# TITLE XVIII. POST CONSTITUTION

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A9f1dc14a192d8936

## Record

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

## Text

WAGANAKISING
ODAWA

TRIBAL CODE of LAW
TITLE XVIII. POST CONSTITUTION
RESOLUTIONS, Chapter 6. GENERAL
APPLICATION
2024.2

WAGANAKISING ODAWA TRIBAL CODE of LAW
TABLE OF CONTENTS
Chapter 6.
18.601
18.602

General Application .............................................................................................. 1
TO LICENSE THE TRIBAL ELDERS ASSOCIATION TO USE THE
TRIBAL LOGO .................................................................................................... 1
THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS TRIBAL
COUNCIL REQUESTS THE UNIVERSITY OF MICHIGAN
DISPOSITION ALL REMAINS AND FUNERARY OBJECTS
IDENTIFIED AS “NATIVE AMERICAN” OR

18.603
18.604
18.605

18.606
18.607
18.608
18.609
18.610

18.611

"UNAFFILIATED/UNIDENTIFIABLE HUMAN REMAINS” AND TURN
CUSTODY OF SAID REMAINS OVER TO THE LITTLE TRAVERSE
BAY BANDS OF ODAWA INDIANS ................................................................ 1
NOTICE OF FIREARM PROHIBITION AND CONCURRENT
JURISDICTION ................................................................................................... 1
ESTABLISHMENT AND AUTHORITY OF THE
LEGISLATIVE/EXECUTIVE TEAM ............................................................... 2
REQUEST FOR TRIBAL NAME PROCLAMATION ON THE 2010
CENSUS LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
PROCLAMATION THAT THE LITTLE TRAVERSE BAY BANDS OF
ODAWA INDIANS BE DENOTED AS “LTBB” ON THE 2010 CENSUS .... 2
APPROVAL OF FY 2010 TRIBAL TRANSPORTATION IMPROVEMENT
PROGRAM ........................................................................................................... 3
LONG RANGE TRANSPORTATION PLAN FY2010 .................................... 3
INDIAN RESERVATION ROADS INVENTORY ADDITIONS FY2010 ..... 4
AUTHORIZATION FOR STANDARD CONSTRUCTION AND DESIGN
CONTRACTS ....................................................................................................... 4
TRIBAL COUNCIL CONSENTS TO AND AUTHORIZES THE TRIBAL
CHAIR AND TRIBAL TREASURER TO SIGN NECESSARY
DOCUMENT IN CONJUNCTION WITH THE BOND RESTRUCTURING
................................................................................................................................. 5
AUTHORIZES LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
TRIBAL PARTICIPATION IN A NATIONWIDE ELDER NEEDS
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18.612
18.613
18.614
18.615
18.616
18.617
18.618

ASSESSMENT ...................................................................................................... 5
MIEA DELEGATE APPOINTMENT ............................................................... 6
AUTHORIZATION OF ACTION IN NOVEMBER 21, 2010
CONFIDENTIAL MEMO ................................................................................... 6
NCAI DELEGATION .......................................................................................... 6
FUNDING FOR BABY VERONICA CASE ...................................................... 6
FUNDING FOR YOUTH TO ATTEND UNITY MEETING .......................... 7
TO ESTABLISH AN AD-HOC VIOLENCE AGAINST WOMEN ACT /
TRIBAL LAW AND ORDER ACT COMMITTEE ......................................... 7
MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE
APPOINTMENT................................................................................................... 8

18.619
18.620

18.621

18.622

18.623
18.624
18.625
18.626
18.627
18.628

DESIGNATING THE SECOND MONDAY OF OCTOBER AS NATIVE
AMERICAN DOMESTIC VIOLENCE AWARENESS DAY ......................... 8
AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK .
................................................................................................................................. 9
FUNDING FOR WAGANAKISING ODAWAK STATUTE 2014-013
TRIBAL HISTORIC PRESERVATION OFFICE PROTECTION AND
MANAGEMENT OF ARCHAEOLOGICAL, HISTORICAL AND
CULTURAL PROPERTIES AND CULTURAL RESOURCES ................... 10
AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK
............................................................................................................................... 11
DECOMMISSION AND SAFE REMOVAL OF PIPELINE RUNNING
UNDER THE STRAITS OF MACKINAC ...................................................... 13
AD-HOC VIOLENCE AGAINST WOMEN ACT / TRIBAL LAW AND
ORDER ACT COMMITTEE ............................................................................ 14
TO ESTABLISH A MICHIGAN TRIBAL SEX OFFENDER
REGISTRATION AND NOTIFICATION ACT (SORNA) COALITION ... 17
ODAWA CASINO RESORT FIVE YEAR STRATEGIC PLAN
DELEGATION OF AUTHORITY ................................................................... 18
MICHIGAN ELDER ASSOCIATION DELEGATE APPOINTMENT ....... 19
AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK;
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SECTION B, LEAVES OF ABSENCE ............................................................ 20
18.629
AD-HOC VIOLENCE AGAINST WOMEN ACT REGULATIONS
COMMITTEE ..................................................................................................... 21
18.630(11.16)(a) AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK
SECTION II. EMPLOYEE BENEFITS & COMPENSATION PROGRAM ..
....................................................................................................................... 22
18.631(8.15)(a)
APPROPRIATION FOR NATURAL RESOURCES DEPARTMENT
(NRD) TREE PURCHASE IN THE AMOUNT OF $943.00 .......................... 24
18.632(1.06)(a)
POSSESSION OF FIREARMS ................................................................. 24
Codification Note: Repealed and Replaced by TRIBAL RESOLUTION #090302-03 @
18.667(9.20)(a) ..................................................................................................... 24
18.633(4.06)(a)
WOMEN WORKING FOR THE TRIBE SHALL BE TREATED
EQUALLY AND SHALL NOT BE REQUIRED TO DRESS IN A MORE
REVEALING MANNER THAN A MAN IN THE SAME JOB .................... 24
18.634(4.06)(b)
PROHIBITING POLICIES THAT DISCRIMINATE AGAINST
TRIBAL MEMBERS WITH LONG HAIR ..................................................... 25
18.635(4.06)(c)
APPROVAL OF FOUR DIRECTIONS VIDEO CONTENT ................ 25
18.636(4.06)(d)
PROHIBITING EMPLOYMENT POLICIES THAT DISCRIMINATE
AGAINST TRIBAL CITIZENS ........................................................................ 26
18.637(4.06)(e)
RESOLUTION FOR FUNDING TRAVEL TO NCAI MID-YEAR AND
63RD ANNUAL CONVENTION FOR NCAI YOUTH DELEGATES AND
CHAPERONES ................................................................................................... 27
18.638(5.06)(a)
APPROVAL OF POLICY FOR MANAGEMENT OF CAPITAL
PROJECT FUNDS.............................................................................................. 28
18.639 (6.06)(a) OPPOSITION TO KENNECOTT MINERALS PROPOSED SULFIDE
ORE MINE .......................................................................................................... 28
18.640(6.06)(b)
PROVIDING FOR AMENDMENT OF REVENUE ALLOCATION
PLAN .................................................................................................................... 30
18.641(8.06)(a)
HONORING LEWIS STEPHEN ADAMS SR. ....................................... 32
18.642(9.17)(a)
APPROVAL OF FY 2018 – FY 2021 TRIBAL TRANSPORTATION
IMPROVEMENT PLAN ................................................................................... 33
18.643(9.17(b) IN OPPOSITION TO THE PROPOSED GRAHAM-CASSIDY-HELLERJOHNSON LEGISLATION .............................................................................. 34
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18.644(11.17(a)
IN SUPPORT OF “WE ARE ALL IN” AT THE U.S. CLIMATE
ACTION CENTER AND AT THE UN CLIMATE TALKS (COP23) .......... 35
18.645(11.17)(b) REPEAL OF TRIBAL RESOLUTION #042907-02 LEGISLATIVE
BRANCH OPERATIONS GOVERNMENTAL EMPLOYEE PERSONNEL
POLICIES HANDBOOK................................................................................... 36
18.646(11.17)(c) REMOVAL OF ENBRIDGE LINE 5 FROM UNDER THE STRAITS
OF MACKINAC ................................................................................................. 36
18.647(2.18)(a)
SUPPORT OF CORA’S PL 93-638 CONTRACT ................................... 38
18.648(2.18)(a)
MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE
APPOINTMENT................................................................................................. 38
18.649(6.18)(a)

OPPOSITION TO THE RESTRUCTURING OF THE BUREAU OF

INDIAN AFFAIRS REGIONAL OFFICE AND LOCAL AGENCY ........... 39
18.650(6.18)(a)
OPPOSITION TO THE "ZERO-TOLERANCE" IMMIGRATION
POLICY OF SEPARATING FAMILIES ........................................................ 40
18.651(6.18)(a)
MORATORIUM ON THE PURCHASE AND SALE OF NESTLE
BOTTLED WATER PRODUCTS .................................................................... 41
18.652(6.18)(a)
SUPPORT FOR MICHIGAN INDIAN LEGAL SERVICES’ BUREAU
OF JUSTICE ASSISTANCE GRANT.............................................................. 42
18.653(10.18)(a) SECURED CENTRALIZED DATA STORAGE SYSTEM ................... 44
18.654(10.18)(b) OPPOSITION OF THE STATE OF MICHIGAN’S AGREEMENT
WITH ENBRIDGE ABOUT LINE 5 ................................................................ 44
18.655(10.18)(c) PAID TIME-OFF FOR ELECTIONS ...................................................... 45
18.656(11.18)(a) SUPPORT FOR PROPOSED TIMBER SALES ON LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS TRUST LANDS........... 46
18.657(12.18)(a) SUPPORT FOR CHIPPEWA OTTAWA RESOURCE AUTHORITY
LITIGATION SUPPORT REQUEST FOR FY 2019 ..................................... 47
18.658(2.19)(a)
OPPOSITION TO NOMINATION AND CONFIRMATION OF ERIC
MILLER TO THE NINTH CIRCUIT COURT OF APPEALS .................... 48
18.659(3.19)(a)
MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE
APPOINTMENT................................................................................................. 50
18.660(4.19)(a)
DESIGNATION OF MAY 5TH AS A DAY OF AWARENESS FOR
MISSING AND MURDERED NATIVE WOMEN AND GIRLS .................. 51
18.661(8.19)(a)
PROMOTION OF A LIVING WAGE ..................................................... 51
18.662(10.19)(a) CLARIFICATION OF TRIBAL RESOLUTION #082219-01
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PROMOTION OF A LIVING WAGE ............................................................. 53
18.663(10.19)(b) AD-HOC INSURANCE COMMITTEE ................................................... 56
18.664(10.19)(c) TO REDUCE AND ELIMINATE THE USE OF PLASTIC STRAWS
AND EXPANDED POLYSTYRENE PRODUCTS......................................... 57
18.665(5.20)(a)
TRIBAL COUNCIL MEETING PROTOCOL DURING STATE OF
EMERGENCY .................................................................................................... 59
18.666(7.20)(a)
DESIGNATION OF PRIMARY MANAGEMENT OFFICIAL FOR
INTERNET GAMING OPERATIONS ............................................................ 60
18.667(9.20)(a)
POSSESSION OF FIREARMS ................................................................. 62
18.668(1.21)(a)
TO PROTECT THE STRAITS OF MACKINAC AS A
“TRADITIONAL CULTURAL PROPERTY SITE ....................................... 63
18.669(6.21)(a)
DECLARING A CLIMATE EMERGENCY AND CLIMATE
CHANGE ACTION PLAN ................................................................................ 65
18.670(6.21)(b)
AD-HOC ECONOMIC DEVELOPMENT ADMINISTRATION
GRANT COMMITTEE ..................................................................................... 66
18.671(10.21)(a) TO RECOGNIZE “INDIGENOUS PEOPLES DAY” AS A TRIBAL
HOLIDAY ........................................................................................................... 67
18.672(3.22)(a)
AUTHORIZATION TO ENROLL IN THE MICHIGAN BALANCE
OF STATE CONTINUUM OF CARE NETWORK ....................................... 68
18.673(5.22)(a)
PROTECT OUR ANISHINAABE KWEWOK, AND AWARENESS
FOR MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS ..
....................................................................................................................... 69
18.674(5.22)(b)
TRIBAL COUNCIL LIMITED RESUMPTION OF IN-PERSON
MEETINGS ......................................................................................................... 71
18.675(7.22)(a)
SUPPORT OF MITLEA TRIBAL LAW ENFORCEMENT
INITIATIVE PRESENTATION TO MCOLES .............................................. 73
18.676(9.22)(a)
TO APPOINT STEVEN OTTO AND DEBRA SMITHKEY-BROWNE
AS DELEGATES FOR THE MICHIGAN INDIAN ELDERS
ASSOCIATION................................................................................................... 76
18.677(1.23)(a)
CROOKED TREE WELLNESS CLINIC SERVICES TO NONBENEFICIARIES .............................................................................................. 76
18.678(3.23)(a)
DESIGNATION OF AN ALTERNATE DELEGATE TO THE
MICHIGAN INDIAN ELDERS ASSOCIATION ........................................... 77
18.679(3.23)(a)
APPROVAL BY THE LITTLE TRAVERSE BAY BANDS OF
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ODAWA INDIANS TO ESTABLISH MEMBERSHIP IN THE MIDWEST
TRIBAL ENERGY RESOURCES ASSOCIATION (MTERA) .................... 78
18.680(9.23)(a)
SUPPORT OF THE NATIONAL NATIVE AMERICAN SUPPLIER
COUNCIL ............................................................................................................ 78
18.681(10.23)(a) TO APPOINT MELISSA PAMP AS A DELEGATE FOR THE
NATIONAL CONGRESS OF AMERICAN INDIANS .................................. 79
18.682(2.24)(a)
SUPPORT AND AUTHORIZATION OF THE PROVISION OF
LEGAL SERVICES BY 252 BJA SUBGRANTEE IN A 2024 GRANT BY
MONTANA LEGAL SERVICES TO MICHIGAN INDIAN LEGAL
SERVICES........................................................................................................... 80

