Updated - June 6, 2001
Chapter R700 - Programs - Reserved
Chapter R800 - Reserved
Chapter R900 - Family - Reserved
Updated - June 6, 2001
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.
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.
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.
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.
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.
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.
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.
7.01. This ordinance, as amended, shall take immediate
effect after the date of its enactment.
Tribal Seal Ordinance
Recodified and Amended - May 27,1999
Updated : June 6, 2001(10:36am)
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.
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
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.
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.
4.01. Regular Council Meetings.
4.02. Special Council Meetings.
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.
Section 5. Conduct of Tribal Council Meeting
5.01. Setting the Agenda for Regular Meetings.
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.
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.
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:
6.03. Action by Resolution. Under the following circumstances, resolutions are either required or appropriate:
6.04. Form of Resolution. Every formal resolution of the Tribal Council shall include the following information:
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.
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.
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:
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
9.04. Content of Minutes. Each vote of the Tribal Council shall be recorded in the minutes, which shall include the following information:
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.
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)
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.
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.
3 .01. The fiscal year shall be January 1 through December 31.
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:
4.02. Timing of Allocations.
4.03. Re-allocation of Unexpended Funds.
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.
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:
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.
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:
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.
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:
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.
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:
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.
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:
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).
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.
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:
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:
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.
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:
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.
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.
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.
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.
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
Revenue Allocation Ordinance
Ordnance # O 1-100-03
Adopted - March 21, 2001
Updated: June 6, 2001(10:36am)
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.
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.
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).
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:
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:
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.
4.10. Administration of the Tribal Budget.
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.
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)
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 -
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.
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.
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.
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.
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)
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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.
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:
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.
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:
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.
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:
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:
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.
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.
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.
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:
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:
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.
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.
9.03. Assuring Integrity of Records.
9.04. Conduct of Employees.
9.05. Disclosure of Records.
9.06. Accounting for Disclosures.
9.07. Requests for Access to Records.
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.
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.
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.
Amended - January 31, 2001 Updated: June 6, 2001(10:36am)
Ordinance # 98-200-02
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.
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.
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.
3.04. Vacancies. A vacancy on the Election Board resulting from resignation, disqualification or removal shall be filled as follows:
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:
It shall be cause for removal from the Election Board if any member violates this section.
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:
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.
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.
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:
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:
5.06. Campaign Financing by Candidates. A candidate may solicit funds or other contributions for his/her campaign provided:
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.
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)
Ordinance No. 98-200-04
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.
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
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.
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".
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.
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
(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.
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.
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.
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.
8.03. Termination of Power of Attorney.
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.
8.07. Release of Funds to Incarcerated Individual Upon Release from Confinement or Termination of Power
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.
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.
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)
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Ordinance # 97-300-01
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.
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.
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:
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.
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:
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.
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.
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.
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:
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.
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.
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.
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.
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.
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:
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.
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)
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:
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.
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.
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 -
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.
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.
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.
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.
8.04. Modification or Correction of 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:
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.
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.
Ordinance # 01-300-02
Adopted - April 4, 2001
Amended - April 25, 2001
Updated: June 6, 2001(10:36am)
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Ordinance # 97-400-01
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.
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:
1.08. 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:
1.17. 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:
1.25. Principal. Principal shall mean those persons having a direct or indirect financial interest in a management contract:
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.
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.
4.01. Number of Gaming
Commissioners. The Gaming Commission shall be comprised of five (5) Gaming
4.02. Appointment of Gaming Commissioners. The members of the Gaming Commission shall be appointed by the Tribal Council as follows:
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:
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
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.
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.
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:
6.02. Additional Powers and Duties.
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.
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.
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.
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:
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:
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.
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:
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:
11.05. Gaming Facility License Application Procedures.
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.
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:
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.
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:
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.
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:
13.02. Application Forms - Notices.
"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."
"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:
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:
13.07. Action on Applications for Nongaming Employee Work Permits, Gaming Employee License, and Gaming Service Contractor License.
13.08. Action on Applications for Management
Contractor, Primary Management Official and Key Employee
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.
