Authority of Grand Traverse Band, MI
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Authority of Grand Traverse Band, MI
Statutes of the Grand Traverse Band of Ottawa and Chippewa Indians
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Authority of Grand Traverse Band, MI
GRAND TRAVERSE BAND CODE
Title 1
LEGISLATIVE BRANCH
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Authority of Grand Traverse Band, MI
§ 101
LEGISLATIVE BRANCH
§ 103
CHAPTER 1
Legislative Procedures
§ 101. Statement of Purpose. [History: Legislative Procedures Act, adopted by Tribal Council on
August 21, 1996.]
The purpose of this ordinance is to define the terms of Article III, Section 5(e), and Article IV, Section 1(c),
of the Tribal Constitution in order to provide forms and procedures for the enactment of Tribal ordinance
law by the Tribal Council acting in its legislative capacity.
§ 102. Definitions. [History: Legislative Procedures Act, adopted by Tribal Council on August 21,
1996.]
(a)
"Bill". The draft of a proposed law from the time of its introduction in a legislative body before it is
enacted into law by vote of the legislative body. An "Act" is the appropriate term for it after it has
been acted on by, and passed by, the legislative body.
(b)
"Committee". A person, or an assembly or board of persons, to whom the consideration,
determination, or management of any matter is committed or referred, as by a court or legislature. An
individual or body to whom others have delegated or committed a particular duty, or who have taken
on themselves to perform it in the expectation of their act being confirmed by the body they profess
to represent or act for. In legislatures, a standing committee considers all bills, resolutions, and other
items of legislative business falling within the category of matters over which it has been given
jurisdiction. A special (or select) committee investigates and reports on specific matters and
terminates when that function has been rendered.
(c)
"Journal of Proceedings". The legislative history of bills and ordinances.
(d)
"Motion". Executive action of the Tribal Council directing that an act be committed or existing
actions be stopped.
(e)
"Ordinance". A rule established by authority; a permanent rule of action; a law or statute. In its most
common meaning, the term is used to designate the enactments of the legislative body of the Tribal
Council.
(1)
"Compiled Ordinances". Codified ordinances at Large by subject matter that shall be known as
the Grand Traverse Band Code referenced by a logical system of numbering to be determined
by the codifiers or compilers of the ordinances at large.
(2)
"Ordinances at Large". General body of ordinances listed in a chronological manner.
(f)
"Publication". The posting of a bill in a Tribal public place for review by Tribal members.
(g)
"Resolution". Formal executive action of the Tribal Council certifying the action and intent of the
Tribal Council.
(h)
"Tribal Council executive action". The Tribal Council action consisting of motion or resolution
pursuant to Article III, Section 5(e) of the Tribal Constitution.
(i)
"Tribal Council legislative action". The Tribal Council action consisting of the passing of an
ordinance pursuant to Article III, Section 5(e) of the Tribal Constitution.
§ 103. Legislative Session of the Tribal Council. [History: Legislative Procedures Act, adopted by
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§ 109
Tribal Council on August 21, 1996.]
(a)
The Tribal Council shall act in its legislative capacity in a designated process known as a legislative
session.
(b)
A legislative session shall be a designated portion of a regular or special Tribal Council meeting
consistent with the notice provisions of the Tribal Constitution.
(c)
Alternatively, the Tribal Council shall designate and dedicate a regular or special meeting solely to
legislative matters.
§ 104. Proposed Legislation. [History: Legislative Procedures Act, adopted by Tribal Council on
August 21, 1996.]
(a)
Any Tribal Councilor may offer proposed legislation which shall be designated as a bill for purposes
of review and comment by the committee structure of the Tribal Council and review and comment by
Tribal members.
(b)
Proposed bills shall be referred to a legislative drafting committee that is either ad hoc or standing.
(c)
The legislative drafting committee shall take direction from the Tribal Councilor or Councilors who
are sponsoring the proposed bill on the intent, content, and language of the proposed bill.
§ 105. Tribal Council Review of Proposed Legislation. [History: Legislative Procedures Act,
adopted by Tribal Council on August 21, 1996.]
(a)
Once a proposed bill is completed by the Tribal Councilor or Councilors and the legislative drafting
committee it shall be submitted to the Tribal Council for review and comment.
(b)
The Tribal Council shall have 30 days to submit reviews and comments, markup, on the proposed
bill.
§ 106. Tribal Membership Review and Comment. [History: Legislative Procedures Act, adopted by
Tribal Council on August 21, 1996.]
Once the proposed language is agreed to by the Tribal Council, the bill shall be published in a public place
for review and comment by Tribal members for a period not less than 30 days.
§ 107. Amendment/Passage of Bills. [History: Legislative Procedures Act, adopted by Tribal
Council on August 21, 1996.]
The bill shall be amended or passed in light of the above §§ 104, 105, and 106 process.
§ 108. Effective Date of New Laws. [History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996.]
(a)
Immediately. The Tribal Council may designate a proposed ordinance as an emergency and suspend
the above rules upon a finding that legislative action is immediately necessary to protect the health,
welfare, public security or economic status of the Tribe.
(b)
A new law may be given immediate effect if approved by four members of the Tribal Council.
(c)
A new law shall become effective in all other instances 30 days after enactment
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Authority of Grand Traverse Band, MI
§ 109
LEGISLATIVE BRANCH
§ 113
§ 109. Committees; Record of Votes; Public Inspection; Notice of Hearings. [History: Legislative
Procedures Act, adopted by Tribal Council on August 21, 1996.]
(a)
(b)
The Tribal Council may establish committees for the efficient conduct of its business.
(1)
Said committees may conduct public hearings to assist the committees in decision making.
(2)
On all actions on bills and resolutions in each committee, names and votes of members shall be
recorded for public inspection.
(3)
Notices of all committee hearings and a clear statement of all subjects to be considered at each
hearing shall be published in the journal in advance of the hearing.
The public hearings shall be open to all Tribal members, Tribal administration, official Tribal
committees, and unofficial Tribal committees and organizations who may offer testimony in support
of or in opposition to proposed legislation.
§ 110. Records of Votes on Election and Appointments. [History: Legislative Procedures Act,
adopted by Tribal Council on August 21, 1996.]
All elections and all votes on appointments shall be published by vote and name in the journal.
§ 111. Journal of Proceedings; Record of Votes/Dissents. [History: Legislative Procedures Act,
adopted by Tribal Council on August 21, 1996.]
(a)
The Tribal Council, while in legislative session shall, keep a journal of its proceedings and publish
the same unless security otherwise requires.
(b)
The record of the vote and name of the members voting on any question shall be entered in the journal
at the request of two Tribal Councilors.
(c)
Any Tribal Councilor may dissent from and protest against any act, proceeding or resolution which
he/she may deem injurious to any person or the Tribe and have the reasons for his/her dissent entered
into the journal.
§ 112. Codification of Tribal Law. [History: Legislative Procedures Act, adopted by Tribal Council
on August 21, 1996, as amended by Tribal Act #99-17.733, enacted by Tribal Council on May 18,
1999.]
(a)
The Secretary of the Tribal Council shall be responsible for codifying laws enacted by the Tribal
Council in legislative session, on an annual basis (calendar year).
(b)
Such laws shall be known as Tribal Acts and numbered consecutively for the year in which said laws
were passed and cited as "Tribal Act _____ of 19 _____."
(c)
Said Tribal Acts shall be further codified by category and published annually.
(d)
Such codification shall be known as the Grand Traverse Band Code (GTBC) and shall be cited as
"[title #] GTBC § [section #]".
§ 113. Effective Date. [History: Legislative Procedures Act, adopted by Tribal Council on August
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21, 1996.]
The effective date of this Act is September 20, 1996.
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§ 113
Authority of Grand Traverse Band, MI
§ 201
LEGISLATIVE BRANCH
§ 203
CHAPTER 2
Committee Procedures
§ 201. Short Title, Purpose and Definitions. [History: Tribal Act #92-10.85, enacted by Tribal
Council on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on
November 15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Short Title. This Act shall be entitled "The Committee Procedures Act".
(b)
Purpose. The Committee Procedures Act shall be liberally interpreted and construed to fulfill the
following expressed purposes:
(c)
(1)
To provide for the organization of Tribal committees,
(2)
To provide definitions for the different categories of Tribal committees,
(3)
To provide for classifications of committee roles in Tribal government,
(4)
To provide for the delineation of the powers and duties of Tribal committees,
(5)
To provide for compensation for committee members,
(6)
To provide for clarification regarding staff participation in the committee structure.
Definitions. As used in this Act:
(1)
"Constitutional Committee": A Tribal committee mandated or implied in the GTB Constitution
or so designated by the Tribal Council.
(2)
"Program Committee": A Tribal committee mandated by various federal or state grants or
contracts.
(3)
"Community Action Committees": Unofficial, non-Tribal committees organized by Tribal
community members outside the purview of the Tribal government.
(4)
"Ad Hoc Committee": Committees authorized by Tribal Council for special, singular purpose
that dissolve upon completion of its assigned mission.
(5)
"Members at Large": Tribal community members not members of the Tribal Council or
administrative staff.
(6)
"Staff Members": Employees of Grand Traverse Band whose employment is directly related to
Committee.
§ 202. Creation of Tribal Committees. [History: Tribal Act #92-10.85, enacted by Tribal Council on
December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November
15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
All Tribal Committees shall be created by Tribal Council resolution.
§ 203. Authorization of Tribal Committees. [History: Tribal Act #92-10.85, enacted by Tribal
Council on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on
November 15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
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§ 203
GRAND TRAVERSE BAND CODE
§ 206
(a)
Constitutional committees shall be authorized by expressed or implied language in the GTB
Constitution.
(b)
Program committees shall be authorized by the Tribal Council through its approval of the specific
Tribal program.
(c)
Ad hoc committees shall be authorized by Tribal Council Resolution.
§ 204. Duration of Tribal Committees. [History: Tribal Act #92-10.85, enacted by Tribal Council on
December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November
15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Constitutional Committees shall be permanent in nature.
(b)
Program committees shall terminate upon expiration of the underlying program's grant or contract.
(c)
Ad hoc. committees shall terminate upon completion of their specific task, or a time certain, as
detailed in the Tribal Council resolution creating the ad hoc committee.
§ 205. Authority of Committees. [History: Tribal Act #92-10.85, enacted by Tribal Council on
December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November
15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Constitutional committees shall meet on a regular basis, at least quarterly, to gather and/or
disseminate information and to make recommendations to the Tribal Council or Tribal Court to assist
the Council and the Court in carrying out their constitutional mandates.
(b)
Program Committees shall meet as required by the program to assist the staff in carrying out its
program mandate.
(c)
Ad hoc committees shall meet as needed to achieve the goals and objectives as outlined in the Tribal
Council resolution creating the ad hoc committee.
§ 206. Composition of Tribal Committees. [History: Tribal Act #92-10.85, enacted by Tribal Council
on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on
November 15, 1994; Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995; and Tribal
Act #01-19.941, enacted by Tribal Council via telephone poll on February 6, 2001.]
(a)
(b)
Constitutional committees shall be composed of not less than four or more than 10 members.
(1)
At least one member shall be a Tribal Council member.
(2)
A Tribal Council member shall serve as chair of constitutional committees.
(3)
Members must be appointed by the Tribal Council and shall serve at the pleasure of the Tribal
Council.
(4)
The Tribal Council and/or committee members shall solicit members to serve on committees in
the GTB newsletter and by posting in Tribal Buildings.
(5)
A Tribal Council member who loses an election, is recalled, resigns or is removed from office,
shall relinquish his or her membership on Tribal committees.
Program committees shall be of a size prescribed in the program's grant or contract.
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§ 206
(1)
(c)
LEGISLATIVE BRANCH
§ 211
Members shall be appointed by Tribal Council upon recommendation from program staff.
The composition of the Appropriations Committee shall be governed by the Appropriations Act.
§ 207. Rules of Procedure, Notice. [History: Tribal Act #92-10.85, enacted by Tribal Council on
December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November
15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Committees shall adopt rules of procedures for the conduct of their business subject to the approval
of Tribal Council.
(b)
Notice requirements for committee meetings shall comport with notice provisions of the GTB
Constitution, Article III, Section 5.
§ 208. Recommendations, Proposed Legislation. [History: Tribal Act #92-10.85, enacted by Tribal
Council on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on
November 15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Proposed legislation shall originate with or be referred to the appropriate constitutional committee
which shall hold open meetings to discuss the proposed legislation.
(b)
The committee shall then make written recommendations to the Tribal Council.
(1)
Any committee member who disagrees with the committee's recommendation may make a
written minority report to the Tribal Council, outlining their opposition to the committee's
recommendation.
§ 209. Open Meetings, Committee Records. [History: Tribal Act #92-10.85, enacted by Tribal
Council on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on
November 15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Committee meetings shall be open to the membership pursuant to Article III, Section 5(d) of the GTB
Constitution except in cases involving Indian Child Welfare matters, matters of confidentiality, items
covered by the Privacy Act, personnel matters and legal matters.
(b)
Committee records shall be open to the membership pursuant to Article III, Section 4 of the GTB
Constitution except in cases involving matters of confidentiality, the Privacy Act, Indian Child
Welfare matters, personnel matters or legal matters.
§ 210. Application of Indian Civil Rights Act of 1968. [History: Tribal Act #92-10.85, enacted by
Tribal Council on December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal
Council on November 15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18,
1995.]
TRIBAL COMMITTEES SHALL COMPLY WITH THE PROVISIONS OF THE INDIAN CIVIL
RIGHTS ACT OF 1968, 25 U.S.C. §§ 1301 — 1303.
§ 211. Compensation, Stipends. [History: Tribal Act #92-10.85, enacted by Tribal Council on
December 15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November
15, 1994, and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Tribal Council members appointed to Constitutional committees who serve as committee chairs, shall
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§ 213
receive a stipend for attendance at committee meetings in an amount as pursuant to policy, established
by the Tribal Council.
(b)
Members at large and Tribal Council members not serving as chairperson shall receive a stipend equal
to 1/2 that of the Tribal Council members serving the committee as chairperson.
(c)
Program Committee members shall not receive stipends.
(d)
Ad hoc committee members may receive stipends if authorized by the Tribal Council resolution
creating the ad hoc committee.
§ 212. Staff Participation. [History: Tribal Act #92-10.85, enacted by Tribal Council on December
15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November 15, 1994,
and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
(a)
Staff members whose work is directly related to the work of a committee, may be given release time
to attend committee meetings during working hours, with the prior approval of the Tribal Manager
and the Personnel Director.
(b)
Staff members whose attendance is required at committee meetings before or after work hours, may
arrange for compensation time (flex time) with the prior approval of the Tribal Manager and
Personnel Director.
§ 213. Tribal Preference. [History: Tribal Act #92-10.85, enacted by Tribal Council on December
15, 1992. As amended by Tribal Act #94-12.184, enacted by Tribal Council on November 15, 1994,
and Tribal Act #95-13.232, enacted by Tribal Council on April 18, 1995.]
In appointing committee members, preference shall be given first to Tribal members; Native American
community members; Native Americans.
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Authority of Grand Traverse Band, MI
§ 301
LEGISLATIVE BRANCH
§ 303
CHAPTER 3
Tribal Council Meetings Ordinance
§ 301. Short Title. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997.]
