WHEREAS, the Mashantucket Pequot Tribe [hereinafter the Tribe] has jurisdiction over the civil claims that arise on the Mashantucket Pequot Indian Reservation [hereinafter the Reservation]. This jurisdiction extends to claims involving non-members of the Tribe as well as to members of the Tribe. The Tribe also has criminal jurisdiction over Indians who commit crimes on the Reservation; and

WHEREAS, the Tribe has determined that it is necessary to establish a Tribal Court to adjudicate civil disputes that arise on the Reservation involving all persons and to determine guilt for crimes involving Indians that arise on the Reservation; and

WHEREAS, the Tribe also has determined that it is sound Tribal policy to establish a separate division within the Tribal Court that will deal specifically with tort claims resulting from injuries allegedly occurring on the Tribe’s Gaming Enterprise site; and

WHEREAS, the Tribe has adopted the Mashantucket Pequot Sovereign Immunity Waiver Ordinance which, in a limited manner, waives Tribal sovereign immunity as it applies to certain tort claims which may be filed against the Gaming Enterprise; and

WHEREAS, the Tribe recognizes that many persons who may have tort claims against the Gaming Enterprise, especially those persons who are non-members of the Tribe, will be most familiar with state Court law and procedure. The Tribe has, therefore, determined that it is sound Tribal policy to provide that the Gaming Enterprise Division shall adopt principles of law and procedure which are based upon those used by the State of Connecticut; and

WHEREAS, the Tribe has also decided to expedite the Gaming Enterprise Division procedures which apply to claims for actual damages of less than $10,000.00. The Tribe has, therefore, decided to create an Office of the Magistrate as a section within the Division of the Gaming Enterprise that will deal with such claims;

NOW, THEREFORE, BE IT RESOLVED that the following is enacted as the Mashantucket Pequot Tribal Court Ordinance:

This Ordinance shall be known as the Mashantucket Pequot Tribal Court Ordinance.

Unless otherwise specified, the definitions used in the Mashantucket Pequot Sovereign Immunity Waiver Ordinance are hereby incorporated by reference as though fully set forth.

There is hereby established a Mashantucket Pequot Tribal Court [hereinafter the Tribal Court]. The Tribal Court shall have such divisions as may be established by the Tribal Council. The Tribal Court shall have general and original jurisdiction over all causes of action except as may be limited by the Tribal Constitution and by federal law. The divisions within the Tribal Court shall be authorized to have jurisdiction over only those causes of actions as may be authorized by the Tribal Council.

a. The Tribal Council shall appoint a Chief Judge to administer the Tribal Court. Until such time as a Chief Judge for the Tribal Court is appointed, a Judge of the Gaming Enterprise Division, upon appointment by the Tribal Council, shall serve as the Chief Judge of the Tribal Court. The Chief Judge shall be responsible for supervising the Tribal Court Clerk and submitting all reports required by this Ordinance.

b. The Tribal Council shall appoint a Tribal Court Clerk and such other personnel that the Tribal Council deems necessary to administer the Tribal Court. The Tribal Council shall determine the necessary qualifications of all Tribal Court personnel in consultation with the Chief Judge.

The principles of stare decisis shall apply to all decisions of the Tribal Court. Until such time as a sufficient body of Tribal Court law has developed, the Gaming Enterprise Division, unless otherwise specified, shall apply the principles of law applicable to similar cases in Connecticut.

a. There is hereby created an office of the Tribal Court Clerk.

b. The Tribal Court Clerk and such other personnel as may be assigned to the Tribal Court shall serve at the direction of the Chief Judge of the Tribal Court.

c. The duties and responsibilities of the Tribal Court Clerk shall extend to all divisions of the Tribal Court and shall be as follows:

d. The Tribal Court Clerk shall undertake all other duties assigned or delegated by tribal law or Court rule.

a. Any attorney admitted to practice before the highest Court of the State of Connecticut or before the Supreme Court of the United States is eligible for admission to practice in the Tribal Court of the Mashantucket Pequot Tribe. Each applicant for admission shall complete and file an application prepared or approved by the Chief Judge of the Tribal Court.

b. The Tribal Court may admit to practice on such terms and conditions as appear appropriate, a lay advocate who shall be a member of the Mashantucket Pequot Tribe or appointed legal or judicial staff members who shall agree to represent persons appearing before the Tribal Court. Any lay advocate convicted of a felony cannot practice before the Tribal Court.

c. The Tribal Court may, in its discretion, admit any other person to appear before it as an advocate, upon successful completion of an application prepared or approved by the Chief Judge of the Tribal Court.

a. The Chief Judge shall, at the direction of the Tribal Council, develop an annual budget and submit it to the Tribal Council for action. The Chief Judge shall account for all monies expended by the Tribal Court in a manner to be determined by the Tribal Council.

b. Unless the Tribal Council otherwise provides, the Tribal Court shall only expend funds authorized and appropriated by the Tribal Council.

The Chief Judge shall recommend to the Tribal Council a schedule of fees that shall apply to actions filed in the Tribal Court. The fee schedule shall be effective upon approval of the Tribal Council.

a. The Chief Judge shall submit an annual report of the Tribal Court to the Tribal Council on a date to be specified by the Tribal Council. For the Gaming Enterprise Division, the report shall include the following information:

Upon request of the Chief Judge, the Tribe shall provide the services of a tribal security officer to ensure that order is maintained in any proceeding of the Tribal Court.

The Tribal Court shall not exercise jurisdiction over any action arising from a contract to which the Tribe is a party or by which it is bound if such contract contains an express provisions prohibiting the exercise of jurisdiction by the Tribal Court over actions arising from such contract, whether approved prior to or subsequent to the enactment of this Ordinance.

a. There is hereby established, as a division of the Tribal Court, a Division of Gaming Enterprise. This division shall be authorized to have jurisdiction over claims authorized by the Mashantucket Pequot Sovereign Immunity Waiver Ordinance.

b. Judges of the Gaming Enterprise Division shall be appointed by the Tribal Council to serve a term of three years. Judges shall have at least five years of experience as a Judge in the State of Connecticut or in the federal Court for the district of Connecticut or, in the judgment of the Tribal Council, equivalent experience. The compensation of the Judge shall be set by the Tribal Council but, once set, shall not be reduced during the length of the appointment.

c. Judicial appointments shall be automatically renewed provided the Judge has:

d. For the purposes of the Gaming Enterprise Division, the Tribe hereby adopts the State of Connecticut Cannons of Judicial Ethics, and Judges of the Gaming Enterprise Division shall be bound by these cannons. The Tribe may suspend or terminate any employment contract if a violation of the cannons is alleged and, after notice and a hearing, proven to the satisfaction of the Tribal Council.

Judges of the Gaming Enterprise Division shall hear and decide all claims properly brought before the Court. Judges shall issue discovery and such other orders as are deemed necessary; enter all appropriate orders and judgments; and administer justice in all matters within the Court’s jurisdiction.

a. The Gaming Enterprise Division shall have jurisdiction over causes of action which have been authorized by the Mashantucket Pequot Sovereign Immunity Waiver Ordinance and which involve claims of actual damages of $10,000.00 or more. The Gaming Enterprise Division shall also hear appeals from decisions of the Office of the Magistrate as provided for in this Ordinance.

b. If it appears, based upon the evidence, that jurisdiction over a claim properly lies on the Office of the Magistrate, the Gaming Enterprise Division Judge may, upon his own motion, refer the claim to the Office of the Magistrate.

a. The Judge of the Gaming Enterprise Division shall develop proposed rules of procedure and evidence as are consistent with this Ordinance and with the Mashantucket Pequot Sovereign Immunity Waiver Ordinance. The proposed rules of procedure and evidence shall be effective upon submission to and approval by the Tribal Council. Until such time as tribal rules of procedure and evidence are approved, the Gaming Enterprise Division shall use the Superior Court Rules of Procedure for the State of Connecticut as they may be amended. The Gaming Enterprise Division shall also use the relevant rules of evidence as developed by the Superior Courts of the State of Connecticut. In the event of conflict between the state rules of civil procedure or state rules of evidence and this or other tribal ordinances, the provisions of the tribal ordinance shall govern.

b. Proposed amendments to the rules of procedure and evidence shall be submitted to the Tribal Council. The proposed amendments shall be effective upon approval by the Tribal Council.

a. Hearings shall be held on the Mashantucket Pequot Indian Reservation at a location to be designated by the Tribal Council. The presiding Gaming Enterprise Division Judge may adjourn any proceeding to view the site where the alleged injury occurred.

b. All hearings shall be before a Judge of the Gaming Enterprise Division. There shall be no jury trials.

c. The Gaming Enterprise Division Judge may direct the Tribal Court Clerk to issue summons or subpoenas that may be served within the boundaries of the Mashantucket Pequot Indian Reservation and order or limit discovery in the interests of justice. Under no circumstances may the Gaming Enterprise Division Judge order inspection of the financial or business records of the Gaming Enterprise or of the Tribal Council.

d. If any claimant or witness supporting the claim refuses to testify or to comply with the discovery orders of the Gaming Enterprise Division Judge, the Judge may order that the claim be dismissed with prejudice.

e. Should any employee of the Gaming Enterprise refuse to testify or to comply with the discovery orders of the Gaming Enterprise Division Judge, the Judge may assume the facts alleged by the claimant to be true and may enter judgment accordingly.

a. In all criminal and child welfare matters, the Judge shall issue findings of fact and conclusions of law within thirty days of any trial or any final oral argument or submission of final written arguments on any motion. If warranted, the Judge shall also issue an award.

b. In all other matters, the Judge shall issue findings of fact and conclusions of law within 45 days of any trial or any final oral argument or submission of final written arguments on any motion, except that the deadline in these matters may be extended up to a total of sixty days where all parties have consented in writing to the extension.

c. Should the Gaming Enterprise Division Judge fail to meet any deadline imposed by this Ordinance, no pay shall be issued to the Gaming Enterprise Division Judge until such time as the required action has been taken. Any party may notify the Tribal Council of any failure of the Gaming Enterprise Division Judge to act.

Upon the discovery of new evidence, or in the event that the Gaming Enterprise Division Judge misapplied the law, any party may apply for reconsideration. Reconsideration shall proceed according to rules of procedure to be adopted by the Court.

If in the course of any proceeding, any person misbehaves so as to obstruct such proceeding, that person may be excluded from further participation therein. If the miscreant is the claimant or the claimant’s attorney, the Gaming Enterprise Division Judge may summarily terminate the proceeding and dismiss the claim with prejudice.

Appeals from final orders of the Gaming Enterprise Division Judges shall be heard by a Judge from those appointed by the Tribal Council. Appellate Judges shall be appointed as needed and shall have the same or higher qualifications as required for the Gaming Enterprise Division Judges. The appellate Judges shall propose rules of procedure which are based upon appellate procedure applicable to similar state Court proceedings. The appellate Judges shall submit these proposed rules to the Tribal Council for action. The proposed rules shall be effective upon approval of the Tribal Council. The stare decisis provisions adopted in this Ordinance shall apply to any appeals.

a. There is hereby established within the Gaming Division of the Mashantucket Pequot Tribal Court an Officer of the Magistrate.

b. There shall be two magistrates appointed by the Tribal Council.

c. The magistrate shall be appointed by the Tribal Council to serve a term of three years. The magistrate shall be an attorney at law and shall have practiced before the Courts of the State of Connecticut for at least seven years prior to appointment by the Tribal Council. The compensation of the magistrate shall be set by the Tribal Council but once set, shall not be reduced during the length of the appointment.

d. The appointment of a magistrate shall be automatically renewed provided the magistrate has:

e. For the purpose of the Office of the Magistrate, the Tribe hereby adopts the State of Connecticut Cannons of Judicial Ethics, and Magistrates of the Office of the Magistrate shall be bound by these cannons. The Tribe may suspend or terminate any employment contract if a violation of the cannons is alleged and after notice and a hearing, proven to the satisfaction of the Tribal Council.

f. The magistrate shall submit an annual written report as a part of the annual report of the Tribal Court to the Tribal Council. The magistrate’s report shall summarize the activity of the office, including the number of claims filed, the disposition of each claim, a copy of the findings of fact in each case, and the amount of time expended by the magistrate on each claim. The magistrate shall also provide such additional reports as the Tribal Council may request.

g. The Magistrate shall submit to the Chief Judge an annual budget request for the Office of the Magistrate. The Chief Judge shall include the Magistrate’s request in the annual budget request for the Tribal Court. The Magistrate’s budget request shall conform to procedures to be developed by the Tribal Council. The Magistrate’s budget request shall contain such information as specified by the Tribal Council. The Magistrate shall only expend funds authorized and appropriated by the Tribal Council.

Any subpoena or other paper required to be served upon or delivered to the Magistrate may be served or delivered in person or by certified mail addressed to the Mashantucket Tribal Court - Office of the Magistrate, 8 Annie George Drive Extension, P.O. Box 3126, Mashantucket, Connecticut 06339-3126. The Clerk of the Tribal Court is authorized to accept service of process for the magistrate. Service or delivery by certified mail shall be deemed complete upon the certification and deposit of such subpoena or paper at a United States Post Office. Proof of deposit and the return receipt shall be sufficient proof of service or delivery.

a. Upon filing, the clerk of the Tribal Court shall review the claim and, assuming all the damage allegations contained in the claim to be true, refer it to the appropriate division or office of the Tribal Court.

b. The clerk of the Tribal Court shall refer all claims for actual damages less than $10,000.00 to the Magistrate. The clerk shall refer all claims for actual damages greater than or equal to $10,000.00 to the Gaming Enterprise Judge.

a. The magistrate shall adhere to the following procedures:

b. Any party who fails to appear on their own behalf or as represented by an attorney at any proceeding, without a showing of good cause, may be subject to such penalties as deemed appropriate by the magistrate, including entry of judgment against them.

c. Whenever it appears, based upon the allegations in the claim, that jurisdiction properly lies with the Gaming Enterprise Division, the magistrate, upon the magistrate’s own motion, shall refer such claim to the Gaming Enterprise Division.

a. Hearings shall be held on the Mashantucket Pequot Indian Reservation at a location to be designated by the Tribal Council. The magistrate, by motion of either party or otherwise, may adjourn the claim hearing to view the site where the alleged injuries occurred.

b. The magistrate shall hear all claims without a jury. The magistrate may call witnesses, examine and cross-examine any witness, require information not offered by the claimant or the representative of the Gaming Enterprise, and stipulate matters to be argued.

c. The magistrate may administer oaths, issue summons or subpoenas that may be served within the boundaries of the Mashantucket Pequot Indian Reservation, and order or limit discovery in the interests of justice. Under no circumstances may the magistrate order inspection of the financial or business records of the Gaming Enterprise or the Tribal Council.

d. If any claimant or witness supporting the claim refuses to testify or to comply with the discovery orders of the magistrate, the magistrate may order that the claim be dismissed with prejudice.

e. Should any employees of the Gaming Enterprise refuse to testify or to comply with the discovery orders of the magistrate, the magistrate may assume the facts alleged by the claimant to be true and may enter judgment accordingly.

Within thirty days after the conclusion of all regular proceedings in a claim, the magistrate shall render a final order constituting a decision in the claim. The magistrate shall issue written findings of fact and conclusions with the final order. The Clerk of the Court shall deliver a copy of the findings and conclusions and the order to the claimant, to the representative of the Gaming Enterprise, and to the representative of the insurer of the Tribe.

a. Upon the discovery of new evidence, or in the event that the magistrate misapplied the law, any party may apply for reconsideration. The party shall file with the magistrate a concise written statement of the alleged new evidence or misapplication of law. The statement must, at the time of filing, contain a proof of service indicating that the representative of the Gaming Enterprise have been served with a copy of the request for reconsideration.

b. Any other party may, within ten days, file a written response indicating why the final order of the magistrate was correct.

c. The magistrate shall, within ten days of the receipt of any written response, issue a ruling modifying or affirming the order.

d. Should the magistrate fail to meet any deadline imposed by this ordinance, no pay shall be issued to the magistrate until such time as the required action has been taken. Any party may notify the Tribal Council of any failure of the magistrate to act.

The magistrate shall recommend rules of procedure to the Tribal Council for action. The magistrate shall not be bound by any rules of procedure until such time as rules are adopted by the Tribal Council.

a. Any party dissatisfied with the decision of the magistrate may appeal to the Gaming Enterprise Division.

b. Appeals shall be filed within thirty days of the entry of the final order of the magistrate.

c. Review by the Gaming Enterprise Division shall be based upon the record of the proceedings of the magistrate, the briefs filed in the appeal, and the oral argument, if any.

d. Within thirty days after filing a notice of appeal, the appellant shall file and serve a written brief with the Gaming Enterprise Division.

e. Within thirty days after receipt of service of the appellant’s brief, the respondent shall file and serve a written response brief.

f. Briefs on appeal shall be limited to twenty typewritten pages of argument or less.

g. Briefs on appeal are limited to the appellant’s brief and the response brief except upon order of the Gaming Enterprise Judge.

h. Oral argument on appeals shall be held upon request of any party or upon order of the Gaming Enterprise Division Judge. Oral argument shall be set within twenty days of the filing of the response brief.

a. In construing this Ordinance, the masculine gender includes the feminine and neuter genders.

b. In construing this Ordinance, the present tense includes the past and future tenses, and the future tense includes the present tense.

c. When reference is made to any portion of this Ordinance, the reference shall apply to all amendments made hereafter.

d. All tribal ordinances or other laws inconsistent with this Ordinance are hereby repealed. To the extent that this Ordinance provides other than other tribal law governing tort claims against the Gaming Enterprise, this Ordinance shall govern.

e. Section headings shall be used only for reference to format and not in construing this Ordinance.

f. This Ordinance shall become effective upon approval by the Tribal Council.

WHEREAS, the Mashantucket Pequot Tribe (the "Tribe") is a federally recognized Indian Tribe; and

WHEREAS, the Mashantucket Pequot Tribal Council (the "Council") is the duly authorized governing body of the Tribe pursuant to the Constitution and By-Laws of the Tribe, and is a federally recognized Indian Tribal Government; and

WHEREAS, the time limit has been found to be too low; and

WHEREAS, to fully utilize the talents and services of Magistrates, it is found to be necessary to authorize them to, in addition to their services as Magistrates, act as Judges of the Tribal Court provided that they are not authorized to sit on criminal trials.

NOW THEREFORE, BE IT RESOLVED, that the jurisdictional limit for claims provided for in Section 24(b) of MPTO #011092-02 is hereby increased to TEN THOUSAND AND 00/100 ($10,000.00) DOLLARS.

BE IT FURTHER RESOLVED, that this increase in jurisdictional amount shall be prospective and applicable only to causes of action that are brought subsequent to the effective date of this Ordinance.

BE IT FURTHER RESOLVED, that all Magistrates appointed pursuant to Section 22 of MPTO #011092-02 are, in addition to their duties and authority contained in that Ordinance, hereby empowered to act as Judges in any and all divisions of the Mashantucket Pequot Tribal Court provided, however, that they are not authorized to sit on criminal trials.

BE IT FINALLY RESOLVED, that this Resolution shall take effect upon passage.

a. This Ordinance defines the jurisdiction of the Peacemakers as established in MPTO 102693-01. It also establishes the procedures to be followed by the Peacemakers when they attempt to mediate a conflict or resolve a grievance.

b. The Peacemakers shall have exclusive jurisdiction, except as provided in this Ordinance or by other Tribal Law, to hear Civil Mediation Requests involving Mashantucket Pequot Indians which occur on the Mashantucket Pequot Nation Lands. The Peacemakers may, in their unrestricted discretion, exercise jurisdiction over other mediation requests which involve non-Indians arising on the Tribal Lands.

c. The Peacemakers may exercise jurisdiction to hear grievances by Mashantucket Pequot Tribal members who are employees of the Tribe provided that all tribal administrative appeals have been exhausted. Mashantucket Pequot Tribal Member Employees shall file grievances pursuant to Section 13 of these regulations. This Ordinance amends, as it applies to Tribal Member Employees, the appeal rights provided in MPTO 061694-03. Pursuant to this amendment, Tribal Member Employees have the option of filing their employment appeals either in Tribal Court or with the Peacemakers. Such election is final and irrevocable.

d. The Peacemakers may exercise jurisdiction to hear grievances by Mashantucket Pequot Tribal Members relating to program regulation/guidelines provided that all tribal administrative appeals have been exhausted.

e. Decisions of the Peacemakers are not subject to appeal to the Mashantucket Pequot Tribal Council or to the Mashantucket Pequot Tribal Court.

f. The Peacemakers shall have jurisdiction to hear any matter referred to it by resolution of the Mashantucket Pequot Tribal Council.

g. The Peacemakers shall not have jurisdiction to hear contract disputes between vendors and the Tribe or any Tribal business. Disputes involving vendors, contractors or consultants shall, upon authorization of the Tribal Council, be heard in the Mashantucket Pequot Tribal Court.

h. The Peacemakers shall not have jurisdiction to hear any appeal from decisions of the Mashantucket Pequot Tribal Housing Authority, the Indian Health Services program or from any other tribally administered federal program. The Peacemakers shall not have jurisdiction to hear any appeal from a final determination of the Incentive Review Team or any other tribally created administrative body specifically charged- by the Tribal Council with authority to take final administrative action in a tribal program.

i. The Peacemakers shall not have jurisdiction to hear any appeal from any decision of the Mashantucket Pequot Tribal Council.

j. The Peacemakers shall not hear any appeal from any decision from the Mashantucket Pequot Tribal Court including, but not limited to, any appeal from a final decision of the Tribal Appellate Court.

a. "Mashantucket Pequot Nation Lands" means all Tribally owned lands and shall include lands acquired by the Tribe subsequent to the date of passage of this Ordinance.

b. "Peacemakers" means that body of Tribal members designated by vote of the Tribal families, pursuant to authority of Resolution 102693-01 of the Mashantucket Pequot Tribal Council, to serve as a mediation facilitator. "Full Peacemakers" shall mean a quorum as defined in this Ordinance, of the entire Peacemakers membership. "Assigned Peacemakers" shall mean the Peacemakers assigned to any particular dispute (including alternate).

c. "Tribal Court" means the Mashantucket Pequot Tribal Court.

d. "Jail Sentence" means a sentence requiring incarceration in any state, federal or tribal jail or in any jail with which the Tribe has an agreement to house persons convicted in Tribal Court. This term includes jail sentences which are suspended or for which probation is provided as an alternative. "Jail Sentence" shall also include any "house arrest" which may be ordered by the Tribal Court or by any state or federal Court.

e. "Tribe" means the Mashantucket Pequot Tribe, a federally recognized Tribe.

f. "Consensus Decision" means mutually shared agreement of the Peacemakers.

g. "Grievance" means a document filed by any Mashantucket Pequot Tribal Member Employee pursuant to any Personnel Policies and Procedures Employee Manual which may apply to Tribal employees. No grievances shall be filed with the Peacemakers until all tribal administrative appeals have been exhausted. Grievances shall also mean a document filed by a member of the Mashantucket Pequot Tribe which alleges that a Tribal administrator has failed to properly apply Tribal policies to their application for assistance or which alleges that a Tribal administrator has failed to act within thirty days of receiving a request for assistance.

h. "Party" means any person who is directly affected by facts alleged in a Mediation Request.

i. "Mashantucket Pequot Tribal Member Employee" means any enrolled member of the Mashantucket Pequot Tribe who is a Tribal Employee.

j. "Tribal Employee" means any member of the Mashantucket Pequot Tribe who is employed by any Tribal entity.

k. "Mediation Request" means a written document filed by a person which sets forth the nature and parties involved in any inter-personal conflict that occurs on the Nation Lands.

l. "Injury" means any actual physical or mental harm or that can be measured by monetary damages. "Injury" may also mean damage that may entitle a person to relief that the Peacemakers consider fair or equitable.

m. "Conflict of Interest" means any situation in which a Peacemaker is asked to mediate a matter in which a close family member is a party. A close family member shall mean a brother, sister, spouse, son, daughter, grandchild, grandparents or father or mother. Peacemakers shall disqualify themselves from deciding any matter in which they have a conflict of interest.

n. "Solution" means a written document which contains a statement of a civil conflict between Mashantucket Pequot Tribal Members or, at the discretion of the Peacemakers, other non-tribal members. The document shall also contain a statement describing the settlement or resolution to the defined civil conflict which is mutually agreed to by the parties. It shall be signed by the individuals involved in the civil conflict.

