ADMINISTRATIVE PROCEDURES ACT

ADMINISTRATIVE PROCEDURES ACT

Ordinance # 04-100-07

Article I. Purpose; Findings

1.01. Purpose. The purpose of this Ordinance is to provide guidance and format to

the development of ordinances of the Tribe; to manage the process of the

development of ordinances of the Tribe; and to allow for the greatest amount of

input from members and community affected by the development of ordinances of

the Tribe.

1.02. Authority. The Tribal Council of the Little River Band of Ottawa Indians

enacts this legislation in accordance with the following authority:

a. It is delegated responsibility, in Article IV, Section 7(a) of the

Constitution, “to exercise the inherent powers of the Little River Band by

establishing ordinances through the enactment of ordinances and adoption

of resolutions not inconsistent with this Constitution:

1. to govern the conduct of members of the Little River Band and

other persons within its jurisdiction;

2. to promote, protect and provide for public health, peace, morals,

education and general welfare of the Little River Band and its

members;”’

b. It is further delegated responsibility, in Article IV, Section 7(j) of the

Constitution, “‘to take action, not inconsistent with this Constitution or

Federal law, which shall be necessary and proper to carry out the sovereign

legislative powers of the Tribe.

c. The Ogema is delegated the responsibility, in Article V, Section 5(a)(2)

of the Constitution, to oversee the administration and management of the

Tribal government in accordance with the laws, resolution, and motions

adopted by Tribal Council.

1.03. Findings. The Tribal Council finds that:

a. It is necessary to set forth directions and processes for the adoption of

ordinances of the Tribe which allow for notice and comment prior to the

adoption and amendment of such ordinances.

b. It is necessary to provide direction and processes for the collection and

publication of ordinances of the Tribe in order to provide for adequate

notice to the public regarding the adoption, repeal, amendment or

application of ordinances.

c. It is necessary to provide the Membership adequate information

regarding actions of the Council or Ogema that have an impact on

operations of Tribal Government, programmatic changes, and require

adequate notice and public posting processes to ensure that Membership has

the opportunity to comment on the functions of its Government.

d. The practice of issuing Executive Orders by the Ogema is a process

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Ordinance # 04-100-07

Adopted - November 9, 2011 by Resolution # 11-1109-379

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adopted from Foreign Governments, and is not a practice that is provided

by the Constitution of the Little River Band or any Law of the Band enacted

by the Tribal Council through prior action.

e. There are no statutory requirements prescribed in Law that enable the

Ogema independent authority for public policy within the Little River Band

of Ottawa Indians, exposing the Tribe to risk of liability for actions that

have no foundation in law, including Executive Orders.

f. It is necessary to set forth mechanisms and processes that enable the

Ogema to issue, publish or Execute Orders to manage the government,

while providing notice and comment period for Membership input on the

operations of its government, prior to the execution or signature by the

Ogema.

g. Ogemuk, past and present, have acted independently, absent law or

authorizing resolution of the Tribal Council, to set forth what can be

characterized as public policy, in a manner that is not delegated to the

Ogema or allowed by the Constitution of the Band. The Tribal Council

finds that adopting law to rectify this gap in legislation by providing

statutory requirements and enabling processes will minimize risk of

exposure to the Band for actions executed by its Ogema.

h. Ogemuk, past and present, have executed Orders that resulted in actions

which, by_Constitutional limitation, are required to be authorized by Tribal

Council or adopted by Tribal Council resolution. The Tribal Council finds

that it is necessary to adopt Statute that further solidifies those actions that

are enabled to be carried out by Order.

i. It is necessary to provide direction and processes for the collection and

publication of Executive Orders, Internal Regulations, Standard Operating

Procedures and policy utilized by Departments of the Government, in the

administration of Government operations of the Tribe in order to provide

for adequate notice to the public regarding the adoption, repeal, amendment

of any actions of the Ogema.

Article II. Adoption; Amendment; Repeal

2.01. Adoption. This ordinance is adopted by the Tribal Council by resolution #

04-1110-447.

2.02. Amendment. This ordinance may be amended by the Tribal Council in

accordance with the Constitution and the procedures set forth herein.

a. This Ordinance was amended by the Tribal Council by Resolution #11-

1109-379.

2.03. Repeal. Prior to repeal of this Ordinance, the Tribal Council shall post notice

of the intent to repeal this ordinance at two weeks prior to such action. Notice shall

be posted in the Tribal buildings as may be identified in the Tribal Council Meeting

Procedures Ordinance.

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Ordinance # 04-100-07

Adopted - November 9, 2011 by Resolution # 1 1-1109-379

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2.04. Short Title. This Ordinance may be cited to as the Administrative Procedures

Act, or APA.

