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Nottawaseppi Huron Band of the Potawatomi, MI
Calhoun County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 1-16-2020 by Res. No. 01-16-20-04]
This code shall be known as the "Nottawaseppi Huron Band of the Potawatomi (hereinafter referred to as "NHBP/Band") Ogitchedaw Code."
Capitalized terms not otherwise defined in this code shall have the following definitions:
ADVISOR
A nonvoting advisor to the Board of Directors.
BOARD OF DIRECTORS or BOARD
The Board of Directors of the Ogitchedaw as established in § 1.5-7.
COMMUNITY MEMBER
Immediate family member or extended family member of either:
A. 
A duly enrolled member of a federally recognized or state-recognized tribe or First Nation; or
B. 
An individual eligible for membership in a federally recognized or state-recognized tribe or First Nation.
CONFLICT OF INTEREST
The circumstance of a public office holder, Board member, or the like, whose personal interest might benefit from his or her official actions or influence.
CONSTITUTION
The Constitution of the NHBP was originally adopted by the NHBP Tribal Membership on September 24, 1979, and has been amended on March 21, 1998; April 5, 2003; April 8, 2006; January 12, 2012; April 27, 2013; and April 27, 2019.
COUNCIL or TRIBAL COUNCIL
The governing body of the NHBP.
DIRECTOR
Any member of the Board of Directors.
HONORARIUM
An honorary, ceremonial, gratuitous payment of money from the Board to an Organizational Member or an Advisor in recognition of service to the Organization.
MEMBERS
Persons duly admitted into the Organization, also referenced as Organizational Members.
MISCONDUCT
Committing a major or violent crime and egregiously violating the Seven Grandfather Teachings.
NATIONAL GUARD
The United States Air National Guard, United States Army National Guard, as well as the Air National Guard and Army National Guard of any state.
NOTTAWASEPPI HURON BAND or BAND
The Nottawaseppi Huron Band of Potawatomi Indians.
ORGANIZATION
The NHBP Ogitchedaw, the Board created by this code.
ORGANIZATIONAL MEMBER
A duly admitted member of the Organization.
ORGANIZATIONAL MEMBERSHIP
The duly admitted members of the Organization.
RESERVES
A military reserve force of any branch of the United States military and any State Defense Force.
TRIBAL MEMBER
A duly enrolled member of the NHBP, as defined in the Band's Constitution.
VETERAN
One who actively served in any branch of the United States military or one who served in the Reserves and was discharged under general or honorable conditions.
The Tribal Council of the Nottawaseppi Huron Band of the Potawatomi finds and declares as follows:
A. 
On December 21, 1995, the Department of the Interior recognized the Nottawaseppi Huron Band of the Potawatomi, as a federally recognized Indian Tribe pursuant to the Federal Acknowledgment process (60 Fed. Reg. 66315);
B. 
In accordance with Article IV of the NHBP Constitution, the Tribal Council of the Nottawaseppi Huron Band of Potawatomi Indians is the duly recognized governing body of the Band.
C. 
The Tribal Council is vested with those sovereign powers of the Band that are not inconsistent with any provisions of the Constitution, including, without limitation, those enumerated powers set forth in Article VI, Section 1(p), of the Constitution, which authorizes the Tribal Council to "establish regulatory commissions, boards, and other special purpose divisions or cooperative associations" and to delegate to such commissions, boards, divisions or cooperative associations any of the powers as provided in Article VI, Section 1, of the Constitution.
D. 
The traditional historical role of the Ogitchedaw (meaning "big hearted") included combat warriors and nonwarriors who assisted the tribal community and looked out for the best interests of the people.
E. 
The Tribal Council recognizes the contributions and sacrifices the Ogitchedaw have made to the Nottawaseppi Huron Band and their important role in the NHBP community and we recognize and honor the Ogitchedaw of today.