This Ordinance shall be called the Tribal Council Meetings Ordinance.
§ 302. Purpose. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997.]
The purpose of this ordinance is to give definitions to Tribal Constitutional terms governing the legislative
and administrative procedures governing the implementation of executive and legislative power contained
in Article III pursuant to the authority in Article IV, Section 1(c). This ordinance shall serve as a procedural
guide for the implementation of the executive and legislative power of the Tribal Government.
§ 303. Definitions. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997; and
amended by a motion to approve Tribal Council Resolution #19-37.3082 at a Tribal Council Regular
Session on September 18, 2019.]
(a)
"Affairs of the Tribe" means a general annual report of the Tribe covering all major financial
statements of the Tribe.
(b)
"Annual meeting" means a yearly Tribal membership meeting at which all the financial statements of
the Tribe are presented pursuant to Article III, Section 7 of the Tribal Constitution.
(c)
"Call of meeting" means the person or persons who is properly authorized to bring the Tribal Council
meeting into existence.
(d)
"Closed meeting" means a meeting closed to address personnel or legal matters pursuant to Article
III, Section 4(d), of the Tribal Constitution.
(e)
"Closed Session" means a meeting closed to address personnel or legal matters pursuant to Article
III, Section 4(d), of the Tribal Constitution.
(f)
"Council Executive Officers" means the Tribal Chair, Tribal Vice Chair, Tribal Treasurer, and Tribal
Secretary.
(g)
"Council Committee" means an established committee by motion of the Tribal Council to address
specific delegated issues of the Tribe.
(h)
"Directive" means an oral or written statement of the Tribal Council to Tribal management requesting
that an action be taken or an administrative action stop.
(i)
"Emergency meeting" means action taken by the Chairperson calling a Council meeting under the
authority of Art. III, Section 5(d) for the specific purpose of property protection.
(j)
"Executive functions" means the Tribal Council acting by motion or resolution to implement an
ordinance, legislative law, or administrative practices.
(k)
"General reason for no record" means a statement entered into the Tribal Council record expressing a
rationale in the form of a motion stating the subject matter to be addressed in closed session at which
no record is kept, pursuant to Article III, Section 5(d) of the Tribal Constitution.
(l)
"Legal matters" means all matters of the Tribe wherein the Tribe is a party, either directly or
indirectly, to a legal proceeding in federal, state, or Tribal court or an administrative forum addressing
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a matter to which the attorney client privilege attaches; a matter wherein the Tribe is considering
acting in its legal capacity as a party; e.g., purchase of land. Legal matters shall be discussed by the
Tribal Council in closed session pursuant to Article III, Section 5(d)(1) of the Tribal Constitution.
(m) "Legislative functions" means the passing of an ordinance or the promulgation of rules.
(n)
"Majority vote" means a vote of four or more Tribal Councilors on a motion, ordinance, or resolution,
with the Tribal Chair voting only to break a tie vote. Tribal committees may adopt voting
requirements subject to the approval of the Tribal Council (GTB Committee Procedures Act, 1 GTBC
§ 207).
(o)
"Meeting" means a prearranged gathering of members of a public body for the purpose of deliberating
on public business and taking official action; any kind of gathering convened to discuss public
business, in person, by telephone, or by other means of communication; an official meeting is any
meeting at which a quorum is present and official or public business is discussed; provided that
meetings of a gathering of members of a governmental body for purely ministerial or social purposes,
when there is no discussion of policy or no intent to avoid the purposes of the open meetings standard,
does not constitute a meeting for purposes of this ordinance.
(p)
"Motion" means a proposal by which the Tribal Council expresses an opinion, takes certain action, or
orders something to be done.
(q)
"Notice" means a written document posted in the chief administrative building of the Tribe informing
the Tribal membership of a fact. Notice is subdivided into actual notice, constructive notice, express
notice, implied notice, personal notice, public notice and reasonable notice.
(r)
"Notice of Meeting" means the official posting of an agenda of a future Tribal Council meeting.
(s)
"Open meeting" means a meeting open to Tribal membership pursuant to Article III, Section 5(d) of
the Tribal Constitution.
(t)
"Open session" means that portion of a meeting that is open to Tribal membership pursuant to Article
III, Section 5(d) of the Tribal Constitution.
(u)
"Ordinance" means a Tribal law duly enacted by the Tribal Council.
(v)
"Personnel matters" means those issues dealing with Tribal personnel that may be discussed in closed
session pursuant to Article III, Section 5(d)(1) of the Tribal Constitution.
(w) "Polling" means a vote of the Tribal Council not taken during a duly called Tribal Council meeting.
Polling is only permitted on matters that have already been considered by the Tribal Council in a
properly called Tribal Council meeting.
(x)
"Posting" means an official notice of the time, place, date and agenda of a future Tribal Council
meeting which has been distributed to Tribal offices for purposes of placing in a public area.
(y)
"Preservation" means Council action that is necessary within less than 72 hours to preserve property.
(z)
"Property" means real, personal, intangible financial instruments or records related to the specific
Council agenda emergency meeting item called by the Chairperson noticed as property preservation
or protection under Art. III, Section 5(d).
(aa) "Protection" means Council action by motion or resolution giving specific direction to a delegated
tribal government administrator, entity or state, federal administrator or private commercial
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administrator or interest directing the disposition of real, personal, intangible financial instruments or
records.
(bb) "Quorum" means the necessary minimum amount of Councilors present that official business takes
place pursuant to Article III, Section 6 of the Tribal Constitution.
(cc) "Record" means the minimum, resolution, ordinances of the Tribal Council.
(dd) "Regular meeting" means a Tribal Council meeting called pursuant to Article III, Section 5(a) of the
Tribal Constitution.
(ee) "Resolution" means an official action of the Tribal Council under the following circumstances,
resolutions are either required or appropriate:
(1)
If the matter is one that the statute, charter, or by-laws require a resolution;
(2)
If a certificate showing that the authority granted by Tribal members or the Tribal Constitution
to the Tribal Council or committee of the Tribal Council to perform a certain act is required to
be filed, or likely to be required at some future time;
(3)
If the matter regulates the management of the Tribe or the subdivision of the Tribe and is meant
to be permanent until changed;
(4)
If the matter is one of importance;
(5)
If the matter is one that is likely to be referred to from time to time; and
(6)
If the matter consists of amendments to the charter or by-laws of subordinate Tribal entities.
(ff) "Special meeting" means a meeting called pursuant to Article III, Section 5(b) of the Tribal
Constitution.
(gg) "Tie vote" means a vote of the Tribal Councilors during a duly called Tribal Council meeting whereby
an even number of votes for and against result in the Chair voting to break the tie vote pursuant to
Article III, Section 5(e)(3) of the Tribal Constitution.
(hh) "Tribal Chair" means the Tribal member elected to the office of Tribal Chair pursuant to Article III,
Section 3(a); also a Tribal Executive Officer.
(ii) "Tribal Committee Chair" means that Tribal Councilor who is appointed to a Tribal Council
Committee by the Tribal Chair pursuant to Article III, Section 3(a)(3) of the Tribal Constitution.
(jj) "Tribal Council" means the seven elected Tribal members elected to office, consisting of the Tribal
Chair and six Tribal Councilors, pursuant to Article III of the Tribal Constitution.
(kk) "Tribal Council action" means an official action taken by the Tribal Council at a duly called meeting
in exercising its powers pursuant to Article IV of the Tribal Constitution.
(ll) "Tribal Councilor" means an elected Tribal member to the Tribal Council who is not the Tribal Chair.
(mm) "Tribal Executive Committee" means a committee of the Tribal Executive Officers consisting of only
those elected Tribal officials.
(nn) "Tribal Member" means a person who is duly enrolled with the Tribe pursuant to Article II of the
Tribal Constitution.
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(oo) "Tribal Membership Meeting" means an annual meeting of the Tribal membership to inform members
of the status of the Tribe pursuant to Article III, Section 7 of the Tribal Constitution.
(pp) "Tribal records" means the records of the Band which are the exclusive property of the Tribe pursuant
to Article III, Section 4 of the Tribal Constitution.
(qq) "Tribal Secretary" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors
to maintain the minutes of Tribal Council meetings, maintain the Tribal Seal, and other duties
pursuant to Article III, Section 3(d) of the Tribal Constitution; also a Tribal Executive Officer.
(rr) "Tribal Treasurer" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors
to monitor fiscal matters, submit financial reports, and other duties pursuant to Article III, Section
3(c) of the Tribal Constitution; also a Tribal Executive Officer.
(ss) "Tribal Vice Chair" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors
to perform duties of the Tribal Chair in the Chair's absence, assume responsibility for functions
delegated by the Tribal Chair, and other duties pursuant to Article III, Section 3(b) of the Tribal
Constitution; also a Tribal Executive Officer.
(tt) "Waiver of notice" means the act of intentionally relinquishing or abandoning the notice requirement
for purposes of an emergency meeting.
§ 304. Location of Tribal Council Meeting. [History: Tribal Act #97-15.471, enacted by Tribal
Council on June 17, 1997.]
(a)
The Tribal Council meeting shall only take place within the federally proclaimed reservation located
in Peshawbestown, Michigan, or on land held in trust by the United States government for the Grand
Traverse Band.
(b)
The Tribal Council shall pass a resolution which shall be published for Tribal members stating the
time and place of the Tribal Council regular sessions.
§ 305. Calling a Meeting. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17,
1997; and amended by a motion to approve Tribal Council Resolution #19-37.3082 at a Tribal
Council Regular Session on September 18, 2019.]
(a)
The call for a Tribal Council meeting is the exercise by the proper person or persons of the power to
bring the Tribal Council meeting into existence.
(b)
This call consists of a written direction to the Tribal Council Secretary or other officers authorized to
contact the Tribal members. For purposes of this ordinance, the following meeting calls are
authorized:
(c)
(1)
Tribal Council shall call meetings at least once every three months by resolution establishing
the time and place of the meeting.
(2)
Tribal Chair may call a Tribal Council meeting at his or her discretion.
(3)
Tribal Chair shall call a meeting upon the written request of two Tribal Councilors.
(4)
The Tribal Council Secretary shall call a meeting upon the petition of 10% of the registered
Tribal voters, subject to the verification of the signatures by the GTB Election Board.
The Chairperson has the authority to call an emergency meeting of the Tribal Council on less than 72
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hours' notice for the specific purpose of preserving or protecting property of the Tribe in accord with
the definitional section in Section 303.
§ 306. Conduct of Tribal Council Meetings. [History: Tribal Act #97-15.471, enacted by Tribal
Council on June 17, 1997.]
(a)
All Tribal Council meetings shall be conducted according to the rules of parliamentary procedure
with Robert's Rules of Order as a guide.
(b)
All issues, motions, ordinances, or resolutions shall be passed by majority vote. The Chair shall only
vote to break a tie.
(c)
In the event the Tribal Council addresses an issue in its deliberative legislative capacity or its
administrative executive capacity, and the appropriate resolution is not available for action, the Tribal
Council may subsequently enact a motion or resolution by the polling procedures identified in § 310
of this ordinance.
§ 307. Classification of Tribal Council Meetings, Authority and Power to Conduct, and Notice
Requirements. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997.]
The meetings of the Tribal Council shall be one of the following types:
(a)
Annual. Once a year to inform the Tribal membership of the affairs of the Tribe. Notice requirement
shall be a seven day posting. No formal business shall be conducted.
(b)
Regular. Transact all executive and legislative affairs of the Tribe. The Tribal Council, pursuant to
Article III, § 5(e), can act in full capacity by issuing ordinances, resolutions, or motions. Notice
requirement shall be a seven day posting of the agenda for the regular meeting.
(c)
Special. Transact all executive business (motions or resolutions) of the Tribe. The Tribal Council
cannot officially act by issuing ordinances when in executive session.
(d)
(1)
Special meeting called by the Chair in his/her discretion. Notice requirement shall be a posting
of the agenda pursuant to Article III, § 5(b) of the Tribal Constitution; the agenda must be posted
72 hours before the meeting.
(2)
Special meeting called by two Tribal Councilors upon written notice. Notice requirement shall
be seven days posting of agenda pursuant to Article III, § 5(b)(2) of the Tribal Constitution.
(3)
Special meeting called upon the 10% of the registered Tribal voters pursuant to Article III,
§ 5(b)(3) of the Tribal Constitution, subject to the verification of the signatures by the GTB
Election Board. Notice requirement shall be a seven day posting of the agenda.
Emergency. Transact all executive and legislative business of the Tribe in an expedited manner.
Notice requirement is 72 hours; however, an emergency meeting may be called to address health,
safety, welfare, or preserve the property of the Tribe with less than 72 hours' notice. Maximum
practical notice shall be given to each Tribal Councilor.
§ 308. Open and Closed Meetings. [History: Tribal Act #97-15.471, enacted by Tribal Council on
June 17, 1997.]
The Tribal Council shall determine whether the meeting is closed or open in conformity with the notice
requirements of the Tribal Constitution regarding regular, special, or emergency meetings.
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§ 310
(a)
Annual. Open meeting to the Tribal membership.
(b)
Regular. The Tribal Council shall post whether the meeting or proportions of the meeting are to be
open or closed.
(c)
Special. The Tribal Council shall determine whether the meeting is open or closed in accord with the
definitions of personnel or legal matters as defined herein. The determination of the nature of the
meeting shall be made by majority vote and a statement of rationale for closing the meeting, if so
moved and passed by a majority, shall be entered in the record.
(d)
Emergency. The Tribal Council shall determine whether the meeting is closed or open at the time of
the seventy-two-hour posting. If the emergency meeting is called in less than 72 hours' notice/posting,
the Tribal Council shall determine whether the meeting is closed or open at the beginning of the
meeting.
§ 309. Records of Tribal Council Meetings. [History: Tribal Act #97-15.471, enacted by Tribal
Council on June 17, 1997.]
Access to Tribal Council minutes shall be freely available under the following rules and regulations:
(a)
Pursuant to Article III, Section 4, of the Tribal Constitution, the general constitutional presumption is
that all annual, regular, special, or emergency Tribal Council meetings are required to be recorded
with published meeting minutes. Tribal members or their representatives shall have access to all
Tribal Council meeting minutes.
(b)
The transcripts of all Tribal Council meetings shall be available for review by Tribal members or their
designated representatives. For purposes of official Tribal action, only formally approved Tribal
Council minutes shall be used to prove the truth of the matter asserted or to resolve the evidentiary
issue in question.
(c)
If the Tribal Council elects to not keep a record of the discussion in closed session, a general reason
for such determination shall be made by the Tribal Council in the official record of the meeting. A
record of action taken by the Tribal Council in closed session shall be available for review upon the
approval of the closed session minutes. The Tribal Council may elect to seal the closed records until
final disposition of the matter dealt with in closed session.
(d)
Tribal Council meeting minutes shall be available for approval by the Tribal Council within 30 days
of the actual Tribal Council meeting in question and shall be approved within the time limits of
Robert's Rules of Order.
(e)
The records of the Tribal Council meeting shall be available for review during normal business hours
of 8:00 a.m. to 5:00 p.m. on Monday through Friday.