o. "Working Day" shall mean any day that the Mashantucket Pequot Tribal Government Office is open for business.

p. "Chair" shall mean the Chairperson of the Peacemakers Grievance Council. In instances where the Chair is unable or is otherwise disqualified from participating in a Peacemakers proceeding, the Vice-Chair shall act in place of the Chair. In instances where both the Chair and the Vice-Chair is unable or is otherwise disqualified from participating in a Peacemakers proceeding the Peacemakers may, by consensus, appoint an acting Chair.

a. It is the policy of the Mashantucket Pequot Tribe to provide a forum consisting of elders and other Tribal members to hear civil mediation requests and grievances that arise on the Mashantucket Pequot Nation Lands.

b. The Peacemakers shall assist in the development of solutions to conflicts that are not patterned upon state or federal civil Courts but are more closely allied to the traditional mediation processes generally followed by Native American tribes. It is intended that this new decision making body will assist in arriving at mediated solutions to conflicts within the Tribal community and not necessarily determine who is at fault in any given situation. It is also intended that the Peacemakers will relieve the Tribal Council from the burden of ruling on complaints from Tribal members concerning their treatment by the Tribe and from the burden of deciding appeals from employment grievances filed by Mashantucket Pequot Tribal Member Employees.

c. The Peacemakers may assist the parties in reaching alternative solutions to a conflict in such a manner as seems consistent with Tribal values. They are not bound by prior decisions or by any prior tribal practice or procedure. They are encouraged to assist in developing innovative and alternative methods of dispute resolution.

d. All Mashantucket Pequot Tribal Member Employees shall have an absolute right to bring employment grievance appeals before the Peacemakers. No grievances shall be filed with the Peacemakers until all tribal administrative appeals have been exhausted. When deciding Tribal member employee appeals, Peacemakers shall apply the policies and procedures which are applicable to the Tribal member employee.

a. Each of the nine families historically recognized as forming the Mashantucket Pequot Tribe shall have the opportunity to designate two representatives to the Peacemakers. The nine historically recognized families are as follows:

b. Each family, by majority vote, shall select two representatives to the Peacemakers. Tribal members eighteen years or older may participate in the selection of the designated Peacemaker. Tribal members who are selected as Peacemakers must be eighteen years of age or older at the time of selection. Of the two Peacemakers selected by each family, one shall be age fifty-five or older at the time of selection provided, however, that both Peacemakers may be younger than fifty-five if there is no family member over the age of fifty-five (55) available, willing or able to serve at the time of selection. Each family shall file a notice, in writing, with the Chair of the Peacemakers notifying them of the family members selected to serve.

c. No person who has been convicted of a felony in state or federal Court or who has been convicted of any offense in the Mashantucket Pequot Tribal Court which has resulted in the imposition of a jail sentence of thirty days or longer shall be eligible to serve as a Peacemaker provided, however, that persons who’s felony conviction or other Tribal offense occurred more than seven years prior to the date of selection are eligible to serve. Peacemakers may be selected who would be disqualified pursuant to the provisions of this Section if they have been pardoned by the Mashantucket Pequot Tribal Council at the time of selection.

d. All Peacemakers, prior to their seating, shall submit to screening for use of controlled substances. Peacemakers shall also consent to random drug screening at any time after their seating. Screening shall be initiated by the Chair of the Peacemakers and carried out by the Medical Director of the Mashantucket Pequot Tribe. Use of prescribed medication by a doctor shall not constitute a violation of this provision.

e. Peacemakers shall serve until removed pursuant to Section 5 of this Ordinance or until replaced pursuant to procedures decided upon by each family.

a. Each family shall have discretion to remove a Peacemaker at any time and for any reason provided that 51% of those family members who are eligible voters cast a ballot in favor of removal.

b. Any Peacemaker may be removed for cause pursuant to consensus decision of the full Peacemakers.

c. A Peacemaker shall be removed for cause if:

a. Peacemakers shall sign a non-disclosure agreement concerning each Mediation Request or Grievance filed with the Peacemakers.

b. All proceedings of the Peacemakers shall be private. The parties to any proceeding may, however, mutually agree that named individuals may attend specific proceedings.

c. No documents shall be released by any employee or member of the Peacemakers to any person or governmental agency unless mutually agreed to in writing by the parties to any Mediation Request or Grievance. All employees who provide services to the Peacemakers shall sign a non-disclosure agreement.

d. No person who is a witness or who otherwise participates in a Peacemakers proceeding may disclose any information from any such proceeding. Prior to participating in any Peacemaker proceeding, all persons shall sign and verbally agree not to disclose any matter discussed during the Peacemaking process. Failure of any party to sign a non-disclosure agreement and to verbally agree not to disclose information divests the Peacemakers of jurisdiction. Such matters shall be referred to Tribal Court by the Peacemakers.

e. Any Peacemaker who is found, by the full Peacemakers, to have violated any provision of this Section, may be fined up to FIVE HUNDRED AND 00/100 ($500.00) for each offense and shall be removed as a Peacemaker. The Peacemakers shall have jurisdiction to determine, after a hearing, the appropriate level of any fine. Fines collected shall be donated to support the Mashantucket Pequot Safe House.

a. A quorum of the full Peacemakers shall be nine members provided that all members have been given at least five (5) days notice of the meeting and at least eight (8) different families are represented. In the event that the full Peacemakers determine that this quorum requirement is too great, then the full Peacemakers are authorized to reduce the number of representative families to five (5).

b. All decisions of the Peacemakers, unless otherwise noted in these regulations, shall be by consensus.

c. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair or due to the disqualification of the Chair because of conflict. In the event of the unavailability or absence of the Vice-Chair, the Peacemakers may, by consensus, appoint an acting Chair.

a. Any Tribal member who requires assistance to resolve a civil conflict with another Tribal member may file a Mediation Request. Mediation requests shall be filed with the Chair of the Peacemakers. The Peacemakers may, in their unrestricted discretion, exercise jurisdiction over civil conflicts involving non-tribal members (including those involving non-Indians) provided all parties to the conflict are agreeable. If there is no mutual agreement, the dispute shall be heard by the Tribal Court.

b. Mediation Requests shall be filed within thirty days of the date of the incident which gave rise to the conflict.

c. The Peacemakers shall provide a copy of the Mediation Request to all parties. Attached to the Mediation Request shall be a copy of this Ordinance.

a The Chair of the Peacemakers shall, within three days of receiving a Mediation Request, assign two Peacemakers and one alternate to each Mediation Request. Peacemakers shall be assigned in random order. Peacemakers who are assigned to a Mediation Request shall disqualify themselves if they have a conflict of interest as defined by this Ordinance. Peacemakers may decline an assignment. In the event of the unavailability of an assigned Peacemaker, the alternate will thereafter serve as the assigned Peacemaker of that mediation. Parties may not disqualify any Peacemakers assigned to their Mediation Request. Peacemakers may be removed in any mediation or grievance at the discretion of the Chair of the Peacemakers if they fail to meet the requirements of this Ordinance. The alternate assigned to the mediation or grievance shall serve in the event a Peacemaker is removed.

b. Any Peacemaker who, without good cause in the opinion of the full Peacemakers, has declined assignment in two consecutive cases, may be removed by the full Peacemakers.

a. Peacemakers shall, within five days of their appointment, contact each of the parties to the dispute. Peacemakers may contact witnesses and may interview such people as necessary, in the view of the assigned Peacemakers, to develop an understanding of the problem/conflict.

b. Peacemakers shall assist the parties to arrive at a solution of the problem/conflict. The solution shall describe, in writing, the terms and conditions of the agreement reached between the parties. Each party to the conflict shall sign the solution and shall agree that they will abide by all terms and conditions of the solution.

c. Peacemakers shall not decide fault or liability for damages.

d. Peacemakers have no authority to force or otherwise coerce the parties into a resolution of the mediation request.

e. Peacemakers who fail to comply with the requirements of this Section are subject to being removed from the assigned mediation to be the Chair of the Peacemakers.

a. When a solution to a conflict has been successfully reached with the assistance of the Peacemakers, a report shall be given to the full Peacemakers by the Peacemakers assigned to the conflict.

b. The Peacemakers assigned to the conflict shall, within thirty days of the signing of the solution, review the success of the solution with the parties. The Peacemakers may adjust the written solution by mutual agreement of all parties to the solution. A solution must be modified in writing and signed by each party. There shall be review within thirty (30) days of each modified solution.

c. Upon completion of the last thirty day review, and when all parties are satisfied, the assigned Peacemakers, in the presence of the parties, shall (except for the agreed solution), destroy all written records, documents or notes used in the Mediation Process.

d. Each party to the solution and each Peacemaker assigned to the Mediation Request, shall preserve a copy of the solution. All signed statements containing a solution shall be kept confidential by all Parties and the Peacemakers.

a. If any party that has signed a solution fails to abide by the solution, any party may request additional services from the Peacemakers originally assigned to the conflict. The Peacemakers may devise a revised solution with the consent of the parties.

b. If the Peacemakers determine that continued Peacemaking is futile or if the parties to a conflict refuse to reach an agreed solution, the Peacemakers assigned to the conflict shall inform the full Peacemakers, at a regularly scheduled meeting of the full Peacemakers, of the difficulties in reaching agreement. The Chair may assign different Peacemakers to the conflict if the Peacemakers decide that new Peacemakers may make a difference or the full Peacemakers may meet with the parties.

c. If the assigned Peacemakers or the full Peacemakers are unable to assist the parties in reaching an agreed solution, then the parties may pursue their dispute in Tribal Court. Any applicable statute of limitations shall commence running upon a determination that further Peacemaking attempts are futile or by a refusal of any party to participate in the Peacemaking process.

d. No statement or other evidence given during the Peacemaking process may be entered in evidence or otherwise considered in any subsequent Tribal Court proceeding. No Peacemaker shall be called to give evidence in any Tribal Court proceeding which involves any conflict to which they had been assigned.

a. Notwithstanding any other provision of Tribal law including, but not limited to MPTO No. 061694-03, any Tribal member who is a Tribal employee may file an employee grievance with the Peacemakers. All applicable provisions of any Personnel Policies and Procedures Employee Manual shall be exhausted prior to filing an employment grievance with the Peacemakers. Grievances by Mashantucket Pequot Tribal Member Employees shall be filed within thirty days of a final decision pursuant to the applicable Personnel Policies and Procedure Manual.

b. Once an employee grievance has been filed with the Peacemakers, that election is final. An employee may not dismiss the grievance and attempt to go to Tribal Court with an appeal. Tribal member employee appeals to Tribal Court are, upon the filing of the appeal, also final.

c. Employee grievances shall be filed within thirty days of any final decision pursuant to the applicable Mashantucket Pequot Personnel Policies and Procedures Manual. Employee grievances shall be filed in the office of the Chair of the Peacemakers.

a. Any Tribal member may file a grievance against any administrator of a Tribal Program. Grievances may be filed if, in the opinion of the Tribal member, the Tribe has improperly administered a Tribal benefits program and, as a direct result, the grieving Tribal member has been harmed. Tribal member grievances shall be filed as soon as practical, but in no event, more than thirty (30) days after a final determination by a Tribal Administrator. All Tribal administrative procedures shall be exhausted prior to filing a grievance. Grievances against Tribal Administrators that are based upon a failure to act upon an application for assistance shall be filed thirty (30) days from the date the request for assistance was made. Emergency requests from Mashantucket Pequot Tribal members who may need immediate action may be heard at the discretion of the Peacemakers. Tribal member grievances shall be filed in the office of the Chair of the Peacemakers.

b. In the event that any Tribal Member is excluded by a supervisor, department head or other person with authority, from any Tribal property, or in the event by virtue of an order or decision, a Tribal Member is suspended from receiving any Tribal benefits or participating in any Tribal program, the Tribal Member may file a grievance with the Peacemakers. Grievances may be filed as soon as practical, but in no event more than thirty (30) days after the issuance of the order or decision. All Tribal administrative procedures shall be exhausted prior to filing a grievance. Tribal Member grievances under this section shall be filed with the Office of the Chair of the Peacemakers. Tribal Council decisions shall not be subject to the Peacemakers appeal process, and Tribal Members shall continue to receive any pay or benefits until such time as the Peacemakers final decision is made. Peacemakers findings of any abuse of authority by those excluding a Tribal Member are to be referred to the Office of Chief of Staff for appropriate administrative action.

a. The Chair of the Peacemakers shall, within five days, supply a copy of the grievance to the appropriate responding party.

b. The Chair of the Peacemakers shall, within five days, assign two Peacemakers and one alternate to the grievance. Peacemakers shall be assigned in random order. Peacemakers who are assigned to a Grievance shall disqualify themselves if they have a conflict of interest as defined by this Ordinance. Peacemakers may decline an assignment. In the event of the unavailability of an assigned Peacemaker, the alternate may serve as an assigned Peacemaker. No party to a grievance may disqualify a Peacemaker. Peacemakers may be removed in any mediation or grievance at the discretion of the Chair of the Peacemakers if they fail to meet the requirements of this Ordinance. The alternate assigned to the mediation or grievance shall serve in the event a Peacemaker is removed.

c. Peacemakers shall, within five days of their appointment, contact the parties to the Grievance. Peacemakers may contact witnesses and may interview such people as necessary, in the view of the assigned Peacemakers, to develop an understanding of the Grievance. Employees of the Tribe shall, at all times, cooperate with the Peacemakers. Peacemakers may go beyond the record available on appeal. Employees who are found to be in violation of this provision, may be civilly fined in an amount not to exceed Five Hundred Dollars ($500.00) for each such offense.

d. Wherever possible, Peacemakers shall attempt to mediate the problem and work out a solution that is acceptable to both parties to the Grievance. If a solution is worked out, then that solution shall be signed by both parties and filed with the office of the Peacemakers. The solution shall be reviewed in thirty days to ensure that all parties are still satisfied with the solution. Solutions may be modified by the written agreement of the parties and the Peacemakers.

e. In the event that no mutually acceptable solution is possible, Peacemakers shall render a decision within ninety (90) days. Peacemakers shall apply the policies and procedures that apply to the employee. Peacemakers shall not rule on the fairness of the policy or procedure, but shall ensure that the policy or procedure was fairly applied. The Peacemakers shall, prior to releasing the decision, review the draft decision with the full Peacemakers. The full Peacemakers panel may comment on the proposed decision and, in light of the comments, the Peacemakers who have been assigned to the grievance may change the proposed draft.

f. Written decisions rendered by the Peacemakers assigned to the grievance are final. There is no appeal to either the Mashantucket Appellate Court or to the Tribal Council from a decision of the Peacemakers.

a. Peacemakers who have been assigned to any Mediation Request or Grievance may issue a subpoena, upon approval of the Chair, which subpoena commands any person who can be served within the Mashantucket Pequot Tribal Lands to attend a meeting with the Peacemakers. Such subpoena may require the production of documents or other evidence. Peacemakers may subpoena, upon approval of the Chair of the Peacemakers, any work related document in the possession of any employee of the Tribe. Assigned Peacemakers may subpoena, upon approval of the Chair of the Peacemakers, any Tribal Police Officer and investigative reports provided that all such documents or interviews are kept confidential.

b. Subpoenas requiring the attendance of any person must be signed by the Chair and at least one of the Peacemakers assigned to a conflict. Such subpoenas must provide the person subpoenaed with five (5) days notice from the date the subpoena is served. The subpoena shall state generally the reason for the subpoena. No attorney or other representative may accompany the person subpoenaed to a hearing. Subpoenas shall generally describe the document to be subpoenaed. Tribal Police shall serve subpoenas.

c. Any person who fails to comply with the requirements of a subpoena shall, for each such offense, be guilty of a civil offense that shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00). Any Native American who is a resident of the Reservation and who fails to comply with the requirements of a subpoena shall be guilty of a criminal violation and shall be incarcerated for a period of time not to exceed thirty (30) days. Tribal Council members and Tribal Court Judges or Magistrates shall not be subject to subpoena. The Peacemakers shall, after hearing, determine and impose an appropriate penalty pursuant to the provisions of this Section.

a. Any person who intimidates, threatens, assaults or batters any Peacemaker, or who interferes with, or attempts to interfere with any Peacemaker during the course of the exercise of their duties, shall be guilty of a criminal violation for each such offense and shall be subject to a jail sentence of no less than thirty (30) days and/or no more than one year in jail and/or a civil fine not to exceed One Thousand Dollars ($1,000.00). The Mashantucket Pequot Tribal Court shall have jurisdiction to determine a violation of this Section and impose an appropriate penalty.

The Tribal Court shall have jurisdiction to determine whether the provisions of this Ordinance have been violated.

In the event any provision of this Ordinance is found to be invalid or unenforceable for any reason, such determination shall not affect the remaining terms.

This Ordinance shall become effective as of the date of passage. Only events occurring subsequent to the effective date of this Ordinance may be heard by the Peacemakers.

WHEREAS, the Mashantucket Pequot Tribe [hereinafter the Tribe] has inherent authority to exercise jurisdiction over criminal matters that arise on the Mashantucket Pequot Tribal Nation Lands [hereinafter the Nation Lands]; and

WHEREAS, the Tribe has determined that it will exercise its jurisdiction to the maximum extent permitted by federal law; and

WHEREAS, the Tribe has never intended that the State of Connecticut shall exercise criminal jurisdiction within the Nation Lands nor has the Tribe by any act consented to the exercise by the State of criminal jurisdiction within the Nation Lands; and

WHEREAS, as a temporary measure, the Tribe has adopted the language of the Criminal Statutes of Connecticut as Tribal law (MPTO 112091-01); and

WHEREAS, a Tribal Court is necessary to hear alleged offenses against Tribal law;

NOW THEREFORE BE IT RESOLVED THAT, the following is enacted as the Mashantucket Pequot Tribal Criminal Court Ordinance:

This Ordinance shall be known as the Mashantucket Pequot Tribal Criminal Court Ordinance.

The definitions used in the Mashantucket Pequot Sovereign Immunity Waiver Ordinance (MPTO No. 011092-01) shall apply in this Ordinance to the extent that they are not in conflict with the definitions in this Ordinance. The following definitions shall also apply in this Ordinance:

a. The Tribal Court shall have criminal jurisdiction as indicated on the attached chart which is incorporated by reference in this Ordinance as though fully set forth. The Tribal Court shall also have criminal jurisdiction over any matter which is not specifically prohibited by federal Indian law.

b. The Tribal Court shall have civil regulatory jurisdiction over non-Indians in the following situations:

c. The Tribal Court shall have jurisdiction over conduct occurring off the Tribal Lands in the following situations:

Judges who have been appointed to the Gaming Enterprise Division of the Mashantucket Pequot Tribal Court pursuant to the Mashantucket Pequot Tribal Court Ordinance (MPTO No. 011092-02) shall serve as Judges in the Tribal Court. Magistrates who have been appointed to the Gaming Enterprise Division of the Mashantucket Pequot Tribal Court pursuant to the Mashantucket Pequot Tribal Court Ordinance shall also serve as Judges in the Tribal Court.

The Tribal Court Clerk that has been appointed pursuant to the Mashantucket Pequot Tribal Court Ordinance shall serve as the Clerk to the Tribal Court.

The Tribal Court shall designate Deputy Clerks as necessary. Deputy Clerks shall have the same authority and duties as the Tribal Court Clerk.

a. There is hereby created an Office of the Tribal Prosecutor.

b. The Tribal Council shall appoint prosecutors as it deems necessary. The Tribal Council may appoint a Chief Prosecutor as it deems necessary. The Tribal Council may appoint prosecutors to serve on a case-by-case basis or on a full time basis as may be determined by the Tribal Council

c. Tribal Prosecutors shall be appointed by the Tribal Council to serve a term of three years. Prosecutors may be removed from office by the Tribal Council if:

d. Prosecutors are authorized to prosecute all cases involving alleged offenses, and to administer oaths and swear witnesses. Prosecutors are also authorized to represent the Tribe in any appeal pursuant to this ordinance.

e. All investigative duties for the Office of the Tribal Prosecutor shall be performed by the Tribal Police.

f. The investigative authority conferred upon the Office of the Tribal Prosecutor by this Ordinance is expressly limited to those investigations conducted by the Tribal Police.

g. Prosecutors are authorized to hire and utilize legal assistants to assist in the preparation and prosecution of matters before the Tribal Court. Legal assistants are authorized to:

Except as stated in this Section, legal assistants do not have the plenary law enforcement authority that is conferred upon the Tribal Police.

a. Until such time as the Tribal Council enacts its own juvenile code the juvenile code of the State of Connecticut is hereby adopted and shall serve as Tribal law. In the event of conflict between this Ordinance and the juvenile code of the State of Connecticut, the provisions of this Ordinance shall govern.

b. Defendants under the age of 18 shall be considered juvenile offenders.

c. The Tribal Court shall have exclusive jurisdiction over juvenile offenders.

d. Juvenile offender proceedings shall be confidential and closed to the public. Records of such proceedings shall be sealed.

a. Attorneys admitted to practice and in good standing in the Mashantucket Pequot Tribal Court-Gaming Enterprise Division shall be deemed admitted to practice before the Tribal Court without further application or fee.

b. Attorneys admitted to practice and in good standing before the highest Court of any State may be admitted to practice in the Tribal Court provided they can show, to the satisfaction of the Chief Judge, that they are familiar with Tribal law and Tribal Court procedures.

c. Tribal Court advocates as defined in Sections 7 (b) and (c) of the Mashantucket Pequot Tribal Court Ordinance may appear in Tribal Court proceedings with the Court’s permission provided they can show to the satisfaction of the Chief Judge that they are familiar with Tribal law and Tribal Court procedures.

d. Attorneys admitted to practice and in good standing before the highest Court of any state, but not yet admitted to practice in the Tribal Court, may appear before the Tribal Court to represent a defendant at an arraignment, provided that such attorney shall file an application for admission to practice in the Tribal Court upon their initial Court appearance and provided, further, that the attorney’s client signs a wavier, prior to their arraignment, of the right to claim ineffective assistance of counsel in connection with the arraignment proceedings.