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Chapter 6.

General Application

18.601 TO LICENSE THE TRIBAL ELDERS ASSOCIATION TO USE THE TRIBAL
LOGO
A.
THEREFORE, BE IT RESOLVED the Tribal Elders Association is licensed to use the
Tribal logo for garments and fund raising activities.
(Source: TRIBAL RESOLUTION # 030809-01)
18.602 THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS TRIBAL
COUNCIL REQUESTS THE UNIVERSITY OF MICHIGAN DISPOSITION ALL
REMAINS AND FUNERARY OBJECTS IDENTIFIED AS “NATIVE AMERICAN” OR
"UNAFFILIATED/UNIDENTIFIABLE HUMAN REMAINS” AND TURN CUSTODY
OF SAID REMAINS OVER TO THE LITTLE TRAVERSE BAY BANDS OF ODAWA
INDIANS
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council requests the University of Michigan disposition all remains and funerary
objects identified as “Native American” or "unaffiliated/unidentifiable human remains” and turn
custody of said remains over to the Little Travers Bay Band of Odawa Indians.
(Source: TRIBAL RESOLUTION # 071209-10)
18.603 NOTICE OF FIREARM PROHIBITION AND CONCURRENT JURISDICTION
A.
THEREFORE, BE IT RESOLVED, that Little Traverse Bay Bands of Odawa Indians
Tribal Council requires the Natural Resources Department to place the following language
conspicuously on the application for On/Off Reservation LTBB Hunting/Fishing License: “If
you are prohibited from owning, possessing or using a firearm under State or Federal Law
this license does not protect you from prosecution under State or Federal Law.”
(Source: TRIBAL RESOLUTION # 080909-09)
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18.604 ESTABLISHMENT AND AUTHORITY OF THE LEGISLATIVE/EXECUTIVE
TEAM
A.
THEREFORE, BE IT RESOLVED that the Tribal Council establishes and directs a
“Legislative/Executive Team” to negotiate the restructuring of the notes with the bondholders,
provided that any action concerning the bonds or restructuring of debt will be brought back to the
Tribal Council by said team for approval prior to the action taken.
B.

FURTHER BE IT RESOLVED that the Team shall consist of the Legislative Leader,

Treasurer, and Secretary and Legislative Services Attorney, Tribal Chair, Tribal CFO, OCR
Director of Finance, General Counsel, Tribal Citizen Fred Harrington and any other individuals
designated by the Legislative/Executive Team and any other Tribal Council members that desire
to participate.
C.
FURTHER BE IT RESOLVED that the Team shall provide updates to the Tribal Council
at each of its regularly scheduled meetings.
D.

FINALLY BE IT RESOLVED that communication with representative of Oppenheimer

& Co., Inc., Fredrick Peebles & Morgan, Bond Lenders or the Ad Hoc Committee of Lenders will
be made through the “Executive/Legislative Team” regarding the bond unless authorized
otherwise by Tribal Council. Communications from the aforementioned shall be sent to both the
General Counsel and the Legislative Services Attorney to be forwarded to the Team.
(Source: TRIBAL RESOLUTION # 092709-01)
18.605 REQUEST FOR TRIBAL NAME PROCLAMATION ON THE 2010 CENSUS
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS PROCLAMATION THAT
THE LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS BE DENOTED AS
“LTBB” ON THE 2010 CENSUS
A.
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians PROCLAIM the Little Traverse Bay Bands of Odawa Indians for
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purposes of the 2010 Census form be denoted as the following: “LTBB” in order to ensure a full
and accurate count of “Tribal Members” in 2010.

B.
BE IT FURTHER RESOLVED, the Little Traverse Bay Bands of Odawa Indians will
inform and promote to its tribal members, citizen, and descendants the accepted acronym or
shortened version of the “LTBB”.
C.
FURTHER RESOLVED, that Tribal Chairman Ken Harrington, Vice Chairman Dexter
McNamara, Tribal Administrator Albert Colby Jr., or another designee from the Tribal Chairman
is authorized to execute any documents necessary to fulfill the request to the Census Bureau to
identify the Little Traverse Bay Bands of Odawa Indians as the “LTBB” acronym and
shortened version on the Census 2010 decennial form.
(Source: TRIBAL RESOLUTION # 012410-08)
18.606 APPROVAL OF FY 2010 TRIBAL TRANSPORTATION IMPROVEMENT
PROGRAM
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
approves the priorities as indicated in the FY 2010 Tribal Transportation Improvement Program.
(see attachment A: Tribal Transportation Improvement Program (TTIP) Summary for FY 20092013 and attachment B: TTIP FY 2010)
B.
BE IT FURTHER RESOLVED, that the Tribe’s Chairperson is authorized to sign all
documents and agreements necessary to facilitate the FY 2010 Tribal Transportation Improvement
Program.
(Source: TRIBAL RESOLUTION # 030710-01)
18.607 LONG RANGE TRANSPORTATION PLAN FY2010
A.

THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
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approves the updated priorities and projects as indicated in the LTBB Long Range Transportation
Plan (see attachment A: LTBB Long Range Transportation Plan 2010).
B.
BE IT FURTHER RESOLVED, that the Tribe’s Chairperson is authorized to sign all
documents and agreements necessary to facilitate the FY 2010 Long Range Transportation Plan
program.
(Source: TRIBAL RESOLUTION # 030710-02)
18.608 INDIAN RESERVATION ROADS INVENTORY ADDITIONS FY2010
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
approves the updated and additional roads to the Indian Roads Inventory (IRR). (see attachment
A: LTBB IRR Inventory Additions FY 2010)
B.
BE IT FURTHER RESOLVED, that the Tribe’s Chairperson is authorized to sign all
documents and agreements necessary to facilitate the Indian Reservation Roads Inventory.
(Source: TRIBAL RESOLUTION # 030710-03)
18.609 AUTHORIZATION
CONTRACTS

FOR

STANDARD

CONSTRUCTION

AND

DESIGN

A.
THEREFORE BE IT RESOLVED that when entering into construction or design
contracts for projects for which any necessary Tribal Council approvals or authorization have
already been obtained, the Executive Branch is authorized to use standard AIA or EJCDC
documents, as modified to fit the specific projects, without further Tribal Council action. Such
contracts may include dispute resolution provisions so long as LTBB Tribal Court is the sole
jurisdiction for hearing disputes, or for enforcing mediation or arbitration decisions. If the project
is located on trust land, standard contract language that references "a court of competent
jurisdiction" is acceptable. Construction and design contracts cannot include waivers of sovereign
immunity in other jurisdictions without express separate Tribal Council authorization.

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(Source: TRIBAL RESOLUTION # 042510-01)
18.610TRIBAL COUNCIL CONSENTS TO AND AUTHORIZES THE TRIBAL CHAIR
AND TRIBAL TREASURER TO SIGN NECESSARY DOCUMENT IN CONJUNCTION
WITH THE BOND RESTRUCTURING
A.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
Tribal Council consents to and authorizes the Tribal Chair and the Tribal Treasurer to sign, by and
on behalf of the Tribe, the necessary documents to effectuate the bond restructuring, provided that
such documents have prior approval by Tribal Council.
(Source: TRIBAL RESOLUTION # 062710-01)
18.611 AUTHORIZES LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
TRIBAL PARTICIPATION IN A NATIONWIDE ELDER NEEDS ASSESSMENT
A.
THEREFORE BE IT RESOLVED that the Tribal Council of the Little Traverse Bay
Bands of Odawa Indians hereby authorizes participation in the most current Identifying Our Needs:
A Survey of Elders. The Tribal Council grants permission to the North Dakota, Alaska, and Hawaii
National Resource Centers on Native Aging to use all collected needs assessment information in
aggregate format for the purpose of disseminating state, regional, and national results from
analyses of the data.
B.
BE IT FURTHER RESOLVED that specific information collected within the
boundaries of the Little Traverse Bay Bands of Odawa Indians belongs to the Little Traverse Bay
Bands of Odawa Indians and may not be released in any form to individuals, agencies, or
organizations without tribal authorization.
C.

FINALLY, BE IT RESOLVED that Tribal Chairman Ken Harrington, Vice Chairman

Dexter McNamara, or Tribal Administrator Albert Colby Jr., or another designee from the Tribal
Chairman is authorized to execute any documents necessary to participate in the national needs
assessment.