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.
14.03. Revocation of Gaming License.
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:
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.
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.
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.
Ordinance # 97-400-01
Amended - March 25,1999
December 12, 2000
Updated: June 6, 2001(10:36am)
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:
1.04. 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.
1.07. 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.
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
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.
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:
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:
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:
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:
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.
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:
4.02. Initiation of Suspension or Revocation Proceedings.
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.
Section 5. Sovereign Immunity; Appeals.
5.01. Sovereign Immunity.
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
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:
1.04. Incorporation of Code of Federal Regulations,
25 C.F.R. Part 11, Subparts C and D by Reference.
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.
1.08. 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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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:
The Commissioner shall have the following powers and authorities:
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)
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.
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
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:
1.07. 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
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.
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:
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.
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
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.
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.
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.
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.
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.
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.
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
8.02. Methods and Gear Restrictions.
8.03. Restrictions. It shall be unlawful to:
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.
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.
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.
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:
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:
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)
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:
Establishing Interim Land use Restrictions for Tribal
Lands, Designating Certain Tribal Lands as "Closed" to Nonmember Use,
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
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
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
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.
Reprinted Oct. 15,1998Introduction
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.
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.
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.
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.
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.
All policies and procedures in this document apply to all classified Tribal positions. The classified service shall include all positions except those listed below:
Reprinted June 22,1999
Recruitment, Selection and Appointment
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.
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.
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:
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.
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:
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.
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.
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
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.
4. Basic Steps in the Suitability Adjudication
7. Adjudicative Process
8. Due Process Guidelines
(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.
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.
The following definitions describe the various categories of employment with the LRBOI included in each category is an identification of benefits eligibility.
Reprinted October 15,1998Personnel Administration and Development
3.1. Personnel Records
All employee's shall have an official personnel file
containing such items as:
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.
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:
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.
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.
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:
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.
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:
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.
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:
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.
Reprinted Oct. 15,1998
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.
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:
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.
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:
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.
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|
|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.
Cost-of-living increases that alter the Job Classification Plan may be made only by the Tribal Council.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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|
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.
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:
Regular full-time and regular part-time employees who work less than 40 hours per week will receive annual leave on a prorated basis.
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:
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
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.
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.
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:
|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.
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.
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.
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.
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.
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:
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.
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.
Amended April 24, 2000
Separations from Employment & Disciplinary Actions
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:
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.
Resignations are accepted upon submission in writing to
the immediate supervisor.
In order to resign in good standing the Tribe expects employees to:
In order to be considered for future rehire, former employees must have resigned in good standing during their previous employment with the Tribe.
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.
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:
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
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.
Reprinted October 15,1998
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
Reasonable Suspicion Testing; Grounds. Drug testing of any employee may be required when one or more of the following exists:
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
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.
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:
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.
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.
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;
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
Chapter 2 Recruitment, Selection and Appointment
Chapter 7 Separations from Employment, sections 7.1 through 7.4 adopted at Tribal Council Meeting of
Chapter 8 Grievance Procedure adopted at Tribal Council Meeting of April 13,1997
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
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
|0% (no increase)
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.
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).
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:
$6.72 - $8.73
($13,978 - $18,158)
$8.79 - $11.43
($18,283 - $23,774)
($25,813 - $33,571)
$15.52 - $20.17
($32,282 - $41,954)
These amounts listed are after the COLA was added to all levels. (Effective September 1,1999)
Purchasing Policies and Procedures
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.
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:
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
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.
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.
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.
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:
The following items are optional (but recommended):
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.
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:
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
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.
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:
Explanations for Types of Travel
Ordinance # ##-600-01
Updated: June 6, 2001(10:36am)
Back to Table of Contents
HOUSING COMMISSION ORDINANCE
Ordinance # 96-700-01
(Recodified and amended: January 1, 1999)
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.
2.01. Declaration of Need. It is hereby
2.02. Purposes. The Commission shall be organized and operated for the purposes of:
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:
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.
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.
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:
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.