The Tribal Court shall be a Court of record. All proceedings of the Tribal Court shall be of record.

a. The Indian Civil Rights Act, codified at 25 U.S.C. §1302, and all amendments thereto, is hereby adopted as Tribal law and shall apply in the Tribal Court. Such incorporation shall not prohibit the Tribe or the Tribal Council from guaranteeing persons other rights by Tribal law.

b. The Tribal Court shall interpret the Indian Civil Rights Act in a manner that is consistent with Tribal practice or custom. The Tribal Court is not bound to interpret the language of the Indian Civil Rights Act in the same or similar manner as the state or federal Courts have interpreted the same or similar language which may be found in state or federal constitutions.

c. No petition for a writ of habeas corpus under the Indian Civil Rights Act or under Tribal law shall be filed in federal Court until all Tribal remedies have been exhausted. Tribal remedies shall be exhausted after an action has been finally disposed of by the Mashantucket Pequot Court of Appeals.

a. The sovereign immunity of the Tribe from suit is reserved by the Tribe except to the extent that it is expressly waived by this Ordinance or by the Mashantucket Pequot Sovereign Immunity Waiver Ordinance. (MPTO No. 011092-01).

b. The sovereign immunity of the Tribe is waived for any action taken by the Tribal Police alleging a violation of the Indian Civil Rights Act provided the alleged violation occurred within the Nation Lands. All actions brought pursuant to this Section shall be heard by the Tribal Court without a jury.

c. Except as otherwise provided by federal law, the Tribal Court shall have exclusive jurisdiction to hear all actions filed pursuant to this limited waiver of sovereign immunity.

d. No rule of law imposing absolute or strict liability shall be applied in any action under this Ordinance.

e. No award or other judgment imposing punitive or exemplary damages shall be applied in any action under this Ordinance.

f. No award for loss of consortium shall be applied in any action under this Ordinance.

g. No total award in any action under this Ordinance shall exceed $500,000 per incident. Awards may consist of actual damages and damages for pain and suffering, provided that awards for pain and suffering per individual shall not exceed fifty percent of the award for actual damages for that individual. In computing awards for pain and suffering in any particular incident, the actual damages of all individuals involved in the incident shall first be determined before any awards are made for pain and suffering.

h. Actions brought under this waiver of sovereign immunity must be filed within one year of the date the alleged facts occurred which give rise to the cause of action.

i. Except as provided in this Ordinance, notice of claims and claims for Indian Civil Rights Act violations shall be subject to the Notice and Claim provisions of the Sovereign Immunity Waiver Ordinance (MPTO No. 011092-01).

a. Indians cited by the Tribal Court for contempt of Court shall be subject to immediate arrest. Indians cited for contempt of Court are entitled to a hearing in Tribal Court prior to any finding of contempt. Indians found in contempt of Court may be fined up to $500 and/or sentenced to imprisonment for up to six months for each such finding of contempt.

b. Non-Indians found in contempt of Court may, after a hearing by the Tribal Court, be fined up to $500 for each finding of contempt and shall be subject to an emergency exclusion order.

a. Judges are authorized to develop rules of criminal procedure and evidence that are consistent with this Ordinance and with other Tribal law. The proposed rules of criminal procedure and evidence shall be effective upon submission to and approval by the Tribal Council. Until such time as Tribal criminal rules of procedure and evidence are effective, the Tribal Court shall use the Superior Court Rules of Criminal Procedure and Rules of Evidence applicable in the State of Connecticut. The Tribal Court may be guided by but shall not be bound by decisions of the Courts of the State of Connecticut which interpret the Connecticut Superior Court Rules of Criminal Procedure and Rules of Evidence.

b. In the event of conflict between the state rules of criminal procedure and evidence and Tribal law, the provisions of Tribal law shall govern.

a. A complaint shall be a written statement of the essential facts constituting probable cause to believe that an offense by an Indian has occurred. Complaints shall be made under oath and presented to a Judge of the Tribal Court. Complaints may be signed by any person, the Tribal Prosecutor, or a Tribal Police Officer.

b. The Tribal Court shall adopt forms for complaints. Originals of complaints shall be filed with the Tribal Court, designated by number and retained by the Tribal Clerk. The Tribal Court Clerk shall keep a record of the issuance and disposition of each complaint. Whenever practicable, a copy of the complaint shall be served upon the defendant at the time of execution of an arrest warrant or summons.

c. Complaints may be reviewed by a Judge of the Tribal Court even when the Judge is located off the Nation Lands. In all instances, complaints shall be deemed "filed" after judicial review.

d. Except as provided in this subsection, the essential facts alleged in a complaint and constituting probable cause to believe that an offense by an Indian has occurred shall be derived from the complainant’s personal knowledge. If the complainant is a Tribal Police officer, the essential facts may be composed of any of the following criteria or a combination thereof:

a. Subject to the provisions of Section 16 of this Ordinance, it is the policy of the Tribe to issue summonses in lieu of arrest warrants whenever possible.

b. Judges of the Tribal Court are authorized to issue arrest warrants and summonses pursuant to the provisions of this Ordinance.

c. Judges may issue arrest warrants or summonses if, based upon the complaint or such other information that may support the complaint, they are satisfied that there is probable cause to believe that an offense has occurred and that the accused person committed the offense.

d. Officers of the Tribal Police shall have authority to directly issue summonses in certain minor matters and offenses. Minor matters and offenses shall be specifically designated by the Tribal Court.

e. Arrest warrants and summonses may be issued by Judges from locations off the Nation Lands but shall be executed by the Tribal Police within the Nation Lands.

a. Warrants or Summonses. Except as provided for in Section 18 of this Ordinance, all applications for arrest warrants and summonses must be approved by a Tribal Prosecutor before submission to a Judge of the Tribal Court.

b. Except as provided in Section 18 of this Ordinance, Judges shall issue summonses rather than arrest warrants unless a Judge finds that any of the following conditions exist:

If the Judge finds that one or more of the aforementioned conditions exist, the Judge may issue an arrest warrant.

In cases where a summons has been issued by the Tribal Court in lieu of an arrest warrant, the defendant shall undergo all post arrest identification procedures on the return date of the summons. In the event that the defendant does not appear on the return date or refuses to submit to the post arrest identification procedures, the Tribal Court may, on its own, or at the request of a Tribal Prosecutor, order the issuance of an arrest warrant.

a. Subject to the provisions of Section 22(d) of this Ordinance, the Tribal Court shall authorize the Tribal Police to issue summonses in cases involving minor offenses. The Tribal Court shall determine which matters shall be considered minor offenses. Such determination shall be effective upon approval of the Tribal Council.

b. The Tribal Court shall prescribe written summons forms for minor offenses. Such forms shall contain the information needed for a complaint. Such forms shall be submitted to the Court but need not have the prior approval of the Tribal Prosecutor. Service of this type of summons may be in person or by mail.

If a defendant who has been duly summoned fails to appear or if there is reasonable cause to believe that the defendant will fail to appear, an arrest warrant shall issue.

a. In addition to the necessary information contained in the supporting complaint, all arrest warrants and summonses shall contain the following information:

b. More than one arrest warrant or summons may issue on the same complaint.

Upon execution of an arrest warrant, the Tribal Police shall:

a. Tribal Police are authorized to make arrests without previously securing an arrest warrant upon satisfaction of the following criteria:

b. As soon as practicable, but in all cases within twenty-four hours from the time a person is arrested without a warrant and detained, the Tribal Prosecutor shall file a complaint consistent with the requirements set forth in Section 14 of this Ordinance.

c. As soon as practicable after the filing of a complaint by the Tribal Prosecutor, but in all cases within twenty-four hours from the time a person is arrested without a warrant, or detained, the arrested person shall be arraigned before a Judge.

d. In cases involving minor offenses, as defined by the Tribal Court pursuant to this Ordinance, and provided that the circumstances demonstrate that the criteria in Section 22(a) have been satisfied, the Tribal Police are authorized to arrest and detain a person. In the event a summons is not issued the complaint procedures set forth in Section 14 and the post arrest procedures set forth in Section 22(b) and (c) shall apply. If the arrested subject is a non-Indian, the provisions of Section 23 shall control.

a. Persons arrested or detained for a violation of Tribal law and who, upon further investigation, are revealed to be non-Indian, shall be expeditiously transferred to the custody or control of the appropriate state or federal authorities.

b. In matters involving the arrest or detention of non-Indians and pending transfer to the appropriate federal or state law enforcement authorities, the Tribal Police may advise such persons of the Constitutional Rights enunciated in the decision of the United States Supreme Court in Miranda vs. Arizona, 384 U.S. 468 (1966).

Defendants shall be arraigned before the Tribal Court following the execution of an arrest warrant or upon their initial appearance in response to a summons or upon an arrest and detention of a person pursuant to Section 22(d).

a. Judges, whether located on or off the Nation Lands, are authorized to issue search and seizure warrants which authorize the Tribal Police to search a described area, vehicle or person and to seize property.

b. Search and seizure warrants may authorize the Tribal Police to search any area, vehicle or person and/or to seize any property within the Nation Lands.

c. Notwithstanding (a) and (b) of this Section, a search and/or seizure without a search warrant is authorized provided it does not violate the provisions of the Indian Civil Rights Act, 25 U.S.C. §1302.

a. Search and seizure warrants shall be in writing and signed by the issuing Judge.

b. Search and seizure warrants shall be issued only upon application by the Tribal Police after approval by the Tribal Prosecutor. Applications for a search and seizure warrant shall contain a showing of probable cause. Probable cause shall be shown by a written or oral statement made by a person under oath or affirmation and submitted to a Judge. The requisite showing for probable cause shall include a specific showing that the property sought to be searched for and seized includes any documents, books, papers, or other tangible items which were or are being:

c. Search and seizure warrants shall describe with particularity the area, vehicle or person to be searched and the property to be seized. Search and seizure warrants shall direct the Tribal Police to search for and to seize evidence within the described area, vehicle or person.

d. The Tribal Police serving search and seizure warrants shall utilize only the degree of force necessary to effectuate the seizure of evidence and to ensure the safety of the Tribal Police and the public.

e. The Tribal Police officer serving search and seizure warrants shall also endorse upon the copy of the warrant served the serving officer’s name, title and the place, date and time of service. The Tribal Police shall return a copy of the served warrant to the Court Clerk stating the name of the case, if applicable, and the name of the person served and the place, date and time of service. The Tribal Police officer serving the warrant shall subscribe his or her name on the return copy.

f. Search warrants shall be executed during daylight hours unless the underlying application sets forth circumstances which establish good cause for execution at any other time.

g. All search warrants shall be executed within fourteen (14) days of issuance; if not executed during that period, the warrant is void and may not be executed without a new application being filed with the Tribal Court.

h. The Tribal Police serving and executing search and seizure warrants shall make an inventory of all seized property. The Tribal Police shall leave a copy of the inventory with persons from whom property is seized. The Tribal Police shall file a copy of the inventory with the Court Clerk within seven (7) days of execution.

i. Within fourteen (14) days of the execution of search and seizure warrants, the Tribal Court shall, upon request of a purported owner of seized property, hold a hearing to determine the disposition of any property seized from said owner. Whenever practical, the Judge that issued the search and seizure warrant shall be assigned to the disposition hearing.

j. At a disposition hearing, Judges may dispose of seized property as follows:

k. Judges are authorized to prohibit the introduction or use at trial of any evidence seized in violation of this Ordinance. Persons alleging that they have been aggrieved by an unlawful search and seizure, and having reasonable grounds to believe that the evidence obtained may be used against him or her in a criminal proceeding, may apply to the Tribal Court for an order suppressing the Tribal Prosecutor’s use of such evidence. The form and time for such motion shall be prescribed by the Tribal Court.

Upon application by the Tribal Prosecutor or any defendant, the Tribal Court is authorized to order that the following documents be sealed and held confidential until further order of the Court:

Subject to the provisions of Section 27 of this Ordinance, within thirty (30) days of arraignment, and pending the adoption of formal rules of discovery by the Tribal Court, defendants shall be entitled to inspect, review, or copy any of the following materials which are within the possession, custody, or control of the Tribal Prosecutor:

Defendants are entitled to a trial by jury if:

a. Defendants who are entitled to a trial by a jury shall be tried by a jury consisting of six (6) jurors.

b. Eligible jurors shall be selected from the roll of Tribal Elders which is maintained by the Mashantucket Pequot Tribal Elders Committee.

c. The Tribal Elders Committee shall supply to the Tribal Court a list of eligible jurors on an annual basis. The Tribal Elders Committee shall certify that each Elder on the list is a resident of the Nation Lands or resides within 25 miles of the Nation Lands or has volunteered to serve as a juror when contacted by the Tribal Elders Committee.

d. In any proceeding to select jurors, the Tribal Court shall conduct a voir dire and shall determine that all prospective jurors are of sound mind and have not prejudged the case to be heard by them. The Tribal Court shall also determine that all prospective jurors are physically capable of sitting and considering the evidence and argument presented during trial. Neither the Prosecutor nor any attorney for the defendant shall be permitted to question any prospective juror.

e. Eligible jurors must not be a member of the Tribal Council, a Judge, officer or employee of the Tribal Court, or tribal police, or have been convicted of a felony within the past ten (10) years.

f. No challenges to jurors shall be allowed by the parties or their counsel.

g. Six qualified jurors shall be selected from the available pool of jurors by a random drawing of names by the Tribal Court Clerk.

h. Jurors shall only be excused from sitting;

i. upon their own request before being impaneled;

j. To reach a finding of guilty five of six jurors must vote to convict.

k. Jury verdicts shall be submitted to the Tribal Court in writing, on a form prescribed by the Court and announced orally by the jury foreman.

a. Defendants who are demonstrably indigent are entitled to an attorney at the Tribe’s expense.

b. Defendants who are Tribal members and who are or may be eligible for a distribution under the Tribe’s incentive program or other tribal per capita payment plan shall not be considered indigent for purposes of this Ordinance.

c. Defendants who are Tribal members and who are or may be eligible for a distribution under the Tribe’s incentive program or other tribal per capita payment plan shall, at their request, have an attorney appointed by a Judge from a list of approved attorneys established by the Tribal Court. Such appointments shall be paid for by the Tribe, provided that the cost of any attorney appointed and paid for by the Tribe shall be deducted from any future tribal distribution or payment to Tribal members.

d. Consistent with the provisions of this Ordinance, the Tribal Court may develop rules regarding the provision of attorneys which shall be effective upon approval by the Tribal Council.

a. The Mashantucket Pequot Tribal Council declares that it is the policy of the Tribe to require the minimum amount of bail, surety, or bond that is reasonably calculated to ensure the presence of any defendant in any future Tribal Court proceeding. The Mashantucket Pequot Tribal Council also directs the Tribal Court to avoid detention of any defendants, where reasonably possible, as a means of ensuring the presence of any defendant at any future Tribal Court proceeding.

b. Only Judges are authorized to grant bail to defendants after arrest. Judges may require bail upon such terms and conditions as are consistent with Tribal policy as stated in subsection a. of this Section and which, in the judgment of the Court, will ensure the presence of defendants in Tribal Court when required. Determinations of Judges regarding bail may be based upon but shall not be limited to the seriousness of the offense charged and the background, residence, employment and family status of defendants.

c. The Tribal Prosecutor shall provide a report to the Tribal Court at any bail hearing. Such report shall contain all information relevant to the issue of bail as may be available to the Tribal Prosecutor concerning the defendant to be bailed. Such report shall include but not be limited to:

d. The Tribal Court shall prescribe bail information forms.

e. Judges are authorized to order the release of defendants on their own recognizance and may impose terms or conditions appropriate to such release.

f. Judges are authorized to revoke the release of defendants and order them committed to jail if, at any time, a Judge determines that the terms and conditions of release will not reasonably ensure the presence of defendants in Tribal Court or if any terms or conditions of release have been violated.

g. Judges are authorized to appoint the Tribal Police to monitor the compliance of defendants with bail or release terms or conditions.

a. Consistent with Tribal policy, Judges are authorized to sentence persons convicted of an offense to probation in lieu of jail provided the offense does not provide for mandatory incarceration.

b. It is the policy of the Tribe to assign conditions to any probation. Probation conditions shall be imposed to assist persons convicted to address personal problems that may have contributed to a conviction. Conditions may include but shall not be limited to drug and/or alcohol abuse counseling, counseling to address abuse of a spouse or such other problems as, in the opinion of the Court, require remedial action. It is also the policy of the Tribe to require those who have been found guilty of injuring others to provide restitution as a condition of probation or to perform community service as deemed appropriate by a Tribal Judge.

c. Judges shall assign a probation officer to ensure that the conditions of probation are being met. Judges shall appoint Tribal Probation Officers to serve on an as needed basis. The qualifications and terms of employment for Probation Officers shall be established by the Tribal Court and shall be subject to approval by the Tribal Council.

d. Tribal Probation Officers and other persons may file complaints with the Tribal Prosecutor for alleged violations of probation. The Tribal Prosecutor may apply for an arrest warrant for persons alleged to be in violation of probation. After arrest or upon notice of an alleged violation of probation, whichever is later, a probation revocation hearing shall be held.

e. After a hearing and upon a finding that a violation of probation has occurred, Judges are authorized to revoke probation or impose additional conditions of probation.

a. Judges are authorized to issue subpoenas directing the attendance of witnesses, jurors, or such other persons as may be necessary for trial or other proceedings as well as for the production of documentary and physical evidence.

b. Subpoenas shall be issued upon the Judge’s own motion or at the written request of the Prosecutor or defendant.

c. Subpoenas shall be in writing and shall be signed by the Judge issuing them.

d. Subpoenas shall be served by the Tribal Police within the Nation Lands. The Tribal Police serving subpoenas shall endorse upon the copy of the subpoena served the officer’s name, title and the place, date and time of service. The Tribal Police shall also return a copy of the served subpoena to the Court Clerk stating the name of the case, the name of the person served, and the place, date and time of service. The serving Tribal Police Officer shall subscribe their name to the return copy.

Persons convicted in Tribal Court may be sentenced up to the maximum extent provided under the Indian Civil Rights Act, 25 U.S.C. §1302, for each such offense. Judges imposing jail sentences on persons convicted in Tribal Court, may be guided by but shall not be bound by, sentencing provisions and guidelines of Connecticut state law.

a. Persons convicted in Tribal Court of any offense may appeal to the Mashantucket Pequot Court of Appeals. All criminal appeals shall be heard by the appellate division as established in Section 21 of the Mashantucket Pequot Tribal Court Ordinance (MPTO No. 011092-02).

b. Executions of judgments or appealable orders of the Tribal Court entered under this Ordinance may be stayed, pending appeal, upon written application to and at the discretion of any Judge of the Mashantucket Pequot Court of Appeals.

c. The Mashantucket Pequot Court of Appeals may develop rules of procedure to govern proceedings for appeals in cases brought under this Ordinance and such rules shall be effective upon approval by the Tribal Council. Until such time as Tribal Rules of Appellate Procedure are effective, the Rules of Procedure applicable to the Appellate Court of the State of Connecticut shall apply.

Neither execution nor attachment shall issue against the Tribe in any suit for injury or proceedings initiated under this Ordinance.

If any part of this Ordinance is invalidated by the Tribal Court all valid parts that are severable from the invalid part remain in effect. If any part of this Ordinance is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications.

a. In construing this Ordinance, the present tense includes the past and future tenses, and the future tense includes the present tense.

b. When reference is made to any portion of this Ordinance, the reference shall apply to all amendments made hereafter.

c. In the event of any conflict between this Ordinance and Tribal ordinances or other Tribal laws, this Ordinance shall control. To the extent that this Ordinance is inconsistent with any provisions of the substantive or procedural laws of the State of Connecticut which may have been adopted by reference by this Ordinance or any other ordinance of the Tribe, the provisions of this Ordinance shall govern.

d. Section headings shall be used only for reference to format and not in construing this Ordinance.

WHEREAS, Section 15© and Section 18(a) of the Mashantucket Pequot Tribal Criminal Court Ordinance provide that certain actions shall be designated as minor matters and offenses by the Mashantucket Pequot Tribal Court: and

WHEREAS, the Mashantucket Pequot Tribal Court has designated the following as minor matters and offenses:

WHEREAS, said Ordinance provides that the Tribal Court’s designation of minor matters and offenses shall be effective upon approval by the Mashantucket Pequot Tribal Council;

NOW THEREFORE BE IT RESOLVED, that the Mashantucket Pequot Tribal Council hereby approves the Mashantucket Pequot Tribal Court’s designation of the following as minor matters and offenses:

WHEREAS, the Mashantucket Pequot Tribe (hereinafter the Tribe) has inherent authority to exercise jurisdiction over criminal matters that arise on the Mashantucket Pequot Tribal Nation Lands; and

WHEREAS, the Tribe has determined that it will exercise it’s jurisdiction to the maximum extent permitted by federal Law; and

WHEREAS, the Tribe has enacted a comprehensive criminal procedure code entitled the Mashantucket Pequot Tribal Criminal Court Ordinance, Number 113093-03; and

WHEREAS, the Tribe recognizes a need to balance the punishment of criminal offenders and protection of the community with a need to deter and rehabilitate such offenders from future criminal behaviors; and

WHEREAS, the Tribe desires to have community involvement in the criminal justice system, including meaningful participation in recommending penal, rehabilitative and other remedial resources to those established sentencing authorities; and

WHEREAS, the Tribe desires to achieve such sentencing and rehabilitative objectives through the establishment of a structural supervised program over criminal offenders;

NOW THEREFORE, BE IT RESOLVED, that the following is enacted as the Mashantucket Pequot Tribal Pre-trial Intervention Program Ordinance:

In order to provide an alternative to custodial sentencing which emphasizes rehabilitation rather than retribution and in recognition of the reality that penal consequences alone do not effectively deter future criminal activity, the Tribal Council hereby creates the Mashantucket Pequot Pre-trial Intervention Program ("PTI"). This program has among its purposes the following:

a. Establishment. The Tribal Council hereby authorizes the Mashantucket Pequot Elders Committee to appoint three elders to serve on a "Tribal Elders Rehabilitation Commission" (hereinafter the "PTI Commission"). The Commission shall provide oversight for, and input from, the Tribal community in the evaluation and implementation of rehabilitative activities for applicants for the PTI program. Elders assigned to the PTI Commission shall serve on a case by case basis during their assigned tenure.

b. Terms and Compensation. The Tribal Council shall designate one such Elder as the Chairman of the PTI Commission. All members shall serve for a one (1) year term. Attendance at a meeting by at least two (2) members of the PTI Commission shall constitute a quorum. Elders assigned to the PTI Commission shall be entitled to compensation at the rate of $150.00 per day (or a pro rata portion thereof) for their service.

c. Qualification of Elders. Elders appointed to the PTI Commission shall be physically capable of meeting and discussing the facts and criteria regarding each PTI applicant. Appointed Elders must abstain from participation in any PTI Commission activity if:

d. PTI Commission Responsibilities. The duties and responsibilities of a member of the PTI Commission shall include:

e. Standards. In determining an appropriate rehabilitative plan for a PTI applicant, the PTI Commission may utilize the criteria set forth in the PTI Ordinance and Guidelines, but the PTI Commission may also utilize their experience and knowledge of Tribal customs and standards of acceptable conduct in formulating their recommendations to achieve an applicant’s rehabilitation.

a. Establishment. The Tribal Council further authorized the establishment of the position of PTI Program Director whose compensation shall be set by the Tribal Council, and whose duties shall include the following:

b. Procedures. The PTI program shall utilize the following operational system:

Eligibility for PTI is broad enough to include all Defendants who demonstrate sufficient effort to effect necessary behavioral change and show that future criminal behavior will not occur. Any Defendant accused of an offense shall be eligible for admission into a PTI program. When the application indicates factors which would ordinarily lead to exclusion under the guidelines established hereinafter, the applicant nevertheless shall have the opportunity to present to the Program Director and through him to the Prosecutor, any facts or materials demonstrating his amenability to the rehabilitative process, showing compelling reasons justifying his admission, and establishing that a decision against enrollment would be arbitrary and unreasonable.

a. In evaluating a Defendant’s application for participation in the PTI program, consideration shall be given to the criteria set forth below:

b. In addition, the following shall be considered together thereto, with other relevant circumstances:

Enrollment in the PTI program should be conditioned upon neither informal admission nor entry of a plea of guilty. Enrollment of Defendants who maintain their innocence should be permitted unless the Defendants’ attitude would render PTI ineffective.

Effective operation of the PTI program requires that a relationship of confidence and trust be initiated and maintained between the participating Defendant and the PTI staff and the Tribal PTI Commission. No information, therefore, obtained as a result of a Defendant’s application to or participation in a PTI Program should be used in a subsequent proceeding against a Defendant to his/her disadvantage.

a. Application for PTI shall be made as soon as possible after commencement of proceedings but where a complaint is filed, not later than fourteen (14) days after original plea to the complaint. All applications for the PTI program should be processed in the order of their filing. The applicant shall file the original application with the Clerk of the Court and a copy with the PTI Program Director.

b. The PTI Program Director shall complete evaluation of the application and make recommendations thereon within fourteen (14) days after a copy of the application has been filed; notice thereof shall be given by the PTI Program Director to the Prosecutor, the Defendant, Defendant’s counsel and the designated Tribal Court Judge.

c. If the PTI Program Director recommends approval of the PTI application, then the Prosecutor shall complete his review within ten (10) days after receipt of such notice from the PTI Program Director; and within said time period, the Prosecutor shall give notice of his decision to consent or not to consent to the PTI application to the PTI Program Director, the Defendant, Defendant’s counsel and the designated Tribal Court Judge.

d. If the application is approved by the PTI Program Director and consented to by the Prosecutor, such combined action shall constitute preliminary acceptance and the PTI Program Director shall notify the Tribal PTI Commission of such preliminary acceptance. The Program Director shall then forward specific recommendations for rehabilitative activity to the Tribal PTI Commission within fourteen (14) days of the preliminary acceptance.

e. The Tribal PTI Commission shall review the PTI Program Director’s recommendations and shall schedule and hold a meeting with the PTI Program Director, the Defendant, and, if requested, the Defendant’s attorney, within fourteen (14) days of its receipt of preliminary acceptance. At such meeting, the Tribal PTI Commission shall review the Defendant’s charges and the recommendations of the PTI Program Director, including the specific recommendations for rehabilitative activity; such review shall be made in conjunction with the criteria set forth in Guideline 2. The Tribal PTI Commission may, at such meeting, ask the Defendant such questions as it deems appropriate to assist it in deciding whether to recommend application approval and in determining rehabilitative activities.

f. The Tribal PTI Commission may recommend approval or denial of the Defendant’s PTI application; and if approval is recommended, such approval may be recommended with the rehabilitative activities recommended by the PTI Program Director or such modified rehabilitative activities as are determined by the Tribal PTI Commission to be appropriate to achieve the Tribe’s goals for rehabilitation. At such meeting, the Tribal PTI Commission shall inform the Defendant of its recommendations and the Defendant shall indicate whether he consents to the recommendations, including the rehabilitative activities. In addition, the PTI Program Director shall prepare a list of the Tribal PTI Commission’s recommended rehabilitative activities and any other conditions of application approval for consent to and signature by the Tribal PTI Commission and the Defendant at the meeting. A copy thereof shall be provided to the Defendant at the meeting. If the Defendant rejects the proposed rehabilitative plan, the PTI Program Director shall recommend Defendant’s return to prosecution in the ordinary course and follow the procedures in Section 3(b)(6)(iii) of the PTI Ordinance.

g. Within seven (7) days after said meeting, all applications, including applications approved with rehabilitative recommendations consented to by the Defendant and applications denied by the Tribal PTI Commission, shall be forwarded by the PTI Program Director to the designated Tribal Court Judge. In the event the Tribal PTI Commission does not recommend application approval, or the Defendant does not consent in writing to the rehabilitative activities and any conditions recommended by the Tribal PTI Commission, the PTI Program Director shall so notify the designated Tribal Court Judge and the Defendant, in writing, within seven (7) days after the meeting.

h. All such applications and recommendations shall be acted upon by the designated Tribal Court Judge within seven (7) days after receipt of same, or at the earliest date after receipt at which a Defendant can be presented in Tribal Court before the designated Tribal Court Judge. The Court shall enter written orders detailing all rehabilitative recommendations as orders of the Court.

