[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 4-18-2019 by Res. No. 04-18-19-06[1]. Amendments noted where applicable.]
[1]
Editor's Note: This resolution also repealed former Ch. 1.1,
Bylaws of the Tribal Council, adopted 2-16-2012 by Res. No. 02-16-12-04
(Title I, Ch. 1, of the Tribal Code).
To fulfill the requirements as stated in Article IV, Section
3 of the Constitution of the Nottawaseppi Huron Band of Potawatomi
Indians. To regulate the manner of conducting business and preserve
the integrity as legitimate leaders of the people for the tribe by
following those guiding principles in Article II, Section 2(b) of
the Constitution.
Any enterprise, organization, trade, occupation or profession
whether or not operated as a legal entity for profit, including any
business, trust, holding company, corporation, partnership, LLC, joint
venture, or sole proprietorship, consultant or other self-employed
enterprise.
Includes any business in which the person is a director,
officer, partner, trustee or employee, holds any position of management
or receives income in any form such as wages, commission, direct or
indirect investment worth more than $1,000 or holds any ownership,
security or other beneficial interest, individually or combined, amounting
to more than 10% of said business.
A statement issued by the Tribal Council following an investigation
and hearing conducted by the Tribal Council pursuant to written procedures
adopted by the Tribal Council, which acknowledges that a Tribal Council
member has violated the bylaws and that Tribal Council strongly disapproves
of the Tribal Council member's action(s) which violated the bylaws.
An informal process utilizing cultural traditional practices, including,
but not limited to, peacemaking and talking circles, shall be used
as an initial step to resolve the issue before a more formal process
of censure is initiated.
Any money or thing of value received, or to be received as
a claim on future services, whether in the form of a fee, salary,
expense, allowance, forbearance, forgiveness, interest, dividend,
royalty, rent, capital gain, or any other form of recompense or any
combination thereof.
Information which by law or practice is not available to
the public at large.
The reasonable likelihood that any personal or economic interest
of a Tribal Council member will be affected in any materially different
manner from the interest of the general public, or by any decision,
enactment, agreement, award or other official action or function of
any governmental body, entity or political subdivision of the Nottawaseppi
Huron Band of the Potawatomi.
Any business in which the person, individually or combined,
has any direct or indirect ownership, investment, security or other
beneficial interest amounting to more than 10% of such business.
An interest held by a person, members of the person's
immediate family living in the same household or a dependent business,
which is any ownership, income, investment, security or other beneficial
interest in a business, or any employment or prospective employment
for which negotiations have already begun.
Any person or entity working for, or rendering or exchanging
any services or performing any act for, or on behalf of, another person,
organization or entity in return for any form of pay or other compensation,
or thing of value received, or to be received, at any time temporarily,
permanently, or indefinitely in any capacity whether as agent, servant,
representative, consultant, advisor, independent contractor or otherwise.
The status or relationship existing or created by and between
a person designated or acting as an employee and the person, organization,
group or other entity for whom or on whose behalf any such work, acts,
services or other benefit has been, is being, or will be rendered
or performed for pay or any other form of compensation.
All of those Council members currently elected or appointed
to a seat on the Tribal Council that must be present. There may be
fewer than five Council persons making up the entire, whole or full
Tribal Council when a Tribal Council seat is vacant.
Any gratuity, favor, hospitality, payment, loan, economic
opportunity, deposit of money, services, or other benefit received
without equivalent consideration and not extended or provided to members
of the public at large.
The person's husband/wife, domestic partner, father/mother,
grandparent/grandchild, brother/sister, step-relative or in-law of
the same kind.
A person's state of mind with respect to a result or
to conduct where the person's conscious objective is to engage
in such conduct or to cause such a result.
When a person engages in conduct with a firm belief unaccompanied
by substantial doubt that he or she is doing that conduct or where
the person is aware that it is practically certain that the conduct
will cause such a result.
The Tribal Council shall take official action only at a properly
called Tribal Council meeting at which a quorum has been established.
This is an informal session of the Tribal Council wherein
items set for the next regular meeting are reviewed and revised prior
to their presentation at the regular meeting.
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.
The Nottawaseppi Huron Band of the Potawatomi Indians, a
federally recognized tribe.
This is an informal session of the Tribal Council when tribal
government departments, committees and boards may present information
and request direction from Council regarding projects and initiatives.
In most instances, documents or other actions requiring formal approval
by the Tribal Council are expected to first be presented in a workshop
before the document or action may be considered at a prep session
or a Tribal Council meeting. Tribal Council, however, reserves the
right to consider any item needing approval at prep session or at
a regular or special meeting of the Tribal Council which has not been
reviewed at a workshop session.
