Nottawaseppi Huron Band of the Potawatomi, MI
Calhoun County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 2-16-2012 by Res. No. 02-16-12-04 (Title I, Ch. 1, of the Tribal Code). Amendments noted where applicable.]

§ 1.1-1 Purpose.

To fulfill the requirements as stated in Article IV, Section 3 of the Constitution of the Nottawaseppi Huron Band of Potawatomi Indians, and to regulate the manner of conducting business and preserve the integrity as legitimate leaders of the people for the tribe.

§ 1.1-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
TRIBAL COUNCIL MEMBER
A member of the Nottawaseppi Huron Band of the Potawatomi who is duly elected or appointed to a seat on the Tribal Council and has sworn to an oath of office in accordance with the Tribal Constitution.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi Indians, a federally recognized tribe.

§ 1.1-3 Tribal Council seats.

A. 
Election of Tribal Council member(s).
(1) 
In order to seek election, a person shall be verified as a duly enrolled member of the Tribe.
(2) 
The Election Board shall have jurisdiction over the election process as prescribed in the Tribal Election Code.[1]
[1]
Editor's Note: See Ch. 3.1, Elections.
(3) 
The election process and the results must be deemed certified by the Election Board in accordance with the Tribal Election Code.
(4) 
Prior to the start of the first regular meeting of the Tribal Council following the certification of election results, newly elected members of the Tribal Council shall be sworn into office.
(5) 
The oath of office shall be administered by an Elder tribal member selected by the Tribal Council upon certification of the election results by the Election Board.
(6) 
No person may perform the duties of a Tribal Council member until such person has taken the oath of office.
(7) 
The oath of office will be given to newly elected Tribal Council members prior to the Tribal Council prep session.
B. 
Appointment of Tribal Council member(s).
(1) 
In the event any Tribal Council member seat becomes vacant, the Tribal Council shall appoint a tribal member who qualifies under the Tribal Constitution to serve until the next special election, as provided in Article IV, Section 10, of the Constitution.
(2) 
The Tribal Council shall have authority over the appointment process in accordance with the Tribe's Constitution.
(3) 
The Tribal Council shall consult with the Tribal Enrollment Office to verify that appointee is a tribal member and is not disqualified subject to the provisions as stated in Article III, Section 4, Letter a, Number 2, of the Constitution.
(4) 
The Tribal Council's appointee shall submit to a background investigation in accordance with the Tribe's Constitution, Article IV, Section 4.
(5) 
After satisfactory completion of tribal membership verification and a background investigation, the Tribal Council may vote on the appointment of the person.
(6) 
If the Tribal Council approves of the appointee, the appointee shall take the oath of office, as stated in § 1.1-3A(5) and (6), above.
(7) 
The person appointed to fill the vacant seat shall serve until the next special election or when the term expires, whichever comes first.

§ 1.1-4 Election of Tribal Council officers.

A. 
Nomination/Election of officers.
(1) 
After any newly elected or appointed Tribal Council member(s) are sworn into office, the Tribal Council shall conduct an organization meeting for the purpose of electing Tribal Council officers.
(2) 
The Chair, for the purpose of conducting the election of Tribal Council officers, shall be the highest ranking official holding a seat.
(3) 
The Chair shall call the meeting to order and seek nominations for the Chair of the Tribal Council. The Chair shall call for the vote, and based on the results, he or she shall introduce the Chair of the Tribal Council. The appointment is official, and the Chair will conduct the meeting.
(4) 
The Chair shall call for nominations for each Tribal Council officer position in descending order.
(5) 
The following shall be the rank of the Tribal Council:
(a) 
Chair;
(b) 
Vice Chair;
(c) 
Secretary;
(d) 
Treasurer; and
(e) 
Sergeant at Arms.
(6) 
Tribal Council officers will hold the same or equivalent officer position in any board created within the tribal organization unless otherwise provided in the charter or laws creating the Board.
(7) 
Once the appointments have been completed, the newly elected Chair shall close the election of officers.

§ 1.1-5 Duties of officers and the Tribal Council.