The decisions and reasons therefore made by the designated Tribal Judges, Prosecutor and Program Director in granting or denying a Defendant’s application for PTI enrollment, in recommending and ordering termination from the program or dismissal or charges, in all cases must be reduced to writing and disclosed to the Defendant. A Defendant may be accepted into the PTI Program by the designated Tribal Court Judge, on recommendation of the Program Director, with the consent of the prosecuting attorney, the Defendant and the Tribal PTI Commission. Rehabilitative recommendations shall also be considered by the designated Tribal Court Judge prior to the imposition of any such PTI rehabilitative conditions. Defendants recommended for enrollment by the Program Director and consented to by the Prosecutor must be presented to the designated Tribal Court Judge authorized to enter orders.

a. If an application is rejected by the Program Director, Prosecutor or the Tribal PTI Commission, an appeal may be taken by the Defendant to the Tribal Court. Any such appeal shall be filed within fourteen (14) days after the mailing of the rejection notice to the Defendant and shall be heard by the designated Tribal Court Judge. The challenge is to be based on alleged arbitrary or capricious action, and the Defendant has the burden of showing that the action taken by the Program Director, Prosecutor or the Tribal PTI Commission was an abuse of discretion in denying or refusing to consent to the application.

b. If preliminary acceptance is given to Defendant’s application but the rehabilitative recommendations made by the Tribal PTI Commission are rejected or modified by the designated Tribal Court Judge, the matter shall be re-considered by the Tribal PTI Commission and additional recommendations issued. If the Tribal PTI Commission’s new recommendations are not accepted by the Defendant, an appeal may be taken by the Defendant to the Tribal Court; such appeal shall be filed within fourteen (14) days of the mailing of the new recommendations to the Defendant by the PTI Program Director. Any such appeal shall be on the grounds above stated and shall be heard by the designated Tribal Court Judge.

c. All decisions of the designated Tribal Court Judge in appeals filed pursuant to Paragraphs a. and b. hereof, shall be final.

a. If the Defendant has been accepted into the PTI Program and has failed to perform the conditions of rehabilitation as detailed in the PTI orders of the Court, a written recommendation to return the Defendant to prosecution in the ordinary course and terminate eligibility for continued participation in the PTI Program, may be filed by either the PTI Program Director, the Prosecutor or the Tribal PTI Commission, with the designated Tribal Court Judge.

b. If such a written recommendation is filed with the designated Tribal Court Judge, the Judge shall order that the Tribal PTI Commission and PTI Program Director meet with the Defendant on a specified date. At such meeting the Tribal PTI Commission shall consider the written recommendation and provide the Defendant with the opportunity to oppose such written recommendation. The Tribal PTI Commission shall determine at such meeting whether or not it concurs with the recommendation to terminate the Defendant’s PTI eligibility and, within seven (7) days of such meeting, the PTI Program Director shall notify the designated Tribal Court Judge and the Defendant of the Tribal PTI Commission’s recommendation.

c. The Defendant shall have the right to a hearing before the designated Tribal Court Judge entering the original PTI order, if the PTI Commission recommends termination of PTI eligibility, and the Defendant files a timely motion for hearing with the Tribal Court within fourteen (14) days of the PTI Program Director’s mailing of notice to the Defendant containing the recommendation of the Tribal PTI Commission.

d. Upon the failure of the Defendant to file a timely motion for hearing, the designated Tribal Court Judge shall review the recommendations filed and render a decision as to whether Defendant’s PTI eligibility shall be terminated. In the event that the designated Tribal Court Judge decides that the Defendant’s PTI eligibility is to be terminated, the designated Tribal Court Judge shall order that the Defendant’s prosecution proceed in the ordinary course. The decision of the Tribal Court Judge, whether after motion and hearing, or based upon written recommendation, shall be final.

Consistent with the goals of the PTI Program, it shall be the duty of the designated Judge to whom any matter is presented as a result of which a Defendant may be eligible for participation in the PTI Program to determine whether all procedures for such eligibility have been followed. If such procedures have not been followed or not completed, the designated Judge shall suspend further proceedings in the matter until all such procedures have been completed in accordance with these Guidelines. The designated Judge shall also take all steps to ensure the confidentiality of all PTI records as set forth in the PTI Ordinance.

The following are declared to be offenses against the law of the Mashantucket Pequot Tribe which shall be punishable in the Courts of the Mashantucket Pequot Tribe by imprisonment for a term of not more than one year and a fine of not more than $5,000.00, or both:

The Mashantucket Pequot Tribal Police Department is hereby established as the law enforcement agency of the Mashantucket Pequot Tribe, to have and exercise all of the sovereign law enforcement powers of the Mashantucket Pequot Tribe within the Mashantucket Pequot Reservation, including all lands now or hereinafter held in trust for the Tribe by the United States or held by the Tribe subject to restriction against alienation imposed by the laws of the United States. The Mashantucket Pequot Tribal Police Officers shall be subject to and shall satisfy the requirements set forth in the Federal Register for Bureau of Indian Affairs law enforcement programs, including without limitation each of the training requirements thereof, and such regulations are hereby adopted as the law of the Tribe.

Mashantucket Pequot Tribal Police Officers shall have the following powers:

The Mashantucket Pequot Tribal Police Department shall be under the direction and management of a Chief of Police, who shall be appointed by and serve at the pleasure of the Mashantucket Pequot Tribal Council. The Chief of Police shall have the authority, acting on behalf of the Tribe:

The Mashantucket Pequot Tribal Police shall exercise all of the responsibilities of the Tribal law enforcement agency as defined by the Final Mashantucket Pequot Gaming Procedures, 56 Fed. Reg. 24996 (May 31, 1991).

The Chief of Police and other law enforcement officers are officers of the Mashantucket Pequot Tribe and shall be immune from suit or other liability when exercising the duties and powers of their respective offices within the scope of their authority. The Chief of Police and other law enforcement officers shall be indemnified and held harmless by the Mashantucket Pequot Tribe for any claim of damages for which they may be held personally accountable for actions which they may take in the course of their official duties so long as such actions were made within the scope of their authority and taken in good faith in the belief that such actions were lawful.

WHEREAS, the Mashantucket Pequot Tribe (the "Tribe") is a federally recognized Indian Tribe and, in order to more fully exercise their inherent tribal sovereignty, has taken jurisdiction over criminal matters that arise on the Mashantucket Pequot Reservation; and

WHEREAS, the Tribe has provided that Tribal elders shall participate in the criminal justice system by serving on a Tribally established Pre-Trial Intervention Program (herein PTI) and that they shall also serve as jurors in criminal trials; and

WHEREAS, it is essential that the elders be protected from intimidation or the threat of actual physical violence as a result of or relating to their service as either member of the PTI program or as jurors in criminal trials;

NOW THEREFORE BE IT RESOLVED, the Mashantucket Pequot Tribal Council hereby approves the following:

BE IT FURTHER RESOLVED, that whoever is convicted under the provisions of this Ordinance shall be guilty of interfering with a Tribal official in the course of their duty and, in addition to any other offense that may be provided for in MPTO No. 112091-01, shall be punished by incarceration for up to a year in jail and/or a fine of $5,000.00.

It is essential that Tribal Council members be protected from intimidation or the threat of actual physical violence. Whoever threatens the life of, assaults, batters or otherwise physically harms or attempts to harm any member of the Mashantucket Pequot Tribal Council, shall be guilty of a criminal offense. In a prosecution of an offense under this law, the Tribal Prosecutor need not prove that the defendant knew that the victim of the offense was a member of the Mashantucket Pequot Tribal Council.

The Tribal Council has previously provided that it is essential that certain officers of the Tribal Government, such as the Tribal Council, the Peacemakers Council, and the Tribal Court, be protected from intimidation or threat of actual physical violence as a result of or relating to their services on behalf of the Tribal Government; and

The Tribal Council believes it is necessary to formally extend this protection to all officers of the Tribal Government, including members of the Tribal Council’s Standing Committees and Teams.

a. Any person who is a physician, surgeon, dentist, podiatrist, chiropractor, dental hygienist, optometrist, medical examiner, emergency medical technician, paramedic, or health care provider, teacher, school counselor, instructional aide, teacher’s aide, teacher’s assistant, or bus driver or monitor employed by the Tribe, administrative officer, supervisor of child welfare and attendance, or truancy officer of any tribal school, child day care worker, headstart teacher, public assistance worker, worker in a group home or residential or day care facility, or social worker, psychiatrist, psychologist, or psychological assistant, licensed or unlicensed marriage, family, or child counselor, person employed in the mental health profession, or law enforcement officer, probation officer, worker in a juvenile rehabilitation or detention facility, or person employed in an agency who is responsible for enforcing statutes and judicial orders, or any person who supervises or has control over children or who has regular contact with children, who knows, or has reasonable suspicion that a child was neglected or abused, or that actions are being taken, or are going to be taken, that would reasonably be expected to result in the neglect or abuse of a child, shall immediately report such neglect or abuse to the Tribe’s child protective services or law enforcement service, or both.

b. Any person who fails to immediately report such neglect or abuse to the child protective services or law enforcement service shall be fined and imprisoned as provided by Tribal law.

The terms used in this Ordinance are further defined by the Child Protection and Family Preservation Act and shall be deemed incorporated herein by reference.

Any person making a report of suspected child neglect or abuse which is based upon their reasonable belief and which is made in good faith shall be immune from civil or criminal liability for making such report and, if employed by the Tribe, shall not be subject to discipline, suspension, or termination.

WHEREAS, the Mashantucket Pequot Tribe is a federally recognized Indian Tribe with powers of self-government over its lands, and

WHEREAS, the Indian Gaming Regulatory Act, Pub.L. 100-497, 25 U.S.C. § 2701 et seq., authorizes the Tribe to enact an Ordinance to regulate certain types of Class II and Class III gaming activities as defined in that Act on lands within the jurisdiction of the Tribe, and

WHEREAS, the terms of a Tribal-State Compact governing Class III gaming activities on lands within the jurisdiction of the Tribe have been established in accordance with the provisions of the Indian Gaming Regulatory Act; and

WHEREAS, the Mashantucket Pequot Tribal Council is the duly constituted governing body of the Mashantucket Pequot Tribe and is empowered by the Constitution and By-Laws of the Tribe to enact this Tribal Gaming Ordinance;

NOW THEREFORE BE IT RESOLVED THAT, the following is enacted as the Mashantucket Pequot Tribal Gaming Ordinance:

It is the purpose of this Ordinance to provide for the sound regulation of all gaming activities on lands within the jurisdiction of the Mashantucket Pequot Tribe, in order to protect the public interest in the integrity of such gaming activities, to prevent improper or unlawful conduct in the course of such gaming activities, and to promote the development of a balanced Tribal economy by dedicating all of the net revenues from such gaming activities to the public purposes of the Tribe.

In accordance with Section 13(d) of the Compact, the Compact is hereby incorporated within and enacted as an integral part of this Ordinance with respect to all forms of Class III gaming, and the Compact including the Appendices thereto is appended to and made a part of this Ordinance as if set forth in full herein; provided, however, that nothing in the adoption of the Compact herein shall be deemed to affect the operation by the Tribe of any Class II gaming, whether conducted within or without the gaming facilities, or to confer upon the State any Jurisdiction over such Class II gaming conducted by the Tribe on its Reservation.

a. Forms of Class III gaming authorized. The Enterprise on behalf of the Tribe may conduct the following types of Class III gaming:

b. Authority for Class II gaming. In addition to the forms of Class III gaming authorized pursuant to Section (a) hereof, the Tribe shall be authorized to conduct all forms of Class II gaming on the Reservation, including without limitation any form of bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith), pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo so long as played at the same location as bingo.

This Ordinance shall be construed in a manner which conforms to the Act in all respects, and if inconsistent with the Act in any manner, the provisions of the Act shall govern.

Any individual who violates any provision of this Ordinance, including the provisions of the Compact incorporated herein, shall be subject to civil penalties including exclusion from employment by any Tribal gaming enterprise, exclusion from attendance at any Tribal gaming facility, exclusion from the Reservation if a non-member of the Tribe, or, with respect to any person subject to the jurisdiction of the Tribe to impose such fines, a fine of not more than $500.00 for each such violation. The Commission established pursuant to this Ordinance shall have the jurisdiction to impose any such penalties on any person within the jurisdiction of the Tribe to impose such penalties.

a. Establishment of Commission. There shall be established a Mashantucket Pequot Tribal Gaming Commission consisting of a chairman and two other members who shall be appointed by the Tribal Chairman with the advice and consent of the Tribal Council, at least two of whom shall be members of the Tribe, but none of whom shall be employees or Directors of the Enterprise, and who shall each serve for a term of three years commencing on the date of their appointment; provided, that the initial members so appointed shall serve for terms deemed to commence on January 31, 1991 and one of the initial members appointed shall be designated to serve for an initial term of one year and one of the initial members appointed shall be designated to serve for an initial term of two years. The members of the Commission shall serve on a part time basis and shall establish the compensation of members of the Commission with the approval of the Tribal Council. Members of the Commission may be removed with or without cause by a vote of a majority of the members of the Tribal Council then in office. Vacancies in the Commission may be filled by appointment by the Tribal Chairman pending action by the Tribal Council. No member or employee of the Commission shall participate as a player in any gaming activity conducted by the Tribe.

b. Powers and duties of Commission. The Commission shall have the following powers and duties:

c. Chairman. The Chairman of the Commission or any other member of the Commission acting in the absence of the Chairman may, whenever he deems it necessary to protect the public interest in the integrity of Tribal gaming operations, issue in the name of the Commission any order which the Commission has the power to issue, to the Enterprise or to any employee or contractor of the Enterprise or to any other person within the jurisdiction of the Tribe, to take any action or cease and desist from any action as may be required to protect to the public interest; provided, that such order shall be subject to review by the Commission at its earliest opportunity, whereupon it may be confirmed or vacated by the Commission.

d. Executive Director. The Commission shall appoint an individual to serve as a full time Executive Director of the Commission to administer its responsibilities on a day to day basis and to oversee inspectors appointed by the Commission as well as such other staff as the Commission may from time to time employ. The Executive Director shall be responsible for coordination of the functions of the Commission with the State Police and the State Gaming Agency. The Chairman may request the Executive Director to conduct a preliminary investigation and render a recommendation to the Commission with respect to the grant or denial of any license, the imposition of any penalty, the investigation of any complaint, or any other action within the jurisdiction of the Commission. The Executive Director shall have the power, in the name of the Commission, to conduct any hearing, investigation or inquiry, compel the production of any information or documents, and otherwise exercise the investigatory powers of the Commission, which the Commission may exercise under this Ordinance.

e. Procedures of the Commission.

a. Games of chance. The initial standards of operation and management for games of chance adopted in accordance with §7(a) of the Compact shall be those set forth as Appendix A of the Compact.

b. Pari-mutuel wagering. The initial standards of operation and management for pari-mutuel wagering adopted in accordance with §8(a) of the Compact shall be those set forth as Appendix B of the Compact.

c. Lottery Games. The initial standards of operation and management for lottery games adopted in accordance with Section 9(a) of the Compact shall be those set forth as Appendix C of the Compact.

d. Class II Games. The Commission shall adopt standards of operation and management for Class II games and, pending such adoption, may direct the Enterprise to comply with such standards as the Commission may determine necessary to protect the integrity of such Class II games. The standards of operation and management for Class II games shall provide, at a minimum, that:

It shall be a violation of this Ordinance for any person to:

The Mashantucket Pequot Bingo Control Ordinance is hereby repealed; provided, however, that the Mashantucket Pequot Bingo Control Commission, the Tribal Bingo Operation and the General Manager of the Tribal Bingo Operation shall continue to exercise their respective powers and carry out their respective functions and duties under the former Bingo Control Ordinance until the Commission determines and notifies each of them, respectively, and the Tribal Council, that the Commission or the Enterprise, as the case may be, has organized and is prepared to assume its responsibilities under this Ordinance.

WHEREAS, the development of the Mashantucket Pequot Gaming Enterprise [hereinafter Gaming Enterprise] has resulted in increased numbers of non-members coming onto the Mashantucket Pequot Gaming Enterprise site. In some instances non-members are not aware that when entering the Gaming Enterprise site, they are entering a jurisdiction which is separate and distinct from the State of Connecticut; and

WHEREAS, the Mashantucket Pequot Tribe [hereinafter the Tribe] is immune from suit except to the extent that immunity has been explicitly waived by federal or tribal law. The Gaming Enterprise is an arm of the Tribal government and shares the sovereign immunity of the Tribe; and

WHEREAS, the Mashantucket Pequot Tribal Council [hereinafter Tribal Council] recognizes that its sovereign immunity will not permit suit against it and further recognizes this sovereign immunity doctrine may generate resentment by injured parties; and

WHEREAS, the Tribal Council also recognizes that the Tribe relies upon the Gaming Enterprise to provide funding to support essential Tribal services and functions and that unlimited liability could disrupt the provision of such essential services and functions; and

WHEREAS, the Tribal Council, in order to provide an equitable policy, hereby adopts a Tribal Ordinance which states the expressly limited circumstances under which a person may file a claim against the Gaming Enterprise for injuries; and

WHEREAS, this Ordinance does not constitute a general waiver of Tribal sovereign immunity. This Ordinance applies only to those activities undertaken by the Gaming Enterprise or its employees and which occur on the gaming enterprise site as defined by Resolution #022591-02 (Section 3). This Ordinance is intended to permit only those claims which are considered actions arising in tort under Connecticut state law or tribal law and which are covered by the liability insurance of the Gaming Enterprise. This Ordinance is to be strictly construed;

NOW, THEREFORE, BE IT RESOLVED THAT, the following is enacted as the Mashantucket Pequot Tribal Sovereign Immunity Waiver.

This Ordinance shall be known as the Mashantucket Pequot Sovereign Immunity Waiver Ordinance.

Unless otherwise required by the context, the following words and phrases shall be defined as follows:

This Ordinance shall become effective immediately upon approval by the Tribal Council.

a. The sovereign immunity of the Tribe shall continue except to the extent that it is expressly waived by this Ordinance. Members of the Tribal Council remain immune from suit for actions taken during the course and within the scope of their duties as members of the Tribal Council.

b. The Gaming Enterprise may be sued solely in the Mashantucket Pequot Tribal Court/Gaming Enterprise Division. The Tribe has not waived the immunity of the Gaming Enterprise from suit in state or federal Court.

c. The sovereign immunity of the Gaming Enterprise is waived in the following instances:

a. No rule of law imposing absolute or strict liability shall be applied in any claim for injuries under this Ordinance.

b. No award or other judgment imposing punitive or exemplary damages shall be applied in any claim for injuries under this Ordinance.

c. No award for loss of consortium shall be applied in any claim for injuries under this ordinance.

d. No award for pain and suffering or mental anguish shall be applied except where such award does not exceed fifty percent of the actual damages sustained and provided that any such award is expressly covered by the liability insurance of the Gaming Enterprise without regard to any deductible amount contained in the insurance policy.

Volunteers duly authorized by the Tribe or Gaming Enterprise, in performing any of their authorized functions or duties or training for such functions or duties, shall have the same degree of responsibility for their actions and enjoy the same immunities from suit as the Gaming Enterprise.

This Ordinance does not immunize employees of the Gaming Enterprise from individual liability for the full measure of the recovery applicable to a claimant if it is established that their conduct exceeded the scope of their employment or authority. Claims for individual liability arising out of conduct which is found to exceed the scope of employment and which arise on the Gaming Enterprise site shall be heard only in the Tribal Court.

If the Tribal Court determines that the injuries claimed arose from an act or omission of an employee of the Gaming Enterprise which was willful and wanton or otherwise outside the scope of employment or authority of the Gaming Enterprise, then the Gaming Enterprise may request and the Court may order the individual defendant named in the claim to reimburse the Gaming Enterprise for costs and attorney fees which may have been incurred in the defense of such employee.

In any claim concerning a single occurrence, the maximum amount of any award under this Ordinance, including damages, Court costs, interest, and any other costs shall be:

a. Claims brought under this Ordinance must be preceded by a written notice filed with the Tribal Court by the claimant or the claimant’s representative within 180 days after the claim accrues.

b. The notice shall contain the following:

c. All claims must be filed along with a proof of compliance with this subsection.

d. The Tribal Court Clerk shall, within five days of the filing, refer all claims for less than $10,000 in actual damages to the Mashantucket Pequot Office of the Magistrate.

All claims shall be filed within 180 days of the date on which they accrued. Claims brought under this Ordinance shall be deemed to accrue on the date when the injury is sustained.

Any claim brought under this Ordinance shall be determined by the Tribal Court in accordance with Tribal law and the principles of law applicable to similar claims arising under the laws of the State of Connecticut.

Neither execution nor attachment shall issue against the Gaming Enterprise or the Tribe in any claim for injury or proceedings initiated under this Ordinance.

If any part of this Ordinance is invalidated by the Mashantucket Pequot Tribal Court all valid parts that are severable from the invalid part remain in effect. If a part of this Ordinance is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications.

a. In construing this Ordinance, the present tense includes the past and future tenses, and the future tense includes the present tense.

b. When reference is made to any portion of this Ordinance, the reference shall apply to all amendments made hereafter.

c. All Tribal Ordinances or other laws inconsistent with this Ordinance are hereby repealed. To the extent that this Ordinance provides other than any other tribal law governing tort claims against the Gaming Enterprise, this Ordinance shall govern.

d. Section headings shall be used only for reference to format and not in construing this Ordinance.

The Mashantucket Pequot Tribe finds that there is no resource more vital to its continued existence and integrity than its children. The Tribe recognizes that extended family relations are essential components of the Tribal community. The Tribe hereby declares that it is the policy of this Nation to protect the health and welfare of children and families within the Mashantucket Pequot community, to promote the security of community, and to preserve the unity of the family by enhancing the parental capacity for good child care and development and providing a continuum of services for children and families with an emphasis, whenever possible, on prevention, early intervention, and community-based solutions.

For these purposes, the Tribe further declares that is the policy of this Nation to require the reporting of suspected child neglect and abuse, the investigation of such reports, and where needed to secure the safety and well-being of the child or children involved, the judicial intervention for the removal of children from their families and the placement of such children in Tribally-approved foster or protective care homes which will reflect the values and culture of the Tribe.