(f)
Copies of the Tribal Council meeting minutes shall be available to Tribal members provided that the
requester reimburse the Tribe the reasonable amount for the cost of reproduction.
(g)
Requests for copies of the Tribal Council minutes shall be made on the form prescribed by the Tribal
Council and available at the Tribal Administration Building.
§ 310. Polling Procedures. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17,
1997.]
The Tribal Council may pass a resolution by a poll taken after the Tribal Council regular, special, or
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LEGISLATIVE BRANCH
§ 311
emergency session provided the following procedures are followed:
(a)
The resolution specifically identifies the Tribal Council session at which the Tribal Council acted in
its legislative deliberative capacity or its executive administrative capacity;
(b)
The polled resolution text is posted in a public place for Tribal membership review; and
(c)
The poll is called by the Tribal Chair and is conducted by the Tribal Council Secretary or the specific
delegate of the Tribal Council Secretary.
(d)
Pursuant to Article III, Section 5(c), of the Tribal Constitution, the Tribal Chair may waive above
subsections (A) and (B) and call the poll of a resolution on federal, state, and/or local funding sources
where it is necessary for the preservation or protection of the health, welfare, peace, safety, or
property of the Tribe.
§ 311. Establishment of Committees. [History: Tribal Act #97-15.471, enacted by Tribal Council on
June 17, 1997. As amended by Tribal Act #98-16.655, enacted by poll of Tribal Council on October
30, 1998.]
(a)
Pursuant to the authority of Article III, Section 3(a)(4), of the Tribal Constitution, the Tribal Council
hereby establishes a committee structure to implement the deliberative governance process.
(b)
Committees shall only exercise authority consistent with the Tribal Constitution and the rules and
procedures established herein.
(c)
The following committees are hereby created:
(1)
Constitutional Committees. All constitutional committees shall consist of all Tribal Councilors,
or their designees, with the respective Committee Chair voting only to break a tie vote.
(A) Executive Committee. Pursuant to Article III, Section 3, of the Tribal Constitution, the
Executive Committee shall consist of the Chair, Vice Chair, Treasurer and Secretary. The
Executive Committee shall have and may exercise all those powers identified in Article
III, Section 3, of the Tribal Constitution and any additional executive power specifically
delegated to the Executive Committee by a Tribal constitutional resolution ratified by the
full Tribal Council.
(B) Treaty Rights, Natural Resource and Environmental Committee. The GTB Tribal
Constitution provides the following:
"PREAMBLE: We, the members of the Grand Traverse Band of Ottawa and Chippewa
Indians of Michigan, in order to organize for our common good, to govern ourselves
under our own laws, to maintain and foster our tribal culture, to protect our homeland,
to conserve and develop our natural resources, and to insure our rights guaranteed by
treaty with the federal government, do establish and adopt, as an incident of our sovereign
powers, this Constitution for the government, protection, and common welfare of the
Grand Traverse Band under the authority of the Indian Reorganization Act of June 18,
1934, (48 Stat. 984), as amended.
ARTICLE X, Section 2: Treaty Rights and the Development of Tribal Resources.
Members of the Grand Traverse Band shall have the right to fish, hunt, trap, and gather
food from plants, subject to reasonable restrictions established by the Tribal Council
for protection of the resources; provided that this Section does not include the right to
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§ 312
commercially develop tribal resources, such right being reserved to the Band; provided
further that the Band may license members to commercially develop the resources of the
Grand Traverse Band.
ARTICLE XI, Section 2: "Land Use and Natural Resources Conservation Plans Required.
The Tribal Council shall by ordinance establish a comprehensive land use and natural
resources conservation plan for lands and natural resources subject to tribal jurisdiction.
The Treaty Rights, Natural Resource and Environmental Committee shall develop a
natural resource plan consistent with the Preamble; Article X, Section 2; and Article XI,
Section 2 of the Tribal Constitution. This committee shall monitor Tribal treaty rights
related to hunting, fishing, and gathering."
(2)
Standing and Special Committees. The Tribal Council may, by resolution passed by a majority
of the whole, designate one or more standing or special committees, each such committee to
consist of one or more of the Tribal Councilors and a designated number of Tribal members as
appropriate. Each such committee shall have and may exercise such of the powers of the Tribal
Council in the management of the business and affairs of the Tribe as may be provided in such
resolution, except as delegated by this ordinance or by the Tribal Council to another standing or
special committee or as may be prohibited by law.
(3)
Appointment, Duration and Removal. In the absence of any specific language contained in the
resolution creating the special or standing committee, the appointment, duration and removal of
committee members shall be governed by the GTB Committee Procedures Act, and bylaws of
the committee, providing that the committee bylaws cannot preempt the GTB Committee
Procedures Act or the resolution creating the committee.
§ 312. Procedure for Committee Operation. [History: Tribal Act #97-15.471, enacted by Tribal
Council on June 17, 1997.]
(a)
(b)
A majority of a committee shall constitute a quorum for the transaction of any committee business.
(1)
Such committee or committees shall have such name or names and such limitations of authority
as provided by this ordinance or as may be determined from time to time by resolution adopted
by the Tribal Council.
(2)
The Tribe shall pay all expenses of committee operations.
(3)
The Tribal Council may designate one or more appropriate Tribal Councilor as alternate
member of any committee, who may replace any absent or disqualified member at any meeting
of such committee.
(4)
In the absence of disqualification of any members of such committee or committees, the
member or members thereof present at any meeting and not disqualified from voting, whether
or not he or they constitute a quorum, may unanimously appoint another appropriate member of
the Tribal Council to act at the meeting in the place of any absent or disqualified member.
Minutes. Each Tribal Council committee shall keep regular minutes of its proceedings and report
same to the Tribal Council when required. The Tribal Secretary shall:
(1)
Be the official keeper of the special or standing committee records of the Tribal Council,
(2)
Keep regular minutes of standing or special committee proceedings,
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(c)
LEGISLATIVE BRANCH
§ 314
(3)
Make available to the Tribal Council, as required, copies of all resolutions adopted or minutes
or reports of other actions recommended or taken by any such standing or special committee,
and
(4)
Otherwise as requested keep the members of the Tribal Council apprised of the actions taken by
such standing or special committees. The Tribal Secretary may delegate the actual performance
of minute-taking to a specific individual within the committee.
Compensation.
(1)
Tribal Councilors may receive reasonable compensation for their services and expenses of
attendance at each regular or special meeting of the committee consistent with the compensation
structure and past practices of the Tribal Council; provided, however, that nothing herein
contained shall be construed to preclude any Tribal Councilor from serving the Tribe in any
other capacity and receiving additional compensation therefor.
(2)
Members of special or standing committees may be allowed like compensation for attending
committee meetings.
(3)
The Tribal Council shall set the compensation standards for special and standing committees.
(4)
In the event the committee contains no GTB staff employees, then the committee may request
secretarial support from the Tribal Council.
§ 313. Stipends. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997.]
(a)
A stipend shall be paid to each Tribal Council member who is in attendance at a Tribal Council
meeting pursuant to this ordinance.
(b)
A Tribal Councilor has the option to decline payment.
(c)
Stipends shall not be paid to any Tribal Councilor who is paid a salary directly by a Tribal enterprise.
Comment: This practice [outlined in this subsection 313(c)] was initiated prior to the adoption and
approval of the 1988 Constitution. It is the opinion of the Tribe's Legal Department that this practice is
consistent with past practices of prior Tribal Councils and constitutionally valid.
§ 314. Severability. [History: Tribal Act #97-15.471, enacted by Tribal Council on June 17, 1997.]
In the event that any section or provision of this ordinance, or amendments to this ordinance, is held invalid
either by the Tribal Court or subsequent development of Tribal Constitutional standards and practices of
the Tribal Council, it is the intent of the Tribal Council that the remaining sections or provisions of this
ordinance, and amendments made to this ordinance, shall continue in full force and effect.
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§ 401
LEGISLATIVE BRANCH
§ 402
CHAPTER 4
Tribal Councilors Salary Ordinance
§ 401. Statement of Purpose. [History: Tribal Councilors Salary Ordinance, adopted by Tribal
Council on March 25, 1998.]
The purpose of this ordinance is to establish salaries, allowances, and benefits for the Tribal Council
consistent with Article XII of the Tribal Constitution and to establish delegated legislative procedures
for determining the salary rate and benefits of Tribal Council positions. BE IT ENACTED by the Grand
Traverse Band of Ottawa and Chippewa Indians, pursuant to the referendum provisions of Article IX,
Section 2, of the Tribal Constitution, the following ordinance.
§ 402. Findings and Declaration of Policy. [History: Tribal Councilors Salary Ordinance, adopted
by Tribal Council on March 25, 1998.]
(a)
The Tribal Council finds and declares that:
(1)
The executive implementation function and legislative policy function of the Tribal Council
require the full-time focus and attention of Tribal Councilors. Salary-based Tribal Council
positions would enable the Tribal Councilors to meet their elected fiduciary and representative
responsibilities to address the vast and complex regulatory governmental environment,
proprietary business management, development decisions, and resource protection duties
undertaken on behalf of the Tribe.
(2)
Article IV of the Tribal Constitution provides the Tribal Council with expressed power to
function as the executive and legislative bodies of the Tribe.
(3)
Article IV, Section 3, of the Tribal Constitution provides a reservation of all Tribal power not
expressly stated in the Tribal Constitution.
(4)
Article IV, Section 1, of the Tribal Constitution contains an expressed limitation on the powers
of the Tribal Council when acting in its executive and legislative capacity not to exercise power
"inconsistent with any provisions(s) of this Constitution."
(5)
Article XII, Section 1, of the Tribal Constitution is a limitation on the expressed and implied
power of the Tribal Council by providing the following limitation:
In carrying out the duties of Tribal office, no Tribal official, elected or appointed, shall make or
participate in making decisions which involve balancing a personal financial interest, other than
interests held in common by all Tribal members, against the best interests of the Band.
(6)
It is the purpose of this Ordinance to provide for salary, allowances, and benefits based Tribal
Council positions consistent with the Tribal Council power, Article IV, and limitations of
power, Article XII, expressed in the Tribal Constitution by referendum, Article IX, of the Tribal
membership.
(7)
It is the further purpose of this Ordinance to establish delegated legislative procedures by the
establishment of a Compensation Committee to address the questions of compensation,
allowances, and benefits for Tribal Council positions.
(8)
Delegation of legislative authority is only to Tribal members who are original parties to the
constitutional contract created by the Tribal Constitution.
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(9)
LEGISLATIVE BRANCH
§ 404
The Tribal Council Election scheduled for May 21, 1998, has four Tribal Councilor positions
open. Consistent with the limitations of Article XII of the Tribal Constitution, any Tribal
Councilor whose term extends beyond May of 1998 shall not vote in the affirmative or negative
on this Ordinance. The effective date of the provisions of this Ordinance shall be post election
of May 21, 1998.
§ 403. Definitions. [History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on
March 25, 1998.]
(a)
"Allowances". A share or portion allotted or granted as a reimbursement for ordinary and
extraordinary (travel) expenses such as airfare, mileage, and per diem, while ministering the duties as
Tribal Councilor; salary will include cost-of-living allowance.
(b)
"Benefits". A payment or service provided for under an annuity, pension plan, or insurance policy,
including health, vacation, sick time, personal time, etc. as provided for under the GTB Personnel
Policies.
(c)
"Compensation Committee". Consists of seven registered voters of the Tribe whereby the Tribal
Council delegates legislative and executive authority to make a review and final determination on the
salaries of Tribal Councilors.
(d)
"Salary". Fixed compensation paid regularly for services rendered as determined by the
Compensation Committee's wage grid structure.
§ 404. Delegation of Legislative Authority and Function. [History: Tribal Councilors Salary
Ordinance, adopted by Tribal Council on March 25, 1998.]
(a)
The Tribal Council hereby delegates its legislative authority to the Compensation Committee to
address the policy question of determining the amount of the salary, allowances, and benefits for
Tribal Council positions, consistent with the powers of the Tribal Council and in recognition of the
limitation of those powers under the conflict of interest provision of the Tribal Constitution.
(b)
The Tribal Council hereby delegates its legislative authority to the Compensation Committee to make
a review and final determination on the salaries of Tribal Councilors based on the following factors:
(1)
A review of the past, present, and prospective workloads of the Tribal Council;
(2)
A review and comparison of relevant governmental and industry standards; and
(3)
Relevant Tribal factors, consistent with the custom and traditions of the Tribe, identified by the
Compensation Committee.
(c)
The Compensation Committee shall make and implement reasonable standards governing the "return
to work" rights of elected Tribal Councilors who were formerly employed with a Tribal entity. Such
standards shall apply to the Tribal Council elected on May 21, 1998, and all subsequent Tribal
Councils.
(d)
The Compensation Committee shall be composed of seven registered voters of the Tribe.
(1)
Two shall be selected by the Tribal Chair and have a term of office for four years. Three shall
be selected by the Tribal Council by majority vote and have a term of office for two years. The
other two committee members shall be selected by majority vote of the five selected members
and have a term of office for three years.
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§ 404
(2)
GRAND TRAVERSE BAND CODE
§ 407
Vacancies shall be selected in the same manner as the position which was vacated by term of
office, resignation, or death.
(e)
The Compensation Committee shall have the power to request reports and recommendations from
any Tribal entity.
(f)
The decisions of the Compensation Committee shall not be subject to review or modification by the
executive function or legislative function of the Tribal Council.
(g)
The Compensation Committee shall have the power to develop internal procedures not inconsistent
with this Ordinance, including determining the process by which Tribal members may have input
regarding the decisions of the Compensation Committee.
§ 405. Work Product of Compensation Committee. [History: Tribal Councilors Salary Ordinance,
adopted by Tribal Council on March 25, 1998.]
(a)
The Compensation Committee shall issue a set of standards in terms of a wage grid system that
establishes the salary level, allowances, and benefits for Tribal Council positions.
(b)
The standards shall be issued in not less than 30 days after the Compensation Committee's first
meeting.
(c)
The compensation standards shall take effect upon the issuance of standards by the Compensation
Committee.
(d)
The salary level shall be consistent with the wage grid structure and shall not be amended more than
10% on an annual basis.
§ 406. Compensation Committee Term. [History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
The Compensation Committee shall have an indefinite life and convene on an annual basis to review
the compensation standards of the Tribal Councilors, excluding the Chair's salary which shall be set
by the Tribal Council.
(b)
The Compensation Committee may make changes in the wage grid structure or allowances or benefits
of the Tribal Council on an annual basis.
§ 407. Implementation. [History: Tribal Councilors Salary Ordinance, adopted by Tribal Council
on March 25, 1998.]
The Compensation Committee shall be appointed by the Tribal Council elected in May of 1998. Thereafter,
the Compensation Committee shall immediately implement the provisions of this Ordinance.
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§ 407
LEGISLATIVE BRANCH
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GRAND TRAVERSE BAND CODE
Title 2
TRIBAL ADMINISTRATION
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§ 101
TRIBAL ADMINISTRATION
§ 101
CHAPTER 1
Due Process Procedures
Legislative Background: The following statement of due process was adopted by the Tribal Council
with the following explanation/preamble:
The procedures outlined here will allow for an orderly process that will assure all Tribal members of
fair and equitable treatment in Tribal Government services.
