WAGANAKISING ODAWAK STATUTE # 2024-____

WAGANAKISING ODAWAK STATUTE # 2024-____

LEGISLATIVE PROCEDURES

SECTION I.

PURPOSE

This Statute establishes the procedures to make laws in accordance with the Little

Traverse Bay Bands of Odawa Indians Constitution. This Statute repeals and replaces

Waganakising Odawak Statutes 2018-007, 2013-011, and 2005-10 or as amended and

any previous Statute, Resolution, Regulation, or Policy language with regard to the same.

SECTION II.

DEFINITIONS

A.

“Business Day” means Monday through Friday, except for holidays, or when the

office is closed due to an emergency.

B.

“Codification” means the arrangement of statutes into a systematic code.

C.

“Executive” means the executive branch of government under Article VIII of the

Little Traverse Bay Bands of Odawa Indians Constitution.

D.

“LTBB” or “Tribe” means the Little Traverse Bay Bands of Odawa Indians.

E.

“Sponsor” means the Tribal Council member who is proposing a statute for

consideration of Tribal Council.

F.

“Statute” means a law enacted by Tribal Council.

G.

“Tribal Citizen” means an enrolled member of the Little Traverse Bay Bands of

Odawa Indians.

H.

“Tribal Council” means the legislative branch of government under Article VII of

the Little Traverse Bay Bands of Odawa Indians Constitution.

1 of 6

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________

SECTION III.

GENERAL LAWMAKING PROCESS

A.

A Tribal Council member sponsoring a proposed statute may, on their own

initiative or on behalf of a Tribal Citizen, request it to be placed on a Tribal Council

meeting the agenda for consideration of a motion to post to the Tribal website.

B.

A Tribal Citizen may propose a Statute or an amendment to an existing Statute.

Tribal Council will have sixty (60) days to consider whether or not to post the proposed

Statute to the LTBB website.

C.

After sixty (60) days, any Tribal Council member may choose to sponsor the

proposed Statute. The sponsoring Tribal Council member(s) and Tribal Citizen(s) names

shall be included with the posting on the LTBB website.

D.

Following a successful motion, the proposed statute shall be posted to the LTBB

website for a minimum of twenty-five (25) business days for public comment.

E.

After considering any written or verbal statements submitted by Tribal Citizens

during the twenty-five (25) day public comment period, Tribal Council may entertain a

motion to pass the proposed statute. If any substantive changes are made to the proposed

statute following the public comment period, the revised version must be posted on the

Tribal website for at least ten (10) additional business days and additional public

comments considered by Tribal Council before a motion to pass the revised version is

entertained.

F.

Passage of a proposed statute shall require a majority vote of the Tribal

Councilors present at the meeting in which a vote is taken.

G.

Statutes shall automatically be removed from posting on the LTBB website, if any

of the following occur:

1.

Not passed by Tribal Council after three-hundred and sixty-five (365) days

of posting on the website.

2 of 6

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________

2.

Not approved by Tribal Council after being placed on a Tribal Council

agenda and the motion for passage either fails or the motion fails for lack of

support.

SECTION IV.

EMERGENCY LAWMAKING

In the event that immediate legislative action is necessary to preserve or promote the

rights or resources of the Tribe or its Citizens, a statute may be passed at the same

meeting that it is introduced, or at a special meeting called for that purpose. An

emergency statute shall require a unanimous vote of all Tribal Council members present

at such meeting where no more than two sitting Tribal Council members are absent.

SECTION V.

CERTIFICATION AND NUMBERING

A.

Proof of passage of a Tribal statute shall be by written certification signed by both

the Tribal Legislative Leader and the Tribal Secretary. The certification shall state at a

minimum the date of passage, that a quorum of the Council was present, and a roll call

record of the vote.

B.

All enacted statutes shall be titled “Waganakising Odawak Statute” followed by a

seven (7) digit number. The first four (4) digits will be the year of the enactment. The

last three (3) digits will specify the chronological order in which statutes are enacted in a

given year, separated by a hyphen. For example, the first statute passed in 2024 will be

Waganakising Odawak Statute 2024-001.

