# TITLE VI. GOVERNMENT AND

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A824d9509a4277ddd

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

WAGANAKISING
ODAWA

TRIBAL CODE of LAW
TITLE VI. GOVERNMENT AND
ADMINISTRATION
2024.2

WAGANAKISING ODAWA TRIBAL CODE of LAW
TABLE OF CONTENTS
TITLE VI. GOVERNMENT AND ADMINISTRATION ....................................................... 1
Chapter 1. Legislative Procedures.............................................................................................. 1
Codification Note: This repeals and replaces WOS 2005-10 and WOS 2013-011
Amendment ........................................................................................................... 1
6.101
PURPOSE .............................................................................................................. 1
6.102
6.103

DEFINITIONS ...................................................................................................... 1
TERMINOLOGY ................................................................................................. 2

6.104
6.105
6.106
6.107
6.108
6.109
6.110
6.111

PROPOSED STATUTES and SPONSORS ....................................................... 2
POSTING OF PROPOSED STATUTES for PUBLIC COMMENT .............. 3
EMERGENCY STATUTES ................................................................................ 4
CERTIFICATION ................................................................................................ 4
SUBMISSION TO EXECUTIVE ........................................................................ 4
INITIATIVE AND REFERENDUM .................................................................. 5
COMPILATION ................................................................................................... 5
SEVERABILITY .................................................................................................. 6

6.112
EFFECTIVE DATE.............................................................................................. 6
6.113
OTHER RELATED STATUTES ........................................................................ 6
Chapter 2. Administrative Procedures Act ............................................................................... 8
6.201
PURPOSE .............................................................................................................. 8
Codification Note: Repeals and Replaces WOS 2008-001......................................................... 8
6.202
DEFINITIONS ...................................................................................................... 8
6.203
TRIBAL REGULATION ..................................................................................... 9
6.204
REQUIREMENTS OF TRIBAL REGULATIONS .......................................... 9
6.205
ADMINISTRATIVE PROCEDURES .............................................................. 10
6.206
6.207
6.208
6.209
6.210
6.211

REQUIREMENTS OF ADMINISTRATIVE PROCEDURES...................... 11
DEPARTMENTAL PROCEDURES ................................................................ 11
EXECUTIVE MANDATES ............................................................................... 12
EXECUTIVE DIRECTIVES AUTHORIZED ................................................ 13
TRIBAL COUNCIL DIRECTIVES AUTHORIZED ..................................... 13
TRIBAL LAW..................................................................................................... 13
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6.212
TRIBAL MOTION and CERTIFICATION .................................................... 16
6.213
TRIBAL COUNCILOR TRIBUTES AND DECLARATIONS ..................... 18
6.214
DELEGATION OF POWERS .......................................................................... 18
6.215
ELECTRONIC FILING .................................................................................... 19
6.216
SEVERABILITY ................................................................................................ 19
6.217
EFFECTIVE DATE............................................................................................ 19
Chapter 3. Tribal Government Budget Formulation and Modification Process ................. 20
6.301
PURPOSE AND SHORT TITLE ...................................................................... 20
6.302
DEFINITIONS .................................................................................................... 20
6.303
6.304

FISCAL YEAR.................................................................................................... 22
APPROPRIATION AND FINANCE COMMITTEE ..................................... 22

6.305
6.306
6.307
6.308
6.309
6.310
6.311
6.312

ANNUAL BUDGET CALENDAR .................................................................... 22
ANNUAL MEETING ......................................................................................... 23
BUDGET PROCEDURES ................................................................................. 23
GENERAL FUND REVENUES ANNUAL BUDGET .................................... 24
COST RECOVERY FUND ANNUAL BUDGET ............................................ 24
GRANT/FEDERAL CONTRACT BUDGET .................................................. 25
BUDGET SUBMISSIONS ................................................................................. 25
BUDGET HEARINGS ....................................................................................... 26

6.313
6.314
6.315
6.316
3.617
6.318
6.319
6.320
6.321

APPROVAL PROCESS ..................................................................................... 26
ALLOCATION OF GENERAL FUND BALANCE ....................................... 27
SUPPLEMENTAL FUNDING PROCESS ...................................................... 28
BUDGET MODIFICATIONS ........................................................................... 29
ADDITIONAL REVENUES .............................................................................. 30
EMERGENCY BUDGETS/RECISSIONS....................................................... 30
SYSTEMATIC REDUCTIONS OF BUDGETS .............................................. 30
CHECK SIGNERS ............................................................................................. 31
SAVINGS CLAUSE............................................................................................ 31

6.322
EFFECTIVE DATE............................................................................................ 31
6.323
OTHER RELATED STATUTES ...................................................................... 31
Chapter 4. Reserved.................................................................................................................... 32
Chapter 5. Reserved.................................................................................................................... 33
Chapter 6. Reserved.................................................................................................................... 34
Chapter 7. Lewis and Doris Adams’ Tribal Holiday .............................................................. 35
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6.701
SHORT TITLE AND PURPOSE ...................................................................... 35
6.702
AKNOWLEDGEMENTS AND FINDINGS .................................................... 35
6.703
CREATION OF ADAMS HOLIDAY............................................................... 37
6.704
SAVINGS CLAUSE............................................................................................ 37
6.705
EFFECTIVE DATE............................................................................................ 37
Chapter 8. Tribal Sovereignty Day .......................................................................................... 39
6.801
DECLARATION OF SOVEREIGNTY DAY .................................................. 39
Chapter 9. Reserved.................................................................................................................... 40
Chapter 10. Open Meetings ...................................................................................................... 41
6.1001
6.1002

PURPOSE ............................................................................................................ 41
REPEAL .............................................................................................................. 41

6.1003
DEFINITIONS .................................................................................................... 41
6.1004
REGULAR, SPECIAL AND EMERGENCY MEETINGS ........................... 42
6.1005
OPEN MEETINGS ............................................................................................. 42
6.1006
PUBLIC COMMENT PERIOD ........................................................................ 43
6.1007
CLOSED SESSION ............................................................................................ 44
6.1008
SAVINGS CLAUSE............................................................................................ 45
6.1009
EFFECTIVE DATE............................................................................................ 45
Chapter 11. Reserved.................................................................................................................. 46
Chapter 12. Reserved.................................................................................................................. 47
Chapter 13. Tribal Treasurer Responsibility .......................................................................... 48
6.1301
PURPOSE ............................................................................................................ 48
6.1302
DEFINITIONS .................................................................................................... 48
6.1303
CONSTITUTIONAL DUTIES OF THE TREASURER ................................. 48
6.1304
REPORTING REQUIREMENTS..................................................................... 48
6.1305
OTHER DUTIES REQUIRED BY THE TRIBAL COUNCIL ....................... 49
6.1306
AUTHORITY OF THE COMMITTEE ........................................................... 50
6.1307
SAVINGS CLAUSE ............................................................................................ 51
6.1308
EFFECTIVE DATE ............................................................................................ 51
Chapter 14. Reserved.................................................................................................................. 52
Chapter 15. Reserved.................................................................................................................. 53
Chapter 16. Reserved.................................................................................................................. 54
Chapter 17. Reserved.................................................................................................................. 55
Chapter 18. Reserved.................................................................................................................. 56
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Chapter 19. Public Documents ................................................................................................. 57
6.1901
PURPOSE ............................................................................................................ 57
6.1902
REPEAL OF PREVIOUS LAW and REGULATIONS.................................. 57
6.1903
DEFINITIONS .................................................................................................... 57
6.1904
RIGHTS OF TRIBAL CITIZENS .................................................................... 58
6.1905
OPEN TO DISCLOSURE.................................................................................. 58
6.1906
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE .......................... 58
6.1907
ACCESS FOR REVIEW .................................................................................... 59
6.1908
REVIEW OF DOCUMENTS ............................................................................ 60
6.1909
6.1910

REQUIRED REGULATIONS .......................................................................... 61
LIMITED WAIVER OF SOVEREIGN IMMUNITY ..................................... 61

6.1912
SAVINGS CLAUSE............................................................................................ 63
6.1913
EFFECTIVE DATE............................................................................................ 63
Chapter 20. Application of Foreign Law ................................................................................. 64
6.2001
PURPOSE ............................................................................................................ 64
6.2002
APPLICATION OF FOREIGN LAW .............................................................. 64
6.2003
SOVEREIGN IMMUNITY................................................................................ 64
6.2004
EFFECTIVE DATE............................................................................................ 64
Chapter 21. The Tribal Emblem and Seal of the Waganakising Odawak Nation ............... 66
Codification Note: This repeals and replaces WOS 2006-015 ................................................ 66
6.2102
DEFINITIONS .................................................................................................... 66
6.2103
TRIBAL EMBLEM ............................................................................................ 66
6.2104
TRIBAL SEAL .................................................................................................... 67
6.2105
PROTECTOR OF THE TRIBAL SEAL ......................................................... 67
6.2106
USE OF THE EMBLEM.................................................................................... 67
6.2107
UNAUTHORIZED USE; CONVICTION; PENALTY .................................. 68
14.2108
SEVERABILITY ................................................................................................ 68
14.2109
EFFECTIVE DATE............................................................................................ 68
14.2110
OTHER RELATED STATUTES ...................................................................... 68
Chapter 22. Judicial and Prosecutorial Appointments .......................................................... 70
6.2201
PURPOSE ............................................................................................................ 70
6.2202
DEFINITIONS .................................................................................................... 70
6.2203
DEVLOPMENT OF PROCEDURES; RECEIPT OF NOMINATIONS;
SUBMISSION TO TRIBAL COUNCIL .......................................................... 70
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6.2204
APPOINTMENTS .............................................................................................. 71
6.2205
SEVERABILITY ................................................................................................ 71
6.2206
EFFECTIVE DATE............................................................................................ 71
Chapter 23. Reserved.................................................................................................................. 72
Chapter 24. Tribal Notary Public............................................................................................. 73
6.2401
SHORT TITLE ................................................................................................... 73
6.2402
PURPOSE ............................................................................................................ 73
6.2403
DEFINITIONS .................................................................................................... 73
6.2404
COMMISSIONING OF NOTARY PUBLIC ................................................... 78
6.2405
6.2406