The Band hereby establishes the NHBP Ogitchedaw as a Board established pursuant to the authority of the Tribal Council, to:
A. 
Serve the NHBP and larger Native American community.
B. 
Honor the past Ogitchedaw and preserve honor for future Ogitchedaw.
C. 
Consult with the Tribal Council regarding policies, programs, and concerns regarding the Ogitchedaw.
D. 
Establish and vest a Board of Directors of the NHBP Ogitchedaw with rights, powers and obligations provided in this code.
A. 
Creation. The Organization is hereby established under this code, which shall be governed and managed by the Board of Directors, subject in all instances to the terms, provisions, and limitations set forth in this code.
B. 
Location. The Organization shall maintain its headquarters at a suitable location within land owned by the NHBP.
C. 
Instrumentality of the Band. The Organization is an instrumentality of the Band and shall be clothed with all the rights, privileges, and immunities of the Band, including but not limited to the sovereign immunity of the Band from suit absent express consent from Tribal Council. The Board of Directors shall be deemed officers of the NHBP government and shall be immune from suit when acting in their official capacity to the fullest extent permitted by law.
D. 
Allocation of authority. All rights, powers, or privileges not expressly delegated herein to the Organization shall be reserved to and held by the Tribal Council.
A. 
Powers. The Organization shall act within the limits of the authority expressly delegated to it by the Council. The Organization shall have the following powers and duties:
(1) 
Engage in traditional Ogitchedaw roles, including, but not limited to:
(a) 
Serving the NHBP and larger Native American community;
(b) 
Caring for the Eagle staff and Tribal flag(s) and maintaining positive relations amongst Drum groups, participants and community members;
(c) 
Serving as a Color Guard or Honor Guard at funerals, parades, and other ceremonies;
(d) 
Serving as role models by leading by example for the NHBP community;
(e) 
Performing funeral duties, as requested;
(f) 
Performing or assisting in flag retirement ceremonies; or
(g) 
Participating in Veteran's Day recognition(s).
(2) 
Share with the NHBP community the traditions and values of the Ogitchedaw, as appropriate.
(3) 
Act as a referral source for Ogitchedaw seeking programs and services designed to assist in reintegrating an individual into civilian life from active duty.
(4) 
Assist Veterans in their efforts to obtain military records.
(5) 
The Ogitchedaw will provide recommendations to the Tribal Council regarding the appointment or selection of delegates, committee members, or other such representatives to tribal, national, state, or local organizations promoting Veterans affairs.
(6) 
Request administrative or clerical assistance of NHBP administrative or clerical employees, regarding official Board matters, provided the request:
(a) 
Is needed for a matter pending before the Board;
(b) 
Is directed to the CEO (or head of the department or program in the absence of an acting CEO) from which such assistance is being sought;
(c) 
Reasonably describes the specific assistance sought and the specific reason(s) for requesting the assistance;
(d) 
Can be fulfilled with minimal interference with current priorities and responsibilities of the department or program; and
(e) 
Such request doesn't conflict with Nottawaseppi Huron Band law, regulation, policy, or procedure.
(7) 
Through the Board of Directors and consistent with the requirements of this code, admit members to the Organization and, if necessary, remove members from the Organization.
(8) 
To engage in and further the activities that advance any or all of the purposes for which the Organization is organized.
(9) 
To provide for Honorariums and reimbursement for reasonable and necessary travel expenses incurred in accordance with the Band's travel policy (reimbursement shall be limited to meals, travel, and lodging), for any Organizational Member or Advisor, where such person:
(a) 
Participates in an Organizational event or activity at the request of the Board of Directors; and
(b) 
Has provided the Band with a completed IRS W-9 Form or W-8 Form, when necessary.
(10) 
To make financial donations to Tribal members, veterans and charitable organizations, and other organizations that serve or assist veterans; provided that:
(a) 
Such financial donations are made pursuant to a written policy approved by the Board of Directors.
B. 