2.05. Severability Clause for this Act. If any provision of this Ordinance or its

application to any person or circumstance is held invalid, the invalidity does not

affect other provisions or applications of this Ordinance which can be given effect

without the invalid provision or application, and to this end the provisions of this

Ordinance are severable.

Article III. Definitions

3.01. General Definitions. As used in this Ordinance, except where otherwise

specifically provided or the context otherwise requires, the following terms and

expressions shall have the following meanings.

3.02. Ordinance means a law adopted by the Tribal Council intended to give

general direction over a subject matter or jurisdiction. An ordinance may contain

specific direction where necessary.

3.03. Person means an individual, corporation, business trust, estate, trust,

partnership, limited liability company, association, joint venture, government,

governmental subdivision, agency, or instrumentality, or any legal or commercial

entity.

3.04. Executive Order means an instrument signed and dated by the Ogema that

directs, delegates, mandates, or otherwise enacts an executive action or process

within the Tribal Government. Executive Orders may be applicable to Membership

Conduct when designated by Ordinance.

3.05. Executive Proclamation means an instrument that is signed and dated by the

Ogema that memorializes in writing any ceremonial proclamation or special

recognition by the Ogema for events or persons.

Article IV. Ordinances

4.01. General. This Article shall govern the adoption, amendment and repeal of

ordinances of the Tribe. It is the intent of the Tribal Council that substantial

compliance, not absolute or complete compliance, with this Article shall be required

in the adoption or amendment of any ordinance after adoption of this ordinance.

4.02. Format. Ordinances shall be identified by a title that clearly sets forth the

subject of the ordinance which is followed by the ordinance number. Thereafter, all

ordinances shall be set forth as follows. Each ordinance shall be broken into

“Articles” and which is made up of “sections.” Articles shall be numbered

consecutively, and sections shall be numbered individually, with the Article number

first, followed by a period, and the section number thereafter. Example: Article I,

and section 1.01. Each section may be broken into the following numbered

subsections — section 1.01(a)(1)(A)().

a. Article 1. Purpose; Findings. This Article shall identify the general

purpose of the ordinance and, in a separate section, the legislative findings

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Ordinance # 04-100-07

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or history for developing and adopting the ordinance.

b. Article 2. Adoption; Amendment; Repeal; Severability. This Article

shall contain four sections.

1. Section 2.01. Adoption. This section shall identify the adoption

history, and shall include references to all resolutions and motions

of the Tribal Council which affects the ordinance.

“This Ordinance is adopted by Tribal Council resolution # ,

and subsequently amended by [action].”

2. Section 2.02. Amendment. This section shall identify any

limitations on amending the ordinance which are more than those

required in this ordinance.

“This Ordinance may be amended in accordance with the

procedures set forth in the APA-O, [identify additional

restrictions/limitations ].”

3. Section 2.03. Repeal. This section shall identify any limitations

on repealing the ordinance which are more than those required in

this ordinance.

“This Ordinance may be repealed in accordance with the

procedures set forth in the APA-O, [identify additional

restrictions/limitations/requirements ].

4. Section 2.04. Severability. This section shall identify

severability language, if necessary.

“If any provision of this Ordinance or its application to any

person or circumstance is held invalid, the invalidity does

not affect other provisions or applications of this Ordinance

which can be given effect without the invalid provision or

application, and to this end the provisions of this Ordinance

are severable.”

c. Article 3. Definitions. This Article shall contain all words or phrases that

have a specified meaning within the Ordinance. All words or phrases

defined shall be numbered separately, and placed in alphabetical order. The

first section shall be as follows.

“3.01. General. As used in this Ordinance, except where otherwise

specifically provided or the context otherwise requires, the

following terms and expressions shall have the following meanings.

d. All Other Articles. The remainder of the Ordinance shall be organized

from the general to the specific and contain separate Articles and sections

as may be necessary to clearly identify the subject and intent of the

legislation.

4.03. Notice. Prior to adoption or amendment of ordinances, the Tribal Council

shall present the draft ordinance for Public Comment.

a. Posting Notice. The Tribal Council shall present a notice of request for

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Ordinance # 04-100-07

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Public Comment which shall be posted on the Tribal Council’s “Public

Comment” internet site for Ordinances, and physically at all Little River

Band Community and Tribal Office Locations by presenting such notice to

the main receptionist or other person responsible for posting notices for the

building. The Public Comment period shall be no less than 30 days.

b. Comments. The Tribal Council shall have all comments made included

in a draft of the ordinance which annotates all comments. Such annotations

may include responses, corrections, explanations or other comments. The

annotated ordinance shall be made available for copying by interested

parties.

c. Form of Comments. Individuals may present written testimony that may

be received via fax, e-mail, regular mail, or other method which can

reasonably be read and received on or before the closure of the Public

Comment period.

