed by the adoptee to the best of the petitioner's knowledge.

 

23.07. Investigative Report. Upon the filing of a petition for adoption, the Court shall request that the Tribe's Family Services Department investigate the stability of the adoptee for adoption, the financial ability, moral and physical fitness and general background of the adopting parent(s), and to file a report of such investigation, together with recommendations on the proposed adoption within thirty (30) days after receiving notice of the petition for adoption. The Court or the Family Services Department may request the assistance of any local, state or federal agency in obtaining information as to the suitability of the potential adopting parents.

23.08. Recommendation of the Binojeeuk Commission. Upon completion of the investigative report, the Tribe's Family Service Department shall submit the report to the Binojeeuk Commission and the Commission shall meet with the Tribal Family Service department and formulate a recommendation for the Tribal Court.

23.09. Parental Consent to Adoption and Release for Adoption.

  1. Interested Parties. In a proceeding to approve a consent to adoption filed by the surviving parent(s) or guardian, the interested parties entitled to notice of such proceedings include, but are not limited to:
    1. the person(s) executing the consent to adoption;
    2. the adoptee if he/she is over the twelve (12) years of age;
    3. the person(s) nominated by the parent(s) or guardian to adopt the child in such consent to adoption, if applicable;
    4. the child placement agency to which the adoptee is proposed to be released, if applicable; and
    5. the Little River Band Family Services Department and Binojeeuk Commission.
  2. Consent Procedure. Provided the Binojeeuk Commission does not object to adoptive parent(s) nominated by the parent(s) or guardian, the Court may enter an order of adoption when a written consent to adoption, executed by the surviving parent(s) or guardian, is filed with the Court. The consent or release must be signed in the presence of the Court. The Court shall satisfy itself on the record that the person(s) releasing for adoption, or consenting to the adoption, of their child(ren) have been informed of the nature and consequences of their actions.
    1. The minority age status of parent(s) shall not be a bar to the right of consent nor shall it invalidate such consent or release.
    2. The rights of non-consenting parents may be terminated pursuant to this Code. The Court may execute consent to adoption of such children or authorize the child placement agency with whom the child has been committed for care to execute such consent.

    In the event the Binojeeuk Commission objects to the acceptance of a consent to adoption, the parent(s) or guardian, or the person(s) nominated by the parent(s) or guardian in the proposed consent to adoption, may file a petition for adoption in accordance with this section.

  3. Withdrawal of Consent or Release for Adoption. Any release or consent to adoption may be withdrawn by a parent(s) whose parental rights have not been terminated at any time before the entry of the final order of adoption.

 

23.10. Hearing on Petition for Adoption; Open Adoption Permitted. Within (14) days after receipt of the investigative report and recommendation from the Binojeeuk Commission, the Court shall schedule and hold a hearing to review the petition, documentation submitted in support of the petition, and the recommendations of the Binojeeuk Commission to determine if the proposed adoption is appropriate and in the best interests of the child. Such recommendations shall include consideration of provisions in the decree which allow continued or future contact or visitation with the child with his/her biological parent(s) and extended family of the biological parent(s). Such recommendations shall be based primarily on the best interests of the child, together with consideration of the wishes of the biological parent(s), the prospective adoptive parent(s) and the child.

23.11. Appearance Mandatory. The adoptee and adopting parent(s) shall appear in person at the hearing. The consenting parent(s) of the prospective adoptee shall also be required to appear at the hearing if the parental rights of such person(s) have not previously been terminated.

23.12. Supervisory Placement. If the Court determines that approval of the adoption petition is in the best interests of the child, the Court may enter an order terminating the rights of the consenting child placement agency, granting preliminary approval of the petition, making the child a ward of the Children's Court, placing the child in the home of the prospective adoptive parents, and ordering periodic reports on the child's progress during the supervisory period, which shall not exceed 120 days. The Court may waive all or part of the supervisory period if the proposed adoptive placement is with a member of the child's extended family or if the child has been living with the prospective adopting parents for more than six months in a foster care or other situation.

23.13. Final Hearing. Not less that ninety (90) days, nor more than one hundred twenty (120) days, after the adoptee has been in custody of the adoptive parent(s), the parent(s), if any, the adoptee and adoptive parent(s) shall appear before the Court. They shall report to the Court about the welfare of the adoptee, the current status of their home and the desire of the adoptive parent(s) to finalize the adoption.

23.14. Adoption Decree. If the Court is satisfied that the interests of the adoptee are best served by the proposed adoption, the Court shall enter an order terminating the rights of the consenting parent(s) and entering a final decree of adoption. The Court may order or adoptive parent(s) may request a six (6) month extension of trial custody after which a final adoption decree must be entered or the adoptee shall be returned to the custody of the Court.

23.15. Effect of Final Judgment.
  1. After the final order of adoption is entered, the relation of parent(s) and child and the rights; duties and other legal consequences of a natural relation of child to parent(s) shall thereafter exist between the adoptee and the adoptive parent(s).
  2. The status of an adoptee as a member of the Tribe shall not be affected by adoption. An adoptee who is eligible for membership in the Little River Band shall be enrolled as a Tribal member prior to the finalization of the adoption.
  3. After the final order of adoption is entered, the natural parent(s) of the adoptee, except a natural parent who is the spouse of an adoptive parent, shall be relieved of all parental responsibilities for such adoptee and have no right regarding the adoptee or right to inherit property by descent or distribution.
  4. Minors adopted by order of the Court shall assume the surname of the person(s) by whom they are adopted unless the Court orders otherwise. Such adoptees shall be entitled to the same rights of person and property as children or heirs of the adoptive parents.

 

23.16. Confidentiality. Unless the Court includes otherwise orders, hearings held in proceedings under this chapter shall be confidential and shall be held in closed session, without the admission of any person other than the interested parties and witnesses. All papers, records, petitions or files pertaining to proceedings except the final judgment of adoption shall be maintained by the Court in locked files and shall not be released to anyone except pursuant to Court order. The Court may include provisions authorizing the biological parent(s), extended family members of the biological parent(s), and/or the adoptee access to certain papers, records, petitions or papers in its decree or final order of adoption if such adoption will be open.


Section 24. Emancipation.

24.01. Operation of Law. Emancipation may occur by operation of law or pursuant to a petition by a minor with the Children's Court. Emancipation occurs by operation of law:

  1. When a minor is validly married;
  2. When a person reaches the age of eighteen (18) years;
  3. During the period when the minor is on active duty with the armed forces of the United States;
  4. For the purposes of consenting to routine, non-surgical medical care or emergency medical treatment to a minor when the minor is in the custody of a law enforcement agency and the minor's parent or guardian cannot be promptly located.

 

24.02. Petition. An emancipation may also occur by Court order pursuant to a petition filed by a minor with the Children's Court.

  1. The petition must be signed by the minor and must include an affidavit by an individual having personal knowledge of the minor's circumstances who believes that under the circumstances emancipation is in the best interest of the minor.
  2. After the petition is filed the Court may assign an employee to investigate the allegations; appoint legal counsel for the minor; appoint legal counsel for the minor's parent(s) or guardian if they are indigent; or dismiss the petition if the minor's custodial parent does not consent and is providing support.
  3. The Court may issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes that:
    1. The minor's parent or guardian does not object to the petition;
    2. The minor is at least sixteen (16) years of age;
    3. The minor is a resident of the Tribe's nine (9) county service area;
    4. The minor has demonstrated ability to manage financial affairs including proof of employment or other means of support;
    5. The Minor has the ability to manage personal and social affairs;
    6. The Minor understands the rights and responsibilities as an emancipated minor.
  4. The minor or parent or guardian of the minor may file an appeal from the Court's grant or denial of an emancipation petition or a minor emancipated by court order may petition the Children's Court to rescind the order.

 

24.03. Rights and Responsibilities. A minor emancipated by operation of law or by court order will be considered to have the rights and responsibilities of an adult except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages and the heath and safety regulations relevant to the minor because of age. A minor will be considered emancipated for the purpose of the following rights:

  1. To enter into enforceable contracts;
  2. To sue or be sued in the minor's name;
  3. To retain the minor's own earnings;
  4. To establish a separate domicile;
  5. To act autonomously and with the right and responsibilities of an adult in all business relationships;
  6. To earn a living;
  7. To authorize the minor's own physical and mental health care;
  8. To apply for a driver's license or other state or Tribal license;
  9. To register for school;
  10. To marry;
  11. To apply to medical assistance programs administered under the State of Michigan Social Welfare Act or Indian Health Service or Tribal Health Services;
  12. To apply for welfare assistance;
  13. If a parent, to make decisions and give authority in caring for the minor and;
  14. To make a will.

 

24.04. Debts incurred by emancipated minor. Parents of a minor emancipated by court order are not liable for any debts incurred by the minor during the period of emancipation.


Section 25. Authorization of Medical Treatment.

25.01. Conditions Under Which Court May Authorize. At any time, regardless of whether a child is under the authority of the Court, the Court may authorize medical or surgical care for a child when:

  1. A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of case; or
  2. A physician informs the Court orally or in writing that in the physician's professional opinion, the life of the child would be greatly endangered without certain treatment and the parent(s), guardian or custodian refuses or fails to consent. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent(s), guardian or custodian an immediate informal hearing but this hearing shall not be allowed to further jeopardize the child's life or health.

25 .02. In making its order the Court shall give due consideration to any treatment being given the child by prayer through spiritual means alone or through other methods approved by Tribal customs or traditions or religions, if the child or the parent(s), guardian or custodian are adherents of an established religious denomination that relies on this form of treatment in lieu of medical treatment or practice the Tribal customs, traditions or religious which is relied upon for such treatment of the child.

25.03. Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under this direction of such physician or hospital shall be subject to criminal or civil liability in the Court for performance of care or treatment in reliance shall be regarded as if it were performed with the child's and the parent(s) authorization.

25.04. Authorizations Reduced to Writing. After entering any authorization under this section, the Court shall reduce the circumstances, finding and authorization in writing and enter it in the records of the Court and shall cause a copy of the authorization to be given to the appropriate physician, hospital or both.


Section 26. Drug Abuse During Pregnancy.

26.01. Jurisdiction. The Children's Court may take jurisdiction of a pregnant woman who has engaged in abuse of alcohol or a controlled substance upon a showing by a preponderance of the evidence that the woman is pregnant and abusing alcohol or controlled substance.

26.02. Court Orders. Upon assuming jurisdiction, the Court may enter orders regarding such person requiring

the woman to refrain from drug abuse, submit to reasonable measures to assure non-use and comply with community based or in-patient treatment programs. Such court orders may be enforced through the Court's civil contempt power.

26.03. Information. Information made available to a Children's Court order regarding a woman's drug use during pregnancy may not be used in a criminal prosecution against the woman.


Section 27. Rehearing.

27.01. Time and Grounds. A party may seek a rehearing or new trial by filing a written motion stating the basis for the relief sought within twenty-eight (28) days after the decision of disposition or supplemental disposition. The Court may entertain an untimely motion for good cause shown. A motion will not be considered unless a matter not previously presented to the Court or presented but not previously considered by the Court which if true would cause the Court to reconsider the case.

27.02. Notice. All parties must be given notice of the motion in accordance with this Code.

27.03. Response. Any response by parties must be in writing and filed with the Court and opposing parties within five (5) days after notice of the motion.

27.04. Procedure. The Judge may affirm, modify or vacate the decision previously made in whole or in part on the basis of the record, the memoranda prepared or a hearing on the motion whichever the Court in its discretion finds appropriate for the case.

27.05. Hearings. The Court need not hold a hearing before ruling on a motion. Any hearing conducted shall be in accordance with the rules for disposition hearings. The Court shall state the reasons for its decision on the motion on the record or in writing.

27.06. Stay. The Court may stay any order pending a ruling on the motion.


Section 28. Children's Court Appeals.

28.01. Who can Appeal. Any party to a Children's Court hearing may appeal a final Children's Court order to the Little River Band Appellate Court. An order terminating parental rights is appealed by right.

