WAGANAKISING ODAWAK STATUTE 2015-014

WAGANAKISING ODAWAK STATUTE 2015-014

OPEN MEETINGS OF THE TRIBAL COUNCIL

SECTION I. PURPOSE

The purpose of this Statute is to mandate that all Regular, Special and Emergency

meetings of the Little Traverse Bay Bands of Odawa Indians Tribal Council with the

exception of phone conference calls and closed sessions be open to Tribal Citizens

pursuant to Constitutional Article VII J (8) and provide a reasonable opportunity for

Tribal Citizens to be heard.

SECTION II. REPEAL

This Statute repeals and replaces Waganakising Odawak Statute 2010-010, and 2000-014

Open Meetings.

SECTION II. DEFINITIONS

A. “Immediate Family” or “Family member” means a person who is related to a

Tribal Citizen by one of the following relationships: wife, husband, son, daughter,

mother, father, brother, sister, step-mother, step-father, step-brother, step-sister, father-inlaw, mother-in-law, child, step-child, grandmother, grandfather, brother-in-law and sister-

in-law.

B. “Official Act” means to take action to approve or disapprove.

Cc. “Public” means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and

their immediate family members.

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

Odawa Indians.

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E. “Tribe” shall mean Little Traverse Bay Bands of Odawa Indians.

SECTION Iv. REGULAR, SPECIAL AND EMERGENCY MEETINGS

A. Regular Meetings: In accordance with the Constitution, Tribal Council shall hold

at least one (1) regularly scheduled meeting each month but may schedule additional

meetings as needed.

B. Special Meetings: Tribal Council may between regularly scheduled meetings

hold a special meeting.

Cc. With the exception of emergency action described in subsection (D), all official

action must take place at regular and special meetings properly called.

D. Emergency Meeting: In situations when immediate official action of the Tribal

Council is necessary to preserve or promote essential interests of the Tribe.

SECTION V. OPEN MEETINGS

A. Pursuant to constitutional Article VIL, J (8), all meetings of Tribal Council except

phone conferences and closed sessions are open to all Tribal Citizens. By majority vote,

the Tribal Council may exclude any one who is not within the definition of public from

all or part of a meeting.

B. All others excluding official business of Tribal employees, and appointed officials

who request attendance at any Tribal Council meeting must contact a Tribal Councilor

who shall forward such request to all of the Tribal Council members.

SECTION VE. PUBLIC COMMENT PERIOD

The following rules shall apply to public comment:

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A. Tribal Council shall allow for at least one public comment period per regularly

scheduled meeting. Tribal Council shall allow for a reasonable amount of time for

comments from the public but may limit such time for comments as necessary to conduct

business.

B. Only the individuals within the definition of public may provide comment during

public comment period.

Cc. Tribal Council shall only accept verbal comments from individuals physically

present for the public comment period.

D. Written public comments will be accepted by the Legislative Office. All

comments must be in writing and shall be open to review within the Legislative Office in

accordance with any laws regarding such documents.

E. Initiatives and referendums shall go through the proper legislative procedures.

F, Unruly behavior, abusive language, or any personal attacks will not be tolerated.

If unacceptable behavior occurs, a person may be requested to leave by consensus of

Tribal Council.

G. Tribal Council will not accept comments nor discuss matters that are under

investigation or are being adjudicated before an administrative or judicial tribunal.

H. Tribal Council will not accept comments nor discuss matters that relate to the

following:

1. Personnel matters

2. Personal information affecting an individual’s privacy, including

personnel matters or medical conditions or similar matters that constitute a

clearly unwarranted invasion of personal privacy unless it pertains to the

Tribal Citizens who is raising the matter.

2. Matters covered by attorney client privilege.

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3. Matters considered confidential by other Statutes.

4. Matters regarding confidential business or legal matters of the Tribe or a

Tribal Citizen.

5. Matters that could impair a criminal investigation.

SECTION VIL. CLOSED SESSION

When necessary to protect the interests of the Tribe and fulfill its responsibilities to the

Tribal Citizenship, Tribal Council may by motion and majority vote of a quorum, go into

closed session during a regular, special or emergency meeting.

A. Tribal Council shall not discuss anything in closed session beyond the scope of

the matters for which the close session was called. Closed session shall be limited to:

1: Personnel under the authority of Tribal Council.

2. Litigation.

3. Confidential business matters.

4. Legal matters.

5. Other matters that raise significant privacy or confidentiality concerns.

B. Tribal Council shall return to open session immediately upon completion of the

close session discussions. Any action considered in closed session that can be taken in

open session without harming Tribal interests shall be taken after the Tribal Council

returns to open session.

SECTION VIII. SAVINGS CLAUSE

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In the event that any phrase, provision, part, paragraph, subsection or section of

this statute is found by a court of competent jurisdiction to violate the Constitution, laws

or ordinances of the Little Traverse Bay Bands of Odawa Indians, such phrase, provision,

part, paragraph, subsection or section shall be considered to stand alone and to be deleted

from this statute, the entirety of the balance of the statute to remain in full and binding

force and effect.

SECTION IX. EFFECTIVE DATE

Effective upon signature of the Executive or 30 days from Tribal Council approval which

ever comes first or if the Executive vetoes the legislation, then upon Tribal Council

override of the veto.

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* Beatrice A. Law

CERTIFICATION

As the Tribal Council Treasurer and Tribal Council Secretary, we certify that this

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

Odawa Indians at a regular meeting of the Tribal Council held on July 23, 2015 at

which a quorum was present, by a vote of 7 in favor, 0 opposed, 0 abstentions, and 0

absent as recorded by this roll call:

In Favor Opposed Abstained Absent

Bill A. Denemy x

John W. Keshick III

Michael J. Naganashe

Aaron Otto

Winnay J. Wemigwase

Julie A. Shananaquet

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Marcella R. Reyes

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Date: 7 -43-/S Vyitlle K Fotis

Marcella R. Reyes, Treasurer

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Date: 4) ASE er vane Lay Ada tic

Julie A. Shananaquet, Secrgary

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Received by the Executive Office on = a4{-} S by \ A: \_| C

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.

Kvana asen Be. He

Date: ier

Regina asco Bentley, Tribal Chairperson

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