A. 
Tribal Council. The Tribal Council, although comprised of individual tribal members and officers, shall work as a governing body for the betterment of the Tribe. No official action can be taken by individual Tribal Council members without the approval of the Tribal Council.
B. 
Duties of the Chair. The Chair shall ensure that meetings are conducted in a safe and orderly manner. Any unreasonable loud or disruptive noise or conduct by any person(s), which obstructs the meeting of the Tribal Council, shall be cause for removal by the Tribal Council by a majority vote. The Chair of the Tribal Council shall preside over all meetings of the Tribal Council and of the General Membership. The Chair shall perform all the duties of the Chair under the Constitution and tribal law, and shall exercise all authority delegated to him/her by the Tribal Council. The Chair shall have a vote in all actions of the Tribal Council. The Chair shall be the official spokesperson of the Nottawaseppi Huron Band of the Potawatomi Indians and the Tribal Council, unless otherwise delegated, and shall be the official representative of the Tribe with other governments. The Chair shall be the official liaison between the Council and the Chief Executive Officer. The Chair will serve on at least one Tribal Council committee. The Chair shall direct the Administrative Assistant to the Tribal Council to give notice of all Tribal Council meetings.
C. 
Duties of the Vice Chair. The Vice Chair of the Tribal Council shall assist the Chair when called to do so or when necessary to carry out the duties and responsibilities of the Tribal Council. The Vice Chair shall preside at all meetings of the Tribal Council and General Membership meetings in the absence of the Chair. In such case, in the absence of the Chair, the Vice Chair shall have all the rights, privileges and duties as well as the responsibilities of the Chair. The Vice Chair shall serve on at least one Tribal Council committee.
D. 
Duties of the Secretary. The Secretary of the Tribal Council shall be responsible for all correspondence of the Tribal Council and for ensuring a complete and accurate account of all matters transacted at Tribal Council meetings and General Membership meetings. The Secretary shall be responsible for ensuring the facilitation and the maintenance of the minutes of all General Membership and Tribal Council meetings, and for keeping an accurate record of all resolutions and laws passed by the Tribal Council or the General Membership. The Secretary shall, within thirty (30) calendar days after minutes are approved by the Tribal Council, direct the Administrative Assistant to the Tribal Council to provide Tribal Administration with a copy of approved minutes for publication in the Turtle Press. The Secretary shall serve on at least one Tribal Council committee.
E. 
Duties of the Treasurer. The Treasurer of the Tribal Council shall be responsible for ensuring accounting for, receiving, receipting for, depositing, preserving and safeguarding all funds in the custody or under the control of the Tribal Council or the Tribe, and for maintaining the accuracy of all tribal financial records and accounts. The Treasurer shall be responsible for ensuring the monthly reporting to the Tribal Council of the financial condition of the Tribe, which complies with applicable law and regulations. The Treasurer shall be the official liaison between the Tribal Council and the Finance Director. The Treasurer shall serve on at least one Tribal Council committee.
F. 
Duties of the Sergeant at Arms. The Sergeant at Arms shall, at the discretion of the Tribal Council, ensure the escort of any disorderly person out of any Tribal Council or Membership meeting. The Sergeant at Arms shall serve on at least one Tribal Council committee.

§ 1.1-6 Duties and responsibilities of Tribal Council members.