28.02. Time Limit for Appeal. Any party seeking to appeal a final Children's Court order shall file a written notice of appeal with the Court within twenty-eight (28) days of the final order.

28.03. Review Standard. The clearly erroneous standard shall be used in reviewing the findings of the Children's Court on appeal.

28.04. Record. For purposes of appeal, a record of proceedings shall be made available to the child, the parent(s), guardian or custodian, the child's counsel and others upon court order. Costs of obtaining this record shall be paid by the party seeking the appeal.

28.05. Stay of Appeal. A court order may be stayed upon order of the Appellate Court.

28.06. Conduct of Proceedings. All appeals shall be conducted in accordance with the Tribal Code and Tribal Court Rules of Procedure as long as those provisions are not in conflict with the provisions of this Children's Code.


Section 29. Foster Home Licensing Procedures.

29.01. Inspection.

  1. The Tribal Council shall appoint one or more qualified member(s) or employee(s) of the Tribe as the foster home inspector(s). The foster home inspector(s) shall examine homes of Tribal members and others who reside on Tribal Lands and within a one hundred and fifty (150) mile radius of Tribal Lands. The foster home inspector shall submit a recommendation to the Binojeeuk Commission which shall act upon said recommendation within thirty (30) days and if no action is taken, the recommendation of the foster home inspector shall be implemented for later affirmation by the Tribal Council.
  2. Except under exceptional circumstances or in order to preserve a family unit, no foster home may accept more than four (4) foster placements.
  3. Any license issued by the foster home inspector shall apply only to the residences) where the family is living at the time of application for a license is made and a permanent change of residence automatically terminates the license. The foster care parents are required to notify the foster care inspector whenever a change of residence is contemplated.
  4. The foster care parents must also notify the foster care inspector whenever a change in the household occurs. For example, if one of the foster care parents is convicted or is accused of a major crime or if one of the foster care parents moves out of the residence or if any other person moves into the residence, the foster care inspector must be informed within forty-eight (48) hours.

 

29.02. Foster Home Requirements.
  1. The home shall be constructed, arranged and maintained so as to provide for the health and safety of all occupants. The foster care inspector may, upon twenty-four (24) hours notice, inspect a foster care dwelling at any time.
  2. Heating, ventilation and light shall be sufficient to provide a comfortable, airy atmosphere. Furnishings and housekeeping shall be adequate to protect the health and comfort of the foster child.
  3. Comfortable beds shall be provided for all members of the family. Sleeping rooms must provide adequate opportunities for rest. All sleeping rooms must have a window of a type that may be opened readily and may be used for evacuation in case of fire.
  4. Play space shall be available and free from hazards which might be dangerous to the life or health of the child.

 

29.03. The Foster Family.
  1. All members of the household must be in such physical and mental health as will not adversely affect either the health of the child or the quality and manner of care.
  2. Members of the foster family shall be of good character and habits. They must never have been convicted of a sex offense and may not have any felony convictions within the last three (3) years. Exceptions concerning non-sexual felony convictions may be made providing adequate information is provided indicating that a change of character has occurred.
  3. The person in charge of the foster home shall be of suitable temperament to care for the children, shall understand the special needs of the child as an Indian person and shall be capable of bringing the child up as an Indian person who is well adjusted and able to get along both within the Tribal community and in the surrounding non-Indian community as well.
  4. Foster parents shall be responsible, mature individuals who are in the view of most community members of good character. Foster parents must be at least twenty-one (21) years old unless a member of the child's extended family but there is no upper age level provided the foster parent has the physical and emotional stamina to deal with the care and guardianship of a foster child. The foster parent must be willing, when necessary, to cooperate with the biological parents and must be willing to help the family re-establish the necessary family ties.
  5. A foster home does not necessarily have to have both a male and female foster parent. The foster care inspector may certify a foster home with a single foster parent provided that foster parent displays the outstanding qualities necessary to raise a foster child.
  6. The foster parents must have an income sufficient to care for all individuals in the foster home. The foster care inspector may take into account the state stipend when determining the financial ability of the foster care parents.
  7. Any time pre-school foster child is placed in a foster home there must be at least one (1) foster parent in full time attendance. For school-age children, the foster parent must show the arrangements that will be made for those periods of time when both foster parents are employed. Infants and young children shall never be left alone without competent supervision.
  8. Without specific approval by the Tribal Council, a foster home shall not be licensed whenever any member of the family is mentally ill or on convalescent status from a mental hospital or prison parole or probation or is an inmate of a penal or correctional institution.
  9. The standards the foster care inspector shall use in judging the above criteria shall be those of the Indian community.
  10. The foster care inspector is authorized to make a complete investigation to determine the adequacy of the foster care home. The inspector shall be authorized to examine not only the potential foster care parents but also other Tribal member who is familiar with the applicants and is familiar with the type of care they provide to their children.

 

29.04. The Foster Child.

  1. The daily routine of a foster child shall be such as to promote good health, rest and play habits.
  2. The responsibility for a child's health care shall rest with the foster parents. In case of sickness or accident to a child, immediate notice shall be given to the foster care inspector. Foster care parents may consent to surgery or other treatment in a medical emergency.
  3. The foster care parents shall not subject the child to verbal abuse, derogatory remarks about the child, the child's natural parents or relatives or to threats to expel the child from the foster home. No child shall be deprived of meals, mail or family visits as a methods of discipline. When discipline or punishment must be administered, it shall be done with understanding and reason. The method of punishment will be that which is accepted by the Indian community.

 


Section 30. Repeal of Interim Children's Code.

30.01. This Ordinance is intended to replace the Interim Children's Code, adopted pursuant to Tribal Council Resolution No. #96-0701-04, which is repealed as of the effective date of this Ordinance.


Section 31. Severability.

31.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of this remaining portions hereof.

Children's Code
Ordinance # 98-900-01
Adopted - June 8,1998
Updated: June 6, 2001(10:36am)

 

JUVENILE CODE

Ordinance # 99-900-02


Section 1. Title and Purpose.

1.01. Title.
This Code shall be titled the "Juvenile Code".

1.02. Purpose. This Juvenile Code is established by the Tribal Council of the Little River Band of Ottawa Indians to address the issues of juveniles in the Children's Court.


Section 2. Cases to be Heard.

2.01. Cases. The cases to be heard before the Children's Court shall include all juvenile status and non-status offenses.

2.02. Proceedings. The proceedings under this code shall be civil in nature and will be held for the purposes of achieving the goals delineated in Section 3.02.


Section 3. Philosophy and Goals.

3.01. Philosophy. The philosophical basis of the Juvenile Code is to address the spiritual, emotional, mental, and physical well being of the juvenile and all other persons affected by the juvenile's behavior. This focus shall be on healing the parties rather than punishing the juvenile for the inappropriate behavior, and to provide appropriate options at all levels of the proceedings for treatment, healing and rehabilitation of the minors, their families, and victims.

3.02. Goals. The goals of the Juvenile Code include:

  1. providing a continuum of services including prevention and early intervention.
  2. providing procedures for intervention in state court proceedings involving juveniles and for transfer of jurisdiction over minors from state and other tribal courts to the Little River Band of Ottawa Indians Tribal Court.
  3. helping the juvenile deal with the problems that have led to the offense.
  4. taking such actions that will best serve the emotional and physical healing of the juvenile and whenever possible, preserving and strengthening the minor's cultural and ethnic identity.
  5. focusing on strengthening families and communities by encouraging responsible thinking and at all times possible using community based alternatives to keep juveniles within their homes and communities.
  6. securing the rights of and ensuring fairness to the minors, parents, guardians, custodians, victims and other parties who come before the Court under the provisions of this Code.
  7. separating the juvenile from the home only when necessary for the juvenile's welfare and in the interests of public safety.


Section 4. Components and Process.

4.01 Components.

  1. Creation of the Case Intake Team. The Case Intake Team (CIT) is created for the purpose of assisting juveniles, their families, and the community at the earliest point of intervention. The Case Intake Team shall promote the stability and security of the Tribe and its families by fully exercising the Tribe's rights and responsibilities under this Code and the Indian Child Welfare Act of 1978 (25 U.S.C. ss.1902-1963).
    See Section 6 of this Code.
  2. Creation of Peacemaking. Peacemaking is created in this Code for the purpose of providing a traditional conflict resolution process to children, youth and families. The vision of Peacemaking is to provide opportunities for resolution and healing to the parties involved which will promote healthier lifestyles and relationships. See Gda Dwendaagnananik, the Peacemaking Guidelines.

 

4.02. Process. The process explained in this section provides a broad overview of this Code. All other provisions in this Code that appear to be in conflict with this Section shall govern.

  1. The Presenting Officer shall determine the type of offense (status or non-status) that the juvenile allegedly committed and if it falls under the jurisdiction of the Tribe. If the case falls under Tribal jurisdiction, the Presenting Officer shall forward it to the Peacemakers or Case Intake Team. See Gda Dwendaagnananik, the Peacemaking Guidelines and Section 6 of this Code.
  2. The following cases shall be immediately referred to the Peacemakers:
    1. when a case represents the juvenile's first appearance before the Little River Band of Ottawa Indians' Children's Court on a status offense. This section applies regardless of whether the juvenile has committed a status and/or nonstatus offense in another court in the past.
  3. All other cases shall be forwarded to the Case Intake Team who shall forward it to the appropriate investigator. The investigator shall investigate the allegations and write a report that shall include recommendations. This report will then be presented to the Case Intake Team.
  4. The Case Intake Team shall convene on a regular basis and determine if the case should: (1) be investigated; (2) be delayed for prosecution in order to develop and implement an appropriate plan; or (3) be forwarded for prosecution in the Tribal Court.
  5. If the case is not immediately referred to the Tribal Court, the Case Intake Team shall develop an appropriate plan for the juvenile and/or family and review it on a regular basis. The plan may include Peacemaking sessions and counseling sessions.
  6. A case shall be referred to the Court for adjudication if rejected by the Case Intake Team or within
    nine months of when the alleged inappropriate behavior occurred. See Section 11.03(b) of this Code.