POWERS AND LIMITATIONS OF NOTARY PUBLIC .............................. 82
FEES OF NOTARY PUBLIC............................................................................ 87

6.2407
SIGNATURE AND SEAL OF NOTARY PUBLIC......................................... 89
6.2408
CERTIFICATES FOR NOTARIAL ACTS ..................................................... 92
6.2409
EVIDENCE OF AUTHENTICITY OF NOTARIAL ACT ............................ 96
6.2410
CHANGES OF STATUS OF NOTARY PUBLIC ........................................... 97
6.2411
LIABILITY, SANCTIONS, AND REMEDIES FOR IMPROPER ACTS ... 98
6.2412
SAVINGS CLAUSE.......................................................................................... 102
6.2413
EFFECTIVE DATE.......................................................................................... 103
Chapter 25. Reserved................................................................................................................ 104
Chapter 26. Reserved ................................................................................................................ 105
Chapter 27. Reserved................................................................................................................ 106
Chapter 28. Reserved................................................................................................................ 107
Chapter 29. Asset Disposition .................................................................................................. 108
6.2901
PURPOSE .......................................................................................................... 108
6.2902
APPLICABILITY ............................................................................................. 108
6.2903
DEFINITIONS .................................................................................................. 108
6.2904
DISPOSAL OF REAL PROPERTY ............................................................... 109
6.2905
DISPOSAL OF CAPITAL ASSETS ................................................................ 109
6.2906
6.2907
6.2908
6.2909
6.2910
6.2911

DISPOSAL OF TANGIBLE PROPERTY ..................................................... 110
DISPOSAL OF INTANGIBLE ASSETS........................................................ 110
FIRST REFUSAL ............................................................................................. 110
REGULATIONS ............................................................................................... 110
RECORDS ......................................................................................................... 111
SAVINGS CLAUSE.......................................................................................... 111
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6.2912
EFFECTIVE DATE.......................................................................................... 111
Chapter 30. Reserved................................................................................................................ 112
Chapter 31. Reserved................................................................................................................ 113
Chapter 32. Reserved................................................................................................................ 114
Chapter 33. Tribal Prosecutor ................................................................................................ 115
6.3301
SHORT TITLE ................................................................................................. 115
6.3302
PURPOSE .......................................................................................................... 115
6.3303
DEFINITIONS .................................................................................................. 115
6.3304
APPOINTMENT AND COMPENSATION ................................................... 117
6.3305
6.3306

QUALIFICATION ........................................................................................... 118
PROSECUTOR’S OFFICE ............................................................................. 118

6.3307
6.3308
6.3309
6.3310
6.3311
6.3312
6.3313
6.3314

FUNDING .......................................................................................................... 119
DUTIES OF THE PROSECUTOR ................................................................. 119
APPOINTMENT OF SPECIAL PROSECUTOR ......................................... 121
SPECIAL ETHICAL CONSIDERATION OF THE PROSECUTOR ........ 121
CRIMINAL INVESTIGATIONS.................................................................... 125
NOT TO ACT IN CIVIL MATTER ............................................................... 125
NOTICE AND REPORTING REQUIREMENTS ........................................ 125
REMOVAL OF TRIBAL PROSECUTOR .................................................... 125

6.3315
SAVINGS CLAUSE.......................................................................................... 126
6.3316
EFFECTIVE DATE.......................................................................................... 126
Chapter 34. Reserved................................................................................................................ 127
Chapter 35. Reserved................................................................................................................ 128
Chapter 36. Repeal of LTBB Waganakising Representative to Michigan Anishnaabeg
Cultural Preservation and Repatriation Alliance (MACPRA) and Native American
Graves Protection and Repatriation Act (NAGPRA)................................................ 129
6.3601
PURPOSE .......................................................................................................... 129
6.3602
FINDINGS and REPEALED ........................................................................... 129
6.3603
SAVINGS CLAUSE.......................................................................................... 129
6.3604
EFFECTIVE DATE.......................................................................................... 130
Chapter 37. Tribal Chair Ambassadorial Capacity and Tribal Representatives .............. 131
6.3701
SHORT TITLE ................................................................................................. 131
6.3702
PURPOSE .......................................................................................................... 131
6.3703
DEFINITIONS .................................................................................................. 131
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6.3704
AMBASSADORIAL CAPACITY ................................................................... 132
6.3705
REPRESENTATIVE APPOINTMENT AND REMOVAL ......................... 132
6.3706
DUTIES AND AUTHORITY OF THE REPRESENTATIVE..................... 133
6.3707
MEMBERSHIP AUTHORIZED .................................................................... 134
6.3708
APPROPRIATIONS......................................................................................... 134
6.3709
DAMAGES AND LIABILITY ........................................................................ 134
6.3710
SEVERABILITY .............................................................................................. 135
6.3711
EFFECTIVE DATE.......................................................................................... 135
Chapter 38. Reserved................................................................................................................ 136
Chapter 39. Reserved................................................................................................................ 137
Chapter 40. Reserved................................................................................................................ 138
Chapter 41. Reserved................................................................................................................ 139
Chapter 42. Reserved................................................................................................................ 140
Chapter 43. Reserved................................................................................................................ 141
Chapter 44. Tribal Secretary Responsibilities ....................................................................... 142
6.4401
PURPOSE .......................................................................................................... 142
6.4402
DEFINITIONS .................................................................................................. 142
6.4403
CONSTITUTIONAL DUTIES OF THE SECRETARY .............................. 142
6.4404
OTHER DUTIES REQUIRED BY THE TRIBAL COUNCIL ................... 143
6.4405
SEVERABILITY .............................................................................................. 144
6.4406
EFFECTIVE DATE.......................................................................................... 144
Chapter 45. Succession Plan for Officers of Tribal Council ................................................ 145
6.4501
PURPOSE .......................................................................................................... 145
6.4502
DEFINITIONS .................................................................................................. 145
6.4503
SCOPE ............................................................................................................... 146
6.4504
EMERGENCY AND TEMPORARY VACANCIES OF LEGISLATIVE
LEADER ............................................................................................................ 146
6.4505
PERMANENT VACANCY OF OFFICERS .................................................. 147
6.4506
VOTE OF NO CONFIDENCE OF OFFICERS ............................................ 148
6.4507
SEVERABILITY .............................................................................................. 148
6.4508
OTHER RELATED STATUTES .................................................................... 148
6.4509
EFFECTIVE DATE.......................................................................................... 148
Chapter 46. Reserved................................................................................................................ 150
Chapter 47. Reserved................................................................................................................ 151
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Chapter 48. Contracting .......................................................................................................... 152
6.4801
SHORT TITLE ................................................................................................. 152
6.4802
PURPOSE .......................................................................................................... 152
6.4803
DEFINITIONS .................................................................................................. 152
6.4804
LEGAL and FINANCIAL REVIEW .............................................................. 153
6.4805
WAIVER OF SOVERIEGN IMMUNITY ..................................................... 153
6.4806
CENTRAL REPOSITORY FOR CONTRACTS .......................................... 154
6.4807
ETHICAL RESPONSIBILITIES OF LTBB CONTRACTING PARTIES......
............................................................................................................................. 154
6.4808
6.4809

TRIBAL CITIZENS PREFERENCE ............................................................. 154
TRIBALLY-OWNED CORPORATIONS ..................................................... 156

6.4810
6.4811

AUTHORIZING SIGNATURES .................................................................... 157
LIMITED REMEDIES BEFORE THE TRIBAL COURT FOR
VIOLATIONS .................................................................................................. 157
6.4812
SAVINGS CLAUSE ...................................................................................... 158
6.4813
EFFECTIVE DATE ........................................................................................ 159
6.4814
OTHER RELATED STATUTES .................................................................... 159
Chapter 49. Reserved................................................................................................................ 160
Chapter 50. Reserved................................................................................................................ 161
Chapter 51. Use of Legal for Purposes of Separation of Powers Questions ....................... 162
6.5101
PURPOSE .......................................................................................................... 162
6.5102
DEFINITIONS .................................................................................................. 162
6.5103
SEPARATION OF POWERS QUESTIONS ................................................. 162
6.5104
SAVINGS CLAUSE.......................................................................................... 163
6.5105
EFFECTIVE DATE.......................................................................................... 163
6.5106
OTHER RELATED STATUTES .................................................................... 163
Chapter 52. Contracts ............................................................................................................. 165
6.5201
SHORT TITLE ................................................................................................. 165
6.5202
6.5203
6.5204
6.5205
6.5206
6.5207

PURPOSE .......................................................................................................... 165
DEFINITIONS .................................................................................................. 165
JURISDICTION ............................................................................................... 167
STATUTE OF LIMITATIONS ....................................................................... 167
CONTRACT FORMATION ........................................................................... 167
DETERMINING THE TERMS OF A CONTRACT .................................... 171
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6.5208
6.5209
6.5210
6.5211
6.5212
6.5213
6.5214
6.5215
6.5216

PERFORMANCE OF A CONTRACT ........................................................... 173
TERMINATION OF CONTRACT................................................................. 175
BREACH OF CONTRACT ............................................................................. 176
DEFENSES ........................................................................................................ 177
REMEDIES ....................................................................................................... 182
THIRD PARTIES TO THE CONTRACT ..................................................... 185
TRIBAL SOVEREIGN IMMUNITY ............................................................. 189
SAVINGS CLAUSE.......................................................................................... 190
EFFECTIVE DATE.......................................................................................... 190