A.
Composition of the Tribal Council. The Tribal Council is composed
of five duly elected or appointed members of the Tribe in accordance
with tribal law.
B.
Candidate Eligibility for Tribal Council.
(1)
Under Article III, Section 4, and Article IV, Section 4 of the Constitution,
a member is eligible to be a candidate in a Tribal Council election
if he or she:
(a)
Is 21 years of age or older as of the date of the election;
(b)
Possesses a high school diploma or its equivalent;
(c)
Possesses an associate's degree or higher or, in the alternative,
has three years of combined work or military experience;
(d)
Has not been convicted of, or pleaded guilty or no contest to,
any felony, or any crime involving theft or fraud, violence against
persons, or a sex offense within the last eight years;
(e)
Has not been sentenced to a prison term of one year or longer
within the last eight years;
(f)
Has not been removed or recalled from any salaried, elected,
or appointed office within the last 10 years, where such conduct does
not result in a conviction or plea in a court of competent jurisdiction;
(g)
Has not become a member of NHBP through the adoption procedure
set forth in Article III, Section 4, of the Constitution; and
(h)
Does not have a spouse, parent, legal guardian, legal ward,
child, or sibling on the Tribal Council for any portion of the time
they would serve on Tribal Council.
C.
Election of Tribal Council member(s).
(1)
The Election Board shall have jurisdiction over the election process
as prescribed in the Election Code.
(2)
The election process and the results must be deemed certified by
the Election Board in accordance with the Election Code.
(3)
Prior to the start of the first regular meeting of the Tribal Council,
following the certification of election results, newly elected members
of the Tribal Council shall be sworn into office.
(a)
The oath of office will be the first order of business at the
organizational meeting following certification of the election results.
(b)
In open session the oath of office shall be administered to
newly elected Tribal Council members by the Elder Committee Secretary.
The oath to be administered is as follows:
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"I, (name of Council member), do solemnly swear that I will
faithfully execute the office of Tribal Council for the Nottawaseppi
Huron Band of the Potawatomi Indians, and will, to the best of my
ability, preserve, protect, and defend the Constitution of the Nottawaseppi
Huron Band of the Pottawatomi Indians, and to adhere to the Tribal
Membership's mandates. I affirm this by all I hold sacred."
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(c)
After the oath is administered to the new Tribal Council member(s),
the new member(s) may take his/her seat at Council Table. The persons
leaving Council will be thanked and honored for their service to the
community as he/she steps down from office.
(4)
No person may perform the duties of a Tribal Council member until
such person ls duly elected or appointed and has taken the oath of
office. Once a member of the Council leaves his or her seat on Council,
he or she no longer has any authority to act on behalf of the Tribal
Council or the community in general unless through the appointment
by Tribal Council to some other position and then only within the
constraints of that newly appointed position.
D.
Appointment of Tribal Council member(s).
(2)
In the event any Tribal Council member seat becomes vacant, the remaining
Tribal Council members shall:
(a)
Make a formal motion declaring the seat vacant and stating the
reason for the vacancy and the date the seat became vacant; and
(b)
By majority vote of all remaining members, appoint a tribal
member, who meets the Constitutional and statutory qualifications,
to serve until the next special election to be held in April at the
General Membership meeting.
(c)
The declaration of vacancy for a Tribal Council seat and the
appointment of a new Tribal Council member do not have to take place
at the same meeting.
(d)
The Tribal Council alone has authority over the appointment
process to fill a vacant Council seat and may hold a seat vacant until
the next General Membership meeting unless five Council members are
required for a pending action before the Council.
(e)
To fill a vacant Tribal Council seat by appointment, the Council
shall:
(3)
Upon meeting the requirements to hold office as stated in § 1.1-3D(2)(e) of these bylaws, the Tribal Council may vote on the appointment of the person.
(4)
If the Tribal Council approves, by majority vote of the whole Tribal Council, the appointee shall take the oath of office, as stated in § 1.1-3C(3)(b) above.
(5)
The person appointed to fill the vacant seat shall serve until the
next special election or when the term of the vacant seat expires,
whichever comes first.
A.
Nomination/election of officers.
(1)
After any newly elected Tribal Council member(s) are sworn into office
following each regular election, the Tribal Council shall conduct
an organizational meeting for the purpose of electing Tribal Council
officers.
