[Adopted by 3-7-1985 by Ord. No.
85-1; amended in its entirety 7-2-2020 by Ord. No. 20-11]
A.
Title. This article shall be titled "Election of Tribal Police Chief."
B.
Purpose. By direction of the Tribal Legislature, under authority of the Menominee Constitution, Article VI, Section 3, an election was held on the question of election of the Tribal Police Chief. A majority of tribal voters voting in that election consented to election of the Tribal Police Chief. This article is enacted to comply with that result.
A.
Eligibility review by Election Commission prior to nomination. The
candidate must meet the following criteria to be eligible for nomination:
B.
Petition. In accordance with the schedule found herein, a candidate
for the office of Tribal Police Chief shall file with the Election
Commission a petition of not fewer than 100 signatures of adult enrolled
tribal members which has been certified by the circulator.
C.
Police Chief qualifications. Police Chief qualifications will be
verified through the submittal of the following documents: an updated
resume and proof of education, certification, a copy of his or her
driver's license, and a certified background investigation form with
his or her nomination petition.
(1)
The candidate shall have not been convicted of any felony in any
state or the United States or been convicted of any criminal act under
any tribal law where the potential penalty upon conviction is one
year of imprisonment.
(2)
The candidate shall not have been convicted of any crime under tribal,
state, or federal law which would prohibit the candidate from working
with Indian children under applicable tribal, state and federal statutes.
(3)
The candidate shall be eligible to drive a tribal vehicle under the
Tribe's motor vehicle use policies.
(4)
The candidate shall meet all requirements for the position as listed
in the Tribe's BIA 638 Law Enforcement Contract and BIAM.
(5)
The candidate shall be determined suitable to carry out the duties
of Chief of Police pursuant to objective psychological and skills
testing performed by the Human Resources Department.
(6)
The candidate shall have previously successfully completed a police
recruit academy. If the candidate has not been employed as a certified
and commissioned law enforcement officer for more than three years,
the candidate must obtain certification by waiver or complete an Indian
Police Academy certified basic police officer training program to
meet recertification.
(7)
The candidate shall have a bachelor's degree in criminal justice,
management, public administration, or business administration and
seven years of experience in a management or supervisory role. In
the absence of a bachelor's degree in one of the areas above, the
candidate shall have 10 years of experience in a management or supervisory
role within a police department.
(8)
The candidate must not have been terminated for cause or resigned
from a police department within the past year.
(9)
The candidate must not have been removed as a Police Chief on a prior
occasion.
D.
Candidate certification. The Election Commission, in conjunction with the Tribal Human Resource Department, will verify the above-listed Police Chief qualifications for each candidate who has completed the petition and submitted the required documents for verification. Only eligible candidates who have completed the petition and meet the Police Chief qualifications within timelines set forth in Chapter 63, Elections, will be certified by the Election Commission and placed on the ballot.
A.
Primary. If two eligible candidates only file for the office of Tribal Police Chief, there shall be no primary, and election of the Chief of Police will proceed in accordance with § 132-18B of this article. The candidate with the highest number of votes shall be declared the winner. If three or more eligible candidates file for the office of Tribal Police Chief, there shall be a primary. The two candidates with the highest number of votes shall have a runoff in accordance with § 132-18B of this article. In the event of ties, the Tribal Legislature shall decide the winner in accordance with all applicable laws.
B.
Elections which result in ties. In any election of the Tribal Police
Chief which results in a tie between two or more candidates, the tie
shall be broken by choosing lots.
C.
Voter defined. Any member of the Menominee Tribe who is 18 years
of age or older on the date of the election shall be eligible to vote
for Tribal Police Chief.
D.
Term of office. The term of office shall be four years. It shall
commence on February 9 and conclude on February 8 four years later.
E.
Duties. The Tribal Police Chief shall perform the following duties:
(1)
Comply with procedures, authority, and guidelines contained in the
Menominee Tribal Law and Order Code,[1] the Menominee Tribal Constitution and Bylaws, Title 18
U.S.C., 25 CFR, 68 BIAM, recent court decisions and other applicable
rules, regulations, Code chapters, ordinances and statutes that pertain
to performance of police duties.
(2)
Maintain law and order on the Reservation.
(3)
Enforce all tribal law and be responsible for security of all tribal
property.
(4)
Direct and supervise all tribal police personnel.
(5)
Cooperate with the FBI and BIA for investigations on the Reservation
and cooperate with state and county police as required.
(6)
Perform such other functions as are necessary for security and protection
of people and property on the Reservation.