Section 5. Definition

5.01. As used in this Code:

  1. "Adult " A person eighteen (18) years of age or older or otherwise emancipated by order of a court of competent jurisdiction.
  2. "Calendar Days" Consecutive days of the year.
  3. "Child/Children" A person or persons less than eighteen (18) years old and has not been emancipated by order of a court of competent jurisdiction.
  4. "Children's Court: " A Division of Tribal Court of the Little River Band of Ottawa Indians established by Ordinance 98-100-01.
  5. "Controlled Substance. " A controlled substance as defined by the Public Act of Michigan. Currently controlled substance is defined in the Michigan Statutes and means a drug, substance, or immediate precursor included on the list of five schedules. See No. 368 of the Public Act of 1978, as amended and currently located in M. C.L.A. ss. 333. 7104(2), 333. 7201, 333. 7214, 333. 7216, 333. 7218, and 333. 7220.
  6. "Custodian " A person, other than a parent or guardian who has physical custody of the juvenile and is providing shelter and supervision to the juvenile.
  7. "Domicile" A person's permanent home, legal home or main residence. The domicile of a juvenile is generally that of the custodial parent, guardian or other person with legal custody. Domicile includes the intent to establish a permanent home or the place where the parent, guardian or custodian considers to be the permanent home.
  8. "Extended Family" A person who is the juvenile's grandparent, aunt, uncle, brother, sister, brother in-law, sister-in-law, niece, nephew, first cousin, second cousin, stepparent, other kinship or non-kinship relations recognized by immediate family members.
  9. "Father"
    1. a man married to the mother at any time from a minor's conception to the minor's birth unless the minor is determined to be a child born out of wedlock.
    2. a man who legally adopts the minor; or
    3. a man whose paternity is established in one of the following ways within time limits, when applicable, set by the Court pursuant to the following:
      1. the man and the mother of the minor acknowledge that The is the minor's father in writing executed, notarized and filed in the Tribal or probate court; or
      2. the man and the mother file a joint written request for a correction of the certificate of the birth pertaining to the minor that results in issuance of a substituted certificate recording birth; or
      3. the man acknowledges the minor without the acknowledgment of the mother with the written approval of the Court; or
      4. a man who by order of affiliation or judgment of paternity is determined to be the father of the minor.
  10. "Foster Care Home " A facility licensed and approved pursuant to Tribal or state law.
  11. "Guardian " A person, other than a parent, to whom custody of the child has been given under Tribal law or custom or by order of any court.
  12. "Immediate Family"A person who is the juvenile's parent, stepparent, siblings, stepsiblings, and half siblings.
  13. "Inappropriate Behavior" A juvenile shall have committed inappropriate behavior if The/she:
    1. has violated any municipal ordinance or law of the Little River Band of Ottawa Indians, the United States, or any other jurisdiction; or
    2. has been habitually disobedient or repeatedly refuses to obey the reasonable commands and directives of his/her parent(s), guardian, or custodian, or refuses to learn or adhere to the minor's traditional or cultural ways; or
    3. is habitually truant from school or minor's place of residence without sufficient cause; or
    4. consumes intoxicants or controlled substances; or
    5. consistently acts in a manner likely to endanger the health or safety of themselves, or others.
  14. "Indian " Any member or person eligible for membership of a federally recognized Indian Tribe, band or community or Alaska Natives, any member of a historic Tribe or band, or a person considered by the community to be North American Indian.
  15. "Juvenile" A juvenile is a minor.
  16. "Legal Custody" The right to care, custody, and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a juvenile and, in an emergency, to authorize surgery or extraordinary cape. The parent(s) of a juvenile are vested with legal custody unless such custody is taken from the parent(s) or limited by Court Order. Only the parents with legal custody may give temporary physical and/or legal custody of a juvenile to an adult member or the immediate or extended family unless such rights are limited by Court Order.
  17. "Minor" A person less than eighteen (18) years of age.
  18. "Non-Status Offenses " A non-status offense is an offense regardless of the age of the offender. (For example: shoplifting and assault).
  19. "Parent' A person who is legally responsible for the control arid care of the minor, including the mother, father, guardian or custodian including a natural or adoptive parent but does not include persons whose parental rights have been terminated nor does it include the unwed father whose paternity has not been acknowledged or established.
  20. "Parental Rights" Legal rights which include responsibilities, duties and obligations between the parent and the child. See Children's Code for examples, Ordinance #98-900-01.
  21. "Preponderance of the Evidence " A burden of proof that requires the finder of fact to determine that
    the alleged facts in the petition were more likely than not to have occurred.
  22. "Presenting Officer" The attorney who represents the Tribe in all matters related to this Code (including the Indian Child Welfare Act) and acts as the prosecutor in the Tribal Court.
  23. "Status Offense" A status offense is an offense only because of the age of the offender. These acts would not be considered offenses if committed by an adult. (For example: truancy and curfew).
  24. "Tribe" The Little River Band of Ottawa Indians.
  25. "Tribal Council " The elected governing body, exercising the legislative powers of the Tribe as set forth in the Tribe's Constitution.
  26. "Tribal Court" The Tribal Court of the Little River Band of Ottawa Indians.
  27. "Tribal Lands" Lands owned by the Little River Band of Ottawa Indians or by any subdivision of the Tribal government; lands owned by the United States of America in Trust for the Little River Band of Ottawa Indians; and Indian Country of the Little River Band of Ottawa Indians as defined in 18 U. S.C. � 1151.
bb. `Working Days " A working day is any day that the offices of the Tribal Government are opened for normal business hours, excluding holidays, Saturdays and Sundays.

 


Section 6. Case Intake Team (CIT).

6.01. Membership. The CIT shall include, but not be limited to, the following Little River Band service providers and/or the person's designee from his/her department: (1) Tribal social worker; (2) Presenting Officer; (3) Peacemaker; (4) a client advocate from the community; and any other necessary service providers.

6.02. Non-Tribal Service Providers. Non-Tribal service providers may be invited to the meetings to provide information and guidance in certain cases. The CIT may decide by consensus to include a non-Tribal service provider to be a member of the team, but the person would not have voting privileges.

6.03. Confidentiality of CIT Meetings.

a. Meetings of the CIT shall not be open to the public except for persons authorized to attend by the entire team. Confidentiality of case information shall be maintained. CIT members are subject to the same standards of confidentiality as Court personnel, social service workers and other professionals.

b. Records of Procedures. Case materials and all other CIT records shall be maintained in a confidential
manner. Case summaries may only be provided to CIT members at the meeting.

6.04. Voting. Actions by the CIT will be decided by a majority of those present at the meeting. Non-Tribal service providers shall not be eligible to vote.

6.05. Duties of the CIT. The responsibilities of the CIT shall include:

  1. meeting a minimum of two times per month and more often as requested by Team members.
  2. reviewing the initial written report and recommendations of the investigator regarding the juvenile.
  3. determining the scope of further investigations and who should be assigned to do all or part of it.
  4. being advised of pending state court proceedings involving juveniles and making recommendations regarding intervention in such proceedings and transfer of jurisdiction from state court to the Tribal Court.
  5. making recommendations regarding the juvenile and family in state court cases where the Tribe has intervened in the proceedings.
  6. Determining if the case shall proceed to adjudication in the Tribal Court or remain with the CIT.
  7. developing an appropriate service plan for the juvenile and his/her family.
  8. Reviewing and modifying the service plan as necessary.
  9. networking with other Tribal and state agencies to identify and access services for juveniles and their families.
  10. identifying resources within the Tribal community that are not currently available and informing the appropriate department head.
  11. cooperating with state and community agencies in other jurisdictions and negotiating agreements for accessing service provisions. Such agreements shall be subject to the ratification of the Tribal Council, unless otherwise delegated.
  12. Making recommendations to authorize the filing of status and non-status offense petitions regarding juveniles in the Tribal Court pursuant to this Code.
  13. engaging in further activities to protect and improve the welfare of the juveniles and members of the Little River Band of Ottawa Indians.

 

6.06. CIT Facilitating Services. The CIT shall also provide assistance to families by:

  1. identifying available community resources, programs and services.
  2. Providing recommendations to agencies concerning services needed by families or individuals.
  3. promoting cooperation, communication and consistency among agencies.
  4. Providing a forum for debating what actions would best promote the well-being of Indian juveniles.
  5. responding to inquiries from the community, area child protection teams and other individuals and groups.
  6. assisting in the development and implementation of strategies by communities to promote the dignity, self worth, self-respect and self-sufficiency of community members.

 


Section 7. CIT Investigation, Review and Time Frame.

7.01. CIT Investigation. The Presenting Officer shall receive or be forwarded all complaints. The or she shall present complaints to the CIT at the next meeting or fourteen (14) calendar days from when the complaint is received, whichever is sooner. The CIT initial investigation shall be completed within twenty (20) working days of when the complaint is received from the Presenting Officer. The investigator shall be a person from the Family Services Department or other appropriate person. The investigation shall include, but not be limited to, interviewing the juvenile, gathering family background and conducting a home assessment. The investigator shall also talk to the victim(s) and gather information and recommendations regarding the incident. Based upon the information gathered, the investigator shall write a report which shall include recommendations and present it to the CIT.

  1. The CIT shall review all recommended actions and shall:
    1. decide not to proceed with any action;
    2. refer the matter to Peacemaking;
    3. develop a case plan for the juvenile; or
    4. refer the matter to Tribal Court for adjudication.
  2. Removal. The CIT cannot remove a juvenile from his/her home without a preliminary hearing being held.

 

7.02. Review. The CIT shall review the juvenile's progress every thirty (30) calendar days. The CIT shall request and the Presenting Officer shall file a Petition for formal adjudication upon a finding by the CIT that the plan has not been substantially followed.

7.03. Time Frame.

  1. Petition Pending. Any case plan that is developed when a petition is pending before the Tribal Court shall be concluded within nine (9) months, unless otherwise extended by the Court.
  2. No Petition Pending. Any case plan that is developed without a petition pending before the Court must be completed within nine (9) months. A petition for the juvenile's alleged inappropriate behavior cannot be filed after nine (9) months of when the alleged behavior occurred. See Section 11.03(b).

 


Section 8. Peacemaking.

8.01. Guidelines Governing Peacemaking. The Tribal Judiciary shall promulgate the guidelines governing Peacemaking. See Gda Dwendaagna'nanik, the Peacemaking Guidelines.

8.02. Cases to be Heard. The Peacemakers have the authority to hear:
  1. all juvenile cases involving a first time status offense in the Little River Band of Ottawa Indians Tribal Court system;
  2. all other cases referred by the Case Intake Team:
  3. all other cases that are referred by the Tribal Court; and
  4. cases from persons requesting to voluntarily access Peacemaking.

8.03. Case Denial. Peacemakers have the right to refuse any case after it has been referred and denied in writing by two Peacemaking groups. See Gda Dwendaagnananik, the Peacemaking Guidelines.


Section 9. Transfer of State Court Proceedings.

9.01. Notice and Transfer Decisions. The Presenting Officer shall be the agent for service of notice of state court juvenile custody proceedings. The Presenting Officer shall provide copies of the notice to the Case Intake Team and the Tribal Family Services Department within three (3) working days after receipt of such notice.

  1. Intervention. The Presenting Officer shall file a Notice of Intervention with the state court within five (5) working days upon certification by the Little River Band membership office that the minor is an Indian child pursuant to the Indian Child Welfare Act (25 U.S.C. � 1901-1963)
  2. Investigation and Pre-transfer Report. The Tribal Family Services Department shall conduct an investigation and file a written report with the Presenting Officer and the CIT.
  3. Decision to Request Transfer. The Case Intake Team shall make written recommendations regarding whether or not the Tribe should petition for transfer from the state court. The Case Intake Team shall consider all of the following factors:
    1. The best interests of the juvenile.
    2. The best interests of the Tribe.
    3. Availability of services for the juvenile and the family.
    4. The circumstances of the inappropriate behavior.
    5. The best interests of the victim.
  4. Petition for Transfer. The Tribal petition for transfer shall be filed in the state court by the Presenting Officer within five (5) calendar days of receipt of the CIT's recommendation for transfer.

 

9.02. Transfer of Jurisdiction to Other Courts. In all proceedings before the Children's Court, the Court (on its own or by motion by any party) may transfer the proceedings to an appropriate state court or another tribal court where the state or the other Indian Tribe has a significant interest in the juvenile and the transfer would be in the best interest of the juvenile.


Section 10. Jurisdiction and Procedures of the Children's Court.

10.01. Children's Court. There is established for the Little River Band of Ottawa Indians, a division of the Tribal Court known as the Children's Court. The jurisdiction of the Children's Court is civil in nature and includes the right to issue all orders necessary to carry out the purposes of this Code.

10.02. Rules of Procedure. The procedures in the Children's Court shall be governed by the rules of procedure for the Tribal Court that are not in conflict with this Code.

10.03. Subject Matter Jurisdiction The Children's Court has original jurisdiction over the following proceedings:

  1. proceedings in which a minor is alleged to have committed a status or non-status offense or committed inappropriate behavior.

 

10.04. Continuing Jurisdiction of the Children's Court. Jurisdiction, once exercised by the Children's Court over a proceeding involving a juvenile, is continuing and exclusive unless terminated by the Court in one of the following ways:

  1. the minor becomes an adult, except where a juvenile becomes an adult during the proceedings under this Code.
  2. When the Children's Court enters an order terminating its jurisdiction or transferring jurisdiction to another court.

