[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
This Ordinance shall be called the Tribal Council Meetings Ordinance.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
The purpose of this ordinance is to give definitions to Tribal
Constitutional terms governing the legislative and administrative
procedures governing the implementation of executive and legislative
power contained in Article III pursuant to the authority in Article
IV, Section 1(c). This ordinance shall serve as a procedural guide
for the implementation of the executive and legislative power of the
Tribal Government.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997; and amended by a motion to approve Tribal Council
Resolution #19-37.3082 at a Tribal Council Regular Session on September
18, 2019.]
(a) "Affairs of the Tribe" means a general annual report of the Tribe
covering all major financial statements of the Tribe.
(b) "Annual meeting" means a yearly Tribal membership meeting at which
all the financial statements of the Tribe are presented pursuant to
Article III, Section 7 of the Tribal Constitution.
(c) "Call of meeting" means the person or persons who is properly authorized
to bring the Tribal Council meeting into existence.
(d) "Closed meeting" means a meeting closed to address personnel or legal
matters pursuant to Article III, Section 4(d), of the Tribal Constitution.
(e) "Closed Session" means a meeting closed to address personnel or legal
matters pursuant to Article III, Section 4(d), of the Tribal Constitution.
(f) "Council Executive Officers" means the Tribal Chair, Tribal Vice
Chair, Tribal Treasurer, and Tribal Secretary.
(g) "Council Committee" means an established committee by motion of the
Tribal Council to address specific delegated issues of the Tribe.
(h) "Directive" means an oral or written statement of the Tribal Council
to Tribal management requesting that an action be taken or an administrative
action stop.
(i) "Emergency meeting" means action taken by the Chairperson calling
a Council meeting under the authority of Art. III, Section 5(d) for
the specific purpose of property protection.
(j) "Executive functions" means the Tribal Council acting by motion or
resolution to implement an ordinance, legislative law, or administrative
practices.
(k) "General reason for no record" means a statement entered into the
Tribal Council record expressing a rationale in the form of a motion
stating the subject matter to be addressed in closed session at which
no record is kept, pursuant to Article III, Section 5(d) of the Tribal
Constitution.
(l) "Legal matters" means all matters of the Tribe wherein the Tribe
is a party, either directly or indirectly, to a legal proceeding in
federal, state, or Tribal court or an administrative forum addressing
a matter to which the attorney client privilege attaches; a matter
wherein the Tribe is considering acting in its legal capacity as a
party; e.g., purchase of land. Legal matters shall be discussed by
the Tribal Council in closed session pursuant to Article III, Section
5(d)(1) of the Tribal Constitution.
(m) "Legislative functions" means the passing of an ordinance or the
promulgation of rules.
(n) "Majority vote" means a vote of four or more Tribal Councilors on
a motion, ordinance, or resolution, with the Tribal Chair voting only
to break a tie vote. Tribal committees may adopt voting requirements
subject to the approval of the Tribal Council (GTB Committee Procedures
Act, 1 GTBC § 207).
(o) "Meeting" means a prearranged gathering of members of a public body
for the purpose of deliberating on public business and taking official
action; any kind of gathering convened to discuss public business,
in person, by telephone, or by other means of communication; an official
meeting is any meeting at which a quorum is present and official or
public business is discussed; provided that meetings of a gathering
of members of a governmental body for purely ministerial or social
purposes, when there is no discussion of policy or no intent to avoid
the purposes of the open meetings standard, does not constitute a
meeting for purposes of this ordinance.
(p) "Motion" means a proposal by which the Tribal Council expresses an
opinion, takes certain action, or orders something to be done.
(q) "Notice" means a written document posted in the chief administrative
building of the Tribe informing the Tribal membership of a fact. Notice
is subdivided into actual notice, constructive notice, express notice,
implied notice, personal notice, public notice and reasonable notice.
(r) "Notice of Meeting" means the official posting of an agenda of a
future Tribal Council meeting.
(s) "Open meeting" means a meeting open to Tribal membership pursuant
to Article III, Section 5(d) of the Tribal Constitution.
(t) "Open session" means that portion of a meeting that is open to Tribal
membership pursuant to Article III, Section 5(d) of the Tribal Constitution.
(u) "Ordinance" means a Tribal law duly enacted by the Tribal Council.
(v) "Personnel matters" means those issues dealing with Tribal personnel
that may be discussed in closed session pursuant to Article III, Section
5(d)(1) of the Tribal Constitution.