The Health and Human Services Department shall have general supervision over the provision of services to children and families who require the care and protection of the Tribe.

a. There is hereby established a division of the Tribal Court to be known as the Family Court, which shall have exclusive jurisdiction over any child custody proceeding involving a child who resides or is domiciled within the Mashantucket Pequot Reservation, settlement area, or trust lands, or a child who is a ward of the Court, notwithstanding the residence or domicile of the child. Where the Family Court asserts jurisdiction over a child pursuant to this Ordinance, the Court shall also have jurisdiction over any adult residing in the child’s home to the extent necessary to issue any orders protecting the best interests of the child.

b. The Family Court shall have the authority to issue all orders necessary to ensure the safety of children within the jurisdiction of the Tribe, including the issuance of subpoenas and orders of restriction, the imposition of fines and sanctions for contempt, and such other orders as may be appropriate. All actions brought under this Ordinance shall be determined by the Court in accordance with Tribal law. The Court may be guided, but not bound by, the principles of law applicable to similar claims arising under the laws of the State of Connecticut or of the United States.

c. The Family Court may accept a transfer of jurisdiction from any Court of competent jurisdiction involving a child custody proceeding of a child not domiciled or residing within the Reservation, upon the petition of either parent or the child’s custodian, or the Tribe; provided however, that the Family Court may decline to accept jurisdiction over a child custody proceeding when there is good cause to decline such jurisdiction. The Family Court may transfer a child custody proceeding to an appropriate Court of competent jurisdiction when the transfer is in the best interests of the child.

d. The Family Court shall give full faith and credit to the public acts, records and judicial decrees applicable to child custody proceedings of any Court of competent jurisdiction to the same extent that such Court gives full faith and credit to the public acts, records and judicial decrees of the Tribal Court.

e. In any child custody proceeding in a state Court, the Tribe shall have the right to intervene at any point in the proceeding to protect the best interests of the child.

f. Family Court Judges shall meet the general qualifications for Tribal Court Judges, and, in addition, shall have significant training and experience in child welfare matters, and be familiar with the Indian Child Welfare Act, 25 U.S.C. § 1901-1923, and the Indian Child Protection and Family Violence Prevention Act, 25 U.S.C. § 3201-3211, 18 U.S.C. § 1169. The Family Court may establish qualifications for additional Court personnel as needed, such as Guardians Ad Litem, Court Appointed Special Advocates, Special Investigators.

Unless otherwise required by the context, the following words and phrases shall be defined accordingly:

Miscellaneous words listed in singular form may be considered to include the plural form of each word and vice versa except where the context clearly indicates otherwise, and the use of she/her means she or he, her or his.

Pursuant to the Indian Child Protection and Family Violence Prevention Act, 25 U.S.C. § 3201-3211, and 18 U.S.C. § 1169, the following procedures shall be followed for reporting child abuse or neglect.

a. In any case where the LES or CPS reasonably believe that the child has been subjected to neglect or abuse, officials of those agencies shall be allowed to take photographs, x-rays, medical and psychological examinations of the child and interview the child without first obtaining the consent of the parent, guardian/custodian.

b. All examinations and interviews of a child who may have been subjected to neglect or abuse shall be conducted under the supervision of the MDT and in a manner that minimizes additional trauma to the child.

c. The expense of such examinations and diagnostic tests shall be paid by the parents or guardian/custodian of the child, or if they are unable to pay, by HHS, which may seek reimbursement according to Tribal law.

a. If a child is in imminent danger from her surroundings and removal from such surroundings is necessary to insure the child’s safety, the LES or CPS may remove the child from such surroundings without a Court order and place her in protective care or a foster home. A child shall be considered to be in imminent danger when:

b. When a child is removed, the LES or CPS shall make reasonable efforts to contact a member of the child’s extended family.

c. Such removal shall not exceed ninety-six (96) hours, within which time an Emergency Protective Care Petition shall be filed with the Court or the child shall be returned to her parent or guardian/custodian.

d. If a Petition is filed, the procedures for removal shall be followed, provided that the Court shall schedule a hearing on the Petition within ten (10) days from the date the Petition was filed.

a. If the investigation produces evidence that the child has been neglected or abused and is in need of care, the Tribal Prosecutor shall file a Protective Care Petition.

b. The Petition shall set forth the following:

c. The Court shall schedule a hearing on the Petition within twenty (20) days from the date the Petition was filed. Upon petition or its own initiative, the Court may order that a social study of the child’s home and family or an evaluation of matters relevant to the disposition of the case be made.

d. Upon the filing of the Petition, the Court shall cause a Summons to be issued requiring the parents and any other persons necessary or proper to the proceedings to appear in Court at the time and place named therein. The Summons and Petition shall be personally served upon the party at least ten (10) days before the scheduled hearing. If the party to be served is not within the Reservation boundaries or personal service cannot be effected, the Summons and Petition may be served by certified or registered mail, with a return receipt requested. The Summons shall contain the following information:

The purpose of the Hearing is to determine whether or not the child is in need of care and Court intervention and protective supervision are necessary to protect the best interests of the child.

a. The Court shall enter a written order with specific findings of fact and conclusions of law.

b. If the Court concludes that removal or continued out of the home placement is not warranted, the child shall be returned immediately to the custody of her parents, custodian/guardian; provided however, that the Court may define the terms and conditions for returning the child to her home, continued Court jurisdiction and protective supervision.

c. If, pursuant to Section 5.c.(2), the Court finds that removal or continued removal is in the best interests of the child, the Court shall determine:

d. Where the evidence demonstrates that the activities of a particular person in the household are the basis for the Court’s finding that removal of the child is required, the Court may, pursuant to its civil regulatory authority, issue a restraining order preventing that person from residing in the residence in lieu of removing the child.

e. The expense for any temporary care and custody shall be paid by the parents or guardian/custodian, or if they are unable to pay, by HHS which may seek reimbursement according to Tribal law.

a. The Court may exercise continuing jurisdiction over the supervision of such child custody proceeding for so long as it deems necessary to protect the child’s best interests. The status of all children who have come within the supervision of the Court shall be reviewed by the Court at least every three (3) months at a hearing to determine whether or not the placement conditions have been met and whether or not Court supervision shall continue.

b. The first review following a formal hearing on the Petition shall be held within forty-five (45) days of the Court’s decision.

c. If continued Court supervision and intervention is necessary, the Court shall set forth the following in a written order:

a. Whenever the Court has adjudged a child to be in need of protective or foster care, the child shall be placed in the least restrictive setting which most approximates a family and in which her special needs, if any, may be met. The child shall also be placed within reasonable proximity to her home, taking into account any special needs of the child. A placement preference shall be given, in the absence of good cause to the contrary and taking into consideration the child’s age and maturity, to a placement with:

b. Where a child is placed outside of the Tribal community, the Tribal Court shall include in its order provisions for continuing contact between the child and the Tribal community.

a. This Section shall apply to the emergency removal of a child who is in imminent danger.

b. When a physician indicates that in her professional opinion, the life of the child would be greatly endangered or that there is a strong likelihood that the child would suffer permanent and/or serious harm without specified treatment, the protective or foster care parent or the Family Court on an ex parte basis may authorize emergency medical treatment. Every effort shall be made to contact the child’s parents and HHS before authorization is given. The child’s parents or an extended member of the child’s family shall be notified of the emergency treatment immediately thereafter.

a. HHS shall compile a list of all positions which involve regular contact with, or control over, Indian children.

b. HHS shall, in conjunction with the LES, conduct an investigation of the character of each individual who is employed, or is being considered for employment by the Tribe, in a position listed in subsection a. of this Section.

c. The minimum standards of character that are to be prescribed under this Section shall ensure that none of the individuals employed in any position listed in subsection a. have been found guilty of, or entered a plea of no contest or guilty to, any offense under federal, state or tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, or crimes against persons.

a. The identity of any person making a report of suspected child neglect or abuse shall not be disclosed, without the consent of the individual, to any person other than a Court of competent jurisdiction or an employee of the tribe, or state or federal government, who needs to know the information in the performance of such employee’s duties.

b. Pursuant to 25 U.S.C. § 3205, 5 U.S.C. § 552a, and 20 U.S.C. § 1232g, or any other provision of law, agencies of the tribe that investigate and treat incidents of child abuse may provide information and records to those agencies of any other tribe, state, or the federal government that need to know the information in the performance of their duties.

The LES and CPS shall maintain a registry of all reports of suspected child neglect or abuse, and the information contained in the reports and any other information relative to the report, wherever located, shall be confidential, subject to their use and access as required for any interview, examination, investigation, or prosecution, or to prevent or discover further abuse of children.

a. A record of all hearings under this Ordinance shall be made and preserved.

b. All Family Court, LES, CPS, and HHS records shall be confidential and shall not be open to inspection, except by the LES, CPS, HHS or Family Court personnel directly involved in handling the case, or any other person by order of the Court, having a legitimate interest in the particular case or work of the Court.

a. Upon a motion of any party to the proceeding or any other person or entity who would have had the right to be a party to the proceeding, the Court may conduct a hearing to modify, revoke or extend a Court order made under this Ordinance.

b. Any hearing to modify, revoke or extend a Court order shall be held in accordance with the procedures established by the Tribal Court.

Appeals from decisions by the Family Court under this Ordinance may be made by any party in accordance with the rules governing the Appellate Court of the Mashantucket Pequot Tribe.

If a child is under the age of fourteen (14) years, the Court may appoint a guardian over the person of a child. If the child is fourteen (14) years of age or older, she may nominate her own guardian who, if approved by the Court, shall be appointed accordingly. If the guardian nominated by the child is not approved by the Court, or if the child resides outside of the Reservation, or if, after being duly cited by the Court, the child fails to nominate a suitable person, the Court may nominate and appoint the guardian in the same manner as if the child were under the age of fourteen (14) years.

a. The petition for guardianship may be filed by any of the following persons:

b. The petition for guardianship shall include the following information:

c. If the information required under subdivisions (2), (3) and (7) of subsection b. of this Section is not stated, the petition shall be dismissed. If any of the other facts required hereunder are not known or cannot be ascertained by the petitioner, the petitioner shall so state in the petition. The petitioner shall sign and date the petition, and attest to the veracity of the information contained therein.

a. Whenever, with respect to any petition filed under this Ordinance, it appears that either parent of the child is a minor or incompetent, the Court shall appoint a Guardian Ad Litem for such parent. The Guardian Ad Litem shall be an attorney authorized to practice law in Tribal Court.

b. The Guardian Ad Litem shall be allowed reasonable compensation which shall be assessed against the petitioner. If the Court finds that the petitioner is unable to pay, the reasonable compensation shall be paid by Court, which may seek reimbursement of such fees according to Tribal law.

a. If a petition indicates that either or both parents consent to the guardianship, or if any time following the filing of a petition and before the entry of a final decree, a parent consents to the guardianship, each consenting parent shall acknowledge such consent in writing on a form promulgated by the Chief Judge, before the Court, evidencing to the satisfaction of the Court that the parent has voluntarily and knowingly consented to the guardianship and that the terms and consequences of such consent are understood by the parent. The Court shall also certify that either the parent or guardian fully understood the explanation in English or that it was interpreted into a language that the parent or guardian or custodian understood.

b. No voluntary consent to guardianship by a mother shall be executed prior to or within ten days after the birth of the child. A minor who is a parent shall have the right to consent to the guardianship and such consent shall not be voidable by reason of such minority.

c. In any voluntary proceeding the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree, and where the child has been placed out of the family, the child shall be returned to the parent unless the Court finds good cause to the contrary not to return the child.

a. Upon the filing of a petition for guardianship, the Court shall set a time for hearing the petition. The time for the hearing shall not be more than thirty days after the filing of the petition.

b. The Court shall cause a notice of the hearing to be given to the parents of the minor child, including any parent of a minor who is himself a parent, the guardian or any other person whom the Court deems appropriate, the Director of Health & Human Services, and to the child if he is over the age of fourteen years. The notice shall state that the party for whom a guardianship is being sought has the right to be represented by counsel.

c. Notice of the hearing and a copy of the petition, certified by the petitioner or his attorney or the Court Clerk, shall be served at least ten days before the date of the hearing by personal service on the persons enumerated in subsection b. of this Section. If personal service cannot be reasonably effected or the address of any person is unknown, a Judge or Court Clerk shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without Connecticut, or if no such address is known, in a newspaper of general circulation in the region where the Court is located.

d. Notice and appearance may be waived by a parent in writing before the Court, provided that such parent has been apprised by the Court of the meaning and consequences of the guardianship action. The parent who has executed such a waiver shall not be required to appear at the subsequent hearing. Where the parent is a minor, the waiver shall be effective only upon approval by the Court.

a. At the hearing held on the petition for the guardianship, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If the parent who is consenting to the guardianship appears at the hearing, the Court shall explain to the parent the meaning and consequences of the guardianship action.

b. Upon finding at the hearing or at any time during the pendency of the petition that reasonable cause exists to warrant an examination, the Court, on its own motion or on motion of any party, may order the child to be examined by a physician, psychiatrist, or licensed clinical psychologist appointed by the Court. The Court may also order an examination of a parent or guardian whose competency or ability to care for a child before the Court is at issue. The expenses of any examination if ordered by the Court shall be paid by the petitioner, or if ordered on motion by a party, shall be paid for by that party unless such party or petitioner is unable to pay, in which case, they shall be paid by the Court. The Court may consider the results of the examination in ruling on the merits of the petition.

c. The Court may, in any contested case, request the Health and Human Services Department to make an investigation and written report to the Court within forty-five (45) days from receipt of such request. The report shall indicate the physical, mental and emotional health of the child and shall contain such facts as may be relevant to determine whether the proposed guardianship will be in the best interests of the child, including the physical, mental and social and financial condition of the proposed guardian, and any factors which the agency deems relevant to determine whether the proposed guardianship will be in the best interests of the child.

d. If such a report is requested, the Court shall schedule a hearing not more than thirty (30) days from the date the expiration of the forty-five (45) day time period or receipt of the report, whichever is earlier. The Court shall give reasonable notice of the investigation hearing to all parties to the first hearing.

e. The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness and subject himself to examination.

f. At either the investigation hearing or the first hearing, if no investigation and report has been requested, the Court may approve the petition for guardianship and may appoint a guardian of the person of the child, if it finds by a preponderance of the evidence, including the testimony of a qualified expert witness, that the guardianship is in the best interests of the child, and, with respect to any consenting adult that such consent was voluntarily and knowingly given.

g. If the Court denies a petition for guardianship, with or without consent, it may refer the matter to the Health and Human Services Department to assess the needs of the child, the care the child is receiving, and a remediation plan for the parent.

a. The Court shall make written findings in determining whether to appoint a guardian based on a consideration of:

b. Whenever the Court finds that a guardian should be appointed, the Court shall appoint either a temporary or permanent guardian over the person of the child under such terms and conditions as the Court sets forth in the written order. An appointment of a guardianship shall not terminate the parental rights of the parents, however, the guardian shall have the responsibility for the care, custody and education of the child until she attains the age of eighteen (18) years, marries, is emancipated by the Court, or until the guardian is legally discharged. The guardian shall also have the authority to consent to the medical care and treatment of the child. The Court may grant visitation rights to the parents and the child’s extended family under the terms and conditions as the Court deems to be in the best interests of the child. The guardian shall not have the authority, without the express written consent of the Court, to use or dispose of any real or personal property of the child in any manner.

c. Any support obligation existing prior to the effective date of the Court’s order shall not be severed or terminated.

a. A temporary guardianship may be terminated upon a determination that it is in the best interests of the child to change custody from the guardian to a new guardian or to return the child to the child’s parent.

b. A permanent guardianship shall only be terminated upon a determination of the unsuitability of the permanent guardian rather than the competency or suitability of the parents.

a. The Court may appoint a guardian of the property of a child under such express terms and conditions as the Court deems to be in the best interests of the child and not inconsistent with Tribal law.

b. The guardianship of the property may be limited to specific property or a specific legal action or it may extend until the child attains the age of eighteen (18) years.

c. The property and funds of the child shall be used by the guardian solely for the child’s support and education, and shall be expended by the guardian in a manner as can reasonably be afforded according to the income and estate of the child. If the Court determines it appropriate, the written order may set forth that the child’s property may not be used for the child’s care, but rather to be managed for the child until the child attains the age of eighteen (18) years, marries, is emancipated by the Court, or until the guardian is legally discharged.

The status of all children who have been placed with a guardian pursuant to this Ordinance shall be reviewed by the Court at least once a year, or as otherwise directed by the Court. Whenever a guardian of the child’s property has been appointed, the guardian shall submit a yearly accounting regarding the guardian’s use of the child’s property to the Court for review and approval.

The purpose of this law is to provide for the voluntary or involuntary termination of the parent-child relationship by Court order resulting in the complete severance of the legal relationship, with all its rights and responsibilities, between the child and his parents so that the child is free for permanent placement or adoption, except that it shall not affect the right of inheritance of the child or the child’s membership rights in the Tribe. This law shall be construed in a manner consistent with the philosophy that the family unit is of most value to the community and to individual family members when that unit remains united and together, and that termination of the parent-child relationship bears such permanent effects that it should be used only as a last resort when, in the opinion of the Court, all efforts have failed to preserve a viable family unit and termination is in the best interests of the child concerned.

a. Whenever, with respect to any petition filed under this Ordinance, it appears that either parent of the child is a minor or incompetent, the Court shall appoint a Guardian Ad Litem for such parent. The Guardian Ad Litem shall be an attorney authorized to practice law in Tribal Court.

b. The Guardian Ad Litem shall be allowed reasonable compensation which shall be assessed against the petitioner. If the Court finds that the petitioner is unable to pay, the reasonable compensation shall be paid by Court, which may seek reimbursement of such fees according to Tribal law.

a. A petition to terminate parental rights may be filed by any of the following persons:

b. The petition for termination of parental rights shall be entitled "In the interests of (Name of Child), a person under the age of eighteen years," and shall set forth with specificity:

c. If the information required under subdivisions (2) and (6) of subsection b. of this Section is not stated, the petition shall be dismissed. If any of the other facts required hereunder are not known or cannot be ascertained by the petitioner, the petitioner shall so state in the petition. The petitioner shall sign and date the petition, and attest to the veracity of the information contained therein.

a. If a petition indicates that either or both parents consent to the termination of their parental right, or if any time following the filing of a petition and before the entry of a final decree, a parent consents to the termination of his parental rights, each consenting parent shall acknowledge such consent in writing on a form promulgated by the Chief Judge, before the Court, evidencing to the satisfaction of the Court that the parent has voluntarily and knowingly consented to the termination of his parental rights, and that the terms and consequences of such consent are understood by the parent. The Court shall also certify that either the parent or guardian fully understood the explanation in English or that it was interpreted into a language that the parent or guardian or custodian understood.

b. No consent to termination of parental rights by a mother shall be executed prior to or within ten days after the birth of the child. A minor who is a parent shall have the right to consent to termination of parental rights and such consent shall not be voidable by reason of such minority.

c. In any voluntary proceeding the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree, and where the child has been placed out of the family, the child shall be returned to the parent unless the Court finds good cause to the contrary not to return the child.

a. Upon the filing of a petition for the termination of parental rights, the Court shall set a time for hearing the petition. The time for the hearing shall not be more than thirty days after the filing of the petition.

b. The Court shall cause a notice of the hearing to be given to the parents of the minor child, including any parent of a minor who is himself a parent, the guardian or any other person whom the Court deems appropriate, the Director of Health & Human Services, and to the child if he is over the age of fourteen years. The notice shall state that the party whom parental rights are being terminated has the right to be represented by counsel.

c. Notice of the hearing and a copy of the petition, certified by the petitioner or his attorney or the Court Clerk, shall be served at least ten days before the date of the hearing by personal service on the persons enumerated in subsection b. of this Section. If personal service cannot be reasonably effected or the address of any person is unknown, a Judge or Court Clerk shall order notice to be given by registered or certified mail, return receipt requested, or by publication at least ten days before the date of the hearing in a newspaper of general circulation in the place of the last-known address of the person to be notified, whether within or without Connecticut, or if no such address is known, in a newspaper of general circulation in the region where the Court is located.

d. Notice and appearance may be waived by a parent in writing before the Court, provided that such parent has been apprised by the Court of the meaning and consequences of the termination action. The parent who has executed such a waiver shall not be required to appear at the subsequent hearing. Where the parent is a minor, the waiver shall be effective only upon approval by the Court.

a. At the hearing held on the petition for the termination of parental rights, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If the parent who is consenting to the termination of parental rights appears at the hearing, the Court shall explain to the parent the meaning and consequences of termination of parental rights.

b. Upon finding at the hearing or at anytime during the pendency of the petition that reasonable cause exists to warrant an examination, the Court, on its own motion or on motion of any party, may order the child to be examined by a physician, psychiatrist, or licensed clinical psychologist appointed by the Court. The Court may also order an examination of a parent or guardian whose competency or ability to care for a child before the Court is at issue. The expenses of any examination if ordered by the Court shall be paid by the petitioner, or if ordered on motion by a party, shall be paid for by that party unless such party or petitioner is unable to pay, in which case, they shall be paid by the Court. The Court may consider the results of the examination in ruling on the merits of the petition.

c. The Court may, in any contested case, request the Health and Human Services Department to make an investigation and written report to the Court within forty-five (45) days from receipt of such request. The report shall indicate the physical, mental and emotional health of the child and shall contain such facts as may be relevant to determine whether the proposed termination of parental rights will be in the best interests of the child, including the physical, mental and social and financial condition of the parents, and any factors which the agency deems relevant to determine whether the proposed termination will be in the best interests of the child.

d. If such a report is requested, the Court shall schedule a hearing not more than thirty (30) days from the date the expiration of the forty-five (45) day time period or receipt of the report, whichever is earlier. The Court shall give reasonable notice of the investigation hearing to all parties to the first hearing.

e. The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness and subject himself to examination.

f. At either the investigation hearing or the first hearing, if no investigation and report has been requested, the Court may approve the petition terminating the parental rights and may appoint a guardian of the person of the child, if it finds by clear and convincing evidence, including the testimony of two qualified expert witnesses, that the termination of parental rights is in the best interests of the child, and, with respect to any consenting adult that such consent was voluntarily and knowingly given; or, with respect to any non-consenting parent that over an extended period of time in which, except as provided in subsection g. of this Section, shall not be less than one year, the child has been abandoned or abused by the parent, or the child has been denied the care, guidance, or control necessary for his physical, educational, moral or emotional well-being and the continuation of the parent-child relationship would be detrimental to the best interests of the child.

g. If the Court denies a petition for termination of parental rights, with or without consent, it may refer the matter to the Health and Human Services Department to assess the needs of the child, the care the child is receiving, and a remediation plan for the parent.

h. The Court may waive the requirement that one year expire prior to the termination of parental rights if it finds from the totality of the circumstances surrounding the child that such waiver is necessary to promote the best interests of the child.

a. Except in cases based on consent, the Court shall make written findings in determining whether to terminate the parent-child relationship based on

b. Whenever the Court finds that the parent-child relationship should be terminated, all rights, powers, privileges, immunities, duties and obligations including any rights to custody, control, visitation or support existing between the child and parent shall be severed and terminated, provided that the rights of one parent may be terminated without affecting the rights of the other parent. The remaining parent shall be the sole parent and, unless otherwise provided by law, the guardian of the person of the child. The parent whose rights have been terminated shall have no standing to appear at any future legal proceeding concerning the child.

c. Any support obligation existing prior to the effective date of the order terminating parental rights shall not be severed or terminated.

d. A termination order shall not prevent a child from inheriting property or interest in the same manner as any other natural child from the natural parent. A natural parent may not, however, inherit from a natural child after termination.

An order terminating the parent-child relationship shall not disentitle a child to any benefit due the child from any third person, agencies, state or the United States, nor shall any action under this law be deemed to affect any rights and benefits that the child derives from the child’s descent from or membership in the Mashantucket Pequot Tribe.

a. If upon entering a decree terminating the parental rights of a parent or guardian, there remains no suitable parent or no parent having parental rights, the Court shall commit the child to the care and custody of the Health and Human Services Department or shall place the child in accordance with the placement preferences established by this Ordinance under such terms and conditions as are in the best interests of the child. In the absence of a suitable home under the placement preferences, the Court may place the child with a non-Indian family outside the Tribal community, or authorize the Health and Human Services Department to seek an appropriate adoption of the child.

b. At least every three (3) months thereafter, a report shall be made to the Court on the efforts taken to secure permanent placement of the child. The Court shall so review the status of the child until the child is adopted or permanently placed.