(2)
In any case in which a new member of the Tribal Council is sworn into office following any appointment or special election to fill a vacant seat as described in § 1.1-3D, the newly appointed or elected Tribal Council member shall be automatically placed in the officer position held by the former member whose seat was vacant, except for the position of Chair of the Tribal Council, which will require an organizational meeting.
(3)
All current Council members and any newly elected members are required
to be present at the organizational meeting. However, the inability
or refusal of a Council member, who will be stepping down, to attend
does not prevent the organizational meeting from taking place.
(4)
The Interim Chair, for the purpose of conducting the election of
Tribal Council officers, shall be the remaining highest ranking officer
holding a seat.
(5)
Tribal Council officers are selected by simple majority vote of the
entire Council.
(6)
The Interim Chair shall call the organizational meeting to order
and seek nominations for the Chair of the Tribal Council. The Interim
Chair shall call for the vote, and, based on the results, he or she
shall introduce the Chair of the Tribal Council. The appointment is
official, and the Chair will conduct the rest of the officer elections
and the meeting to follow.
(7)
The Chair shall call for nominations for each Tribal Council officer
position in descending order.
B.
Once the appointments have been completed, the newly elected Chair
shall close the election of officers and the organizational meeting.
A.
The following are essential duties and responsibilities of each Tribal
Council member:
(1)
Perform all duties as required by tribal law and policy, within the
limits of the Constitution.
(2)
Attend regular scheduled Tribal Council meetings.
(3)
Participate in special Tribal Council meetings as required.
(4)
For scheduling purposes of Tribal Council business, to enter on the
Tribal Council calendar, or provide to the Council's Administrative
Coordinator, or designee, for addition to the calendar, all dates
of unavailability, to the greatest extent known.
(5)
Participate in Tribal Council workshops and prep sessions as required.
(6)
Follow rules established by the Tribal Council regarding the internal
organization and performance of Tribal Council duties, including:
(7)
Follow the legislative process as adopted by the Tribal Council to
review and vote on legislation.
(8)
Adopt executive level policies and procedures to provide direction
and guidance to tribal operations.
(9)
Participate in the Tribe's annual fiscal year appropriation
process and adopt an annual operating budget.
(10)
Take part in planning activities to create, adopt, monitor and
update the Tribe's Strategic Plan.
(11)
Adhere to the Tribe's fiscal policies and participate in
the financial system functions as required, for example, by signing
checks, reviewing files, and monitoring monthly financial statements.
(12)
Fulfill all duties and functions of the specific Tribal Council
officer position (Chair, Vice Chair, Secretary, Treasurer, or Sergeant
at Arms) that the member was elected to by Tribal Council.
B.
The majority of work performed by and expected of Tribal Council
members includes but is not limited to the following items:
(1)
Conducting research on issues in preparation for Tribal Council deliberations.
(2)
Reading documents and literature pertaining to upcoming agenda items.
(3)
Participating in meetings which can include electronic participation.
(4)
Chairing committee meetings and preparing recommendations for actions
or decisions to be presented for Tribal Council consideration.
(5)
Preparing budgets for the specific committee(s) the Council member
chairs.
C.
Each Tribal Council member has a duty to uphold the Tribe's Constitution and perform his/her duties with integrity, honesty and the willingness to perform public service to the best benefit of the Tribe and community. Tribal Council members will be required to uphold the highest ethical standards, always placing the interests of the Tribe and community before personal interests. Newly elected or appointed Tribal Council members must commit to a drug screening as soon as practicable after assuming office and conform with the Code of Ethics at § 1.1-6H below or other codes of conduct or ethics as adopted by the Tribal Council.
D.
All records, equipment, and other property received by a Tribal Council
member during his or her term in office from the Tribe or its government
or business operations is the property of the Tribe.
(1)
The outgoing Tribal Council members shall be responsible for delivering
an accounting for all tribal documents and equipment in their possession
to the current Tribal Council Chair within 30 days following their
departure from office.
(2)
If any Tribal Council member refuses or neglects to deliver to the
Chair any official property as required or if the property or records
shall come to the hands of any other person who refuses or neglects,
on demand, to deliver them to the Chair, the Chair may authorize the
filing of a complaint in the Tribal Court. If the Judge is satisfied
by oath of the complainant and other testimony as may be offered that
the property or things are being withheld, the Judge shall grant an
order directing the person so refusing to show cause, within some
short and reasonable time, why the person should not be compelled
to deliver the records and/or property.
(3)
At the time appointed, or any other time to which the matter may
be adjourned, upon proof of service of the orders issued under subsection
5b above, if the person complained against makes affidavit before
the Judge that the person has delivered to the Chair all of the official
records and property in the person's custody or possession pertaining
to the office, within the person's knowledge, the person complained
against shall be discharged, and all further proceedings in the matter
before the Judge shall cease.