Chapter 53. Reserved................................................................................................................ 191
Chapter 54. Reserved................................................................................................................ 192
Chapter 55. Reserved................................................................................................................ 193
Chapter 56. Recall of an Official and Leave of Absence ...................................................... 194
6.5601
PURPOSE .......................................................................................................... 194
6.5602
DEFINITIONS .................................................................................................. 194
6.5603
CONSTITUTIONAL RECALL ELECTION and LEAVE OF ABSENCE .....
............................................................................................................................. 194
6.5604
IMPLICATIONS OF LEAVE OF ABSENCE............................................... 195
6.5606
EFFECTIVE DATE.......................................................................................... 196
Chapter 57. Reserved................................................................................................................ 197
Chapter 58. Reserved................................................................................................................ 198
Chapter 59. Reserved................................................................................................................ 199
Chapter 60. Reserved................................................................................................................ 200
Chapter 61. Reserved................................................................................................................ 201
Chapter 62. Reserved................................................................................................................ 202
Chapter 63. Reserved................................................................................................................ 203
Chapter 64. Tribal Website Statute ........................................................................................ 204
6.6401
PURPOSE .......................................................................................................... 204
6.6402
6.6403
6.6404
6.6405
6.6406
6.6407

DEFINITIONS .................................................................................................. 204
LTBB WEB-SITE ............................................................................................. 204
POSTING TO THE LTBB WEB-SITE .......................................................... 205
SEVERABILITY .............................................................................................. 206
EFFECTIVE DATE.......................................................................................... 206
OTHER RELATED STATUTES .................................................................... 206
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TITLE VI. GOVERNMENT AND ADMINISTRATION
Chapter 1. Legislative Procedures
Codification Note: This repeals and replaces WOS 2005-10 and WOS 2013-011 Amendment
6.101 PURPOSE
This Statute 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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section I)
6.102 DEFINITIONS
A.
“Business Day” means generally Monday through Friday, except for holidays, or
when the office is closed for Emergency Closing.
B.
“Emergency Closing” means when the office is closed for events related to severe
weather, fires, or power failures, or other safety or welfare conditions.
C.
“Executive” means the Executive Branch of government under Article VIII of the
Constitution the power of which is vested in the Tribal Chairperson and the ViceChairperson.
D.

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

E.

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

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F.
“Sponsor” or “Sponsoring” means the Tribal Council member who is proposing the
draft Statute for consideration of Tribal Council.
G.
“Tribal Citizen” means an enrolled member of the Little Traverse Bay Bands of
Odawa Indians.
H.
“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.
I.
“Tribal Council Agenda” means agenda that is approved by Tribal Council motion at
a Tribal Council meeting where a quorum is present.
J.
“Tribal Website” means the LTBB governmental website, http://www.ltbbodawansn.gov.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section II)
6.103 TERMINOLOGY
A.
Statutes that are enacted by Little Traverse Bay Bands of Odawa Indians shall be titled
“Waganakising Odawak Statute”.
B.
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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section III)
6.104 PROPOSED STATUTES and SPONSORS

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A.
A Tribal Council member, at a Regularly Scheduled Tribal Council meeting, may
request a proposed Statute to be placed of the agenda for posting on the LTBB website. Such
proposed Statutes may be in the form of an amendment to an existing Statute or a new Statute.
All proposed Statutes shall include the name of the sponsoring Tribal Council member(s).
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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section IV)
6.105 POSTING OF PROPOSED STATUTES for PUBLIC COMMENT
A.
All proposed Statutes shall be posted to the LTBB website for a minimum of twentyfive (25) days for public comment. Written comments will be submitted to Tribal Council for
consideration prior to passage of a proposed Statute. Verbal comments will be heard at any
Regularly Scheduled Tribal Council meeting, during a Public Comment period.
B.
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
Council may take action sooner than a minimal of twenty-five (25) days of posting.
C.
Proposed Statutes shall automatically be removed from posting on the LTBB
website, if any of the following occur:
1.
Not approved by Tribal Council after three-hundred and sixty-five (365)
days of posting on the website.

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2.
Not approved by Tribal Council after being placed on a Tribal Council
agenda and the motion for passages either fails or the motion fails for lack of
support.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section V)
6.106

EMERGENCY STATUTES

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 Statute may be passed at the same meeting that it
is introduced, or at a special meeting called for that purpose. However, such emergency Statutes
shall require a unanimous vote of all Tribal Council members present at such meeting where no
more than one sitting Tribal Council member is absent.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section VI)
6.107

CERTIFICATION

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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section VII)
6.108 SUBMISSION TO EXECUTIVE
A.
Upon passage and certification of a 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.
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
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vetoes the Statute, then 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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section VIII)
6.109 INITIATIVE AND REFERENDUM
The process for initiative and referendum is set out in Article XIV of the LTBB Constitution.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section IX)
6.110

COMPILATION

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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.
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.

A codified version of the current laws will also be available on the Tribal website.

(Source: WOS 2018-007, May 17, 2018, by veto override, Section X)
6.111 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.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section XI)
6.112 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the veto.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section XII)
6.113 OTHER RELATED STATUTES
See WOS 2015-019 Administrative Procedures Act, and WOS 2010-009 Public Documents
Statute, or as may be amended.
(Source: WOS 2018-007, May 17, 2018, by veto override, Section XIII)
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Chapter 2. Administrative Procedures Act
6.201 PURPOSE
This Administrative Procedures Statute is hereby enacted to establish a standard set of
requirements for Executive Branch and Legislative Branch for Regulations; Administrative and
Departmental Procedures; Executive Mandates and Directives; Legislative Directives and
Resolutions and Tribal Councilor Special Tributes and Declarations. This statute shall repeal and
replace the Administrative Procedures Statute WOS 2005-015, WOS 2006-28 and Amendment
WOS 2011-014.
Codification Note: Repeals and Replaces WOS 2008-001
(Source: WOS 2015-019, October 12, 2015 Section I)
6.202 DEFINITIONS
A.
“Administrative Procedures” means procedures required by a statute or regulation to clarify
the implementation of a statute or regulation. These procedures shall not be a rewrite of the statute
but define how an office or officer will implement the daily activities of a statute such as
applications procedures and forms for a Tribal program.
B.

“Business day” means any day of the week that Tribal Governmental Offices are open.

C.

“Departmental Procedures” shall mean procedures not required by statute or regulation.

D.
"Constitution" or “Tribal Constitution” means the Constitution of the Little Traverse Bay
Bands of Odawa Indians as adopted on February 1, 2005, and any amendments thereto.
E.
“Executive Directive” means a directive issued by the Tribal Chairperson that establishes
basic internal rules of procedure, or guidelines for Executive departments and employees and
does not impact Tribal Citizens or entities out-side of the Executive Branch.

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F.
“Legislative Directive” means a directive issued by the Tribal Council that establishes
basic internal rules of procedure, or guidelines for Tribal Council or Legislative employees and
does not impact Tribal Citizens or entities out-side of the Legislative Branch.
G.

“Tribal Regulations” means regulations that implement a statute

H.

“Tribal Code of Regulations” means the codification of the approved Tribal Regulations.

I.

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

(Source: WOS 2015-019, October 12, 2015, Section II)
6.203 TRIBAL REGULATION
A.

Regulations required by law shall be called Tribal Regulations.

B.
The Tribal Executive shall develop Tribal Regulations to implement statutes that require
regulations.
C.

Tribal Regulations shall be developed within 120 days of enactment of a law.

D.

Tribal Regulations shall be forwarded to the Tribal Council for approval.

E.
The Tribal Executive shall ensure that the benefits provided Tribal Citizens are carried out
even if Tribal Regulations have not been developed or approved.
(Source: WOS 2015-019, October 12, 2015, Section III)
6.204 REQUIREMENTS OF TRIBAL REGULATIONS
A.
The Executive may develop Regulations for such Statutes that the Executive deems
necessary for the implementation of the intent of the Statute and shall forward such Regulations to
the Tribal Council in accordance with this Statute. Such Statutes that mandate regulations, the
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Executive shall draft and submit Regulations to the Tribal Council in accordance with this Statute.
B.
Tribal Regulations shall reflect the intent of the law. Tribal Regulations shall be written in
a manner that protects the best interests of the Tribal Citizens.
C.
Tribal Citizens shall be provided an opportunity to comment on proposed regulations
prior to approval by the Tribal Council.
D.

Tribal Regulations shall clearly identify for whom they are intended to apply.

E.

Tribal Regulations shall be written in language that is clear and easily understood by the

individuals or agencies under the jurisdiction of the regulation.
F.
Tribal Regulations shall be forwarded to Tribal Council for approval, in accordance with
the Tribal Constitution, Article VII (D) (2).
1.
Tribal Regulations shall be considered approved unless disapproved by Tribal
Council within thirty (30) days of submission by the Executive.
2.
Disapproved Regulations shall be sent to the Executive with an explanation of why
they were disapproved.
(Source: WOS 2015-019, October 12, 2015, Section IV)
6.205 ADMINISTRATIVE PROCEDURES
A.

Procedures required by law or regulation shall be called Administrative Procedures.

B.
The Tribal Executive shall develop Administrative Procedures to implement statutes and
regulations that require procedures.
C.

Administrative Procedures shall be developed within 120 days of enactment.

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D.
Administrative Procedures required by a statute shall be forwarded to the Tribal Council
for approval.
E.
The Tribal Executive shall ensure that the benefits provided Tribal Citizens are carried out
even if Administrative Procedures have not been developed or approved.
(Source: WOS 2015-019, October 12, 2015, Section V)
6.206 REQUIREMENTS OF ADMINISTRATIVE PROCEDURES
A.

Administrative Procedures shall reflect the intent of the statute or regulation they are

intended to implement. Administrative Procedures shall be written in a manner that protects the
best interests of the Tribal Citizens.
B.
Administrative Procedures shall clearly identify to whom they are intended to apply in
whole or in part.
C.
Administrative Procedures shall be written in language that will be clear and easily
understood by the individuals or agencies under the jurisdiction of the regulation.
D.

Administrative Procedures that require Tribal Council approval shall:
1.
Be considered approved unless disapproved by Tribal Council within thirty (30)
days of submission by the Executive.
2.
Disapproved Administrative Procedures shall be sent to the Executive with an
explanation of why they were disapproved.

