[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
The official records of the Tribal Government are public records subject to disclosure upon the petition of a member/citizen of the Tribe. Official records shall include those to which access is not restricted or held privileged under any federal or state laws or regulations, specific tribal ordinances or policies or Generally Accepted Accounting Principles or Generally Accepted Auditing Principles.[1]
[1]
Editor's Note: Section titles, in parentheses, have been supplied editorially in this chapter.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
All petitions for information shall be in writing and directed to the Tribal Department Manager that is the custodian of the information. The requested information must be described with specificity by listing the actual or approximate date of the document or documents and the type of document requested e.g., resolutions, motions, letter determination, minutes, or similar documents generated in the course of tribal public business.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
The Tribal Department Manager shall determine, in consultation with the Tribal Manager and the GTB Legal Department, whether the requested information is privileged or confidential information subject to federal tribal, or state law non-disclosure rules. If the Department Manager and the GTB Legal Department determine that the information is subject to non-disclosure, then the Department Manager shall notify the petitioner that the information is subject to rules of non-disclosure. The Department Manager shall list with specificity the federal, tribal or state law that governs the non-disclosure in the denial of the release of information to the petitioner.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
If the petition for information is subject to disclosure, then the custodian of records shall respond to the petition within 10 business days. If the record is a public governance document, then there shall be no charge for the requested information. If the record is not a public governance document, then the petitioner shall be charged a reasonable amount, reflecting the time and copy charges for the requested information, for access to the information.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
If the petitioner is requesting access to the records room or document repository to generally review the records, then the Tribal Department Manager shall generate a sign-in and sign-out sheet to ensure that the integrity and security of the records are maintained in accord with the substantive governing federal, state, or tribal law. The Tribal Department Manager shall make a segregation of the records to ensure that matters governed by federal, state, or tribal confidentiality laws are followed. The Tribal Department Manager shall provide the petitioner a list of all segregated records and the legal rationale for the segregation.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
The person or tribal program subject to the release of information shall be notified that a citizen/member of the Tribe by name (petitioner) has requested the release of information in the control of the Tribe concerning the person or tribal program. Information released to the petitioner shall also be provided to the person or tribal program that is the subject of the release of information. The person or tribal program shall be granted an opportunity to object to the release of information. The objection must be framed in terms of federal, tribal, or state law and must state with factual specificity the grounds for the objection.
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
The Grand Traverse Band reserves the right to redact information that may tend to compromise the safety, security and peace of Grand Traverse Band communities or individual members of the Band prior to disclosure to any member/citizen of the Tribe.