The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
Files and documents that are physically stored in the Government
Records Department work area or in a readily accessible electronic
location. These records are accessed frequently.
Permanently valuable records of the Tribe. Such records are
transferred from the work area to an archive, located on or off site
from the Government Records Department. Archive records may also be
in digital format or converted to a digital format and archived via
electronic storage.
The Nottawaseppi Huron Band of the Potawatomi is interchangeable
with "NHBP," "Band," or "Tribe," and all references are to the tribal
government.
All records from closed meetings of the Tribal Council, including
any call of meeting (if applicable), notice of meeting (if applicable),
agenda for the meeting, set of approved minutes for the closed meeting,
a set of executed resolutions or other documents approved (if any)
at the closed meeting, and materials submitted for review or action
with respect to each item on the closed meeting agenda. Boards and
committees may also have closed meeting records under this definition.
Closed meeting records are considered confidential and may not be
released without the majority approval of Tribal Council or majority
approval of the applicable board or committee.
Records protected from disclosure by tribal or federal law including
common law privileges and confidentiality.
Records designated as confidential by the Tribal Council.
Records designated as confidential or "sealed" by the NHBP Tribal
Court.
Closed meeting records of Tribal Council or a Council-appointed
board or committee.
Records required to be confidential or sealed pursuant to applicable
state law.
Enrollment records in accordance with the Enrollment Code.
Records designated as confidential through departmental policy.
Records designated as confidential, or those portions that are
redacted from records, by a committee or board's bylaws or majority
vote.
As used in this chapter, all references to a department head
are to an individual department, agency or entity's chief officer,
director, manager or a board or committee's chairperson. A department
head is the person who reports to Tribal Council or the Chief Executive
Officer for a government department, agency or entity.
Any item or information about or collected from individuals,
including, but not limited to, birth certificates, genealogy reports,
or other documents that contain the individual's name, or identifying
particulars assigned to the individual, such as photographs, when
such information is collected for the purpose of determining the eligibility
for enrollment in the Band of an individual or members of an individual's
family.
The term "enrollment record" also includes compilations of documents,
data or information derived from any of the above documents, which
are prepared by or maintained by the Enrollment Office.
All issues pertaining to enrollment records are controlled by
the Enrollment Code.[1] Where the Enrollment Code is silent this code may be referenced
for guidance.
Any record of the Tribe necessary to the resumption or continuation
of operations of the Tribe in an emergency or disaster, to the recreation
of the legal and financial status of the Tribe, or to the protection
and fulfillment of obligations to tribal members and community members
who receive Tribal services.
Includes the Tribal Council, any government department or
agency created by Tribal Council to fulfill the Council's government
functions. This also includes boards and committees authorized to
advise Tribal Council or fulfill government responsibilities.
The department established in § 1.2-6 of this chapter.
An establishment, office or facility maintained and operated
by the Government Records Department for the storage, servicing, security,
and processing of official records which need to be preserved or destroyed
after varying periods of time in accordance with applicable record
retention policies and procedures.
The Government Records Department's policies and procedures
for the preservation, maintenance and disposition of official records
that are stored by the Government Records Department.
A person who manages the Government Records Department.
A specified period for inactive files to be retained in the
work area before sending to the archive record retention area. The
retention and control schedule is applied once a record is declared
archive or inactive.
Records that are not being worked on or added to through
the ordinary course of business for the Tribe, the Government Records
Office, or pursuant to an inactive records clause in another department's
records retention policy and procedures.
The Nottawaseppi Huron Band of the Potawatomi is interchangeable
with "NHBP," "Band" or "Tribe," and all references are to the tribal
government.
The process of doing something, conduct or behavior, relating
to or involving an office or position of authority within the tribal
government.
Any grant, contract, resolution, law, or other official document
that concerns or controls the governmental operations of the Tribe.