(Source: WOS 2015-019, October 12, 2015, Section VI)
6.207 DEPARTMENTAL PROCEDURES
A.

The Tribal Governmental offices, departments, and programs should develop
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Departmental Procedures to implement statutes and regulations that do not have a statutory
requirement for procedures and when necessary to promote efficiency in their office.
B.
Departmental Procedures are required to promote a fair and standard method of
implementing daily activities of Tribal Departments.
C.
Departmental Procedures shall reflect the intent of the program, statute or regulation they
are intended to implement. Departmental Procedures shall be written in a manner that protects
the best interests of the Tribal Citizenship.
D.

Departmental Procedures shall clearly identify to whom they are intended to apply in

whole or in part.
E.
Departmental Procedures shall be written in language that is clear and easily understood
by the individuals or agencies under the jurisdiction of the regulation.
(Source: WOS 2015-019, October, 12, 2015, Section VII)
6.208 EXECUTIVE MANDATES
A.
The Tribal Executive is hereby mandated to publish all documents authorized by this
statute on the Tribe’s website. Additionally, any documents that required Tribal Council
approval shall be posted on the Tribe’s website for seven (7) business days to provide a method
for Tribal Citizens to submit comments prior to approval by Tribal Council and the same shall be
published within seven (7) business days after approval on the Tribe’s web-site.
B.
The Tribal Executive is hereby mandated to develop a standardized numbering system for
Tribal Regulations to be adopted into a Tribal Code of Regulations, Administrative Procedures,
and Departmental Procedures and establish a method of periodic review of approved regulations
and procedures.
C.
Tribal Regulations and Administrative Procedures may be presented for approval at the
same time as their authorizing Statute.
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D.
The Tribal Executive Branch is hereby mandated to enforce all approved Tribal
Regulations and to implement all required Administrative Procedures.
(Source: WOS 2015-019, October 12, 2015, Section VIII)
6.209 EXECUTIVE DIRECTIVES AUTHORIZED
The Executive is hereby authorized to use Executive Directives necessary for operation of the
Executive branch. Directives do not carry the force of law and must be published on the Tribe’s
website in order for such Directive to be executed and carry authority.
(Source: WOS 2015-019, October 12, 2015, Section IX)
6.210 TRIBAL COUNCIL DIRECTIVES AUTHORIZED
The Tribal Council is hereby authorized to use Tribal Council Directives deemed necessary for
operation of the Legislative Branch. Directive shall be approved by Tribal Council motion.
Directives do not carry the force of law and must be published on the Tribe’s website in order for
such Directive to be executed and carry authority.
(Source: WOS 2015-019, October 12, 2015, Section X)
6.211 TRIBAL LAW
A.
In accordance with the Tribal Constitution, Tribal Council passes laws. Laws shall be in
the form of either a Resolution or Statute; or an amendment of the same.
B.

Laws that are passed by Tribal Council shall be submitted to the Executive.

C.
Laws shall be deemed enacted if not expressly vetoed by the Executive within thirty (30)
days of submission. The Tribal Council may, by an affirmative vote of seven (7) members of the
Tribal Council, override a veto by the Executive.
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D.

Tribal Council will exercise the following Constitutional powers by passing laws:
1.
To exercise Tribal jurisdiction, including civil and criminal authority and
the regulation of commerce.
2.
To exercise the jurisdiction of the Little Traverse Bay Bands of Odawa
Indians over Indian Child Welfare matters and all other domestic relations
matters.
3.

To govern the issuance of the Little Traverse Bay Bands of Odawa Indians

charters of incorporation for economic or other purposes, and to regulate the
activities of these corporations;
4.

To exclude person(s) or other parties from Tribal lands;

5.
To govern the encumbrance of Tribal lands or other intangible assets, and
the encumbrance and disposition of non-real estate tangible assets;
6.
To manage any and all economic affairs and enterprises of the Little
Traverse Bay Bands of Odawa Indians that will further the economic
development of the Tribe or its members.
7.
To set the qualifications for appointees to committees, commissions, and
boards.
8.

To appropriate funds and enact a budget formulation process.

9.

To levy taxes and govern the collection of taxes and license fees.

10.
Enact laws regarding Membership and implementation of Membership
provisions.

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11.
Enact compensations statutes for Tribal Council, Tribal Chair and Vice
Chair, Judges and Appellate Judges, Election Board Members and Prosecutor and
Assistant Prosecutors.
12.

Enact laws regarding Open Meetings.

13.
Enact laws for protecting the Office of the Prosecutor from inappropriate
influence
14.
Enact a law regarding removal of elected or appointed officials not listed
in the Constitution for neglect of duties or intentional wrongdoing.
15.
Enact a law requiring financial disclosure statements of candidates, and
elected and appointed governmental officials.
16.
Enact a law for official Tribal position in support or opposition to an issue
or matter.
17.

Any other duties that are required by the Constitution to be exercised

through the use of laws.
E.
Resolutions shall be certified by the Legislative Leader and Tribal Council Secretary that
indicates that Resolution was passed at a meeting of Tribal Council where a quorum was present.
F.
Resolutions that are submitted by the Executive shall take immediate effect upon
approval of Tribal Council.
G.

Laws that are enacted shall be codified into the Waganakising Odawa Code of Law,

unless the Resolution has a limited effective date of less than one year such as Appropriations for
a current fiscal year.
H.

All laws, whether or not codified, shall be posted to the Tribal website.

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(Source: WOS 2015-019, October 12, 2015, Section XI)
6.212 TRIBAL MOTION and CERTIFICATION
A.
In accordance with the Tribal Constitution, Tribal Council shall transact official business
by voting only at a meeting where a quorum of five Tribal Council members is present.
B.

Tribal Council shall transact its official business through the use of voting on Motions.

C.
Motions shall be made at a Regular, Special or Emergency Meetings, unless otherwise
indicated by the Tribal Constitution.
D.
Votes on Motions must be in person and proxy votes are not allowed unless otherwise
indicated by the Constitution.
E.
All Motions shall be reflected in the minutes indicating the person who made the motion,
the person who seconded the motion and the result of the vote.
F.

Only Motions that have a majority vote of the eligible voting Tribal Council members

shall be considered the official action of the Tribal Council.
G.
Tribal Council will exercise its official powers through the use of Motions, including but
not limited to the following:
1.
To approval or disapproval of policies, resolutions and regulations presented from
the Executive branch.
2.

To purchase, receive by gift, or otherwise acquiring of land, interests in land,

personal property or other intangible assets.
3.

To request for lands be placed in trust with the United States.

4.

To approval of land use plans and zoning of lands.
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5.

To approval of leases for Tribally owned land and lands held in trust.

6.

To approval of all sales, or dispositions of Tribal lands.

7.

To employ or legal counsel.

8.
To approval of the filing of lawsuits in the name of the Tribe as proposed by the
Executive, provided; the Tribal Council may approve the filing of a lawsuit in the name
of the Tribal without Executive concurrence by an affirmative vote of six (6) members of
the Tribal Council.
9.
To establish committees, commissions, and boards, and approve appointments as
presented by the Executive.
10.
To establish and maintain government offices for the Little Traverse Bay Bands
of Odawa Indians.
11.

To raise revenue.

12.
To develop policies for receiving any grants, donations, or other funding from any
person, corporation, municipality, government, or entity.
13.
To establish such lower courts as may be deemed necessary upon request from the
Judiciary.
14.
To approve the creation or dissolution of Executive divisions or departments to
promote and protect the peace, health, safety, education, and general welfare, including
but not limited to cultural and natural resources.
15.

To approve negotiations with any other governments, businesses or individuals.

16.

To adopt rules of conduct to govern all levels of Tribal government.
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17.
To establish and procedures to provide access for review by any Tribal member or
his/her authorized representative, who is a Tribal member, of the records of the Little
Traverse Bay Bands of Odawa Indians.
Motions may be certified by the Legislative Leader and Tribal Council Secretary that
indicates that the Motion was passed at a meeting of Tribal Council where a quorum was present.
H.

(Source: WOS 2015-019, October, 12, 2015, Section XII)
I.

If a Motion, after being placed on a Tribal Council agenda, fails to have a councilor make

the motion or second the motion, then the motion fails. The minutes will reflect that the motion
failed for lack of motion or lack of support.
(Source: WOS 2021-006, May 14, 2021, Section XII)
6.213 TRIBAL COUNCILOR TRIBUTES AND DECLARATIONS
A.

A Special Tribute is a document that acknowledges or recognizes a person(s) or

organization with gratitude, respect or admiration for an action or accomplishment. One or more
Tribal Councilors may sign onto a Special Tribute as individual Councilors. A Special Tribute
shall not obligate or commit the Tribal Council in any manner. Special Tributes do not require
formal action by the Tribal Council.
B.
A Declaration is a formal written public statement in support or opposition of an issue or
matter. Declarations shall be approved by Tribal Council motion.
C.

