[HISTORY: Adopted by the Legislature of the Menominee Indian Tribe 6-6-2025 by Ord. 25-16. Amendments noted where applicable.]
The purpose of this chapter is to establish an Historical Acts Board with the goal to educate and create awareness about effects that the Termination Act of 1954 and the Menominee Restoration Act of 1973 have had on the Menominee Indian Tribe and honor those members that lived through this era and fought, in all their differing ways, to restore our federal recognition, thereby insuring that the rights guaranteed by treaty with the Federal Government continue to be honored for current and future generations. The Board will coordinate the development, implementation, and maintenance of educational materials for K-12 students and adult tribal members, and plan and promote annual Restoration Day Events that are infused with tribal culture.
For the purpose of this chapter, the following words and terms shall have the following meanings:
BOARD
The Historical Acts Board.
COMMUNITY MEMBER
A member of the Board who is not a member of the Legislature.
LEGISLATIVE MEMBER
A member of the Legislature who is appointed to the Board.
LEGISLATURE
The Menominee Tribal Legislature.
MEMBER
A member of the Board, regardless of whether he/she is a legislative member or a community member.
TRIBE
The Menominee Indian Tribe of Wisconsin.
A. 
Creation. There is hereby created a Historical Acts Board.
B. 
Members. The Board shall consist of six members. Two members of the Menominee Tribal Legislature and two community members shall be appointed by Menominee Tribal Legislature, and the remaining members of the Historical Acts Board Members include the Language and Culture Director, and the Education Director.
C. 
Term. The term of the two legislative members shall be for one year, and the term of the remaining community members shall be appointed in staggered terms, one community member at two years and remaining community member at one year.
D. 
Qualifications. To be considered for appointment to the Board, all potential candidates must be:
(1) 
An enrolled member of the Tribe; and
(2) 
18 years of age or older.
E. 
Appointment.
(1) 
On the second Monday in January of each year the Tribal Chairperson's office shall solicit letters of interest from those who are qualified and who would like to serve on the Board. Such solicitation notice shall be advertised at least once in the Menominee Nation News and posted in accordance with the Posting Procedures (Chapter 177). The solicitation shall remain open for a minimum of 30 calendar days.
(2) 
At the end of the solicitation period, the Tribal Chairperson shall verify the age, enrollment and address of the applicant to ensure that he/she meets the qualifications specified above.
(3) 
Members of the Legislature who would like to serve on the Board are encouraged to submit a letter of interest; however, if the Tribal Chairperson does not receive letters of interest from members of the Legislature, he/she may nominate up to two members of the Legislature to serve on the Board.
(4) 
If, at the end of the solicitation period, the number of applicants is less than the number needed to fill the vacancies on the Board, the Legislature shall reopen the solicitation in increments of 15 calendar days.
(5) 
At the second regular meeting of the Legislature in February, subject to reasonable time delays caused by any solicitation reopening, the Tribal Chairperson shall present a list of qualifying applicants and his/her two Legislative nominees. The Legislature shall, by open vote or secret ballot, appoint the requisite number of applicants to the Board and may appoint the Tribal Chairperson's nominees to the Board or select other legislative members.
(6) 
For the initial appointment to the Board, the Legislature shall appoint the initial Board members at the regular meeting following adoption of this chapter.
F. 
Term extensions. A Board member's expiring term shall be automatically extended if the Legislature has not filled the Board member's position. Such extended term shall immediately end once the Legislature fills the vacancy.
G. 
Removal. Any member of the Board may be removed by a majority vote of the Legislature if the member violates the code of ethical conduct or misses three or more consecutive unexcused regular meetings of the Board.
H. 
Limitation on Board Membership. A person who is not enrolled in the Menominee Tribe may not serve on the Board. In the event an employee identified as a member of the Board is not enrolled with the Menominee Tribe, the Tribal Chairperson may nominate an alternate employee who is enrolled in the Tribe.
A. 
Organization. The Board shall be assembled as follows:
(1) 
The Board shall consist of the following three officers: Chairperson, Vice Chairperson, and Secretary.
(2) 
The Board Chairperson shall be a member of the Legislature who is appointed by the Legislature.
(3) 
The Board Vice Chairperson, and Secretary shall be nominated and elected among the Board.
(4) 
The Board shall meet monthly, or more frequently as the Board Chairperson may determine.
B. 
Rules of order. The Board shall conduct itself as follows:
(1) 
The Board shall act in accordance with its own adopted rules and approved by the Menominee Tribal Legislature.
(2) 
No business shall be transacted without a quorum of the Board.
(3) 
A quorum of the Board shall consist of a minimum of five members of the Board.
(4) 
The Board may develop bylaws that are consistent with this chapter. Such bylaws shall be subject to the review and approval of the Legislature.
C. 
Compensation. The Board and its individual members shall be compensated as follows:
(1) 
All Board members in attendance at any regular and/or special meeting shall receive $50 per meeting, plus mileage.
(2) 
The Board may authorize any Board member to perform duties essential to carrying out the Board's duties at a rate of $20 per hour for time on task, provided that the Board member submits a detailed timesheet describing an hour-by-hour accounting of his/her time under such authorization for approval by the Board Chairperson.
(3) 
All meeting payments and time on task shall be subject to payroll taxes.