(w) "Polling" means a vote of the Tribal Council not taken during a duly
called Tribal Council meeting. Polling is only permitted on matters
that have already been considered by the Tribal Council in a properly
called Tribal Council meeting.
(x) "Posting" means an official notice of the time, place, date and agenda
of a future Tribal Council meeting which has been distributed to Tribal
offices for purposes of placing in a public area.
(y) "Preservation" means Council action that is necessary within less
than 72 hours to preserve property.
(z) "Property" means real, personal, intangible financial instruments
or records related to the specific Council agenda emergency meeting
item called by the Chairperson noticed as property preservation or
protection under Art. III, Section 5(d).
(aa) "Protection" means Council action by motion or resolution giving
specific direction to a delegated tribal government administrator,
entity or state, federal administrator or private commercial administrator
or interest directing the disposition of real, personal, intangible
financial instruments or records.
(bb) "Quorum" means the necessary minimum amount of Councilors present
that official business takes place pursuant to Article III, Section
6 of the Tribal Constitution.
(cc) "Record" means the minimum, resolution, ordinances of the Tribal
Council.
(dd) "Regular meeting" means a Tribal Council meeting called pursuant
to Article III, Section 5(a) of the Tribal Constitution.
(ee) "Resolution" means an official action of the Tribal Council under
the following circumstances, resolutions are either required or appropriate:
(1)
If the matter is one that the statute, charter, or by-laws require
a resolution;
(2)
If a certificate showing that the authority granted by Tribal
members or the Tribal Constitution to the Tribal Council or committee
of the Tribal Council to perform a certain act is required to be filed,
or likely to be required at some future time;
(3)
If the matter regulates the management of the Tribe or the subdivision
of the Tribe and is meant to be permanent until changed;
(4)
If the matter is one of importance;
(5)
If the matter is one that is likely to be referred to from time
to time; and
(6)
If the matter consists of amendments to the charter or by-laws
of subordinate Tribal entities.
(ff) "Special meeting" means a meeting called pursuant to Article III,
Section 5(b) of the Tribal Constitution.
(gg) "Tie vote" means a vote of the Tribal Councilors during a duly called
Tribal Council meeting whereby an even number of votes for and against
result in the Chair voting to break the tie vote pursuant to Article
III, Section 5(e)(3) of the Tribal Constitution.
(hh) "Tribal Chair" means the Tribal member elected to the office of Tribal
Chair pursuant to Article III, Section 3(a); also a Tribal Executive
Officer.
(ii) "Tribal Committee Chair" means that Tribal Councilor who is appointed
to a Tribal Council Committee by the Tribal Chair pursuant to Article
III, Section 3(a)(3) of the Tribal Constitution.
(jj) "Tribal Council" means the seven elected Tribal members elected to
office, consisting of the Tribal Chair and six Tribal Councilors,
pursuant to Article III of the Tribal Constitution.
(kk) "Tribal Council action" means an official action taken by the Tribal
Council at a duly called meeting in exercising its powers pursuant
to Article IV of the Tribal Constitution.
(ll) "Tribal Councilor" means an elected Tribal member to the Tribal Council
who is not the Tribal Chair.
(mm) "Tribal Executive Committee" means a committee of the Tribal Executive
Officers consisting of only those elected Tribal officials.
(nn) "Tribal Member" means a person who is duly enrolled with the Tribe
pursuant to Article II of the Tribal Constitution.
(oo) "Tribal Membership Meeting" means an annual meeting of the Tribal
membership to inform members of the status of the Tribe pursuant to
Article III, Section 7 of the Tribal Constitution.
(pp) "Tribal records" means the records of the Band which are the exclusive
property of the Tribe pursuant to Article III, Section 4 of the Tribal
Constitution.
(qq) "Tribal Secretary" means the Tribal Councilor nominated and appointed
by fellow Tribal Councilors to maintain the minutes of Tribal Council
meetings, maintain the Tribal Seal, and other duties pursuant to Article
III, Section 3(d) of the Tribal Constitution; also a Tribal Executive
Officer.
(rr) "Tribal Treasurer" means the Tribal Councilor nominated and appointed
by fellow Tribal Councilors to monitor fiscal matters, submit financial
reports, and other duties pursuant to Article III, Section 3(c) of
the Tribal Constitution; also a Tribal Executive Officer.
(ss) "Tribal Vice Chair" means the Tribal Councilor nominated and appointed
by fellow Tribal Councilors to perform duties of the Tribal Chair
in the Chair's absence, assume responsibility for functions delegated
by the Tribal Chair, and other duties pursuant to Article III, Section
3(b) of the Tribal Constitution; also a Tribal Executive Officer.