Copies of all Special Tributes and Declarations shall be submitted to the Legislative Office

for record keeping purposes and shall be posted to the Tribal website.
(Source: WOS 2015-019, October 12, 2015, Section XIII)
6.214 DELEGATION OF POWERS
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Tribal Council retains those powers that are not expressly delegated.
(Source: WOS 2015-019, October 12, 2015, Section XIV)
6.215 ELECTRONIC FILING
All documents may be filed electronically to an electronic address as designated by the
Governmental Branch. If appropriate, hard copies of the documents may be filed with the
designated office on the next available business day.
(Source: WOS 2015-019, October 12, 2015, Section XV)
6.216 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.
(Source: WOS 2015-019, October 12, 2015, Section XVI)
6.217 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the Statute, then upon Tribal Council override of the veto.
(Source: WOS 2015-019, October 12, 2015, Section XVII)

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Chapter 3. Tribal Government Budget Formulation and Modification Process
6.301 PURPOSE AND SHORT TITLE
The purpose of this Statute is to mandate a process and deadlines for the Tribal Government to
follow in the formulation and implementation of the annual Tribal governmental budget. It may
be cited as the “Budget Act.” This Statute repeals and replaces Waganakising Odawak Statute
2015-016, 2005-11, 2007-003 and 2007-004 and WOS 2008-004 Process for Appropriation of
Supplemental Funding Statute.
(Source: WOS 2020-006, February 10, 2020, Section I)
6.302 DEFINITIONS
A.
“Chief Financial Officer” or “CFO” is the Little Traverse Bay Bands of Odawa Indians
tribal government Chief Financial Officer.
B.
“Committee” means the Tribal Council standing Appropriation and Finance Committee
consisting of the Treasurer and two Councilors.
C.
“Fringe Benefits” means the non-wage expenses for the benefit of employees that
includes, but is not limited to, Health, Dental and Vision Insurance, Disability Insurance,
Unemployment Benefits, Worker’s Compensation Insurance and Employer-Portion of FICA
Insurance.
D.
“Fund” means a segregated, self-balancing account used to record revenues,
expenditures, assets, liabilities and other financial transactions for a specific purpose, activity or
objective.
E.
“Fund type” for the purposes of this statute means funds distinguished by the monies or
revenue source, i.e. Grant/Federal Contract Funds, Cost recovery, and General Fund.

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F.
“General Fund Balance” also known as “Prior Period funds” means the prior years’
unrestricted general fund dollars that were budgeted but not expended in the year they were
budgeted and that are returned to the general fund unrestricted balance available for
appropriation in subsequent years.
G.
“Governmental Branches” mean the Legislative, Executive and Judiciary branches of
government and for the purposes of this statute shall also include the Election Board and
Prosecutor; and sub-entities including tribally chartered corporations.
H.

“Indirect Costs” means the expenses that are incurred in joint usage of internally

servicing a government program and are not directly assign or identify with a direct program or
function, such as Accounting, Human Resources, and Administration.
I.
“Indirect Cost Rate” means the formula used by United States Department of the Interior
that pools all of the indirect costs on an annual basis through an allocable, approved plan.
J.
“Maintenance or Space Costs” means the costs of all the government office building
upkeep, allocated on a square foot basis. Costs include the wages and fringe of maintenance
staff, cleaning and maintenance supplies and equipment, repairs made for regular upkeep, snow
removal and lawn care, and utilities, including telephone and internet service.
K.

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

L.
“Tribal-wide Budget Worksheet” means the worksheet that lists governmental
departments and individual programs, i.e. Emergency funds, Burial Assistance funds, that is
attached to the Resolution and it becomes the approved budget for that fiscal year
M.

“Tribal Council” means the elected body created under Article VII of the Little Traverse

Bay Bands of Odawa Indians Tribal Constitution.
N.
“Treasurer” means the Little Traverse Bay Bands of Odawa Indians Treasurer as
provided for in the Constitution.
(Source: WOS 2020-006, February 10, 2020, Section II)
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6.303 FISCAL YEAR
The fiscal year shall be from January 1 to December 31.
(Source: WOS 2020-006, February 10, 2020, Section III)
6.304 APPROPRIATION AND FINANCE COMMITTEE
A.
In accordance with the Tribal Treasurer Responsibility Statute, the Committee has the
authority to request documents and information and shall report to the full Tribal Council
through the Treasurer’s report.
B.
Tribal Council shall request a recommendation by the Committee prior to approving any
action required by this Statute.
(Source: WOS 2020-006, February 10, 2020, Section IV)
6.305 ANNUAL BUDGET CALENDAR
A.
By January 21st of the year prior to the Annual Budget Fiscal year, a budget calendar
will be approved by Tribal Council and posted on the Tribal website.
B.

The budget calendar shall include the dates for the following:
1.
2.
3.

The Annual Meeting
Accounting Department distribution for Budget Procedures
Report of the General Fund Balance to Tribal Council

4.
Allocation Amounts of General Funds for Branches of Government
5.
Deadline for Cost Recovery budget submissions to Tribal Council
6.
Deadlines for General Fund Budget submission to Tribal Council
7.
Deadline for Grant/Federal Contract Funds that are reoccurring or anticipated
submission to Tribal Council
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8.
9.
10.
11.

Department / Branch Hearings
Proposed final budget available to Tribal Citizens
Public Hearing
Final Annual Budget approved by Tribal Council

(Source: WOS 2020-006, February 10, 2020, Section V)
6.306 ANNUAL MEETING
In accordance with the Tribal Constitution, the Executive Branch is responsible to call an annual
meeting of the Tribal Membership each spring. The date of the annual meeting will be provided
to Tribal Council and included in the Annual Budget Calendar.
(Source: WOS 2020-006, February 10, 2020, Section VI)
6.307 BUDGET PROCEDURES
Each year, by February 1st, the CFO shall distribute to Department Managers, Department
Directors, and the Branch Managers or other appropriate authorized staff, the Budget Procedures
that includes any updates that may impact the budget or budget process including, but not limited
to the following:
A.

Budget templates

B.

Budget Planning Rates for:
1.
2.

Indirect Cost Rate
Fringe Benefit Rate

3.
4.

Space Costs
Cost of Living (COLA)

(Source: WOS 2020-006, February 10, 2020, Section VII)

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6.308 GENERAL FUND REVENUES ANNUAL BUDGET
A.
Any unrestricted general fund dollars that were budgeted but not expended in the year
they were budgeted shall automatically be returned to the general fund unrestricted balance,
known as the “General Fund Balance”, unless otherwise approved by Tribal Council. General
Fund Revenues are the unrestricted monies received by the Tribal Government from enterprises
and other sources. For Budget purposes the General Fund includes current year anticipated
revenue, any remaining unrestricted funds from prior years known as the General Fund Balance
and any funds that have been restricted as Supplemental Funding, but are unspent. Each year, by
February 1st, the Office of the Treasury, with information and assistance from the Accounting
Department, shall report to Tribal Council the General Fund Amounts that include approximate
amount of the “General Fund Balance” and the anticipated amount of revenue that may be
utilized to formulate the budget.
B.
Each year, by February 15th, Tribal Council shall approve the Governmental Branches
allocation amounts of general funds that each branch of government may utilize for their base
budget for the following Fiscal Year.
C.

The allocated amounts of general funds will be based on anticipated revenues, anticipated

outlays, available funds and historical numbers for the last three (3) years of actual spending by
Governmental Branches.
D.
Tribal Council may also, by Tribal Resolution, allocate and restrict any anticipated
revenue, any remaining unrestricted funds from prior years known as the General Fund Balance
and any funds that have been restricted as Supplemental Funding, but are unspent from the prior
year to be set aside for the proposed Governmental Branches budgets.
(Source: WOS 2020-006, February 10, 2020, Section VIII)
6.309 COST RECOVERY FUND ANNUAL BUDGET
A.
Cost Recovery Revenues include Fringe Benefits, Maintenance, Indirect Costs and other
restricted revenues.
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B.
The budget shall be based on anticipated Cost Recovery Revenues in the year being
planned, current fund balance for the Cost Recovery Pool, anticipated outlays, and historical
numbers for the last three (3) years of actual spending by Governmental Branches.
(Source: WOS 2020-006, February 10, 2020, Section IX)
6.310 GRANT/FEDERAL CONTRACT BUDGET
A.

Grant/Federal Contract Revenues are recurring or anticipated monies that are received by

the Tribe that includes but not limited to Indian Health Services, IHS; Bureau of Indian Affairs,
BIA 638; Native American Housing Assistance and Self Determination Act, NAHASDA; and
any other reasonably anticipated funds.
B.
Tribal Council shall approve the Grant/Federal Contract Revenues budget as part of the
Tribal-wide budget by the annual meeting.
(Source: WOS 2020-006, February 10, 2020, Section X)
6.311 BUDGET SUBMISSIONS
A.
All proposed Governmental Branches budgets whether utilizing General Fund Revenues,
Grant/Federal Contract Revenues shall be submitted to Legislative Office by March 15th of
each year. Such budgets shall be made available to the Chief Financial Officer.

B.

1.

If there is a deletion of any program or service, a justification as to why the
program or service is no longer needed or not sustainable shall be provided with
the proposed budget by the Branch of Government.

2.

If there are any additions to program or service, a justification as to why the
program or service is necessary shall be provided with the proposed budget by the
Branch of Government.

Based on the input from the public hearings, Tribal Council may make deletions or
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additions to Governmental Branch budgets. If there is any deletions or additions, Tribal Council
shall notify the appropriate entity after all public hearings have been conducted.
(Source: WOS 2020-006, February 10, 2020, Section XI)
6.312 BUDGET HEARINGS
A.

Budget Hearings may be held by Tribal Council, the Committee or both.

B.
All hearings shall be posted, held in open session and shall not require a quorum of Tribal
Council and/or Committee.
C.
Governmental Branch hearings are held to gather information from one or more
Department Managers, Department Directors, Branch Managers or other appropriate authorized
staff.
D.
Any Department Managers, Department Directors, and the Branch Managers or other
appropriate authorized staff may request a time for a Governmental Branch hearing.
E.

All Governmental Branch hearings shall be held during the first full week of April.

F.
A Public hearing for Tribal Citizenship input shall be held during the second full week of
April. At the Public hearing, copies of the draft budget will be provided to the Tribal Citizens.
(Source: WOS 2020-006, February 10, 2020, Section XII)
6.313 APPROVAL PROCESS
1.

Tribal Council shall approve the annual budget by the annual meeting.

2.
The annual budget shall be approved by Tribal Resolution and shall include an attached
detailed worksheet of the tribal-wide budget.

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3.
The Tribal Council approved budget shall be available for Tribal Citizens at the Annual
Meeting, in accordance with the Constitution.
4.
The budget shall be deemed enacted if not expressly vetoed by the Tribal Chair within
thirty (30) days of submission.
5.
If the Chair vetoes the budget, then he or she must submit an Executive proposed signed
Tribal Resolution and new proposed budget along with the veto to Tribal Council within the
thirty (30) day time period allowed for the veto.
6.

