[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
This Act shall be known as the "Exclusion Act."
(b) 
The purpose of this Act shall be to provide for the Tribe's inherent right to exclude from Tribal lands persons or other parties whom the Tribal Council determines to be persona non grata, in accordance with Article IV, Section 1(g).
(c) 
Exclusion under this Act shall be an action of last resort, or used in emergency situations or under exigent circumstances only.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
The power to exclude persons or parties from Tribal lands or property shall lie exclusively in the Grand Traverse Band Tribal Council and shall not be delegated.
(b) 
An exclusion ordered under this Act may be from all, or any portion, of Tribal lands or property.
(c) 
An exclusion ordered under this Act may be for any period of time or may be permanent. An exclusion may also be for an intermittent period of time.
(d) 
Exclusions may be conditional, and could be subject to stipulations that involve restitution to the Band or to individuals; compliance with restraining orders; or any other condition which the Tribal Council deems appropriate.
(e) 
For purposes of this Act, "Tribal lands or property" shall include all lands defined as "Indian country" by 18 U.S.C. § 1151, as well as any other real property owned or controlled by the Grand Traverse Band or any of its agencies or entities.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
Any person or party may be excluded in accordance with this Act unless such exclusion violates applicable Grand Traverse Band Tribal or federal law.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
Exclusion of any person or party shall be done through enactment of a written resolution of the Tribal Council after it has conducted a hearing which provides the person/party to be affected an opportunity to respond to the Tribal Council's grounds for exclusion.
(1) 
All hearings and exclusions under this Act shall be done during an open session of Tribal Council.
(2) 
At such hearing, the Tribal Council shall make public its reasons for proposing to exclude the person/party in question. Such reasons must be based upon one or more of the following:
(A) 
A threat to public health, safety or welfare, including recurring criminal activity;
(B) 
A threat to the natural resources or environment;
(C) 
Fraudulent business activity involving Tribal members, Tribal entities or Tribal properties;
(D) 
Gross interference with Tribal administration or law enforcement; or
(E) 
Intentional interference, or interference resulting from grossly negligent activity, with Tribal ceremonies or cultural activities.
(3) 
The applicable reasons set forth in Subsection (2) above shall be recited in the resolution of exclusion, along with a recitation of facts supporting such reasons.
(4) 
At the Tribal Council hearing, after the person/party affected has been provided with a detailed explanation of the reasons and facts supporting the proposed exclusion, such person/party shall be provided reasonable opportunity to rebut the reasoning given and otherwise make a case for why exclusion is not proper. This opportunity shall include the ability to cross-examine any witnesses who testify at the hearing in support of the exclusion. No formal rules of procedure or rules of evidence shall govern such Tribal Council hearing.
(5) 
Only after following the procedures set forth in this section may Tribal Council vote on the resolution of exclusion. In order to be effective, a resolution under this Act must be approved by at least five members of the Council.
(6) 
Such resolution must contain the date/time when the exclusion becomes effective. The affected person/party must be notified of the effective date/time in accordance with the provisions of Subsection (b) below.
(7) 
Due to its responsibility for public safety and the public interest, the Tribal Council shall have broad discretion to enact a resolution of exclusion under this Act within the parameters established under the above Subsection (2).
(b) 
Best efforts shall be made by the Tribal Council and/or its designee to provide written notice to the affected person/party of both the hearing and any subsequent exclusion. Service may be effected by mailing such notice to the last known address for the affected person/party.
(1) 
Such notice shall be served:
(A) 
In the case of a Tribal Council hearing, no later than five calendar days prior to the date of hearing; and
(B) 
In the case of an enacted exclusion resolution, no later than five business days from the date of the resolution's enactment.
(2) 
If a person has notice of the exclusion, and its terms, due to being present at time of the resolution's enactment by Tribal Council, such notice shall fulfill the requirements of this section although written notice shall also be provided in accordance with the provisions of this section.
(3) 
For purposes of 14 GTBC § 907 of this Act, the affected person/party shall not be criminally liable for violation of the terms of exclusion prior to service of the notice provided under this subsection. If the only service of notice was conducted by mail, the affected person/party shall not be criminally liable for violation of the terms of exclusion until two days after the date such notice was mailed, provided however that such liability may be incurred if it can be proven that the person/party was aware of the enacted exclusion and its terms prior to receipt of the notice via mail.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
Any person or party who has been the subject of an enacted exclusion resolution under this Act shall have the right to appeal such exclusion in the Grand Traverse Band Tribal Court. Such appeal must be filed in the Tribal Court within six months of the date the resolution of exclusion was enacted.