(tt) "Waiver of notice" means the act of intentionally relinquishing or
abandoning the notice requirement for purposes of an emergency meeting.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
(a) The Tribal Council meeting shall only take place within the federally
proclaimed reservation located in Peshawbestown, Michigan, or on land
held in trust by the United States government for the Grand Traverse
Band.
(b) The Tribal Council shall pass a resolution which shall be published
for Tribal members stating the time and place of the Tribal Council
regular sessions.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997; and amended by a motion to approve Tribal Council
Resolution #19-37.3082 at a Tribal Council Regular Session on September
18, 2019.]
(a) The call for a Tribal Council meeting is the exercise by the proper
person or persons of the power to bring the Tribal Council meeting
into existence.
(b) This call consists of a written direction to the Tribal Council Secretary
or other officers authorized to contact the Tribal members. For purposes
of this ordinance, the following meeting calls are authorized:
(1)
Tribal Council shall call meetings at least once every three
months by resolution establishing the time and place of the meeting.
(2)
Tribal Chair may call a Tribal Council meeting at his or her
discretion.
(3)
Tribal Chair shall call a meeting upon the written request of
two Tribal Councilors.
(4)
The Tribal Council Secretary shall call a meeting upon the petition
of 10% of the registered Tribal voters, subject to the verification
of the signatures by the GTB Election Board.
(c) The
Chairperson has the authority to call an emergency meeting of the
Tribal Council on less than 72 hours' notice for the specific
purpose of preserving or protecting property of the Tribe in accord
with the definitional section in Section 303.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
(a) All Tribal Council meetings shall be conducted according to the rules
of parliamentary procedure with Robert's Rules of Order as a
guide.
(b) All issues, motions, ordinances, or resolutions shall be passed by
majority vote. The Chair shall only vote to break a tie.
(c) In the event the Tribal Council addresses an issue in its deliberative
legislative capacity or its administrative executive capacity, and
the appropriate resolution is not available for action, the Tribal
Council may subsequently enact a motion or resolution by the polling
procedures identified in § 310 of this ordinance.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
The meetings of the Tribal Council shall be one of the following
types:
(a) Annual. Once a year to inform the Tribal membership of the affairs
of the Tribe. Notice requirement shall be a seven day posting. No
formal business shall be conducted.
(b) Regular. Transact all executive and legislative affairs of the Tribe.
The Tribal Council, pursuant to Article III, § 5(e), can
act in full capacity by issuing ordinances, resolutions, or motions.
Notice requirement shall be a seven day posting of the agenda for
the regular meeting.
(c) Special. Transact all executive business (motions or resolutions)
of the Tribe. The Tribal Council cannot officially act by issuing
ordinances when in executive session.
(1)
Special meeting called by the Chair in his/her discretion. Notice
requirement shall be a posting of the agenda pursuant to Article III,
§ 5(b) of the Tribal Constitution; the agenda must be posted
72 hours before the meeting.
(2)
Special meeting called by two Tribal Councilors upon written
notice. Notice requirement shall be seven days posting of agenda pursuant
to Article III, § 5(b)(2) of the Tribal Constitution.
(3)
Special meeting called upon the 10% of the registered Tribal
voters pursuant to Article III, § 5(b)(3) of the Tribal
Constitution, subject to the verification of the signatures by the
GTB Election Board. Notice requirement shall be a seven day posting
of the agenda.
(d) Emergency. Transact all executive and legislative business of the
Tribe in an expedited manner. Notice requirement is 72 hours; however,
an emergency meeting may be called to address health, safety, welfare,
or preserve the property of the Tribe with less than 72 hours'
notice. Maximum practical notice shall be given to each Tribal Councilor.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
The Tribal Council shall determine whether the meeting is closed
or open in conformity with the notice requirements of the Tribal Constitution
regarding regular, special, or emergency meetings.
(a) Annual. Open meeting to the Tribal membership.
(b) Regular. The Tribal Council shall post whether the meeting or proportions
of the meeting are to be open or closed.
(c) Special. The Tribal Council shall determine whether the meeting is
open or closed in accord with the definitions of personnel or legal
matters as defined herein. The determination of the nature of the
meeting shall be made by majority vote and a statement of rationale
for closing the meeting, if so moved and passed by a majority, shall
be entered in the record.