(4)
If the person complained against does not make such affidavit the
matter shall be processed as follows:
(a)
The Judge shall inquire further into the matters set forth in
the complaint, and if it appears that any such property or records
are withheld by the person complained against the Judge shall by warrant
commit the person complained against to the jail in which tribal inmates
are lodged, there to remain until the delivery of such property and
things to the complainant or until the person complained against be
otherwise discharged according to law.
(b)
If requested by the complainant the Judge shall also issue a
warrant directed to the tribal police or County Sheriff, in the daytime
to search such places as shall be designated in such warrant for such
official property and records as were in the custody of the former
Tribal Council member whose term of office expired or whose office
became vacant, or of which the officer was the legal custodian, and
seize and bring them before the issuing Judge.
(c)
When any such property is brought before the Judge by virtue
of a search warrant, the Judge shall inquire whether the same pertain
to such office, and if it appears that the property pertains thereto
the Judge shall order the delivery of the property or things to the
complainant.
A.
Tribal Council.
(1)
The Tribal Council, although comprised of individual tribal members
and officers, shall work together as a governing body for the betterment
of the Tribe.
(2)
No official action can be taken by individual Tribal Council members
without the approval of the Tribal Council as a whole.
(3)
Each Tribal Council officer shall serve on at least two Tribal Council
committees or boards, and may serve on Native American organizations
and community organizations that are part of the greater community
outside the NHBP Tribal Government.
(a)
For NHBP committees, Tribal Council officers shall chair the
Committee they sit on unless otherwise provided in the charter or
laws creating the committee.
(b)
For NHBP boards, Tribal Council officers will hold the same
or equivalent officer position on any board created within the tribal
organization unless otherwise provided in the charter or laws creating
the board.
(4)
All Tribal Council members are required to abide by the Code of Ethics
contained in these bylaws, while holding their elected offices. Failure
to abide by this Code of Ethics is grounds for investigation of the
involved member and potential censure or removal from office.
B.
Duties of the Chair.
(1)
The Chair shall ensure that meetings are conducted in a safe and
orderly manner. Any unreasonably laud or disruptive noise or conduct
by any person(s), which obstructs the meeting of the Tribal Council,
shall be cause for removal of the disruption by the Tribal Council
by a majority vote.
(2)
The Chair of the Tribal Council shall preside over all meetings of
the Tribal Council and of the General Membership.
(3)
The Chair shall provide notice as required in § 1.1-1B
to other Council members for special meetings.
(4)
The Chair shall perform all the duties of the Chair under the Constitution
and tribal law, and shall exercise all authority delegated to him/her
by the Tribal Council.
(5)
The Chair shall have a vote in all actions of the Tribal Council.
(6)
The Chair shall be the official spokesperson of the Nottawaseppi
Huron Band of the Potawatomi Indians and the Tribal Council, unless
otherwise delegated, and shall be the official representative of the
Tribe with other governments.
(7)
The Chair shall direct the Administrative Coordinator, or designee,
to the Tribal Council to give notice of all Tribal Council meetings
in accordance with Article IV of the Constitution.
C.
Duties of the Vice Chair.
(1)
The Vice Chair of the Tribal Council shall assist the Chair when
called to do so or when necessary to carry out the duties and responsibilities
of the Tribal Council.
(2)
The Vice Chair shall preside at all meetings of the Tribal Council
and General Membership meetings in the absence of the Chair.
(3)
The Vice Chair shall assume the duties of the Chair when the Chair
is unable to perform those duties and the Chair's seat has not
been deemed vacant.
(4)
In such case, in the absence of the Chair, the Vice Chair shall have
all the rights, privileges and duties as well as the responsibilities
of the Chair.
D.
Duties of the Secretary.
(1)
The Secretary of the Tribal Council shall be responsible for all
correspondence of the Tribal Council and for ensuring a complete and
accurate account of all matters transacted at Tribal Council meetings
and General Membership meetings.
(2)
In the absence of both the Chair and the Vice Chair, the Secretary
shall:
(3)
The Secretary shall be responsible for ensuring the facilitation
and the maintenance of the minutes of all General Membership and Tribal
Council meetings, and for keeping an accurate record of all resolutions
and laws passed by the Tribal Council or the General Membership.
(4)
The Secretary shall, within 30 calendar days after a meeting of the
General Membership or the Council direct the Administrative Coordinator,
or designee, to the Tribal Council to provide the Government Records
Office with a copy of any approved minutes, laws, resolutions, policies,
contracts and any other documents of note, for archiving and publication.
