[History: Enacted by Tribal Council motion on September 30,
2015; and amended by Tribal Council motion on May 25, 2016.]
(a) This Act is established by the following authority:
(1)
Article IV, Section 1(c) of the Constitution, granting to the
Tribal Council the power to make laws, including codes, ordinances,
resolutions and statutes.
(2)
Article III, Section 5(d)(1) of the Constitution, providing
that meetings of the Tribal Council and, by implication, agencies,
committees and commissions created under the authority of Article
IV, Section 1(c) and (m), "shall be open to tribal members and tribal
members shall have a reasonable opportunity to be heard under such
rules and regulations as the Council may prescribe" through additional
legislation consistent with its authority under Article IV, Section
1, wherein the Executive and Legislative functions are combined in
the Tribal Council.
(b) The purpose of this Act is to ensure that the Tribe's governmental
business is conducted in an open and public manner subject to review
by Tribal citizens and designated employees or agents of the Tribe.
This Act will ensure that the citizens of the Grand Traverse Band
remain informed on the affairs of the Band, their elected government
officials and the governmental systems created by the people of the
Grand Traverse Band.
(c) The Tribal Council finds that public accountability and transparency
of all governmental action is of paramount importance to legitimate
governments, and that modern technology provides simple and easy solutions
to allow the Tribal citizens to maintain fully-informed and democratic
participation.
[History: Enacted by Tribal Council motion on September 30,
2015; and amended by Tribal Council motion on May 25, 2016.]
(a) "Citizens" means all enrolled members of the Grand Traverse Band
wherever located.
(b) "Closed Session" means the portion of a Regular, Special or Emergency
Meeting that is closed to the public for the discussion of personnel
or legal matters, or as may otherwise be permitted by federal or Tribal
law.
(c) "Meeting" means the official convening of a quorum of members of
a Public Tribal Body for the purpose of conducting public tribal business
and includes Regular, Special and Emergency Meetings.
(d) "Public" means an enrolled member of the Grand Traverse Band and
other persons as authorized by the Tribal Council to attend public
meetings.
(e) "public body" means any official entity of the Tribe at which a quorum
is required to conduct public business and which performs a governmental
function for the Band. Public Bodies shall include the Legislature,
including its committees established and organized pursuant to the
Committee Procedures Act, 1 GTBC § 209, and the following
defined Public Bodies:
(1)
The Election Board, established pursuant to Article VII of the
Constitution;
(2)
The Gaming Commission, established pursuant to 18 GTBC § 401
et seq.;
(3)
The Natural Resource and Environmental Committee, established
to administer Article X, Section 2 and Article XI, Section 2 of the
Constitution; and
(4)
Other boards, committees or subordinate organizations as the
Tribal Council may from time to time establish and delegate legislative
or executive authority.
[History: Enacted by Tribal Council motion on September 30,
2015; and amended by Tribal Council motion on May 25, 2016.]
(a) Every meeting of a public body shall be noticed to the public according
to the standards found in Article VI, Section 5 of the Constitution.
(b) Every meeting of a public body shall be take place in the Tribal
Council meeting room in the Administrative Building and shall be preserved
on an audio and visual recording, which shall be maintained and made
available on the internet for access and review by citizens of Grand
Traverse Band by means of an internet secure protocol to be established
by the Information Technology Department of the Tribal Government
and kept restricted to access by only by Tribal citizens.
(1)
Closed sessions shall not be subject to audio and visual recordings,
but the business to be discussed in closed sessions shall comply with
Article IV, Section (d)(1) of the Constitution or be subject to applicable
federal privacy laws. The reason for entertaining a matter in closed
session shall be clearly stated on a meeting's agenda and on
the record in open session (i.e., a legal matter, a personnel matter,
or the applicable federal privacy law).