(4) 
Compensation for Employees Serving on Tribal Boards:
(a) 
Except in the situation described in Subsection C(4)(b) below, all Tribal employees shall punch out of the payroll timecard system when attending a Tribal board meeting in his or her capacity as a member of that Tribal board. The Tribal employee is eligible to receive any payments otherwise due a member of such Tribal board related to such attendance.
(b) 
All Tribal employees who are paid on an exempt salary basis and who hold the employment position specified for membership on a the Historical Acts Board, or who have been designated to act in place of the person holding such employment position shall not punch out of the payroll timecard system when attending such a Board meeting, and shall not be eligible to receive any payments otherwise due a member of such Board related to such attendance.
A. 
Responsibilities. The Board shall be responsible for the following:
(1) 
Coordinate the development, implementation, and maintenance of educational materials for K-12 students and adult tribal members.
(2) 
Plan Tribe's annual Restoration Celebration.
(3) 
Provide the Legislature with written bi-annual report which will include a financial and narrative report on its activities;
(4) 
Maintain an organized, accurate and complete record of all meetings, transactions, notices and correspondence, whether issued to or by the Board;
(5) 
Comply with the Tribe's accounting system and standards found in Menominee Tribal Code, Chapter 7, Accounting System, including the Accounting Procedures Manual; however, the Board may solicit a particular vendor up to four times in a one-year period;
(6) 
Comply with all official requests for information submitted by the Tribe, its officials and employees; and
(7) 
Ensure that each and every member complies with the following code of ethical conduct:
(a) 
No member shall use his or her position as a Board member to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated.
(b) 
No member shall solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the member's official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the member.
(c) 
No member shall take any official action affecting a matter in which the member, a member of his or her immediate family or an organization with which the member is associated has a personal financial interest.
(d) 
No member shall make any unauthorized commitments or promises of any kind purporting to bind the Tribe.
(e) 
A member shall not participate for personal gain, either directly or indirectly, with any individual or entity utilizing inside knowledge he/she gained while serving as a member of the Board.
(f) 
Members shall act in a manner as to uphold and enhance personal and professional honor and integrity.
(g) 
Members shall demonstrate the highest standards of personal integrity, truthfulness and honesty in all activities in order to gain confidence and trust from members in all such activities.
(h) 
Members have no authority to contact or communicate in any manner, whether in writing or verbally, with any person, any tribal department or agency, or any outside department, agency or jurisdiction representing themselves as speaking for the Board or with Board authority, unless such member(s) has been so authorized by the Legislature.
(i) 
Members are held to be personally responsible for their actions and treatment of all persons with whom they may come in contact; hence, they are to act in a professional, civil manner as representatives of Menominee tribal government.
(j) 
Members are reminded that their personal behavior should be reflective of their responsibilities as representatives of the Tribe.
B. 
Authority of the Board. The Board shall have all powers necessary to carry out the duties listed in Subsection A above, subject to the following limitations and restrictions:
(1) 
All contracts entered into by the Board, and all debts and deposits, shall be in the name of the Tribe.
(2) 
The Board shall not open any checking or saving accounts, or apply for any loans or credit cards, unless expressly approved by the Legislature.
(3) 
All checks and cash received by any member of the Board, or its agents, shall be receipted and deposited with the Tribe's Finance Department within 72 hours.
(4) 
Only the Board Chairperson shall be authorized to enter into contracts for an amount equal to or less than $1,500. All contracts in excess of this amount shall require the counter approval of the Tribal Chairperson.
(5) 
No contract requiring an advance of 50% or more may be entered into without the counter approval of the Tribal Chairperson.
(6) 
All contracts shall be in writing, and no contract that has not been reviewed by the Tribe's Legal Services Department shall be entered into by the Board.
(7) 
All requests for payment shall include backup documentation (e.g., itemized invoice).
A. 
Covered actions. Members of the Historical Acts Board are agents of the Tribe and while acting within the scope of their duties shall be:
(1) 
Subject to the protections of sovereign immunity to the extent allowed by Menominee tribal law and interpreted by courts of applicable jurisdiction.
(2) 
Defended by the Tribe against any complaint, grievance, lawsuit, etc., brought against them by any person.
(3) 
Indemnified by the Tribe for any loss they may suffer as a result of said complaint, grievance, lawsuit, etc.
B. 
Actions not covered. Actions of the Board or individual members of the Board which are outside the scope of their duties shall not be subject to the protections listed in § 105-7A(1) through (3) of this chapter.
C. 
Court actions. In any action otherwise authorized against the Board or individual members of the Board arising from the performance of their official duties, the following shall apply:
(1) 
Neither the Board, nor individual members of the Board, shall be liable for the payment of the costs or expenses of the opposing party.
(2) 
Neither the Board, nor individual members of the Board, shall be required to post security by bond or otherwise for any purpose.
(3) 
No civil action brought against the Board, nor individual members of the Board, shall be tried before a jury. All such actions shall be tried before a Tribal Court Judge.
(4) 
Any action against the Board, or any individual member of the Board, must be commenced within one year of the date the cause of action occurred.
Other departments and programs of the Tribe shall provide available technical assistance to the Board upon receiving reasonable notice from the Board.