SECTION VI.

SUBMISSION TO EXECUTIVE

A.

Upon passage and written certification of any statute by the Tribal Council, the

Tribal Council Secretary or designee shall send the certified original to the Executive for

signature. Statutes shall be enacted into law upon approval by signature of the Executive,

or if not expressly vetoed by the Executive within thirty (30) days of submission to the

Executive.

3 of 6

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________

B.

If the Executive approves the statute, then the Executive shall indicate such by

either a dated signature or a dated stamp mark on the certified original document. If the

Executive vetoes the statute, then the Executive shall indicate such by either a dated

signature or a dated stamp mark on the certified original document.

C.

The Executive shall submit the certified original document with either the dated

approval or dated veto to the Legislative Office by the next business day that the Tribal

Offices are open.

D.

If the Executive vetoes a proposed Statute, the Statute shall not become enacted

law unless the Tribal Council, by an affirmative vote of seven (7) members of the Tribal

Council, votes to override the veto.

E.

The vote of Tribal Council to override a veto shall occur within ninety (90) days of

receipt of the veto from the Executive. If Tribal Council fails to act on the veto override

within this set time period, the veto shall stand.

F.

The vote by Tribal Council to override the veto shall only occur if there are seven

(7) Tribal Councilors present at the time of the vote.

G.

Tribal Council shall only vote one time to override the veto. If the vote for the

veto override fails, then the veto stands.

SECTION VII.

INITIATIVE AND REFERENDUM

The process for initiative and referendum is set out in Article XIV of the LTBB

Constitution.

SECTION VIII.

COMPILATION

A.

All enacted statutes of the Little Traverse Bay Bands of Odawa Indians shall be

listed in chronological order on the LTBB website and shall also be available in

chronological order at the Legislative office.

4 of 6

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________

B.

One original signed copy of the enacted statute shall be kept in the Legislative

office and one original signed copy shall be kept in the Executive office.

C.

The Legislative Services Attorney shall oversee the codification and

maintenance of the Tribe’s current laws on the LTBB website. The Code shall be

organized in a user-friendly manner.

SECTION IX.

SEVERABILITY

If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for

any reason, held invalid or unconstitutional by any court of competent jurisdiction, such

portion shall be deemed a separate, distinct and independent provision and such holding

shall not affect the validity of the remaining portions thereof.

SECTION X.

EFFECTIVE DATE

Effective upon signature of the Executive or thirty (30) days from Tribal Council

approval, whichever comes first, or if the Executive vetoes the Statute, then upon Tribal

Council override of the veto.

5 of 6

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________

CERTIFICATION

As the Tribal Council Legislative Leader and Tribal Council Secretary, we certify that this

Statute was duly adopted by the Tribal Council of the Little Traverse Bay Bands of Odawa

Indians at a regular meeting of the Tribal Council held on August 22, 2024 at which a quorum

was present, by a vote of 7 in favor, 0 opposed, 0 abstentions, and 2 absent as recorded

by this roll call:

In Favor

Fred Kiogima

Tamara Munson

William Ortiz

Aaron Otto

Melissa Pamp

Jordan Shananaquet

Leroy Shomin

Emily Proctor

Marcella Reyes

Opposed

Abstained

Absent

X

X

X

X

X

X

X

X

X

Date:

Marcella Reyes, Legislative Leader

Date:

Emily Proctor, Tribal Council Secretary

Received by the Executive Office on

by

Pursuant to Article VII, Section D, Subsection 1 of the Little Traverse Bay Bands of Odawa

Indians Constitution adopted on February 1, 2005 the Executive concurs in this action of the

Tribal Council.

Date:

Regina Gasco, Tribal Chairperson

Received from the Executive on

6 of 6

by

Waganakising Odawak Statute: Legislative Procedures

Secretary Emily Proctor ________