It must be noted that all grants and contracts have regulations that are imposed by the funding
agency. These regulations must be followed in regard to all expenditures of the grant or contract. Most
Tribal Programs have assurances for due process contained within these regulations. The due process
contained in these regulations will apply in addition to the following process.
§ 101. Due Process Procedures. [History: Tribal Act #88-654, enacted by Tribal Council on
November 19, 1988, and amended by Tribal Act #11-29.2323, enacted by Tribal Council in Special
Session on November 30, 2012.]
If a Tribal member or parents/legal guardian of a Tribal member feels that he or she has been treated
unfairly in his or her application for services or in dealings with the governmental services, the following
procedures may be followed:
(a)
Fill out the Due Process Complaint Form, stating problem as clearly and concisely as possible, sign,
date and include your Tribal Identification Number.
(b)
Deliver form to the Tribal Governmental Center either by mail or in person; attention: Tribal
Manager.
(c)
Within two to five business days of the Tribal Manager receiving the completed due process, a letter
acknowledging the receipt of the due process will be sent to the Tribal member and the due process
will be forwarded to the department with whom the due process has been filed against. In some
instances it may be necessary for the Tribal member to complete a release of information to allow the
parties involved to resolve the due process.
(d)
The department will have 10 business days to respond to the Tribal Manager's office regarding the
due process.
(e)
The department response, with a cover letter from the Tribal Manager will be sent to the Tribal
member within two business days of receiving the department response.
(f)
If a Tribal member is not satisfied with the department response, he or she must contact the Tribal
Manager's office within 10 business days from the date of the response letter. If no response is
received by the Tribal Manager's office within 10 business days, the Tribal Manager will consider the
due process matter closed and a letter to that effect will be sent to the Tribal member.
(g)
If the Tribal member is not satisfied with the department response, upon notification of the
dissatisfaction, the Tribal Manager's office will set up a date to meet with the Tribal member to review
the response, upon the earliest convenience of the Tribal member. If the due process matter is not
resolved at the meeting with the Tribal member and the Tribal Manager, the Tribal Manager will set
up a meeting between the Tribal member and the Tribal Council at the next regular or special session.
(h)
The Tribal Council will issue a finding on the issue and notify the Tribal member or parent/legal
guardian of the Tribal member of their findings. The decision of the Tribal Council will be final
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§ 101
GRAND TRAVERSE BAND CODE
§ 101
unless otherwise provided for by regulation. Appeals may be made through the Tribal Court system
and/or through the appeals process regulated within the Grant or Contract regulations involved in the
dispute.
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§ 201
TRIBAL ADMINISTRATION
§ 206
CHAPTER 2
GTB Bidding Code
§ 201. Short Title. [History: Bidding Code approved by motion of Tribal Council, March 22, 1994.
Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997; and by Tribal Act
#07-25.1773, enacted by Tribal Council on February 28, 2007.]
This ordinance shall be known as the GTB Bidding Code. The GTB Bidding Code's purpose is to provide
a fair and equitable procedure for obtaining competitive bids pursuant to requests for bids or other bid
solicitation procedures.
§ 202. Application of Code. [History: Bidding Code approved by motion of Tribal Council, March
22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997; and by
Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
This Code shall apply to the expenditure of Tribal funds for 1) the purchase of vehicles, software or
equipment when the unit value is over $5,000 and 2) the purchase of personal or professional services when
the contract is over $10,000. When a contract involves the expenditure of federal, state or private funds,
the bid shall be conducted in accordance with applicable federal, state or private grantor agency law and
regulation.
§ 203. Definition: Invitation for Bids. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
"Invitation for bids" means all documents, including those attached or incorporated by reference, utilized
for soliciting sealed bids.
§ 204. Definition: Responsible Bidder. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
"Responsible bidder" means a bidder who submits a responsive bid and who has furnished, when required,
information and data to prove that his financial resources, production or service facilities, personnel,
service reputation and experience are adequate to make satisfactory delivery of the services, construction
or items of tangible personal property described in the invitation for bids.
§ 205. Definition: Responsive Bid [History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997;
and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
"Responsive bid" means a bid which conforms in all material respects to the requirements set forth in
the invitation for bids. Material respects of a bid include but are not limited to price, quality, quantity or
delivery requirements.
§ 206. Definition: Tribal Preference. [History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997;
and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
"Tribal preference" means, in order of preference, 1) any business that is at least 51% owned by an
individual who is a member of the Grand Traverse Band of Ottawa and Chippewa Indians ("GTB member
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§ 206
GRAND TRAVERSE BAND CODE
§ 210
business") and 2) any business that is at least 51% owned by an individual who is a member of a federally
recognized tribe ("Indian owned business").
§ 207. Competitive Sealed Bids: Invitation for Bids. [History: Bidding Code approved by motion of
Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on
April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
(a)
An invitation for bids shall be issued and shall include the specifications for the services, construction
or items of tangible personal property to be procured, all contractual terms and conditions applicable
to the procurement including minimum/maximum time limits for bid submission, the location where
bids are to be received and the date, time and place of the bid opening. The invitation for bids shall
state that Tribal preference will apply and that proof of tribal membership is required.
(b)
The invitation for bids or a notice thereof shall be published in the Tribal newsletter, (if time permits)
and a local newspaper. The invitation for bids or a notice thereof shall also be posted at a public place
in the GTB Administration Office and the GTB/EDC Office not less than 10 calendar days prior to
the date set forth for the opening of bids.
§ 208. (Reserved) [History: Bidding Code approved by motion of Tribal Council, March 22, 1994.
Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997; and by Tribal Act
#07-25.1773, enacted by Tribal Council on February 28, 2007.]
§ 209. Competitive Sealed Bids: Receipt and Acceptance of Bids. [History: Bidding Code approved
by motion of Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal
Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February
28, 2007.]
Bids shall be unconditionally accepted for consideration for award without alteration or correction, except
as authorized in the Bidding Code. Bids shall be evaluated based on the requirements set forth in the
invitation for bids, which requirements may include criteria to determine acceptability such as inspection,
testing quality, workmanship, delivery and suitability for a particular purpose. Those criteria such as
discounts, transportation costs and total or lifecycle costs that will affect the bid price shall be objectively
measurable. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used
in bid evaluation that are not set forth in the invitation for bids. If the lowest responsible bid has otherwise
qualified, and if there is no change in the original terms and conditions, the lowest bidder may negotiate
with the purchaser for a lower total bid in order to avoid rejection of all bids for the reason that the lowest
bid was up to 10% higher than budgeted project funds. Such negotiation shall not be allowed if the lowest
bid was more than 10% over budgeted project funds.
§ 210. Competitive Sealed Bids: Correction or Withdrawal of Bids. [History: Bidding Code
approved by motion of Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted
by Tribal Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on
February 28, 2007.]
(a)
A bid containing a mistake discovered before bid opening may be modified or withdrawn by a bidder
prior to the time set for bid opening by delivering written, electronic, or fax notice to the location
designated in the invitation for bids as the place where bids are to be received. After bid opening, no
modifications in bid prices or other provisions of bids shall be permitted. A low bidder alleging a
material mistake of fact which makes his bid nonresponsive may be permitted to withdraw its bid if:
(1)
The mistake is clearly evident on the face of the bid document; or
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§ 210
(2)
(b)
TRIBAL ADMINISTRATION
§ 213
The bidder submits evidence which clearly and convincingly demonstrates that a mistake was
made.
Any decision by the Purchasing Manager or his/her authorized representative to permit or deny the
withdrawal of a bid on the basis of a mistake contained therein shall be supported by a determination
setting forth the grounds for the decision.
§ 211. Competitive Sealed Bids: Tribal Preference. [History: Bidding Code approved by motion of
Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on
April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
Tribal Preference shall be provided first to responsible GTB member businesses and second to other
responsible Indian owned businesses. Their quotation or bid shall be considered the lowest responsible
bidder if their quotation or bid is no more than the appropriate percentage over the quotation or bid of the
lowest responsible bidder in accordance with Chart A – “GTB BID CRITERIA.” The amount of the Tribal
preference shall not exceed the dollar values listed for each level of bids.
Chart A - GTB Bid Criteria
When the lowest responsive bid is ...
Less than $100,000
10% of that bid up to $9,000
At least $100,000 but less than $200,000
9% of that bid up to $16,000
At least $200,000 but less than $300,000
8% of that bid up to $21,000
At least $300,000 but less than $400,000
7% of that bid up to $24,000
At least $400,000 but less than $500,000
6% of that bid up to $25,000
At least $500,000 but less than $1,000,000
5% of that bid up to $40,000
At least $1,000,000 but less than $2,000,000
4% of that bid up to $60,000
At least $2,000,000 but less than $4,000,000
3% of that bid up to $80,000
At least $4,000,000 but less than $7,000,000
2% of that bid up to $105,000
$7,000,000 or more
1.5% of the lowest responsive bid, with no dollar
limit
§ 212. Competitive Sealed Bids: Bid Opening. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
Bids shall be opened publicly by the GTB Purchasing Department in the presence of one or more witnesses
at the time and place designated in the invitation of bids. The amount of each bid and each bid item shall
be recorded, and the record and each bid shall be open to public inspection.
§ 213. Competitive Sealed Bids: Award. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
A contract solicited by competitive sealed bids shall be awarded with reasonable promptness by written
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§ 213
GRAND TRAVERSE BAND CODE
§ 217
notice to the lowest responsible bidder.
§ 214. Competitive Sealed Bids: Identical Bids. [History: Bidding Code approved by motion of
Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on
April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
When competitive sealed bids are used and two or more of the bids submitted are identical in price and are
the low bid, the Purchasing Manager may:
(a)
Award by lottery to one of the identical low bidders if there were no GTB member businesses or
Indian owned businesses. If one of the identical low bidders is a GTB member business or Indian
owned business, the bid shall be awarded to (in order of preference) 1) the GTB member business or
2) the Indian owned business. If more than one GTB member business is the identical low bidder than
a lottery shall be held only between the GTB member businesses; or
(b)
Reject all bids and resolicit bids or proposals for the required services, construction or items of
tangible personal property.
§ 215. Small Purchases. [History: Bidding Code approved by motion of Tribal Council, March 22,
1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997; and by Tribal
Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
Small purchase procedures are those relatively simple and informational procurement methods for securing
services, supplies, or other property that do not have a unit cost of more than $5,000. If the small purchases
procedure is used, the Tribal purchasing agent or purchasing division shall procure services, construction
or items of tangible personal property having a value not exceeding $5,000 by obtaining price or rate
quotations from an adequate number of qualified sources. Documentation of efforts to obtain price or rate
quotations from vendors shall be kept on file in the Purchasing Department.
§ 216. Sole Source Bid. [History: Bidding Code approved by motion of Tribal Council, March 22,
1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997; and by Tribal
Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
A contract may be awarded without competitive sealed bids regardless of the estimated cost when the
Tribal purchasing agent makes a determination, after conducting a good-faith review of available sources
and consulting the using Tribal division or business division, that there is only one source for the
required service, construction or item of tangible personal property. The Tribal purchasing agent shall
conduct negotiations, as appropriate, as to price, delivery and quantity in order to obtain the price most
advantageous to the Tribal division or Tribally-chartered entity.
§ 217. Emergency Procurements. [History: Bidding Code approved by motion of Tribal Council,
March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22, 1997;
and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
(a)
The Tribal purchasing agent or an authorized representative may make or authorize others to make
emergency procurements when there exists a threat to public health, welfare, safety or property
requiring procurement under emergency conditions; provided that emergency procurements shall be
made with competition as is practicable under the circumstances. A written determination of the basis
for the emergency procurement and for the. selection of the particular contractor shall be included in
the purchasing department files.
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(b)
TRIBAL ADMINISTRATION
§ 220
An emergency condition is a situation which creates a threat to public health, welfare or safety such
as may arise by reason of floods, epidemics, riots, equipment failures or similar events. The existence
of the emergency condition creates an immediate and serious need for services, construction, or items
of tangible personal property that cannot be met through normal procurement methods and the lack
of which would seriously threaten:
(1)
The functioning of government;
(2)
The preservation or protection of property; or
(3)
The health or safety of any person.
§ 218. Rejection or Cancellation of Bids or Requests for Proposals; Negotiations. [History: Bidding
Code approved by motion of Tribal Council, March 22, 1994. Amended by Tribal Act #97-15.453,
enacted by Tribal Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted by Tribal
Council on February 28, 2007.]
An invitation for bids or any other solicitation may be canceled or any or all bids or proposals may be
rejected in whole or in part when it is in the best interest of the Tribal division or Tribally chartered entity.
A determination containing the reasons for cancellation shall be made part of the bid file. If no bids are
received or if all bids received are rejected and if the invitation for bid was for any tangible personal
property, construction or service, then new invitations for bids shall be requested. If upon rebidding the
tangible personal property, construction or services, the bids received are unacceptable, or if no bids are
secured, the purchasing office may purchase the tangible personal property, construction or services in the
open market at the best obtainable price.
§ 219. Irregularities in Bids or Proposals. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
The Tribal purchasing agent may waive technical irregularities in the form of the bid or proposal of the low
bidder or offeror which do not alter the price, quality or quantity of the services, construction or items of
tangible personal property bid or offered.
§ 220. Responsibility of Bidders and Offerors. [History: Bidding Code approved by motion of Tribal
Council, March 22, 1994. Amended by Tribal Act #97-15.453, enacted by Tribal Council on April 22,
1997; and by Tribal Act #07-25.1773, enacted by Tribal Council on February 28, 2007.]
If a bidder or offeror who otherwise would have been awarded a contract is found not to be a responsible
bidder or offeror, a determination that the bidder or offeror is not a responsible bidder or offeror,
setting forth the basis of the finding, shall be prepared by the Tribal purchasing agent who makes such
a determination. The unreasonable failure of a bidder or offeror to promptly supply information, in
connection with an inquiry with respect to responsibility, is grounds for a determination that the bidder or
offeror is not a responsible bidder or offeror.
Chart B
(Reserved)
Bidding Code approved by motion of Tribal Council, March 22, 1994. Amended by Tribal Act
#97-15.453, enacted by Tribal Council on April 22, 1997; and by Tribal Act #07-25.1773, enacted by
Tribal Council on February 28, 2007.]
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§ 301
TRIBAL ADMINISTRATION
§ 301
CHAPTER 3
Tribal Constable
§ 301. Establishment of Tribal Constable Position. [History: Tribal Act #85-362, enacted by Tribal
Council on December 18, 1995.]
(a)
By this resolution and the description of duties herein incorporated by reference, this Tribe does
establish the position titled Tribal Constable.
(b)
The Constable is delegated responsibility and authority to enforce all Tribal laws, and applicable
federal/state law on established Reservation lands.
(c)
This position in Tribal government shall be one filled by appointment by the Tribal Council and an
appropriate swearing into office and oath shall be developed for the process.
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§ 401
TRIBAL ADMINISTRATION
§ 405
CHAPTER 4
Tribal Records Ordinance
[History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5, 2005.]