(d) Emergency. The Tribal Council shall determine whether the meeting
is closed or open at the time of the seventy-two-hour posting. If
the emergency meeting is called in less than 72 hours' notice/posting,
the Tribal Council shall determine whether the meeting is closed or
open at the beginning of the meeting.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
Access to Tribal Council minutes shall be freely available under
the following rules and regulations:
(a) Pursuant to Article III, Section 4, of the Tribal Constitution, the
general constitutional presumption is that all annual, regular, special,
or emergency Tribal Council meetings are required to be recorded with
published meeting minutes. Tribal members or their representatives
shall have access to all Tribal Council meeting minutes.
(b) The transcripts of all Tribal Council meetings shall be available
for review by Tribal members or their designated representatives.
For purposes of official Tribal action, only formally approved Tribal
Council minutes shall be used to prove the truth of the matter asserted
or to resolve the evidentiary issue in question.
(c) If the Tribal Council elects to not keep a record of the discussion
in closed session, a general reason for such determination shall be
made by the Tribal Council in the official record of the meeting.
A record of action taken by the Tribal Council in closed session shall
be available for review upon the approval of the closed session minutes.
The Tribal Council may elect to seal the closed records until final
disposition of the matter dealt with in closed session.
(d) Tribal Council meeting minutes shall be available for approval by
the Tribal Council within 30 days of the actual Tribal Council meeting
in question and shall be approved within the time limits of Robert's
Rules of Order.
(e) The records of the Tribal Council meeting shall be available for
review during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday
through Friday.
(f) Copies of the Tribal Council meeting minutes shall be available to
Tribal members provided that the requester reimburse the Tribe the
reasonable amount for the cost of reproduction.
(g) Requests for copies of the Tribal Council minutes shall be made on
the form prescribed by the Tribal Council and available at the Tribal
Administration Building.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
The Tribal Council may pass a resolution by a poll taken after
the Tribal Council regular, special, or emergency session provided
the following procedures are followed:
(a) The resolution specifically identifies the Tribal Council session
at which the Tribal Council acted in its legislative deliberative
capacity or its executive administrative capacity;
(b) The polled resolution text is posted in a public place for Tribal
membership review; and
(c) The poll is called by the Tribal Chair and is conducted by the Tribal
Council Secretary or the specific delegate of the Tribal Council Secretary.
(d) Pursuant to Article III, Section 5(c), of the Tribal Constitution,
the Tribal Chair may waive above subsections (A) and (B) and call
the poll of a resolution on federal, state, and/or local funding sources
where it is necessary for the preservation or protection of the health,
welfare, peace, safety, or property of the Tribe.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997. As amended by Tribal Act #98-16.655, enacted by
poll of Tribal Council on October 30, 1998.]
(a) Pursuant to the authority of Article III, Section 3(a)(4), of the
Tribal Constitution, the Tribal Council hereby establishes a committee
structure to implement the deliberative governance process.
(b) Committees shall only exercise authority consistent with the Tribal
Constitution and the rules and procedures established herein.
(c) The following committees are hereby created:
(1)
Constitutional Committees. All constitutional committees shall
consist of all Tribal Councilors, or their designees, with the respective
Committee Chair voting only to break a tie vote.
(A)
Executive Committee. Pursuant to Article III, Section 3, of
the Tribal Constitution, the Executive Committee shall consist of
the Chair, Vice Chair, Treasurer and Secretary. The Executive Committee
shall have and may exercise all those powers identified in Article
III, Section 3, of the Tribal Constitution and any additional executive
power specifically delegated to the Executive Committee by a Tribal
constitutional resolution ratified by the full Tribal Council.
(B)
Treaty Rights, Natural Resource and Environmental Committee.
The GTB Tribal Constitution provides the following:
"PREAMBLE: We, the members of the Grand Traverse Band of Ottawa
and Chippewa Indians of Michigan, in order to organize for our common
good, to govern ourselves under our own laws, to maintain and foster
our tribal culture, to protect our homeland, to conserve and develop
our natural resources, and to insure our rights guaranteed by treaty
with the federal government, do establish and adopt, as an incident
of our sovereign powers, this Constitution for the government, protection,
and common welfare of the Grand Traverse Band under the authority
of the Indian Reorganization Act of June 18, 1934, (48 Stat. 984),
as amended.
ARTICLE X, Section 2: Treaty Rights and the Development of Tribal
Resources. Members of the Grand Traverse Band shall have the right
to fish, hunt, trap, and gather food from plants, subject to reasonable
restrictions established by the Tribal Council for protection of the
resources; provided that this Section does not include the right to
commercially develop tribal resources, such right being reserved to
the Band; provided further that the Band may license members to commercially
develop the resources of the Grand Traverse Band.