Limitation on powers and authority. The Organization shall have no authority to exercise any regulatory or legislative power. The Organization shall be nonpolitical and shall not disseminate partisan principles or promote the candidacy of any person seeking public office at the Tribal, state, or federal level.
A. 
Establishment. There is hereby established a Board of Directors, whose purpose is to manage and carry out the activities of the Organization. The Board of Directors shall act within the limits of the authority expressly delegated to it by the Council in this code.
B. 
Number. The Board of Directors shall consist of up to five (5) members (each a "Director").
C. 
Officers. The Board of Directors shall consist of the following five (5) officers: Chair, Vice Chair, Secretary, Treasurer, Sergeant at Arms. All officers shall be voting members.
D. 
Directors. The Directors shall be appointed by Tribal Council.
(1) 
When appointing to the Board, the Tribal Council shall specify to which office the appointee is being appointed. No Director shall simultaneously occupy more than one office.
E. 
Ex-officio Board Member. The ex-officio shall be a member of the Tribal Council who shall be appointed to serve as a nonvoting ex-officio member of the Board.
F. 
NHBP employee Board Member. The Tribal Council may, with the approval of the Chief Executive Officer, appoint an employee of the Tribal Government, who may be exempt from the qualification requirements for Directors, to serve as a nonvoting ex-officio member of the Board to provide assistance to the Secretary as provided under § 1.5-8D(1) and to the Treasurer under § 1.5-8E(1) and (2).
G. 
Advisor. The Board of Directors may appoint an Advisor. If the Board appoints an Advisor, such person shall act as a nonvoting advisor to the Board of Directors, whose presence shall not be counted in determining the number required for quorum or whether a quorum is present. If the Advisor is himself or herself also an Organizational Member, he or she is not prohibited from exercising any voting right open to the Organizational Membership. The Advisor serves at the pleasure of the Board of Directors and may be removed upon majority vote of the Board. The Advisor shall attend all Board meetings as an advisor, shall assist the Board in fulfilling its responsibilities, and shall be bound by all requirements applicable to Board Members, provided that the Advisor shall not vote or otherwise exercise the authority of a Board Member.
H. 
Qualifications for Directors.
(1) 
NHBP Tribal Member;
(2) 
Has prior experience in or currently practicing Ogitchedaw duties; and
(3) 
Must pass a background investigation.
I. 
Term. Each Director shall serve a term of three (3) years. Any Tribal Council representative serving on the Board as an ex-officio member shall serve the term commensurate with his/her elected position.
J. 
There is no limit to the number of terms an individual may serve as Director.
K. 
Successor. Unless and until he or she resigns from office or is removed from office by the Tribal Council in accordance with the requirements of § 1.5-9 of this code, each Director shall hold office until his or her successor is appointed by the Tribal Council or Ogitchedaw members. No Director may exercise the authority of his or her office until he or she is duly installed in office.
L. 
Stipend and reimbursement. Directors, ex-officio members, and the Advisor shall be entitled to reimbursement for actual and reasonable expenses incurred in the discharge of their duties, provided that such reimbursement shall be in accordance with the Band's travel policy and other applicable financial policies. Any Tribal Council representative acting as an ex-officio Board member shall not receive additional compensation for his/her service as an ex-officio Board member.
M. 
Board Members not liable. No Director shall be personally liable to any creditor of the Organization by reason of his or her status as a member of the Board or by reason of acts done or not done in the course of his or her official duties.
N. 
No self-dealing. All Directors and the Advisor shall be subject to and comply with the Band's policies.
O. 
Records. The Board shall keep complete and accurate records of all meetings and actions taken. Any meeting records shall be maintained as the exclusive property of the NHBP, the originals of which shall be kept at the NHBP Government Records Office of the Band. All meeting records of the Organization shall be available to NHBP membership in accordance with the NHBP government records policy.
A. 