(7)
Prepare and deliver monthly reports to the Police Commission in a
format approved by the Commission.
(8)
Administer the law enforcement services 638 contract and assure full
compliance.
(9)
Comply with all policies, ordinances and regulations of the Menominee
Indian Tribe in regard to administering the Police Department.
(10)
Successfully complete a physical efficiency battery test within
one year of taking office and annually thereafter.
(11)
Successfully complete firearms qualifications within 30 days
of taking office and biannually thereafter.
F.
Direction and supervision.
[Amended 2-4-2021 by Ord. No. 20-44]
(1)
The Police Commission shall direct and supervise the Tribal Police
Chief. Failure by the Tribal Police Chief to carry out the directions
of the Police Commission shall be deemed to be an act of insubordination
and cause for removal as provided for herein; provided, however, that
lawfully made decisions/actions by the Tribal Police Chief in regard
to criminal investigations and arrest or citation shall be at the
sole discretion of the Tribal Police Chief pursuant to applicable
law. Time cards for the Chief of Police shall be signed by the Chairperson
of the Police Commission.
(2)
If the initial Police Commission has not yet been fully seated, the
Tribal Police Chief shall be supervised by the Chairperson of the
Menominee Tribal Legislature until such time the initial Police Commission
becomes fully seated. Time cards will also be signed by the Chairperson
of the Menominee Tribal Legislature until such time the Police Commission
becomes fully seated.
A.
Election challenge. Any eligible voter or group of eligible voters have 10 days from the Election Commission's certification date to file a written complaint with the Tribal Court pursuant to Article VI, Section 7, Menominee Constitution challenging the election.
B.
Installed in office. Election of the Tribal Police Chief shall coincide
with the final election of Tribal Legislature; and the elected Tribal
Police Chief shall take office at the same time as Tribal Legislators.
C.
Compensation.
[Amended 2-4-2021 by Ord. No. 20-44]
(1)
The initial salary of the newly elected Tribal Police Chief shall
be determined by the Police Commission, based on experience according
to the GS Scale, law enforcement services 638 contract. The Tribal
Police Chief will receive an annual cost-of-living adjustment (COLA)
in accordance with the law enforcement services 638 contract. If the
initial Police Commission has not yet been fully seated, the salary
of the newly elected Tribal Police Chief shall be determined by the
Chairperson of the Tribal Legislature in consultation with the rest
of the Legislature.
(2)
Annual evaluations shall be made by the Police Commission, which
may result in salary increases.
A.
The Police Commission may remove the Police Chief from office, by
a majority vote, for any of the following grounds:
(1)
Failure to properly administer the law enforcement services
638 contract.
(2)
Misuse of funds or property within the control of the Tribal
Police Chief.
(3)
Insubordination.
(4)
Failure to maintain eligibility or qualifications as outlined
in this article.
(5)
Violation of Law Enforcement Code of Conduct.
B.
In any action of removal, the Police Commission shall conform to
the requirements of the law enforcement services contract which states:
(1)
The Chief of Police must be notified in writing of the action
and give a full specification of the reasons for such action.
(2)
Provide the Chief of Police with a written statement of any
such specific violation of rules, regulations, or statutes the Police
Chief has committed and the names and sworn statements of all persons
upon whose testimony these allegations are based.
(3)
Provide the Chief of Police with notice that he may formally
request the Police Commission to hold a reconsideration hearing on
the removal.
C.
The Chief of Police shall carry the burden of proof by preponderance
of the evidence that the removal action was in error or without just
cause during any reconsideration hearing or appeal to the Menominee
Tribal Legislature or Tribal Courts.
D.
If the Chief of Police formally requests a reconsideration hearing
from the Police Commission, the Chief of Police must submit the request
in writing to the Chair of the Police Commission. The request for
a reconsideration hearing must be submitted to the Chair of the Police
Commission within five working days of receiving the written notification
of removal. Failure to submit the formal request within five working
days will result in the removal as being final, and the Police Chief
will be ineligible to appeal to the Menominee Tribal Legislature or
Tribal Courts.
E.
Upon receipt of the formal request for a reconsideration hearing,
the Chair of the Police Commission shall set a reconsideration hearing
date not less than 15 working days from receipt of the formal request.
The Chief of Police shall be notified in writing of the date and time
of the reconsideration hearing and will be provided guidelines for
the reconsideration hearing.
F.
Information to be provided.