The status of all children who have been permanently placed pursuant to this Ordinance shall be reviewed by the Court at least once a year, or as otherwise directed by the Court.

a. The Tribal Council shall appoint one or more members of the Tribe as the Foster Home Inspector(s) to inspect the homes of Tribal members and others who reside on the Reservation or within a twenty-five (25) mile radius of the Reservation. Such appointee(s) shall serve a three year appointment, which may be renewed for one more term thereafter. The Foster Home Inspector shall report to the Child Protection Team (CPT).

b. Upon an inspection of the proposed foster home and an interview with the proposed foster family, the Foster Home Inspector shall submit a recommendation to the Chairperson of the CPT. The CPT shall review the recommendation and act upon it within thirty (30) days, or, if no action is taken, the recommendation of the Foster Home Inspector shall be deemed approved. The Foster Home Inspector shall issue a license for the approved foster home. The foster parent shall file a copy of the foster home license with the Department Health and Human Services.

c. Except under exceptional circumstances, or in order to preserve a family unit, a foster home may not accept more than four (4) foster children.

d. Any license issued by the Foster Home Inspector shall apply only to the residence where the family is living at the time application for a license is made. A permanent change of residence automatically terminates the license. The foster parents shall notify the Foster Care Inspector whenever a change of residence is contemplated.

e. The foster parents shall also notify the Foster Care Inspector whenever a change in the household occurs. For example, if any member of the foster home is accused or is convicted of a crime, or any member of the foster home moves out of the residence, or if any other person moves into the residence, the foster parent shall notify the Foster Care Inspector within forty-eight (48) hours. Failure to report such changes may result in the suspension or revocation of the foster home license.

a. The foster home shall be constructed, arranged and maintained so as to provide for the health and safety of all occupants. The Foster Care Inspector may, upon twenty-four (24) hours notice, inspect a foster home.

b. Heating, ventilation, and light shall be sufficient to provide a comfortable, airy atmosphere. Furnishings and housekeeping shall be adequate to protect the health and comfort of the foster child.

c. Comfortable beds shall be provided for all members of the family. Sleeping rooms must provide adequate opportunities for rest. All sleeping rooms must have a window of a type that may be readily opened and used for evacuation in case of fire.

d. Play space shall be available and free from hazards which might be dangerous to the life or health of the child.

a. All members of the household shall be in such physical and mental health as will not adversely effect either the health of the child or the quality and manner of his care.

b. Members of the foster family shall be of good character and standing in the community. They shall never have been convicted of a sex offense and shall not have had any felony convictions within the last five (5) years. Exceptions concerning non-sexual felony convictions may be made provided adequate information is submitted and reviewed indicating that a significant change of character has occurred.

c. The foster parents shall be of suitable temperament to care for the foster child, and shall understand the special needs of the child as an Indian person and a member of the Tribal community.

d. Foster parents shall be at least twenty-one (21) years of age, but there shall be no upper age level, provided that the foster parent has the physical and emotional stamina to deal with the care and guardianship of a Foster child. Foster parents shall be willing, when necessary, to cooperate with the biological parents and shall be willing to help the family re-establish the necessary family ties.

e. A foster home need not be composed of both a male and female foster parent. The Foster Care Inspector may certify a foster home with a single foster parent provided that the foster parent displays the qualifications necessary to raise a foster child.

f. The foster parents shall have an income sufficient to care for all members of the foster family. The Foster Care Inspector may take into account any tribal or state benefits when determining the financial ability of the foster parents.

g. Any time a pre-school foster child is placed in a foster home, there must be at least one (1) foster parent at home full time, unless the foster parent has obligations outside the home that necessitate day care, in which case, the foster parent shall show the ability and availability to provide appropriate day care for the pre-school foster child. For school age children, the foster parent must show the child care arrangements which will be made for those periods of time when both foster parents are employed. Infants and young children shall never be left alone without competent supervision.

h. Except without specific approval by the Child Protection Team, a foster home shall not be licensed whenever any member of the family is mentally ill or on convalescent status or is on parole or probation or is an inmate of a penal or correctional institution.

i. The standards the Foster Care Inspector shall use in judging the above criteria shall be those of the Tribal community.

The Foster Care Inspector is authorized to conduct a character investigation to determine the adequacy of the foster home and the competency of the proposed foster parents. The Inspector shall be authorized to interview the potential foster parents and any other person who is familiar with the applicants and with the type of care they provide to their children.

a. The daily routine of a foster child shall be such as to promote good health, rest and play habits.

b. The responsibility for a child’s health care shall rest with the foster parents. In case of an emergency or a serious sickness or accident to a child, the foster parents shall immediately notify the Foster Care Inspector. The foster parents may consent to surgery or other treatment in a medical emergency.

c. The foster parents shall not subject the child to verbal abuse, derogatory remarks about the child, the child’s natural parents or relatives, or to threats to expel the child from the foster home. No child shall be deprived of meals, mail or family visits as a method of discipline. When discipline or punishment must be administered, it shall be done with understanding and reason.

a. The Tribal Court shall have jurisdiction over all complaints seeking a decree of dissolution of marriage or annulment provided that at least one party to the action is a member of the Tribe.

b. Whenever the requirements of subsection a. are met and one party to the action resides out of or is absent from the Mashantucket Pequot Reservation, or that person’s whereabouts are not known, the Judge may make an order of notice as he deems reasonable. After the notice has been given and proved to the Court, the Court may hear the complaint if it finds that the absent party has received actual notice that the complaint is pending. If it appears that the absent party has not received or has refused to accept such notice, the Court may hear the case; provided that if it finds cause, the Court may order such further notice to be given as it deems reasonable and continue the complaint until the order is complied with.

a. A marriage is dissolved only by the death of one of the parties or by a decree of dissolution of marriage. A decree of dissolution of marriage shall be granted upon a finding that the marriage has broken down irretrievably.

b. An annulment shall be granted if the marriage is void or voidable under the laws of the Tribe or of the state in which the marriage was performed.

A proceeding for dissolution of marriage or annulment shall be commenced by the filing and service of a complaint in the Tribal Court.

Until comprehensive rules of procedure are established for civil causes of action in Tribal Court, the rules of procedure enacted in MPTO No. 070595-01, Sections 6, 7, 8, and 9 (attached hereto), shall be followed in all actions brought under this Ordinance. Where necessary and practical, and where not inconsistent with the above-referenced Sections and the provisions of this Ordinance, the Court shall follow the rules of procedure and principles of law applicable to similar claims arising under the laws of the State of Connecticut.

When necessitated by the interests of justice and the persons involved, the Court shall, upon its own motion or a motion of either party or of counsel for any minor child, direct the hearing of any matter under this Part to be private, and thereupon shall exclude all persons except the officers of the Court, the Court reporter, their witnesses and counsel.

a. In any action for dissolution of marriage, the Court shall make a finding that a marriage breakdown has occurred where the parties, and not their attorneys, execute a written stipulation that their marriage has broken down irretrievably or, where both parties are physically present in Court, stipulate that their marriage has broken down irretrievably, and the parties have submitted an agreement concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning spousal support and the disposition of property.

b. The testimony of either party in support of that conclusion shall be sufficient.

c. In any case in which the Court finds, after hearing, that a cause enumerated in Section 2. of this Part exists, the Court shall enter a decree dissolving the marriage or granting an annulment.

a. On or after the Appearance date to the complaint seeking the dissolution of a marriage and prior to the expiration of the 90 day period specified in Section 8. of this Part, either spouse or counsel for the minor child may submit a request for conciliation to the Court. The Court shall thereafter enter an order that the parties meet with a conciliator mutually acceptable to them or, if the parties cannot agree as to a conciliator, with a conciliator named by the Court. The conciliator shall be a person experienced in marriage counseling.

b. Within such 90 day period or within 30 days of the request, whichever is later, there shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the problems which might lead to continuing conflicts following the dissolution of the marriage. Failure of either party to attend these consultations, except for good cause, shall preclude further action on the complaint for six months from the date of the return day; provided the Court may terminate such stay upon motion of either party and for good cause shown. Further consultations may be held with the consent of both parties.

c. All communications during these consultations shall be absolutely privileged, except that the conciliator shall report to the Court whether or not the parties attended the consultations.

d. The reasonable fees of the conciliator shall be paid by one or both of the parties as the Court directs.

e. The Court may establish a registry of mediation services as a reference to parties filing for dissolution of marriage to address property, financial, child custody, and visitation issues.

a. After the expiration of ninety (90) days following the Appearance date to the complaint for dissolution of marriage or annulment, or after the expiration of six months where proceedings have been stayed under Section 7.b., the Court may proceed on the complaint, the case may be heard and a decree granted thereon.

b. Nothing herein shall prevent any interlocutory proceeding within the ninety-day period; nor shall the ninety-day or the six-month period apply in actions for annulment.

a. The Court may appoint legal counsel for any minor children of the parties at any time after the return day of the complaint, if the Court deems it to be in the best interest of the child or children. The Court may appoint legal counsel on its own motion, or at the request of either of the parties or of the legal guardian of any child, or at the request of any child who is of sufficient age capable of making an intelligent request. The reasonable fees of the appointed legal counsel shall be paid by one or both of the parties as the Court directs.

b. Notwithstanding subsection a., in any case before the Court where it finds that the custody, care, education, visitation or support of a minor child is in actual controversy, the Court may make any order regarding the matter in controversy prior to the appointment of counsel where it finds immediate action necessary in the best interest of any child.

c. Counsel for the child or children shall be heard on all matters pertaining to the interest of any child so long as the Court deems such representation to be in the best interest of the child.

a. In any controversy before the Court as to the care or custody of a minor child, and at any time after the return day of any complaint under this Part, the Court may make or modify any proper order regarding the education and support of the child, and of care, custody and visitation if it has jurisdiction under the provisions of this Part. The Court may assign the custody of any child to the parents jointly, to either parent or to a third party, according to its best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable. The Court may also make any order granting the right of visitation of any child to a third party, including, but not limited to, grandparents.

b. In making or modifying any order with respect to custody or visitation, the Court shall be guided by the best interests of the child, giving consideration to the wishes of the child of sufficient age and maturity, and the circumstances, if relevant, of the parents.

c. In determining whether a child is in need of support and, if so, the respective abilities of the parents to provide support, the Court shall take into consideration all the factors enumerated in Section 4. of Part V. of this Ordinance.

d. A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child unless otherwise ordered by the Court for good cause shown.

e. Where the parents of a minor child live separately, the Court may, on the petition of either party and after notice given to the other, make any order as to the custody, care, education, visitation, and support of any minor child of the parties.

f. In making any order under this Part, the Court shall be guided by the best interests of the child, giving consideration to the wishes of the child of sufficient age and maturity.

g. Executions and earning assignments in accordance with Section 4.e. of Part V. of this Ordinance shall be available to effectuate any support order in all actions for dissolution or annulment of marriage.

a. For the purposes of this Section, "joint custody" means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents. The Court may award joint legal custody without awarding joint physical custody.

b. There shall be a presumption that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agreed in Court at a hearing for the purpose of determining the custody of the minor child of the marriage. If the Court declines to enter an order awarding joint custody pursuant to this Section, the Court shall state in its decision the reasons for denial of an award of joint custody.

a. In any dispute as to the custody of a minor child involving a parent and a non-parent, there shall be a presumption that it is in the best interests of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.

b. In any proceeding as to the custody of a minor child, and on any complaint under this Part, the Court may allow an interested third party with a significant interest in the matter to intervene upon motion. The Court may award full or partial custody, care, education, and visitation rights of such child to such third party upon such terms and conditions as it deems to be in the best interests of the child.

a. The Court may grant the right of visitation of any child or children to any person, upon an application of such person if the Court finds that it is in the best interests of the child. Such order shall be according to the Court’s best judgment based upon the facts of the case and subject to such conditions and limitations as it deems equitable, provided the grant of such visitation rights shall not be contingent upon any order of financial support by the Court.

b. Visitation rights granted in accordance with this Section shall not be deemed to have created parental rights in the person to whom such visitation rights are granted.

In any petition for annulment, the Court may make such order regarding any child of the marriage and concerning any support as it might make in an action for dissolution of marriage. The child of any void or voidable marriage shall be deemed legitimate.

In any proceeding seeking relief under the provisions of this Ordinance, the Court may order either spouse or, if such proceeding concerns the custody, care, education, visitation or support of a minor child, either parent, to pay the reasonable attorney’s fees of the other or of the child in accordance with their respective financial abilities.

At the time of entering a decree dissolving a marriage or granting an annulment, or any time after entering such a decree, the Court shall, upon the request or motion of the spouse whose name is to be changed, restore the birth name or former name of such spouse.

a. In any case under this Ordinance where the parties have submitted to the Court an agreement concerning the custody, care, education, visitation, maintenance or support of any of their children or concerning spousal support or the disposition of property, the Court shall inquire into the financial resources and actual needs of the spouses and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the spouses is fair and equitable under the circumstances.

b. If the Court finds the agreement fair and equitable, it shall become part of the Court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the Court.

c. If the Court finds that the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require.

d. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any order and shall be enforceable to the same extent as any other provision of such order or decree.

A decree of annulment or dissolution shall give the parties the status of unmarried persons and they may marry again.

The Court Clerk shall, on or before the fifteenth day of each month, file a notice with the Department of Health and Human Services and the Tribal Clerk of each dissolution or annulment of marriage granted in the preceding month, stating the names and addresses of the parties to the marriage, the date of granting of the dissolution or annulment, and any name change granted by the Court. Before a final decree is entered, the parties or their attorneys shall supply the Court Clerk with such information as is necessary to complete the notice. 

During the pendency of any complaint or petition under this Ordinance, and after a hearing duly held, the Court may award alimony and support to either party from the date of filing an application thereof with the Court. In determining the award, the Court shall consider the factors enumerated in Sections 2. and 3. of this Part. The Court also may award exclusive use of the family home to either of the parties, provided that a non-tribal member spouse may be awarded use of Tribal housing only when such party also has been given custody of any minor tribal member children during their minority, and provided further that such use shall be in accordance with Tribal Housing Authority’s policies and regulations.

a. At the time of entering a decree dissolving or annulling a marriage, the Court may assign to either party all or any part of the estate of the other. The Court may require that title to any non-trust real property pass to either party or may order the sale of such non-trust real property when, in the Court’s judgment, it is the proper mode to carry the decree into effect.

b. In determining the nature and value of the property, if any, to be assigned, the Court, after hearing the evidence and witnesses, shall consider the following factors: the length of the marriage; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income; and the tribal interests, if any, in such property. The Court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

a. At the time of entering the decree dissolving or annulling a marriage, the Court may order either party to pay alimony to the other, in addition to or in lieu of an award pursuant to Section 2. of this Part.

b. In determining whether alimony shall be awarded, and the duration and amount of the award, the Court shall hear the evidence and witnesses, if any, of each party, and, except as provided in any approved stipulation, shall consider the following factors: the length of the marriage; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; and the award, if any, which the Court may make pursuant to Section 1. of this Part; the Tribal interests, if any, in the source of income; and in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent’s securing employment.

a. Upon or subsequent to entering the decree dissolving or annulling a marriage, the Court may order the parents of a minor child of the marriage to financially support the child according to their respective abilities, if the child is in need of such financial support.

b. In determining whether a child is in need of financial support, and if in need, the respective abilities of the parents to provide such support and the amount and duration thereof, the Court shall consider the following factors: the age, health, station, earning capacity, amount and sources of income, estate, vocational skills, employability of each of the parents; the age, health, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child; and any tribal interests in or benefits available to either of the parents or minor child, including, but not limited to, health care and education.

c. In making its determination of financial support for a minor child, the Court shall be guided by the State of Connecticut’s Child Support and Arrearage Guidelines. If the Court deviates from the Child Support and Arrearage Guidelines, the Court shall make a specific finding on the record that the application of the Guidelines would be inequitable or inappropriate.

d. The Court shall make and enforce the decree for the financial support of the child as it considers just. The Court may order either parent to name any child under eighteen as a beneficiary of any medical or dental or benefit plan carried by such parent or available to such parent on a group basis through employment.

e. Whenever an obligor is before the Court in proceedings to establish, modify, or enforce a support order, and such order is not secured by a wage assignment or garnishment, the Court may require the obligor to execute such wage and earning assignment.

a. Unless and to the extent that the decree precludes modification, any final order for the payment of periodic alimony or financial support for a minor child may at any time thereafter be modified by the Court upon a showing of a significant change in the circumstances of either party. In determining whether to modify a child support order, the Court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as a result of such division.

b. In an action for dissolution or annulment of marriage in which a final judgment has been entered providing for the payment of alimony by one party, the Court may, in its discretion and upon notice and hearing, modify, suspend, reduce or terminate such alimony if it is shown that the party receiving alimony is living under circumstances which the Court finds has resulted in a change of circumstances that has significantly altered the financial needs of that party.

c. No order for periodic payment of child support or alimony may be subject to retroactive modification, except that the Court may order modification with respect to any period during which there is a pending motion for modification from the date of service of notice of such pending motion upon the opposing party.

When any person is found in contempt of an order of the Court, the Court may award to the petitioner a reasonable attorney’s fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt. The costs of commitment of any person imprisoned for contempt of Court by reason of failure to comply with such an order shall be paid by the Tribe. 

The Mashantucket Pequot Family Court shall have jurisdiction over all suits brought to determine the paternity of a child provided that the Court has personal jurisdiction over the putative father. A judgment of the Court establishing the identity of the father of the child shall be conclusive of that fact in all subsequent determinations of support and inheritance.

a. Paternity proceedings are commenced by filing a complaint alleging that the person named as therein is the father of the child and petitioning the Court to issue an Order of Paternity.

b. An action under this Part may be brought by any person having an interest in the matter or by the Tribal Prosecutor in the name of the Mashantucket Pequot Tribe.

c. The Court shall schedule a hearing on the matter, which shall be closed to the public.

d. The testimony of both the mother and putative father shall be solicited in connection with such proceeding.

a. In any proceeding in which a question of paternity is an issue, the Court, upon motion of any party, may order the mother, her child, and the putative father or the husband of the mother to submit to one or more blood grouping tests, to be made by a qualified physician or other qualified person designated by the Court, to determine whether or not the putative father or husband of the mother can be excluded as being the father of the child. The results of such tests shall be admissible in evidence only in cases where such results establish definite exclusion of the putative father or such husband as the father of the child.

b. In any proceeding in which a question of paternity is an issue, the Court, upon motion of any party, may order genetic tests which shall mean human leukocyte antigen tests, or DNA tests, to be performed, unless a putative father or husband has been excluded by prior blood grouping tests. Such tests shall be made by a hospital, accredited laboratory, qualified physician, or other qualified person designated by the Court, to determine whether or not the putative father or husband is the father of the child. The results of such tests shall be admissible in evidence to establish either definite exclusion of the putative father or husband, or as evidence that he is the father of the child.

c. The costs of the blood tests shall be chargeable against the party making the motion.

A rebuttal presumption of paternity exists where one or more of the following factors is present:

a. If the putative father is found to be the biological father of the child, the Court shall make an Order of Paternity.

b. The Court may order the father of the child to stand charged with the support and maintenance of such child, with the assistance of the mother if she is financially able, as the Court finds, in accordance with the child support provisions of this Ordinance.

In lieu of or in conclusion of a paternity proceeding, the written acknowledgement of paternity executed by the putative father of the child when accompanied by an attested waiver of the right to a hearing and the right to an attorney, and a written affirmation of paternity executed and sworn or affirmed to by the mother of the child and filed with the Court, shall have the same force and effect as a judgment of the Court.

a. In conclusion of a paternity proceeding or in lieu of a contested support hearing, a written acknowledgment of support of the child in accordance with Tribal child support procedures under this Ordinance, together with provisions for any reimbursement for past due support based on ability to pay, and any reasonable expense of prosecution of the petition, may be obtained in the manner prescribed above, and such acknowledgment shall have the same force and effect, retroactively or prospectively in accordance with such agreement as an order of support by the Court.

b. Wage executions and earning assignments in accordance with the Tribal child support procedures under this Ordinance shall be available in paternity proceedings.

a. The Court shall maintain a registry of paternity judgments from other jurisdictions. Any party to an action in which a paternity judgment from another jurisdiction was rendered may register the foreign paternity judgment in the Court without payment of a filing fee or other cost to the party.

b. The party shall file a certified copy of the foreign paternity judgment and a certification that such judgment is final and has not been modified, altered, amended, set aside, or vacated and that the enforcement of such judgment has not been stayed or suspended. Such certificate shall set forth the full name and last-known address of the other party to the judgment.

c. Such foreign paternity judgment so registered shall become a judgment of the Mashantucket Pequot Tribal Court and shall be enforced and otherwise treated in the same manner as a judgment of the Court.

d. Within five days of the filing of the judgment and certification, the party filing such judgment and certification shall notify the other party to the paternity action of the filing of such judgment by registered or certified mail to the party’s last known address or by personal service. The Court shall not enforce any such foreign paternity judgment until proof of service has been filed with the Court. 

a. Any minor child who has attained the age of sixteen (16) years may petition the Court for a determination that he be emancipated. The petition for emancipation shall set forth with specificity:

b. Upon the filing of the petition, the Court shall cause a notice to be issued to the minor child and the minor child’s parents or guardian.

a. Upon the filing of a petition for emancipation, the Court shall set a time for hearing the petition. The time for the hearing shall not be more than thirty days after the filing of the petition.

b. The Court shall cause a notice of the hearing to be given to the minor child, the parents or guardian of the minor child; or any other person whom the Court deems appropriate. The notice shall state that the minor child seeking emancipation has the right to be represented by counsel.

c. Notice of the hearing and a copy of the petition, certified by the petitioner or his attorney or the Court Clerk, shall be served at least ten days before the date of the hearing by personal service on the persons enumerated in subsection b. of this Section. If personal service cannot be reasonably effected or the address of any person is unknown, a Judge or Court Clerk shall order notice to be given by registered or certified mail, return receipt requested, or if no such address is known, in a newspaper of general circulation in the region where the Court is located.

d. Notice and appearance may be waived by a parent in writing before the Court, provided that such parent has been apprised by the Court of the meaning and consequences of the emancipation action. The parent who has executed such a waiver shall not be required to appear at the subsequent hearing.

a. At the hearing held on the petition for emancipation, any party to whom notice was given shall have the right to appear and be heard with respect to the petition. If the parent who is consenting to the emancipation appears at the hearing, the Court shall explain to the parent the meaning and consequences of emancipation.

b. Upon finding at the hearing or at anytime during the pendency of the petition that reasonable cause exists to warrant an investigation into the circumstances upon emancipation is sought, the Court may request the Health and Human Services Department to make an investigation and written report to the Court within forty-five (45) days from receipt of such request. The report shall indicate the physical, mental and emotional and financial condition of the minor child and shall contain such facts as may be relevant to determine whether the proposed emancipation will be in the best interests of the minor child.

c. If such a report is requested, the Court shall schedule a hearing on the results of the investigation not more than thirty (30) days from the date of the expiration of the forty-five (45) day time period or receipt of the HHS report, whichever is earlier. The Court shall give reasonable notice of the investigation hearing to all parties to the first hearing at least ten days before the date of the investigation hearing.

d. The report shall be admissible in evidence, subject to the right of any interested party to require that the person(s) making it appear as a witness and subject himself to examination.

e. At either the hearing on the investigation or the first hearing, if no investigation and report has been requested, the Court may approve the petition for emancipation if it finds that emancipation is in the best interests of the minor child.

f. If the Court denies a petition for emancipation, it may refer the matter to the Health and Human Services Department to assess the needs of the minor child.

a. The Court shall make written findings in determining whether emancipation would be in the best interests of the minor child. The Court shall thereafter enter an order declaring the minor child emancipated if the Court finds that:

b. An Order that a minor child is emancipated shall have the following effects: the minor child shall be free of control by his parents or guardian; the minor child may consent to medical, dental, or psychiatric care without parental consent, knowledge, or liability; the minor child shall be entitled to his own earnings and to establish his own residence; the minor child may enter into a binding contract, buy and sell real and personal property, execute releases, sue and be sued in his own name; the minor child shall be deemed eligible to secure a marriage license, register a motor vehicle, and enlist in the armed services of the United States of America; the minor child may not thereafter be the subject of a petition as a neglected, abused, dependent or uncared for minor child; the parents of the minor child shall no longer be the guardians of the minor child, and shall be relieved of any obligations respecting the minor child’s school attendance and support; and the minor child shall be emancipated for the purposes of parental liability for the minor child’s acts.

c. An Order that a minor child is emancipated shall not change the minor child’s eligibility for Tribal housing and incentive benefits or other Tribal benefits as determined by Tribal law or policy.

