Little Traverse Bay Bands of Odawa Indians (2006)

Waganakising Odawak

Little Traverse Bay Bands of Odawa Indians

Frank Ettawageshik, Tribal Chairman

7500 Odawa Circle, Harbor Springs, Michigan 49740

Phone 231-242-1401 © Fax 231-242-1412

Executive Veto of the Legislative Procedures Statute 2006-025

Passed by Tribal Council on October 22, 2006

1 am in support of this legislation and find that in concept it is an improvement in the

Tribal Government legislative process over the existing statute. However, due to several

irregularities in the drafting of the version that has arrived on my desk, I am vetoing this statute

and sending it back to Tribal Council with the hopes that a similar version will be adopted and

corrections and/or changes will be made to fix the irregularities.

Some of the most obvious irregularities are: 1) in Section IV, A (2) it appears that the

number “3” has been placed in the middle of a sentence thus causing potential confusion; 2) in

Section IV, A (3) the numbering is repeated with two section (3)’s; and, 3) in Section VI at the

bottom of page 3 a bracketed notation with a question mark has been included.

I do also have concerns with Section XI Restrictions “Non-legislative employees or staff

shall be prohibited from writing legislation or using work time to influence legislative policy.”

While I understand the intent of this section I believe that as written it is too broad and may well

be unconstitutional.

L also would like to see a section added that addresses how vetoed legislation will be

handled. For instance, it is clear that Tribal Council can override a veto. However, can Tribal

Council take up a vetoed piece of legislation and amend it and pass it as amended without

reposting it and placing it on the legislative calendar? This could be cleared up by the addition of

language that provides guidance on this issue.

In any case, due to the concerns laid out above I am issuing a veto for this legislation as

passed by the Tribal Council. I understand that among the Council’s choices upon receipt of this

veto are to attempt to override the Executive’s veto, or to prepare and adopt a revised version of

the legislation that addresses the Executive’s concerns. If the latter course of action is taken |

would welcome a revised version and expect to be fully supportive of it.

Prepared and signed November 2, 2006

Ahk Meavagll

Frank Ettawageshik, Tribal Chairman

WAGANAKISING ODAWAK STATUTE 2006-025

LEGISLATIVE PROCEDURES

SECTION I PURPOSE

This Statute establishes uniform terminology and procedures forthe consideration,

SECTION II DEFINITIONS

A. "Election Cycle" means the two (2) year peri

XII (A).

B. “Executive” means the Executive

Constitution the power of which is

SECTION II TERMINOLOGY AND NUMBERING; RETROACTIVE NAMING

AND NUMBERING

A. Legislative enactments of the Little Traverse Bay Bands of Odawa Indians shall be titled

“Waganakising Odawak Statute” followed by a unique number. Statutes shall be identified 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. For

example, the first statute enacted in 1996 will be Waganakising Odawak Statute 1996001.

WOS 2006-025 Legislative Procedures

Page 1 of 6

B. All legislative enactments of the Tribal Council of the Little Traverse Bay Bands of Odawa

Indians since adoption of the Tribal Constitution and By-laws on March 11, 1989, are hereby

named and numbered according to the system set out in Section III A.

SECTION IV INTRODUCTION AND PASSAGE OF STATUTES

A. Introduction by Tribal Council, Tribal Chairman, or Tribal Citizen

e to place

ew draft,

eting may

statute or a

1. Any member of the Tribal Council at any regular Council m

a proposed legislation, which may involve a revision of an ¢

2. Proposed legislation may also be prepared.an ibal Chairman, or

any Tribal Citizen, by providing their typed or sed legislation

in a Tribal Council approved format to th . ibal Council shall

designate one of its members or as the submitter, date of

submission, and a unique numbe 0 r 1 legislation. Each Tribal

Council member will receive islation. Consideration to place

the

3. Proposed legislation

submission. After c

occur within thirty days of

ay at its discretion, by majority vote, place

r. Ifa majority vote is not made within

thirty days, the be placed on the legislative calendar. Tribal Council

shall mainta: icating the date considered; and action taken.

3. The ny, shall be identified upon introduction of the

pro not necessarily the original author of the proposed

legislation.

B. Notice to Tribal Citizens. When proposed legislation is placed on the legislative calendar

under Section IV A, Tribal Council shall notify citizens by posting the proposed legislation in the

Odawa Register, in Tribal governmental office buildings, and other readily available methods of

publication, such as a tribal newsletter. The Tribal Council will consider passage of the

proposed legislation no sooner than the next regularly scheduled meeting at least twenty five (25)

days from its introduction. Written comments may be submitted to the Tribal Council at any

time prior to passage. Verbal comments will be heard during any public comment period prior to

passage of the legislation.