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(Source: TRIBAL RESOLUTION # 071110-02)
18.612 MIEA DELEGATE APPOINTMENT
A.
THEREFORE BE IT RESOLVED that William Denemy and Beatrice Law are
appointed as delegates and Alice Yellowbank as an alternate delegate to represent LTBB with
the Michigan Indian Elders Association until a successor is appointed.
(Source: TRIBAL RESOLUTION # 082210-01)
18.613 AUTHORIZATION OF ACTION IN NOVEMBER 21, 2010 CONFIDENTIAL
MEMO
A.
THEREFORE BE IT RESOLVED that the Tribal Council authorizes the actions as set
out in the Confidential Memo dated November 21, 2010 from General Counsel James A.
Bransky.
(Source: TRIBAL RESOLUTION # 112110-01)
18.614 NCAI DELEGATION
A.
THEREFORE BE IT RESOLVED that the Tribal Council, which is the official
governing body of LTBB, hereby authorizes Vice-Chair Julie Shananaquet, who through her
ambassadorial role for the Tribe shall represent the Tribe as official delegate to NCAI 68th Annual
Convention, October 30-November 4, 2011, Portland Oregon.
B.
FINALLY, BE IT RESOLVED this Resolution shall be null and void and be considered
repealed after the date of November 5, 2011 or at the conclusion of the NCAI 68th Annual
Convention whichever comes first.
(Source: TRIBAL RESOLUTION # 102311-01)

18.615

FUNDING FOR BABY VERONICA CASE
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A.
THEREFORE BE IT RESOLVED that Tribal Council through its Constitutional duty
“authorizes the appropriation” of $10,000.00 from prior year funds for donations to NICWA and
NARF to aid in the coordination of the amicus briefs for baby Veronica case and the Tribal
Chairman shall administer his oversight authority to the extent necessary to ensure the
administration of such funds.
(Source: TRIBAL RESOLUTION # 042113-02)
18.616 FUNDING FOR YOUTH TO ATTEND UNITY MEETING
A.
THEREFORE BE IT RESOLVED that Tribal Council through its Constitutional duty
“authorizes the appropriation” of $25,000 from prior year funds for the purpose of LTBB youth
travel to the UNITY conference 2013 and Tribal Chairman shall administer his oversight
authority to the extent necessary to ensure the administration of such funds.
(Source: TRIBAL RESOLUTION # 042113-03)
18.617 TO ESTABLISH AN AD-HOC VIOLENCE AGAINST WOMEN ACT / TRIBAL
LAW AND ORDER ACT COMMITTEE
A.
WHEREAS The Committee will involve individuals from the Legislative, Executive
and Judiciary Branches of Tribal government along with the Prosecutor’s Office in order to fully
develop the laws, enforcement and services of VAWA and TOLA and make recommendations to
the Tribal Chair, Tribal Council and Chief Judge and has identified the following Committee
members:
B.
THEREFORE BE IT RESOLVED that the Tribal Council approved the Ad-hoc
VAWA/TOLA Committee that is comprised of Tribal Administrator, Communications
Coordinator, Elders Coordinator or Designee, Executive Assistant to the Chairman, Human
Services Director and Victim Advocate, Chief of Police and Designated Officer, Natural
Resources Director and Chief Conservation Officer, Probation Domestic Violence Coordinator,
Health Director of Designee, Substance Abuse/Mental Health Director and/or Designee, Youth
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Coordinator or Designee, Chief Judge or Designee, Court Administrator or Designee, Legal
Executive Assistant, Legislative Services Attorney, Tribal Councilor(s) and Prosecutor or
Designee.
C.
THEREFORE FURTHER BE IT RESOLVED that the Committee will make
recommendations to the Tribal Chair, Tribal Council and Chief Judge based on their findings.
D.
FINALLY BE IT RESOLVED that the work group shall be dissolved either upon the
completion of the assessment and implementation of VAWA/TOLA or at the end of April 2015.
(Source: TRIBAL RESOLUTION # 060913-01)
18.618 MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE APPOINTMENT
A.
WHEREAS the Michigan Indian Elders Association requires the delegates to be
appointed by their Tribal Council by resolution;
B.
THEREFORE BE IT RESOLVED that Richard Wemigwase and Emily Harrington are
appointed as delegates and Janice Shackleford as an alternate delegate to represent LTBB with
the Michigan Indian Elders Association until a successor is appointed.
(Source: TRIBAL RESOLUTION # 062313-01)
18.619 DESIGNATING THE SECOND MONDAY OF OCTOBER AS NATIVE
AMERICAN DOMESTIC VIOLENCE AWARENESS DAY
A.
WHEREAS Domestic Violence is a serious and pervasive public health, human rights,
and social justice issue affecting one in four (25%) women nationally. The impact of domestic
violence is devastating. A family’s home becomes a place of fear, hopelessness, and desperation
when a woman is battered by her partner or a child witnesses the abuse of his mother. An
estimated 103,389 domestic violence cases were reported in the state of Michigan in 2003. Far
too many families in Michigan and around the nation are affected by domestic violence; and

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B.
WHEREAS No one is more vulnerable than Native American women for the national
statistics show two in five (40%) will be affected by domestic violence in their life time. Victims
of domestic violence suffer in silence not knowing where to turn, with little guidance, and/or
support. Sadly, this tragedy does not just affect adults; and
C.
WHEREAS The exposure to violence in the home, even when a child is not directly
injured, can contribute to behavioral, social and emotional problems. Children who experience
violence are at a higher risk for failure in school, emotional and substance abuse disorders, and
are more likely to perpetuate the cycle of violence themselves later in life; and
D.

WHEREAS Ending domestic violence will require the collaborative efforts of

everyone, including law enforcement, criminal justice system, public health officials, and
community members. It will require that everyone communicate a universal message that
violence of any nature, and especially domestic violence, is unacceptable; and
E.
WHEREAS We call upon all organizations, both tribal and non-tribal; law
enforcement, health officials, and community members to speak out against sexual assault and
support local efforts in Indian Country to help victims find the healing they seek;
F.
THEREFORE, BE IT RESOLVED that the second Monday of October is declared
Native American Domestic Violence Awareness Day. We recognize all domestic violence
victims and those who serve them during the entire month of October and stand united in our
commitment to end all forms of domestic violence in our Tribe.
(Source: TRIBAL RESOLUTION # 092213-01)
18.620 AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK
A.
WHEREAS Tribal Council passed a Tribal Resolution #042907-02, approving the
Waganakising Odawak Legislative Branch Operations Governmental Employee Personnel
Policies Handbook;

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B.
WHEREAS Tribal Resolution #042907-02 was received by the Executive on May 2,
2007, and with no action being taken by the Executive became enacted and has the force of law
as of June, 2, 2007;
C.
WHEREAS within the Handbook, Section IV. EMPLOYEE DEVELOPMENT &
ENHANCEMENT, B. ANNUAL MONETARY COMPENSATION: The amount of annual
monetary compensation increase will be determined by the regionally adjusted COLA (Cost of
Living Allowance) as of December 31st of the previous year with a minimum increase per year of
4% and a maximum increase per year of 8%. . . .
D.

THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa

Indians Tribal Council amends the Waganakising Odawak Legislative Branch Operations
Governmental Employee Personnel Policies Handbook, Section IV. EMPLOYEE
DEVELOPMENT & ENHANCEMENT, B. ANNUAL MONETARY COMPENSATION, to
read as follows: “The amount of annual monetary compensation increase will be determined by
the regionally adjusted COLA (Cost of Living Allowance) as of December 31st of the previous
year with a minimum increase per year of 1.5% and a maximum increase per year of 8%” and
authorizes the Executive Tribal Chairman to administer his oversight authority to the extent
necessary to ensure the administration of such amendment.
(Source: TRIBAL RESOLUTION #122213-02)
18.621 FUNDING FOR WAGANAKISING ODAWAK STATUTE 2014-013 TRIBAL
HISTORIC PRESERVATION OFFICE PROTECTION AND MANAGEMENT OF
ARCHAEOLOGICAL, HISTORICAL AND CULTURAL PROPERTIES AND
CULTURAL RESOURCES
A.
WHEREAS Waganakising Odawak Statute 2014-013 THPO was signed into law on
October 23, 2014;
B.
WHEREAS Funding is needed to fund the Tribal Historic Preservation office for
contractual services and expenses;

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C.
WHEREAS In accordance with Waganakising Odawak Statute 2008-004 Process for
Appropriations of Supplemental Funding, the Appropriations and Finance Committee approves
and recommendations by phone poll that Tribal Council transfers funds from the Executive
FY2015 Budget to the Legislative Budget in the amount of $40,000 and additionally there is a
need for appropriate supplemental funding in the amount of $20,000 for expenses to come from
Prior Period Funds.
D.
THEREFORE BE IT RESOLVED Tribal Council rescinds Tribal Resolution #04211301 Funding for Waganakising Odawak Statute 2014-013 Tribal Historic Preservation Office of
Protection and Management; and appropriates by transfer of funds in the amount of $40,000.00
from Executive FY2015 Budget to the Legislative FY2015 Budget to implement Waganakising
Odawak Statute 2014-013 and supplements the funding for expenses in the amount of
$20,000.00 to be appropriated from Prior Period Funds.
E.
FINALLY BE IT RESOLVED That the Tribal Chairperson shall administer their
oversight authority to the extent necessary to ensure the administration of such funds.
(Source: TRIBAL RESOLUTION #010815-01
18.622 AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK
A.
WHEREAS the Waganakising Odawak Nation, known as the Little Traverse Bay Bands
of Odawa Indians, and its citizens are vested with inherent sovereignty and right to selfgovernance;
B.
WHEREAS the Little Traverse Bay Bands of Odawa Indians (“LTBB” or “Tribe”) is a
federally recognized Indian Tribe under Public Law 103-324, and is a party to numerous Treaties
with the United States, the most recent of which being the Treaty of Washington of March 28,
1836 (7 Stat. 491) and the Treaty of Detroit of 1855 (11 Stat. 621);
C.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council has the
authority to approve negotiations involving the tribe according to the LTBB Constitution,
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Article VII, Section D (23);
D.
WHEREAS Tribal Council passed Tribal Resolution #042907-02, approving the
Waganakising Odawak Legislative Branch Operations Governmental Employee Personnel
Policies Handbook;
E.
WHEREAS Tribal Resolution #042907-02 was received by the Executive on May 2,
2007, and with no action being taken by the Executive, became enacted and has the force of law
effective June 2, 2007;
F.

WHEREAS within the Handbook, Section IV. EMPLOYEE DEVELOPMENT &

ENHANCEMENT, B. ANNUAL MONETARY COMPENSATION: The amount of annual
monetary compensation increase will be determined by the regionally adjusted COLA (Cost of
Living Allowance) as of December 31st of the previous year with a minimum increase per year of
4% and a maximum increase per year of 8%. . . .
G.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council amends the Waganakising Odawak Legislative Branch Operations
Governmental Employee Personnel Policies Handbook, Section IV. EMPLOYEE
DEVELOPMENT & ENHANCEMENT, B. ANNUAL MONETARY COMPENSATION, to
read as follows: “The amount of annual monetary compensation increase will be at the rate of
1.5% per year.”
H.
BE IT FURTHER RESOLVED, that the Little Traverse Bay Bands Legislative Branch
hereby adjusts COLA to reflect the same rate of increase as Executive Branch Employees,
Judicial Branch Employees and Gaming Regulatory Employees.
I.
BE IT FURTHER RESOLVED, All LTBB Government Employee handbooks shall
adopt an annual COLA rate of 1.5%, effective January 1, 2015.
(Source: TRIBAL RESOLUTION #012215-03)
18.623 DECOMMISSION AND SAFE REMOVAL OF PIPELINE RUNNING UNDER
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THE STRAITS OF MACKINAC
A.
WHEREAS Tribal citizens have harvested fish in the Great Lakes for subsistence and
commercial purposes since time immemorial. The Tribe’s right of subsistence and commercial
fishing reserved in Article 13 of the 1836 Treaty is of central cultural, social and economic
significance to LTBB and its citizens, and the Tribe strives to protect the quality of the
environment for future generations. The Preamble to the Constitution says “We will work
together in a constructive, cooperative spirit to preserve and protect our lands, resources and
Treaty Rights”;
B.