ARTICLE XI, Section 2: "Land Use and Natural Resources Conservation
Plans Required. The Tribal Council shall by ordinance establish a
comprehensive land use and natural resources conservation plan for
lands and natural resources subject to tribal jurisdiction. The Treaty
Rights, Natural Resource and Environmental Committee shall develop
a natural resource plan consistent with the Preamble; Article X, Section
2; and Article XI, Section 2 of the Tribal Constitution. This committee
shall monitor Tribal treaty rights related to hunting, fishing, and
gathering."
(2)
Standing and Special Committees. The Tribal Council may, by
resolution passed by a majority of the whole, designate one or more
standing or special committees, each such committee to consist of
one or more of the Tribal Councilors and a designated number of Tribal
members as appropriate. Each such committee shall have and may exercise
such of the powers of the Tribal Council in the management of the
business and affairs of the Tribe as may be provided in such resolution,
except as delegated by this ordinance or by the Tribal Council to
another standing or special committee or as may be prohibited by law.
(3)
Appointment, Duration and Removal. In the absence of any specific
language contained in the resolution creating the special or standing
committee, the appointment, duration and removal of committee members
shall be governed by the GTB Committee Procedures Act, and bylaws
of the committee, providing that the committee bylaws cannot preempt
the GTB Committee Procedures Act or the resolution creating the committee.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
(a) A majority of a committee shall constitute a quorum for the transaction
of any committee business.
(1)
Such committee or committees shall have such name or names and
such limitations of authority as provided by this ordinance or as
may be determined from time to time by resolution adopted by the Tribal
Council.
(2)
The Tribe shall pay all expenses of committee operations.
(3)
The Tribal Council may designate one or more appropriate Tribal
Councilor as alternate member of any committee, who may replace any
absent or disqualified member at any meeting of such committee.
(4)
In the absence of disqualification of any members of such committee
or committees, the member or members thereof present at any meeting
and not disqualified from voting, whether or not he or they constitute
a quorum, may unanimously appoint another appropriate member of the
Tribal Council to act at the meeting in the place of any absent or
disqualified member.
(b) Minutes. Each Tribal Council committee shall keep regular minutes
of its proceedings and report same to the Tribal Council when required.
The Tribal Secretary shall:
(1)
Be the official keeper of the special or standing committee
records of the Tribal Council,
(2)
Keep regular minutes of standing or special committee proceedings,
(3)
Make available to the Tribal Council, as required, copies of
all resolutions adopted or minutes or reports of other actions recommended
or taken by any such standing or special committee, and
(4)
Otherwise as requested keep the members of the Tribal Council
apprised of the actions taken by such standing or special committees.
The Tribal Secretary may delegate the actual performance of minute-taking
to a specific individual within the committee.
(c) Compensation.
(1)
Tribal Councilors may receive reasonable compensation for their
services and expenses of attendance at each regular or special meeting
of the committee consistent with the compensation structure and past
practices of the Tribal Council; provided, however, that nothing herein
contained shall be construed to preclude any Tribal Councilor from
serving the Tribe in any other capacity and receiving additional compensation
therefor.
(2)
Members of special or standing committees may be allowed like
compensation for attending committee meetings.
(3)
The Tribal Council shall set the compensation standards for
special and standing committees.
(4)
In the event the committee contains no GTB staff employees,
then the committee may request secretarial support from the Tribal
Council.
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
(a) A stipend shall be paid to each Tribal Council member who is in attendance
at a Tribal Council meeting pursuant to this ordinance.
(b) A Tribal Councilor has the option to decline payment.
(c) Stipends shall not be paid to any Tribal Councilor who is paid a
salary directly by a Tribal enterprise.
Comment: This practice [outlined in this subsection
313(c)] was initiated prior to the adoption and approval of the 1988
Constitution. It is the opinion of the Tribe's Legal Department
that this practice is consistent with past practices of prior Tribal
Councils and constitutionally valid.
|
[History: Tribal Act #97-15.471, enacted by Tribal Council
on June 17, 1997.]
In the event that any section or provision of this ordinance,
or amendments to this ordinance, is held invalid either by the Tribal
Court or subsequent development of Tribal Constitutional standards
and practices of the Tribal Council, it is the intent of the Tribal
Council that the remaining sections or provisions of this ordinance,
and amendments made to this ordinance, shall continue in full force
and effect.