This chapter shall be entitled the "Declaration of a State of
Emergency Ordinance."
This chapter is adopted pursuant to the authority granted to
the Legislature by Article III, Section 1, and Bylaw II, Section 2,
of the Menominee Constitution and Bylaws.
[Amended 4-23-2020 by Ord. No. 20-07]
A. The Chairperson of the Legislature, or in the Chair's absence, in
succession, the Chief of Police, the Vice Chair, the Emergency Management
Coordinator or a majority of the Tribal Legislature, may declare a
state of emergency and as such shall issue all necessary proclamations
relating to the existence of a state of emergency and shall issue
such disaster warnings or alerts as shall be required in the tribal
emergency response plan.
B. The Chairperson of the Legislature shall have the authority to take
the following emergency actions upon his or her declaration of a state
of emergency:
(1) Redirect up to $250,000 in appropriated tribal funds for emergency
use.
(2) Suspend standard procurement procedures.
(3) Redirect tribal employees to assist with a state of emergency.
C. The Tribal Emergency Management Coordinator shall take action in
accordance with the tribal emergency response plan only after the
declaration of an emergency and the issuance of official disaster
warnings.
D. Any declaration of a state of emergency shall be subject to review
for ratification or other action that the Legislature deems appropriate
at an emergency meeting called as soon as practicable after the declaration
of a state of emergency, or if convening an emergency meeting is impracticable,
at the next regular meeting of the Legislature.
E. The Legislature may, by resolution or emergency ordinance, establish
necessary procedures to prepare for and carry out any activity designed
to prevent, minimize, respond to or recover from a state of emergency.
The resolution or emergency ordinance may provide for coordination
with the County of Menominee, the State of Wisconsin, the United States
of America, or any other state or federal agency.
F. Any declaration of a state of emergency, including any emergency action or regulation promulgated under this chapter by the Chairperson or the Legislature shall, to the greatest extent possible, be posted in as many areas as required by Chapter
177, subject to any limitations or restrictions as may be imposed by the state of emergency, and in such other areas as may be deemed necessary by the Legislature, the Chairperson, or bona fide law enforcement personnel.
G. A declaration of a state of emergency shall only be terminated by
the Legislature when it deems that a state of emergency ceases to
exist.
Where at all possible, the Legislature shall appropriate supplemental
funds to any departments, programs, or other cost objectives from
which tribal funds have been redirected by the Chairperson or the
Legislature for use in the direction of state of emergency functions
and activities.
In the event of a conflict between the provisions of this chapter
and any other ordinance of the Tribe, the provisions of this chapter
shall control.
[Added 4-23-2020 by Ord. No. 20-07]
Any person who willfully violates or obstructs the execution
or enforcement of any tribal ordinance or Emergency Management Coordinator
order issued under this chapter for which no other penalty is prescribed
shall be subject to a civil forfeiture not to exceed $ 500.
[Added 4-23-2020 by Ord. No. 20-07]
A. Menominee
tribal police officers and conservation wardens are authorized to
enforce any order issued by the Emergency Management Coordinator pursuant
to this chapter.
B. The arrest and detention authority of the Menominee tribal police officers and conservation wardens in enforcing an order pursuant to §
196-8A includes a police officer or conservation warden stopping and questioning individuals in compliance with an approved checkpoint conducted under a checkpoint plan and guidelines regulating officer discretion. The checkpoint plan and guidelines must, at a minimum, comply with the requirements of §
120-3 regarding administrative searches. Notice of checkpoint plan and guidelines must be submitted to the Tribal Chairman's office by law enforcement for review and approval prior to the implementation of any checkpoint under this chapter.