The official records of the Tribal Government are public records subject to disclosure upon the petition of
a member/citizen of the Tribe. Official records shall include those to which access is not restricted or held
privileged under any federal or state laws or regulations, specific tribal ordinances or policies or Generally
Accepted Accounting Principles or Generally Accepted Auditing Principles.1
§ 401. (Requested Information) [History: Tribal Act #05-23.1545, enacted by Tribal Council on May
5, 2005.]
All petitions for information shall be in writing and directed to the Tribal Department Manager that is
the custodian of the information. The requested information must be described with specificity by listing
the actual or approximate date of the document or documents and the type of document requested e.g.,
resolutions, motions, letter determination, minutes, or similar documents generated in the course of tribal
public business.
§ 402. (Determination of Non-disclosure). [History: Tribal Act #05-23.1545, enacted by Tribal
Council on May 5, 2005.]
The Tribal Department Manager shall determine, in consultation with the Tribal Manager and the GTB
Legal Department, whether the requested information is privileged or confidential information subject to
federal tribal, or state law non-disclosure rules. If the Department Manager and the GTB Legal Department
determine that the information is subject to non-disclosure, then the Department Manager shall notify the
petitioner that the information is subject to rules of non-disclosure. The Department Manager shall list with
specificity the federal, tribal or state law that governs the non-disclosure in the denial of the release of
information to the petitioner.
§ 403. (Information Subject to Disclosure). [History: Tribal Act #05-23.1545, enacted by Tribal
Council on May 5, 2005.]
If the petition for information is subject to disclosure, then the custodian of records shall respond to the
petition within 10 business days. If the record is a public governance document, then there shall be no
charge for the requested information. If the record is not a public governance document, then the petitioner
shall be charged a reasonable amount, reflecting the time and copy charges for the requested information,
for access to the information.
§ 404. (Access to Records Room or Document Depository). [History: Tribal Act #05-23.1545,
enacted by Tribal Council on May 5, 2005.]
If the petitioner is requesting access to the records room or document repository to generally review the
records, then the Tribal Department Manager shall generate a sign-in and sign-out sheet to ensure that the
integrity and security of the records are maintained in accord with the substantive governing federal, state,
or tribal law. The Tribal Department Manager shall make a segregation of the records to ensure that matters
governed by federal, state, or tribal confidentiality laws are followed. The Tribal Department Manager
shall provide the petitioner a list of all segregated records and the legal rationale for the segregation.
1.
Editor's Note: Section titles, in parentheses, have been supplied editorially in this chapter.
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§ 405
GRAND TRAVERSE BAND CODE
§ 406
§ 405. (Notification of Subject Person or Program). [History: Tribal Act #05-23.1545, enacted by
Tribal Council on May 5, 2005.]
The person or tribal program subject to the release of information shall be notified that a citizen/member
of the Tribe by name (petitioner) has requested the release of information in the control of the Tribe
concerning the person or tribal program. Information released to the petitioner shall also be provided to the
person or tribal program that is the subject of the release of information. The person or tribal program shall
be granted an opportunity to object to the release of information. The objection must be framed in terms of
federal, tribal, or state law and must state with factual specificity the grounds for the objection.
§ 406. (Right to Redact). [History: Tribal Act #05-23.1545, enacted by Tribal Council on May 5,
2005.]
The Grand Traverse Band reserves the right to redact information that may tend to compromise the safety,
security and peace of Grand Traverse Band communities or individual members of the Band prior to
disclosure to any member/citizen of the Tribe.
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§ 501
TRIBAL ADMINISTRATION
§ 502
CHAPTER 5
Grand Traverse Band Open Access to Meetings Act
§ 501. Purpose; Authority; Findings. [History: Enacted by Tribal Council motion on September 30,
2015; and amended by Tribal Council motion on May 25, 2016.]
(a)
This Act is established by the following authority:
(1)
Article IV, Section 1(c) of the Constitution, granting to the Tribal Council the power to make
laws, including codes, ordinances, resolutions and statutes.
(2)
Article III, Section 5(d)(1) of the Constitution, providing that meetings of the Tribal Council
and, by implication, agencies, committees and commissions created under the authority of
Article IV, Section 1(c) and (m), "shall be open to tribal members and tribal members shall have
a reasonable opportunity to be heard under such rules and regulations as the Council may
prescribe" through additional legislation consistent with its authority under Article IV, Section
1, wherein the Executive and Legislative functions are combined in the Tribal Council.
(b)
The purpose of this Act is to ensure that the Tribe's governmental business is conducted in an open
and public manner subject to review by Tribal citizens and designated employees or agents of the
Tribe. This Act will ensure that the citizens of the Grand Traverse Band remain informed on the
affairs of the Band, their elected government officials and the governmental systems created by the
people of the Grand Traverse Band.
(c)
The Tribal Council finds that public accountability and transparency of all governmental action is of
paramount importance to legitimate governments, and that modern technology provides simple and
easy solutions to allow the Tribal citizens to maintain fully-informed and democratic participation.
§ 502. Definitions. [History: Enacted by Tribal Council motion on September 30, 2015; and
amended by Tribal Council motion on May 25, 2016.]
(a)
"Citizens" means all enrolled members of the Grand Traverse Band wherever located.
(b)
"Closed Session" means the portion of a Regular, Special or Emergency Meeting that is closed to the
public for the discussion of personnel or legal matters, or as may otherwise be permitted by federal
or Tribal law.
(c)
"Meeting" means the official convening of a quorum of members of a Public Tribal Body for the
purpose of conducting public tribal business and includes Regular, Special and Emergency Meetings.
(d)
"Public" means an enrolled member of the Grand Traverse Band and other persons as authorized by
the Tribal Council to attend public meetings.
(e)
"public body" means any official entity of the Tribe at which a quorum is required to conduct public
business and which performs a governmental function for the Band. Public Bodies shall include the
Legislature, including its committees established and organized pursuant to the Committee
Procedures Act, 1 GTBC § 209, and the following defined Public Bodies:
(1)
The Election Board, established pursuant to Article VII of the Constitution;
(2)
The Gaming Commission, established pursuant to 18 GTBC § 401 et seq.;
(3)
The Natural Resource and Environmental Committee, established to administer Article X,
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§ 502
GRAND TRAVERSE BAND CODE
§ 503
Section 2 and Article XI, Section 2 of the Constitution; and
(4)
Other boards, committees or subordinate organizations as the Tribal Council may from time to
time establish and delegate legislative or executive authority.
§ 503. Open Meetings; Audio and Visual Recordings. [History: Enacted by Tribal Council motion
on September 30, 2015; and amended by Tribal Council motion on May 25, 2016.]
(a)
Every meeting of a public body shall be noticed to the public according to the standards found in
Article VI, Section 5 of the Constitution.
(b)
Every meeting of a public body shall be take place in the Tribal Council meeting room in the
Administrative Building and shall be preserved on an audio and visual recording, which shall be
maintained and made available on the internet for access and review by citizens of Grand Traverse
Band by means of an internet secure protocol to be established by the Information Technology
Department of the Tribal Government and kept restricted to access by only by Tribal citizens.
(1)
Closed sessions shall not be subject to audio and visual recordings, but the business to be
discussed in closed sessions shall comply with Article IV, Section (d)(1) of the Constitution or
be subject to applicable federal privacy laws. The reason for entertaining a matter in closed
session shall be clearly stated on a meeting's agenda and on the record in open session (i.e., a
legal matter, a personnel matter, or the applicable federal privacy law).
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§ 601
TRIBAL ADMINISTRATION
§ 603
CHAPTER 6
Grand Traverse Band Emergency Meetings Act
§ 601. Purpose; Authority; Findings. [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.
§ 602. Emergency defined. [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.
§ 603. Meetings of the Tribal Council while in an Emergency. [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
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§ 603
GRAND TRAVERSE BAND CODE
§ 603
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.
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§ 603
TRIBAL ADMINISTRATION
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GRAND TRAVERSE BAND CODE
Title 3
JUSTICE
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Authority of Grand Traverse Band, MI
§ 101
JUSTICE
§ 104
CHAPTER 1
Office of Tribal Prosecutor
§ 101. Appointment and Compensation. [History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal Council on September
15, 1992; Tribal Act #03-21.1179 enacted by Tribal Council on January 15, 2003; by Tribal Council
motion on September 30, 2015; and by Tribal Council in Special Session on 3-17-2021.]
(a)
Appointment of the Tribal Prosecutor shall be by an affirmative vote of a majority of the Tribal
Council for a term of two (2) years.
(b)
The Tribal Council shall have the power to establish the level of compensation for the Tribal
Prosecutor.
§ 102. Qualification. [History: Tribal Act #91-976, enacted by Tribal Council on October 15, 1991.
As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15, 1992; and by
Tribal Council in Special Session on 3-17-2021.]
(a)
Any person shall be eligible to serve as Tribal Prosecutor only if he/she:
(1)
Is an attorney in good standing licensed to practice law in any state in the United States and/or
is a member of the Grand Traverse Band who has attained the age of eighteen (18);
(2)
Has not been convicted, within ten (10) years of such appointment, of any felony by a court of
competent jurisdiction; and
(3)
The Tribal Prosecutor shall attend training and seminars and accumulate continuing legal
education units equal to the requirements of the State Bar of Michigan for new lawyers, in order
to stay current on trends in criminal and civil matters pertaining to his or her function as
prosecutor.
§ 103. Prosecutor's Office Shall Function Within Justice Division. [History: Tribal Act #91-976,
enacted by Tribal Council on October 15, 1991. As amended by Tribal Act #92-10.66, enacted by
Tribal Council on September 15, 1992; and by Tribal Council in Special Session on 3-17-2021.]
(a)
The Prosecutor's office shall be a function of the Justice Division of Tribal government.
(1)
The Tribal Prosecutor shall be subject to the uniform and standard provisions of the GTB
Personnel Policy, so long as the provisions do not conflict with the prosecutorial discretion
decisions of the office.
§ 104. Duties of Tribal Prosecutor [History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15,
1992; and by Tribal Council in Special Session on 3-17-2021.]
(a)
The Tribal Prosecutor shall:
(1)
Be the chief law enforcement officer of the Tribe and shall be responsible for all criminal
investigations and prosecutions in Tribal Court, including arraignments, motions, trials and
appeals.
(2)
Have the discretion to prosecute violations of the Tribe's constitution, criminal code, ordinances
and resolutions in Tribal Court.
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(3)
Work closely with the Tribal Court Administrator and Tribal Judge to improve the delivery of
services within the Tribal Court and to assist the Court in case management and docket
preparation.
(4)
Serve as presenting officer in the Tribe's Children's Court and represent the Tribe in Indian child
welfare cases in state jurisdictions upon the authorization of the ICW Committee or the Tribal
Court.
(5)
Prosecute violations of the Tribe's fishing and conservation regulations as well as the regulations
of the Chippewa-Ottawa Treaty Fishing Management Authority, in the Tribe's Conservation
Court.
(6)
Establish a working relationship with local, state and federal jurisdictions and establish a
protocol for coordinating criminal investigations and prosecutions with such local, state and
federal jurisdictions.
(7)
Review all charges and complaints of violations of Tribal codes and ordinances and determine
what charges to bring and whom to charge.
(8)
Review all requests for arrest warrants and search warrants to determine if all constitutional
requirements are satisfied prior to approval or authorization.
(9)
Serve, in his/her civil capacity, as in-house counsel for the various departments of Tribal
government and shall render legal opinions when requested to do so.
The Tribal Prosecutor may give advice to Tribal members and employees and shall provide pro-bono
services to Tribal elders or Tribal members who are having legal problems which may be related to
their status as Native Americans. These services may only be provided as time permits and may not
take priority over normal prosecutorial duties.
§ 105. Prosecutorial Subpoena Power. [History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15,
1992; and by Tribal Council in Special Session on 3-17-2021.]
(a)
The Tribal Prosecutor is hereby empowered to issue subpoenas for compelling or producing
documentation in criminal investigations and investigations into civil violations of the GTB
Constitution.
(b)
A person subpoenaed may be represented by counsel.
(c)
A person subpoenaed may invoke his/her constitutional privilege against self-incrimination.
(d)
The Tribal Prosecutor shall have the power, with Tribal Court approval, to grant immunity to any
witness. Once indemnified, in writing, a witness may not refuse to answer questions covered by the
immunity agreement.
(e)
A person who refuses to testify pursuant to a prosecutorial subpoena, after being granted immunity,
may be brought before the Tribal Court to show cause why he/she should not be held in contempt of
court.
§ 106. Conflict of Interest, Absence, Disability, Inability of Tribal Prosecutor to Act; Appointment
of Special Prosecutor. [History: Tribal Act #91-976, enacted by Tribal Council on October 15, 1991.
As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15, 1992; and by
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Tribal Council in Special Session on 3-17-2021.]
(a)
In case of conflict of interest, or the absence, disability or inability of the Tribal Prosecutor to act, the
Tribal Court upon motion of an interested party or on its own motion, may appoint an attorney to
serve as Special Prosecutor.
(b)
The Special Prosecutor shall have all of the authority of the Tribal Prosecutor for that occasion.
§ 107. Tribal Prosecutor Not to Act in Civil Matter. [History: Tribal Act #91-976, enacted by Tribal
Council on October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal Council on
September 15, 1992; and by Tribal Council in Special Session on 3-17-2021.]
In case the Tribal Council shall employ an attorney to represent the Tribe in a civil matter, the Tribal
Prosecutor shall not act with respect to such matter unless requested to do so by the Tribal Council.
§ 108. Removal of Tribal Prosecutor. [History: Tribal Act #91-976, enacted by Tribal Council on
October 15, 1991. As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15,
1992; and by Tribal Council in Special Session on 3-17-2021.]
(a)
The Tribal Council may, by an affirmative vote of a majority of its members, refer the Tribal
Prosecutor to the Tribal Judiciary for removal from office for any of the following reasons:
(1)
Official misconduct.
(2)
Willful neglect of duty.
(3)
Gross misconduct.
(4)
Conviction of a felony.
(5)
Disbarment by any state.
(6)
Mental or physical incapacity.
(7)
Unethical conduct as defined by the American Bar Association.
(b)
The Tribal Prosecutor shall be notified in person or by registered mail, at least ten (10) days before
any meeting at which the Tribal Prosecutor's removal is to be considered.
(c)
The notice of intent to refer for removal shall set forth, with specificity, the alleged grounds for
removal and inform the Tribal Prosecutor that he/she may appear to defend against such referral.
(d)
If the Tribal Council votes to refer the Tribal Prosecutor to the Tribal Judiciary for removal, the
grounds shall be set forth with specificity, and the Tribal Prosecutor shall be suspended with pay until
the Tribal Judiciary rules on the referral.
(e)
Before the Tribal Judiciary rules on the Tribal Prosecutor's removal from office, it shall afford the
Tribal Prosecutor a hearing upon due notice at which time he/she may answer the charges.
(f)
If the Tribal Judiciary finds that grounds for removal as stated by the Tribal Council exist, the Tribal
Judiciary, by a majority vote of all members, shall remove the Tribal Prosecutor from office.
(g)
If the Tribal Judiciary finds that grounds for removal as stated by the Tribal Council do not exist, the
suspended Tribal Prosecutor shall be fully reinstated to office.
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§ 109. Incorporation. [History: Tribal Act #91-976, enacted by Tribal Council on October 15, 1991.
