[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:
A nonvoting advisor to the Board of Directors.
The Board of Directors of the Ogitchedaw as established in § 1.5-7.
Immediate family member or extended family member of either:
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.
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.
The governing body of the NHBP.
Any member of the Board of Directors.
An honorary, ceremonial, gratuitous payment of money from
the Board to an Organizational Member or an Advisor in recognition
of service to the Organization.
Persons duly admitted into the Organization, also referenced
as Organizational Members.
Committing a major or violent crime and egregiously violating
the Seven Grandfather Teachings.
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.
The Nottawaseppi Huron Band of Potawatomi Indians.
The NHBP Ogitchedaw, the Board created by this code.
A duly admitted member of the Organization.
The duly admitted members of the Organization.
A military reserve force of any branch of the United States
military and any State Defense Force.
A duly enrolled member of the NHBP, as defined in the Band's
Constitution.
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:
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.
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.
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.
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.
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.
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.