WHEREAS LTBB is a party to the case of United States v. Michigan, 2:73-CIV-26 (WD

MI) in which the Tribe’s fishing rights in the 1836 Treaty ceded portions of the Great Lakes
were upheld, and it is a signatory to the 2000 Consent Decree entered in that case. The Straits of
Mackinac lie at the heart of the Great Lakes waters ceded in the 1836 Treaty;
C.
WHEREAS a network of petroleum product and natural gas pipelines of various ages
and dubious integrity exist in the Great Lakes, including some that may be transporting diluted
bitumen, as evidenced by the spill that occurred from an Enbridge Inc. pipeline in the Kalamazoo
River watershed in 2010;
D.
WHEREAS the Enbridge Inc. Line 5 extends through the 1836 Treaty ceded lands and
waters of Michigan and beneath the Straits of Mackinac in an especially sensitive and vulnerable
area;
E.
WHEREAS the physical properties of diluted bitumen derived from tar sands petroleum
deposits and any heavy petroleum products that sink in water are exceptionally difficult to
remediate when spilled in fresh water, and a spill of any petroleum products, heavy or otherwise,
transported through Line 5 through the Straits of Mackinac would cause vast irreparable damage
to the Treaty fishery;
F.
WHEREAS the 2010 Kalamazoo River spill starkly demonstrates the inherent danger of
transporting petroleum products through pipelines under fresh water;

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G.
WHEREAS the fact that the Straits of Mackinac freeze over for about 4 months per
year make adequate year round monitoring of Line 5, or clean-up of a winter spill, impossible;
H.
THEREFORE BE IT RESOLVED that to honor the Tribe’s duty to protect the natural
environment and its Great Lakes Treaty fishing rights, the portion of Enbridge Inc.’s Line 5
running under the Straits of Mackinac must be decommissioned and safely removed as soon as
possible.
(Source: TRIBAL RESOLUTION #030515-01)
18.624 AD-HOC VIOLENCE AGAINST WOMEN ACT / TRIBAL LAW AND ORDER
ACT COMMITTEE
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians recently passed the
Domestic Violence Statute which includes provisions for limited criminal jurisdiction over nonIndians for domestic violence offenses;
B.
WHEREAS in order to properly implement the Domestic Violence Statute, the
committee will need to review, revise or draft additional Statutes, such as, Adult Welfare
Protection, Victim’s Rights, Personal Protection Orders, Criminal Law, and other supporting
Statutes and policies;
C.
WHEREAS the committee will also need to continue to assess the potential of
implementing the criteria for exercising the jurisdictions of TLOA;
D.
WHEREAS the committee will also need to continue to assess and incorporate rights
and services for victims of crimes and persons who have committed Domestic Violence crimes
or related crimes;
E.
WHEREAS the Committee will involve individuals from the Legislative, Executive and
Judiciary Branches of Tribal government along with the Prosecutor’s Office in order to fully
develop the laws and policies and make recommendations to the Tribal Chair, Tribal Council and
Chief Judge and has identified the following Committee members:
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See table below.

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EXECUTIVE
Administration

Tribal Administrator

Communications

Coordinator

Elders

Coordinator or Designee

Executive Offices

Executive Assistant to the Chairman

Grants

Grant Writer

Human Services

Director and Victim Advocate

Law Enforcement

Chief of Police and Designated
Officer

Health Department

Director or Designee

Substance Abuse/Mental Health

Director and/or Designee

Youth

Coordinator or Designee

Housing

Director and/or Designee
JUDICIAL

Tribal Court

Chief Judge or Designee

Tribal Court

Court Administrator or Designee

Probation

Domestic Violence Coordinator
LEGISLATIVE

Legal Department

Executive Assistant

Legislative Services

Attorney

Tribal Council

Tribal Councilors
PROSECUTOR

Prosecutor’s Office

Prosecutor or Designee

F.
THEREFORE BE IT RESOLVED that the Tribal Council approves the Ad-hoc
VAWA/TLOA Committee that is comprised of Tribal Administrator, Communications
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Coordinator, Elders Coordinator or Designee, Executive Assistant to the Chairman, Human
Services Director and Victim Advocate, Chief of Police and Designated Officer, Housing
Director or Designee, Probation Domestic Violence Coordinator, Health Director of Designee,
Substance Abuse/Mental Health Director and/or Designee, Youth Coordinator or Designee,
Chief Judge or Designee, Court Administrator or Designee, Legal Executive Assistant,
Legislative Services Attorney, Tribal Councilors and Prosecutor or Designee.
G.
THEREFORE FURTHER BE IT RESOLVED that the Committee will make
recommendations to the Tribal Chair, Tribal Council and Chief Judge based on their findings.
H.

THEREFORE FURTHER BE IT RESOLVED that the Committee will make

recommendations to the Tribal Chair, Tribal Council and Chief Judge based on their findings.
I.
FINALLY BE IT RESOLVED that the work group shall serve at the pleasure of Tribal
Council and may be dissolved upon motion of Tribal Council.
(Source: TRIBAL RESOLUTION #040915-01)
18.625 TO ESTABLISH A MICHIGAN TRIBAL SEX OFFENDER REGISTRATION AND
NOTIFICATION ACT (SORNA) COALITION

A.
WHEREAS a Michigan Tribal SORNA Collaboration Meeting was held on March 6,
2015 and consisted of SORNA Point of Contacts, Law Enforcement, Probation Officers,
Prosecutors, and Attorneys where the attendees agreed to meet on an annual basis;
B.
WHEREAS the Coalition of attendees will continue to address the future efforts of
SORNA substantial implementation by sharing information and supporting each Tribe through
collaboration and networking;
C.
WHEREAS there are grants available from the U.S. Department of Justice to assist the
Tribal Coalition with substantial implementation;
D.

WHEREAS the Coalition of attendees has an interest in applying certain funding to
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substantiate the offender re-entry program and victim and offender treatment programs to
diminish recidivism by way of applying Traditional Peacemaking and Cultural practices;
E.
WHEREAS the Traditional Indigenous Justice Practices, such as Peacemaking and
Talking Circles helps to reestablish a spiritual, physical, and emotional and intellectual balance
that benefits the impacted individuals and addresses the needs of the entire community.
F.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians officially supports the establishment of a Michigan Tribal SORNA Coalition to build a
strong foundation to address the collaborative efforts in reference to SORNA requirements.
G.
FINALLY BE IT RESOLVED that the Little Traverse Bay Bands of Odawa Indians
officially requests the support of the other Michigan Tribes and Coalition attendees to establish a
Michigan Tribal SORNA Coalition.
(Source: TRIBAL RESOLUTION #060415-01)
18.626 ODAWA CASINO RESORT FIVE YEAR STRATEGIC PLAN
DELEGATION OF AUTHORITY
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians has approved a Five Year
Strategic Plan for Odawa Casino Resort;
B.
WHEREAS in order to implement and execute the plan a number of administrative tasks
will need to be accomplished, such as contacting and setting up appointments, meeting with
representatives, providing notice to various entities, sending correspondences, transmitting press
releases, and responding to inquiries;
C.

WHEREAS the Odawa Casino Resort General Manager has the expertise to carry-out

these administrative tasks in order to execute and implement the five (5) year strategic plan;
D.
WHEREAS as official representatives of the Tribe, the Tribal Chair and/or Tribal
Councilors and Gaming Enterprise Board shall be notified of any meeting set between the
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Odawa Casino Resort General Manager and other governmental officials.
E.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians approves and authorizes the Odawa Casino Resort General Manager and/or designee to
carry-out such administrative tasks that are necessary to execute and administer the Odawa
Casino Resort’s five (5) year strategic plan, and will notify the Tribal Council, the Tribal Chair
and the Gaming Enterprise Board of any meetings that involve any governmental representative
or official.
F.

FURTHER BE IT RESOLVED that the Tribal Chair along with one or two Councilors

are approved and authorized to attend any meetings set up with other governmental officials and
the Odawa Casino Resort General Manager and/or designee.
G.
FURTHER BE IT RESOLVED that any agreements with governmental entities shall
not be binding until approved by Tribal Council.
H.
FINALLY BE IT RESOLVED that the Odawa Casino Resort General Manager on a
monthly basis shall report to the Gaming Enterprise Board, such administrative tasks that are
being carried-out to execute and administer the Odawa Casino Resort’s five (5) year strategic
plan.
(Source: TRIBAL RESOLUTION # 061815-02)
18.627 MICHIGAN ELDER ASSOCIATION DELEGATE APPOINTMENT
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected governing body of the tribe;
B.

WHEREAS the LTBB Elders desire to continue representing LTBB at meetings of the

Michigan Indian Elders Association;

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C.
WHEREAS the LTBB Elders have by nomination and secret ballot appointed Richard
Wemigwase, and John Kawegoma as delegates and Emily Harrington as alternate Delegate;
D.
WHEREAS: the Michigan Indian Elders Association requires the delegates to be
appointed by their Tribal Council by resolution;
E.
THEREFORE BE IT RESOLVED that Richard Wemigwase and John Kawegoma are
appointed as delegates, and Emily Harrington as an alternate delegate to represent LTBB with
the Michigan Indian Elders Association until a successor is appointed.
(Source: TRIBAL RESOLUTION #091715-01)
18.628 AMENDMENT
TO
THE
LEGISLATIVE
BRANCH
OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK; SECTION B,
LEAVES OF ABSENCE
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council has the
authority to approve negotiations involving the tribe according to the LTBB Constitution, Article
VII, Section D (23);
B.
WHEREAS Tribal Council passed Tribal Resolution #042907-02, approving the
Waganakising Odawak Legislative Branch Operations Governmental Employee Personnel
Policies Handbook;
C.
WHEREAS Tribal Resolution #042907-02 was received by the Executive on May 2,
2007, and with no action being taken by the Executive, became enacted and has the force of law
effective June 2, 2007;
D.