The following are not official records subject to this code:
Personnel records regarding employees of the Tribe, its agencies
and entities, including individual employee medical records held by
the Human Resources Department.
Individual patient, client, or employee records in the care
of the Tribe's Health and Human Services Department.
Court records from cases before the courts of the Tribe. Access
to these records is controlled by the Chief Judge of the Tribal Court.
Records described in Chapter 7.5-14 of the Children's Code.
Gaming Commission records protected by the Nottawaseppi Huron
Band of the Potawatomi Gaming Regulatory Act from disclosure or deemed
confidential by the Gaming Commission.
Tribal Police records involving juveniles, minors or individual
victims.
Any official record for which the retention period on a records
control schedule is designated as permanent.
An official record for which public access is authorized
in accordance with the provisions of this code.
Records and documents which may be accessed without difficulty
or delay; easily or quickly. Generally this refers to documents and
records stored at the Pine Creek Government Center or on servers and
accessible by electronic means from the Pine Creek Government Center.
A document prepared by or under the authority of the Government
Records Department Manager listing the records maintained by the Tribe,
their retention periods, and other records disposition or destruction
information that the Records Management Plan may require. Individual
government departments or agencies should develop their own records
control schedules specific to the requirements of those individual
departments and may refer to the Government Records Department's
records control schedule until the department develops its own.
The application of management techniques to the creation,
use, maintenance, retention, preservation, and disposal of records
for the purposes of reducing the costs and improving the efficiency
of recordkeeping. The term includes the development of records control
schedules, the management of filing and information retrieval systems,
the protection of essential and permanent records, the economical
and space-effective storage of inactive records, control over the
creation and distribution of forms, reports, and correspondence, and
the management of paper, electronic and other records storage systems.
The person who signs the Government Records Department records
request form requesting official records from the Records Department
Manager or another department, agency or entity of the Tribe.
The person in each department, agency or entity of the tribal
government who is responsible for coordinating with the Government
Records Manager in the establishment and maintenance of a records
control schedule and responding to requests for official records.
The responsible official will generally be a department's chief
officer, director or manager or a board or committee's chairperson.
The minimum period of time that must pass after the creation,
recording, or receipt of an official record, or the fulfillment of
certain actions associated with a record, before it is eligible for
destruction.
The person who reviews a department, agency, board or committee's
grant or denial of access to official records.
The Tribal Council Officer referred to in Article IV, Section 3, of the Constitution and having authority and responsibilities set forth in the Tribal Council bylaws, as the same may be amended from time to time.
All records from any special or regular meeting of the Tribal
Council, including any call of meeting (if applicable), notice of
meeting (if applicable), approved agenda for the meeting, set of approved
minutes for the meeting, a set of executed resolutions or other documents
approved (if any) at the meeting, and materials submitted for review
or action with respect to each item on the meeting agenda.
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.
All facilities that house NHBP tribal government offices,
departments, entities and employees of any kind whatsoever, whether
or not the facilities are located on fee or trust land, and this includes
the Gaming Commission's offices.
The person appointed by the Tribal Council to administer
the government operations and carry out the laws and policies adopted
by the Tribal Council.
An enrolled member of the Nottawaseppi Huron Band of the
Potawatomi.
The Nottawaseppi Huron Band of the Potawatomi is interchangeable
with "NHBP," "Band" or "Tribe," and all references are to the tribal
government.
Records of life events kept under governmental authority,
including birth certificates, marriage licenses, and death certificates,
and may include records of civil unions or domestic partnerships.
Any objects or materials having historical or commemorative
value to the Tribe and preserved permanently: papers, letters, books,
maps, photographs, sound or video recordings, electronic media and
other tribal records, objects or materials. Such records are hereby
declared to be the records of the Tribe and shall be created, maintained,
and disposed of in accordance with the provisions of this code and
any regulations or policies adopted hereunder.
The area in and around the Government Records Offices so
that documents located there are readily accessible in a hard copy
or electronic format.