As amended by Tribal Act #92-10.66, enacted by Tribal Council on September 15, 1992; and by
Tribal Council in Special Session on 3-17-2021.]
This ordinance is for the establishment of a Tribal Prosecutor, hereby incorporated into the Tribe's Criminal
and Civil Codes, the Children's Code, the Law Enforcement's Manual of Operations and the Tribe's
Personnel Policy.
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CHAPTER 2
Separate Funding for Tribal Court
§ 201. Funding Allocated to Tribal Court as Branch of Government. [History: Tribal Act
#96-14.317, enacted by Tribal Council on February 20, 1996.]
Consistent with the Tribal Constitution and GTB Tribal Act #95-13.253, § 1, to the Department of Justice,
the Tribal Council specifically finds and directs that all Tribal Courts funding from Tribal resources of the
Grand Traverse Band be allocated to the Tribal Court as a branch of government.
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§ 303
CHAPTER 3
Personal Jurisdiction and Long-arm Jurisdiction Over Tribal Members
§ 301. Statement of Purpose. [History: Limited Personal Jurisdiction Act, adopted by Tribal
Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022.]
(a)
The purpose of this statute is to establish personal jurisdiction of the Tribal Court. Personal
jurisdiction refers to the power of a court to determine the rights and liabilities of a person or entity.
The exercise of personal jurisdiction must comport with the Due Process Clause in Article X, section
1(h) of the Grand Traverse Band Constitution.
(b)
This ordinance is enacted by the Tribal Council pursuant to its powers under Article IV, section 1,
subsections: (a) to promote and protect the health, education, and general welfare of the Band and its
members; (b) to safeguard and promote the peace and safety of the Band and its members; (c) to
make, enforce, and implement all laws; and (f) to provide for the maintenance of law and order and
administration of justice.
§ 302. Definitions. [History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May
13, 1998. As amended by Tribal Council in Special Session 10-26-2022.]
(a)
"Indian Country," as used in this chapter "means (a) all land within the limits of any Indian
reservation under the jurisdiction of the United States government, notwithstanding the issuance of
any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian
communities within the borders of the United States whether within the original or subsequently
acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian
allotments, the Indian titles to which have not been extinguished, including rights-of-way running
through the same." 18 U.S.C. § 1151.
Comment: Section 1151 is a criminal statute, but the Supreme Court has found that it "generally
applies as well to questions of civil jurisdiction." DeCoteau v. District County Court, 420 U.S. 425,
427 n.2 (1975).
(b)
“Person” means an individual, that person’s executor, administrator, or other personal representative,
or a corporation, partnership, association, or any other legal or commercial entity, whether or not a
citizen or domiciliary of the Grand Traverse Band of Ottawa and Chippewa Indians and whether or
not organized under the laws of the Grand Traverse Band.
(c)
“Transaction of business” means the doing of any act for the purpose of realizing pecuniary benefit
or accomplishing or attempting to accomplish, transact or enhance the business purpose or objective
or any part thereof of such person, firm, company, association or corporation.
§ 303. Jurisdictional Requirements to Exercise Judicial Power. [History: Limited Personal
Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in
Special Session 10-26-2022]
(a)
Generally. As a court of general jurisdiction, the Tribal Court's power extends over all cases arising
under the Constitution, ordinances, regulations, or judicial decisions of the Grand Traverse Band.
(b)
Subject Matter Jurisdiction. A court exercising the judicial power of the Grand Traverse Band may
entertain a civil action only when it has subject matter jurisdiction.
(c)
Personal Jurisdiction. A court of the Grand Traverse Band having subject matter jurisdiction may
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render a judgment only if: (1) a summons issued by the court is served upon the person or (2) service
of the summons is waived or dispensed. The voluntary appearance of the defendant is equivalent to
personal service on the defendant of a copy of the summons and complaint.
(d)
Jurisdiction in Rem or Quasi in Rem. The Tribal Court having jurisdiction of the subject matter may
exercise jurisdiction in rem or quasi in rem on the grounds stated in this section. Jurisdiction in rem
or quasi in rem may be involved:
(1)
When the subject of the action is real or personal property located on Grand Traverse Band
Indian trust lands and the defendant has or claims any lien or interest therein, or the relief
demanded consists wholly or partially in excluding the defendant from any interest or lien
therein. This subsection shall apply whether any such defendant is known or unknown.
(2)
When the action is to foreclose, redeem from or satisfy a leasehold deed of trust, mortgage or
lien upon real or personal property located on Grand Traverse Band trust lands.
(3)
When the action is for a divorce or annulment of marriage of an enrolled member or a spouse of
an enrolled member, either of whom is a resident of Grand Traverse Band trust lands at the date
of separation and both spouses resided on Grand Traverse Band trust lands prior to separation.
(4)
In any other action in which in rem or quasi in rem jurisdiction may be lawfully exercised under
Tribal law or federal law applicable to Federal Indian Tribes. Such jurisdiction shall not be
exercised over any subject matter which would be inconsistent with federal prohibition against
alienation (25 U.S.C. 177) or any other federal law restricting the use or conveyance of Indian
lands, property or legal rights.
§ 304. Grounds for Personal Jurisdiction. [History: Limited Personal Jurisdiction Act, adopted by
Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022]
(a)
The Tribal Court shall have personal jurisdiction over all persons, and all causes of action or claims
for relief, to the maximum extent consistent with the due process clause of Article X, section 1(h) of
the GTB Constitution.
(b)
General Personal Jurisdiction. A Tribal Court has jurisdiction in any action arising on or off the lands
of the Grand Traverse Band against a defendant who:
(c)
(1)
Is a natural person present on GTB lands when served;
(2)
Is a natural person domiciled or resident on GTB lands when the cause of action arose, the action
was commenced, or process was served;
(3)
Is a corporation organized under GTB law;
(4)
Is engaged in substantial and not isolated activities on GTB lands, whether such activities are
wholly interstate, intrastate or otherwise; or
(5)
Is a Grand Traverse Band Tribal member.
Specific Personal Jurisdiction. The Tribal Court has jurisdiction over a person served in conformance
to the GTB Rules of Civil Procedure for any action:
(1)
Arising out of the transaction of any business on GTB lands.
(2)
Brought under a law that specifically confers personal jurisdiction over the defendant.
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(3)
Claiming injury to person or property arose out of an act or omission on GTB lands by the
defendant, regardless of the location of the injury or its discovery.
(4)
Claiming injury to person or property on GTB lands arising out of an act or omission outside
GTB lands by the defendant, provided that at the time of the injury, either:
(A) Solicitation or service activities were engaged in on GTB lands by or on behalf of the
defendant; or
(B) Products, materials or things processed, serviced, manufactured, or distributed by the
defendant were used or consumed on GTB lands in the ordinary course of trade.
(5)
Arising out of:
(A) A promise made anywhere to the plaintiff or to a third party for the plaintiff's benefit by
the defendant to perform services or to pay for services to be performed on GTB lands by
the plaintiff; or
(B) Services performed for the plaintiff by the defendant on GTB lands, or services performed
for the defendant by the plaintiff on GTB lands if such performance on GTB lands was
authorized or ratified by the defendant; or
(C) A promise made anywhere to the plaintiff or to some third party for the plaintiff's benefit
by the defendant to deliver or receive on, or to ship from, GTB lands goods, materials, or
other things of value; or
(6)
Relating to goods, documents of title, or other things of value:
(A) Shipped from GTB lands by the plaintiff to the defendant on the defendant's order or
direction; or
(B) Received by the plaintiff on GTB lands from the defendant without regard to where
delivery to carrier occurred.
(7)
Arising out of:
(A) A promise made anywhere to the plaintiff or to some third party for the plaintiff's benefit
by the defendant to create in either party an interest in, or protect, acquire, dispose of, use,
rent, own, control or possess by either party real property situated on GTB lands; or
(B) A claim to recover any benefit derived by the defendant through the use, ownership,
control or possession by the defendant of tangible property situated on GTB lands either
at the time of the first use, ownership, control or possession or at the time the action is
commenced; or
(C) A claim that the defendant returns, restores, or accounts to the plaintiff for any asset or
thing of value, which was on GTB lands at the time the defendant acquired possession or
control over it.
(8)
To recover a deficiency judgment upon a mortgage note or conditional sales contract or other
security agreement executed by the defendant or predecessor to whose obligation the defendant
has succeeded and the deficiency is claimed either:
(A) In any action in a GTB Tribal Court to foreclose upon real property situated on GTB lands;
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or
(B) Following sale of real property on GTB lands by the plaintiff; or
(C) Following resale of tangible property on GTB lands by the plaintiff.
(9)
Arising out of:
(A) A contract to insure any person, property, or risk located on GTB lands at the time of
contracting; or
(B) An obligation or a promise made anywhere by the defendant to insure upon or against the
happening of an event where either (A) the person insured was an enrolled Tribal member
when the event out of which the cause of action is claimed to arise occurred; or (B) the
event out of which the cause of action is claimed to arise occurred on GTB lands,
regardless of the location of the interest insured.
(10) Arising out of the ownership, possession, or control of any asset or thing of value located on
GTB lands when ownership, possession, or control was acquired.
(11) Arising out of the performance of duties as a director or officer of a corporation organized under
Tribal law or having its principal place of business on GTB lands.
(12) Arising out of the solicitation, pursuit, denial, or receipt of a service or benefit that is
administered or offered by or on behalf of GTB.
(d)
The jurisdictional grounds in (c)(1)-(12) are cumulative, nonexclusive, and in addition to any
common law grounds for personal jurisdiction.
(e)
Joinder of Claims in Same Action. In any action brought under the jurisdictional grounds stated in
(c)(1)-(12), there cannot be joined in the same action any other claim or cause against the defendant
unless grounds exist under this section for personal jurisdiction over the defendant as to the claim or
cause to be joined.
§ 305. Severability. [History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May
13, 1998. As amended by Tribal Council in Special Session 10-26-2022]
If a court of competent jurisdiction holds invalid or unconstitutional any section, paragraph, sentence or
other portion of this ordinance, such portion shall not affect the validity of the remaining portions of this
ordinance.
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§ 401
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§ 404
CHAPTER 4
Grand Traverse Band Arbitration Code
§ 401. Short Title and Purpose. [History: Arbitration Code, adopted by Tribal Act #03-21.1214,
enacted by Tribal Council on March 19, 2003.]
(a)
Short title. This code shall be entitled "The Grand Traverse Band Arbitration Code."
(b)
Purpose. It is the purpose of this Code to authorize the arbitration of disputes in contractual
agreements and to provide for the enforcement of agreements to arbitrate, and resulting arbitration
awards, by the Tribal Court.
§ 402. Scope of Code and Repeal of Inconsistent Provisions. [History: Arbitration Code, adopted by
Tribal Act #03-21.1214, enacted by Tribal Council on March 19, 2003.]
(a)
Scope. This Code applies to any written contract or other instrument entered into by the Grand
Traverse Band, by any subdivision, instrumentality or agency of the Band, or by any other person in
a transaction that is subject to the jurisdiction of the Band, in which: (1) the parties thereto agree to
settle by arbitration any controversy arising out of such contract or other instrument, and (2) the Tribal
Council designates, by resolution, that this Code shall apply.
(b)
Inconsistent provisions. Any prior legislation or other Band laws that are inconsistent with the
purpose and procedures established by this Code are hereby repealed to the extent of any such
inconsistency.
§ 403. Enforceability of Agreements to Arbitrate. [History: Arbitration Code, adopted by Tribal
Act #03-21.1214, enacted by Tribal Council on March 19, 2003.]
An agreement in any written contract or other instrument, or in a separate writing executed by the parties
to any written contract or other instrument, to settle by arbitration any controversy thereafter arising out of
such contract or other instrument, or any other transaction contemplated thereunder, or a written agreement
between two or more persons to submit to arbitration any controversy existing between them at the time of
the agreement, shall be valid, irrevocable and enforceable.
§ 404. Law to be Applied. [History: Arbitration Code, adopted by Tribal Act #03-21.1214, enacted
by Tribal Council on March 19, 2003.]
(a)
In any contract or other instrument described in § 402(a) of this Code, the parties may agree upon the
jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract,
instrument or controversy. Such choice of law shall be valid and enforceable, and not subject to
revocation by one party without the consent of the other party or parties thereto, provided that the
subject matter of the contract, instrument or controversy, or at least one of the parties thereto, shall
have some contact with the jurisdiction so selected.
(b)
In any proceeding under this Code, whenever the contract or other instrument sets forth a choice of
law provision, the Tribal Court shall apply the procedural rules of the Tribal Court and the substantive
law of the jurisdiction selected in such choice-of-law provision; provided that no procedural rule of
the Tribal Court shall bar, unreasonably delay or impair any action, proceeding or remedy where such
action, proceeding or remedy would not be barred, unreasonably delayed or impaired by the
procedural rules of the courts of the jurisdiction whose substantive law applies.
(c)
In any proceeding in the Tribal Court relating to a contract or other instrument described in § 402(a)
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of this Code, whenever the contract or other instrument does not set forth a choice of law provision,
the Tribal Court shall apply the substantive law of the Band, including any applicable choice-of-law
principles.
§ 405. Stay of Proceedings in Tribal Court and Order to Proceed with Arbitration. [History:
Arbitration Code, adopted by Tribal Act #03-21.1214, enacted by Tribal Council on March 19,
2003.]
(a)
If any action for legal or equitable relief or other proceeding is brought in the Tribal Court by any
party to any contract or instrument described in § 402(a) of this Code, the Tribal Court shall not
review the merits of the pending action or proceeding, but shall stay the action or proceeding until an
arbitration has been had in compliance with the agreement.
(b)
A party to any contract or other instrument described in § 402(a) of this Code claiming the neglect or
refusal of another party thereto to proceed with an arbitration thereunder may make application to the
Tribal Court for an order directing the parties to proceed with the arbitration in compliance with their
agreement. In such event, the Tribal Court shall order the parties to arbitration in accordance with the
provisions of the contract or other instrument and the question of whether an obligation to arbitrate
the dispute at issue exists shall be decided by the arbitrator(s).
§ 406. Advice of the Court on Tribal, State or Federal Law. [History: Arbitration Code, adopted by
Tribal Act #03-21.1214, enacted by Tribal Council on March 19, 2003.]
At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrator(s) may
make application to the Tribal Court for advice on any question of Band law or state or federal law arising
in the course of the arbitration so long as such parties agree in writing that the advice of the Court shall be
final as to the question presented and that it shall bind the arbitrator(s) in rendering any award.
§ 407. Time Within Which Award Shall be Rendered; Notice to the Parties. [History: Arbitration
Code, adopted by Tribal Act #03-21.1214, enacted by Tribal Council on March 19, 2003.]
(a)
If the time within which an award is rendered has not been fixed in the arbitration agreement, the
arbitrator(s) shall render the award within 30 days from the date the arbitration has been completed.
The parties may, by written agreement, agree to extend the time in which the award may be made.
(b)
An arbitration award shall be in writing and signed by the arbitrator(s). The arbitrator(s) shall provide
written notice of the award to each party by certified or registered mail, return receipt requested.