WHEREAS Within the Legislative Branch Operations Governmental Employee

Personnel Policies Handbook, Section II. EMLOYEE BENEFITS & COMPENSATION
PROGRAM, B. LEAVES OF ABSENCE, 3. Educational Leave, Fitness Leave and
Professional Development Leave states with in it: “This benefit is provided to improve job skills

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pertinent to Tribal employment” and “All classes must be job related”;
E.
WHEREAS Tribal Council concurs with Little Traverse Bay Bands of Odawa Indians
tribal governmental Human Resources Department’s understanding that educational leave time
may be utilized for current or potential future jobs proposition.
F.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council amends the Waganakising Odawak Legislative Branch Operations
Governmental Employee Personnel Policies Handbook, Section II. EMLOYEE BENEFITS &
COMPENSATION PROGRAM, B. LEAVES OF ABSENCE, 3. Educational Leave, Fitness
Leave and Professional Development Leave; to now read as follows: Full-time employees, after
completing their probationary period may attend classes up to four (4) hours per week during
work hours. Verification of enrollment is required (i.e. semester curriculum) and is contingent
upon the Legislative Leader or Legislative Office Managers approval. A maximum of four (4)
hours per week of either or a combination of Educational Leave, Professional Development and
Fitness Leave is available to employees.
(Source: TRIBAL RESOLUTION # 012116-01)
18.629 AD-HOC VIOLENCE AGAINST WOMEN ACT REGULATIONS COMMITTEE
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians recently passed the
Domestic Violence Statute which includes provisions for limited criminal jurisdiction over nonIndians for domestic violence offenses;
B.
WHEREAS in order to properly implement the Domestic Violence Statute, the
committee will need to draft regulations for the Personal Protection Orders Statute and other
such supporting regulations and policies for the Adult Welfare Protection, Victim’s Rights, ,
Criminal Law Statutes;
C.
WHEREAS in order to properly implement the Domestic Violence Statute, the
committee will need to draft regulations for the Personal Protection Orders Statute and other
such supporting regulations and policies for the Adult Welfare Protection, Victim’s Rights, ,
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Criminal Law Statutes;
D.
WHEREAS in order to properly implement the Domestic Violence Statute, the
committee will need to draft regulations for the Personal Protection Orders Statute and other
such supporting regulations and policies for the Adult Welfare Protection, Victim’s Rights, ,
Criminal Law Statutes;
E.
WHEREAS the Committee will involve individuals from the Legislative, Executive and
Judiciary Branches of Tribal government along with the Prosecutor’s Office in order to fully
develop the regulations and policies and make recommendations to the Tribal Chair, Tribal
Council and Chief Judge and has identified the following Committee members: Human Services
Director and Advocates, Prosecutor and Advocate, Tribal Court Administrator, Domestic Court
Docket Project Coordinator, Probation Domestic Violence Coordinator, Law Enforcement,
Tribal Councilors and Legislative Services Attorney.
F.
THEREFORE BE IT RESOLVED that the Tribal Council approves the Ad-hoc
VAWA Regulations Committee that is comprised of Human Services Director and Victim
Advocate, Chief of Police and Designated Officer, Court Administrator, Domestic Court Docket
Project Coordinator, Probation Domestic Violence Coordinator, Legislative Services Attorney,
Tribal Councilors Law and Harrington and Prosecutor and Victims Advocate.
G.
THEREFORE FURTHER BE IT RESOLVED that the Committee will make
recommendations to the Tribal Chair, Tribal Council and Chief Judge based on their findings.
H.
FINALLY BE IT RESOLVED that the Committee shall serve at the pleasure of Tribal
Council and may be dissolved upon motion of Tribal Council.
(Source: TRIBAL RESOLUTION # 021816-04)
18.630(11.16)(a)
AMENDMENT TO THE LEGISLATIVE BRANCH OPERATIONS
GOVERNMENTAL EMPLOYEE PERSONNEL POLICIES HANDBOOK SECTION II.
EMPLOYEE BENEFITS & COMPENSATION PROGRAM

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A.
WHEREAS Tribal Resolution #042907-02 was adopted on May 2, 2007, approving the
Legislative Branch Operations Governmental Employee Personnel Policies Handbook;
B.
WHEREAS The Handbook states in Section II. EMPLOYEE BENEFITS &
COMPENSATION PROGRAM Section A.1. a) Little Traverse Bay Bands of Odawa Indians
Health Insurance Plan provides eligible employees and their dependents access to medical,
dental, and vision care insurance benefits. Eligible employees may participate in the Health
Insurance Plan. If both husband and wife work for LTBBOI Legislative Offices or Governmental
Offices, only one Blue Cross/Blue Shield plan will be issued; and in Section A. 8. b) The 401(k)
Savings Plan allows employees to elect how much salary they want to contribute, up to the plan
maximum. LTBBOI contributes an additional matching amount up to a maximum of 3% of gross
income;
C.
WHEREAS LTBB Tribal Council recognizes that the Tribal Government currently
contracts with Priority Health and not Blue Cross/Blue Shield for the employee health care
insurance plan;
D.
WHEREAS On October 24, 2016 the LTBB Executive has issued Executive Directive
35-10242016-01 Update of Employee Government Benefits providing effective January 1, 2017
the 401(k) match will be 5% for Tribal Government Employees, as historically LTBB staff has
401(k) balances falling well below the benchmarks for their age groups.
E.
THEREFORE BE IT RESOLVED that the LTBB Tribal Council amends the
Legislative Branch Operations Governmental Employee Personnel Policies Handbook to read as
follows: Section II. EMPLOYEE BENEFITS & COMPENSATION PROGRAM, A.1. a) “Little
Traverse Bay Bands of Odawa Indians health insurance plan provides eligible employees and
their dependents access to medical, dental, and vision care insurance benefits. Eligible
employees may participate in the health insurance plan. If both spouses work for LTBB Tribal
Government, only one LTBB health insurance plan will be issued”; and in A. 8. b) “The 401(k)
Savings Plan allows employees to elect how much salary they want to contribute, up to the plan
maximum. LTBB contributes an additional matching amount up to a maximum of 5% of gross
income.”

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(Source: TRIBAL RESOLUTION #110316-01)
18.631(8.15)(a)
APPROPRIATION FOR NATURAL RESOURCES DEPARTMENT
(NRD) TREE PURCHASE IN THE AMOUNT OF $943.00
WHEREAS the LTBB Natural Resources Department developed a plan for remediation of tree
cutting that occurred on its Cross Village trust property. The NRD’s remediation plan included
payment of $943.00 from the neighboring land owner for purchase of replacement trees and
shrubs, which payment has been received by the Tribe;
A.

THEREFORE BE IT RESOLVED that the Tribal Council appropriates $943.00 to the

Natural Resources Department for the purpose of purchasing trees and other plants for the Cross
Village trust property.
(Source: TRIBAL RESOLUTION #080615-02)
18.632(1.06)(a)

POSSESSION OF FIREARMS

Codification Note: Repealed and Replaced by TRIBAL RESOLUTION #090302-03 @
18.667(9.20)(a)
(Source: TRIBAL RESOLUTION #010806-01)
18.633(4.06)(a)
WOMEN WORKING FOR THE TRIBE SHALL BE TREATED
EQUALLY AND SHALL NOT BE REQUIRED TO DRESS IN A MORE REVEALING
MANNER THAN A MAN IN THE SAME JOB
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected legislative body of the Tribe;
B.
WHEREAS the Tribal Council respects women as the givers of life and supports
equality for women in the work place;

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C.
THEREFORE, BE IT RESOLVED that women working for the Little Traverse Bay
Bands of Odawa Indians in any capacity or enterprise shall not be required to meet any working
conditions that are different than men in the same work environment and shall never be required
to dress in a more revealing manner than a man in the same position and that policies that
discriminate against women or force women to dress in a more revealing manner than a man in
the same position shall be deemed illegal and unenforceable.
(Source: TRIBAL RESOLUTION #040906-02)
18.634(4.06)(b)

PROHIBITING POLICIES THAT DISCRIMINATE AGAINST

TRIBAL MEMBERS WITH LONG HAIR
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected legislative body of the Tribe;
B.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council recognizes
long hair as both traditional and religious practice of many Tribal Members;
C.

WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council recognizes

the economic necessity of Tribal Members to have good employment without sacrificing
tradition, culture or religion;
D.
THEREFORE, BE IT RESOLVED that policies that interfere with Tribal Member
employment opportunities due to tradition, culture or religion and reasonable outward displays of
these beliefs such as long hair or wearing an Odawa traditional, cultural or religious symbol,
within the Tribal Government and the Tribe’s enterprises shall be deemed illegal and
unenforceable and in direct conflict with the Indian Preference in Employment.
(Source: TRIBAL RESOLUTION #040906-04)
18.635(04.06)(c)

APPROVAL OF FOUR DIRECTIONS VIDEO CONTENT

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A.
WHEREAS the government operating budget for fiscal year 2005 included an
appropriation for the Four Directions video project, and Resolution 12180510 authorized carryover of those funds into subsequent years until the projects are completed;
B.
WHEREAS the Tribal Council reviewed a draft of the Four Directions video at its work
session on April 8, 2006;
C.
THEREFORE BE IT RESOLVED the Tribal Council of the Little Traverse Bay Bands
of Odawa Indians approves the content of the Four Directions video as shown at its work session
on April 8, 2006.
(Source: TRIBAL RESOLUTION #040906-05)
18.636(4.06)(d)
PROHIBITING EMPLOYMENT POLICIES THAT
DISCRIMINATE AGAINST TRIBAL CITIZENS
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected legislative body of the Tribe;
B.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council recognizes
many Tribal Citizens are not the body type, hair length or physically the best fit to fill many
positions the Tribe is developing due to outside influences;
C.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council recognizes
that many Tribal Citizens are missing teeth and would like them but need jobs with benefits to be
able to afford teeth;
D.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council recognizes
Tribal Citizens need jobs and should have priority in hiring in accordance with the Tribe’s Indian
Preference Statute;
E.
THEREFORE, BE IT RESOLVED that policies that interfere with Tribal Citizen
employment opportunities within the Tribal Government and the Tribe’s enterprises based upon
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height, weight, age, sex, physical appearance, or missing teeth shall be deemed illegal and
unenforceable and in direct conflict with the Indian Preference in Employment.
(Source: TRIBAL RESOLUTION #040906-06)
18.637(4.06)(e)
RESOLUTION FOR FUNDING TRAVEL TO NCAI MID-YEAR
RD
AND 63 ANNUAL CONVENTION FOR NCAI YOUTH DELEGATES AND
CHAPERONES
A.

WHEREAS the LTBB actively supports and retains a voting membership with the

National Congress of American Indians (“NCAI”);
B.
WHEREAS the Tribal Council supported the NCAI Youth Commission approving a
travel budget for 4 Little Traverse Bay Bands of Odawa Indian student representatives with 2
Little Traverse Bay Bands of Odawa Indians Chaperones to the NCAI 61st Annual Convention in
Ft. Lauderdale in 2004;
C.
WHEREAS “promote with special care the health, educational and economic interests of
all the people, especially our children…” is the second directive principal in the Constitution of
the Waganakising Odawak;
D.
WHEREAS as future leaders, LTBB Youth need to be educated in leadership and
national tribal concerns in order to gain an understanding of the issues they will face as leaders in
our local, Tribal, and National Communities;
E.
WHEREAS the NCAI Youth Commission purposes to enhance leadership skills among
Tribal youth, and to provide an opportunity to acquire knowledge from NCAI and Tribal
Leaders;
F.
THEREFORE BE IT RESOLVED the Little Traverse Bay Bands of Odawa Indians
Tribal Council authorizes a 2006 NCAI Youth Delegation of 4 LTBB student representatives and
2 LTBB chaperones to attend NCAI Mid-Year Conference in Sault Ste. Marie and NCAI 63rd

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Annual Convention in Sacramento, CA;
G.
BE IT ALSO RESOLVED that Tribal Council appropriates an additional sum of
$18,000 for NCAI Youth Delegate FY2006 travel to come from prior year fund balance;
H.
BE IT FINALLY RESOLVED: that the Tribal Council approves budget modification
to FY 2006 TGO-Chairman 1107-xx.
(Source: TRIBAL RESOLUTION #040906-08)
18.638(5.06)(a)

APPROVAL OF POLICY FOR MANAGEMENT OF CAPITAL

PROJECT FUNDS
A.
WHEREAS The Tribal Constitution in Article VII(D)(2) delegates to the Tribal Council
the power “to Approve or disapprove policies, resolutions and regulations presented from the
Executive branch;”
B.
WHEREAS the Tribal Council reviewed the “Policy for Management of Capital Projects
Capital Project Funds” presented by the Executive in the Executive Report to the Tribal Council
dated May 7, 2006;
C.
THEREFORE, BE IT RESOLVED that Tribal Council approves the “Policy for
Management of Capital Projects Capital Project Funds” presented by the Executive in the
Executive Report to the Tribal Council dated May 7, 2006 effective immediately.
(Source: TRIBAL RESOLUTION #050706-09)
18.639(6.06)(a)
OPPOSITION TO KENNECOTT MINERALS PROPOSED
SULFIDE ORE MINE
A.
WHEREAS The Kennecott Minerals Company has applied for permits to mine a sulfide
ore deposit in the headwaters of the Salmon Trout River and Yellow Dog River, and

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B.
WHEREAS These Rivers are tributaries to Lake Superior, which could ultimately
receive pollutants from any mining by Kennecott, and
C.
WHEREAS Lake Superior is hydrologically connected to Lake Michigan and
Reservation Waters of the Little Traverse Bay Bands of Odawa Indians, and
D.
WHEREAS The Tribe is concerned about sulfide mineral mining because sulfide ore,
when exposed to air and water, can cause acid mine drainage, and
E.