 

10.05. Persons Subject to Jurisdiction of the Children's Court. The Children's Court may exercise personal jurisdiction over the following categories of persons:

  1. any juvenile who is an enrolled member of the Tribe or eligible for enrollment who is under the age of eighteen (18) years residing in the Counties of Kent, Manistee, Mason, Lake, Muskegon, Newaygo, Oceana, Ottawa and Wexford, in the State of Michigan;
  2. a juvenile who is an enrolled member of the Tribe or eligible for enrollment in the Tribe who is involved in a delinquency proceeding or other status offense proceeding which is transferred to the Tribal Court pursuant to Section 9.
  3. a non-Indian or nonmember juvenile domiciled or residing within the Tribal lands of the Little River Band of Ottawa Indians in the home of an enrolled member of either the Little River Band of Ottawa Indians or any other Indian Tribe.
  4. Any person causing a juvenile to come within the jurisdiction of this Code, including parent(s), guardian(s) and custodians) of juveniles coming under the jurisdiction of this Court pursuant to paragraph (b) of this section.

Section 11. Authorization to File Petition.

11.01. Complaint. Any person may file a complaint in writing with the CIT, Family Services Department, Presenting Officer or law enforcement alleging that a juvenile has committed inappropriate behavior. The complaint shall immediately be forwarded to the Presenting Officer unless already presented to him/her.

11.02. Petition. After an appropriate investigation is conducted pursuant to Section 7.01, the CIT shall decide if a petition should be filed against the juvenile. The Presenting Officer is responsible for filing the petition. The petition shall be filed with the Clerk of the Children's Court.

11.03. Time Limitations for filing a Petition.
  1. If a juvenile has been removed from the home, a petition shall be filed with the Children's Court within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, or the juvenile must be returned to his/her home; or
  2. If a juvenile has not been removed from the home, a petition shall be filed within nine (9)months of when the alleged inappropriate behavior occurred.

 

11.04. Contents of Petition. The petition shall set forth the following with specificity:

  1. the name, birth date, sex, residence and Tribal affiliation of the juvenile;
  2. the basis for the Court's jurisdiction;
  3. the specific allegations of the juvenile's inappropriate behavior, including the date, time and location at which the alleged facts occurred;
  4. the names, residence and Tribal affiliation of the juvenile's parents, guardians or custodians, if known;
  5. the names, relationships and residences of all known members of the juvenile's extended family and all former care givers, if known. If the identity, residence or location of any parent, guardian, or custodian is unknown, the name, relationship and address of any known adult relative(s) residing in the same city or county as the juvenile;
  6. if the juvenile is placed outside of the home the following information must be stated in the petition:
    1. where the juvenile is placed;
    2. the facts surrounding the placement; and
    3. the date and time of the placement.
  7. The name of the Presenting Officer and the date and time presented;
  8. the type of relief requested, including whether temporary or permanent custody is sought.
  9. if any matters required to be set forth in subsections (a) through (i) of this section are not known, a statement that they are not known must be made.

 

11.05. Dismissal of Petition.
  1. Dismissal. Unless a continuance is granted pursuant to Subsection (b) or Section 13.03(e), a petition alleging that a juvenile has committed inappropriate behavior shall be dismissed with prejudice if a preliminary hearing is not held within:
    1. two (2) working days from the date the petition is filed if a juvenile is taken into custody; or
    2. twenty (20) working days from the date the petition is filed when a juvenile is not in custody or released to his/her parent, custodian or guardian.
  2. Continuance. Notwithstanding the time limitations specified in paragraph (a), above, the time for holding the preliminary hearing may be continued upon motion of the Presenting Officer if the custodial parent, guardian or custodian or other material evidence and/or witnesses are unavailable. The motion must include information regarding the nature of the material evidence presently unavailable and/or the names and addresses of unavailable persons or other witnesses. A continuance will be granted only upon a showing by the Presenting Officer that The/she has exercised due diligence in his/her attempt to secure the evidence and/or attendance of witnesses. If a proper showing of due diligence is not made, and the preliminary hearing is not held within the time period required in paragraph (a), the petition must be dismissed with prejudice. If a continuance is granted, the preliminary hearing must be held within five (5) calendar days from the date the petition was filed, if the juvenile was taken into custody, or within twenty (20) calendar days, if a juvenile is not in custody.

 

11.06. Notice and Service of Summons.

General. A party may be given notice of a proceeding in the Children's Court in any manner authorized by this Juvenile Code unless a party must be summoned as provided in Section 11.07.

 

11.07. Summons. Except as otherwise provided in this Code, the Children's Court shall direct the services of a summons in all proceedings in the Children's Court. That summons shall be issued and served on the: (1) juvenile, (2) parents, (3) guardian and (4) custodian with whom the juvenile resides if applicable, directing the person to appear with the juvenile for trial or other proceeding.

11.08. Contents of Summons. The summons shall direct the person to whom it is addressed to appear with the juvenile, at a time and place specified by the Court and must:

  1. identify the nature of the proceeding; and
  2. have a copy of the petition attached to the summons; and
  3. explain that the juvenile has a right to an attorney at his/her own expense and a right to a trial.
  4. comply with all applicable Tribal Court Rules of Civil Procedure.

11.09. Manner of Serving Summons. The Summons shall be served in a manner consistent with the Tribal Court Rules of Civil Procedure. See Chapter Two (2) of the Tribal Court Rules of Civil Procedure.

11.10. Time of Service.

  1. A summons shall be personally served or sent by mail at least:
    1. Twenty one (21) calendar days before adjudicatory hearing or dispositional hearing.
    2. Ten (10) calendar days before any other hearing, including preliminary hearings, except in the case of preliminary hearings following the juvenile's removal from the home which must comply with Sections 13.01 and 13.02(a)-(b).
  2. If service is by publication, the notice shall appear in a newspaper in the county where the party resides, if known, and if not, in the county where the action is pending. The published notice does not require publication of the petition but must appear one or more times fourteen (14) calendar days prior to the hearing, except in the case of preliminary hearings following the juvenile's removal from the home which must comply with Sections 13.01 and 13.02(a)-(b).

 


Section 12. Hearing

12.01 Notice of Hearing.

  1. Persons entitled to notice from the Court shall insure that the following persons are notified of each hearing:
    1. the parent(s);
    2. the juvenile;
    3. the attorney for the juvenile, if any;
    4. the legal guardian or custodian other than the parent(s), if any;
    5. the petitioner;
    6. the juvenile's tribe, if different from the petitioner;
    7. any other person the Court may direct to be notified.

12.02. General. Notice of hearing must be given in writing or in Court on the record at least fourteen (14) calendar days prior to the hearing unless otherwise provided in this Code.

12.03. Subpoenas. The attorney for a party or the Court on its own motion may cause a subpoena to be served on a person whose testimony or appearance is desired. It is not necessary to tender advance fees to the person served a subpoena in order to compel attendance.

12.04. Waiver of Notice. A person may waive notice of hearing or service of process. The waiver shall be in writing.

12.05. Subsequent Notices. After a party's first appearance before the Court, the notices of proceedings and pleadings shall be served on that party or, if the party has an attorney, on the attorney for the party, either personally or by ordinary mail.


Section 13. Preliminary Hearing.

13.01. Preliminary Hearing; Emergency Removal. A juvenile shall not be removed from the home unless The is a threat to himself and for the public safety of the community. If a juvenile is placed out of the home, reasonable efforts shall be made to notify the parents or extended family of the preliminary hearing following emergency removal as soon as the hearing is scheduled. The notice may be in person, in writing, on the record or by telephone. When a party fails to appear in response to a notice of hearing, the Court may order the party's appearance by summons or subpoena.

13.02. Time Period Within Which Preliminary Hearing Must be Held.

  1. Juvenile Released to Parent, Guardian or Custodian; Hearing Date. If the juvenile is taken into custody and released to the parent(s), guardian or custodian, the Court shall conduct a preliminary hearing within seven working (7) days after filing of the petition. See Section 11.05(a)(2). After the preliminary hearing is concluded, the Court may determine on its own motion, or based upon the recommendation of the CIT and the Court's acceptance, that a plan be developed for the juvenile, the petition shall be held in abeyance until the proceedings conclude or the petition is dismissed.
  2. Juvenile Taken into Custody for Out-of-home Placement; Hearing Date. If the juvenile is taken into custody and placed in out of home placement, the Court shall conduct a preliminary hearing within two (2) working days from the date the petition is filed. See Section 11.05(a)(1). After the preliminary hearing is concluded, the Court may determine on its own motion, or based upon the recommendation of the CIT
    and the Court's acceptance, that a plan be developed for the juvenile, the petition shall be held in abeyance until the proceedings conclude or the petition is dismissed.
  3. Juvenile not taken into custody. If the juvenile is not being detained for the alleged inappropriate behavior then the Court shall conduct a preliminary hearing within twenty (20) working days from the date the petition is filed. See Section 11. 05(a) (2). After the preliminary hearing is concluded, the petition shall be held in abeyance until the Court determines, on its own motion or by recommendation of the CIT. whether a plan can be developed for the juvenile.

 

13.03 Preliminary Hearing Procedures.

Purpose. At the Preliminary Hearing the Children's Court must determine:

  1. whether the juvenile and parent(s), and, if applicable, guardian or custodian of the juvenile have been notified of the hearing; and
  2. whether probable cause exists to believe that the juvenile committed the alleged inappropriate behavior; and
  3. whether the juvenile poses a substantial risk of harm to himself or the community; and
  4. whether the current placement is appropriate or it needs to be changed in compliance with Section 16 of this Code.
  5. If Parent, Guardian or Custodian are not present at the Preliminary Hearing. The Court shall determine if the juvenile's parent, guardian or custodian has been notified of the hearing in accordance with Section 12 of this Code. If the parent is not present, the Court shall make an inquiry into what efforts have been made to notify and to obtain the presence of the parent, guardian or custodian. If it appears that further efforts are likely to produce the juvenile's parent, guardian or custodian, the Court shall recess for not more than seventy-two (72) hours, excluding Saturdays, Sundays, and legal holidays, and direct the petitioner to make continued efforts to obtain the presence of the juvenile's parent, guardian or custodian. The preliminary hearing may be conducted in the parent's absence.
  6. The Court shall make a preliminary finding to determine whether the juvenile's interests are adequately represented by the parties to the proceeding and may appoint a guardian ad litem to represent the juvenile.
  7. g. Court Testimony. The Court shall hear testimony concerning:
    1. the circumstances that gave rise to the petition; and
    2. if the juvenile has been placed, the need for continued placement.
  8. Plea of Admission or No Contest. A juvenile may make a plea of admission or of no contest to the allegations contained in the petition, including an amended petition, which would establish the juvenile has committed the alleged offense. The plea may be taken at any time after the filing of the petition. Before accepting a plea of admission or plea of no contest, the Court must advise the juvenile on the
    record or in writing that is made a part of the record:
    1. of the allegations in the petition;
    2. of the right to an attorney at the juvenile's expense;
    3. that if the Court accepts the plea, the juvenile will give up rights to: a trial by judge, to have the petitioner prove the truth of allegations by a preponderance of the evidence, to have witnesses against him/her appear and testify under oath, to cross-examine witnesses against him/her, and have witnesses which might support his/her defense be subpoenaed to testify in Court; and
    4. of the consequences of the plea.
  9. The Court shall not accept a plea of admission or no contest until it satisfies itself that the allegations contained in the petition are supported and that the plea is knowingly, understandingly, and voluntarily made. Following acceptance and entry of a plea of admission or no contest, the Court shall schedule a disposition hearing in accordance with Section 17 of this Code.
  10. Petition Authorization. At the preliminary hearing, the Court shall decide whether to authorize the filing of the petition.
  11. No Probable Cause. If at the end of the preliminary hearing, probable cause to believe the juvenile has not committed the alleged inappropriate behavior, the petition shall be dismissed and the juvenile shall be released.
  12. Probable Cause. If the Court finds that probable cause exists to believe that the juvenile may have committed the alleged inappropriate behavior the Court:
    1. may hold the case in abeyance and request the CIT to develop an appropriate case plan for the juvenile.
    2. may refer the case to Peacemaking.
    3. May order the juvenile, parent, guardian or custodian to appear at an adjudication hearing (See Section 14) on a date and time set by the Court; and
    4. may release the juvenile to the custody of either of the juvenile's parents, guardian or custodian under such reasonable terms and conditions as are necessary for either physical, emotional or mental well being of the juvenile; or
    5. may order a placement of the juvenile, in the least restrictive environment and pursuant to the placement priorities in Section 16, with someone other than a parent, guardian or custodian if the Court, after hearing, determines that either of the following conditions exist:
      1. that the juvenile poses a substantial risk of harm to himself and the community; or
      2. if removal is necessary to safeguard the juvenile's health and welfare.
    6. May change the placement, where the juvenile has been removed from the home, and such placement does not comply with Section 16 of this Code.
  13. Medical or Psychological Exam. The Court may at any time after conducting a preliminary hearing at which probable cause to proceed upon a petition is found, order the juvenile to undergo a medical or psychological examination by a qualified professional.

