[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.