The Chair’s veto and proposed budget must be made available to Tribal Citizens and

posted to the Tribe’s website.
7.
Tribal Council may enact a budget by either overriding the veto by an affirmative vote of
seven (7) Councilors or alternatively enact the Chair’s submitted signed Tribal Resolution with
the proposed budget by an affirmative majority vote of Tribal Council. In enacting the Chair’s
proposed budget, Tribal Council shall approve it as presented and shall not make any changes,
additions or deletions to the proposed budget.
8.
If the veto is not overridden within the time period as set forth in the Administrative
Procedures Act, nor has Tribal Council approved the Chair’s proposed budget, the last enacted
budget will take effect at the beginning of the fiscal year.
(Source: WOS 2020-006, February 10, 2020, Section XIII)
6.314 ALLOCATION OF GENERAL FUND BALANCE
A.

Upon approval of the budget, Tribal Council may allocate and restrict any anticipated

revenue, any remaining unrestricted funds from prior years known as the General Fund Balance
and any funds that have been restricted as Supplemental Funding, but are unspent from the prior
year.

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B.
The funds will be restricted by Resolution and will identify a specific classification of
how the funds may be used, i.e. Supplemental Funding, Economic Development, Investment,
sinking fund, or other specific use.
C.

Funds shall only be used for the restricted use as stated in the enacted Resolution.

(Source: WOS 2020-006, February 10, 2020, Section XIV)
6.315 SUPPLEMENTAL FUNDING PROCESS
A.

Supplemental funding shall be appropriated by Resolution from the monies that have

been designated and restricted for Supplemental Funding.
B.

A request for supplemental funding shall include the following information:
1.

The reason for the requested supplemental funding:
a.
Emergency
b.
Specific additional service or program
c.
Deficiency budget;

2.

A brief narrative;

3.

The amount requested;

4.

Required signatures;

5.

From where the funding is being requested, i.e. “prior year funds”.

C.
All requests must be received in accordance with Tribal Council and/or Committee
Policy. Such policies shall include dates and deadlines for submissions, posting requirements
and the approval process.

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D.
Special Tribal Council or Committee meetings may be called for emergency funding
requests.
E.
Any monies not expended during the fiscal year shall revert to General Fund Balance
funds.
(Source: WOS 2020-006, February 10, 2020, Section XV)
6.316 BUDGET MODIFICATIONS
A.

No monies can be moved between two different revenue sources. Revenue sources are

General Funds, Cost Recovery, and Grant/Federal Contract Funds.
B.
Within a fiscal year, no more than 4% of the total amount of either budget can be moved
between two different departments or individual program not within a specific department as
listed on the approved Tribal-wide Budget Worksheet, without Tribal Council approval. Such
requests shall be posted for comment on the Tribal website for at least seven (7) days prior to
Tribal Council approval. Tribal Council shall act on the request within thirty (30) days of receipt
of the request.
C.
Operating Budget Modifications are the transfer of monies between line-items within an
individual fund within the same fiscal year are allowable, within the following criteria:
1.
Prior to approving any budget modification involving space costs, the CFO shall
ensure that all space costs are adequately funded.
D.
All budget modifications must be reviewed by the CFO to ensure that no material change
in an existing service or program is altered either in nature or scope. If there is a material change
in an existing service or program by either a change in the nature or scope of the service or
program, then the budget modification shall be submitted to Tribal Council for approval.
(Source: WOS 2020-006, February 10, 2020, Section XVI)

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3.617 ADDITIONAL REVENUES
A.
If actual revenues during a fiscal period exceed the projected revenues, the CFO, on a
quarterly basis, will report to Tribal Council the amount of excess funds, the date of the receipt
of the funds and the funding source.
B.
If actual revenues during a fiscal period fall short of projected revenues, Tribal Council
shall take necessary actions to ensure that funding for approved budgets is available by adding
additional sources of revenue to the budget or shall declare a budget emergency.
(Source: WOS 2020-006, February 10, 2020, Section XVII)
6.318 EMERGENCY BUDGETS/RECISSIONS
A.
At any time during the fiscal year the Treasury Office, based on a revenue analysis and
other factors, may recommend to Tribal Council to declare a budget emergency.
B.
If Tribal Council declares a budget emergency, Tribal Council shall provide guidance and
criteria for amended budgets that must be submitted by the Governmental Branches within the
timeframe provided by Tribal Council. All amended budgets must be passed by Tribal
Resolution.
C.
Upon the declaration of a budget emergency by Tribal Council, Tribal Council shall take
necessary steps to notify Tribal Citizens of the impact of the budget emergency.
(Source: WOS 2020-006, February 10, 2020, Section XVIII)
6.319 SYSTEMATIC REDUCTIONS OF BUDGETS
Only through an approved Resolution may any systematic cuts to budgets occur.
(Source: WOS 2020-006, February 10, 2020, Section XIX)

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6.320 CHECK SIGNERS
The Tribal Chair shall have the authority to designate check signers and file the appropriate
authorized forms to carry out this function.
(Source: WOS 2020-006, February 10, 2020, Section XX)
6.321 SAVINGS CLAUSE
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.
(Source: WOS 2020-006, February 10, 2020, Section XXI)
6.322 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the veto.
(Source: WOS 2020-006, February 10, 2020, Section XXII)
6.323 OTHER RELATED STATUTES
See Waganakising Odawak Statute (WOS) 2014-001 Tribal Treasurer Responsibility, WOS
2011-013 Treasury Statute, and WOS 2011-009 Accounting Statute, or as may be amended.
(Source: WOS 2020-006, February 10, 2020, Section XXIII)

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Chapter 4. Reserved

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Chapter 5. Reserved

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Chapter 6. Reserved

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Chapter 7. Lewis and Doris Adams’ Tribal Holiday
6.701 SHORT TITLE AND PURPOSE
A.

Short Title

This Statute may be cited as the “Adams Tribal Holiday”.
B.

Purpose

The purpose of the Adams Tribal Holiday is to bestow posthumously upon Lewis Stephen Adams
Sr. and Doris Amelia Kishigo-Adams the Tribe’s greatest honors and accolades by setting aside
a special day of recognition for their many contributions and gifts to our Tribal community.
(Source: WOS 2009-017, July 12, 2009, Section I)
6.702 AKNOWLEDGEMENTS AND FINDINGS
Tribal Council acknowledges and finds the following:
A.

Lewis Stephen Adams Sr, Wyaudtnoong (Little Detroit) was born June 22,1922;
married Doris Amelia Kishigo July 25,1946; and walked on January 27,1964;

B.

As a young man Lewis was winner of the 1937 National Soap Box Derby at Akron
Ohio and later went on to win local notoriety as a Golden Gloves Boxer;

C.

Lewis served honorably in the United States Marine Corp from 1942 to 1946 seeing
action on the volcanic island of Iwo Jima;

D.

As a veteran he was Commander of AMVETS Post 50 (an all Indian post), he organized toy
collection repairs and delivery for the Indian Orphanage in Marquette and was a friend
of Ira Hayes;

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E.

He started the Little Traverse Indian Club of Harbor Springs and helped organize the
last Hiawatha Pageant in Ottawa Stadium;

F.

Lewis’s reputation as a community leader prompted a request from Governor Williams of
Michigan for a Traditional Blessing and Ceremony for the Mackinaw Bridge that was
rapidly nearing completion;

G.

In 1955, on top of the northern tower of the Mackinaw Bridge, Lewis performed a Pipe
Ceremony and prayed for the blessings of Gicthi-Manitou and the safe completion of the
bridge;

H.

Doris Amelia Adams “Gijigowi Kwe” was born Aug. 8, 1925, in Petoskey to Mitchell
and Amelia Kishigo. She was a graduate of Harbor Springs schools, and later married
Lewis Adams, with whom she had seven children. Doris walked on February 11, 2008,
at the age of 82. When Lewis died unexpectedly from a heart attack at the age of 41,
Doris, who had been a stay-at-home mom for several years, took on two jobs to support
her family — one at the Community Action Agency, and another as a bartender for
Birchwood Farms Lodge.

I.

After working with the Community Action Agency for several years Doris was offered a
position with the State of Michigan Department of Labor, where she worked for more
than 30 years. She served as an equal employment opportunity specialist, as well as a
civil rights representative for nine Lower Peninsula counties and the entire Upper
Peninsula.

J.

During her time of working for the State, Doris attended the University of Michigan and
later completed her business degree at Western Michigan University at the age of 56.

K.

In addition to being an active member of the Little Traverse Bay Bands (LTBB) of Odawa
Indians, Doris served for several years on the Michigan Commission on Indian Affairs.
She was instrumental in writing the Indian Tribal Welfare Act, as well as being the only
non-reservation Indian to speak at the hearings on the Indian Education Act in
Washington D.C.

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L.

At the time of her retirement, Doris was honored by the U.S. Congress for her lifelong
commitment to public service.

M.

Doris continued her public service working for the LTBB Odawa Indians Membership
Committee until 2005.

N.

In 1998, the LTBB Tribal Council appointed Doris to a six-year term as a tribal appellate
judge. She served in this capacity until September of 2003.

(Source: WOS 2009-017, July 12, 2009, Section II)
6.703 CREATION OF ADAMS HOLIDAY
A.

The Tribal Council hereby creates the Adams Holiday as a recognized Tribal Holiday.

B.
The Holiday will be held on the first Monday in September.
(Source: WOS 2009-017, July 12, 2009, Section III)
6.704 SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of this ordinance 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, paragraph, subsection or
section shall be considered to stand alone and to be deleted from this ordinance, the entirety of
the balance of the ordinance to remain in full and binding force and effect.
(Source: WOS 2009-017, July 12, 2009, Section IV)
6.705 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
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(Source: WOS 2009-017, July 12, 2009, Section V)

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Chapter 8. Tribal Sovereignty Day
6.801 DECLARATION OF SOVEREIGNTY DAY
The Little Traverse Bay Bands of Odawa Indians Tribal Council designates September 21, 1995,
and September 21 of each subsequent year to be Waganakising Odawa Tribal Sovereignty Day.
The Little Traverse Bay Bands of Odawa Indians Tribal Council declares this date to be a Tribal
holiday to be observed by all Tribal employees.
(Source: WOS 1995012, August 27, 1995)

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Chapter 9. Reserved

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Chapter 10. Open Meetings
6.1001 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.
(Source: WOS 2015-014, July 24, 2015, Section I)
6.1002 REPEAL
This Statute repeals and replaces Waganakising Odawak Statute 2010-10, and 2000-014 Open
Meetings.
(Source: WOS 2015-014, July 24, 2015, Section II)
6.1003 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-in-law, 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.