Section 14. Adjudication Hearing.

14.01. Purpose. The Court shall conduct an Adjudication Hearing for the purpose of determining whether the juvenile committed inappropriate behavior.

14.02. Hearing. The Adjudication Hearing shall commence as soon as possible but not later than forty-five (45) calendar days after the petition is filed with the Court unless continued pursuant to Section 14.03.

14.03. Continuances. Continuances of an Adjudication Hearing may be granted by the Court but only:

  1. upon stipulation of the parties; or
  2. where process cannot be completed; or
  3. if the Court finds that the testimony of a presently unavailable witness is needed; or
  4. one time only for up to fourteen (14) calendar days at a parent's request for parents to obtain counsel; or
  5. Adjudication Hearing Adjourned if referred to CIT. If, after the filing of a petition, the judge refers the case to the CIT to develop a plan for the juvenile, the proceedings on the petition may be held in abeyance and the adjudication hearing adjourned until the informal proceedings conclude or the petition is dismissed.
  6. for good cause shown.


Section 15. Evidence

  1. Introduction of Evidence. In a proceeding on a petition a party may introduce evidence, confront and
    cross-examine witnesses and admit or deny allegations made in the petition.
  2. Admissibility. The Court may accept reports and other public records into evidence where such evidence is otherwise unavailable. All relevant evidence may be received or relied upon at the Court's discretion. The Court shall take into consideration, the case service plan and any report by an agency responsible for the care and supervision of the juvenile.
  3. Privilege. At the Disposition phase of the case, materials prepared pursuant to a Court ordered examination, interview or course of treatment can be received and used by the Court.

 


Section 16. Placement.

16.01. Least Restrictive Setting. If a juvenile cannot be returned to the custodial parent(s). custodian(s), or guardian(s), the juvenile shall be placed in the least restrictive setting which most approximates a family and in which the special needs, if any, maybe met. Consistent with the placement priorities described below, efforts shall be made to place the juvenile in a home or facility within the Michigan counties of Kent, Manistee, Lake, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford, or in other areas in which culturally appropriate services are available. Efforts shall also be made to place the juvenile in reasonable proximity to his/her home, taking into account any special needs of the juvenile.

16.02. Placement Priorities. A juvenile may be placed outside of the home of the custodial parent(s), custodian(s), or guardian(s), pending a Court hearing, according to the following in order of preference. Placement priorities may be deviated from by the Court based upon a finding of good cause that it is in the juvenile's best interest and: (1) give preference to the juvenile regarding his/her placement; and for (2) the Court finds that the home of the non-custodial biological parent listed in Subsections (b) and (c) is an appropriate placement.

  1. members of the juvenile's immediate or extended family, who are members of the Little River Band of Ottawa, Grand River Band of Ottawa or other Michigan Ottawa, Chippewa or Potawatomi Tribes; or
  2. members of the juvenile's immediate or extended family, who are members of a federally recognized or state historic tribe which is located outside of the State of Michigan, or who are members of a Canadian Indian tribe or Band; or
  3. other members of the juvenile's immediate or extended family; or
  4. an Indian family of the Little River Band of Ottawa Indians which is licensed by the State or a Tribe as a foster care home or an Indian Family otherwise authorized by law to provide care for the juvenile; or
  5. a facility operated by a licensed Indian child welfare services agency; or
  6. any other suitable placement that meets the standards established by the Tribal government.
  7. an approved juvenile detention facility.

 

16.03. Adult Detention Facility. A juvenile who is alleged to have committed a violent crime may be detained in a jail or other licensed detention facility used for the detention of adults only under exceptional circumstances, where a facility in Section 16.02(g) is unavailable or would not assure adequate supervision of the juvenile. Such detention must satisfy the following criteria:

  1. Detention: The detention of the juvenile must be in a cell separate from adults; and
  2. Supervision: Adequate supervision of the juvenile is provided twenty-four (24) hours a day; and
  3. Common Areas: The juvenile my not share common areas with adults.


Section 17. Disposition Hearing.

17.01. General. The Court shall hold a hearing and enter an order of disposition after considering the case service plan and other evidence offered at Disposition. The Court shall approve a case service plan and may enter such orders, as it considers necessary in the interest of the juvenile.

  1. Placement. If a juvenile has been found to have committed inappropriate behavior, the Court may make the following dispositions, consistent with the placement priorities and least restrictive environment described in Section 16.
    1. permit the juvenile to remain with the parent(s), guardian or custodian, subject to such conditions as the Court may prescribe;
    2. place the juvenile with a relative subject to such conditions as the Court may prescribe;
    3. place the juvenile in a group home, residential care facility or juvenile detention facility designated by the Court;
  2. Amendments to Orders. If a juvenile remains under the jurisdiction of the Court, an order may be amended or supplemented within the authority granted to the Court in this Code at any time as the Court considers necessary.

17.02. Proposed Case Plan.

  1. Alternative Dispositions Report. The Little River Band Family Services Department shall prepare a written report describing all reasonable and appropriate alternative dispositions, including reports from the CIT and the Indian Child Welfare Worker. The report shall contain a specific plan for the care of and assistance to the minor and/or the minor's parent(s), guardian or custodian designed to resolve the problems presented in the petition.
  2. Necessity and Benefits Findings. The report shall contain a detailed explanation of the necessity for the proposed disposition plan and its benefits to the minor.
  3. Placement Recommendations Requirements. If the report recommends placement of the juvenile somewhere other than with the juvenile's parent(s), guardian or custodian, it shall state the specific reasons underlying its placement recommendation, including any reason(s) for deviating from the placement priorities and least restrictive environment provisions as defined in Section 16 of this Code.
  4. Time Frame. A CIT member shall present the case plan to the Court at least three (3) calendar days before the disposition hearing.

 

17.03. Disposition Alternatives. If a juvenile has been found to be a juvenile offender, the Court may make the following disposition for any term until the juvenile reaches the age of eighteen (18) or the Court no longer has jurisdiction over the case.

  1. place the juvenile on probation subject to conditions set by the Court;
  2. order additional services that are necessary to rectify the conditions that caused the juvenile to commit the inappropriate behavior and continue to have problems.
  3. order additional actions to be taken by the juvenile, parent(s), guardian or custodian to rectify the conditions.
  4. Order the juvenile to perform community service work at the direction of the juvenile probation officer;
  5. order the juvenile to pay restitution, including costs related to detention, or to provide restitutive services to the injured party or parties.
  6. Order any other measure the Court deems necessary and proper to correct the behavior of the juvenile offender and to insure the safety of the community, where such measure is in the best interest of the juvenile and consistent with the philosophy and goals of this Code.

Section 18. Disposition Review Hearing.

18.01. Time Frame. The disposition Order is to be reviewed at the discretion of the Court but at least once every six (6) months.

18.02. Notice. Notice of the review hearing shall be provided on the record or by ordinary mail as provided in this Code.

18.03. Matter Subject to Review Hearing. At a review hearing the Court shall review on the record the compliance with the case service plan prepared and the previous orders of the Court including:

  1. services provided or offered to the juvenile and the parent(s), guardian or custodian and whether the juvenile, parent(s), guardian or custodian has complied with and the case service plan.

 

18.04. Action Following Review Hearing. After review of the case service plan, the Court shall determine the extent of progress made toward alleviating or mitigating the conditions that caused the juvenile to commit the inappropriate behavior. The Court may modify any part of the case plan.

18.05. Review Hearing Regarding Juvenile in Placement. At a review hearing, the Court shall determine the continuing necessity and appropriateness of the juvenile's placement and shall order the return of the juvenile to the custody of the parent(s), continue the disposition order, modify the disposition order or enter a new disposition order. If the juvenile remains in placement, the Court shall determine at the disposition hearing and at each review hearing whether the case should be reviewed before the next review hearing required under this section. In making this determination, the Court shall consider, but not be limited to, all of the following:

  1. whether there is a reasonable likelihood that the juvenile maybe returned to the home prior to the next review hearing required by this section.
  2. whether a placement which better meets the placement priorities described in Section 16 of this Code is available and in the best interests of the juvenile.

 

Agency Report. An agency report filed with the Court shall be accessible to all parties to the action and shall be offered into evidence.

18.06. Modification of Disposition Order. A disposition order of the Court may be modified, for good cause,
upon a showing of a change of circumstances. The Court may modify a disposition order at any time, upon
motion of the following:

  1. the juvenile;
  2. the juvenile's parent(s), guardian, or custodian;
  3. the Tribal Presenting Officer; or
  4. the Tribal Juvenile Probation Officer.
  5. If the modification involves a change of custody, the Court shall conduct a hearing to review its disposition order as follows:
  6. the Court shall review the performance of the juvenile and review the reports of the Presenting Officer and other persons providing assistance to the juvenile and the juvenile's family;
  7. if the request for review of disposition is based upon an alleged violation of a Court order, the Court shall not modify its disposition order unless it finds clear and convincing evidence of the violation.

Section 19. Authorization of Medical Treatment.

19.01. Conditions Under Which Court May Authorize Medical Treatment. At anytime the Court may authorize medical, psychological or surgical care for a Juvenile when:

  1. a physician informs the Court orally or in writing that in the physician's professional opinion, the life of the child would be greatly endangered without certain treatment; and
  2. a parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case; or
  3. the parent(s), guardian or custodian refuses or fails to consent.
  4. If time allows in a situation of this type, the Court shall cause every effort to be made to grant the parent(s), guardian or custodian an immediate informal hearing but this hearing shall not be allowed to further jeopardize the juvenile's life or health.
19.02. Authorization Types.
  1. Oral. Oral authorization by the Court is sufficient for care or treatment to be given and shall be accepted by any physician or hospital.
  2. Written. After entering any authorization under this Section, the Court shall reduce the circumstances, finding and authorization in writing and enter it in the records of the Court and shall cause a copy of the authorization to be given to the appropriate physician, hospital or both.


Section 20. Rehearing.

20.01. General. The Rules of Civil Procedure shall govern where they are not in conflict with this Code.

20.02. Time and Grounds. A party may seek a rehearing or new trial by filing a written motion stating the basis for the relief sought within twenty-eight (28) calendar days after the decision of disposition or supplemental disposition. The Court may entertain an untimely motion for good cause shown. A motion will not be considered unless a matter not previously presented to the Court which if true would cause the Court to reconsider the case.

20.03. Notice. All parties must be given notice of the motion in accordance with this Code.

20.04. Response. Any response by parties must be in writing and filed with the Court and opposing parties within five (5) calendar days after notice of the motion.

20.05. Procedure. The Judge may affirm, modify or vacate the decision previously made in whole or in part on the basis of the record, the memoranda prepared or a hearing on the motion whichever the Court in its discretion finds appropriate for the case.

20.06. Hearings. The Court need not hold a hearing before ruling on a motion. Any hearing conducted shall be in accordance with the rules for disposition hearings. The Court shall state the reasons for its decision on the motion on the record or in writing.

