[HISTORY: Adopted by the Legislature of the Menominee Indian
Tribe 2-7-2013 by Ord. No. 12-09; amended in its entirety 12-21-2021 by Ord. No.
21-89. Subsequent amendments noted where applicable.]
The Menominee Indian Tribe of Wisconsin recognizes that the governing
body of the Tribe, the Menominee Tribal Legislature, has the duty
and authority to protect itself, its land, and people from any conduct
that threatens their health, safety, and welfare.
The Menominee Indian Tribe also recognizes that it has the inherent
sovereign power to exclude and remove individuals from the Menominee
Indian Reservation. They recognize that this inherent power comes
from the traditional tribal practices and recognizes the importance
of keeping such traditional practices alive as a means of the protecting
the Tribe, the reservation, and all people present in their jurisdiction.
This Chapter is adopted by the Menominee Tribal Legislature under
the authority granted by Article III. Powers of the Tribal Government
of the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin
and pursuant to the Tribe's inherent sovereign authority.
The Menominee Indian Tribe of Wisconsin recognizes the severity of
this action and is desirous of establishing a reasonable procedure
to determine the necessity of excluding persons from the Reservation.
The purpose of this Chapter is to provide procedures for the partial
or total exclusions from the Reservation of individuals who engage
in conduct that threatens the health, welfare, safety, and security
of the Tribe, tribal government and employees, tribal businesses,
tribal members, or any non-member who is present on the reservation.
The Menominee Tribal Legislature expressly finds that the procedures
set forth in this chapter are intended to provide reasonable and orderly
means of excluding persons from the Menominee Reservation for the
benefit of the Tribes and its members and residents and are not intended
to grant specific rights.
EXCLUSION — Means an action by the Menominee Tribal Legislature
or Menominee Tribal Court as designate that prohibits and/or restricts
a person's access to the territory of the Menominee Indian Tribe
of Wisconsin.
INTEREST IN REAL PROPERTY — Means a legal and lawfully recorded,
if required by law, real property possessory interests in the following
manners: fee simple absolute ownership interests, leasehold interest,
or life estate.
LEGISLATOR — Means a duly elected member of the Tribal Legislature.
Legislators who have been expelled or recalled are no longer duly
elected members of the Tribal Legislature.
RESIDE — Means to maintain a residence in the territory of
the Menominee Indian Tribe of Wisconsin, and that residence shall
be their primary place of residence.
TERRITORY — Means all lands within the exterior boundaries
of the Menominee Indian Tribe of Wisconsin and all lands outside the
Menominee Indian Reservation owned by the Menominee Tribe, or by the
United States in trust for the Menominee Tribe.
TRIBAL LAND — Any tract of land in which the surface estate
is owned by the Tribe in fee, in trust, or restricted status, and
includes such lands reserved for BIA administrative purposes. The
term also includes any tribal chartered entity, business enterprise,
or school.
Except as provided by this section, all persons except those authorized
by tribal law or federal law to be present on tribal land may be excluded
or removed from the Menominee Indian Reservation or parts thereof.
Any person having an interest in real property on the reservation
may be excluded from any portion of the reservation as long as he/she
is not denied access to or the use of such property where they reside.
The grounds for exclusion shall be when the lives, safety, security,
health and/or welfare of the Tribe, tribal interests, tribal members
or anyone on tribal lands within the jurisdiction of the Tribe is
endangered.
"All Legislators" means all of the duly elected Tribal Legislators
who are active, sitting legislative members who have not vacated their
position or who have not been expelled or recalled. No vote may take
place if by reason of vacancy, voluntary or involuntary, there are
not at least seven Legislators present to vote.
"All Legislators" means all of the duly elected Tribal Legislators
who are active, sitting legislative members who have not vacated their
position or who have not been expelled or recalled. No vote may take
place if by reason of vacancy, voluntary or involuntary, there are
not at least seven Legislators present to vote.
A vote on exclusion may not take place if the good cause for
absence results in less than seven Legislators present to vote on
an exclusion. If seven Legislators are not present, the exclusion
vote shall be rescheduled for a later time.
Requests for exclusions and removals may be initiated by tribal members,
tribal departments, tribal employees, legislative committees, motion
of special or general counsel, or Tribal Legislators, by providing
a written request to the Menominee Tribal Chairperson's Office.
