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.
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.
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.
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.
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.
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.