(5)
The Secretary shall administer the oath of office to those NHBP government
officials appointed by Council to positions other than that of a Tribal
Council member. If there is a conflict of interest, the oath shall
be administered by the next officer in the line of succession.
(6)
The Secretary shall be the official liaison between the Tribal Council
and the Government Records Department.
E.
Duties of the Treasurer.
(1)
The Treasurer of the Tribal Council shall be responsible for ensuring
accounting for, receiving of, receipting for, depositing, preserving
and safeguarding all funds in the custody or under the control of
the Tribal Council or the Tribe, and for maintaining the accuracy
of all tribal financial records and accounts.
(2)
The Treasurer shall be responsible for ensuring the monthly reporting
to the Tribal Council of the financial condition of the Tribe, which
complies with applicable law and regulations.
F.
Duties of the Sergeant at Arms.
(1)
The Sergeant at Arms shall, at the discretion of the Tribal Council,
ensure the escort of any disorderly person out of any Tribal Council
or membership meeting.
(2)
The Sergeant at Arms shall assist in the conducting of any ceremonies
associated with the administration of the oath of office for appointed
government officials.
G.
Line of succession.
(1)
The Chair shall be the head of the Tribal Council. In the absence
of the Chair, the Vice Chair shall assume the duties and responsibilities
of the Chair. In the absence of both the Chair and the Vice Chair,
the Secretary shall assume the duties of the Chair.
(2)
If ever three seats on the Council are deemed vacant at the same
time, the Elders' Committee officers shall be called upon to assume
vacant seats on the Council as follows:
(a)
The highest ranking remaining Tribal Council officer shall assume
the duties of Chair.
(b)
The remaining Tribal Council officer shall assume the duties
of Vice Chair.
(c)
The officers of the Elders' Committee, other than the Council
member Chairperson of the Committee, shall assume the remaining seats
and officer positions on the Tribal Council in the same order of hierarchy
of the seats those persons hold on the Elders' Committee.
H.
Code of Ethics. The enrolled tribal members of the Nottawaseppi Huron
Band of the Potawatomi are entitled to have complete confidence in
the loyalty and integrity of their Tribal Council. To that end, this
Code of Ethics is to establish clear standards for the ethical conduct
and behavior of the Tribal Council.
(1)
Tribal Council members shall at all times conduct themselves in an
honest and upright manner, with regard for the great responsibility
they bear as Tribal Council members.
(2)
Tribal Council members shall remain objective in the performance
of their duties and shall act with the best interest of all enrolled
tribal members in mind.
(3)
Tribal Council members shall not accept privileges or benefits, other
than those granted by the Tribe through official action, which may
affect a Tribal Council member's ability to remain objective
in the performance of his or her duties.
(4)
Tribal Council members shall not vote on any motion, resolution,
or other official action of the Council that involves an immediate
family member or creates a conflict of interest.
(5)
Tribal Council members shall refrain from all illegal use of narcotics.
In addition, Tribal Council members shall not gamble or use alcohol
at any Tribal Council-sponsored function or NHBP-owned facility while
present in their official capacity as a Council member.
(6)
Tribal Council members shall not engage in abuses of their powers
as Tribal Council members to include:
(a)
Knowingly or intentionally seeking, in any manner, to benefit
from the profits of any contract, job, work, or service for the Tribe,
or accept any service or thing of value, directly or indirectly, upon
more favorable terms than those granted to the general public from
any person, firm, or corporation having dealings with the Tribe.
(b)
Knowingly or intentionally seeking to use his or her official
influence to assist any person for a fee or other compensation. The
performance of usual and customary constituent services without additional
compensation does not constitute abuse of power for private gain.
(c)
Knowingly and independently use his or her position on Tribal
Council to access information, documents, or other materials which
are not available to all enrolled Tribal members generally, unless
such access is available in common to all Council members, or unless
such access is necessitated by said member's position on Council,
or via his or her membership on a Council committee or board.
(d)
Knowingly and individually, use or attempt to use, his or her
position on Tribal Council to direct the work, or interfere in the
working conditions of, any employee of the Tribe or any economic entity
of the Tribe outside the established chain of command.
(7)
Tribal Council members shall not receive monetary or material benefit
as a result of their position, other than the monetary or material
benefits provided for as compensation and fringe benefits provided
to the Council members.