As used herein, "foreign judgment" means any judgment, decree or order of a Court of competent jurisdiction of any state or Tribe in the United States in any family relations matter for the custody, care, education, visitation, maintenance, support of children or of spouse, or the disposition of property of the parties to an existing or terminated marriage, in which both parties have entered an appearance.

a. Any party to an action in which a foreign judgment has been rendered may file in the Tribal Court a certified copy of the foreign judgment together with a certification that such judgment is final, has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended, and such certificate shall set forth the full name and last-known address of the other party to such judgment and the name and address of the Court in the foreign jurisdiction which rendered such judgment.

b. Such foreign judgment shall become a judgment of the Tribal Court and shall be enforceable provided that such judgment does not contravene the public policy of the Mashantucket Pequot Tribe. A foreign judgment so filed shall have the same effect and may be enforced or satisfied in the same manner as any like judgment of the Tribal Court; provided that in modifying or altering such foreign judgment, the substantive law of the foreign jurisdiction shall be controlling.

c. The Court shall abide by any applicable federal law concerning family and child support, custody and enforcement matters, including, but not limited to, 28 U.S.C. § 1738B, the Full Faith and Credit for Child Support Orders Act.

Within five days after the filing of such judgment and certificate, the filing party shall notify the other party of the filing by registered or certified mail at his or her last-known address or by personal service. The Court shall not act on any foreign judgment for a period of twenty days from the filing thereof and no action to enforce such judgment shall be taken until proof of service has been filed with the Court.

a. If either party files an affidavit and supporting Court documents with the Court that an appeal from the foreign judgment is pending in a foreign jurisdiction or that a stay of execution has been granted, the Court shall stay enforcement of the foreign judgment until the appeal is concluded or the stay of execution expires or is vacated.

b. If a party files an affidavit and supporting Court documents with the Court that such foreign judgment has been modified or amended, the Court shall enforce such foreign judgment as so modified or amended.

c. Upon motion to the Court, either party shall be entitled to a hearing on any disputed issue of fact or law concerning the enforceability of the foreign judgment in Tribal Court.

The right of a party to a foreign judgment to proceed by an action on the judgment instead of proceeding under this Part remains unimpaired. 

In addition to its authority to grant a change of name in a dissolution of marriage matter, the Family Court shall have jurisdiction over petitions for a change of name, and may change the name of the petitioner, who shall thereafter be known by the name prescribed by the Court in its decree.

In all proceedings for a change of name brought on behalf of a minor child, the parents of such child shall be necessary parties, shall be cited in the petition, and shall be served with the petition either by personal service or by mailing a copy of the petition to the parent’s last-known address by registered or certified mail.

a. The Petition for Change of Name shall contain the following information:

b. Any interested party may file a response to the petition within 20 days from the service date.

The Family Court shall publish a notice that a petition for a change of name has been filed in The Pequot Times. Such publication shall occur once and shall contain only a statement that a petition has been filed by the petitioner, and shall not disclose any information from the petition.

The Court shall grant such petition for change of name unless it finds that it would result in injury to another person’s legal rights. The Court shall provide notice of the Court’s decision to the Tribal Clerk. 

The Chief Judge of the Tribal Court shall prepare forms, including instructions in plain language, for applying to the Court for any complaint, remedy or relief available under this Ordinance.

Appeals from decisions by the Family Court under this Ordinance may be made by any party in accordance with the rules governing the Court of Appeals.

All actions brought under this Ordinance shall be determined by the Court in accordance with Tribal law. The Court may be guided, but not bound by, the principles of law applicable to similar claims arising under the laws of the State of Connecticut, of other Tribal Courts, or of the United States.

WHEREAS, the Mashantucket Pequot Tribe (the "Tribe") is a federally recognized Indian Tribe; and

WHEREAS, the Mashantucket Pequot Tribal Council (the "Council") is the duly authorized governing body of the Tribe pursuant to the Constitution and By-Laws of the Tribe, and is a federally recognized Indian Tribal Government; and

WHEREAS, it has become necessary for the Mashantucket Pequot Tribe to enact an Ordinance for traffic control on the Mashantucket Pequot Reservation; and

WHEREAS, the Mashantucket Pequot Public Safety Committee has proposed a Traffic Control Ordinance which is attached hereto.

NOW THEREFORE, BE IT RESOLVED, that the Mashantucket Pequot Tribal Council hereby adopts the Mashantucket Pequot Traffic Control Ordinance as hereafter set forth.

The provisions of MPTR No. 113093-05 are hereby repealed. It is the intent of the Council that the provisions of this ordinance shall govern all matters relating to the regulation of Motor Vehicles and Traffic.

This Ordinance is both civil and criminal in nature and applies to all motor vehicle operators within the Tribe’s jurisdiction. To the extent permitted by federal law, its provisions are applicable to Indians and non-Indians.

a. The language contained in the following provisions of the law of the State of Connecticut are hereby adopted as Tribal Law; Title 14 of the Connecticut General Statutes, specifically including the language of Chapters 248, Vehicle Highway Use; Chapter 249, Traffic Control and Highway Safety; and Chapter 255, Snowmobiles and All Terrain Vehicles.

b. If any provision of this Section conflicts with any other provision of Tribal law, the provisions of Tribal law shall govern.

c. The Tribal Court shall be guided but not bound by the common law of the State of Connecticut in interpreting any matter brought pursuant to this Section.

a. The map of the Mashantucket Pequot Reservation entitled "Parking and Traffic Control" is hereby adopted as Tribal law. The restrictions contained on the said map, including but not limited to Speed Limits, No Parking areas, One Way access and Stop Signs shall constitute Tribal law.

b. The Parking and Traffic Control Map shall be posted in a conspicuous location in the Tribal Community Center and in the Public Safety Building.

c. The Public Safety Committee is hereby authorized to amend the provisions of the Parking and Traffic Control Map in it’s discretion without further action of the Council. The Public Safety Committee is further authorized to adopt regulations governing signage, curb marking, speed limits, parking or other provisions as provided in the Parking and Traffic Control Map.

d. The Public Works Department of the Tribe shall at the direction of the Mashantucket Pequot Public Safety Committee have the responsibility to mark curbs, place signage and to maintain such signs and markings. In the event of a conflict between the provisions contained in the Parking and Traffic Control Map and the actual notice provided by signage or other marking, the Court shall deem the actual notice to control.

The schedule of fines adopted by the Judges of the Tribal Court on December 10, 1993 is attached hereto and incorporated. The Tribal Court may, in the interest of justice, amend the said schedule.

a. Any unattended motor vehicle found parked at any time upon any public or private roadway of the Mashantucket Pequot Indian Tribe against which there are two or more outstanding traffic violation notices or notices of minor offenses or against which there have been issued two or more summonses for minor offenses may, by or under the direction of an officer or member of the Tribal Police or an employee or contractor of the Mashantucket Pequot Public Safety Department, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the Chief of the Tribal Police or immobilized in such manner as to prevent its operation; provided, that no such vehicle shall be immobilized by an means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

b. It shall be the duty of the officer or member of the Tribal Police or employee or contractor of the Mashantucket Pequot Public Safety Department, removing or immobilizing such motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of an impounded or immobilized vehicle of the nature and circumstances of the prior unsettled traffic violation notices, notices of minor offenses or summonses for minor offenses, for which such vehicle was impounded or immobilized. In any case involving immobilization of a vehicle pursuant to this subsection, such member of the Tribal Police or contractor or employee shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle.

c. The owner of such impounded or immobilized vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle upon:

d. The owner of an immobilized vehicle shall be subject to a booting fee of Fifty Dollars ($50.00) for such immobilization. The owner of an impounded motor vehicle shall be subject to a towing fee of Seventy Five Dollars ($75.00) plus a per diem fee for storage. In the event that the Chief of the Tribal Police or his designee determines that due to the size and weight of the vehicle to be impounded that it is necessary to engage an outside contractor or authorize special equipment to tow said vehicle, the owner will be subject to a towing fee of One Hundred Seventy Five Dollars ($175.00) plus a per diem storage fee.

There shall be established Tribal Elder parking areas which are convenient to all Tribal Public buildings. All Tribal Elders shall be entitled to receive a "Tribal Elder Parking" pass to be issued by the Elders Department. Display of such pass shall entitle a Tribal Elder to park in any Tribal Elder designated parking area within the Mashantucket Pequot Indian Reservation. Cars parked in a Tribal Elder Designated Parking area not displaying such a pass may be towed and a mandatory Seventy Five Dollar ($75.00) fine will be imposed on the owner of said car. In addition, the owner will be subject to a towing fee of Seventy Five Dollars ($75.00) plus a per diem storage fee.

The Tribal Police are authorized to enforce the provisions of this Ordinance.

If any part of this Ordinance is invalidated by the Tribal Court all valid parts that are severable from the invalid part remain in effect. If any part of this Ordinance is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications.

The designated Animal Control Officer shall make or cause to be made a list of all dogs and cats belonging to any member of said Tribe, and all other persons owning or caring for dogs or cats residing on said Mashantucket Pequot Reservation. No household will keep more than two dogs or two cats or one dog and one cat on their property.

a. Each member of the Mashantucket Pequot Tribe and all other persons residing on the Mashantucket Pequot Reservation who own, keep, or have in their possession a dog or cat of more than three months old shall immediately license the animal.

b. The owner of such licensed dog or cat shall keep around its neck, a collar distinctly marked with the owners name, and the dogs or cats registration number.

c. No dog or cat shall be licensed until the owner of the said dog or cat shows proof of rabies inoculation. The first rabies inoculation for the animal is valid for one year. Subsequent boosters will be valid for three years. All dogs and cats must be vaccinated against rabies by three months of age. Rabies inoculations must be kept current. A permanent license will be issued for the animal and will only be valid as long as it is accompanied by a valid rabies certificate.

d. Any member of said Tribe and all other persons residing on said Reservation who becomes an owner or keeper of a dog or cat which is not duly licensed shall be fined Twenty Five ($25.00) for the first offense and Fifty Dollars ($50.00) for the second offense.

Each person shall receive from the Tribal Clerk a permanent license on a form prescribed by the Tribal Council, said license shall contain a description of the dog or cat and the number under which such dog or cat is licensed and the Tribal Clerk shall issue to such person a tag-plate prescribed by the Tribal Council which shall contain the name of the Reservation and a license number.

No person shall own, keep, or harbor any dog which by loud, frequent or habitual barking, howling or yelping shall disturb the peace of any person. Violation of any provision of this Sections shall be fined not more than Twenty Five Dollars ($25.00) for the first offense and Fifty Dollars ($50.00) for the second offense.

a. It shall be unlawful for any person owning or having charge of any animal to permit such animal to run at large, unless such animal is restrained by a leash not to exceed six feet (6’) in length and is in charge of a person competent to restrain such animal.

b. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such animal cannot come into contact with another dog or cat except for planned breeding. Any person permitting a female dog or cat in heat to run at large shall be fined Twenty Five Dollars ($25.00).

a. No owner or keeper of any animal shall allow such animal to roam at large upon the land of another person. The unauthorized presence of any dog on the land of any person other than the owner or keeper of such dog or on any portion of a public road when such is not attended by or under the control of such owner or keeper, shall be prima facie evidence of a violation of provisions of this Section "at Large" means off the premises of the owner and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog.

b. The designated Animal Control Officer shall make diligent search and inquiry for any violation of this provision and may take into custody any dog found roaming in violation of this provision. Such animal shall than be impounded at an approved facility. If the owner or keeper is known they shall be notified immediately. An impoundment fee of Ten Dollars ($10.00) will be charged for the release of the animal. If the owner or keeper is unknown a description of such dog shall be published in the lost and found column of a newspaper having circulation in the area. If such dog or cat is not claimed by and released to the owner within seven days after the date of publication, the Animal Control Officer may sell such dog or cat to any person who satisfies the Animal Control Officer that he is purchasing it as a pet and that he can give it a good home and proper care. A fee of Five Dollars ($5.00) will be charged for the sale of the animal. If any dog or cat is not claimed by and released to the owner or purchased as a pet, the Animal Control Officer may cause such dog or cat to be mercifully killed by a licensed veterinarian.

c. In addition to seizing and impounding the dog, the Animal Control Officer may bring suit against the owner of a dog which is found roaming at large, and such owner shall be subject to a civil forfeiture of not less than Twenty Five Dollars ($25.00) and not more than One Hundred Dollars ($100.00) for the first offense.

d. Owner means any person or persons firm, association, or corporation owning, keeping, or harboring an animal. The owner shall maintain a clean and sanitary area where the animal is housed. The Animal Control Officer may issue such orders as deemed necessary to correct any unsafe and unsanitary condition after receiving a complaint and after notifying such person.

Who ever steals or confines and secrets any animal or willfully or negligently injures or willfully or negligently kills such animal and unless such killing be justifiable in the protection of persons, property, or game shall be subject to the general penalties provision and shall be liable to the owner in a civil action for the full value of that animal.

Any person may lawfully kill an animal which suddenly assaults him or another person when peacefully walking, riding, jogging, or running while the assault is taking place, not after leaving the scene, then returning to accomplish such act.

Whoever is assaulted by an animal, when peaceably walking or riding, finds an animal outside the premises of its keeper, and the said animal is not safely muzzled, may within four days, thereafter, make a written complaint before the Tribal Council that he believes, or has reason to believe that said dog is dangerous and/or vicious. Where upon the Animal Control Officer shall order the owner or keeper to appear and answer to the complaint by serving the owner or keeper of said animal with a copy of the complaints. If the Animal Control Officer is satisfied that the complaint is true, it shall have the authority to dispose of the animal.

a. Duty to Report. When any person is bitten or shows visible evidence of attack by an animal, it shall be the duty of such person or, if a minor child, his/her parent or guardian and the owner or keeper of the animal immediately to notify the Animal Control Officer of the incident.

b. Quarantine of Animals. Any animal which has bitten shall be placed into quarantine for a period of fourteen (14) days. If the owner of the animal is known, the quarantine may take place on the owner’s property providing that they are able to comply with the quarantine instructions. Failure to comply will result in the seizure of the animal for the remainder of the quarantine period and the owner, agent or keeper of the animal shall be subject to the general penalties provision. If the owner of the animal is unknown, the quarantine shall take place at an approved facility.

a. Interference with the Animal Control Officer or the Animal Control Officer’s Representatives. No one shall interfere with, molest, hinder, or prevent the Animal Control Officer or the Animal Control Officer’s representative in the discharge of their duties as herein prescribed or to violate any of the provisions of this Ordinance.

b. Penalty for Violations. Unless otherwise provided in this Ordinance, any person who violates any of the provisions of this Ordinance shall be fined no less than Fifty Dollars ($50.00) dollars nor more than Two Hundred Dollars ($200.00).

Unless otherwise required by the context, the following words and phrases shall be defined as follows:

a. The Tribal Court is hereby granted jurisdiction to review a Final Decision of the President/CEO or CHRO of an Employee Disciplinary Action that has progressed through the Board of Review process.

b. The Tribe hereby expressly waives its sovereign immunity and the sovereign immunity of the Gaming Enterprise from suit in the Tribal Court for actions founded upon a review of a Final Decision of an Employee Disciplinary Action, provided that the Employee has exhausted all remedies available under the Employer’s policies and procedures.

c. An action pursuant to this law shall be the Employee’s exclusive cause of action against the Employer provided that the Employee has first exhausted all administrative remedies.

a. An Employee who has progressed through the Board of Review process to a Final Decision by the President/CEO or CHRO may seek review thereof with the Mashantucket Pequot Tribal Court by filing an appeal as provided herein.

b. Within thirty days of mailing the Final Decision to the Employee’s last known address (by certified mail, return receipt requested) or within thirty days after personal delivery of the Final Decision upon the Employee, an Employee may file a notice of appeal in the office of the Tribal Court Clerk on a form provided by the Tribal Court Clerk. Service of the appeal on the President/CEO or CHRO shall be made by the Tribal Court Clerk by registered or certified mail. No filing fee is required by the Tribal Court for such claims.

c. The filing of an appeal shall not stay implementation of a Final Decision of the President/CEO or CHRO.

The Record shall consist of:

a. Within thirty days of filing of the appeal, the Employer shall accumulate the Record on appeal and shall certify to the Tribal Court that it is a true and correct copy of the original documents on file with the Employer, and shall file the Record with the Tribal Court. The Employer shall bind and consecutively number pages of the Record and shall provide an index indicating the identity and page location of each significant document relied upon to support a suspension or termination.

b. A copy of the certified Record shall be provided to the Employee at no charge.

c. An Employee may, within five (5) days of receiving a copy of the Record, file a request to the Court to include additional documents that were not part of the Record, be included in the Record before the Court. The Employee shall serve a copy of the request identifying the specific documents upon the President/CEO or CHRO who, within five days of receipt of the request, may file an objection. If it is shown, to the satisfaction of the Court, that the additional documents are relevant and probative, and that there were good and sufficient reasons for failure to present it in the Board of Review proceedings, the Court may order that some or all of the additional documents be included as a part of the Record before the Court.

d. The parties may stipulate to the Record.

a. Within thirty days of the filing of the Record, the Court shall schedule and conduct a pre-hearing conference to deal with the following matters:

b. At the conclusion of the pre-hearing conference, the Court may issue any necessary orders.

c. The Court may extend or shorten deadlines in the interest of fairness or expediting the proceedings.

a. No later than sixty (60) days from the filing of the Record, the Employee shall file two (2) copies of a typed or clearly legible copies of a brief which shall clearly and concisely set forth the specific reasons for requesting a review of the Final Decision. The brief shall not exceed twenty-five (25) double spaced pages in length and shall include proper citations for any legal authorities relied upon, and specific references to the Record.

b. The Employer’s brief shall be filed within thirty (30) days of the filing of the Employee’s brief and shall conform to the rules as described above.

c. The Employee shall have the right to submit a reply brief within ten (10) days of the filing of the Employer’s brief. The reply brief shall not exceed ten (10) double spaced pages in length and limited to the issues raised in the Employer’s brief.

d. At the conclusion of the hearing, the Court may order additional briefs, as the Court deems necessary.

a. The hearing shall be held within ten days of the filing due date of the Employee’s reply brief.

b. The hearing shall be limited to the Record before the Court, any briefs, written documents or any additional evidence admitted by the Court and oral argument presented by the parties.

c. The Court shall not substitute its judgment for that of the Employer as to the weight of the evidence.

d. Notwithstanding the provisions of Section 5(c) of this law, and in the interest of a fair review of the Employee’s appeal, upon a showing of exceptional circumstances, the Court may remand the matter to the President/CEO or CHRO to review new or additional evidence, provided that such new or additional evidence has been shown not to have been available for consideration at the Board of Review hearing through no fault of either party and that such new evidence is relevant and probative of the Employee’s appeal.

e. The Court may compel the attendance of necessary witnesses.

f. In reviewing the Employee’s claim, the Court shall determine whether the President/CEO or CHRO’s Final Decision was arbitrary and capricious by considering whether:

a. All actions against the Mashantucket Pequot Tribe or its enterprises shall be tried to the Court and not to a jury. No costs shall be taxed against the Tribe or its enterprises.

b. In all actions where it is alleged that the liability of the Employer is based upon or related to the action of an agent, servant, or employee of the Employer acting within the scope of his or her employment, there shall be no separate cause of action existing against said agent, servant, or employee, and nothing in this law shall be construed to waive the sovereign immunity of the Tribe to the extent that sovereign immunity would be applicable to such individual.

c. With respect to any action brought hereunder, damages awarded by the Tribal Court shall be limited to actual damages consisting of ascertainable loss of salary or wages, and/or benefits sustained as a result of a Disciplinary Action.

d. The following shall not apply to appeals against the Tribe or its enterprise: (i) any rule of law imposing absolute or strict liability; (ii) any award or other judgment imposing consequential, punitive or exemplary damages; (iii) any award for loss of consortium; (iv) any award for pain and suffering or mental anguish; and (v) any order for injunctive relief.

e. Attorney’s fees may be awarded in the discretion of the Court upon a showing of substantial abuse of discretion by the Employer. Attorney’s fees shall be supported by contemporaneous records of hours billed and shall be consistent with prevailing billing rates of attorneys practicing before the Mashantucket Pequot Tribal Court.

a. Upon the consideration of the factors listed in Section 8 f., if the Court finds that the President/CEO or CHRO’s decision was arbitrary and capricious, it shall render a decision in favor of the Employee pursuant to subsection b. of this Section.

b. The Court may order reinstatement of the Employee and/or award lost wages and benefits as provided by this law. Where appropriate, the Court may hold a closed hearing with the parties so that the terms of an appropriate employment arrangement may be made part of any final order of the Court.

c. The Court shall issue a written reasoned decision supported by references to the Record.

The decision of the Court may be appealed to the Mashantucket Pequot Court of Appeals. The decision of the Court of Appeals shall be final.

Any matter brought pursuant to this law shall be determined in accordance with Tribal law. The Court may be guided, but shall not be bound by the common law of other jurisdictions.

This law shall apply to any Disciplinary Action which occurs on or after its enactment.

Notwithstanding any provision of the laws of the Tribe to the contrary, the provisions of Article 9 of the Uniform Commercial Code as enacted in Title 42a of the Connecticut General Laws and as the same may be amended from time to time by the General Assembly of Connecticut, shall be deemed adopted and incorporated by reference as if set out in full herein as the laws of the Mashantucket Pequot Tribe applicable to all security interests granted by the Tribe, including any agency, enterprise or other instrumentality of the Tribe; provided, however, that the provisions of C.G.L. SS42a-9-104(E) or any corresponding successor provision of the laws of the State of Connecticut which would exempt security interests granted by a government from the scope of Article 9 of the Uniform Commercial Code shall not be adopted by the Tribe; and further provided, that security interests granted by Ordinance Number 021392-01 the Tribe shall be deemed perfected under the laws of the Tribe when perfected in the manner provided for perfection of security interests under the laws of the State of Connecticut, including the place of filing for any financing statement as provided in such laws of the State; and further provided, that the laws of the Tribe as herein enacted with respect to such security interests granted by the Tribe shall be applicable to such security interests to the extent, and only to the extent that the provisions of Title 42a of the Connecticut General Laws are deemed inapplicable to such security interests by virtue of C.G.L. SS42a-9-104(e) or any corresponding successor provision of the laws of the State of Connecticut which would exempt security interests granted by a government from the scope of Article 9 of the Uniform Commercial Code.

Any other provision of law notwithstanding, obligations for the repayment of debts incurred for the purpose of participating in lawful gaming activities within the Mashantucket Pequot Reservation are declared valid and enforceable in accordance with the public policy of the Mashantucket Pequot Tribe. All persons entering upon the Reservation for the purpose of participating in lawful gaming activities are deemed by such entry and participating to consent to the exercise of jurisdiction by the Tribe over such persons in any civil action to enforce obligations arising from any transaction which arises within the Mashantucket Pequot Reservation, including the jurisdiction of the Tribal Courts of the Mashantucket Pequot Tribe, and except where otherwise prohibited by the laws of the Tribe the Tribal Court of the Mashantucket Pequot Tribe shall have jurisdiction over such actions and persons to enforce such obligations.

Except as modified by the provisions of this Ordinance or other laws of the Tribe, the laws of the Tribe applicable to any commercial transaction arising within the Mashantucket Pequot Reservation shall be deemed to be those laws of the State of Connecticut which are generally applicable to similar commercial transactions occurring elsewhere within the State, and such laws are hereby adopted and incorporated by reference as the laws of the Tribe applicable to such transactions.

The provisions of this Ordinance shall be applicable to all security interests granted by the Tribe prior to the enactment of this Ordinance, unless such application would be inconsistent with rights vested in any party other than the Tribe by operation of the provisions of any existing contract between the Tribe and such party. 

This Ordinance shall be known as the Debt Collection Ordinance.

Unless otherwise required by the context, the following words and phrases shall be defined accordingly:

a. These rules govern the procedure in the Tribal Court in all actions involving credit instruments relating to the Gaming Enterprise. These rules shall be construed and administered to secure the just, speedy, and inexpensive determination of such actions.

b. Any person who has received credit from the Gaming Enterprise is deemed to have submitted to the jurisdiction of the Tribal Court.

c. The Tribal Court shall have jurisdiction over these causes of actions. The Court’s jurisdiction shall be civil in nature and shall include the power to impose fines and sanctions for contempt, and such other orders as may be appropriate to the extent not prohibited by tribal or federal law.