C.

“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.

(Source: WOS 2015-014, July 24, 2015, Section III)
6.1004 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.
C.
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.
(Source: WOS 2015-014, July 24, 2015, Section IV)
6.1005 OPEN MEETINGS
A.
Pursuant to constitutional Article VII, 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 anyone 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.

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C.

Any electronic recordings of Tribal Council meetings by individuals shall be prohibited.

D.
Before a Tribal Council meeting starts or upon entering a Tribal Council meeting in
progress, any representative from the media shall immediately present their media credentials to
Tribal Council.
(Source: WOS 2015-014, July 24, 2015, Section V & WOS 2020-001, January 15, 2020, Section
V(C, D))
6.1006 PUBLIC COMMENT PERIOD
The following rules shall apply to public comment:
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.
C.
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.

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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.

3.

Matters covered by attorney client privilege.

4.

Matters considered confidential by other Statutes.

5.
Matters regarding confidential business or legal matters of the Tribe or a Tribal
Citizen.
6

Matters that could impair a criminal investigation.

(Source: WOS 2015-014, July 24, 2015, Section VI)
6.1007 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.
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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.
(Source: WOS 2015-014, July 24, 2015, Section VII)
6.1008 SAVINGS CLAUSE
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.
(Source: WOS 2015-014, July 24, 2015, Section VIII)
6.1009 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2015-014, July 24, 2105, Section IX)

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Chapter 11. Reserved

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Chapter 12. Reserved

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Chapter 13. Tribal Treasurer Responsibility
6.1301 PURPOSE
This Statute is hereby enacted to define the Tribal Council Treasurer’s responsibilities and reporting that
are explicitly enumerated in the Constitution, Article VII (3). This Statute repeals and replaces WOS 2005014, 2009-002 and 2010-003.

(Source: WOS 2014-001, January 23, 2014, Section I)
6.1302 DEFINITIONS
A.

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

B.

“Treasurer” means the Tribal Council Treasurer.

(Source: WOS 2014-001, January 23, 2014, Section II)
6.1303 CONSTITUTIONAL DUTIES OF THE TREASURER
The Treasurer shall Article VIIC (3): “submit an annual report, prepared by the accounting
department, to the Tribal Membership at its annual meeting. This report shall include all funds received
by the Little Traverse Bay Bands of Odawa Indians or through Tribal enterprises. This report shall
include all appropriations of the operating funds and Tribal enterprises by department showing how the
funds were spent and to include profit and loss statements where applicable.”
1.

Be required to acquire a surety bond in the amount necessary to cover funds that may be accessible

to individual authorized signers.

(Source: WOS 2014-001, January 23, 2014, Section III)
6.1304 REPORTING REQUIREMENTS

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A.
The Treasurer shall make available a quarterly report, prepared by the accounting office
that contains the following information;
1.

All funds received by the Tribal Government and all Tribal Enterprises;

2.
All appropriations from the General Fund to the Tribal Government and each of
the Tribal Enterprise.
3.

All actual funds that are spent by department and programs within the Tribal

Government and each of the Tribal Enterprises.
4.
A profit and loss statement for each of the Tribal Enterprises, including a
statement of Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA),
equity and short and long-term liabilities and liquid ratio and debt to EBITDA ratio.
B.

This report shall be available to all Tribal Citizens upon request.

(Source: WOS 2014-001, January 23, 2014, Section IV)
6.1305 OTHER DUTIES REQUIRED BY THE TRIBAL COUNCIL
This Statute hereby establishes the Tribal Council Appropriations and Finance Standing
Committee
A.

The Committee shall:
1.
Consist of three Tribal Council Members assigned by motion, and majority vote
at a regularly scheduled Tribal Council meeting and;
2.

Be chaired by the Tribal Treasurer and;

3.
Have authority to review all the Tribe’s accounts including but not limited to
Enterprises and Tribally owned corporations and;
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4.
All requests and responses for information shall be forwarded to all Tribal
Council Members and;
5.
All committee members shall be compensated in accordance with the Tribal
Council’s stipend policy for attendance at meetings that are scheduled in advance and
advertised and;
6.

The Committee shall report to the full Tribal Council through the Treasurer’s

report.
(Source: WOS 2014-001, January 23, 2014, Section V)
B.

The Treasurer shall:
1.

Be signatory on all real-estate transactions and;

2.
Shall be an authorized signers for expenditures from the approved Tribal Council
Budget and;
3.

Be assigned other duties as approved by Tribal Council.

(Source: WOS 2014-001, January 23, 2014, Section V)
6.1306 AUTHORITY OF THE COMMITTEE
A.
The Committee may hold public hearings and solicit Tribal Citizen input on any and all
matters within their authority and duties.
B.
The Committee shall have the authority to request documents and information related to
Appropriation and Finance from the Judiciary and Executive Departments, Programs and staff;
including legal counsel and consultants.

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(Source: WOS 2014-001, January 23, 2014, Section VI)
6.1307 SAVINGS CLAUSE
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.
(Source: WOS 2014-001, January 23, 2014, Section VII)
6.1308 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.
(Source: WOS 2014-001, January 23, 2014, Section VIII)

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Chapter 14. Reserved

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Chapter 15. Reserved

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Chapter 16. Reserved

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Chapter 17. Reserved

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Chapter 18. Reserved

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Chapter 19. Public Documents
6.1901 PURPOSE
This Statute defines and qualifies public documents by the Tribe and provides for particular
exempt documents from public disclosure regarding the records of Little Traverse Bay Bands of
Odawa Indians as mandated by the Tribal Constitution, Article VII D (7) and acknowledges the
rights of Tribal Citizens to have access to public documents.
(Source: WOS 2010-009, July 25, 2010 Section I)
6.1902 REPEAL OF PREVIOUS LAW and REGULATIONS
This Statute repeals and replaces Waganakising Odawak Statute 2009-025 Disclosure of Public
Documents, Waganakising Odawak Statute 2008-010 Disclosure of Public Documents and
Waganakising Odawak Statute 2006-024 Disclosure of Public Documents Act and any other
previously enacted laws, amendments, approved rules or regulations.
(Source: WOS 2010-009, July 25, 2010 Section II)
6.1903 DEFINITIONS
A.
“Appropriate Authority” means the officials, individual employees and/or managers who
possesses the authority to make the decision regarding public documents within their respected
government branch or division, department, agencies, entity, enterprise or office.
B.
“Malice” means the intent, without just cause or reason, to commit a wrongful act that
will result in harm to another.
C.
“Public” means any Tribal Citizen or an authorized representative of a Tribal Citizen
who has a signed notarized statement of authority.
D.

“Public Documents” means a writing prepared, owned, used, in the possession of, or
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retained by a government branch or division, department, agency, commission, board,
committee, entity, enterprise or office in the performance of an official function, from the time it
was created.
E.
“Reckless indifference” means conscious or reckless disregard of the consequences of
one's acts or omissions.
F.

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

(Source: WOS 2010-009, July 25, 2010 Section III)
6.1904 RIGHTS OF TRIBAL CITIZENS
A.

Tribal Citizens have a right to review public documents unless exempted.

B.

Only Tribal Citizens have a right to review public documents.

(Source: WOS 2010-009, July 25, 2010 Section IV)
6.1905 OPEN TO DISCLOSURE
A.
All records except those specifically cited as exemptions are considered public
documents by Statute and must be disclosed unless exempt by Statute.
B.
All writings, applies to any handwriting, typewriting, printing, Photostatting,
photographing, photocopying and every other means of recording. It includes letters, words,
pictures, sounds or symbols, or combinations thereof, as well as papers, maps, magnetic or
punched cards, discs, drums, or other means of recording or retaining meaningful content. It does
not include computer software.
(Source: WOS 2010-009, July 25, 2010 Section V)
6.1906 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
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A.
Documents that contain specific personal information affecting an individual’s privacy
are exempt from disclosure. This exemption would include employment personnel files, social
security numbers, medical records and similar records that constitute a clearly unwarranted
invasion of an individual’s privacy. This exemption does not include withholding information
pertaining to the Tribal Citizen who is requesting the record except for the following:
1.
Sealed adoption records within the Tribal Citizen’s enrollment file that have been
sealed under a court order.
2.

Records covered by attorney client privilege.

3.

Records specifically exempt by other Statutes.

B.

The following records are also exempt from public disclosure:
1.

Records that contain confidential business, or potential business dealings

2.

Records that contain legal matter to the Tribe or a Tribal Citizen.

3.
Records that rise significant privacy or confidentiality concerns for the Tribe or a
Tribal Citizen.
4.
Records within a pending investigation either before an administrative or judicial
proceeding involving the Tribe or a Tribal Citizen.
5.
6.

Records that could impair a criminal investigation.

Records specifically exempt by other statutes.

(Source: WOS 2010-009, July 25, 2010 Section VI)
6.1907 ACCESS FOR REVIEW
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The appropriate authorities within the following governmental divisions shall make available for
review all public documents, unless exempt by applicable law:
1.

Executive

2.

Legislative

3.

Judiciary

4.

Prosecutor

5.