(8)
Tribal Council members shall publicly disclose any of the following
interests relating to an individual or business with which they are
in business, or with which they propose to do business. For the purposes
of this code, an interest shall be considered any of the following:
(9)
Public disclosure shall be made to the Tribal Council at a regular
meeting within 30 days of the time the Tribal Council member is sworn
in, or acquires or learns of an interest as described above. This
public disclosure shall include the name of the business and the individual
she/he is doing business with, or proposes to do business with and
the nature of the interest.
(10)
Tribal Council shall abide by certain policies and procedures
applicable to tribal government employees. Council shall confer after
each election which brings new members onto the Tribal Council and
decide which government policies and procedures shall apply. (See
Appendix A for current list.)[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(11)
Tribal Council members shall further refrain from engaging in
any of the following activities:
(a)
Making personal investments in any business that will create
a conflict of interest with their duties as Tribal Council members.
(b)
Using their position to obtain employment or business in or
for the Nottawaseppi Huron Band of the Potawatomi government or its
businesses for themselves or members of their immediate family.
(c)
Entering into arrangements with clients for compensation in
matters that are before the Tribal Council.
(d)
Engaging in negotiations with businesses or other governments
doing business with the Tribe without the knowledge and authorization
of the Tribal Council.
A.
Grounds for removal. The Tribal Council may vote to remove from office
one of its members for the following reasons:
(1)
Willful and persistent failure to perform the duties of his or her
office.
(2)
Misconduct which reflects poorly on the dignity and integrity of
the Tribal Council or the Tribe.
(3)
Conviction, guilty plea or no contest plea to any crime involving
theft or fraud, any crime of violence against persons, including sex
offenses, or any felony or other crime for which the Council member
was sentenced to serve one year or longer in custody when the conviction
and/or sentence takes place while the Council member is in office.
(4)
Three or more unexcused absences from Tribal Council meetings within
the same year.
(5)
Any form of dishonest act against the Tribe or community.
B.
Process for removal.
(1)
When grounds for removal exist, the Council member to be removed
shall be personally served with written notice of the grounds upon
which his or her removal is sought at least 10 days before the meeting
at which the Tribal Council will consider the removal.
(2)
The vote must take place in an open session of a Tribal Council regular
or special meeting and must be on the posted agenda for that meeting.
(3)
The Council member to be removed shall be given the opportunity to
answer the charges against him or her by presentation of testimony
or other evidence.
(4)
Any Tribal Council officer may be removed from office by an affirmative
vote of not less than four Tribal Council members.
(5)
The decision of the Council is final.
C.
Process for after a Council member is removed.
(1)
After the Council has voted to remove a Council member, the remaining Tribal Council members shall declare the removed member's seat vacant and schedule a meeting to fill the vacancy as provided in § 1.1-3, Appointment of Tribal Council members. Any meeting to fill a vacancy must be held after the time for filing an appeal or a final decision regarding a member's appeal has been issued by the Tribal Court.
(2)
Right to appeal. The removed member has the right to appeal Tribal
Council's decision to the Tribal Court.
(a)
The appeal must be filed with the Tribal Court within 14 calendar
days after the Tribal Council announces its decision.
(b)
The Tribal Court may reverse the decision of the Tribal Council
only if the Tribal Council violated the laws of removal promulgated
in this code and the Constitution. The decision of the Tribal Court
shall be final and not subject to further appeal.
A.
Meetings of the Tribal Council.
(1)
Scheduling regular Tribal Council meetings.
(a)
The Tribal Council shall hold at least one regular meeting every
month. This regular meeting shall be preceded by separate workshop
and prep sessions of the Council.
[1]
The regular monthly Council meeting shall be held on the third
Thursday of every month.
[2]
When the regular monthly meeting cannot be held on the third
Thursday due to closure of the government center, for whatever reason,
the meeting shall be held on a Thursday of that same month that would
allow for the scheduling of both the workshop and prep sessions.
(b)
Prep session shall be held on the Tuesday of the week of the
regular meeting. When prep session cannot be held that day, for whatever
reason, it shall be scheduled the same week as the regular meeting
and on a day prior to the regular meeting.
(c)
Workshop shall be held on the first Tuesday of every month.
When workshop cannot be held an the first Tuesday of the month, for
whatever reason, it shall be scheduled at least one week prior to
the regular meeting when possible.
(2)
Notice for regular meetings.
(a)
Notices for regular meetings shall state the location, date,
and time of the meeting.
(b)
The Tribal Council will publish the schedule for that month's
regular meeting in the calendar of events in the Turtle Press, or
other NHBP tribal publication. The Turtle Press, or other NHBP tribal
publication, should be issued at least five business days prior to
the regular meeting.