20.07. Stay. The Court may stay an- order pending a ruling on the motion.


Section 21. Children's Court Appeals.

21.01. General. Chapter Six (6) of the Tribal Court Rules of Civil Procedure shall govern where they are not in conflict with this Code.

21.02. Who can Appeal. Any party to a Children's Court hearing may appeal a final Children's Court order to the Little River Band Appellate Court.

21.03. Time Limit for Appeal. Any party seeking to appeal a final Children's Court order shall file a written notice of appeal with the Court within twenty-eight (28) calendar days of the final order.

21.04. Review Standard. The clearly erroneous standard shall be used in reviewing the findings of the Children's Court on appeal.

21.05. Record. For purposes of appeal, a record of proceedings shall be made available to the child, the parent(s), guardian or custodian, the juvenile's counsel and others upon Court order. The party seeking the appeal shall pay costs of obtaining this record.

21.06. Stay. A stay of execution of the judgment may be ordered either by the lower court or upon order of the appellate court if denied by the lower court.

End.

Juvenile Code
Ordinance # 99-900-02
Adopted - 9/28/99
Updated: June 6, 2001(10:36am)

Back to Table of Contents

 

 

Little River Band of Ottawa Indians Regulations

Updated - June 6, 2001

 

Chapter R100 - Government Operations

COMMITTEE PROCEDURES POLICY


Section 1. Purpose and Definitions

  1. Purpose. The Tribal Council shall establish Tribal Committees, as needed, in areas of governance and development. The Committees shall be composed of Tribal members and other interested persons who shall meet and discuss specific issues in order to provide information to the Tribal Council so that the Council can make better informed decisions that affect the Tribal community. In furtherance of this purpose, this Policy will provide rules for the organization, functions, responsibilities, and requirements of Tribal Committees.
  2. Definitions. As used in this Policy:
    1. Standing Committee. A Tribal Committee mandated or implied in the Little River Band of Ottawa Indians Constitution or so designated by the Tribal Council resolution. A Standing Committee's functions continue from year to year by virtue of continuing tasks and functions.
    2. Program Committee. A Tribal Committee that is authorized by Tribal Council resolution due to a state or federal grant or contract requirement. A Program Committee shall exist for the term of the underlying program's grant or contract.
    3. Ad Hoc Committee. A Tribal Committee authorized by the Tribal Council for a special or singular purpose that shall dissolve upon the solution of a specific problem or performance of a project. An Ad Hoc Committee shall exist only for as long as necessary to complete their assigned task, or as determined by Tribal Council resolution that created the Ad Hoc Committee.
    4. Staff Member. An Employee of the Little River Band Tribal Government.
    5. Staff Liaison. An Employee of the Little River Band Tribal Government whose employment is directly related to a Tribal Committee.
    6. Family Member. For purposes of this Policy, a family member is considered:
      1. any person who lives in the same household regardless of their relationship to each other, or
      2. any person who is related in the following manner: father, mother, child (brother or sister), grandparents, and great-grandparents.
    7. Committee Member. A voting member of the Committee.
    8. Management Team. The Management Team includes, but is not limited to, the Tribal Chairperson and staff who have supervisory responsibility.
    9. Subcommittee. A subcommittee is a part of the Committee that is selected to complete a task for the Committee. If the subcommittee is made up of non-Committee members, they do not have voting power.
    10. Commission. Contrary to Committees, Commissions may be vested with certain governing or regulatory powers and duties. Commissions are created and their authority is defined by Tribal Council Ordinance.


Section 2. Committee Composition

The purpose of a Committee is to provide specialized skills and input from members of the Little River Band of Ottawa Indians and other interested persons as designated by the Tribal Council when, and only when, there is a need for such input. To acquire diversified input and to ensure an effective Committee operation the following guidelines shall be met.

  1. Voting Members of Tribal Committees
    1. Each Committee shall have five voting members unless otherwise determined by Tribal Council.
    2. No Committee shall have more than two family members as voting members.
    3. Each Committee shall include at least two persons outside of the current service area (Manistee, Mason., Wexford, or Lake Counties).
  2. Non-Voting Members of Tribal Committees
    1. In addition to its voting members, the Committee Meetings shall be open to the public (unless otherwise exempted under Section 5B) and may include participants that are not members of the Little River Band of Ottawa Indians. None of these persons will have the ability to vote.
  3. Tribal Committee Positions
    1. Tribal Council Contact Person. The Tribal Council shall appoint one of its members as a contact person to each Committee.
    2. Staff Liaison. In addition to its five voting members, each Committee shall have one staff member
      who will be appointed by the Tribal Manager to be the staff liaison and participate in all Committee
      meetings, but will not have the ability to vote.

    3. Chairperson. Each Committee shall have a Chairperson who will be elected by the Committee.
    4. Secretary. Each Committee shall have a Secretary who will be elected by the Committee.
  4. Vacancies. The Chairperson will notify the Tribal Manager when a voting member of the Committee is no longer able to serve on it. Notice of vacancies must be advertised in the Tribal newsletter and by posting the notice in Tribal buildings. Candidates for the vacancies may be solicited by Committee Members or Tribal Council. No person may serve as a voting member of the Committee until such appointment is made by the Tribal Council.
  5. Removal. A Committee Member may be removed from a Committee for the following reasons:
    1. upon recommendation of the Committee and approval by Council after a Member has been absent more than two unexcused times; or
    2. for any violation of any section of this Policy.
  6. Appointments. Within 30 days after the Committee recommends a new voting member, the Council must decide whether to appoint or decline the recommendation. Members of all Committees shall serve for a period of two years, or until the Committee expires, whichever occurs first.


Section 3. Functions of Tribal Committees

  1. Work Plan and Budget. Tribal Committees shall work with the Management Team in order to develop and submit a written charter establishing a Work Plan which includes goals, objectives, projected dates of completion for those tasks, frequency of reports that are to be written and submitted to Tribal Council via the Management Team, frequency of meetings with Chairperson and Management Team, and a budget within 60 days of creation of the Committee. Upon its completion, the Work Plan will be submitted to Tribal Council for its approval. After final acceptance of these documents by the Council, copies shall be furnished to the Tribal Secretary, the program and the Tribal Manager. After the Committee Work Plan has been accepted and approved, the Committee shall not address any other issues than what is specified in the Work Plan without Tribal Council's approval. Failure to establish a Work Plan and Budget is grounds for removal of one or all of the voting Committee members.
  2. Requirements of Committee Meetings
    1. Quorum - A quorum is necessary in order for the Committee meeting to proceed. At least 3 out of the 5 voting members need to be present in order to hold the meeting.
    2. Proxy Voting - If a Committee decides that it wants to adopt voting by proxy, it will address it in their Work Plan. The suggested guidelines for proxy voting are as follows: if a voting Committee member is unable to attend a Committee meeting, that person will contact another voting member of that specific Committee and ask the person to vote on his/her behalf. If a person is absent 2 or more consecutive times and has not delegated his/her proxy to another voting member, then he/she may be removed from the Committee.
    3. Election and Term of Office - The Secretary and Chairperson shall be elected by a majority vote of the voting Committee members and shall serve for a period of two years. If the member is unable to serve the term another person will be elected to complete the remainder of the two year term. At any time during the appointment, the person can resign form the Secretary position and may continue to remain a member of the Committee. The Staff Liaison may be appointed to serve as the Committee Secretary. The Staff Liaison may decline the appointment if the person feels that she/he would be unable to fulfill the responsibilities of the position.
    4. Chairperson's Duties - Each Chairperson shall run the meetings in accordance with their Work Plan's rules of procedure and this Policy. Of the Chairperson is unable to attend, he/she shall ask a voting member (a person other than the Secretary) to conduct the meeting. The Chairperson will also be responsible to:
      1. to contact the Tribal Council contact person on a regular basis and keep the person informed about the meetings;
      2. to complete and present reports to the Management Team as determined by the Committee's Work Plan and the Tribal Council as necessary; and
      3. to sign all letters, reports and other Committee papers as required.
    5. Secretary's Duties - The Secretary of each Tribal Committee shall take the minutes of the meetings, regular, special and emergency in compliance with Exhibit "A" of this policy. The Secretary shall provide these minutes to each voting Committee member within seven days prior to their next meeting. At the beginning of the meeting, the previous meeting's minutes will be reviewed and changed, if necessary, and them approved by the voting Committee members. After these minutes have been approved, the Secretary shall provide a copy of the minutes to the Tribal Council and Management Team. The Secretary is also responsible for:
      1. posting all notices of Committee meetings to the public in conformity with Section 5A of this Policy;
      2. posting the approved Work Plan and Budget in the Tribal Office;
      3. being the custodian of the Committee records and filing them in compliance with Section 4E of this Policy; and
      4. keeping a list of the address and phone number or each Committee Member.
    6. Staff Liaison's Duties - The Staff Liaison will report to the Tribal Committee concerning the operations of the Department or Program, if applicable. The Staff Liaison does not have voting power on the Committee. The Committee can use the Staff Liaison's information in compiling data and other recommendations to Tribal Council.
    7. Reports - Committees shall submit approved meeting minutes and a written report to the Management Team two weeks prior to a Tribal Council meeting. The written reports will be generated as frequently as the Committee's Work Plan requires and shall identify issues, problems, recommendations, and activities, and explain how these topics relate tot he goals and objectives of the Work Plan. The Management Team will review these documents and schedule appropriate time for the discussion on the Council's agenda. If the Committee fails to submit this information to the Management Team in accordance with this rule, Tribal Council will not entertain discussion on the topic unless it deems it an emergency.
  3. Responsibility of Tribal Committees. Tribal Committees shall have only such responsibility as may be delegated to it in writing by the Tribal Council. Tribal Committees shall comply with all provisions of the Committees Procedures Policy unless specifically exempted in writing by the Tribal Council. Committees cannot obligate the Tribe, approve any type of spending on behalf of the Tribe or the Committee, or make policy or law unless authorized specifically in writing by the Tribal Council. The Tribal Committee will not exercise any supervision or provide directions to any Staff Liaison or other departmental or program staff, unless specified in the Work Plan and Budget. If the Committee is dissatisfied with the operations of the Department or Program, they must address their concerns in writing to the Management Team.
  4. Responsibility of the Tribal Council Contact Person. The Tribal Council contact person and Committee Chairperson are responsible to communicate with each other at least one time per month to discuss the general operation of the Committee meetings. The Tribal Council contact person has a duty to inform the Tribal Council of any problems that he/she feels need to be addressed by the Council.
  5. Filing. The Secretaries of each Tribal Committee and of the Tribal Council shall keep an individual file of each Committee which includes a chronological filing system of each Committee's Work Plan, minutes, and any other information that pertains to the Committee. All materials, including but not limited to, the Committee's Work Plan and minutes, are the property of the Tribe. Any person who has any of this property shall surrender it to the Tribe upon demand or face prosecution.


Section 4. Staff Participation

  1. Staff members whose work is directly related to the work of a Committee may be given release tome to attend Committee meetings during working hours, with the prior approval of their supervisor or the Tribal Manager.
  2. Staff members whose attendance is required by his supervisor to be at Committee meetings before or after work hours may accrue up to two hours of compensation time for each meeting attended. This allowance does not apply to staff who are voluntary members of Committees.
  3. Staff members are assigned by the Tribal Manager to serve as a Liaison and cannot be assigned to more than one Committee.
  4. Staff members cannot serve as voting member of more than one Committee.


Section 5. Open Meetings and Access to Records

  1. Committees shall publish a schedule of all regular meeting dates, times and locations in the Tribal newsletter and post this information in all Tribal buildings, sufficiently in advance to encourage attendance.
  2. Committee meetings and records shall be open to the public, except in matters involving Indian Child Welfare cases, personnel issues, legal cases or matters that my involve or result in litigation, or other matters of confidentiality.
  3. All records including, but not limited to, Committee meeting minutes and Work Plans are the property of the Tribe.
  4. Subject to any express limitations contained in the Little River Band of Ottawa Indians Constitution and the laws of the United States, members of the Tribe shall be provided access to review the records of Tribal Committees, including, but not limited to, meeting minutes, and the Work Plan and Budget, provided that such review shall be conducted during normal office hours.


