Nottawaseppi Huron Band of the Potawatomi, MI Article III Government Records Management

§ 1.2-5 Tribal Council responsibility.

Article IV, Section 7, and Article VII, Section 3, of the Constitution require the Tribal Council to adopt a statute defining the procedures relating to public access to records of the Tribal Council and other official records of government bodies. In order to assure regular review of the Government Records management functions prescribed in this chapter, the Tribal Council Secretary shall report to the Tribal Council from time to time regarding the implementation of this chapter.

§ 1.2-6 Establishment of Government Records Department.

There is hereby created the Government Records Department, headed by a Government Records Manager who shall be accountable to the Tribal Government Chief Executive Officer and Secretary of Tribal Council.

§ 1.2-7 Duties of Government Records Department.

The duties of the Government Records Department are to:

A. Administer the Tribe's Government Records Management Plan and provide assistance to department heads in its implementation;

B. Follow, maintain and update as necessary the Government Records Management Plan, in consultation with the Tribal Government Chief Executive Officer and department heads;

C. Identify official records and prepare for their retention in the government records archive storage unit or electronic document management system;

D. Provide records management advice and assistance to all tribal departments through a manual or manuals of policies and procedures and by on-site consultation;

E. Monitor records retention schedules and administrative rules issued by the federal government and the State of Michigan which may be made applicable to the Tribe by virtue of a contract, grant or by operation of other applicable federal, tribal or state laws;

F. In consultation with the Tribe's Legal Department, disseminate to the tribal departments information concerning tribal, state or federal laws and administrative rules relating to government records administration;

G. Instruct the responsible officials and other personnel in policies and procedures of the Government Records Management Plan and their duties in the Government Records Management Plan;

H. Direct Government Records Department staff and responsible officials in the conduct of records inventories in preparation for the development of records control schedules as required by this chapter;

I. Ensure that the maintenance, preservation, documented destruction, or other disposition of official records is carried out in accordance with the policies and procedures of the Government Records Management Plan and the requirements of federal and state law, if deemed to be applicable, in consultation with the Tribe's Legal Department;

J. Develop and manage a budget for the operation of the Government Records Department and the Government Records Management Plan, in consultation with the Tribal Government Chief Executive Officer and the Secretary of Tribal Council;

K. Bring to the attention of the Tribal Council and the Tribal Government Chief Executive Officer any pattern or significant incidents of noncompliance by department heads or other tribal personnel with the policies and procedures of the Government Records Management Plan or this code;

L. Develop and manage a records fee schedule in collaboration with the Tribal Government Chief Executive Officer and Tribal Council.

§ 1.2-8 Duties and responsibilities of department heads, including committee and board chairs.

In addition to all other duties assigned in this code, all department heads shall:

A. Cooperate with the Government Records Department in carrying out the policies and procedures established for the efficient and economical management of records and in carrying out the requirements of this code;

B. Adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and

C. Maintain the records in his or her care and carry out their preservation, publication, documented destruction, or other disposition only in accordance with the policies and procedures of the Government Records Management Plan of the Tribe and the requirements of this code.

§ 1.2-9 Designation of responsible officials; duties.

A. Each department head or committee or board chairperson shall serve as or designate a member of his or her staff, committee or board to serve as the responsible official for the implementation of the Records Management Plan in their department, committee or board.

B. Persons designated as responsible officials shall be thoroughly familiar with all the records created and maintained by the department, committee or board.

C. In the event of the resignation, retirement, dismissal, or removal of a person designated as a responsible official, the department head, interim department head, chairperson, or interim chairperson shall perform the duties of the responsible official.

D. The responsible official shall:

(1) Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of a records control schedule for that department, committee or board;

(2) With the assistance of the Government Records Manager, coordinate and implement the policies and procedures of a records control schedule for their department, committee or board, and in the absence of a specific schedule, coordinate and implement the policies and procedures of the Records Management Plan;

(3) Disseminate information to department staff or committee or board members concerning the Records Management Plan and the appropriate records control schedule.

(4) Submit or approve for publication those public documents as required under this code, the committee or board's bylaws or separate tribal law governing the actions of that particular entity of the Tribal government. Documents approved for publication may be redacted in accordance with confidentiality requirements and exemptions from public access under tribal, federal or state law as applicable to the particular document to be published.

§ 1.2-10 Records control schedules; approval.

A. Responsible officials shall prepare records control schedules on a department-by-department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of official records as the Records Management Plan may require. Departments shall follow the Government Records Department's Records Retention Policy and Procedures until the department develops its own.

B. Each records control schedule shall be monitored and amended as needed by the Tribal Government Chief Executive Officer on a regular basis to ensure that the records control schedules are in compliance with records retention schedules issued by the Tribe and that it continues to reflect the recordkeeping procedures and needs of the department and the Records Management Plan of the Tribe.

C. Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the Tribal Government Chief Executive Officer.

§ 1.2-11 Implementation of records control schedules; destruction of records.

A. A records control schedule for a department that has been approved and adopted under § 1.2-10 shall be implemented by the department head according to the policies and procedures of the Government Records Management Plan.

B. A record whose retention period has expired on a records control schedule shall be destroyed unless:

(1) An open records request is pending;

(2) The subject matter of the record is pertinent to a pending lawsuit; or

(3) The department head requests in writing to the Government Records Manager that the record be retained for an additional period.

C. Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Tribal Government Chief Executive Officer and documented on an approved documented destruction form.

§ 1.2-12 Destruction of unscheduled records.

A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Government Records Department Manager has submitted to, and received back from the department head, an approved documented destruction request.

§ 1.2-13 Records retention center.

A records retention center, developed pursuant to the plan required by § 1.2-7, shall be under the direct control and supervision of the Government Records Department Manager. Policies and procedures regulating the operations and use of the Records Center shall be contained in the Records Management Plan developed under § 1.2-7.

§ 1.2-14 Official records declared to be tribal property; accounting.

A. All official records in whatever form are declared to be the property of the Tribe. No elected or appointed tribal official or employee has, by virtue of his or her position, any personal or property right to official records even though he or she may have created, developed or compiled them during the scope of his or her duties as a tribal official or employee.

B. The unauthorized destruction, removal or use of official records is prohibited and may constitute a crime under tribal law or applicable, federal criminal laws.

C. Official records provided to tribal government officials and employees, which contain sensitive, confidential or proprietary information, must be properly accounted for and returned upon the termination of such official's or employee's service with the tribal government. Failure to return official records upon termination or separation from office or employment constitutes theft of government property and may be prosecuted in criminal or civil court.