A. 
The majority of work performed by Tribal Council members and the related preparations for meetings typically include the following items:
(1) 
Conducting research on issues in preparation for Tribal Council deliberations.
(2) 
Reading documents and literature pertaining to upcoming agenda items.
(3) 
Participating in teleconferences.
(4) 
Chairing committee meetings and preparing recommendations for actions or decisions to be presented for Tribal Council consideration.
(5) 
Preparing budgets for the specific committee the Council member sits on.
(6) 
Attending Tribal Council work sessions.
B. 
Each Tribal Council member has a duty to uphold the Tribe's Constitution and perform his/her duties with integrity, honesty and the willingness to perform public service to the best benefit of the Tribe and community. Tribal Council members will be required to uphold the highest ethical standards, always placing the interests of the Tribe and community before personal interests. Tribal Council members must commit to maintain a drug-free lifestyle and may be required to submit to drug and alcohol screening in accordance with ethics or other codes of conduct adopted by the Tribal Council.
C. 
Essential duties and responsibilities:
(1) 
Perform all duties within the limits of the Tribe's Constitution.
(2) 
Attend all regular scheduled Tribal Council meetings.
(3) 
Participate in special and emergency Tribal Council meetings as required.
(4) 
Participate in Tribal Council work sessions as required.
(5) 
Follow rules established by the Tribal Council regarding the internal organization and performance of Tribal Council duties, including notification of request for an excused absence from meetings, travel requests, training seminars, committee report requirements, etc.
(6) 
Participate in teleconferences as required.
(7) 
Follow the legislative process as adopted by the Tribal Council to review and vote on legislation.
(8) 
Adopt executive level policies and procedures to provide direction and guidance to tribal operations.
(9) 
Participate in the Tribe's annual fiscal year appropriation process and adopt an annual operating budget.
(10) 
Take part in planning activities to create, adopt, monitor and update the Tribe's Strategic Plan.
(11) 
Adhere to the Tribe's fiscal policies and participate in the financial system functions as required, e.g., signing checks, reviewing files, monitoring monthly financial statements.
(12) 
Fulfill all duties and functions of the specific Tribal Council officer position (Chair, Vice Chair, Secretary, Treasurer, or Sergeant at Arms) that the member was elected to by Tribal Council.
(13) 
Serve on at least one Tribal Council committee per appointment by the Tribal Council. In the spirit of government-to-government relations, Tribal Council members may serve or participate on at least two greater local, community, state or federal board, commission, committee, workgroup, etc. Tribal Council members must obtain approval from the Tribal Council in order to serve on a board, committee or workgroup of any other government.
(14) 
In the spirit of promoting Native American programs, services or activities, Tribal Council members may serve or participate on regional, state, or national American Indian organizations as directed by Tribal Council including but not limited to: NCAI, MAST, MACPRA, NAIEA, NICWA, etc. All appointments of Tribal Council members to represent the Tribe on such organizations will be confirmed in written resolutions adopted by the Tribal Council.

§ 1.1-7 Meetings.

A. 
Conduct of meetings.
(1) 
The Tribal Council shall hold regular monthly meetings. The Tribal Council will publish the schedule for regular meetings in the calendar of events in the Turtle Press to satisfy the meetings notification requirement.
(2) 
Special meetings may be called by the Chair at any time or by any two Tribal Council members who petition in writing and state the reason therefor. In the event that there is at least 24 hours before the meeting commences, notice of the meeting shall be posted on the Tribe's website.
(3) 
Each person who wishes to speak must first raise his or her hand and be recognized by the Chairman or presiding officer in charge.
(4) 
No one is entitled to speak a second time if someone who has not yet had an opportunity to speak the first time wishes to do so.
(5) 
While speaking, no one is allowed to attack the motives or mention in any defamatory way, by name or deed, another person or speaker whether that person is present at the meeting or not.
(6) 
All remarks, comments and statements will be confined to the pending issue. No one is allowed to stray from the adopted agenda without permission of a two-thirds vote, or by unanimous consent.
(7) 
Motions and resolutions, once seconded and stated by the Chairman, are the property of the Tribal Council and not the property of the motion maker and can be disposed of only by the Tribal Council.
(8) 
Persons who interrupt the proceedings, or persons who intentionally create an atmosphere not conducive to fair and orderly meetings, are subject to censure and removal from the meeting.
(9) 
Any additional item(s) added to the agenda require a majority vote up until the time the agenda is adopted. Once the agenda has been adopted by a simple majority vote, changes require a two-thirds vote or by unanimous consent.
(10) 
All voting on motions and resolutions will be done via a roll call vote except when unanimous consent is given.
(11) 
Tribal Council members should abstain from voting only when they have a conflict of interest.
(12) 
No one is entitled to video or sound record Tribal Council and/or General Membership meetings other than those designated by the Tribal Council.
(13) 
Sign in sheets for all Tribal Council and General Membership meetings shall be included in the minutes and made a part of the tribal public record.
B. 
Who can attend?
(1) 
Nontribal members may attend only when invited by the Tribal Council by majority vote. Nonmember parents of minor children who are tribal members, and nontribal members serving as legal guardians of incompetent adult tribal members, may only attend meetings when invited to do so by the Tribal Council by majority vote.
C. 
Quorum.
(1) 
A quorum of the Tribal Council for transacting business shall be three Tribal Council members.
(2) 
The Tribal Council may conduct business at special meetings through the use of teleconferencing if necessary to establish a quorum for a special meeting. The vote of Tribal Council members at such meetings may be recorded by teleconference and facsimile in accordance with tribal laws and policies governing the use of teleconference meetings. Unless otherwise provided in the Tribe's Constitution or applicable law, the Tribal Council must identify all items of business transacted at any meeting conducted by teleconference, and records of all actions taken shall be made available in a subsequent regular or special meeting.
D. 
Unanimous consent.
(1) 
When the Chair believes that there is unanimous consent on any motion or resolution, the Chair may state the following, "Without objection, this motion/resolution is adopted." In the event that one or more Tribal Council member objects to unanimous consent, the Chair must then call for a vote on the motion, asking first for those in favor followed by those opposed.
E. 
Closed sessions; confidential information.
(1) 
Closed sessions authorized. The Tribal Council may meet in closed session to address personnel matters, business matters or legal matters. All or part of a meeting may be held in closed session. The Tribal Council shall disclose the general topic to be discussed in closed session to the tribal membership.
(2) 
Purpose. Closed sessions are intended to permit the Tribal Council to engage in open, frank discussion and debate regarding matters that may require confidentiality, involve proprietary business matters, negotiating positions or are covered by one or more legally recognized privileges. The Tribal Council may adopt motions or take other official actions in closed sessions, subject to the restrictions in Article IV, Section 7, Letter e, of the Constitution.
(3) 
Procedures applicable to closed meetings. Tribal Council members are required to preserve confidentiality on all discussions, motions, resolutions and all documents or information disclosed during the course of any discussion, debate and action in a closed session.
(4) 
The Tribal Council may only move into closed session following a motion and vote of the Tribal Council, or by an agenda that requires closed session, or by unanimous consent and has been duly adopted by a majority vote of the Tribal Council. Prior to entering into closed session, the Tribal Council Chair shall provide a general description of the matters to be addressed in closed session, the person(s) required to be present during the discussion of each closed session agenda item, and the general reason for discussing such matters in closed session. The Tribal Council Chair's description of the matter(s) shall be general enough to preserve any proprietary or privileged information.
(5) 
If the Tribal Council takes any official action in a closed session, a complete record of items considered and decided in closed session, including minutes, shall be maintained. Such minutes shall be filed in a confidential manner unless all or a part of the record of such meeting is opened to the public by the Tribal Council or upon order of the Tribal Judiciary.
(6) 
At the conclusion of each closed session, the Tribal Council will discuss whether any portion of the information discussed (i.e., documents or written minutes) of such meeting can be open to the public.
(7) 
Upon the conclusion of any closed session, the Tribal Council Chair shall ask for unanimous consent to move into open session. Should unanimous consent not be given, a motion to move into open session can be made by any Tribal Council member other than the Chairman and approved by a majority vote.
(8) 
Any Tribal Council member who knowingly or recklessly discloses information discussed, or documents reviewed, in executive session or closed session, which has not been approved for public dissemination, shall be subject to disciplinary action as stated in the Tribal Constitution and/or the Tribal Ethics Code.

§ 1.1-8 Substantial compliance.

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

§ 1.1-9 Repeal and precedence.

The Tribal Council Bylaws, adopted August 15, 2006, are hereby repealed; provided that the validity of any action taken by the Tribal Council under prior bylaws shall continue in full force and effect.

§ 1.1-10 Severability.

In the event a court of competent jurisdiction determines that any clause or section of these bylaws is invalid, such invalid clause or section shall be severed from the remaining body of these bylaws, and the remainder of the clauses or sections shall remain in full force and effect.

§ 1.1-11 Amendments.

These bylaws may be amended by the Tribal Council in accordance with the Constitution and any rules set forth governing amendment of laws which may be adopted by the Tribal Council.