WHEREAS The devastating effects of acid mine drainage on aquatic and terrestrial

ecosystems are well documented and understood, and pose an unacceptable risk to the fishery
resources of Lake Superior and its tributaries and other Great Lakes, and
F.
WHEREAS Due to the environmental impacts, sulfide mining poses numerous risks to
tribal life ways and resources upon which all tribes rely to sustain their culture, and
G.
WHEREAS Kennecott has also engaged in exploratory drilling within the boundaries of
the Keweenaw Bay Indian Community’s L’Anse Reservation, and
H.
WHEREAS the potential exists that Kennecott could engage in exploratory drilling
within the boundaries of other tribes, including the Little Traverse Bay Bands of Odawa Indians
reservation boundaries.
I.
THEREFORE, BE IT RESOLVED, that the Little Traverse Bay Bands of Odawa
Indians shares the conviction of the Keweenaw Bay Indian Community that sulfide mining, and
in particular the mine proposed by Kennecott Mineral Company, poses unacceptable risks to the
water-rich environment of the Yellow Dog Plains.
J.

FURTHER RESOLVED, that the Little Traverse Bay Bands of Odawa Indians

recognizes the potential environmental impacts associated with the proposed Kennecott mine
including the long term environmental impact on the Lake Superior watershed and the
watersheds of other Great Lakes.

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K.
FURTHER RESOLVED, that the Little Traverse Bay Bands of Odawa Indians
recognize that a decision to allow Sulfide mine in the headwaters of the Salmon Trout River and
Yellow Dog River will set a precedent for decisions related to sulfide mining operations in the
State of Michigan.
L.
FINALLY BE IT RESOLVED, that the Little Traverse Bay Bands of Odawa Indians
supports the Keweenaw Bay Indian Community in its opposition to sulfide mining within the
boundaries of its Reservation.
(Source: TRIBAL RESOLUTION #061106-10)
18.640(6.06)(b)

PROVIDING FOR AMENDMENT OF REVENUE ALLOCATION
PLAN

A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians (the “Tribe”) conducts
class III gaming as authorized by the Indian Gaming Regulatory Act of 1988 (“IGRA”);
B.
WHEREAS IGRA does not allow “net revenues” (as defined in IGRA) of tribal gaming
to be used for any purpose other than:
(1)

to fund tribal government operations or programs;

(2)
to provide for the general welfare of the Indian tribe and its
members;
(3)

to promote tribal economic development;

(4)

to donate to charitable organizations; or

(5)

to help fund operations of local government agencies;

provided that those net revenues may be used to make per capita payments to members of an Indian
Tribe if the Indian tribe has prepared a plan to allocate revenues as provided above and the plan is
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approved on behalf of the Secretary of the Interior (the “Secretary”);
C.
WHEREAS by Resolution # 100503-01, as amended by Resolution # 110203-01, the
Tribal Council of the Tribe approved a Revenue Allocation Plan for the Tribe, which was
approved by the Secretary in accordance with IGRA, by Resolution 062704-07 the Tribal
Council kept that Plan in place for subsequent years, which was approved on behalf of the
Secretary, and by Resolution 100905-06 Tribal Council amended the definition of “Distributable
Net Revenues” in the Plan, which amendment was also approved on behalf of the Secretary;
D.

WHEREAS the Tribe seeks to further promote the interests of its minors;

E.
THEREFORE BE IT RESOLVED that subject to approval on behalf of the Secretary,
the Revenue Allocation Plan is amended by replacing Section VII with the following new
Section VII:
SECTION VII.

ATTACHMENT

The funds distributed to Tribal members under this Plan shall not be subject
to attachment to satisfy any lien, judgment or any other debt, except for
enforcement of child support orders entered in the LTBB Tribal Court. Such orders
include those entered in original LTBB Tribal Court actions and orders entered by
the Tribal Court granting full faith and credit to support orders from other
jurisdictions after filing in, and review by, the LTBB Tribal Court.
F.
FURTHER RESOLVED that the Tribe shall request approval of this Amendment on
behalf of the Secretary, and shall use the Tribe’s best efforts to obtain that approval;
G.
FINALLY RESOLVED that the Tribal Chairman is authorized and directed to promptly
submit this Amendment to the proper federal officials to obtain the Secretary’s approval, and to
take all action reasonable and necessary to obtain that approval.
(Source: TRIBAL RESOLUTION #061106-22)

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18.641(8.06)(a)

HONORING LEWIS STEPHEN ADAMS SR.

A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected legislative body of the Tribe;
B.
WHEREAS Lewis Stephen Adams Sr, Wyaudtnoong (Little Detroit), born 6/22/1922
married Doris Amelia Kishigo 7/25/1946 and walked on 1/27/1964;
C.
WHEREAS 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;
D.
WHEREAS Lewis served honorably in the United States Marine Corp from 1942 to
1946 seeing action on the volcanic island of Iwo Jima;
E.
WHEREAS 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;
F.

WHEREAS He started the Little Traverse Indian Club of Harbor Springs and helped

organize the last Hiawatha Pageant in Ottawa Stadium;
G.
WHEREAS 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;
H.
WHEREAS 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.
I.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council posthumously bestows upon Lewis Stephen Adams Sr. its greatest honors
and accolades, and thanks Lewis and his family for their many contributions to our community

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and recognizes the 50th anniversary of the Mackinaw Bridges construction, Labor Day 2006, as
Lewis Stephen Adams Sr. Day.
(Source: TRIBAL RESOLUTION #080606-05)
18.642(9.17)(a)
APPROVAL OF FY 2018 – FY 2021 TRIBAL TRANSPORTATION
IMPROVEMENT PLAN
A.

WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the elected

legislative body of the Tribe;

B.
WHEREAS the Tribe wishes to ensure the future of the local transportation system for
the benefit of its members;
C.
WHEREAS the Tribal Council has determined there is a need for road improvements
within the reservation area;
D.
WHEREAS there are funds available through the Bureau of Indian Affairs for a program
of services which will meet those needs as identified annually by the Tribal Council;
E.
WHEREAS under the Tribal Transportation Program, LTBB has updated the Tribe’s
Indian Reservation Roads Inventory and the Long-Range Transportation Plan;
F.
WHEREAS the Bureau of Indian Affairs, Indian Reservation Roads Program has
provided the Tribe with an opportunity to indicate its 2018 – 2021 Transportation project
priorities.
G.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council approves the priorities and projects indicated in the attached Tribal
Transportation Improvement Plan (TTIP) for 2018 – 2021.

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H.
FURTHER RESOLVED, that the LTBB Tribal Chair, Tribal Vice Chair, Tribal
Administrator, or another designee from the Tribal Chair is authorized to execute any documents
necessary to apply for, receive, and administer funds under the contract.
(Source: TRIBAL RESOLUTION #092817-01)
18.643(9.17(b)
IN OPPOSITION TO THE PROPOSED GRAHAM-CASSIDYHELLER-JOHNSON LEGISLATION
A.

WHEREAS The Federal trust responsibility emanates from the unique relationship

between the United States and Indians in which the Federal Government undertook the
obligation to insure the survival of Indian tribes. "The federal Indian trust responsibility is a
legal obligation under which the United States "has charged itself with moral obligations of the
highest responsibility and trust" toward Indian tribes (Seminole Nation v. United States,
1942)";
B.
WHEREAS The proposed Graham-Cassidy-Heller-Johnson legislation would violate
the federal trust responsibility by shifting federal dollars to the states and not directly to tribes;
C.
WHEREAS It is important that federal government maintain the current structure of
providing for Indian Health Care dollars directly to the Tribes, by following the Snyder Act of
1921 (25 USC 13) and the permanent reauthorization of the Indian Health Care Improvement
Act [enacted in 2010 as part of the Patient Protection and Affordable Care Act (P.L. 111-148)]
that provided for specific legislative authority for Congress to appropriate funds specifically for
the health care of Indian people.
D.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council opposed to the Proposed Graham-Cassidy-Heller-Johnson legislation and
the potential impact to Tribes.
E.
FINALLY BE IT RESOLVED that in accordance with the Constitution, the Executive
Branch shall submit a copy of this Resolution to the appropriated Congressional Offices and
federal officials.
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(Source: TRIBAL RESOLUTION #092817-04)
18.644(11.17(a)
IN SUPPORT OF “WE ARE ALL IN” AT THE U.S. CLIMATE
ACTION CENTER AND AT THE UN CLIMATE TALKS (COP23)
A.
WHEREAS “ IN THE WAYS OF OUR ANCESTORS, to perpetuate our way of
life for future generations, we the Little Traverse Bay Bands of Odawa Indians, called in
our own language the WAGANAKISING ODAWAK, a sovereign, self-governing people
who follow the Anishinaabe Traditions, Heritage, and Cultural Values, set forth within
this Constitution the foundation of our governance.
B.
WHEREAS We will work together in a constructive, cooperative spirit to
preserve and protect our lands resources and Treaty Rights, … In keeping faith with our
Ancestors, we shall preserve our Heritage while adapting to the present world around
us…”
C.
WHEREAS The Little Traverse Bay Bands of Odawa Indians has set its own
emission reduction targets and has adopt its own strategies for reaching them by passing
Tribal Resolution #051505-01 in which the Tribe committed to increase it percentage of
total energy from renewable energy sources by 25%;
D.
WHEREAS Tribal Government, Odawa Casino Resort and staff have been active
in working to reduce emission of green-house gases and become more energy efficient by
building housing that are environment friendly, replacing watt bulbs with LED bulbs in
all governmental building, and the Odawa Casino resort was able to reduce its energy use
by 3.38 percent 2016 and 1.4 million kWh of electricity and more than 26,000 MMBTU
of natural gas by the end of 2015;
E.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of
Odawa Indians Tribal Council support “We are All In” at the U.S. Climate Action Center
and at the UN climate talks (COP23) to be held in Bonn.

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(Source TRIBAL RESOLUTION #110917-03)
18.645(11.17)(b)
REPEAL OF TRIBAL RESOLUTION #042907-02
LEGISLATIVE BRANCH OPERATIONS GOVERNMENTAL EMPLOYEE
PERSONNEL POLICIES HANDBOOK
A.
WHEREAS Tribal Resolution #042907-02 was adopted on May 2, 2007, approving the
Legislative Branch Operations Governmental Employee Personnel Policies Handbook;
B.