All Directors shall be responsible for being fully informed regarding issues before the Board. Each Director shall attend all Board meetings. Each Director, including the Chair or other presiding Director, shall vote on each matter up for vote while in attendance at an Organization meeting.
B. 
Chair. The Chair shall:
(1) 
Represent the Organization;
(2) 
Preside at all meetings of the Board;
(3) 
Call meetings of the Board, in accordance with this Code and any applicable Nottawaseppi Huron Band law;
(4) 
Submit at each meeting such recommendations and information as he or she considers proper concerning the affairs and policies of the Organization;
(5) 
Present annual budget to Tribal Council for review; and
(6) 
Perform all other duties as may be directed by the Board.
C. 
Vice Chair. The Vice Chair shall:
(1) 
Assume duties of the Chair in the Chair's absence.
(2) 
Perform other duties as directed by the Board of Directors.
D. 
Secretary. The Secretary shall:
(1) 
Create and maintain minutes of all meetings of the Board of Directors;
(2) 
Provide proper public notice of all meetings of the Board of Directors;
(3) 
Collect and maintain applications for membership in the Organization and present those to the Board of Directors for review;
(4) 
Perform other duties as directed by the Board of Directors.
E. 
Treasurer. The Treasurer shall:
(1) 
Monitor the fiscal matters of the Organization;
(2) 
Maintain full and accurate accounts of receipts and disbursements;
(3) 
Render to the Board of Directors, at each regular meeting or as otherwise required, a financial statement with an account of all transactions and the financial condition of the Organization;
(4) 
Work with the Board of Directors and collectively approve an annual budget;
(5) 
Perform other duties as directed by the Board of Directors.
F. 
Sergeant at Arms. The Sergeant at Arms shall:
(1) 
Maintain order during the Organizational meetings and Ogitchedaw events.
A. 
Removal. The Board of Directors may, by majority vote, request that the Tribal Council remove a Director, or the Tribal Council may, at its own discretion, remove any Director with just cause. All Directors shall serve at the pleasure of the Tribal Council.
B. 
Resignation. Any Director may resign at any time by giving written notice to the Board of Directors. The resignation shall take effect immediately.
C. 
Vacancies.
(1) 
The office of a Director who is removed, no longer meets the qualifications for his or her office, or dies, shall automatically be deemed vacant.
(2) 
Vacancies on the Board shall remain vacant until filled by the Tribal Council.
A. 
Quorum. The Board shall act only at a duly called meeting with a quorum present.
(1) 
At all meetings of the Board, a majority of the filled seats of the Board shall constitute a quorum for the transaction of business, provided there are at least two (2) filled seats.
(2) 
If a quorum is not present, the presiding Director shall adjourn the meeting. Any business on the agenda for the adjourned meeting shall be placed on the agenda for the next scheduled meeting.
B. 
Decisions. A majority vote of the Directors present shall decide any matter properly presented in a duly called meeting, unless the matter is one for which a different vote is required by this Code or other applicable Nottawaseppi Huron Band law. The Board may act through resolutions or motions.
C. 
Those entitled to vote and Conflict of Interest. Directors shall abstain from voting in conflict-of-interest cases as defined in this Code. Directors may also abstain from voting due to absence from previous relevant meetings.
D. 
Open meetings. All meetings of the Board shall be open to the public.
E. 
Location. Meetings of the Board of Directors may be held at any location within or outside of land owned by the Nottawaseppi Huron Band as directed by a majority of the Board; provided, however, that the preference is for meetings to be held within land owned by the Nottawaseppi Huron Band.
F. 
Participation. As long as a quorum is present in person, Directors may participate in meetings by teleconference, videoconference, or other forms of communication that allow participants to speak and hear each other.
G. 
Regular meetings. Regular Meetings of the Board shall be held at least quarterly as approved by resolution of a majority of the Board.
H. 
Special meetings.
(1) 
The Chair may call Special Meetings of the Board when necessary to address any specific matter between regular meetings.