(b) 
Within three weeks of the date an appeal is filed, the Tribal Court shall conduct a review of the record to determine whether or not the Tribal Council properly excluded the appellant in accordance with the provisions of this Act.
(c) 
The Tribal Court shall be required to find by clear and convincing evidence that the Tribal Council acted properly under this Act. The burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence, that the Council did not so act.
(d) 
The Tribal Court shall respect the broad discretion which the GTB Constitution and this Act vests in the Tribal Council with respect to its powers of exclusion.
(e) 
In any appeal, the Tribal Court shall be limited to a review of the Tribal Council's action concerning such exclusion. The Tribal Court may not conduct a de novo hearing with respect to the exclusion.
(f) 
The decision of the Tribal Court must be released within five days of the hearing or, if the hearing was continued/adjourned for any purpose, within five days of the last court proceeding on the matter.
(g) 
The decision of the Tribal Court may be appealed by either party to the Tribal Appellate Court. Such appeal must be filed within six months from the date the Tribal Court decision was filed.
(h) 
The person/party excluded shall be allowed re-entry onto Tribal property for the limited time and purpose of attending any hearings or proceedings under this section. The Tribal Court is encouraged to recite this statutory authority for re-entry on its notices of hearings to the affected person/party.
(i) 
With the exception set forth in Subsection (h) above, an exclusion shall remain in effect at all times during the pendency of the appeal.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
In the event that the Tribal Council determines that there is an immediate need to order the exclusion of a person or party from Tribal property and that the issuance of notice and an opportunity for a hearing would cause a delay that could be harmful to the Grand Traverse Band, its property or members, or other residents of Tribal property, the Tribal Council may enact, via written resolution, an emergency exclusion which shall be immediately effective. Such resolution shall contain the reasons for such exclusion, as required in 14 GTBC § 904(a)(2)-(3) above, and must be approved by at least five members of the Council.
(b) 
Immediately after enactment of such an emergency exclusion, the Council shall notify the person/party of the exclusion. The Council shall provide the person/party with a copy of the resolution and notice of the hearing to be held.
(1) 
With the exception of it being held after an exclusion has been enacted, the hearing shall generally comply with the provisions set forth in 14 GTBC § 904 above, and shall afford the affected person/party the opportunity to rebut the Council's findings and request a rescindment of the exclusion.
(2) 
The person/party excluded shall be allowed re-entry onto Tribal property for the limited time and purpose of attending the Council hearing.
(c) 
After the opportunity for a hearing under this section, the affected person/party may pursue an appeal to the Tribal Court in accordance with 14 GTBC § 905 of this Act.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003. As amended by Tribal Act #06-24.1713 enacted by Tribal Council at Special Session on September 27, 2006.]
(a) 
Violation of the terms of an exclusion ordered under this Act, by an individual subject to the criminal jurisdiction of the Band, shall constitute a criminal offense punishable by one year imprisonment and/or a fine of $5,000 and the criminal offense of Trespass, as codified at 9 GTBC § 107(j)(4), is hereby incorporated by reference in this subsection.
(b) 
Violation of the terms of an exclusion ordered under this Act, by an individual subject to the civil jurisdiction of the Band, shall constitute a civil offense punishable by a fine of $5,000.
[History: Tribal Act #03-21.1245, enacted by Tribal Council on September 17, 2003.]
(a) 
An exclusion order enacted under this Act may include a requirement for the person/party excluded to pay initial costs associated with his or her exclusion. Such costs could include, but are not limited to, such costs as may be incurred for: execution of an eviction; any additional law enforcement effort required to ensure an individual complies with an exclusion order; recovery of Tribal property; costs to remove personal property left behind by the excluded individual; etc.
(b) 
If an assessment has been sent or otherwise provided to an individual under this section but payment has not been received by the Grand Traverse Band within 60 days of the date of service (date of mailing if sent via mail), the Tribal Prosecutor may move the Tribal Court to hold a hearing at which the individual shall show cause as to why he or she should not be charged with a criminal offense under 14 GTBC § 907 of this Act.