WHEREAS the Legislative Branch Operations Governmental Employee Personnel

Policies Handbook that passed in 2007, as amended, no longer reflects current law, and is in
need of replacing;
C.
WHEREAS Tribal Council has updated the Legislative Branch Operations
Governmental Employee Personnel Policies Handbook that now reflects current law;
D.
WHEREAS according to WOS 2015-019, Administrative Procedures Act, Tribal
Council is authorized to use a “Legislative Directive” for operation of the Legislative Branch.
E.
WHEREAS on November 9, 2017 Tribal Council passed a Legislative Directive that
approves the updated Legislative Branch Operations Governmental Employee Personnel Policies
Handbook.
F.
THEREFORE BE IT RESOLVED that Tribal Resolution #042907-02 Legislative
Branch Operations Governmental Employee Personnel Policies Handbook is repealed along with
any other Tribal Resolutions that amended the 2007 Legislative Branch Operations
Governmental Employee Personnel Policies Handbook.
(Source: TRIBAL RESOLUTION #110917-02)
18.646(11.17)(c)
REMOVAL OF ENBRIDGE LINE 5 FROM UNDER THE
STRAITS OF MACKINAC

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A.

WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the elected

Legislative body of the Tribe;

WHEREAS Tribal citizens have harvested fish in the Great Lakes for subsistence and
commercial purposes since time immemorial. The Tribe’s right of subsistence and commercial
fishing, reserved in Article 13 of the 1836 Treaty, is of central cultural, social and economic
significance to LTBB and its citizens, and the Tribe strives to protect the quality of the
environment for future generations. The Preamble to the Constitution says “We will work
together in a constructive, cooperative spirit to preserve and protect our lands, resources and
Treaty Rights”;
B.

WHEREAS LTBB is a party to the case of United States v. Michigan, 2:73-CIV-26 (WD
MI) in which the Tribe’s fishing rights in the 1836 Treaty ceded portions of the Great Lakes
were upheld, and it is a signatory to the 2000 Consent Decree entered in that case. The Straits of
Mackinac lie at the heart of the Great Lakes waters ceded in the 1836 Treaty;
C.

WHEREAS the Little Traverse Bay Bands of Odawa Indians enacted Tribal Resolution
030515-01 Decommission and Safe Removal of Pipeline Running under the Straits of Mackinac;
D.

WHEREAS on November 27, 2017 the State of Michigan’s Governor Snyder signed a
new agreement with Enbridge Energy Partners, without consulting LTBB or any other Tribes,
that contemplates building a new tunnel under the Straits of Mackinac to house Line 5;
E.

WHEREAS the Tribe opposes any attempts to construct a tunnel under the Straits of
Mackinac in lieu of decommissioning Line 5, and believes the measures laid out in the
Michigan-Enbridge agreement are grossly inadequate to protect the Great Lakes;
F.

THEREFORE, BE IT RESOLVED that to honor the Tribe’s duty to protect the natural
environment and its Great Lakes Treaty fishing rights, the Little Traverse Bay Bands of Odawa
G.

Indians reiterates its call to immediately decommission and safely remove the portion of
Enbridge’s Line 5 running under the Straits of Mackinac.
(Source: TRIBAL RESOLUTION #113017-01)
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18.647(2.18)(a)
A.

SUPPORT OF CORA’S PL 93-638 CONTRACT

WHEREAS LTBB is a member of the Chippewa Ottawa Resource Authority (CORA);

B.
WHEREAS the member Tribes of CORA have reserved hunting, fishing and gathering
rights in the lands and waters ceded by the Treaty of March 28, 1836 (7 Stat. 491);
C.
WHEREAS CORA has been authorized by its member Tribes to contract with the
Bureau of Indian Affairs pursuant to P.L. 93-638, as amended, to administer certain Great Lakes
fishery management and protections functions;
D.
WHEREAS the member Tribes of CORA have thereby expressed their support and
participation in CORA’s budgetary process and receipt of federal funding.
E.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians affirms that the Chippewa Ottawa Resource Authority has been delegated authority by
this Tribe, along with the four other member Tribes of the organization, to contract with the
Bureau of Indian Affairs pursuant to P.L. 93-638 to administer and implement Great Lakes
fishery management and protection functions for FY 2017 in the amount of $120,276.00.
FURTHER RESOLVED that CORA is authorized to contract with the Bureau of Indian Affairs
pursuant to P.L. 93-638 for these functions for FY 2018.
FINALLY RESOLVED that this authorization and support is based on the foundational
documents of the Chippewa Ottawa Resource Authority, contained in Appendices A and
B of the August 7, 2000 Consent Decree entered in United States, et al. v. State of
Michigan.
(Source: TRIBAL RESOLUTION #020818-01)
18.648(2.18)(a)
APPOINTMENT

MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE

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A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the
elected governing body of the Tribe;
B.
WHEREAS the LTBB Elders desire to continue representing LTBB at meetings of the
Michigan Indian Elders Association;
C.
WHEREAS the LTBB Elders have by nomination and secret ballot appointed Richard
Wemigwase and Julie Shananaquet as delegates and Joann Carey as alternate delegate;
D.

WHEREAS the Michigan Indian Elders Association requires the delegates to be

appointed by their Tribal Council by resolution;
E.
THEREFORE BE IT RESOLVED that Richard Wemigwase and Julie Shananaquet are
appointed as delegates and Joann Carey as an alternate delegate to represent LTBB with the
Michigan Indian Elders Association until a successor is appointed.
(Source: TRIBAL RESOLUTION # 020818-03)
18.649(6.18)(a)
OPPOSITION TO THE RESTRUCTURING OF THE BUREAU OF
INDIAN AFFAIRS REGIONAL OFFICE AND LOCAL AGENCY
A.
WHEREAS Little Traverse Bay Bands of Odawa Indians requests that the Department
of the Interior work with Indian Nations on a government-to-government basis and include
consultation with all Indian Nations on matters that affect Indian Homelands, including the
reorganization of Department of Interior;
B.
WHEREAS the Bureau of Indian Affairs Midwest Region provides funding and
support to thirty-six (36) federally recognized Indian tribes located in the states of Minnesota,
Wisconsin, Michigan and Iowa and the Michigan Agency is located in Sault Ste. Marie,
Michigan;

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C.
WHEREAS there are twelve federally recognized tribes in Michigan, five are located in
the Upper Peninsula and seven Tribes in the lower Peninsula, there is only one Tribe in Indiana
which is the Pokagon Band of Potawatomi Indians that is located in both Michigan and Indiana;
D.

WHEREAS there are no federally recognized tribes in Ohio;

E.
WHEREAS the Michigan Tribes have been effectively served by the Regional office and
the Michigan local agency and see no reason for a change to the current setup;
F.

WHEREAS as members of the Midwest Alliance of Sovereign Tribes, (MAST) that was

founded in 1996, and represents the thirty-five sovereign tribal nations of Minnesota, Wisconsin,
Iowa, and Michigan, we have established a good working relationship with the other regional
Tribes and we see no advantage in the making of a new BIA region.
G.
THEREFORE, BE IT RESOLVED, that Little Traverse Bay Bands of Odawa Indians
requests that Bureau of Indian Affairs Midwest Region continue to serve the twelve (12)
federally recognized tribes in Michigan and that the Michigan local agency continues to be
accessible to all of the Tribes in Michigan.
H.
FURTHER BE IT RESOLVED this resolution shall be the policy of Little Traverse
Bay Bands of Odawa Indians until it is withdrawn or modified by subsequent resolution.
(Source: TRIBAL RESOLUTION #061218-01)
18.650(6.18)(a)
OPPOSITION TO THE "ZERO-TOLERANCE" IMMIGRATION
POLICY OF SEPARATING FAMILIES
A.
WHEREAS many of the families apprehended at the border come from Central America
fleeing gang violence and poverty and seeking asylum in the United States;
B.
WHEREAS the Trump administration has introduced a "zero-tolerance" immigration
policy calling for the prosecution of all individuals who illegally enter the United States that

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includes the forced separation of children from their migrant parents when they cross the border;
C.

WHEREAS there is no law mandating the separation of families;

D.
WHEREAS At least 2,342 children were separated from their parents between May 5,
2018 and June 9, 2018, as a result of the policy.
E.
WHEREAS Ravina Shamdasani, a spokeswoman for the Office of the United Nations
High Commissioner for Human Rights stated “The U.S. should immediately halt this practice of
separating families and stop criminalizing what should at most be an administrative offense —
that of irregular entry or stay in the U.S.”;
F.
WHEREAS on June 21, 2018, President Donald Trump signed an executive order to
temporarily stop family separations at the border, but the President’s zero tolerance policy
toward illegal entry will remained intact.
G.
THEREFORE, BE IT RESOLVED, that Little Traverse Bay Bands of Odawa Indians
vehemently oppose the current "zero-tolerance" immigration policy that includes forcibly
separating children from their parents.
H.
FURTHER BE IT RESOLVED and we respectfully request that this policy be
revised so that these migrant children and their parents do not have to suffer detrimental
trauma that follows when families are forcibly torn apart.
(Source: TRIBAL RESOLUTION #062818-01)
18.651(6.18)(a)
MORATORIUM ON THE PURCHASE AND SALE OF NESTLE
BOTTLED WATER PRODUCTS
A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians (LTBB) is governed by a
Tribal Constitution adopted by the Tribal Citizens on February 1, 2005;

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B.
WHEREAS groundwater is considered sacred and is a cultural resource of the LTBB
Tribe and its Tribal Citizens;
C.
WHEREAS LTBB disagrees with the Michigan Department of Environmental Quality
(MDEQ) decision, April 2, 2018, that approved Nestle Waters North America Inc. (Nestle) a
permit to increase its groundwater withdrawal from a well located in Osceola County, northwest
of Evart;
D.
WHEREAS the permit allows Nestle to increase the water withdrawal rate at White Pine
Springs well No. 101 from 250 to 400 gallons-per-minute;
E.
WHEREAS Nestlé sold $7.7 billion worth of bottle water worldwide, with more than
$343 million coming from Michigan, where the company bottles Ice Mountain Natural Spring
Water and Pure Life.
F.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians (LTBB) orders a moratorium on the purchase and sale of Nestle bottled water products,
Ice Mountain Natural Spring Water and Pure Life, at any LTBB owned and operated facility; or
any LTBB sponsored event; and further urges its Tribal Citizens to similarly boycott Nestle
bottled water products.
(Source: TRIBAL RESOLUTION #062818-03)
18.652(6.18)(a)
SUPPORT FOR MICHIGAN INDIAN LEGAL SERVICES’
BUREAU OF JUSTICE ASSISTANCE GRANT
A.
WHEREAS the Waganakising Odawak, known in English as Little Traverse Bay Bands
of Odawa Indians is a nation of citizens with inherent sovereignty and right to self-governance;
B.
WHEREAS the Little Traverse Bay Bands of Odawa Indians (“LTBB”) is a federally
recognized Indian Tribe under Public Law 103-324, and is a party to numerous Treaties with the
United States the most recent of which being the Treaty of Washington of March 28, 1836 (7

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Stat. 491) and the Treaty of Detroit of 1855 (11 Stat. 621);
C.
WHEREAS the Little Traverse Bay Bands of Odawa Indians has a compelling interest to
enhance access to civil legal assistance services for its citizens and to enhance criminal defense
counsel services at Tribal criminal proceedings for them;
D.
WHEREAS the Bureau of Justice Assistance (BJA) as a component of the United States
Department of Justice has announced a grant opportunity under the BJA Tribal Civil and
Criminal Legal Assistance Grants, Training, and Technical Assistance Fiscal Year 2018
Competitive Grant to support civil and criminal legal assistance to low-income individuals,
through nonprofit organizations who are experienced in providing legal assistance services to
eligible individuals pursuant to federal poverty guidelines, federally recognized Indian tribes, or
tribal justice systems.
E.

