[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.