[History: Tribal Act #20-38.3206, enacted by Tribal Council
in Emergency Meeting on March 16, 2020.]
(a) This ordinance is established by the following authority:
(1)
Article IV, Section 1(a) of the Constitution, empowering the
Tribal Council to promote and protect the health, education, and general
welfare of the Band and its members.
(2)
Article IV, Section 1(b) of the Constitution, empowering the
Tribal Council to safeguard and promote the peace and safety of the
Band and its members.
(3)
Article IV, Section 1(c) of the Constitution, empowering the
Tribal Council to make all laws, not inconsistent with the Constitution,
which shall be necessary and proper to carry out the sovereign powers
of the Tribe, and to implement and enforce the same.
(4)
Article III, Section 5(d)(1) of the Constitution, empowering
the Tribal Council to prescribe rules and regulations to allow meetings
to be open to tribal members, with Tribal members having a reasonable
opportunity to be heard.
(b) The purpose of this ordinance is to ensure that the Tribe's
business can continue to be conducted by the Tribal Council in an
open and public manner and subject to review by Tribal members in
the case of a declared emergency.
(c) The Tribal Council finds that: public accountability and transparency
of all Tribal governmental action is of paramount importance, even
in extraordinary cases of a declared emergency; modern technology
affords solutions to allow the government to continue to function
during such emergencies while still ensuring public accountability
and transparency; and added reliance on such modern technology in
cases of emergency is a prudent and reasonable means to maintain the
continuity of its government activities while still allowing Tribal
members to remain fully informed and to continue their democratic
participation.
[History: Tribal Act #20-38.3206, enacted by Tribal Council
in Emergency Meeting on March 16, 2020.]
"Emergency" as that term is used in this Emergency Meetings
Ordinance means an emergency that is lawfully declared by the Tribal
Chairperson pursuant to the Emergency Operation Guide, Basic Plan,
as the Plan is established in accordance with the Tribe's Emergency
Management Resolution, 02-20.1121, or its successor or by declaration
of an emergency by the President of the United States.
[History: Tribal Act #20-38.3206, enacted by Tribal Council
in Emergency Meeting on March 16, 2020. As amended by Tribal Council
motion on 4-15-2020]
(a) Notwithstanding any other provision of law, during an emergency where
the nature of the emergency makes or has made meeting at the Tribal
Council meeting room in the Administrative Building impossible or
contrary to health and safety recommendations of experts appointed
by the Tribe, the state, or federal government, a meeting of the Tribal
Council or a "public body" as that term is defined by Section 502(e)
of the Grand Traverse Band Open Access to Meetings Act, 2 GTBC § 502,
may be held electronically, including by telephonic conferencing or
video conferencing, provided that the meeting is conducted in a manner
in which both the public and the members of the Tribal Council or
public body may participate by electronic means.
(b) A meeting of the Tribal Council or public body held electronically
must be conducted in a manner that permits two-way communication so
that members of the Tribal Council or public body can hear and be
heard by its other members and so that Tribal members can hear members
of the Tribal Council or public body and can be heard by members of
the Tribal Council or public body and other meeting participants during
any public comment period. The Tribal Council or public body may also
use technology to facilitate typed public comments that may be read
to or shared with its members and other participants.
(c) Tribal Councilors, the Tribal Chairperson, and any member of a public
body, if participating electronically, will be considered present
and in attendance at the meeting and may participate in the meeting
without limitation or restriction.
(d) All notice provisions required for the holding of a Tribal Council
meeting or meeting of a public body remain in effect during an emergency,
except that any notice of a meeting must include an explanation of:
(1)
The justification as to why the Tribal Council or public body
is meeting electronically;
(2)
Procedures by which the public may participate in the meeting
electronically, including a telephone number, internet address, or
both; and
(3)
Procedures by which persons may contact members of the Tribal
Council or member of the public body to provide input or ask questions
on any business that will come before the Tribal Council or public
body at the meeting.
(e) During a meeting of the Tribal Council or public body where any councilor
or member is attending electronically, the presiding official conducting
the meeting shall use the following voting presumption when calling
for a vote by members attending electronically. The voting presumption
shall be that all members support the motion or resolution unless
the member orally and affirmatively opposes the motion or resolution
or orally and affirmatively abstains from the vote.
[History: Amended by Tribal Act #20-38.3278, enacted by Tribal
Council on 9-16-2020.]
(f) Members of the public otherwise participating in a meeting held electronically
may be excluded from participation in a closed session during that
meeting.