C. Passage. When the Council considers a proposed legislation that has been placed on the

WOS 2006-025 Legislative Procedures

Page 2 of 6

legislative calendar, the Council may vote on the draft statute as presented or hold one or more

legislative mark-up sessions. If the draft statute is modified, except for spelling and formatting,

it shall be reposted and shall not be acted upon until after the next regularly scheduled Tribal

Council meeting. Upon conclusion of discussion, and/or modification period the Legislative

Leader shall request a motion and a second to pass the draft statute as marked-up or as originally

presented if no changes were made. If such motion is made and seconded, the Legislative

e legislative action is absolutely

Tribe or citizens, a statute may be

the legislative calendar, or at a

ever, such emergency passage shall require a

present at such meeting where no more than one

passed at the same meeting th

special meeting called for

tive Leader and the Tribal Council Secretary. The certification shall state

assage, that a quorum of the Council was present, and a roll call

Tribal Counci

at a minimum the

record of the vote.

SECTION VI SUBMISSION TO EXECUTIVE; ENACTMENT

Upon passage and certification of draft statutes by the Tribal Council, the Tribal Council

Secretary, or designee, shall submit the certified original to the Executive for signature. The

draft statue 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. If expressly vetoed by

written signature of the Executive within thirty (30) days of submission, such vetoed statute shall

not become enacted law unless the Tribal Council, by an affirmative vote of seven (7) members

of the Tribal Council [in the same Election Cycle (?)], votes to override a veto by the Executive.

WOS 2006-025 Legislative Procedures

Page 3 of 6

SECTION VII: AUTHENTICATION

Upon enactment of statutes, the Tribal Council Secretary shall affix the Tribal Seal to the

original statute authenticating this copy to be the original document.

SECTION VIII INITIATIVE AND REFERENDUM

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

SECTION IX COMPILATION

Judicial Branch office, and one copy shall be

Secretary.

C. Statutes that are amended or rep

A. The Odawa i i The Executive Branch will maintain the Odawa

Register and shall c i egister web pages whose content is solely dedicated

to the Leg ch, Judicial Branch, and the Election Board. The

followi d and posted on the Odawa Register

1. pending n and legislative history,

2. draft Tribal Couneil meeting minutes and approved minutes,

3. posting notices for appointed positions in Tribal government,

4. approved intergovernmental agreements and accords,

5. approved minutes from Tribal Commissions, Boards, and Committees, except for

minutes of closed sessions as authorized by the LTBB Constitution or statutes,

6. the compiled LTBB laws in a Tribal Code, which shall be updated at least quarterly,

7. regulations,

8. notices or documents deemed to be appropriate by any of the branches of tribal

WOS 2006-025 Legislative Procedures

Page 4 of 6

government.

B. The Odawa Register shall be located on the LTBB official website if such a site exists, and if

it does not exist, it shall be located on a website dedicated to the Odawa Register.

C. The Tribal Council may authorize the publication of the full or abbreviated minutes of its

meetings in a Tribal publication such as a newsletter.

SECTION XI RESTRICTIONS

Non-legislative employees or staff shall be prohibi or using

work time to influence legislative policy.

SECTION XII SEVERABILITY

Executive, or 30 days from submission to the

s the legislation, then upon Tribal Council override of

WOS 2006-025 Legislative Procedures

Page 5 of 6

CERTIFICATION

As Tribal Council Legislative Leader 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 October 22, 2006 at which a quorum was present,

by a vote of 8 in favor, 0_ opposed, 0 abstentions, and _1_ absent as recorded by this roll

call:

Opposed é i Absent

°

ij

Regina Gasco Bentley

Fred Harrington, Jr.

Dexter McNamara

Mary Roberts

Rita Shananaquet

Alice Yellowbank

Shirley Oldman

Melvin L. Kiogima

Beatrice A. Law

zy) j geu

>| >d] dd] ><] def oe

Date:

Date:

i Ka a4

Melvin L. Kiogima, Secretary “

[o-24-9¢ by Fee Fat

a

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 Coung)

Date:

Frank Ettawageshik, Tribal Chairperson

“he 2006

WOS 2006-025 Legislative Procedures

Page 6 of 6