Section 6. Spending Authority and Compensation for Committee Members

  1. Committee Members may receive stipends for attending regularly scheduled Committee meetings if authorized by Tribal Council.
  2. When travel is necessary for Committee Members in order to attend meetings or for Committee related training it must be approved in advance by the Tribal Manager. Members shall be compensated when authorized for per diem and mileage according to the Travel Policy adopted by the Tribal Council.
  3. At the discretion of the Tribal Council, a Tribal Committee may be allocated a budget. All expenditures must be made in accordance with the Committee's Work Plan and approved in advance by the Tribal Manager.


Exhibit A
Recording of Minutes


  1. Introduction. The actions taken by a Tribal Committee at its meeting - annual, regular, or special - are governed by Tribal law. The minutes of such meetings are the permanent record of the actions of the Tribal Committee, and for this reason, they should be made in such a way that they are legally sufficient and serve as a permanent reference for the Tribal Committee and for others concerned with such actions. The original copy of the these minutes should be bound in some form of permanent binding and maintained in compliance with the Committee Procedures Policy.
  2. Heading of Minutes. Minutes should be headed for ready reference and identification in capital letters and blocked in the upper right hand corner of each page. For example:
                                            COMMITTEE
    MINUTES OF FEBRUARY 23,1997.
  3. Opening Paragraphs.
    1. The opening paragraph of the minutes should reflect
      (1) the type of meeting,
      (2) the name of the Tribal Committee,
      (3) the date it was held,
      (4) the time of day it was held, and
      (5) the place it was held.

      For example:
      A regular meeting of the Committee was held on April 4,1997 at 1:00 p.m. at the Little River Band Office on River Street in Manistee.
    2. The opening paragraph should be followed by a statement showing the Committee members and other present at the meeting by listing all of the Committee members and their respective Committee titles, the members that are absent; and a list of all others who are present.
      For example:
      The meeting was called to order by Chairman Red, and the following Tribal Committee members were present: Secretary White, Committee Members Green, Brown and Yellow. Absent were: None. The following also were present: H.L. Back, Executive Director, and R.L. Purple, Tribal member.
  4. Approval of Minutes of Previous Meeting. The next step should be the recording of the reading by the members and approval of the minutes of the previous meeting. For example: The minutes of the previous meeting were read by Committee members and were approved without objection and placed on file as presented.
  5. Resolutions and Motions.
    1. After the preliminaries set forth above, the actual business of the meeting should be recorded.
    2. Taking minutes of the meeting should be simple and straight forward. A brief statement that explains the pros and cons of an issue should be placed in the meeting minutes followed by a vote on the issues unless a Committee member wants a specific opinion placed in the minutes, but in general this should be dissuaded. For example:
             Meeting Rules - Members discussed what types of rules to conduct meetings should be adopted. Several procedures, including Robert's Rules of Order were discussed. Concerns addressing the adoption of these rules included the need to adopt a native democratic procedure.
             After discussion, Committee Member white moved that the Resolution be adopted as introduced and read. The motion was seconded by Committee Member Green and on roll call it was adopted with the following vote:
             In favor: Committee Members Red, Brown, Green and White.
             Opposed: None.
             The Chairman thereupon declared the motion carried and the Resolution was adopted.

    3. In order to reduce the amount of typing required to prepare minutes, it is suggested that documents be incorporated in the minutes by reference and by attachment as appendices.
    4. Actions of the Tribal Committee requiring approval by the Tribal Council before the action becomes effective should be recorded by showing that the action does not become effective until it is approved by the Tribal Council. This may be done in one of several ways. The motion or resolution may be prefaced with the words "Upon approval by the Tribal Council," of if Tribal Council has previously approved of the suggested action and placed its approval in writing, then the minutes should reflect that the Tribal Committee had knowledge that such written approval by the Council had been given.
  6. Closing.
    a. Closing of the meeting may be recorded as follows:
    There being no further business to come before the meeting, it was moved, seconded, and carried that the meeting adjourn.
    The Chairman thereupon declared the meeting adjourned.


TRIBAL COUNCIL PROCEDURES

Removal Rules and Procedures: Appointed Boards, Committees and Commissions


Section 1. Purpose.

1.01. The purpose of these Removal Hearing Rules and Procedures is to set forth clear processes for receiving requests for removal of members of boards, committees and commissions by entities of the Little River Band of Ottawa Indians created by ordinance, resolution or motion of the Tribal Council.

1.02. The Tribal Council has determined that processes for hearing procedures must include notice and opportunity to be heard in accordance with the Constitution of the Little River Band of Ottawa Indians, Article III, sec. l (h and i).


Section 2. Findings.

The Tribal Council finds that:

2.01. The Tribal Council has a responsibility to promulgate rules of procedure for meetings of the Tribal Council under Article IV, sec. 6(e) of the Constitution of the Little River Band of Ottawa Indians.

2.02. In accordance with charters and ordinances duly adopted by the Tribal Council, the Tribal Council is required to act as a hearing body in the event a member of an appointed board, committee or commission of the Little River Band of Ottawa Indians is recommended for removal.

2.03. There is a need to develop and promulgate procedures which allow for notice and due process in regard to hearing procedures.


Section 3. Definitions.

For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3.01. Entity means a board, committee or commission of the Little River Band of Ottawa Indians which is created by the Tribal Council and whose members are appointed by the Tribal Council. This term does not include the Election Board.

3.02. Removal hearing means a meeting of the Tribal Council during which the member being requested to be removed and the entity requesting removal present the evidence and testimony regarding the matter to the Tribal Council.

3.03. Member means the individual holding an appointed position on an entity for which a request for removal has been presented.


Section 4. Actions by Entity.

4.01. Action. An entity may request a member be removed only by approval of a motion adopting a resolution or memorandum outlining the reasons for removal with specificity. The action shall be by two-thirds vote of the members of the entity present at a meeting during which a quorum is present.

4.02. Resolution or Memorandum. A resolution or memorandum requesting removal of a member shall be forwarded to all members of the entity at least five days prior to the meeting of the entity and shall set forth the allegations calling for removal with specificity such that the member has received notice of the action being taken against him or her.

4.03. Author. All resolutions or memorandum requesting removal must be authored by a member or members of the entity.


Section 5. Hearing Date.

5.01. Determination. The Tribal Council, upon receipt of a request for removal, shall determine on the evidence and allegations presented whether a removal hearing is required. A motion to accept or reject a request for removal shall be made and adopted by majority vote of the Tribal Council members present at a meeting where a quorum is met.

5.02. Date Selection. The Tribal Council may determine the removal hearing date at a meeting following receipt of a request for removal. The meeting may be a regular, special or emergency meeting called for the purpose of selecting the removal hearing date. Provided that, if time allows at the meeting during which the request for removal was presented, the Tribal Council may select the removal hearing date at that meeting. The removal hearing date shall be set by motion, which shall include the date, time and place of the removal hearing, and shall identify that this is a special meeting of the Tribal Council with no other items on the agenda.

5.03. Time. The Tribal Council should allow for sufficient scheduled time to complete the removal hearing in a single meeting. Provided that, in the interests of due process, additional time may be granted to either the entity or the member being removed to allow for the presentation of additional materials which were not readily or reasonably available prior to the hearing. In no case shall additional evidence or material be presented after completion of the hearing.

5.04. Agenda. The Tribal Council shall title the agenda as - "Tribal Council Special Meeting Agenda: Removal Hearing Regarding [Name of Entity]." There shall be no other items placed on the agenda of a removal hearing meeting.

5.05. Conflict of Interest. Each Tribal Council member shall identify whether he or she has a conflict of interest as defined in Article IV, section 6(f)(2) of the Constitution and a vote on whether the conflict of interest will preclude the Tribal Council member from voting on the removal request shall be conducted as set forth in Article IV, section 6(f)(4) of the Constitution.


Section 6. Notice.

6.01. General. Notice shall be defined as a document signed by the Tribal Council Speaker which contains the following elements as minimum criteria:

  1. Name of member being requested to be removed;
  2. Name of entity requesting the Tribal Council to take removal action;
  3. Date identified for the removal hearing, which shall include both time and place of the removal hearing;
  4. Identification of representatives of the Tribal Council and the entity to which documents or correspondence can be delivered; and
  5. Copy of the request for removal, whether by resolution or memorandum, outlining the reasons for removal which is signed by either the members of the entity or certified by the member of the entity acting as secretary and/or chairperson.

6.02. Delivery of Notice. Notice shall be delivered to the last known address of the member at least ten days prior to the removal hearing. Notice may be delivered by any of the following methods, provided that delivery by hand or certified mail is preferred.

  1. Hand delivery with signed receipt to the member or an individual who is part of the immediate family of the member provided that the family member is age 18 or over;
  2. Certified mail, return receipt requested; or
  3. Posting in the Tribal newspaper or newsletter stating the place and times such notice can be picked up by a member in the event no address or forwarding address is available for the member. Provided that, in no event shall such notice state any information other than -
    "This is legal notice of a hearing scheduled regarding [entity name] and [member's name] which requires both parties to appear at [date, time and place]. [Member's name] can pick up official notice of this hearing by appearing at [address] between [set time]."

    This notice must appear in the Tribal newspaper or newsletter, in the advertisement section, if any, and contain the title "Legal Notice of Hearing" in bold and capital letters fourteen (14) days prior to any scheduled hearing. Posting in the Tribal newspaper or newsletter shall be considered only after attempts have been made to hand deliver or mail notice certified mail, return receipt requested.

6.03. Legal Counsel. Both the entity and the member being requested for removal may have legal counsel present, provided that costs of legal counsel shall be the responsibility of the entity or member.

6.04. Representatives. The following representatives shall be identified prior to the removal hearing.

  1. The Tribal Council shall select from among themselves a member to act as the representative of the Tribal Council for the purposes of receiving verification of notice, evidence submitted by the parties, and any other documents specifically related to the removal hearing.
  2. The entity shall notify the Tribal Council of the member of the entity selected to be the representative for the entity, for the purposes of receiving verification of notice, evidence submitted by the parties, and any other documents specifically related to the removal hearing. The representative of the entity shall also have the responsibility for presentation of allegations and witnesses during the removal hearing unless legal counsel is identified.


Section 7. Hearing Procedures.

7.01. Closed Hearing. A removal hearing shall be considered at a closed meeting of the Tribal Council unless specifically requested otherwise by the member being removed. Such request for an open meeting shall be made in writing by the member to Tribal Council.

7.02. Presentations. The removal hearing shall begin by the Tribal Council representative reading the following notice.
        The Tribal Council is called into a special meeting to hear the allegations regarding a request for removal presented by [name of entity] on [date] at a Tribal Council meeting to remove [name] as a member of [name of entity]. The Tribal Council members present this day are [list names] and
       either - the following Tribal Council members are excused from this meeting as a result of conflict of interest - [names].
       or - there are no Tribal Council members excused from this meeting as a result of a conflict of interest.
       The Tribal Council shall hear the allegations, receive evidence and testimony from the representative of the [name of entity]. The Tribal Council shall then receive evidence and testimony from [name]. During all presentations, the Tribal Council shall be free, by any of its members, to ask questions. There shall be no rebuttal or response time allowed, unless in the interests of due process and justice such rebuttal or response is deemed necessary by the Tribal Council.
       This hearing shall be recorded, and all persons giving testimony, and Tribal Council members asking questions, shall pause, or repeat his or her questions and/or answers in the event the tape recording is being switched or another tape is being inserted.
       Tribal Council members, representatives, members of entities, witnesses, and all other persons are hereby directed to hold all comments during this hearing and request permission of the Tribal Council Speaker prior to asking or responding to questions.