(c)
Tribal Council shall also instruct staff to post, at least five
business days prior to the regular meeting, a written notice of the
date, time, and location, for the regular monthly meeting in the following
locations:
B.
Special meetings.
(1)
Scheduling special meetings. Special meetings may be called by the
Chair at any time or by any two Tribal Council members who petition
in writing and state the reason therefor.
(2)
Notice for special meetings.
(a)
In the event that there are at least 24 hours before the meeting
commences, notice of the meeting, including the time, date, location,
and draft agenda shall be posted on the Tribe's official website.
When special meetings are called with fewer than 24 hours' notice,
efforts will be made to provide notice of the meeting to the membership.
(b)
The Chair shall inform the other Council members, in writing,
of the date, time, location, and item(s) to be acted upon for special
meetings. The written notice requirement may be fulfilled by written
electronic communications that can be reproduced such as e-mail, fax
and text messaging.
(3)
Business conducted at special meetings.
(a)
The only business to be conducted at a special meeting is that
which directly relates to the item(s) identified in the Chair's
written notice of the meeting to the other Council members.
(b)
Council may not take any action on any other item(s) not identified
in the written notice without calling a separate special meeting and
fulfilling the notice requirements therefor.
C.
Procedures for regular and special meetings.
(1)
Quorum. A quorum is required to conduct a regular or special meeting.
(a)
A quorum of the Tribal Council for transacting business shall
be three Tribal Council members.
(b)
Tribal Council members must be present in person for regular
meetings to establish a quorum.
(c)
Tribal Council members may be present by teleconference, or
videoconference to establish a quorum for special meetings.
[1]
The Tribal Council may conduct business at special meetings
through the use of teleconferencing if necessary to establish a quorum
for a special meeting.
[2]
The vote of Tribal Council members at such meetings must be
recorded by teleconference, videoconference, or facsimile, in accordance
with tribal laws and policies governing the use of such meetings.
[3]
Unless otherwise provided in the Tribe's Constitution or
applicable law, the Tribal Council must identify all items of business
transacted at any meeting conducted by teleconference, videoconference,
or facsimile, and records of all actions taken shall be made available
in a subsequent regular or special meeting.
[4]
Meeting Agenda. An agenda for regular meetings will be developed
during the preceding workshop and prep sessions. The Council's
Administrative Coordinator, or designee, shall prepare a draft agenda
for the regular meeting based on those items approved at prep session
to proceed to the regular meeting. An agenda for a special meeting
shall be developed by the Chair or the Chair's designee.
(2)
Proceedings.
(a)
All meetings shall be audio and or visually recorded only by
persons authorized to do so by the Tribal Council.
(b)
The first order of business at a regular or special meeting
shall be a call to order and roll call of the Tribal Council members
to establish a quorum. If there is no quorum the meeting must be rescheduled.
If quorum is established, the meeting may proceed as scheduled.
(c)
Voting.
[1]
Motions and resolutions shall be forwarded by a member of the
Council.
[2]
Motions and resolutions require a second to proceed to a vote.
[3]
Once seconded and stated by the Chair, motions and resolutions
are the property of the NHBP, per tribal law, and not the property
of the motion maker and can be disposed of only by the Tribal Council.
[4]
All voting on motions and resolutions will be done via a roll
call vote except when unanimous consent is given.
[5]
Tribal Council members should abstain from voting only when
they have a conflict of interest.
[6]
When the Chair believes that there is unanimous consent on any
motion or resolution, the Chair may state the following, "Without
objection, this motion/resolution is adopted." In the event that one
or more Tribal Council member objects to unanimous consent, the Chair
must then call for a vote on the motion, asking first for those in
favor followed by those opposed.
(d)
The draft agenda shall then be reviewed, amended as necessary
and approved. Any additional item(s) added to the agenda require a
majority vote up until the time the agenda is adopted. Once the agenda
has been adopted by a simple majority vote, changes require a two-thirds
vote or by unanimous consent.
(e)
The Chair or Acting Chair shall address those items listed on
the consent agenda.
(f)
If there has been action or is pending action from a board,
committee, American Indian or community organization where a Council
member holds a seat, that Council member will report back to the Council
at the next regularly scheduled Tribal Council meeting.
(g)
Old and new business items.
(h)
Council members may then deliver reports regarding their offices
and actions since the last meeting.
(j)
Closed Sessions Authorized. The Tribal Council may meet in closed
session to address personnel matters, business matters or legal matters.
All or part of a meeting may be held in closed session. The Tribal
Council shall disclose the general topic to be discussed in closed
session to the tribal membership.