§ 408. Application for Order Confirming Award; Record to be Filed with Clerk of Court; Effect and
Enforcement of Judgment. [History: Arbitration Code, adopted by Tribal Act #03-21.1214, enacted
by Tribal Council on March 19, 2003.]
(a)
At any time within one year after an arbitration award has been rendered and the parties thereto
notified thereof, any party to the arbitration may make application to the Tribal Court for an order
confirming the award.
(b)
Any party applying to the Tribal Court for an order confirming an arbitration award shall, at the time
the award is filed with the Clerk of the Tribal Court for entry of judgment thereon, file true and correct
copies of the following papers with the Clerk: (1) the agreement to arbitrate; (2) if applicable, the
Tribal Council resolution approving application of this Code; (3) written identification of the
arbitrator(s) and any material documenting the selection or appointment of the arbitrator(s); (4) any
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written agreement requiring the reference of any question as provided in § 406; (5) each written
extension of the time, if any, within which to make the award; (6) the award; and (7) evidence that
all parties to the arbitration have received notice of the filing or the intent to file an application to the
Tribal Court for confirmation of the arbitration award.
(c)
An arbitration award shall not be subject to review or modification by the Tribal Court, but shall be
confirmed strictly as provided by the arbitrator; provided, that the Tribal Court may nevertheless
decline to enforce any arbitration award if it finds that any of the following occurred:
(1)
The award was procured by corruption, fraud, or undue means;
(2)
There was evident partiality or corruption in the arbitrator(s);
(3)
The arbitrator(s) were guilty of misconduct in refusing to postpone the hearing, upon sufficient
cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any
other misbehavior by which the rights of any party have been prejudiced; or
(4)
The arbitrator(s) exceeded their powers, or so imperfectly executed them that a mutual, final,
and definite award upon the subject matter submitted was not made.
Where an arbitration award is so vacated, the Tribal Court may, in its discretion, direct a rehearing
by the arbitrator(s).
(d)
In any of the following cases where the Tribal Court is authorized to make an order regarding
arbitration, the Tribal Court may make an order modifying or correcting the arbitration award upon
the application of any party to the arbitration:
(1)
Where there was an evident material miscalculation of figures or an evident material mistake in
the description of any person, thing, or property referred to in the award;
(2)
Where the arbitrator(s) have awarded upon a matter not submitted to them, unless it is a matter
not affecting the merits of the decision upon the matter submitted; or
(3)
Where the arbitration award is imperfect in matter of form not affecting the merits of the
controversy.
The order may modify and correct the award, so as to effect the intent thereof and promote justice
between the parties.
(e)
The judgment confirming an award shall be docketed as if it were rendered in a civil action. The
judgment so entered shall have the same force and effect in all respects as, and be subject to all the
provisions of law relating to, a judgment in a civil action, and it may be enforced as if it has been
rendered in a civil action in the Tribal Court. When the award requires the performance of any other
act than the payment of money, the Tribal Court may direct the enforcement thereon in the manner
provided by law.
§ 409. Arbitration Award Not Appealable. [History: Arbitration Code, adopted by Tribal Act
#03-21.1214, enacted by Tribal Council on March 19, 2003.]
No further appeal may be taken from an order issued by the Tribal Court pursuant to this Code enforcing
an agreement to arbitrate or an award issued by an arbitrator.
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Authority of Grand Traverse Band, MI
§ 410
JUSTICE
§ 413
§ 410. Jurisdiction of the Tribal Court. [History: Arbitration Code, adopted by Tribal Act
#03-21.1214, enacted by Tribal Council on March 19, 2003.]
To the extent allowed by federal law, the jurisdiction of the Tribal Court over any action to enforce an
agreement to arbitrate, to compel arbitration pursuant to such an agreement to arbitrate and to enforce an
award made by an arbitrator pursuant to such agreement to arbitrate, contained in any contract, agreement
or other instrument described in § 402(a) of this Code, shall be concurrent with the jurisdiction of any state
or federal court to the jurisdiction of which the parties to such contract, agreement or other instrument shall
have explicitly consented therein. Any consent to the jurisdiction of a state or federal court contained in a
contract, agreement or other instrument described in § 402(a) of this Code, and any waiver of the obligation
of the parties to exhaust Tribal Court remedies shall be valid and enforceable in accordance with its terms
when approved in writing by the Tribal Council.
§ 411. Police Powers and Judgment Enforcement Remedies. [History: Arbitration Code, adopted by
Tribal Act #03-21.1214, enacted by Tribal Council on March 19, 2003.]
The Band's police powers shall be available to secure and support any arbitration award under this Code,
and all police or other law enforcement officials of the Band shall carry out any orders that may be entered
by the Tribal Court pursuant to this Code.
§ 412. Severability. [History: Arbitration Code, adopted by Tribal Act #03-21.1214, enacted by
Tribal Council on March 19, 2003.]
If any section or part thereof of this Code or the application thereof to any party shall be held invalid for
any reason whatsoever by a court of competent jurisdiction or by federal legislative action, the remainder
of the relevant section or part of this Code shall not be affected thereby and shall remain in full force and
effect.
§ 413. No Waiver of Sovereign Immunity. [History: Arbitration Code, adopted by Tribal Act
#03-21.1214, enacted by Tribal Council on March 19, 2003.]
Nothing in this Code is or shall be interpreted to constitute a waiver of the sovereign immunity of the Band
or any of its officers, employees or agents acting within the scope of their authority.
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Authority of Grand Traverse Band, MI
§ 501
JUSTICE
§ 503
CHAPTER 5
Grand Traverse Band Police Department
§ 501. Purpose and Creation of GTB Police Department. [History: Adopted by Tribal Act
#05-23.1507, enacted by Tribal Council on June 15, 2005.]
The purpose of this Code is to establish the GTB Police Department and to delineate the management
structure of the GTB Police Department and the allocation of human resources responsibilities and the
administration of justice for purposes of maintaining the peace within the Indian Country jurisdiction of
the GTB.
§ 502. Definitions. [History: Adopted by Tribal Act #05-23.1507, enacted by Tribal Council on June
15, 2005.]
(a)
"Captain" shall mean the commanding officer of the GTB Police.
(b)
"Acting Captain" shall mean the acting commanding officer of the GTB Police.
(c)
"Officer" shall mean any member of the GTB police executing the constitutional oath of office.
(d)
"Members," "members of the department," or "members of said department" shall mean any
employee of the GTB Police Department whether an officer or a civilian employee.
(e)
"Tribal Manager" shall mean the person identified by Article XII Section 2 (a) ("controlled by the
Tribal Council directly or indirectly through a Tribal Manager").
(f)
"Department" shall mean the GTB Police.
(g)
"Tribal Government" is the Grand Traverse Band of Ottawa and Chippewa Indians. For purposes of
this Code, Tribal Government does not include the Economic Development Corporation, any entity
owned by the Economic Development Corporation, or any other entity chartered by the Tribal
Council.
(h)
"Department Manager" shall mean the person designated by the Tribal Council as the programmatic
manager of the Public Safety Department of the GTB.
(i)
"Dismissal" means:
(j)
(1)
A termination, including that resulting from the elimination of a position, of an employee by an
employer;
(2)
A layoff or suspension of an employee by an employer for more than two consecutive months;
or
(3)
A quitting of employment or a retirement by an employee induced by an act or omission of the
employer, after notice to the employer of the act or omission without appropriate relief by the
employer, so intolerable that under the circumstances a reasonable individual would quit or
retire.
"Tribal Court" means the Grand Traverse Band Tribal Court.
§ 503. GTB Police, Creation of Department, Membership; Authority and Chain of Command.
[History: Adopted by Tribal Act #05-23.1507, enacted by Tribal Council on June 15, 2005.]
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Authority of Grand Traverse Band, MI
§ 503
JUSTICE
§ 505
(a)
There is hereby created a department of the Tribal government which shall be known and designated
as the GTB Police Department within the GTB Department of Public Safety. The Captain of the GTB
Police Department shall be in charge of the GTB Police Department as its executive head, and he or
she shall have complete and direct supervisory control over all constitutional commissioned officers
and civilian police personnel of the GTB Police Department. The Captain shall be appointed by the
Tribal Council, with the advice and recommendation of the Tribal Manager, and shall hold office
during competent administration.
(b)
The Department Manager of the Department of Public Safety shall be in charge of the program
management functions of the GTB Police Department and have co-supervisory authority, in
conjunction with the Police Captain, over the employees of the GTB Police Department.
(c)
The Captain of the GTB Police Department and the Department Manager of the Department of Public
Safety for administrative purposes shall report to the Tribal Manager.
(d)
Nothing in this section shall impair the independent law enforcement duties of the Captain to pursue
law enforcement actions consistent with Tribal or Federal law.
(e)
The Captain may appoint or designate two officers among the seven highest ranking commissioned
officers of the department to serve in order of precedence, as named, as acting Captain in his or her
absence from the office, during his or her illness or during his or her disability for any reason to
perform his or her duties, provided, however, that any such officer so acting shall receive no
additional compensation by virtue of the interim appointment. An officer appointed as acting captain
may be relieved of such appointment at the will of the Captain.
(f)
The grades and duties of the officers of the GTB Police Department shall be captain, sergeant,
corporal, policeman and policewoman. The officers shall be authorized to carry arms either openly or
concealed. Every member of the GTB Police Department shall be subject to orders at any time, the
officers shall at all times have the authority to apprehend criminal and preserve law and order.
§ 504. Divisions; Officers; Termination of Officers; Hearing; Civilian Employees. [History:
Adopted by Tribal Act #05-23.1507, enacted by Tribal Council on June 15, 2005.]
(a)
The GTB Police Department shall consist of a uniformed division, a detective division and such other
divisions that may be established by law or by the Captain in his or her discretion. The Captain shall
appoint and employ all members of the GTB Police Department and they shall be classified as
officers or civilian employees.
(b)
All persons appointed as officers shall be at the time of their appointments not less than 21 years of
age and not more than a maximum age limit to be determined by the Captain in his or her discretion.
(c)
All persons appointed as officers shall execute the constitutional oath of office before entering upon
their duties.
(d)
No officer shall be dismissed, except when insufficient funds require a reduction in expenditures in
which case the officer or officers shall be dismissed consistent with 1) Indian preferences and then 2)
term of service with the Tribe and those officers junior in time shall be dismissed.
(e)
Termination for cause shall only be permitted upon a hearing as hereafter provided in §§ 507 and 508
of this chapter.
(f)
Civilian employees may be terminated consistent with the GTB administrative dismissal process as
established by the Tribal Council in the GTB Personnel Policy.
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Authority of Grand Traverse Band, MI
§ 505
GRAND TRAVERSE BAND CODE
§ 506
§ 505. Captain and Officers; Powers and Duties. [History: Adopted by Tribal Act #05-23.1507,
enacted by Tribal Council on June 15, 2005.]
(a)
The Captain and each officer of the GTB Police Department are vested with the powers of a
conservator of the peace. They may also apply to any judicial officer of the Tribe for the issuance of
search warrants, warrants of arrest or any other criminal process, or orders necessary when the
institution of criminal proceedings for the discovery or punishment of crime of any degree is ordered
in writing by the GTB Prosecutor consistent with 3 GTBC Chapter 1.
(b)
The Captain and each officer of the GTB Police Department have all the immunities and matters of
defense available to conservators of the peace or commissioned tribal and federal officers, or both, in
any action brought against them by virtue of acts done in the course of their employment.
(c)
Any member of the GTB Police Department may serve and execute all criminal and civil process,
when directed to do so by the Tribal Manager or the GTB Prosecutor, in actions and matters in which
the Tribe is a party. The Captain and the GTB Police Department are under the immediate control
and direction of the Tribal Manager in matters not directly related to law enforcement.
(d)
The GTB Prosecutor may direct that the GTB Police officers conduct a specific investigation or
matter in any matter the GTB Prosecutor is charged with the responsibility thereof under 3 GTBC
Chapter 1.
(e)
The Captain may, upon the order of the Tribal Manager, or extemporaneously under exigent
circumstances, call upon any sheriff or other police officer of any unit of state or federal government,
within the limits of their respective jurisdictions as contained in an independent cross-deputization
intergovernmental agreement or memoranda of the Tribe and the unit of State government or any
superintendent federal law governing the relationship between federal law enforcement agencies and
the Tribal law enforcement agency, for aid and assistance in the performance of any duty imposed by
this Code and Tribal jurisdiction under Indian Country jurisdictional standards of 18 U.S.C. § 1151.
(f)
The Captain shall formulate and put into effect plans and means of cooperating with the local police
and peace officers throughout the Indian Country jurisdiction, 18 U.S.C. § 1151, of the Tribe for the
purpose of the prevention and discovery of crimes and the apprehension of criminal.
(g)
The Captain is hereby authorized, with the approval of the Tribal Manager and only upon specific
motion of the Tribal Council, to appoint GTB conservation officer as special GTB police officer, who
shall be vested with the powers of an officer of the GTB Police, and who shall in his or her capacity
as special GTB police officer be under the direction of the Captain.
§ 506. Duties of the Department Manager of the Public Safety Department in Relation to the
Captain of the GTB Police Department and the Tribal Manager. [History: Adopted by Tribal Act
#05-23.1507, enacted by Tribal Council on June 15, 2005.]
(a)
The Department Manager of the Department of Public Safety shall have the principal administrative
duty of developing all policy and procedures manuals consistent with applicable federal, state and
tribal law.
(b)
Setting performance standards for the GTB Police certification and evaluation standards for GTB
Police civilian personnel.
(c)
Preparation of the GTB Police annual and capital budgets for submission to the GTB Office of
Management and Budget consistent with budget cycle as defined in applicable federal and tribal
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Authority of Grand Traverse Band, MI
§ 506
JUSTICE
§ 508
appropriation law.
(d)
Administration of the GTB Police Budgets and the filing of financial reports with the appropriate
federal, state and tribal appropriation agency.
(e)
The Department Manager of the Department of Public Safety is under the direct supervision of the
Tribal Manager.
(f)
Nothing in this section shall impair or limit the independent duty of the Captain to make independent
law enforcement decisions consistent with federal and tribal law.
§ 507. Rules and Regulations. [History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
(a)
The Captain shall make and adopt rules and regulations for the direction, control, discipline and
conduct of the members of the GTB Police Department, for promotion on the basis of Indian
Preference and seniority of service, of the officers of the Department.
(b)
The Captain shall develop regulations for the filing and hearing of charges against such officers and
the Captain may make any other rules and regulation for the governing and operation of the GTB
Police Department as shall appear to him reasonably necessary to carry out the purposes of this Code.
§ 508. Hearings. [History: Adopted by Tribal Act #05-23.1507, enacted by Tribal Council on June
15, 2005.]
(a)
A trial board to hear charges against officers of the GTB Police Department consisting of the Captain
and two officers from among the commissioned officers of the department, senior in service, shall be
appointed by the Captain. The Captain shall be the presiding officer hereof and make all necessary
rulings during the course of any hearing. He shall also make rules and regulations for the filing of
verified written charges against an accused officer, for a hearing upon the written charges in not less
than 10 days' notice and for an opportunity for the charged officer to produce proof of a defense.