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:
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:
6.05. Obligations shall be issued and sold in the following manner:
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:
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:
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).
8.01. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribe hereby agrees that:
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
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
Adopted - November 10,1996
Amended - December 8,1996
Recodified and Amended - January 10,1999
Updated: June 6, 2001(10:36am)
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").
The Tribal Council of the Little River Band of Ottawa
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.
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.
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.
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:
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.
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.
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.
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.
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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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 -
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.
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.
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.
5.01. Terms. The following terms in the UCC shall be substituted in the Tribal UCC:
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
Tribal Uniform Commercial Code
Adopted - April 4, 2001
Updated: June 6, 2001(10:36am)
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(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:
2.01. As used in this Code:
(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
(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.
3.03. Subject Matter Jurisdiction. The Children's Court has original jurisdiction of the following proceedings:
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:
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:
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.
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.
Section 4. Children's Court Personnel.
4.01. Children's Court Judge.
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.
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.
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:
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.
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:
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.
6.04. Other Duties of the Child Protection Team. The Child Protection Team may be assigned the following duties:
6.03. Facilitating Services. The Child Protection Team may also provide assistance by facilitating the provision of services to families by:
The Child Protection Team may also provide technical assistance to the Binojeeuk Commission and Family Services Department in the following areas:
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:
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.
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:
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.
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:
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.
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:
10.03. Emergency Removal without a Court Order.
10.04. Notice of Removal.
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.
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:
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:
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.
12.01. Authorization to File Petition.
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:
12.04. Filing and Dismissal of Petition.
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:
13.05 Time of service.
13.06. Notice of Hearing.
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:
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:
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.
15.02. Preliminary Hearing Procedures.
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:
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.
16.06. 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.
17.01. Purpose. A Disposition Hearing is conducted to determine measures to be taken by the Court with respect to:
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.
17.05. Disposition Orders.
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:
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:
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:
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.
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:
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:
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
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.
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:
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:
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.
22.03. Grounds. The Court may appoint a guardian for a child if either of the following circumstances exist:
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
22.06. Contents of Guardianship Petition.
22.07. Guardianship Report.
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:
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
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:
22.11. Guardianship of Property.
22.12. Annual Reports and Review Hearings.
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.
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:
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:
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
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.
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:
24.02. Petition. An emancipation may also occur by Court order pursuant to a petition filed by a minor with the Children's Court.
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:
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.
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:
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.
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.
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.
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.
29.02. Foster Home Requirements.
29.03. The Foster Family.
29.04. The Foster Child.
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.
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.
Ordinance # 98-900-01
Adopted - June 8,1998
Updated: June 6, 2001(10:36am)
Ordinance # 99-900-02
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.
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.
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:
Section 4. Components and Process.
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.
Section 5. Definition
5.01. As used in this Code:
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:
6.06. CIT Facilitating Services. The CIT shall also provide assistance to families by:
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.
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.
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:
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.
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.
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:
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:
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:
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.
11.04. Contents of Petition. The petition shall set forth the following with specificity:
11.05. Dismissal of Petition.
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:
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
11.10. Time of Service.
Section 12. Hearing
12.01 Notice of Hearing.
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.
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.
13.03 Preliminary Hearing Procedures.
Purpose. At the Preliminary Hearing the
Children's Court must determine:
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:
Section 15. Evidence
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.
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:
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.
17.02. Proposed Case Plan.
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.
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:
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:
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:
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:
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.
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.
Ordinance # 99-900-02
Adopted - 9/28/99
Updated: June 6, 2001(10:36am)
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Updated - June 6, 2001
COMMITTEE PROCEDURES POLICY
Section 1. Purpose and Definitions
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.
Section 3. Functions of Tribal Committees
Section 4. Staff Participation
Section 5. Open Meetings and Access to Records
Section 6. Spending Authority and Compensation for Committee Members
Recording of Minutes
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.
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.
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.
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
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
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:
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.
"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.
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.
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.
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:
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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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:
Section 4. Elected Officials
Section 5. Qualifications for Office
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:
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