7.03. Testimony. The testimony and evidence presented at the removal hearing shall be presented first by the entity requesting removal and then followed by the member. There shall be no rebuttal or response time allowed, unless in the interests of due process and justice such rebuttal or response is deemed necessary by the Tribal Council.

7.04. Evidence. All evidence shall be submitted to the Tribal Council representative.

  1. Submission prior to meeting. If evidence is submitted prior to the removal hearing, the Tribal Council representative shall have copies available for each member of the Tribal Council, the representative for the entity, and the member. The originals of such prior submitted evidence shall be considered a part of the official record.
  2. Submission at removal hearing. If evidence is submitted at the removal hearing the party submitting such evidence shall submit:
    1. An original and nine (9) copies for the Tribal Council;
    2. A copy for the representative of the entity; and
    3. A copy for the member.

    Such submission shall be made to the Tribal Council representative prior to discussion regarding the evidence, and all parties will make every attempt to have evidence submitted at the beginning of the removal hearing.

7.05. Witnesses. The representative for the entity and the member shall submit, at the beginning of the removal hearing, a list of witnesses that are intended to be presented. Provided that, in the interests of due process and justice, the Tribal Council may determine that additional witnesses can or should be called after submission of the witness list.


Section 8. Findings and Decision

8.01. Deliberations. The deliberations of the Tribal Council shall be in closed session and shall not be recorded. The Tribal Council shall have ten (10) calendar days after completion of the removal hearing to complete deliberations and file a written decision.

8.02. Decision. The Tribal Council shall file a written decision which shall contain the following minimum information.

  1. Title, which includes - "Tribal Council Special Meeting: Removal Hearing Regarding [name of entity] held on [date] - Decision."
  2. Facts set forth with sufficient specificity so as to identify the allegations, evidence, and determination of the Tribal Council regarding the validity of the allegations.
  3. Decision of the Tribal Council which states clearly the decision to remove or to not remove a member,
  4. The decision shall indicate the votes of each Tribal Council member by signature and either a separation into votes for and against removal, or by indication of such motion next to each signature. Provided that, a notation regarding any Tribal Council member who has been excused under section 5.05 be included.

8.03. Filing and Presentation of Decision. The decision shall be considered filed when received by the Tribal Council representative. Upon receipt, the Tribal Council representative shall mail by certified return receipt requested service, a copy of the decision to the member and the representative of the entity.


Section 9. Vote.

The Tribal Council shall be required to pass any decision to remove a member of an entity by two thirds vote of the Tribal Council members, not including those members who have been excused under section 5.05.


Section 10. Temporary Removal.

10.01. Temporary Removal. The Tribal Council may, at the request of an entity or upon its own motion, remove a member of the entity immediately on a temporary basis should evidence identify that this action is required to protect the health, safety, property or business interests of the Little River Band, entity, membership or community.

10.02. Request Requirements. A request for temporary removal must be made as a part of a request for removal, or upon motion of the Tribal Council, and shall be at the sole determination of the Tribal Council on the basis of the information submitted.

10.03. Voting. The Tribal Council must pass a motion identifying the reasons why immediate temporary removal is necessary by a two-thirds vote of the members present.

10.04. Notice, No Removal Hearing Date Set. The Tribal Council shall mail notice to the member being immediately and temporarily removed which contains the following minimum information:

  1. Date and type of meeting during which the action of the Tribal Council directing immediate and temporary removal was taken, i.e. regular, special or emergency meeting.
  2. List or other summary of the reasons for taking the action.
  3. Notice that the Tribal Council will be setting the date, time, and place of the removal hearing at a subsequent meeting and shall forward notice as identified in section 6.

10.05. Notice, Removal Hearing Date Set. In the event that the Tribal Council sets the removal hearing date at the meeting during which immediate and temporary removal action was taken, notice as set forth in section 6 shall be forwarded which shall also include the following statement: The Tribal Council, on [date], received a request for removal regarding your membership on [entity name] and has taken action on that date to direct your immediate and temporary removal from membership on [entity name].


Tribal Council Procedures: Removal Rules and Procedures: Boards, Committees and Commissions
Ordinance # 00-100-04
November 16, 2000 - Final Draft for Approval
Updated: June 6, 2001(10:14am)

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Chapter R200 - Membership; Election

GENERAL ELECTION OF TRIBAL OFFICIALS

Section 1. Authority

Pursuant to Article X of the Tribal Constitution, the Little River Band of Ottawa Indians Election Board hereby publishes the Rules and Regulations it deems necessary for the General Election of Tribal Officials, as adopted January 16, 2001.


Section 2. General Elections

       There shall be a biennial spring election designated as the General Election held in every odd numbered year on the last Friday of April, unless otherwise scheduled by the Election Board, for the general election of Tribal Officials. Special elections to full vacancies in tribal offices or for the submission of any questions or initiatives to the registered voters of the Tribe shall be held as separately scheduled by the Election Board.

       Only qualified tribal members who have been duly registered as tribal voters by the Election Board may cast ballots in tribal General Elections. All General Elections shall be conducted entirely by secret mail ballot, unless otherwise provided for by the Election Board. The homes of registered voters are designated as polls' for voting purposes, as provided in Article IX, Section 3(b) of the Tribal Constitution.


Section 3. Voting Districts

There shall be two (2) voting districts:

  1. Nine County: That area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Ottawa, and Wexford Counties, in the State of Michigan.
  2. Outlying District: That area lying outside the are constituting the Nine County District.


Section 4. Elected Officials

  1. Tribal Ogema: The Tribal Ogema shall be elected to a four (4) year term at every other General Election, beginning in April 2003.
  2. Tribal Council. Tribal Council members shall be elected to staggered four (4) year terms, according to the expiration of their terms from the first tribal election, in the following manner:
    1. Nine County District: Three (3) of the six (6) positions elected by the tribal voters registered in the Nine County District shall be elected every other General Election, beginning in April of 2001. The remaining three (3) positions shall be elected at every other General Election, beginning in April of 2003.
    2. Outlying District: The one (1) position elected by the tribal voters registered in the Outlying District shall be elected at every other General Election, beginning in April of 2001.
    3. At Large: One (1) of the two (2) positions elected by the registered tribal voters from both voting districts shall be elected at every other General Election, beginning in April of 2001 . The remaining one (1) position shall be elected at every other General Election, beginning in April of 2003.

 


Section 5. Qualifications for Office

  1. Tribal Ogema: Any member of the Tribe who is twenty-five (25) years of age or older, who has resided within the Nine County District for at least six (6) months prior to the date of the next scheduled General Election may serve as Tribal Ogema.
  2. Tribal Council: Any member of the Tribe who is twenty-one (21) years of age or older, who has resided within the State of Michigan for at least six (6) months prior to the date of the next scheduled General Election may serve on the Tribal Council.


Section 6. Election Announcement

At least ninety (90) days prior to the date of a General Election, the Election Board shall prepare and post at each Tribal Office, and arrange to publish in the Tribal newsletter, an election announcement setting out the date of the election, the manner in which the vote is to be taken (mail/polling places/absentee ballots), the offices to be elected, the procedure for establishing candidacy, and the time limits et for each stage of the election process. The Board may include in the announcement any other items it deems advisable to further the election process, including voter registration information.


Section 7. Declaration of Candidacy

       Any qualified tribal member who seeks to run for an elected tribal office shall file with the Election Board at least sixty (60) days prior to the date of the next scheduled General Election, a Declaration of Candidacy, certifying that he or she meets all of the requirements to be a candidate. The Election Board will provide forms for that purpose and shall verify the qualifications of all candidates. No tribal member may be a candidate for Tribal Ogema and Tribal Council at the same time. At the close of the declaration period, the Board will certify the slate of candidates for the General Election.

       Along with the Declaration of Candidacy, each candidate must file with the Election Board a brief biographical statement and a summary of his or her reasons for seeking a tribal office. The Board may request further information from candidates to include in election programs it conducts.

       Only names of verified declared candidates shall appear on the election ballots. Only verified declared candidates may participate in any candidate information bulletin or public forum conducted by the Election Board. All candidates, declared or undeclared, shall be subject to the jurisdiction of the Election Board and its Rules and Regulations.


Section 8. Prohibited Campaigning

       No campaigning shall take place in any of the Tribal offices, Tribal buildings, Tribal enterprises, or on any Tribal grounds adjacent thereto.

       No campaign signs may be posted or erected on any Tribal property, except for signs on residential property with the owner/tenant's permission.

       The term "campaigning" means an activity that is part of any organized efforts to solicit support for the election of; or in opposition to, specific candidates for office. Campaign activities in support of; or in opposition to, specific candidates include: soliciting or making contributions, distribution of campaign literature or signs, canvassing (in person, by phone, or by other means), and organizing/holding meetings or gatherings. Campaigning does not include actions by which a person merely expresses his or her support for a candidate (s) verbally or by wearing a button or by placing a sign or sticker on his or her property.


Section 9. Campaign Financing

       A candidate may solicit and accept funds or other contributions for his or her campaign provided that:

  1. Only individuals may make contributions to campaigns.
  2. No contributions from non-Tribal members may be solicited or accepted unless received from members of the candidate's immediate family (parent, stepparent, spouse, sibling, stepsibling, child, or other person residing in the same household). Funds received from such family members may not be derived form other people or organizations.
  3. A record of all contributions is kept. Such record must identify the person making the contribution, the date received, and the amount or type of contribution made.
       Each candidate shall be responsible for the control and recording of the financial activities of his or her campaign, including the activities of other tribal members campaigning on his or her behalf.

       Within five (5) business days following the date of a General Election, each candidate shall report to the Election Board all campaign contributions received and expenditures made on his or her behalf. Such report shall include all individual contributions, listing the name and address of each person making a contribution and the amount contributed. The failure of a candidate to file the report within the time required will result in a fine of $15.00 per day.

       Contribution means the donation of money or in-kind donation of a person's efforts or services (1) personal or professional) in support of a particular candidate or candidates.


Section 10. Election Disputes

       Campaign violation matters and election disputes filed with the Election Board, except for election challenges as provided in Section 15 of these Rules and Regulations, will be investigated and decided in such formal or informal proceedings as the Board deems appropriate, with a view to avoiding undue delay or interference with the timeliness of the election process.


Section 11. Election Ballots

       The Election Board shall prepare and mail official election ballots to registered tribal voters at least forty-five (45) days prior to the date of the scheduled General Election. Such ballots shall contain the instructions as to the method of voting. Ballots not completed in accordance with such instructions will be counted as spoiled.

       Ballots shall be prepared in such manner that the registered voters may write, print or paste the name of a candidate thereon. An incumbent designation shall be printed on the ballots under the printed names of each candidate who is running for election to the office he or she then holds. Ballots other than the official ballots shall not be used, cast or counted in any election.

       To be counted, completed ballots must be returned by mail and received by the Election Board at its post office address prior to 12:00 Noon on election day.


Section 12. Voting

       Each registered voter shall be entitled to case one (1) vote for each vacancy on the Tribal Council for the district in which such voter resides and one (1) vote for the at large vacancy on the Tribal Council. No more that one (1) vote per candidate may be cast. Each registered voter shall be entitled to case one (1) vote for a candidate for the office of Tribal Ogema.

       Each registered voter shall vote by ballot by marking the square at the left of the names of those candidates for whom the voter desires to vote, but in no case for more candidates for any office than is indicated under the title of each office. A voter may, however, cast a write-in vote for a qualified tribal member whose name is not printed on the ballot.


Section 13. Election Results

       As soon as practicable after the close of the General Election, the Election Board shall perform a count of the ballots and certify the results. Candidates for tribal office may choose a representative to be present when the election ballots are counted.

       The Tribal Ogema shall be the candidate seeking office who receives a majority of the tribal votes case for that position. If no one (1) candidate receives a majority of the votes cast, a run-off election shall be held between the two (2) candidates who received the highest number of votes.

       For each voting district, the Tribal Council candidate(s) receiving the highest number of votes shall be electe