(2) 
The Chair shall provide twenty-four (24) hours' notice to all members of the Board.
I. 
Notice of meetings. Notice of any regular or special meeting of the Board shall be provided as follows: Regular meetings shall provide, by resolution, the time and place for all regular meetings called by the Board. Special meetings shall be called by the Chair with notice given to all Board Members as provided in Subsection H above.
J. 
Closed meetings/confidential matters. The Board may meet in a closed session. If any part of a meeting is a closed meeting, the meeting notice shall indicate which portion of the meeting is closed, and the description of the closed items shall be sufficiently limited as to maintain the confidentiality of the matter.
A. 
Membership eligibility. Membership in the Organization shall be open to any person who:
(1) 
Is a duly enrolled member of a federally recognized or state-recognized tribe or First Nation; or
(2) 
Who is eligible for membership in a federally recognized or state-recognized tribe or First Nation; or
(3) 
Who is a community member; or
(4) 
Who is at least 16 years of age, or may be a young adult under 16 years of age with approval by a majority vote of the Board; and
(5) 
Pass a background investigation.
B. 
Application for membership in the Organization.
(1) 
Application for membership in the Organization shall be made on an application form approved by the Board of Directors. An applicant may obtain an application form by oral or written request to the Secretary.
(2) 
Any person eligible for membership in the organization must file a completed application with the Secretary. Applications may be filed by hand delivery, private courier, U.S. mail, facsimile, or email.
(3) 
Each enrollment application must be completed in its entirety and must contain sufficient information to permit the Secretary to properly determine the applicant's eligibility for enrollment. Applications must include, at a minimum, the following:
(a) 
The applicant's name;
(b) 
The applicant's address;
(c) 
The applicant's telephone number;
(d) 
The applicant's Nottawaseppi Huron Band or other federally or state-recognized tribal enrollment number;
(e) 
General or honorable discharge date (provide DD-214, if applicable);
(f) 
The signature of the applicant.
C. 
Processing the application. The applicant shall return the completed application to the Secretary, who shall, within ninety (90) calendar days of the date of receipt:
(1) 
Stamp the application form with the date on which it is received;
(2) 
Ensure that the application is complete. If the application is not complete, the Secretary shall notify the applicant of what is required to complete the application;
(3) 
Verify the applicant's enrollment with the Nottawaseppi Huron Band or a federally or state-recognized tribe;
(4) 
If, after review of the applicant's application and verification of the applicant's enrollment with the Band, the Secretary determines that the applicant is eligible for membership in the Organization, the Secretary shall provide a recommendation to the Board of Directors that the application be approved;
(5) 
If, after review and verification of the applicant's application, the Secretary determines that the applicant is not eligible for membership in the Organization it shall provide a recommendation to the Board of Directors that the application be denied;
(6) 
The Board of Directors shall then accept or reject the applicant's application, based solely on the merits of the Secretary's recommendation;
(7) 
All decisions of the Board of Directors regarding the acceptance or rejection of an applicant's application shall be final, subject to appeal to the Tribal Council;
(8) 
The Board shall notify the applicant of its decision by U.S. mail. Included with the notification of acceptance will be an Acknowledgment of Organizational Membership form that requires the signature of the applicant and to be returned to the Board Secretary.