[1]
Purpose. Closed sessions are intended to permit the Tribal Council
to engage in open, frank discussion and debate regarding matters that
may require confidentiality, involve proprietary business matters,
negotiating positions or are covered by one or more legally recognized
privileges. The Tribal Council may adopt motions or take other official
actions in closed sessions, subject to the restrictions in Article
IV, Section 7(e) of the Constitution.
[2]
Procedures applicable to closed meetings.
[a]
Tribal Council members are required to preserve
confidentiality on all discussions, motions, resolutions and all documents
or information disclosed during the course of any discussion, debate
and action in a closed session.
[b]
The Tribal Council may only move into closed session
following a motion and vote of the Tribal Council, or by an agenda
that requires closed session, or by unanimous consent that has been
duly adopted by a majority vote of the Tribal Council.
[c]
Prior to entering into closed session, the Tribal
Council Chair shall provide a general description of the matters to
be addressed in closed session, the person(s) required to be present
during the discussion of each closed session agenda item, and the
general reason for discussing such matters in closed session. The
Tribal Council Chair's description of the matter(s) shall be
general enough to preserve any proprietary or privileged information.
[d]
If the Tribal Council takes any official action
in a closed session, a complete record of items considered and decided
in closed session, including minutes, shall be maintained. Such minutes
shall be filed in a confidential manner unless all or a part of the
record of such meeting is opened to the public by the Tribal Council
or upon order of the Tribal Judiciary.
[e]
At the conclusion of each closed session, the Tribal
Council will discuss whether any portion of the information discussed
(i.e., documents or written minutes) in such meeting can be open to
the public.
[f]
Upon the conclusion of any closed session, the
Tribal Council Chair shall ask for unanimous consent to move into
open session. Should unanimous consent not be given, a motion to move
into open session can be made by any Tribal Council member and approved
by a majority vote.
[g]
Any Tribal Council member who knowingly or recklessly
discloses information discussed, or documents reviewed, in executive
session or closed session, which has not been approved for public
dissemination shall be subject to disciplinary action as stated herein.
(k)
Meetings shall conclude with an announcement of completion of
the agenda items and the next regular meeting date, time and location.
D.
Who may attend regular and special meetings.
(1)
Enrolled tribal members of the Nottawaseppi Huron Band of the Potawatomi
Indians may attend open sessions of Tribal Council and General Membership
meetings.
(2)
Nonmember staff may attend open sessions and closed sessions when
they are invited by Council or have an item of business on the agenda.
(3)
Tribal Council has the authority to limit attendance to enrolled
tribal members of NHBP and require any nonmember in attendance to
leave.
(4)
Nonmember parents of minor children who are tribal members, and nontribal
members serving as legal guardians of incompetent adult tribal members,
are not members and may only attend meetings open to the public at
large or when invited to do so by the Tribal Council by majority vote.
E.
Conduct of attendees at regular and special meetings.
(1)
Sign in sheets for all Tribal Council and General Membership meetings
should be completed by all attendees. These sheets shall be included
in the minutes and made a part of the tribal public record.
(2)
No one is entitled to video or sound record Tribal Council and/or
General Membership meetings other than those designated by the Tribal
Council. Unauthorized recording equipment is subject to forfeiture,
including any recordings themselves.
(3)
Persons who interrupt the proceedings, or persons who intentionally
create an atmosphere not conducive to fair and orderly meetings are
subject to removal from the meeting. Refusal to leave when directed
to do so by the Sergeant at Arms may subject the refusing party to
criminal and civil penalties for disorderly person and trespass.
(4)
Each person who wishes to make a comment or direct a question to
the Tribal Council is encouraged to write that comment or question
down on the approved form or another sheet of paper and deliver it
to the staff member designated by Tribal Council to receive and acknowledge
comments/questions.
In cases of disputes as ta compliance with these bylaws, substantial
compliance, rather than complete compliance with these bylaws shall
be deemed adequate.
Any prior versions of the Tribal Council bylaws, adopted by
Tribal Council, are hereby repealed; provided that the validity of
any action taken by the Tribal Council under prior bylaws shall continue
in full force and effect.
In the event a court of competent jurisdiction determines that
any clause or section of these bylaws is invalid, such invalid clause
or section shall be severed from the remaining body of these bylaws,
and the remainder of the clauses or sections shall remain in full
force and effect.
These bylaws may be amended by the Tribal Council in accordance
with the Constitution and any rules set forth governing amendment
of laws which may be adopted by the Tribal Council.