(b)
The Captain or the officer acting in the Captain's stead as presiding officer of the trial board is
empowered to issue subpoenas to compel the attendance of witnesses and the production of evidence
in support of charges, and shall issue subpoenas for witnesses for the defense and shall on his or her
own motion if he or she have knowledge or is independently informed of other persons having
knowledge of the matters charged compel their attendance at the hearing by subpoena.
(c)
Persons summoned as witnesses before the trial board shall be entitled to witness fees and mileage
for traveling, as provided by GTB Court Rules for witnesses. Failure or refusal to obey any such
subpoena shall be brought to the attention of the Tribal Court and shall be punished by the Tribal
Court as contempt.
(d)
Upon written order of the Captain, any officer appointed or designated to act in the absence as acting
captain may sit in his or her place and stead as presiding officer of the trial board.
(e)
If the trial board finds the charges credible based upon an evidentiary standard of clear and
convincing then the trial board shall make a finding of guilty and recommend either removal of the
officer or such disciplinary punishment as prescribed by the rules and regulations which, in their
opinion, the offense merits; thereupon the Captain shall direct such removal or punishment. If any
officer refuses to abide by any such disciplinary order, the Captain may be ordered to remove him or
her forthwith. Nothing herein contained shall require a hearing before said board before disciplinary
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Authority of Grand Traverse Band, MI
§ 508
GRAND TRAVERSE BAND CODE
§ 511
measures may be taken by the Captain or any commanding officer for the punishment of minor
infractions of the rules and regulations of the department.
(f)
Review by the Tribal Court shall only affirm or reverse the trial board decision on a standard of
review that the decision is arbitrary and capricious and not supported by the evidence. In no event
shall actual or consequential damages be allowed.
§ 509. Incumbents to Continue in Office; Construction of the Chapter. [History: Adopted by Tribal
Act #05-23.1507, enacted by Tribal Council on June 15, 2005.]
(a)
Until the Tribal Council may appoint a Captain incident to a resignation or for cause termination as
herein provided, the present Captain of the GTB Police Department and the present Department
Manager of the Department of Public Safety shall continue in office as such Captain and Department
Manager. Nothing herein contained shall be deemed to terminate any commission appointment, or
employment existing under the present process for the administration of the GTB Police Department.
(b)
All matters and orders pending before or made by any officer or department under the Code to the
GTB Police Department shall be deemed to be continued with like status for the GTB Police
Department. All existing appropriations for the support and maintenance of the GTB Police
Department for the performance of any duties are hereby maintained and transferred to this
administrative structure contained in this chapter.
§ 510. Disposition of Fees. [History: Adopted by Tribal Act #05-23.1507, enacted by Tribal Council
on June 15, 2005.]
All fees or other money received by the GTB Police Department shall be forwarded to the GTB Office of
Management and Budget each month and shall be the property of the Tribe to be deposited in the Tribal
Treasury to be disbursed in such manner and for such purposes as may be provided by the Tribal Council.
§ 511. Reports of the Captain. [History: Adopted by Tribal Act #05-23.1507, enacted by Tribal
Council on June 15, 2005.]
On or before the first day of January of each year the Captain shall make and file with the Tribal Manager a
report covering the proceeding year, covering the activities of the GTB Police Department and the receipts
and disbursements of the Department. Said report shall be accompanied by the recommendations of the
Captain with reference to such changes in the laws applying to or affecting the Department as said Captain
may deem appropriate. This report shall serve as the basis for further recommendation, along with an
independent assessment by the Tribal Manager, for further legislative action or inaction.
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Authority of Grand Traverse Band, MI
§ 601
JUSTICE
§ 603
CHAPTER 6
Grand Traverse Band Citizen Complaint Policy2
§ 601. Purpose. [History: Adopted by Tribal Act #07-25.1784, enacted by Tribal Council on June
20, 2007.]
Establish a procedure for members of the Grand Traverse Band to file a written concern or complaint
regarding a GTB Police Department action, established procedure or individual officer's conduct.
§ 602. Policy. [History: Tribal Act #07-25.1784, enacted by Tribal Council on June 20, 2007.]
All GTB members can submit a complaint or concern in writing to the Police Department. The complaints/
concerns will be reviewed under the procedures established in this policy. The Police Department will
render a decision which will be sent to the citizen. Appeals of Police Department decisions can be made to
the Tribal Council. All Tribal Council decisions are final.
§ 603. Procedures. [History: Tribal Act #07-25.1784, enacted by Tribal Council on June 20, 2007.]
(a)
(b)
2.
Written complaint/concern.
(1)
A Citizen Complaint Form can be obtained from the Police Department Dispatch Officer. The
complaint should be filled out completely and returned to Dispatch.
(2)
Upon receiving the complaint, the Captain of Police will review the form and make assignments
within the department staff to investigate the complaint if required, in compliance with 3 GTBC
§ 508.
(3)
The Police Department will send a letter to the complainant confirming receipt of the complaint
form within 72 hours of receiving the complaint.
(4)
An investigative report will be completed and reviewed by the Captain of Police within 14
calendar days of receiving the complaint. The complainant will be sent a letter outlining the
conclusions of the investigation.
(5)
A monthly report shall be submitted to the Tribal Council outlining each Citizen's Complaint
that was filed for that month and its conclusion.
Appeal procedures.
(1)
If a GTB citizen is not satisfied or disagrees with the conclusions provided by the Police
Department, an appeal can be made to the Tribal Council by submitting a written request to the
GTB Legal Department within seven days of the rendering of the Police Department's decision.
(2)
Appeals to the Tribal Council will be in writing with all points of contention outlined. Any
proofs or supporting documentation must be submitted to the Council along with the appeal.
(3)
The Tribal Council will review all appeals and render a decision, or hold a hearing at the next
regularly scheduled Tribal Council Session.
(4)
The hearing will be closed to the public. All people that are sources of information will be
required to provide testimony before the Council.
Editor's Note: Former Ch. 6, GTB Police Commission, adopted by Tribal Act #05-23.1507, enacted by Tribal Council on 6-15-2005,
was dissolved by Tribal Act #07-25.1784, enacted by Tribal Council on 6-20-2007.
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Authority of Grand Traverse Band, MI
§ 603
GRAND TRAVERSE BAND CODE
§ 603
(5)
The Council will draw conclusions from the hearing and render a decision as to whether the
original complaint was meritorious or non-meritorious.
(6)
In the event the Council deems the original complaint to be meritorious, the Council shall
recommend an appropriate action to the Captain of Police.
(7)
In the event the Council deems the original complaint to be non-meritorious, the matter shall be
dismissed. The Tribal Council's decision is final.
(8)
The Council will provide a decision on all hearings within a reasonable amount of time.
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Authority of Grand Traverse Band, MI
§ 701
JUSTICE
§ 702
CHAPTER 7
Contempt of Tribal Court Ordinance3
§ 701. Contempt of Tribal Court; Civil. [History: Adopted by Tribal Act #06-24.1628, enacted by
Tribal Council on February 22, 2006.]
(a)
Definition of Contempt. Willful misbehavior by any person which disrupts, obstructs, or otherwise
interferes with the conduct of any civil proceeding by the Tribal Court, or which obstructs or
interferes with the administration of justice by the Tribal Court, or which constitutes disobedience or
resistance to or interference with any lawful summons, subpoena, process, order, rule, decree or
command of the Tribal Court shall constitute contempt of Tribal Court. The willful failure of a party
to comply with the terms of a civil judgment directed against her/him, with which she/he is able to
comply, shall be held in civil contempt of the Tribal Court, which shall be punished by the Tribal
Court in the manner prescribed by this Ordinance.
(b)
Contempt in Presence of Court. When civil contempt of Tribal Court is committed in the presence of
a Tribal Judge it may be punished summarily by that Tribal Judge. In such case an order shall then be
made reciting the facts constituting the civil contempt, adjudging the person guilty of civil contempt,
and prescribing the punishment for such civil contempt in accord with Chapter 7, § 701(d) of this
Ordinance.
(c)
Contempt Outside Presence of Court. When it appears upon a verified statement filed with the Tribal
Court reciting with particularity the alleged acts and/or omissions constituting civil contempt to the
Tribal Court, which contempt may have been committed out of the presence of the Tribal Court, the
Tribal Court may issue a summons to the person so charged directing her/him to appear at a time and
place designated for a hearing on the matter. If such person served with the summons fails to appear
at the time and place so designated, the Tribal Court shall conduct a hearing, and if it finds her/him
guilty of civil contempt, an order shall then be made reciting the facts constituting the contempt,
adjudging the person subject to civil contempt, and prescribing the fine for such civil contempt in
accord with Chapter 7, § 701.
(d)
Punishment for Contempt. A Tribal Judge may punish for civil contempt by fine or imprisonment, or
both; such civil fine not to exceed $200 or imprisonment, based upon extraordinary circumstances as
defined by the federal law of civil contempt, not to exceed two days, plus Tribal Court costs.
§ 702. Contempt of Tribal Court; Criminal. [History: Adopted by Tribal Act #06-24.1628, enacted
by Tribal Council on February 22, 2006.]
(a)
3.
Definition of Contempt. A Tribal Judge may punish for criminal contempt persons guilty of the
following acts:
(1)
Disorderly, contemptuous, or insolent behavior toward the Tribal Judge while holding Court,
tending to interrupt the due course of the Tribal Court proceeding.
(2)
A breach of the peace, boisterous conduct, or violent disturbance in the presence of the Tribal
Judge, or in the immediate vicinity of the Tribal Court held by her/him tending to interrupt the
due course of a trial or other judicial proceeding.
(3)
Disobedience to a subpoena, duly served, or refusing to be sworn or to answer as a witness.
Editor's Note: This ordinance was originally designated as Chapter 4 of Title 3 of the GTBC, but was reassigned as Chapter 7 due to
the interim additions of Chapters 4, 5 and 6 to Title 3.
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Authority of Grand Traverse Band, MI
§ 702
GRAND TRAVERSE BAND CODE
§ 702
(4)
Disobedience or resistance to the carrying out lawful order or process made or issued by the
Tribal Judge.
(5)
Interfering with any person or property in the custody of an enforcement officer acting under an
order of the Tribal Court or process of the Tribal Court.
(6)
Executing a complaint as a complaining witness and failing to appear or testify in support
thereof.
(b)
Contempt Committed in Presence of Judge. When criminal contempt is committed in the immediate
view and the presence of the Tribal Judge, it may be punished summarily. The Tribal Judge must
make an order reciting the facts as they occurred, and that the person proceeded against is guilty of
criminal contempt, and that she/he be punished as therein prescribed.
(c)
Contempt Committed Not in Presence of Judge. When criminal contempt is not committed in the
immediate view and presence of the Tribal Judge and upon a verified statement filed with the Tribal
Court reciting with particularity the alleged acts and/or omissions constituting criminal contempt, a
Warrant of Arrest may be issued by such Tribal Judge and the person may be arrested and brought
before the Tribal Judge immediately. The Tribal Judge must give the arrested person an opportunity
to answer the verified complaint. The Tribal Judge may then discharge her/him or may convict her/
him of criminal contempt.
(d)
Punishment. A Tribal Judge may punish for criminal contempt by fine or imprisonment, or both; such
fine not to exceed $200 or imprisonment not to exceed 14 days plus Tribal Court costs.
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Authority of Grand Traverse Band, MI
§ 702
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JUSTICE
Authority of Grand Traverse Band, MI
GRAND TRAVERSE BAND CODE
Title 4
BUDGET & FINANCIAL OPERATIONS
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Authority of Grand Traverse Band, MI
§ 101
BUDGET & FINANCIAL OPERATIONS
§ 103
CHAPTER 1
Appropriations Act
§ 101. Purpose. [History: Appropriations Act, adopted by Tribal Council on August 21, 1996,
affirmed on September 6, 1996; as amended by Tribal Council October 15, 1996; as amended by
Tribal Council January 17, 2001.]
The purpose of this Act is to implement a method for preparing and adopting a budget for Tribal
Governmental Operations and Programs. This Act hereby supersedes all previous and prior Appropriations
and Budget acts, resolutions or ordinances.
§ 102. Definitions. [History: Appropriations Act, adopted by Tribal Council on August 21, 1996,
affirmed on September 6, 1996; as amended by Tribal Council October 15, 1996; as amended by
Tribal Act #00-18.837, enacted by Tribal Council in Special Session March 29, 2000; as amended by
Tribal Council January 17, 2001.]
For purposes of this Act:
(a)
Appropriation. Action by the Tribal Council that permits Tribal agencies to incur obligations and to
make payments out of the Tribal General Fund, Housing Fund, or Enterprise Fund(s) for specified
purposes.
(b)
Borrowing Authority. Delegated Tribal Council authority in substantive or appropriation action of the
Tribal Council that permits a Tribal subdivision to incur obligation and to liquidate those obligations
out of borrowed moneys.
(c)
Budget Authority. A general term referring to various forms of authority provided by Tribal law to
enter into obligations which will result in immediate or future outlays of Tribal governmental funds.
(d)
Chief Executive. The Chief Executive of the Grand Traverse Band is the Chairman of the Tribal
Council.
(e)
Contract Authority. A form of budget authority which permits contracts or other obligations to be
entered into in advance of an appropriation or in excess of amounts otherwise available.
(f)
CPI. Consumer Price Index, a federal government economic indicator used to determine the cost of
living for any particular year expressed as a percentage of increase over the previous year.
(g)
Executive Budget. A balanced budget prepared by Tribal Manager for coming fiscal year with
assistance of appropriate Tribal administrative staff.
(h)
Fiscal Year. The time period designated by the Tribal Council for budgeting and accounting purposes.
(i)
GTB. Grand Traverse Band of Ottawa and Chippewa Indians.
(j)
Tribal Agency. Includes any Tribal Department, housing program, enterprise, commission or
committee authorized by the Tribal government.
(k)
Tribal Governmental Operations. Tribal Council, Tribal Judiciary.
(l)
Tribal Governmental Programs. Various Tribal, state and federal assistance programs providing
health, education and welfare services to Tribal members, administered by the GTB.
§ 103. Fiscal Year. [History: Appropriations Act, adopted by Tribal Council on August 21, 1996,
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Authority of Grand Traverse Band, MI
§ 103
GRAND TRAVERSE BAND CODE
§ 105
affirmed on September 6, 1996; as amended by Tribal Council October 15, 1996; as amended by
Tribal Council January 17, 2001.]
The fiscal year shall be October 1 to September 30.
§ 104. Budget Formulation and Transmittal. [History: Appropriations Act, adopted by Tribal
Council on August 21, 1996, affirmed on September 6, 1996; as amended by Tribal Council October
15, 1996; as amended by Tribal Act #00-18.837, enacted by Tribal Council in Special Session on
March 29, 2000; as amended by Tribal Council January 17, 2001.]
(a)
The Tribal Manager shall prepare a balanced executive budget for the coming fiscal year and shall
submit the balanced executive budget to the Tribal Council by February 28.
(b)
Formulation of the executive budget shall consist of the following steps:
(1)
The Tribal Manager shall review current Tribal programs against program objectives and
program results;
(2)
In consultation with the GTB Economic Development Corporation, the Tribal Manager and
Chief Financial Officer (CFO) shall estimate the expected income from Tribal gaming
operations for purposes of the Revenue Allocation Ordinance No. 94-117, as amended;
(3)
The Triba
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