[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 10-20-2016 by Res. No. 10-20-16-17. Amendments noted
where applicable.]
The resolutions of the Tribal Council of the Nottawaseppi Huron
Band of the Potawatomi Indians of a general and permanent nature adopted
by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi
Indians, as revised, codified and consolidated into titles, chapters,
articles and sections by General Code, and consisting of Titles I
through XII, together with an Appendix; are hereby approved, adopted,
ordained and enacted as the Tribal Code of the Nottawaseppi Huron
Band of the Potawatomi Indians, hereinafter referred to as the "Tribal
Code."
This resolution and the Tribal Code shall supersede all other
general and permanent resolutions enacted prior to the enactment of
this Tribal Code, except such resolutions as are hereinafter expressly
saved from repeal or continued in force.
The provisions of the Tribal Code, insofar as they are substantively
the same as those of the resolutions in force immediately prior to
the enactment of the Tribal Code by this resolution, are intended
as a continuation of such resolutions and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior resolutions.
A copy of the Tribal Code has been filed in both the office
of the Tribal Council Secretary and Government Records Department
and shall remain there for use and examination by the public for at
least two weeks and until final action is taken on this resolution,
and, if this resolution shall be adopted, such copy shall be certified
to by the Tribal Council Secretary and Council Chairperson, and such
certified copy shall remain on file in the Government Records Department
to be made available to persons desiring to examine the same during
all times while said Tribal Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Tribal Code, when adopted in such form as to indicate the intention
of the Tribal Council to make them a part thereof, shall be deemed
to be incorporated into such Tribal Code so that reference to the
"Tribal Code of the Nottawaseppi Huron Band of the Potawatomi Indians"
shall be understood and intended to include such additions, deletions,
amendments or supplements. Whenever such additions, deletions, amendments
or supplements to the Tribal Code shall be adopted, they shall thereafter
be inserted in the Tribal Code as amendments and supplements thereto.
The Tribal Council shall cause to be published, in the manner
required by law, a notice of the adoption of this resolution. Sufficient
copies of the Tribal Code shall be maintained in the Government Records
Department for inspection by the public at all times during regular
office hours. The publication of notice of the enactment of this resolution,
coupled with the availability of a copy of the Tribal Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Tribal Code for all purposes.
It shall be the duty of the Tribal Council Secretary, or someone
authorized and directed by the Secretary, to keep up-to-date the certified
copy of the Tribal Code required to be filed in the Government Records
Department for use by the public. All changes in said Tribal Code
and all resolutions adopted subsequent to the effective date of this
codification which shall be adopted specifically as part of the Tribal
Code shall, when finally adopted, be included therein by reference
until such changes or new resolutions are included as supplements
to said Tribal Code book.
Copies of the Tribal Code, or any title or portion of it, may
be purchased from the Tribal Council Secretary or an authorized agent
of the Secretary upon the payment of a fee to be set by the Tribal
Council. The Tribal Council Secretary or an authorized agent of the
Secretary may also arrange for procedures for the periodic supplementation
of the Tribal Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Tribal Code
or to alter or tamper with such Tribal Code in any manner whatsoever
which will cause the law of the Tribe to be misrepresented thereby.
Anyone violating this section or any part of this resolution shall
be subject, upon conviction, to a fine of not more than $1,000.
Each section of the Tribal Code and every part of each section
is an independent section or part of a section, and the holding of
any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof. If any provision of this Tribal
Code or the application thereof to any person or circumstances is
held invalid, the remainder of this Tribal Code and the application
of such provision to other persons or circumstances shall not be affected
thereby.
Each section of this resolution is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All resolutions or parts of resolutions inconsistent with the
provisions contained in the Tribal Code adopted by this resolution
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Tribe which is not in conflict with the provisions of the Code
shall be deemed to remain in full force and effect.
The adoption of this Tribal Code and the repeal of resolutions provided for in § 12.1-12 of this resolution shall not affect the following resolutions, rights and obligations, which are hereby expressly saved from repeal:
A.
Any resolution adopted subsequent to October 20, 2016.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this resolution
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this resolution in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this resolution
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any resolution providing for the laying out, opening, altering, widening,
relocating, straightening, establishing grade, changing name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place or any portion thereof.
G.
Any resolution appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any instruments or evidence of the Tribe's indebtedness.
H.
Resolutions authorizing the purchase, sale, lease or transfer of
property or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
All currently effective resolutions pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
K.
Any resolutions adopting or amending a Master Plan Map or otherwise
amending such Master Land Use Plan to redesignate the use for property.
L.
The following resolutions and any amendments thereto:
(1)
Resolution No. 05-19-16-12 - Adopting Exclusion Code.
(2)
Resolution No. 02-18-16-11 - Adopting Per Capita Garnishment
Code.
(3)
Resolution No. 03-17-16-05 - Adopting Domestic Violence Code
& Amending Section 5.2 of the Fair Employment Practices Code,
Section 7.3 of the Juvenile Justice Code, Section 8.6 of the Criminal
(Crimes) Code, and Section 8.8 of the Criminal Procedures Code.
(7)
Resolution No. 08-18-16-11 - Amending the Domestic Violence
Code.
(8)
Resolution No. 09-15-16-20 - Amending the Hunting and Trapping
Code.
(9)
Resolution No. 10-20-16-14 - Adopting Children's Protection
Code.
(10)
Resolution No. 10-20-16-16 - Amending the Hunting and Trapping
Code.
A.
In compiling and preparing the resolutions for publication as the Tribal Code of the Nottawaseppi Huron Band of the Potawatomi, no changes in the meaning or intent of such resolutions have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Legislature that all such changes be adopted as part of the Tribal Code as if the resolutions had been previously formally amended to read as such.
The provisions of this resolution are hereby made Chapter 12.1 of Title XII of the Tribal Code of the Nottawaseppi Huron Band of the Potawatomi Tribe, such resolution to be titled "Adoption of Tribal Code."