(9) 
If the applicant is denied membership, the notice shall state the specific reason(s) the applicant is not eligible for membership. The notice shall state that the applicant may reapply for membership if he or she has any relevant new material, or may appeal the decision denying membership in accordance with the provisions of this code. The notice shall include a description of the appeal procedure, as stated below in Subsection C(10); and
(10) 
An applicant who is denied membership may appeal such decision to the Chief Executive Officer by sending a written request for an appeal signed by the applicant along with a copy of the notice described above in Subsection C(8) to the attention of the Chief Executive Officer, by U.S. mail within sixty (60) calendar days of the date of the notice from the Board. The applicant shall include with the request for appeal a statement explaining why the decision denying membership in the Organization to the applicant was in error and copies of any documents that support the explanation, provided such documents were provided to the Board for review when considering the application. The Chief Executive Officer shall coordinate the appeal process and facilitate a prompt decision. The applicant may represent himself or herself or may engage legal counsel at the applicant's expense. The Chief Executive Officer shall provide the applicant with a copy of its decision within ten (10) business days after reaching a decision. The Chief Executive Officer's decision may only be reversed by the Tribal Council upon the affirmative vote of a majority of Tribal Council members finding by clear and convincing evidence that the necessary facts for the Chief Executive Officer's action, or failure to act, were not supported by reasonable evidence, or that the Chief Executive Officer applied the membership eligibility standards in this code incorrectly. The decision of the Tribal Council shall be final and not subject to appeal.
D. 
Loss of membership.
(1) 
Relinquishment. An Organizational Member may relinquish his or her membership in the Organization at any time by providing signed written notice to the Chair or Secretary. The relinquishment shall take effect at the time specified in the notice or if no time is specified, the relinquishment shall take effect immediately. A copy of the notice shall be provided to the Secretary.
(2) 
Removal. An Organizational Member may be suspended or expelled by majority vote of the Board with clear and convincing evidence that the member engaged in misconduct that threatens the reputation, integrity, or public image of the Organization. Removal of a member shall take place only after the member has been given at least fifteen (15) business days' written notice of the charges and a reasonable opportunity to provide a defense against the charges or an explanation, which may be in writing or in person at a special session of the Board at which the removal action is on the agenda. The member may defend himself or herself at said session, or he or she may, at his or her expense, engage legal counsel. The Board shall provide the member with a copy of its decision within ten (10) business days after reaching a decision and a description of the appeal procedure. The decision of the Board shall be final, subject to appeal to the Tribal Council.
(3) 
Appeal of removal. One who wishes to appeal his or her removal from the Organization must provide written notice of such to the Chairperson of the Tribal Council within 45 calendar days of the Board's notice of its decision. If the written notice is received within the time specified in this subsection, then the Council shall schedule a hearing to occur within 45 days of Council's receipt of the notice or as soon thereafter as reasonably possible. The member may defend himself or herself at the hearing or he or she may engage legal counsel at his or her own expense. The Tribal Council shall provide the member with a copy of its decision within ten (10) business days after reaching a decision. The Board's decision may only be reversed by the Council upon the affirmative majority vote of Tribal Council members finding by clear and convincing evidence that the necessary facts for the Board's action were not supported by reasonable evidence, or that the Board applied the removal standards in this code incorrectly. The decision of the Tribal Council shall be final and not subject to appeal.
E. 
Voting.
(1) 
Upon approval of the Board of Directors, the Organizational Members present at the meeting may comment on a specific matter before the Board.
(2) 
Notation in minutes. If any motion or resolution is voted on by the Board of Directors, the minutes shall reflect such.
(3) 
Decision. A matter upon which the Directors vote shall be by majority vote of all present, unless the matter is one for which a different vote is required by this code or other applicable NHBP law.
(4) 
Conflict of interest. Directors shall abstain from deliberation and voting in matters in which they have a conflict of interest, as defined in this code.
A. 
Fiscal year. The Organization's fiscal year shall be the same as that of the Band.
B. 
Funding. Each year the Organization shall produce a detailed proposed annual budget for the Organization's subsequent fiscal year, which shall include a specific line item for Honorariums. The Organization shall submit an annual budget to the Band's Finance Department for review and approval within the budget timelines established by the Band. Expenditures may only be made in accordance with the Organizational budget approved by the Tribal Council.
C. 
Limitation on solicitation. The Organization may not solicit funds from any source other than the Band, unless authorized by NHBP law or policy.
D. 
Reporting. The Board shall develop and submit reports to the Tribal Council.