The written request must have sufficient information to identify
the person and the reason for the request so that an ordinance or
resolution can be drafted to meet the requirements of this chapter.
Requests with insufficient information will be denied.
The Tribal Chairperson, or designee, shall review in consultation
with Legal Division as to the sufficiency of the request and whether
it meets the requirements of this chapter.
Submitting a request for removal is not a right and any action relating
to requests for exclusions and removal is wholly with in the discretion
of the Tribe as an expression of their sovereignty.
Person(s) named in tribal ordinance or resolution of exclusion
shall be personally served 30 days' prior to the First Consideration
with a copy of the exclusion ordinance. Substitute services is allowed.
Service may be made at current place of employment if employment is
verified at the time of service.
If the person cannot be found within the Reservation, notice
may be effectively served by posting the notice in a conspicuous place
at their known residence for not less than 20 business days if at
least three personal service attempts have been made on two different
days, with at least one attempt having been made between the hours
of 5:30 p.m. and 10:00 p.m.
If the notice is posted, the notice shall also be mailed at
the address on file with the Tribal Enrollment Department or other
tribal department if nonmember. A public records check may also be
used to find this information.
Nonprimary speakers shall follow the public comment rules set by
the Legislature unless, prior to discussion, a vote of the majority
of Legislators moves for a different time limit.
Written submissions of support for exclusion or opposition to exclusion
can be submitted to the Legislature for consideration and will be
part of the legislative record.
Notice of exclusion. Notice of the ordinance or resolution will be posted pursuant to Chapter 177, Posting Procedures. An official copy of the approved ordinance will be provided to all tribal entities and departments for enforcement purposes. They will include, but are not limited to, Menominee Tribal Enterprise, College of Menominee Nation, MITW Conservation, MITW Licensing and Permits, and MITW Law Enforcement.
Requests for general readmission and lifting of the exclusion shall
be presented to the Language and Culture Commission. The Language
and Culture Commission will send any recommendation to Tribal Legislature
for final consideration.
Any excluded individual has five business days, from the date the
motion approving the exclusion ordinance or resolution occurred, to
provide and serve notice of procedural error to the Tribal Chairperson.
Entry of persons on Reservation for exclusion appeal. In cases where
the excluded individual cannot utilize a nonexcluded individual for
service of procedural error to the Tribal Chairperson, the excluded
individual shall call the Tribal Chair's Office to schedule a
time for delivery of such notice.
The excluded individual may only reenter in the company of law enforcement,
except an excluded individual may reenter without law enforcement
30 minutes before reschedule hearing, but shall immediately leave
following the rehearing if the exclusion is reaffirmed.
If any person ordered excluded from the Menominee Indian Reservation
or tribal lands pursuant to this chapter does not promptly obey the
order, law enforcement officers may immediately physically remove
the person excluded from the Reservation.
The matter may also be referred to the United States Attorney or
the County District Attorney, who may take such legal action as may
be necessary to compel compliance with the order.
Failure to obey exclusion order. Any Indian that knowingly violates
an order of exclusion issued pursuant to this chapter shall be deemed
guilty of an offense and may be subject to a fine not to exceed $5,000
and a jail term not to exceed one year.
Harboring excluded individual. Any Indian that knowingly violates
an order of exclusion issued pursuant to this chapter shall be deemed
guilty of an offense and may be subject to a fine not to exceed $1,000
and a jail term not to exceed six months; except for harboring an
individual excluded for drug-related crimes or activities or actions
resulting in serious bodily harm or death, the subject shall be fine
not to exceed $2,500 and a jail term not to exceed one year.
Frustration of exclusion order. Any person that knowingly violates
an order of exclusion issued pursuant to this chapter, including harboring
or allowing excluded individuals in their residence on the Menominee
Indian Reservation, commits a civil infraction punishable by a fine
not to exceed $500. Public posting of exclusion ordinances or resolutions
pursuant to tribal posting requirements is sufficient proof of knowledge
of exclusion.
This chapter shall have no effect on other tribal code or ordinances that have their own exclusion provisions, including, but not limited to: Chapter 306, Drugs and Drug Paraphernalia; Chapter 290, Article XIV, Gang-Related Crimes; Chapter 290, Article XVI, Sex Offender Registration and Notification.
Exclusions and removals authorized under this chapter are not criminal
in nature. These exclusions are an expression of the Menominee Indian
Tribe of Wisconsin's inherent right to exclude.