4.04. Final Work Session. The Tribal Council shall review the annotated ordinance

resulting from the Public Comment period in a final work session. At which time,

approval of final revisions, additions, or deletions will be made to the ordinance.

4.05. Adoption. The Tribal Council shall adopt ordinances by resolution which set

forth the following minimum information.

a. Whereas Sections. In the Whereas sections, the date of posting notice

and the date the final work session was held and the subject matter of the

ordinance.

b. Resolve Sections. In the Resolve sections, the following information in

separate resolves.

1. The name of the ordinance to be adopted.

2. The date the ordinance will be effective.

3. The parties who shall need specific notice of such ordinance for

implementation purposes.

4.06. Amendment. The Tribal Council shall adopt amendments to ordinances by

resolutions that contain substantially the same information as set forth in section

5.05. Further, such resolution shall contain, in the first Resolve, the text of all

amendments being adopted.

Article V. Emergency Action

5.01. Emergency. In the interests of protecting the health, safety, or welfare of the

Tribe, its members or the community, the Tribal Council may take emergency

action to amend or adopt an ordinance for a six month period. An emergency must

be imminent and not allow the normal rule making processes to be conducted

without causing or resulting in danger to the health, safety or welfare of the Tribe,

its members or the community. Such emergency action may include injury to

person, property, business, or finances.

5.02. Form of Action. The Tribal Council, upon presentation of a request to amend

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or adopt an ordinance, shall bring such matter forward at a regular, special or

emergency meeting in a timely manner. No emergency action can take place

without a resolution being presented. Such resolution shall clearly state the nature

of the emergency and the potential harm that could be caused by a failure to act, and

clearly stated amendments or directions which will be taken to avoid or lessen the

potential harm. No resolution may allow an emergency action to be in effect for

longer than six months.

5.03. Follow-up on Emergency Action. In all circumstances, the Tribal Council

shall review the emergency action during the six month period to determine the

effect of the emergency action, whether the action should be made permanent, and

receive comments by affected persons.

5.04. Extension. The Tribal Council may extend an emergency action for an

additional six months where it is in the best interests of the Tribe to do so. No

emergency action shall be in place for longer than one year.

Article VI. Publication

6.01. General. The Tribal Council shall cause to be published, either in paper or

electronic version, or both, a collection of all ordinances, and regulations of the

Tribe which shall be titled the “Little River Band of Ottawa Indians Tribal Code,”

and may be referred to as the “Tribal Code.” If made available in paper version, the

Code shall be available to the general public and shall be re-issued on a bi-annual

basis.

6.02. Organization. The Tribal Code shall be organized into two parts — ordinances

and regulations. The parts shall be further organized as follows.

a. Ordinances. ‘This part shall be organized in titles numbered with the

following subject matters:

100 - Government Operations;

150 - Commissions; Governmental Entities;

200 - Membership; Election;

300 - Judiciary;

400 - Law and Order;

500 - Environmental;

550 - Building; Construction;

600 - Employment;

700 - Programs;

800 - Business; Finance;

900 - Family.

Additional titles may be added from time to time as determined necessary

by Tribal Council.

b. Regulations. Regulations shall be organized as set forth for ordinances,

provided that the title numbers shall be preceded by the letter “R,” for

example — R100, R200, etc. Where no regulations exist, there shall be

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placed a blank sheet with the following text — “There are no regulations

promulgated for this Title in the Tribal Code.”

Article VII. Executive Order(s)

7.01. General. The Ogema, as an Office of Government created by the People of

Little River Band, is empowered to administer public policy, manage government

operations, and oversee other interests of the Tribe through the Execution of

Executive Orders. Absolute or complete compliance with this Article shall be

required in order for the Ogema’s Executive Orders to bear any weight or

enforceability.

7.02. Format-Title. Executive Orders shall be identified by a title that clearly sets

forth the subject of the order. Executive Orders shall be numbered in a manner that

identifies the year, date and sequential number of the order as follows:

Delegation of Disciplinary Oversight for Departmental Directors to the

Tribal Manager

Executive Order #11-1003-053

a. Where the title is: “Delegation of Disciplinary Oversight for

Departmental Directors to the Tribal Manager.”

b. Where the year is “11” for the year 2011;

c. Where the date is “1003” or October 3";

d. Where the sequential number “053” for the 53™ Executive order issued

for that calendar year.

7.03. Format-Content. Executive Orders shall include the following content:

a. Section 1. Constitutional or Statutory Authority to Act. This Section

shall identify the Constitutional delegation of authority to the Ogema and

the Tribal Council Ordinance, Motion or Resolution that enables the Ogema

to set forth the action He/She is executing.

b. Section 2. Purpose; Findings. This Section shall identify the general

purpose of the order and, in a separate section, the history or justification

for developing and executing the order.

c. Section 3. Specific Action. This Section shall identify the action being

ordered by the Ogema, in a concise statement, including its intended

application either on departments, entities, individuals or persons, with

specificity.

d. Section 4. Repeal. This section shall identify, by number and title, any

former Executive Order that by its adoption the present Executive Order

supersedes, in whole or in part.

e. All Other Sections. The remainder of the Order shall be organized from

the general to the specific, and contain separate Articles and sections as

may be necessary to clearly identify the subject and intent of the legislation.

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f. Effective Date, Expiration or Duration of the Order. Each Order must

include a statement of its Effective Date, the intended duration of the Order,

or in the alternative, the Expiration date on which the Order becomes null.

g. Original Signature and Date. The Ogema shall affix an original

signature to each Order by blue or black ink, and shall memorialize his/her

signature by affixing the date the Order was signed.

7.04. Notice. Prior to Execution of an Order, the Ogema shall present the draft

Order for Public Comment.

a. Posting Notice. The Ogema shall present a notice of request for Public

Comment which shall be posted on the Little River Band’s “Public

Comment” internet site for Government Publications, and physically at all

Little River Band Community and Tribal Office Locations by presenting

such notice to the main receptionist or other person responsible for posting

notices for the building. The Public Comment period shall be no less than

15 days. The Ogema shall send a copy of the draft Order to the Office of

Tribal Council Recorder.

b. Comments. The Ogema shall copy to the Tribal Council any public

comment that is received during the comment period.

c. Form of Comments. Individuals may present written testimony that may

be received via fax, e-mail, regular mail, or other method which can

reasonably be read and received on or before the closure of the Public

Comment period.

7.05. Amendment Prohibited. The Ogema is prohibited from amending Executive

Orders. The Ogema shall issue a new Executive Order, to supersede any existing

Executive Order, and shall indicate the Repeal of any former Executive Order in a

Section as defined by section 7.03(d).

7.06. Emergency Action. In the interests of protecting the health, safety, or welfare

of the Tribe, its members or the community, the Ogema may take emergency action

to execute an Order that has immediate effect. An emergency must be imminent

and not allow the normal public notice processes to be conducted without causing or

resulting in danger to the health, safety or welfare of the Tribe, its members or the

community. Such emergency shall be clearly stated within the Order at Section 2,

to justify the act.

7.07. Execution, Filing Requirements. The Ogema shall file every Executive Order

with the Office of the Recorder within three (3) days of its execution. The Recorder

shall then publish notice by way of Council Agenda that the Order(s) was received

and is on file in the public record of the Tribal Council.

Article VIII. Publication

8.01. General. The Ogema shall cause to be published, both in paper and

electronically on the public access area of the Tribal website, all Executive Orders

and Proclamations within three (3) days of execution. Executive Orders and

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Proclamations shall remain on the website until rescinded or amended.

Article IX. Prohibition-Orders Conflicting with Tribal Law Invalid

9.01 General. The Ogema, by way of limitations contained within the Constitution

of the Little River Band of Ottawa Indians, may only act within the subject matters

delegated to his/her specific duty and any Executive Order shall be in accordance

with, and not in conflict with, the Little River Band Constitution, existing Tribal

Law, or existing Council Resolution.

9.02. Prohibited Executive Orders. The Ogema shall not implement any Executive

Order that would impinge upon the Constitutional or independent authority of

another branch of Tribal Government, or invalidate, amend, or overturn any duly

adopted action of the Tribal Council, including but not limited to:

a. authorize the expenditure of Tribal Government funds that are not

approved by Tribal Council Resolution or included in the approved budget;

b. amend or modify any Employment Policy, Regulation or Standard

Operating Procedure approved by Tribal Council Resolution,

c. create, suspend, modify, or terminate any Tribal Program or Service to

the Tribal Membership approved by Tribal Council Resolution or funded in

the approved budget.

CERTIFICATION

I, Janine M. Sam, Tribal Council Recorder, do hereby certify that this is a true and correct

copy of the Administrative Procedures Act, Ordinance #04-100-07 adopted by the Tribal

Council on November 9, 2011.

Aid) CC ——

lf

Administrative Procedures Act

Ordinance # 04-100-07

Adopted - November 9, 2011 by Resolution # 1 1-1109-379

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