Election Board

(Source: WOS 2010-009, July 25, 2010 Section VII)
6.1908 REVIEW OF DOCUMENTS
A.
Any request for review of documents must be made by a Tribal Citizen or an authorized
representative who is also a Tribal Citizen.
B.
Request for review may be made in person or in writing and must be accompanied with a
copy of a Tribal identification card.
C.
Each request must be specific in nature as to what documents are being requested for
review.
D.
Requests for review may be limited to normal office hours. Such office hours shall be
posted by the appropriate authority.
E
Whenever possible the appropriate authority shall make the documents available
immediately for review, or as soon as possible thereafter.
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F.
If the request is made by an employee or former employee who wishes to review his or
her own personnel file shall complete the personnel file request form with the Human Resources
Department. Employees or former employees may review or obtain a copy of their own
personnel file without cost.
G.
Copies should be provided upon request unless the document contains sensitive matters
that may restrict the document to viewing only and no copies shall be provided.
H.
If copies are provided, the appropriate authority may charge a reasonable fee for cost of
copies. Such cost shall be determined and made known to the Tribal Citizen prior to the
incurrence of cost.
(Source: WOS 2010-009, July 25, 2010 Section VIII)
6.1909 REQUIRED REGULATIONS
A.

B.

The Tribal Executive shall develop regulations to implement this Statute establishing:
1.

A method for defining classifications of documents.

2.

A method for redacting portions of documents.

3.

A method for marking, controlling, keeping and releasing document.

4.

A schedule for reasonable cost for release of documents.

Such regulations shall be submitted to Tribal Council for approval.

(Source: WOS 2010-009, July 25, 2010 Section IX)
6.1910 LIMITED WAIVER OF SOVEREIGN IMMUNITY

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A.
The Tribe clearly and expressly waives its sovereign immunity to the remedies set forth
in this Statute for officials, individual employees and/or managers who act beyond the scope of
their duties and authority in which the actions include either acting with malice or with reckless
indifference to the rights afforded under this Statute to Tribal Citizens.
B.
The Tribe clearly and expressly waives its sovereign immunity to the remedies set forth
in this Statue for officials, individual employees and/or managers acting with malice or reckless
indifference in an effort to use or disclose exempt public information or allowing the improper
use of such information.
(Source: WOS 2010-009, July 25, 2010 Section X)
6.1911 REMEDIES BEFORE THE TRIBAL COURT FOR VIOLATIONS
A.
Any charge of violation must be filed with the Tribal Court within thirty (30) days of the
alleged violation.
B.
In any action filed under this Statute, the Tribal Court may grant the remedies set forth
for violations as follows:
1.
Equitable Remedies. If the Tribal Court finds that a violation occurred, its
judgment must specify an appropriate remedy or remedies for that violation. The
remedies may include, but are not limited to:
a)
An order to release the information or portions of the information;
b)
An order to cease and desist from the unlawful action specified in the
order;
2.
Damages. A complainant may recover damages against officials, individual
employees and/or managers if the complainant demonstrates that the officials, individual
employees and/or managers violated this Statute with malice or with reckless indifference
to the complainant. Such damages may include actual costs, inconvenience, mental
anguish and other non-pecuniary losses.
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C.
The Tribal Court may award reasonable attorney fees and costs in its discretion to the
prevailing party.
D.
The total sum of damages received by the Complainant may not exceed $500.00,
excluding the amount for actual costs or attorney fees, if awarded.
E.
The Tribal Court may award the opposing party any penalties for frivolous claims or any
other appropriate remedies as the Tribal Court deems appropriate.
(Source: WOS 2010-009, July 25, 2010 Section XI)
6.1912 SAVINGS CLAUSE
In the event that any phrase, provision, part, paragraph, subsection or section of Disclosure of
Public Documents Statute is found by a court of competent jurisdiction to violate the
Constitution, laws or Statutes 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 these Rules and Procedures, the entirety of the balance of these Rule and
Procedures remain in full and binding force and effect.
(Source: WOS 2010-009, July 25, 2010 Section XII)
6.1913 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the legislation, then upon Tribal Council override of the
veto.
(Source: WOS 2010-009, July 25, 2010 Section XIII)

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Chapter 20. Application of Foreign Law
6.2001 PURPOSE
The jurisdiction of the Little Traverse Bay Bands of Odawa Indians (LTBB or Tribe) over
persons and entities within its territory is determined by the Tribe’s inherent sovereignty, the
Constitution and laws of the Tribe, and federal statutory and case law, which changes over time.
Generally, the Tribe has full criminal and civil jurisdiction over its members within its territory,
and outside its territory for certain Treaty rights and child welfare purposes. The extent of the
Tribe’s civil and criminal jurisdiction over non-LTBB members often requires a case-by-case
analysis. The purpose of this Statute is to establish law for persons within LTBB territory in
situations where LTBB’s jurisdiction does not apply.
(Source: WOS 2005-03, March 20, 2005, Section I)
6.2002 APPLICATION OF FOREIGN LAW
All persons within LTBB’s territory and that do not fall under the jurisdiction of LTBB shall be
required to follow United States and State of Michigan civil and criminal laws.
(Source: WOS 2005-03, March 20, 2005, Section II)
6.2003 SOVEREIGN IMMUNITY
This Statute is neither a real or implied waiver of LTBB sovereign immunity. This Statute does
not reduce or supplant jurisdiction of LTBB over Non-Tribal Members where LTBB laws apply.
(Source: WOS 2005-03, March 20, 2005, Section III)
6.2004 EFFECTIVE DATE
This Statute takes effect thirty days from adoption [March 20, 2005].

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(Source: WOS 2005-03, March 20, 2005, Section IV)

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Chapter 21. The Tribal Emblem and Seal of the Waganakising Odawak Nation
Codification Note: This repeals and replaces WOS 2006-015
6.2101 PURPOSE
The Little Traverse Bay Bands of Odawa Indians (LTBB) recognizes that the Tribal Emblem
and Seal represents pride in the accomplishments of the Waganakising Odawak, and it is desired
that the Tribal Emblem and Seal be displayed as a symbol of acknowledgment of the sovereign
nation status of the Waganakising Odawak. This Statute repeals and replaces any previous
Statute including WOS 2006-015, The Tribal Seal of the Waganakising Odawak Nation.
(Source: WOS 2016-004, July 15, 2016, Section I)
6.2102 DEFINITIONS
A.

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

B.

“Secretary” means the Tribal Council Secretary who is responsible in maintaining and

protecting the Tribal Seal.
C.
“Tribal Citizen” means a person who is an enrolled member of the Little Traverse Bay
Bands of Odawa Indians.
(Source: WOS 2016-004, July 15, 2016, Section II)
6.2103 TRIBAL EMBLEM
The Tribal Emblem was approved by Tribal Council on December 5, 1999, and it depicts an
Anishinaabe paddling a canoe on a lake, an eagle soaring across the sky in front of the sun, a
crooked tree branch, an elk, a bear and a turtle, enclosed within a circle. Hanging from the
bottom of the circle are six Eagle feathers. Along the top of the circle are the words, in all caps:
“Little Traverse Bay Bands of Odawa Indians” and underneath the feathers is the words
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“Waganakising Odawa”.
(Source: WOS 2016-004, July 15, 2016, Section III)
6.2104 TRIBAL SEAL
A.
The Tribal Seal is the embossed Tribal Emblem, approximately two (2) inches in
diameter.
B.
The Tribal Seal shall be used for the official business of the Tribe and shall not be used
by any other entity.
C.
The Seal shall be used as the identification mark signifying the authenticity of a
document.
(Source: WOS 2016-004, July 15, 2016, Section IV)
6.2105 PROTECTOR OF THE TRIBAL SEAL
The Secretary “shall maintain and protect the Tribal Seal” by ensuring safe storage of the Tribal
Seal, and that it shall only be used for official Tribal business.
(Source: WOS 2016-004, July 15, 2016, Section V)
6.2106 USE OF THE EMBLEM
A.
The Emblem may be used by any Tribal Citizen, person, or entity, provided that its use
does not mislead or convey any impression of official action or endorsement by the Tribe unless
the Tribe has specifically authorized and/or approved the use of the Emblem.
B.
The Emblem may be used with or without any of the surrounding words of “Little
Traverse Bay Bands of Odawa Indians” or Waganakising Odawa”.

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C.
The Emblem may be used for such commercial or non-profit activities such as placing it
on mugs, clothing items, websites, signs, novelty items and any other items for display or resale.
(Source: WOS 2016-004, July 15, 2016, Section VI)
6.2107 UNAUTHORIZED USE; CONVICTION; PENALTY
Any unauthorized use of the Tribal Seal, shall be deemed a civil offense and may be fined up to
Five Hundred dollars ($500.00).
(Source: WOS 2016-004, July 15, 2016, Section VII)
14.2108

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.
(Source: WOS 2016-004, July 15, 2016, Section VIII)
14.2109

EFFECTIVE DATE

Effective upon signature of the Executive or 30 days from Tribal Council approval
whichever comes first or if the Executive vetoes the legislation, then upon Tribal Council
override of the veto.
(Source: WOS 2016-004, July 15, 2016, Section IX)
14.2110

OTHER RELATED STATUTES

See WOS 2012-017 Tribal Secretary Responsibilities, or as may be amended.
(Source: WOS 2016-004, July 15, 2016, Section X)
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Chapter 22. Judicial and Prosecutorial Appointments
6.2201 PURPOSE
This Judicial and Prosecutorial Appointments Statute is hereby enacted to establish a standard
method of selecting judges, justices, and prosecutors.
(Source: WOS 2006-003, March 19, 2006, Section I)
6.2202 DEFINITIONS
A.

The “Tribe” shall mean the Little Traverse Bay Bands of Odawa Indians (LTBBOI).

B.
“Qualified Applicants” means an applicant that meets the eligibility and restriction
requirements of the judicial and prosecutorial positions listed in the LTBBOI Constitution.
(Source: WOS 2006-003, March 19, 2006, Section II)
6.2203 DEVELOPMENT OF PROCEDURES; RECEIPT OF NOMINATIONS;
SUBMISSION TO TRIBAL COUNCIL
A.
The Tribal Executive shall develop an Administrative Procedure to receive a

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A824d9509a4277ddd. Public record. Not legal advice.