(1)
Ten working days prior to the hearing, the Chief of Police and
the Police Commission shall provide to the opposing party the following:
(2)
Failure to provide this information by the deadline will require
the facilitator to prevent the testimony of witnesses or the presentation
of this evidence to the Police Commission. In response to the prehearing
disclosures, each party may amend their list of witnesses, legal counsel
and evidence to be considered during the hearing, provided such amended
list is provided to the other party at least three working days before
the hearing.
G.
Reconsideration hearing. The HR Manager or a senior member of the
Human Resources Department shall act as a facilitator of the reconsideration
and shall conduct the hearing in a manner consistent with the reconsideration
hearing guidelines established by the Police Commission. At the hearing,
the facilitator shall ensure the following:
(1)
The Chief of Police and the Chief of Police's counsel are provided
with the opportunity to confront and cross-examine each adverse witness
at the hearing.
(2)
The Chief of Police and the Chief of Police's counsel are provided
with the opportunity to delineate issues, to present factual contentions
in an orderly manner and to generally protect the Chief of Police's
interest.
(3)
That each party is provided up to three hours to present their
case, provided that all the matters presented shall only concern the
items listed to the prehearing disclosures evidence and witnesses.
The facilitator may extend this time limit of he/she deems it necessary.
(4)
That each party is reminded that both parties accord the other
proper respect and dignity that each other deserves, and shall suppress
personal attacks, snide remarks, conversational domineering and other
unhelpful behaviors at the reconsideration hearing.
(5)
That the Police Commission reviews evidence, information and
hearing witness testimony germane only to the matter at hand.
(6)
That the reconsideration hearing is recorded.
H.
Deliberations and determinations.
(1)
Deliberations of the Police Commission shall be limited to the
Police Commission and the facilitator, who will only provide guidance
to the Police Commission. A simple majority vote of the Police Commission
shall decide the outcome of the reconsideration hearing. The Police
Commission shall be limited to reconsidering the decision for removal
based solely on evidence given at the reconsideration hearing.
(2)
Within 10 working days of the reconsideration hearing, the Police
Commission shall submit to the Police Chief written findings of facts
that includes:
(a)
A summary of the information and arguments presented by the
Police Chief.
(b)
A summary of the information and arguments presented by the
Police Commission.
(c)
The Police Commission's decision to either uphold or overturn
the removal action and the basis for and evidence relied upon in reaching
that decision.
(3)
The written findings of facts shall be mailed (via certified
mail) or hand delivered to the Chief of Police. A copy of the determination
shall also be forwarded to HR its records.
I.
Appeal of Commission decision to Menominee Tribal Legislature.
(1)
If the Police Commission upholds the decision for removal, the
Police Chief may appeal the decision of the Police Commission to the
Menominee Tribal Legislature, provided that the Police Chief sends
a written request for appeal to the Chairperson of the Tribal Legislature
within five working days of receipt of the Police Commission's written
findings of facts.
(2)
The Menominee Tribal Legislature shall schedule an appeal hearing
within 30 days of receipt of the request for appeal. The appeal hearing
and deliberations shall be held in Executive Session of the meeting.
(3)
The Menominee Tribal Legislature shall be limited to a review
of the written statement of the removal provided to the Chief of Police,
the written request for a reconsideration hearing, the prehearing
disclosures provided by each party, the decision of the Police Commission
and the audio recording of the reconsideration hearing.
(4)
A two-thirds vote of the Menominee Tribal Legislature is required
to overturn the decision for removal of the Police Commission.
(5)
The Menominee Tribal Legislature shall issue a written finding
of facts within 10 working days of the appeal hearing held by the
Legislature.
J.
The Legislature's appeal decision to uphold removal of the Tribal
Police Chief may be appealed to the Menominee Tribal Courts, provided
that the removed Police Chief appeals the decision within 15 working
days from receipt of the Legislature's written finding of facts. The
appeal shall be subject to prompt review by the Tribal Judiciary at
the request of the removed Tribal Police Chief.
K.
Upon removal of the Police Chief, the Legislature may appoint an
interim Police Chief upon the recommendation of the Police Commission.
L.
Automatic vacancy. The office of an elected Tribal Police Chief who
is removed, dies, resigns or who is convicted of a major crime, as
defined in Bylaw V of the Bylaws of the Menominee Constitution, shall
be deemed to be automatically vacant. Resignation of office shall
be written and shall be deemed to be effective as of the date tendered.
M.
An automatic vacancy in office for Tribal Police Chief shall be filled
through the next regularly scheduled election for Tribal Legislature,
unless the Menominee Tribal Legislature requests the Election Commission
to hold an earlier special election.
