LEG-336 sponsored by Councilor Aaron Otto

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WAGANAKISING ODAWAK STATUTE 202418-XXX007

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

Statute 2018-007and any previous Statute, Resolution Regulation or Policy language with regard

to the same..establishes uniform terminology and procedures for the consideration, enactment,

certification, naming, numbering and filing of legislation, and authorizes the Executive power of

veto. This Statute repeals and replaces Waganakising Odawak Statute 2005-10 and WOS 2013011, or as amended.

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SECTION II.

B.A.

DEFINITIONS

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

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when the office is closed due to an emergencyfor Emergency Closing.

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

Closing” mean when the office is closed for events related to severe weather, fires, or power

failures, or other safety or welfare conditions.

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D.C.

“Executive” means the eExecutive bBranch of government under Article VIII of the

Little Traverse Bay Bands of Odawa Indians Constitution the power of which is vested in the

Tribal Chairperson and the Vice-Chairperson.

E.D.

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

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LEG-336 sponsored by Councilor Aaron Otto

“Proposed Statute” means a new Statute or an amendment to an existing Statute.

“Sponsor” or “Sponsoring” means the Tribal Council member who is proposing the

draft Statutea statute for consideration of Tribal Council.

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G.F.

“Statute” means a law enacted by Tribal Council.

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

Indians.

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

Little Traverse Bay Bands of Odawa Indians Constitution.

“Tribal Council” or “Council” means the elected body of the Little Traverse Bay Bands

of Odawa Indians to carry out legislative powers under Article VII of the Constitution.

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“Tribal Council Agenda” means agenda that is approved by Tribal Council motion at a

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Tribal Council meeting where a quorum is present.

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“Tribal Website” means the LTBB governmental website, http://www.ltbbodawansn.gov.

SECTION III.

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TERMINOLOGY and NUMBERING

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Statutes that are enacted by Little Traverse Bay Bands of Odawa Indians shall be titled

“Waganakising Odawak Statute”.

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Each enacted Statute will receive a unique number. The unique number shall be 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 1996 will be Waganakising

Odawak Statute 1996-001.

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Secretary Kiogima ________

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LEG-336 sponsored by Councilor Aaron Otto

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SECTION IIIV.

GENERAL LAWMAKING PROCESSPROPOSED STATUTES and

SPONSORS

A Tribal Council member sponsoring, at a Regularly Scheduled Tribal Council

meeting, may request a proposed Statute a proposed statute may, on their own initiative or on

behalf of a Tribal Citizen, request that it to be placed on f a Tribal Council Mmeeting the

Aagenda foragenda for consideration of a motion to post to the Tribal website.

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During the Tribal Council Meeting at which a proposed statute is considered, a motion may be

made to post it posting on the LTBB website for public comment. The proposed statute, along

with the name of the sponsoring Tribal Councilor(s), shall be posted if a majority of the Tribal

Councilors present at the meeting vote to approve the motion.

Such proposed Statutes may be in the form of an amendment to an existing Statute or

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a new Statute. All proposed Statutes shall include the name of the sponsoring Tribal Council

member(s).

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

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

the LTBB website.

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.

SECTION V. POSTING OF PROPOSED STATUTES for PUBLIC COMMENT

All proposed StatutesFollowing 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. Written comments will be submitted to Tribal Council for consideration prior to

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numbers

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passage of a proposed Statute. Verbal comments will be heard at any Regularly Scheduled

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Tribal Council meeting, during a Public Comment period.

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After considering any written or verbal statements submitted by Tribal Citizens during

the 25-day public comment period, Tribal Council may entertain a motion to enactpass the

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LEG-336 sponsored by Councilor Aaron Otto

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 enactpass the revised version is entertained.

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

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

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Proposed s

If at any time there is substantial changes to the proposed Statute, Tribal Council may

repost the proposed Statute to the Tribal website. For Statutes that are reposted, Tribal

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Council may take action sooner than a minimal of twenty-five (25) days of posting.

C.G.

Proposed SStatutes shall automatically be removed from posting on the LTBB

website, if any of the following occur:

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Not approved passed by Tribal Council after three-hundred and sixty-five

(365) days of posting on the website.

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

agenda and the motion for enactmentpassages either fails or the motion fails for

lack of support.

SECTION IVVI.

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EMERGENCY LAWMAKINGSTATUTES

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

rights or resources of the Tribe or its Citizens, a sStatute may be passed at the same meeting that

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

sStatutes shall require a unanimous vote of all Tribal Council members present at such meeting

where no more than one two sitting Tribal Council members are is absent.

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SECTION VII.

CERTIFICATION AND NUMBERING

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

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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.

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

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(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 VIII.

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SUBMISSION TO EXECUTIVE

Upon passage and written certification of any sStatute 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.

If the Executive approves the sStatute, 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 sStatute, then the Executive shall indicate such by either a dated signature or a dated

stamp mark on the certified original document.

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.

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.

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.

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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.

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

override fails, then the veto stands.

SECTION VIIIX.

INITIATIVE AND REFERENDUM

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

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SECTION VIIIX.

COMPILATION

All enacted sStatutes 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.

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

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

The Legislative Services Attorney shall oversee the codification and maintenance of

Athe Tribe’s codified version of the current laws will also be available on the LTBBTribal

website. The Code shall be organized in a user friendlyuser-friendly manner.

SECTION XIX.

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.

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LEG-336 sponsored by Councilor Aaron Otto

SECTION XII.

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 Statutelegislation, then upon Tribal Council

override of the veto.

CERTIFICATION

SECTION XIII.

OTHER RELATED STATUTES

See WOS 2015-019 Administrative Procedures Act, and WOS 2010-009 Public Documents

Statute, or as may be amended.

CERTIFICATION

As the 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 April 7, 2018 at which a quorum

was present, by a vote of __9__ in favor, __0__ opposed, __0__ abstentions, and __0__ absent

as recorded by this roll call:

In Favor

Frank Bernard

David Harrington

Dexter McNamara

Emily Proctor

Julie Shananaquet

Shanna Wemigwase

Marcella Reyes

Tamara Kiogima

Fred Harrington, Jr.

Opposed

Abstained

Absent

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Secretary Kiogima ________

LEG-336 sponsored by Councilor Aaron Otto

Date:

Legislative Leader Fred Harrington, Jr.

Date:

Secretary Tamara Kiogima

Received by the Executive Office on

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 Bentley, Tribal Chairperson

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.