An action for collection of a debt is commenced by filing a complaint with the Tribal Court.

a. Plaintiff. Every action shall be prosecuted in the name of the Gaming Enterprise. The Tribe shall not be considered a real party in interest for any purpose in any action under this Ordinance.

b. Defendant. The party who is an obligor of a debt obligation and in whose name an action for collection of a debt obligation may be sued.

a. Form. The Summons shall be signed by the Clerk, identify the parties, be directed to the defendant, and state the name and address of the plaintiff’s attorney. The Summons shall also state the times within which the defendant must appear and file an answer to the Complaint, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the Complaint.

b. Issuance. Upon or after filing the Complaint, the plaintiff shall present a summons to the Clerk for signature. If the Summons is in proper form, the Clerk shall sign and issue it to the plaintiff for service on the defendant. A Summons, or a copy of the Summons if addressed to more than one defendant, shall be issued for each defendant to be served.

c. Service with Complaint and by Whom Made.

d. Manner of Service. A person domiciled on the Reservation or subject to the jurisdiction of the Tribal Court may be served with process within or outside the territorial jurisdiction of the Court in any of the following manners:

e. Proof of Service. The person effecting service shall make proof thereof by an affidavit attesting that service was made, the person on whom and the manner in which service was made, including the date and time of the service, and the fees of such service, if any. The Affidavit of Service, as well as any return receipt on mail delivery, shall be returned to plaintiff’s attorney, who shall then file the service documents promptly with the Clerk as evidence of proof of service.

a. Service. Except as otherwise provided in these procedures, every order required by its terms to be served, every pleading subsequent to the original Complaint, every paper, motion, notice, and appearance shall be served upon each of the parties.

b. How made. Service upon a party shall be made by delivering a copy of the pleading or other paper to the attorney or the party or by mailing it to the attorney or party at the attorney’s or party’s last known address. Service is complete upon mailing.

c. Certificate of Service. All pleadings and papers required to be served upon a party, other than the Complaint, shall include a certificate of service and be filed with the Court.

d. Filing with the Court Defined. The filing of papers with the Court as required by these procedures shall be made by filing them with the Clerk. The Court may permit papers to be filed by facsimile if such means are authorized by the Court. The Clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these procedures.

a. Service. The Summons and Complaint shall be served upon the defendant within 45 days from the date the Summons is issued. For the purpose of computing time under these rules, the date of service shall be the Service Date.

b. Appearance. The defendant shall file an Appearance in the action within 20 days from the Service Date, and that date shall be the Appearance Date.

c. Answer. The defendant shall file an Answer to the Complaint within 20 days from the Appearance Date.

d. Reply. The plaintiff shall file a Reply within 20 days from the date the Answer is filed.

e. Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper and the notice or paper is served by mail, three days shall be added to the prescribed period.

a. Pleadings. There shall be a Complaint, an Answer and a Reply. No other pleading shall be allowed. Every pleading shall contain a caption setting forth the name of the parties, the title of the action, and the file number. All pleadings and other papers must be signed.

b. Motions and Other Papers. An application to the Court for an order shall be by motion, which shall state with particularity the grounds thereof and shall set forth the relief or order sought.

c. Complaint. The Complaint shall contain the following:

d. Answer. The defendant shall state in short and concise terms the party’s response to the Complaint and the defenses to each claim asserted. No counter-claim shall be allowed.

e. Reply. The plaintiff shall file a short and concise response to defendant’s affirmative defenses.

f. Amendments. A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served, or, if the action has not been placed upon the Pre-Hearing Conference calendar, the party may amend the pleading at any time within 20 days after it is served. Otherwise, a party may amend the party’s pleading only by leave of Court or by written consent of the adverse party, and leave shall be freely given when justice so requires.

a. When Presented. Every defense, in law or in fact, to a claim for relief shall be affirmatively set forth in particularity in the Answer.

b. Types Recognized. The Court shall recognize only these affirmative defenses:

c. Waiver or Preservation of Certain Defenses.

a. Purposes. In its discretion, the Court may direct the attorneys for the parties and any unrepresented party to appear before it for a conference before the Hearing for such purposes as to:

b. Attendance and Sanctions. The Pre-Hearing Conference shall be attended by the attorney for each of the parties and by any unrepresented party. If a party or party’s attorney fails to attend the Pre-Hearing Conference or if a party or party’s attorney is substantially unprepared to participate in the Pre-Hearing Conference, or if a party or a party’s attorney fails to participate in good faith, the Judge, upon motion or upon the Judge’s initiative, may make such orders with regard thereto as are just, including requiring the party or the attorney representing the party or both to pay the reasonable expenses incurred because of noncompliance with this rule, including attorney’s fees, or entering judgment against the appropriate party, unless the Judge finds that the noncompliance was substantially justified or that other circumstances make the proposed sanction unjust.

c. Briefs. Briefs generally are not required. Parties may submit a brief to the Court prior to the Pre-Hearing Conference on any issue raised in any pleading. The Court may request briefs from the parties on any issue.

a. Disclosure Required. A party shall make its disclosure of all evidence as defined below based on information then reasonably available to it and the party is not excused from making disclosure because it challenges the sufficiency of another party’s disclosure or because another party has not made its disclosure.

b. Manner of Disclosure. As part of and at the time of filing the pleadings, a party shall make disclosure of and provide the following information to other parties:

c. Failure to Make Disclosure; Sanctions. A party who fails or refuses to make a disclosure required by this rule, after a good faith effort has been made to secure the disclosure, may be subject to sanctions by the Court. The Court may make such sanctions as are just, including the following:

a. A Hearing shall be conducted by the Court without a jury. The Hearing shall take place within 10 days of either the filing of the Reply or the Pre-Hearing Conference if requested by the Court.

b. The Hearing shall be limited to the pleadings, briefs, if any, and any evidence submitted by the parties.

c. The Court shall find the facts specifically and state separately its conclusions of law thereon, and judgment shall be made according to Section 15.

a. By Plaintiff. An action may be withdrawn by the plaintiff without order of the Court by: (1) filing a notice of withdrawal; or (2) filing a stipulation of withdrawal signed by all parties who have appeared in the action. The withdrawal is without prejudice, except that a notice of withdrawal operates as an adjudication on the merits when filed by a plaintiff who has once before withdrawn the same action in the Court.

b. Involuntary. A defendant may move for dismissal of an action or of any claim against the defendant for the failure of the plaintiff to prosecute or to comply with these rules or order of the Court. A dismissal under this provision operates as an adjudication upon the merits.

a. Definition. As used in these rules, a judgment includes a decree and any other order that disposes of all issues in the action and from which lies an appeal.

b. Entry of Default. When a party against whom a judgment for affirmative relief is sought fails to appear on or before the second day following the Appearance Date, or otherwise fails to file necessary pleadings or defend against the claim, and that fact is made by affidavit, the Clerk or the Court may enter the party’s default. Judgment by default may be entered as follows:

c. Setting Aside Default. For good cause shown, the Court may set aside an entry of judgment after default within four months from the date of entry of judgment.

a. Manner of Entry. Entry of judgment shall be made in the following manner:

b. Relief from Judgment or Order. Relief from a judgment or order may be had in the following manner:

a. Full faith and credit shall be given in the Tribal Court to the judicial proceedings any Court of competent jurisdiction in which a final judgment has been obtained.

b. Notwithstanding any of the provisions in this Section, the Tribal Court may refuse to recognize the judgment of any Court which has refused or has clearly indicated that it would refuse to honor the valid final judgment of the Tribal Court.

a. A final judgment may be appealed to the Appellate Division of the Mashantucket Pequot Tribal Court.

b. The rules of the Appellate Division shall govern any such appeals.

All actions brought under this Ordinance shall be determined by the Court in accordance with Tribal law. The Court may be guided, but not bound by, the principles of law applicable to similar claims arising under the laws of the State of Connecticut or of the United States.

Any action brought pursuant to this Ordinance shall be instituted within six years from the date the cause of action arises.

This Ordinance applies to any written contact, agreement or other instrument entered into by:

An agreement in any written contract, agreement or other instrument, or in a separate writing executed by the parties to any written contract, agreement or other instrument, to settle by arbitration any controversy thereafter arising out of such contract, agreement or other instrument or any other transaction contemplated thereunder, including the failure or refusal to perform the whole or any part thereof, or a written agreement between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement, shall be valid, irrevocable and enforceable.

a. In any contract, agreement or instrument described in Section 1 of this Ordinance, the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract, agreement, instrument or controversy. Such choice of law shall be valid and enforceable, and not subject to revocation by one party without the consent of the other party or parties hereto, provided that the subject matter of the contract, agreement instrument or controversy, and at least one of the parties thereto, shall have some contact with the jurisdiction so selected.

b. In any proceeding under this Ordinance, whenever the contract, agreement or other instrument 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 be effective to 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.

c. In any proceeding under this Ordinance, whenever the contract, agreement or other instrument does not set forth a choice of law provision, the Tribal Court shall first apply the substantive law of the Tribe, including any applicable choice of law principles, and then the substantive law of the State of Connecticut, including any applicable choice of law principles, provided that such law does not conflict with this Ordinance or other applicable Tribal law.

a. If any action for legal or equitable relief or other proceeding is brought by any party to any contract, agreement or instrument described in Section l of this Ordinance, 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 agreement.

b. A party to any contract, agreement or instrument described in Section 1 of this Ordinance claiming the neglect or 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 their agreement In such event, the Tribal Court shall order the parties to submit to arbitration in accordance with the provisions of the contract, agreement or instrument and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).

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 such parties shall agree in writing that the advice of the Court shall be final as to the question presented and that it shall bind the arbitrator(s) in rendering any award.

a. If the time within which an award is rendered has not been fixed in the arbitration agreement, 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.

b. 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.

a. 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.

b. Any party applying for an order confining an arbitration award shall, at the time the order is filed with the Clerk of the Tribal Court for entry of judgment thereon, file the following papers with the Clerk:

c. An arbitration award shall not be subject to review or modification by the Tribal Court, but shall be confirmed strictly as provided by the arbitrator(s). 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.

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

a. The Mashantucket Pequot Tribal Appellate Court shall have exclusive Tribal Court jurisdiction over any action to enforce an agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate and to enforce an award made by an arbitrator pursuant to such agreement to arbitrate, contained in any contract, agreement or other instrument described in Section 1 of this Ordinance to which the Mashantucket Pequot Tribe is a party; provided that the Mashantucket Pequot Tribal Council has explicitly waived the defense of tribal sovereign immunity in the contract, agreement or other instrument; and provided further that the said contract, agreement, or other instrument does not expressly prohibit the Tribal Court from exercising jurisdiction thereunder.

b. The jurisdiction of the Tribal Appellate Court under this Ordinance shall be concurrent with the jurisdiction of any state or federal Court to the jurisdiction of which the Council shall have explicitly consented in such contract, agreement or other instrument. Any consent to the jurisdiction of a state or federal Court contained in a contract, agreement or other instrument described in Section 1 of this Ordinance to which the Mashantucket Pequot Tribe is a party shall be valid and enforceable in accordance with its terms.

c. In addition to the general qualifications for Tribal Court Judges, a Tribal Appellate Court Judge that may be assigned to preside over an action brought under this Ordinance to enforce an agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate or to enforce an arbitration award in connection with a contract described in subparagraph a. of this Section 9 shall, whenever possible, also have had substantial experience as a federal district Court Judge or magistrate or shall have been a Judge in a federal Court of appeals.

a. The Mashantucket Pequot Tribal Council recognizes that it is in the best interest of the Tribe to provide a forum to address civil causes of action, including civil actions by or against the Tribe, tribal enterprises, Tribal members and any other person or entity who, through their residence, presence, business dealings, other actions or failures to act, or other significant minimum contacts with the Tribe or on tribal lands, are entitled to civil redress or incur civil obligations. For purposes of this law, "tribal lands" means Indian Country, as that term is defined in 18 U.S.C. § 1151. The intent of this law is that the jurisdictional powers of the Mashantucket Pequot Tribal Court shall be exercised to the fullest extent possible and construed to serve the ends of justice.

b. Original Jurisdiction. Except as may be limited by tribal or federal law, the Tribal Court is hereby authorized and shall have general and original jurisdiction over all civil causes of action. The Tribal Court shall have the power to fashion any remedy reasonably required to enforce judgments, including but not limited to, attachments, garnishments and executions.

c. Personal Jurisdiction. As to a cause of action arising from any of the acts enumerated in this section, the Tribal Court may exercise personal jurisdiction over any person, Indian or non-Indian, or any entity,

d. Limitation on Jurisdiction.

a. The Tribe hereby expressly waives its sovereign immunity from suit in the Tribal Court for actions founded upon a tort of the Tribe or its agents, servants, or employees acting within the scope of their employment.

b. With respect to any action whether founded in tort, contract, or otherwise, to recover damages for bodily injury or physical harm to a person, damages awarded by the Tribal Court shall be limited to actual damages consisting of ascertainable loss of money or property sustained as a result of an injury, and for pain and suffering or mental anguish, provided that damages for pain and suffering or mental anguish shall not exceed fifty percent of the actual damages awarded.

c. Nothing in this law shall affect the provisions of the tribal law applicable to the Gaming Enterprise, 1 Mashantucket Pequot Tribal Laws, Title IV, Chapter 1, which shall remain in full force and effect.

Except as provided in Section 1.d. (1) of this law, the Tribe hereby expressly waives its sovereign immunity from suit in the Tribal Court and the immunity of its tribal enterprises for actions upon written contracts or agreements in which the Tribe or a tribal enterprise is a party, and which have been approved and executed by a duly authorized tribal officer or official acting within the scope of his or her actual authority and in the ordinary course of business.

a. Statute of Limitations.

b. Written Agreements; Statute of Frauds. No action on a contract may be maintained in the following cases unless the contract, or memorandum of the agreement, is made in writing and signed by the party, or the agent of the party, to be charged:

a. All actions against the Tribe or a tribal enterprise shall be tried to the Court and not to a jury. No costs shall be taxed against the Tribe or its enterprises.

b. In all actions where it is alleged that the liability of the Tribe is based upon the action of an agent, servant, or employee of the Tribe acting within the scope of his or her employment there shall be no separate cause of action existing against said agent, servant, or employee, and nothing in this law shall be construed to waive the sovereign immunity of the Tribe to the extent that sovereign immunity would be applicable to such individual and such sovereign immunity is waived only for purposes of an action against the Tribe as specifically permitted in Tribal Court pursuant to Section 2 of this law.

c. The following shall not apply to claims against the Tribe or its enterprises:

This law shall apply to

According to the Constitution of the Mashantucket Pequot Tribe, the Tribal Council is the legislative body of the Tribe. Constitution, Article VI, § 1. The Judicial Committee is the Standing Committee of the Tribal Council with responsibility for the initial development and continued review of the laws of the Tribe. Constitution, Article VI, § 8. In determining the meaning of a law and discerning the intent of the legislature, a court will first look to the words of the statute, and, if there is any ambiguity, to the legislative history and circumstances surrounding its enactment, to the legislative policy it was designed to implement, and to its relationship to existing legislation and common law principles governing the same subject matter. In drafting the Civil Actions Law, the Committee reviewed several issues about the scope of the proposed law’s application, particularly with respect to the jurisdiction of the Court, the Tribe’s sovereign immunity, the types of cases which could be brought, and potential awards and damages authorized thereunder. The purpose of this legislative history is to provide insight into the Committee’s discussions and deliberations, and to articulate the intent of the law so that it may be properly interpreted and applied.

The foundation of a court system is its jurisdiction. The federal court system has its jurisdictional foundation in the federal Constitution – likewise with state court systems and the constitutions. The Constitution of the Mashantucket Pequot Tribe, however, does not specifically address the exercise of the Tribe’s judicial authority, and, until recently, the Tribal Council had exercised all the judicial powers to the Tribe.

In 1992 the Tribal Council formally established the Mashantucket Pequot Tribal Court "to adjudicate civil disputes that arise on the Reservation involving all persons." Mashantucket Pequot Tribal Council Resolution No. 011092-02, codified at 1 M.P.T.L. Title I, ch. 1. The Tribal Council provided in that law that Tribal Court shall have "original and general jurisdiction over all causes of action except as may be limited by the Tribal Council and by Federal Law." Id. The Tribal Council then enacted the Sovereign Immunity Waiver Ordinance which, as indicated by its name, waived the immunity of the Mashantucket Pequot Gaming Enterprise, operating as an arm of the tribal government, for certain negligence and personal injury claims arising on the Gaming Enterprise site. 1 M.P.T.L. Title IV, ch. 1.

The Tribal Court’s jurisdiction has gradually been expanded to include criminal, traffic, child welfare, family relations, debt collection, and probate matters. Through these legislative actions, the Tribal Council seeks to protect important tribal interests such as promoting the goal of self-government and the overriding goal of encouraging tribal self-sufficiency, accountability and economic development.

The Tribal Council had not previously provided a forum for other civil causes of actions or had specifically authorized the Tribal Court to hear any cases brought directly against the Tribe. Such cases have been brought in state and federal courts where those courts’ jurisdiction over the Tribe and ability to provide a remedy are being tested in light of the Tribe’s sovereign immunity and the doctrine of exhaustion of tribal remedies. This immunity is rooted in the unique relationship between the United States government and Indian tribes whose sovereignty substantially predates the federal Constitution. Such immunity is necessary to preserve the autonomous political existence of the Tribe and to preserve tribal assets. The Mashantucket Pequot Tribe considers its sovereignty as a necessary corollary to self-government and further considers the jurisdiction of its Tribal Court as a principle element of self-government.

Accordingly, the Civil Actions Law establishes several significant jurisdictional components:

The Civil Actions Law does not attempt to define the parameters of the Court’s jurisdiction over particular kinds of civil actions except to the extent they must be founded on negligence or tortious conduct or on a written contract. It is difficult to define all such actions particularly from a policy perspective. Nonetheless, the scope and extent of the Tribal Court’s jurisdiction over these causes of action have been defined to a great extent by the developing body of tribal common law. As a court of general jurisdiction, the Tribal Court will be available to all litigants who have significant contacts with the Tribe or on Tribal lands and to all causes of action founded on negligence or other tortious acts arising from such contacts.

The Tribal Court will have jurisdiction to adjudicate matters involving the violation of a person’s civil rights as defined in the Indian Civil Rights Act, 25 U.S.C. §§ 1301-1303 ("ICRA"). The ICRA imposes certain restrictions somewhat similar to the Bill of Rights and the Fourteenth Amendment of the United States Constitution upon Indian tribes when exercising powers of self-government.

Indian tribes exercise inherent sovereign authority over their members and their territory. Tribal sovereign immunity protects the Tribe from suit without its consent. The Tribe may waive its immunity from suit and allow itself to be sued, but that waiver must be unequivocally expressed by the Tribe and cannot be implied by the judicial branch. Moreover, such waivers or conditional limitations on the Tribe’s immunity from suit must be strictly construed and interpreted liberally in favor of the Tribe. The Gaming Enterprise, as an arm of the tribal government, is cloaked with the same immunity form suit as the tribe itself. By waiving the Gaming Enterprise’s immunity from suit, however, the Tribe does not waive its governmental immunity from suit.

Tribal officials also generally enjoy the government’s immunity from suit when they act within the scope of the government’s authority. Thus, where a tribal officer or official has been duly authorized to act, that official is cloaked with the same immunity from suit as the Tribe itself.

The Tribe has previously provided an express waiver of the Gaming Enterprise’s immunity from suit for certain negligence claims arising on the Gaming Enterprise site and specifically for certain employee rights claims against the Gaming Enterprise. The Civil Actions Law provides a further waiver of the Tribe’s sovereign immunity and consent to suit in the Tribal Court for particular subject matters.

Thus, in keeping with the strict construction of tribal law, waivers of sovereign immunity must be clearly and unequivocally expressed. Such expression is only by action of the Tribal Council through Resolution and cannot be effected by any other independent action. The Tribe has intentionally limited its waiver of immunity from suit to the Tribal Court and has specifically retained its immunity in any other matters which may be brought against it in any other forum.

The Civil Actions Law allows for damages to be awarded against the Tribe and maintains the same limits on those damages as those applicable to the Gaming Enterprise.

Consistent with current tribal law, there is no jury trial for actions against the Tribe. In addition, the Civil Actions Law prohibits any award against the Tribe based on strict liability, punitive or exemplary damages, loss of consortium or injunctive relief. The Civil Actions Law also maintains the tribal law applicable to the Gaming Enterprise as the exclusive authority under which to bring an action against the Gaming Enterprise for torts committed on Gaming Enterprise property.

The Civil Actions Law establishes a different statute of limitations than provided by previous tribal law. All written contract actions must be brought within one year after the right of action accrues and for any tort action, the injured party must bring his claim within one year from the date of the act or omission complained of, and for torts the party must file a written notice of the claim with the Tribal Clerk within 180 days from the date of injury. The Civil Actions Law requires that any contract action in Tribal Court must be founded on a written agreement, and not an oral agreement. It is also specifically authorizes the Tribal Court to fashion remedies reasonably required to enforce a judgement. These remedies include attachments, garnishments and execution. The Tribal Court is expressly prohibited, however, to hear any action relating to a banishment or exclusion. Those actions have been left to the authority of the tribal government. The Tribe will enact a comprehensive enforcement of judgment and remedies law in the near future.

The intent of the Civil Actions Law is to provide a forum to adjudicate any right and provide a remedy for any aggrieved party with significant contacts with the Tribe or tribal lands. The court should employ a strong presumption of Tribal Court jurisdiction wherever the facts and circumstances indicate such significant contacts. The United States Supreme Court has firmly established a policy of abstention in favor of tribal court jurisdiction. The requirement of exhaustion of tribal remedies is necessary as a matter of comity and respect for tribal forums. Tribal authority over the activities on or relating to tribal lands is an important part of tribal sovereignty. Thus, civil jurisdiction over all such activities presumptively lies in the Tribal Court unless affirmatively limited by specific treaty provision or by federal statute or tribal law. Tribal courts play a vital role in tribal self-government. Through this law’s expression of the Tribal Court’s jurisdiction as to civil actions, the Tribe further recognizes and achieves an important attribute of its sovereignty.

As used in this Chapter, unless the context otherwise provides:

a. There shall be a Mashantucket Pequot Workers’ Compensation Commission to administer the Mashantucket Pequot Tribal Workers’ Compensation Code. There shall be one full-time Mashantucket Pequot Tribal Workers’ Compensation Commissioner, and part-time Commissioners as are necessary to effectively carry out the duties of the Commission. Commissioners shall be appointed by the Tribal Council and shall serve for a term of three years. The full-time Commissioner shall serve as Chief Commissioner of the Tribal Workers’ Compensation Commission. On or before the date of the expiration of the term of each Commissioner or upon the occurrence of a vacancy in the office of any Commissioner for any reason, the Tribal Council shall appoint a competent person to fill that office.

b. Each Commissioner shall be sworn to a faithful performance of his duties. The Tribal Council may remove any Commissioner for cause. The Chief Commissioner shall devote all of his time to the duties of his office and shall not be otherwise gainfully employed.

The Tribal Council shall determine the annual salary and compensation of the Commissioners.

The Commissioner shall hear all claims and questions arising under this Code. The Commissioner shall have power to summon and examine under oath such witnesses, and may direct the production of, and examine or cause to be produced or examined, such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to any matter at issue as he may find proper, and shall have the power to order depositions. He shall have power to certify to official acts and shall have all powers necessary to enable him to perform the duties imposed upon him by the provisions of this Code.

a. The Chief Commissioner shall adopt regulations specifying the minimum information to be contained in a notice of the availability of compensation which shall be posted in the workplace by each employer.

b. On or after the enactment of this Code, the employer or any insurer acting on behalf of an employer, may establish a plan, subject to the approval of the Chief Commissioner, under subsection c. of this section, setting forth the provision of medical care which the employer provides for the treatment of any injury or illness under this Code. Each plan shall contain such information as the Chief Commissioner shall require, including, but not limited to:

c. The plan established by subsection b. of this section may include, but not be limited to the following standards:

The Chief Commissioner shall prepare, publish and distribute an illustrated booklet explaining, in informal and readily understandable language, employee benefits and responsibilities under the Mashantucket Pequot Tribal Workers’ Compensation Code. The Chief Commissioner shall prepare, publish and distribute revisions to such booklet whenever changes in the Tribal Workers’ Compensation law necessitates such revision.

a. The Chief Commissioner may hear any matter arising under this Code. The Chief Commissioner shall prepare the forms used by the Commission and cause to be published decisions of the Commission. The Chief Commissioner shall be provided with sufficient staff to assist him in the performance of his duties. The Chief Commissioner may, within available appropriations, appoint acting Tribal Workers’ Compensation Commissioners on a per diem basis from qualified members of the bar of the Mashantucket Pequot Tribal Court which shall have all the powers and duties of a Compensation Commissioner.

b. In addition, the Tribal Workers’ Compensation Chief Commissioner shall: