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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 4-18-2019 by Res. No. 04-18-19-06[1]. Amendments noted where applicable.]
[1]
Editor's Note: This resolution also repealed former Ch. 1.1, Bylaws of the Tribal Council, adopted 2-16-2012 by Res. No. 02-16-12-04 (Title I, Ch. 1, of the Tribal Code).
To fulfill the requirements as stated in Article IV, Section 3 of the Constitution of the Nottawaseppi Huron Band of Potawatomi Indians. To regulate the manner of conducting business and preserve the integrity as legitimate leaders of the people for the tribe by following those guiding principles in Article II, Section 2(b) of the Constitution.
BUSINESS
Any enterprise, organization, trade, occupation or profession whether or not operated as a legal entity for profit, including any business, trust, holding company, corporation, partnership, LLC, joint venture, or sole proprietorship, consultant or other self-employed enterprise.
BUSINESS WITH WHICH THE PERSON IS ASSOCIATED
Includes any business in which the person is a director, officer, partner, trustee or employee, holds any position of management or receives income in any form such as wages, commission, direct or indirect investment worth more than $1,000 or holds any ownership, security or other beneficial interest, individually or combined, amounting to more than 10% of said business.
CENSURE
A statement issued by the Tribal Council following an investigation and hearing conducted by the Tribal Council pursuant to written procedures adopted by the Tribal Council, which acknowledges that a Tribal Council member has violated the bylaws and that Tribal Council strongly disapproves of the Tribal Council member's action(s) which violated the bylaws. An informal process utilizing cultural traditional practices, including, but not limited to, peacemaking and talking circles, shall be used as an initial step to resolve the issue before a more formal process of censure is initiated.
COMPENSATION or INCOME
Any money or thing of value received, or to be received as a claim on future services, whether in the form of a fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense or any combination thereof.
CONFIDENTIAL INFORMATION
Information which by law or practice is not available to the public at large.
CONFLICT OF INTEREST
The reasonable likelihood that any personal or economic interest of a Tribal Council member will be affected in any materially different manner from the interest of the general public, or by any decision, enactment, agreement, award or other official action or function of any governmental body, entity or political subdivision of the Nottawaseppi Huron Band of the Potawatomi.
DEPENDENT BUSINESS
Any business in which the person, individually or combined, has any direct or indirect ownership, investment, security or other beneficial interest amounting to more than 10% of such business.
ECONOMIC INTEREST
An interest held by a person, members of the person's immediate family living in the same household or a dependent business, which is any ownership, income, investment, security or other beneficial interest in a business, or any employment or prospective employment for which negotiations have already begun.
EMPLOYEE
Any person or entity working for, or rendering or exchanging any services or performing any act for, or on behalf of, another person, organization or entity in return for any form of pay or other compensation, or thing of value received, or to be received, at any time temporarily, permanently, or indefinitely in any capacity whether as agent, servant, representative, consultant, advisor, independent contractor or otherwise.
EMPLOYMENT
The status or relationship existing or created by and between a person designated or acting as an employee and the person, organization, group or other entity for whom or on whose behalf any such work, acts, services or other benefit has been, is being, or will be rendered or performed for pay or any other form of compensation.
ENTIRE TRIBAL COUNCIL or WHOLE TRIBAL COUNCIL
All of those Council members currently elected or appointed to a seat on the Tribal Council that must be present. There may be fewer than five Council persons making up the entire, whole or full Tribal Council when a Tribal Council seat is vacant.
GIFT
Any gratuity, favor, hospitality, payment, loan, economic opportunity, deposit of money, services, or other benefit received without equivalent consideration and not extended or provided to members of the public at large.
IMMEDIATE FAMILY
The person's husband/wife, domestic partner, father/mother, grandparent/grandchild, brother/sister, step-relative or in-law of the same kind.
INTENTIONALLY
A person's state of mind with respect to a result or to conduct where the person's conscious objective is to engage in such conduct or to cause such a result.
KNOWINGLY
When a person engages in conduct with a firm belief unaccompanied by substantial doubt that he or she is doing that conduct or where the person is aware that it is practically certain that the conduct will cause such a result.
OFFICIAL ACTION
The Tribal Council shall take official action only at a properly called Tribal Council meeting at which a quorum has been established.
PREP SESSION
This is an informal session of the Tribal Council wherein items set for the next regular meeting are reviewed and revised prior to their presentation at the regular meeting.
TRIBAL COUNCIL MEMBER(S); COUNCIL MEMBER(S), COUNCIL PERSON(S)
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.
WORKSHOP SESSION
This is an informal session of the Tribal Council when tribal government departments, committees and boards may present information and request direction from Council regarding projects and initiatives. In most instances, documents or other actions requiring formal approval by the Tribal Council are expected to first be presented in a workshop before the document or action may be considered at a prep session or a Tribal Council meeting. Tribal Council, however, reserves the right to consider any item needing approval at prep session or at a regular or special meeting of the Tribal Council which has not been reviewed at a workshop session.
A. 
Composition of the Tribal Council. The Tribal Council is composed of five duly elected or appointed members of the Tribe in accordance with tribal law.
B. 
Candidate Eligibility for Tribal Council.
(1) 
Under Article III, Section 4, and Article IV, Section 4 of the Constitution, a member is eligible to be a candidate in a Tribal Council election if he or she:
(a) 
Is 21 years of age or older as of the date of the election;
(b) 
Possesses a high school diploma or its equivalent;
(c) 
Possesses an associate's degree or higher or, in the alternative, has three years of combined work or military experience;
(d) 
Has not been convicted of, or pleaded guilty or no contest to, any felony, or any crime involving theft or fraud, violence against persons, or a sex offense within the last eight years;
(e) 
Has not been sentenced to a prison term of one year or longer within the last eight years;
(f) 
Has not been removed or recalled from any salaried, elected, or appointed office within the last 10 years, where such conduct does not result in a conviction or plea in a court of competent jurisdiction;
(g) 
Has not become a member of NHBP through the adoption procedure set forth in Article III, Section 4, of the Constitution; and
(h) 
Does not have a spouse, parent, legal guardian, legal ward, child, or sibling on the Tribal Council for any portion of the time they would serve on Tribal Council.
(2) 
The burden of establishing the qualifications for candidate eligibility is on the candidate or prospective candidate. (See also Title III, Chapter 3.1, Nottawaseppi Huron Band of the Potawatomi Tribal Elections Code.)
C. 
Election of Tribal Council member(s).
(1) 
The Election Board shall have jurisdiction over the election process as prescribed in the Election Code.
(2) 
The election process and the results must be deemed certified by the Election Board in accordance with the Election Code.
(3) 
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.
(a) 
The oath of office will be the first order of business at the organizational meeting following certification of the election results.
(b) 
In open session the oath of office shall be administered to newly elected Tribal Council members by the Elder Committee Secretary. The oath to be administered is as follows:
"I, (name of Council member), do solemnly swear that I will faithfully execute the office of Tribal Council for the Nottawaseppi Huron Band of the Potawatomi Indians, and will, to the best of my ability, preserve, protect, and defend the Constitution of the Nottawaseppi Huron Band of the Pottawatomi Indians, and to adhere to the Tribal Membership's mandates. I affirm this by all I hold sacred."
(c) 
After the oath is administered to the new Tribal Council member(s), the new member(s) may take his/her seat at Council Table. The persons leaving Council will be thanked and honored for their service to the community as he/she steps down from office.
(d) 
The organizational meeting of the newly elected/appointed Council may then commence with the election of officers as described in § 1.1-4, organizational meeting/election of Tribal Council officers.
(4) 
No person may perform the duties of a Tribal Council member until such person ls duly elected or appointed and has taken the oath of office. Once a member of the Council leaves his or her seat on Council, he or she no longer has any authority to act on behalf of the Tribal Council or the community in general unless through the appointment by Tribal Council to some other position and then only within the constraints of that newly appointed position.
D. 
Appointment of Tribal Council member(s).
(1) 
A Tribal Council seat is considered vacant when:
(a) 
A Council member is removed from office, or
(b) 
A Council member is no longer a member of the Tribe, or
(c) 
A Council member resigns; or
(d) 
The Council member dies while holding office or becomes too ill to fulfill his or her duties.
(2) 
In the event any Tribal Council member seat becomes vacant, the remaining Tribal Council members shall:
(a) 
Make a formal motion declaring the seat vacant and stating the reason for the vacancy and the date the seat became vacant; and
(b) 
By majority vote of all remaining members, appoint a tribal member, who meets the Constitutional and statutory qualifications, to serve until the next special election to be held in April at the General Membership meeting.
(c) 
The declaration of vacancy for a Tribal Council seat and the appointment of a new Tribal Council member do not have to take place at the same meeting.
(d) 
The Tribal Council alone has authority over the appointment process to fill a vacant Council seat and may hold a seat vacant until the next General Membership meeting unless five Council members are required for a pending action before the Council.
(e) 
To fill a vacant Tribal Council seat by appointment, the Council shall:
[1] 
Consult with the Tribal Enrollment Office to verify that the appointee is a tribal member eligible to serve; and
[2] 
Is not disqualified subject to the provisions as stated in Article III, Section 4(a)(2), of the Constitution, which includes a background investigation.
(3) 
Upon meeting the requirements to hold office as stated in § 1.1-3D(2)(e) of these bylaws, the Tribal Council may vote on the appointment of the person.
(4) 
If the Tribal Council approves, by majority vote of the whole Tribal Council, the appointee shall take the oath of office, as stated in § 1.1-3C(3)(b) above.
(a) 
The oath of office shall be administered by the Elder Committee Secretary.
(b) 
The appointed Council member may not perform the duties of a Tribal Council member until such person has taken the oath of office.
(5) 
The person appointed to fill the vacant seat shall serve until the next special election or when the term of the vacant seat expires, whichever comes first.
A. 
Nomination/election of officers.
(1) 
After any newly elected Tribal Council member(s) are sworn into office following each regular election, the Tribal Council shall conduct an organizational meeting for the purpose of electing Tribal Council officers.
(a) 
The organizational meeting is to be held before and separate from the first regular monthly meeting of the newly elected Tribal Council.
(b) 
The organizational meeting is open to tribal members.
(2) 
In any case in which a new member of the Tribal Council is sworn into office following any appointment or special election to fill a vacant seat as described in § 1.1-3D, the newly appointed or elected Tribal Council member shall be automatically placed in the officer position held by the former member whose seat was vacant, except for the position of Chair of the Tribal Council, which will require an organizational meeting.
(3) 
All current Council members and any newly elected members are required to be present at the organizational meeting. However, the inability or refusal of a Council member, who will be stepping down, to attend does not prevent the organizational meeting from taking place.
(4) 
The Interim Chair, for the purpose of conducting the election of Tribal Council officers, shall be the remaining highest ranking officer holding a seat.
(5) 
Tribal Council officers are selected by simple majority vote of the entire Council.
(6) 
The Interim Chair shall call the organizational meeting to order and seek nominations for the Chair of the Tribal Council. The Interim 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 rest of the officer elections and the meeting to follow.
(7) 
The Chair shall call for nominations for each Tribal Council officer position in descending order.
(8) 
The following shall be the line of succession of the Tribal Council officers:
(a) 
Chair;
(b) 
Vice Chair;
(c) 
Secretary;
(d) 
Treasurer; and
(e) 
Sergeant at Arms.
B. 
Once the appointments have been completed, the newly elected Chair shall close the election of officers and the organizational meeting.
A. 
The following are essential duties and responsibilities of each Tribal Council member:
(1) 
Perform all duties as required by tribal law and policy, within the limits of the Constitution.
(2) 
Attend regular scheduled Tribal Council meetings.
(3) 
Participate in special Tribal Council meetings as required.
(4) 
For scheduling purposes of Tribal Council business, to enter on the Tribal Council calendar, or provide to the Council's Administrative Coordinator, or designee, for addition to the calendar, all dates of unavailability, to the greatest extent known.
(5) 
Participate in Tribal Council workshops and prep sessions as required.
(6) 
Follow rules established by the Tribal Council regarding the internal organization and performance of Tribal Council duties, including:
(a) 
Providing notification to the rest of the Tribal Council of requests for an excused absence from regular Tribal Council or special Tribal Council meetings prior to the meeting date when possible,
(b) 
Submitting committee reports and meeting committee requirements on time.
(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, for example, by signing checks, reviewing files, and 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.
B. 
The majority of work performed by and expected of Tribal Council members includes but is not limited to 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 meetings which can include electronic participation.
(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(s) the Council member chairs.
C. 
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. Newly elected or appointed Tribal Council members must commit to a drug screening as soon as practicable after assuming office and conform with the Code of Ethics at § 1.1-6H below or other codes of conduct or ethics as adopted by the Tribal Council.
D. 
All records, equipment, and other property received by a Tribal Council member during his or her term in office from the Tribe or its government or business operations is the property of the Tribe.
(1) 
The outgoing Tribal Council members shall be responsible for delivering an accounting for all tribal documents and equipment in their possession to the current Tribal Council Chair within 30 days following their departure from office.
(2) 
If any Tribal Council member refuses or neglects to deliver to the Chair any official property as required or if the property or records shall come to the hands of any other person who refuses or neglects, on demand, to deliver them to the Chair, the Chair may authorize the filing of a complaint in the Tribal Court. If the Judge is satisfied by oath of the complainant and other testimony as may be offered that the property or things are being withheld, the Judge shall grant an order directing the person so refusing to show cause, within some short and reasonable time, why the person should not be compelled to deliver the records and/or property.
(3) 
At the time appointed, or any other time to which the matter may be adjourned, upon proof of service of the orders issued under subsection 5b above, if the person complained against makes affidavit before the Judge that the person has delivered to the Chair all of the official records and property in the person's custody or possession pertaining to the office, within the person's knowledge, the person complained against shall be discharged, and all further proceedings in the matter before the Judge shall cease.
(4) 
If the person complained against does not make such affidavit the matter shall be processed as follows:
(a) 
The Judge shall inquire further into the matters set forth in the complaint, and if it appears that any such property or records are withheld by the person complained against the Judge shall by warrant commit the person complained against to the jail in which tribal inmates are lodged, there to remain until the delivery of such property and things to the complainant or until the person complained against be otherwise discharged according to law.
(b) 
If requested by the complainant the Judge shall also issue a warrant directed to the tribal police or County Sheriff, in the daytime to search such places as shall be designated in such warrant for such official property and records as were in the custody of the former Tribal Council member whose term of office expired or whose office became vacant, or of which the officer was the legal custodian, and seize and bring them before the issuing Judge.
(c) 
When any such property is brought before the Judge by virtue of a search warrant, the Judge shall inquire whether the same pertain to such office, and if it appears that the property pertains thereto the Judge shall order the delivery of the property or things to the complainant.
A. 
Tribal Council.
(1) 
The Tribal Council, although comprised of individual tribal members and officers, shall work together as a governing body for the betterment of the Tribe.
(2) 
No official action can be taken by individual Tribal Council members without the approval of the Tribal Council as a whole.
(3) 
Each Tribal Council officer shall serve on at least two Tribal Council committees or boards, and may serve on Native American organizations and community organizations that are part of the greater community outside the NHBP Tribal Government.
(a) 
For NHBP committees, Tribal Council officers shall chair the Committee they sit on unless otherwise provided in the charter or laws creating the committee.
(b) 
For NHBP boards, Tribal Council officers will hold the same or equivalent officer position on any board created within the tribal organization unless otherwise provided in the charter or laws creating the board.
(4) 
All Tribal Council members are required to abide by the Code of Ethics contained in these bylaws, while holding their elected offices. Failure to abide by this Code of Ethics is grounds for investigation of the involved member and potential censure or removal from office.
B. 
Duties of the Chair.
(1) 
The Chair shall ensure that meetings are conducted in a safe and orderly manner. Any unreasonably laud or disruptive noise or conduct by any person(s), which obstructs the meeting of the Tribal Council, shall be cause for removal of the disruption by the Tribal Council by a majority vote.
(2) 
The Chair of the Tribal Council shall preside over all meetings of the Tribal Council and of the General Membership.
(3) 
The Chair shall provide notice as required in § 1.1-1B to other Council members for special meetings.
(4) 
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.
(5) 
The Chair shall have a vote in all actions of the Tribal Council.
(6) 
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.
(7) 
The Chair shall direct the Administrative Coordinator, or designee, to the Tribal Council to give notice of all Tribal Council meetings in accordance with Article IV of the Constitution.
C. 
Duties of the Vice Chair.
(1) 
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.
(2) 
The Vice Chair shall preside at all meetings of the Tribal Council and General Membership meetings in the absence of the Chair.
(3) 
The Vice Chair shall assume the duties of the Chair when the Chair is unable to perform those duties and the Chair's seat has not been deemed vacant.
(4) 
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.
D. 
Duties of the Secretary.
(1) 
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.
(2) 
In the absence of both the Chair and the Vice Chair, the Secretary shall:
(a) 
Preside at all meetings of the Tribal Council and General Membership meetings and assume the duties of the Chair.
(b) 
In such case, the Secretary shall have all the rights, privileges and duties as well as the responsibilities of the Chair.
(3) 
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.
(4) 
The Secretary shall, within 30 calendar days after a meeting of the General Membership or the Council direct the Administrative Coordinator, or designee, to the Tribal Council to provide the Government Records Office with a copy of any approved minutes, laws, resolutions, policies, contracts and any other documents of note, for archiving and publication.
(5) 
The Secretary shall administer the oath of office to those NHBP government officials appointed by Council to positions other than that of a Tribal Council member. If there is a conflict of interest, the oath shall be administered by the next officer in the line of succession.
(6) 
The Secretary shall be the official liaison between the Tribal Council and the Government Records Department.
E. 
Duties of the Treasurer.
(1) 
The Treasurer of the Tribal Council shall be responsible for ensuring accounting for, receiving of, 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.
(2) 
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.
F. 
Duties of the Sergeant at Arms.
(1) 
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.
(2) 
The Sergeant at Arms shall assist in the conducting of any ceremonies associated with the administration of the oath of office for appointed government officials.
G. 
Line of succession.
(1) 
The Chair shall be the head of the Tribal Council. In the absence of the Chair, the Vice Chair shall assume the duties and responsibilities of the Chair. In the absence of both the Chair and the Vice Chair, the Secretary shall assume the duties of the Chair.
(2) 
If ever three seats on the Council are deemed vacant at the same time, the Elders' Committee officers shall be called upon to assume vacant seats on the Council as follows:
(a) 
The highest ranking remaining Tribal Council officer shall assume the duties of Chair.
(b) 
The remaining Tribal Council officer shall assume the duties of Vice Chair.
(c) 
The officers of the Elders' Committee, other than the Council member Chairperson of the Committee, shall assume the remaining seats and officer positions on the Tribal Council in the same order of hierarchy of the seats those persons hold on the Elders' Committee.
H. 
Code of Ethics. The enrolled tribal members of the Nottawaseppi Huron Band of the Potawatomi are entitled to have complete confidence in the loyalty and integrity of their Tribal Council. To that end, this Code of Ethics is to establish clear standards for the ethical conduct and behavior of the Tribal Council.
(1) 
Tribal Council members shall at all times conduct themselves in an honest and upright manner, with regard for the great responsibility they bear as Tribal Council members.
(2) 
Tribal Council members shall remain objective in the performance of their duties and shall act with the best interest of all enrolled tribal members in mind.
(3) 
Tribal Council members shall not accept privileges or benefits, other than those granted by the Tribe through official action, which may affect a Tribal Council member's ability to remain objective in the performance of his or her duties.
(4) 
Tribal Council members shall not vote on any motion, resolution, or other official action of the Council that involves an immediate family member or creates a conflict of interest.
(5) 
Tribal Council members shall refrain from all illegal use of narcotics. In addition, Tribal Council members shall not gamble or use alcohol at any Tribal Council-sponsored function or NHBP-owned facility while present in their official capacity as a Council member.
(6) 
Tribal Council members shall not engage in abuses of their powers as Tribal Council members to include:
(a) 
Knowingly or intentionally seeking, in any manner, to benefit from the profits of any contract, job, work, or service for the Tribe, or accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the general public from any person, firm, or corporation having dealings with the Tribe.
(b) 
Knowingly or intentionally seeking to use his or her official influence to assist any person for a fee or other compensation. The performance of usual and customary constituent services without additional compensation does not constitute abuse of power for private gain.
(c) 
Knowingly and independently use his or her position on Tribal Council to access information, documents, or other materials which are not available to all enrolled Tribal members generally, unless such access is available in common to all Council members, or unless such access is necessitated by said member's position on Council, or via his or her membership on a Council committee or board.
(d) 
Knowingly and individually, use or attempt to use, his or her position on Tribal Council to direct the work, or interfere in the working conditions of, any employee of the Tribe or any economic entity of the Tribe outside the established chain of command.
(7) 
Tribal Council members shall not receive monetary or material benefit as a result of their position, other than the monetary or material benefits provided for as compensation and fringe benefits provided to the Council members.
(8) 
Tribal Council members shall publicly disclose any of the following interests relating to an individual or business with which they are in business, or with which they propose to do business. For the purposes of this code, an interest shall be considered any of the following:
(a) 
Employment with said business.
(b) 
A business relationship.
(c) 
An economic interest other than the holding of common stock in said business.
(9) 
Public disclosure shall be made to the Tribal Council at a regular meeting within 30 days of the time the Tribal Council member is sworn in, or acquires or learns of an interest as described above. This public disclosure shall include the name of the business and the individual she/he is doing business with, or proposes to do business with and the nature of the interest.
(10) 
Tribal Council shall abide by certain policies and procedures applicable to tribal government employees. Council shall confer after each election which brings new members onto the Tribal Council and decide which government policies and procedures shall apply. (See Appendix A for current list.)[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(11) 
Tribal Council members shall further refrain from engaging in any of the following activities:
(a) 
Making personal investments in any business that will create a conflict of interest with their duties as Tribal Council members.
(b) 
Using their position to obtain employment or business in or for the Nottawaseppi Huron Band of the Potawatomi government or its businesses for themselves or members of their immediate family.
(c) 
Entering into arrangements with clients for compensation in matters that are before the Tribal Council.
(d) 
Engaging in negotiations with businesses or other governments doing business with the Tribe without the knowledge and authorization of the Tribal Council.
A. 
Grounds for removal. The Tribal Council may vote to remove from office one of its members for the following reasons:
(1) 
Willful and persistent failure to perform the duties of his or her office.
(2) 
Misconduct which reflects poorly on the dignity and integrity of the Tribal Council or the Tribe.
(3) 
Conviction, guilty plea or no contest plea to any crime involving theft or fraud, any crime of violence against persons, including sex offenses, or any felony or other crime for which the Council member was sentenced to serve one year or longer in custody when the conviction and/or sentence takes place while the Council member is in office.
(4) 
Three or more unexcused absences from Tribal Council meetings within the same year.
(5) 
Any form of dishonest act against the Tribe or community.
B. 
Process for removal.
(1) 
When grounds for removal exist, the Council member to be removed shall be personally served with written notice of the grounds upon which his or her removal is sought at least 10 days before the meeting at which the Tribal Council will consider the removal.
(2) 
The vote must take place in an open session of a Tribal Council regular or special meeting and must be on the posted agenda for that meeting.
(3) 
The Council member to be removed shall be given the opportunity to answer the charges against him or her by presentation of testimony or other evidence.
(4) 
Any Tribal Council officer may be removed from office by an affirmative vote of not less than four Tribal Council members.
(5) 
The decision of the Council is final.
C. 
Process for after a Council member is removed.
(1) 
After the Council has voted to remove a Council member, the remaining Tribal Council members shall declare the removed member's seat vacant and schedule a meeting to fill the vacancy as provided in § 1.1-3, Appointment of Tribal Council members. Any meeting to fill a vacancy must be held after the time for filing an appeal or a final decision regarding a member's appeal has been issued by the Tribal Court.
(2) 
Right to appeal. The removed member has the right to appeal Tribal Council's decision to the Tribal Court.
(a) 
The appeal must be filed with the Tribal Court within 14 calendar days after the Tribal Council announces its decision.
(b) 
The Tribal Court may reverse the decision of the Tribal Council only if the Tribal Council violated the laws of removal promulgated in this code and the Constitution. The decision of the Tribal Court shall be final and not subject to further appeal.
A. 
Meetings of the Tribal Council.
(1) 
Scheduling regular Tribal Council meetings.
(a) 
The Tribal Council shall hold at least one regular meeting every month. This regular meeting shall be preceded by separate workshop and prep sessions of the Council.
[1] 
The regular monthly Council meeting shall be held on the third Thursday of every month.
[2] 
When the regular monthly meeting cannot be held on the third Thursday due to closure of the government center, for whatever reason, the meeting shall be held on a Thursday of that same month that would allow for the scheduling of both the workshop and prep sessions.
(b) 
Prep session shall be held on the Tuesday of the week of the regular meeting. When prep session cannot be held that day, for whatever reason, it shall be scheduled the same week as the regular meeting and on a day prior to the regular meeting.
(c) 
Workshop shall be held on the first Tuesday of every month. When workshop cannot be held an the first Tuesday of the month, for whatever reason, it shall be scheduled at least one week prior to the regular meeting when possible.
(2) 
Notice for regular meetings.
(a) 
Notices for regular meetings shall state the location, date, and time of the meeting.
(b) 
The Tribal Council will publish the schedule for that month's regular meeting in the calendar of events in the Turtle Press, or other NHBP tribal publication. The Turtle Press, or other NHBP tribal publication, should be issued at least five business days prior to the regular meeting.
(c) 
Tribal Council shall also instruct staff to post, at least five business days prior to the regular meeting, a written notice of the date, time, and location, for the regular monthly meeting in the following locations:
[1] 
In a conspicuous location at each tribal government or tribal community facility; and
[2] 
On NHBP's official website.
B. 
Special meetings.
(1) 
Scheduling special meetings. 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.
(2) 
Notice for special meetings.
(a) 
In the event that there are at least 24 hours before the meeting commences, notice of the meeting, including the time, date, location, and draft agenda shall be posted on the Tribe's official website. When special meetings are called with fewer than 24 hours' notice, efforts will be made to provide notice of the meeting to the membership.
(b) 
The Chair shall inform the other Council members, in writing, of the date, time, location, and item(s) to be acted upon for special meetings. The written notice requirement may be fulfilled by written electronic communications that can be reproduced such as e-mail, fax and text messaging.
(3) 
Business conducted at special meetings.
(a) 
The only business to be conducted at a special meeting is that which directly relates to the item(s) identified in the Chair's written notice of the meeting to the other Council members.
(b) 
Council may not take any action on any other item(s) not identified in the written notice without calling a separate special meeting and fulfilling the notice requirements therefor.
C. 
Procedures for regular and special meetings.
(1) 
Quorum. A quorum is required to conduct a regular or special meeting.
(a) 
A quorum of the Tribal Council for transacting business shall be three Tribal Council members.
(b) 
Tribal Council members must be present in person for regular meetings to establish a quorum.
(c) 
Tribal Council members may be present by teleconference, or videoconference to establish a quorum for special meetings.
[1] 
The Tribal Council may conduct business at special meetings through the use of teleconferencing if necessary to establish a quorum for a special meeting.
[2] 
The vote of Tribal Council members at such meetings must be recorded by teleconference, videoconference, or facsimile, in accordance with tribal laws and policies governing the use of such meetings.
[3] 
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, videoconference, or facsimile, and records of all actions taken shall be made available in a subsequent regular or special meeting.
[4] 
Meeting Agenda. An agenda for regular meetings will be developed during the preceding workshop and prep sessions. The Council's Administrative Coordinator, or designee, shall prepare a draft agenda for the regular meeting based on those items approved at prep session to proceed to the regular meeting. An agenda for a special meeting shall be developed by the Chair or the Chair's designee.
(2) 
Proceedings.
(a) 
All meetings shall be audio and or visually recorded only by persons authorized to do so by the Tribal Council.
[1] 
The approved meeting minutes are the official record of the Council's meetings.
[2] 
Approved audio and/or video recordings of Council meetings are legislative history but not the official record.
(b) 
The first order of business at a regular or special meeting shall be a call to order and roll call of the Tribal Council members to establish a quorum. If there is no quorum the meeting must be rescheduled. If quorum is established, the meeting may proceed as scheduled.
(c) 
Voting.
[1] 
Motions and resolutions shall be forwarded by a member of the Council.
[2] 
Motions and resolutions require a second to proceed to a vote.
[3] 
Once seconded and stated by the Chair, motions and resolutions are the property of the NHBP, per tribal law, and not the property of the motion maker and can be disposed of only by the Tribal Council.
[4] 
All voting on motions and resolutions will be done via a roll call vote except when unanimous consent is given.
[5] 
Tribal Council members should abstain from voting only when they have a conflict of interest.
[6] 
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.
(d) 
The draft agenda shall then be reviewed, amended as necessary and approved. 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.
(e) 
The Chair or Acting Chair shall address those items listed on the consent agenda.
[1] 
Consent agenda items do not require a resolution for adoption by the Council.
[2] 
Consent agenda items must be unanimously approved by the Council members present.
[3] 
Council may consult with the Legal Department to determine which items are appropriate for the consent agenda.
(f) 
If there has been action or is pending action from a board, committee, American Indian or community organization where a Council member holds a seat, that Council member will report back to the Council at the next regularly scheduled Tribal Council meeting.
(g) 
Old and new business items.
[1] 
Old business shall consist of items not resolved at prior meetings if there is some new information or resolution now possible.
[2] 
New business shall consist of those items not previously presented ta the Council for action and which require a formal motion or resolution.
(h) 
Council members may then deliver reports regarding their offices and actions since the last meeting.
(i) 
Tribal member comments will be heard. See Conduct of attendees for the process below.[1]
[1]
Editor's Note: See Subsection E, Conduct of attendees at regular and special meetings.
(j) 
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.
[1] 
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(e) of the Constitution.
[2] 
Procedures applicable to closed meetings.
[a] 
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.
[b] 
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 that has been duly adopted by a majority vote of the Tribal Council.
[c] 
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.
[d] 
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.
[e] 
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) in such meeting can be open to the public.
[f] 
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 and approved by a majority vote.
[g] 
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 herein.
(k) 
Meetings shall conclude with an announcement of completion of the agenda items and the next regular meeting date, time and location.
D. 
Who may attend regular and special meetings.
(1) 
Enrolled tribal members of the Nottawaseppi Huron Band of the Potawatomi Indians may attend open sessions of Tribal Council and General Membership meetings.
(2) 
Nonmember staff may attend open sessions and closed sessions when they are invited by Council or have an item of business on the agenda.
(3) 
Tribal Council has the authority to limit attendance to enrolled tribal members of NHBP and require any nonmember in attendance to leave.
(4) 
Nonmember parents of minor children who are tribal members, and nontribal members serving as legal guardians of incompetent adult tribal members, are not members and may only attend meetings open to the public at large or when invited to do so by the Tribal Council by majority vote.
E. 
Conduct of attendees at regular and special meetings.
(1) 
Sign in sheets for all Tribal Council and General Membership meetings should be completed by all attendees. These sheets shall be included in the minutes and made a part of the tribal public record.
(2) 
No one is entitled to video or sound record Tribal Council and/or General Membership meetings other than those designated by the Tribal Council. Unauthorized recording equipment is subject to forfeiture, including any recordings themselves.
(3) 
Persons who interrupt the proceedings, or persons who intentionally create an atmosphere not conducive to fair and orderly meetings are subject to removal from the meeting. Refusal to leave when directed to do so by the Sergeant at Arms may subject the refusing party to criminal and civil penalties for disorderly person and trespass.
(4) 
Each person who wishes to make a comment or direct a question to the Tribal Council is encouraged to write that comment or question down on the approved form or another sheet of paper and deliver it to the staff member designated by Tribal Council to receive and acknowledge comments/questions.
In cases of disputes as ta compliance with these bylaws, substantial compliance, rather than complete compliance with these bylaws shall be deemed adequate.
Any prior versions of the Tribal Council bylaws, adopted by Tribal Council, 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.
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.
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.