THEREFORE BE IT RESOLVED THAT:
1.

the Little Traverse Bay Bands of Odawa Indians supports the submission of
application under the BJA TCCLA grant by the Michigan Indian Legal Services
(MILS) through its collaborator Montana Legal Services Association to strengthen
civil and criminal legal assistance to low-income members, including but not limited
to public defender services, civil legal assistance addressing collateral consequences
of conviction and arrest, and supporting annual veterans’ clinics;

2. the Little Traverse Bay Bands of Odawa Indians authorizes MILS to implement the
project of civil and criminal legal assistance within the boundary of the Reservation;
3. Montana Legal Services Association will be the lead agency in the submission of this
application and will assume full responsibility for the fiscal integrity as well as
program development and implementation of this application; and

4. the Tribal Chairperson and designees are delegated the authority and responsibility to
forward this resolution to the appropriate officials and to sign all documents
necessary to effect this action.
(Source: TRIBAL RESOLUTION #062818-05)

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18.653(10.18)(a)
A.
data;

SECURED CENTRALIZED DATA STORAGE SYSTEM

WHEREAS since the early 1990’s the Tribe has sent out a number of surveys to collect

B.
WHEREAS the surveys ask our Tribal Citizens questions on health, housing, substance
abuse, and general welfare;
C.
WHEREAS this data from the surveys is important and vital for historical statistics and
trends and should be kept is a safe and centralized location for future use.
D.
WHEREAS this data from the surveys is important and vital for historical statistics and
trends and should be kept is a safe and centralized location for future use.
E.
NOW THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council does hereby require all Tribal branches of government and departments to
work with the Executive Department of Management Information Systems to transfer data
collected from our Tribal Citizens to be stored for future use.
F.
FURTHER BE IT RESOLVED the Executive Department of Management Information
Systems shall set up a secured centralized data storage system and backup system that can store
survey data for future use.
(Source: TRIBAL RESOLUTION #101118-01)
18.654(10.18)(b)
OPPOSITION OF THE STATE OF MICHIGAN’S AGREEMENT
WITH ENBRIDGE ABOUT LINE 5
A.

WHEREAS The Little Traverse Bay Bands is a member of the Chippewa Ottawa

Resource Authority (CORA); and

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B.
WHEREAS The member Tribes of CORA have reserved hunting, fishing and gathering
rights in the lands and waters ceded by the Treaty of March 28, 1836 (7 Stat. 491); and
C.
WHEREAS Because of the dangerous nature of oil and gas pipelines, Enbridge’s poor
safety record, and the location Line 5 on, near, and over water important to the ecosystems that
support the hunting, fishing, and gathering rights; and
D.
WHEREAS The State of Michigan did not consult with tribes about this decision before
it was made. They simply informed the tribes about it; and
E.

WHEREAS The impact that the tunnel construction and operation will have on the

surrounding ecosystems has not been assessed; and
F.
WHEREAS The State of Michigan acknowledges the risk posed by Line 5 to Michigan’s
ecosystems, yet building a tunnel only addresses one segment of that pipeline; and
G.
WHEREAS Managing the operations of the proposed utilities tunnel is outside the
original purpose of the Mackinaw Bridge Authority.
H.
THEREFORE BE IT RESOLVED, LTBB opposes the agreement that includes the
construction of a utilities tunnel under the Straits of Mackinac and an allowance for Enbridge to
continue to use Line 5. Building a utilities tunnel and assigning the management of the tunnel to
the Mackinac Bridge Authority is not an adequate solution to mitigate the risk posed by the
operation of Line 5. The only adequate solution is to decommission and safely remove all
segments of Line 5.
(Source: TRIBAL RESOLUTION #102718-01)
18.655(10.18)(c)

PAID TIME-OFF FOR ELECTIONS

A.
WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Constitution
provides: Purpose, Fundamental Rights. We, the Little Traverse Bay Bands of Odawa Indians,
speak through this document to assert that we are a distinct nation of Anishinaabek of North
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America that possess the right to: self-determination; freely determine our political status; freely
pursue our economic, social, religious and cultural development, and determine our
membership, without external interference. These same rights and principles the Little Traverse
Bay Bands of Odawa Indians acknowledge to be inherent among other peoples, nations and
governments throughout the world. We recognize their sovereignty and pledge to maintain
relations with those peoples, nations and governments who acknowledge those same
fundamental human rights and principles, and who recognize the sovereignty of the Little
Traverse Bay Bands of Odawa Indians;
B.

WHEREAS voting in Tribal Elections is a fundamental privilege and right of a Little

Traverse Bay Bands of Odawa Indians Tribal Citizen;
C.
WHEREAS the Tribe encourages all of its employees to exercise their right to vote in all
elections, Tribal, state and federal.
D.
NOW THEREFORE BE IT RESOLVED That the Little Traverse Bay Bands of
Odawa Indians Tribal Council does hereby require all Tribal branches of government and
Tribally owned enterprises or business allow employees and Tribal Citizens leave without loss of
compensation during polling hours in order to vote in Tribal, state and federal elections,
including special elections and primaries.
(Source: TRIBAL RESOLUTION #102718-04)
18.656(11.18)(a)
SUPPORT FOR PROPOSED TIMBER SALES ON LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS TRUST LANDS
A.
WHEREAS the Tribe has established a Natural Resources Department (NRD) which has
been tasked with the management of natural resources on Tribal Trust land;
WHEREAS the Natural Resources Department has recommended timber sale at the LTBB
B.
Tribal Government Campus (sale unit #1 at 7500 Odawa Circle, Harbor Springs in Little
Traverse Township, Michigan) in order to decrease the risk of wildfire and to reduce the
dominance of non-native tree species and promote the healthy growth of fire resilient native tree
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species;
C.
WHEREAS the timber sales will provide for the management of the forest by harvesting
designated trees using sound silvicultural practices;
D.

THEREFORE, BE IT RESOLVED
1.
that the Little Traverse Bay Bands of Odawa Indians authorizes the
sale of timber on the above-listed timber sale units and authorizes the
Tribal Chair, Vice Chair, Direct Services Administrator or another designee
from the Tribal Chair to sign contract(s) or other documents necessary to
implement timber sales on the above-listed sale units for and on behalf of
the Tribe.
2.
that any profits from said timber sales will be granted to the
Natural Resources Department for tree planting and restoration at the
Tribal Government Campus (sale unit #1).

(Source: Tribal Resolution #110818-01)
18.657(12.18)(a)
SUPPORT FOR CHIPPEWA OTTAWA RESOURCE AUTHORITY
LITIGATION SUPPORT REQUEST FOR FY 2019
A.
WHEREAS Tribal citizens have harvested fish in the Great Lakes for subsistence and
commercial purposes since time immemorial. The Tribe’s right of subsistence and commercial
fishing reserved in Article 13 of the 1836 Treaty is of central cultural, social and economic
significance to LTBB and its citizens. LTBB is a party to the case of United States v. Michigan,
2:73-CIV-26 (WD MI) in which the Tribes’ fishing rights in the 1836 Treaty ceded portions of
the Great Lakes were upheld, and it is a signatory to the 2000 Consent Decree entered in that
case;
B.
WHEREAS LTBB is a member of the Chippewa Ottawa Resource Authority (CORA),
the purpose of which is to ensure, through inter-tribal coordination and cooperation, the
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conservation and wise utilization of the natural resources reserved to the Tribes in the 1836
Treaty. The other CORA member Tribes are the Bay Mills Indian Community, the Sault Ste.
Marie Tribe of Chippewa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians,
and the Little River Band of Ottawa Indians;
C.
WHEREAS the 2000 Consent Decree expires in 2020, and its renegotiation will require
extensive travel and expert assistance. The conduct of this negotiation and/or litigation will
engender significant litigation expenditures, which are not within the capacity of LTBB to
undertake on its own;
D.

WHEREAS in furtherance of the effective implementation of the Great Lakes Treaty

fishing right through negotiation and/or litigation beyond the year 2020 CORA has applied to the
Department of the Interior, Bureau of Indian Affairs (BIA) for FY 2019 litigation support
funding;
E.
THEREFORE BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians approves and supports submission of the request for FY 2019 litigation support funds by
the Chippewa Ottawa Resource Authority to the Bureau of Indian Affairs.
F.
FURTHER RESOLVED that the Executive Director of the Chippewa Ottawa Resource
Authority is authorized to undertake any and all actions necessary to obtain approval of this
request for litigation support funding, and to sign any resulting contract documents for approved
funding under the provisions of PL 93-638, as amended.
G.
FINALLY RESOLVED that the LTBB Chairperson or designee is authorized to
execute, by and on behalf of LTBB, any other documents that may be necessary to support the
Chippewa Ottawa Resource Authority’s request for Litigation Support Funds.
(Source: TRIBAL RESOLUTION #122018-06)
18.658(2.19)(a)
OPPOSITION TO NOMINATION AND CONFIRMATION OF ERIC
MILLER TO THE NINTH CIRCUIT COURT OF APPEALS

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A.
WHEREAS President Donald Trump has nominated Eric Miller to fill a vacant seat on
the Ninth Circuit Court of Appeals; and
B.
WHEREAS there are 427 federally recognized tribes in the Ninth Circuit, more than any
other Federal Court of Appeals; and
C.
WHEREAS the Ninth Circuit hears more tribal cases than any other, it is a leader in the
field of federal Indian law, other circuits often follow its example, and it feeds more tribal cases
into the Supreme Court; and
D.

WHEREAS Miller built a law practice on mounting repeated challenges to tribal

sovereignty, lands, religious freedom, and the core attribute of federal recognition of tribal
existence in cases and more than half of the professional accomplishments listed on his law firm
website came at the expense of tribal rights and interests; and
E.
WHEREAS his advocacy has focused on undermining the rights of Indian tribes, often
taking extreme positions and using pejorative language to denigrate tribal rights; and
F.

WHEREAS Mr. Miller’s record makes clear that he does not possess a mainstream

understanding of tribal sovereignty, treaty rights, and the federal trust responsibility, or their role
in the Constitution and federal law; and
G.
WHEREAS the positions Mr. Miller has repeatedly advocated would have very serious
consequences on the federal-tribal relationship and would undermine fundamental principles of
tribal sovereignty, governance, and self-determination; and
H.
WHEREAS an appointment to the federal bench is a lifetime appointment and a
commitment to fundamental Constitutional principles is essential.
I.
THEREFORE, BE IT RESOLVED that LTBB does hereby oppose the nomination and
confirmation of Eric Miller, as Judge for the Ninth Circuit Courts of Appeals; and

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J.
FURTHER, BE IT RESOLVED that LTBB will immediately convey its opposition to
the nomination to the Senate Judiciary Committee and request to be made part of the
confirmation hearing process; and
K.
BE IT FINALLY RESOLVED, that this resolution shall be the policy until it is
withdrawn or modified by subsequent resolution.
(Source: TRIBAL RESOLUTION #022119-01)
18.659(3.19)(a)

MICHIGAN INDIAN ELDERS ASSOCIATION DELEGATE

APPOINTMENT
A.

WHEREAS the Little Traverse Bay Bands of Odawa Indians Tribal Council is the

elected governing body of the Tribe;
B.

WHEREAS the LTBB Elders desire to continue to representing LTBB at meetings of the

Michigan Indian Elders Association;
C.

WHEREAS Resolution 020818-03 listed Richard Wemigwase and Julie Shananaquet as

delegates and JoAnne Carey alternate;
D.

WHEREAS LTBB wishes to switch delegate and alternate for representation and;

E.

WHEREAS the Michigan Indian Elders Association requires the delegates to be

appointed by their Tribal Council by resolution;
F.

THEREFORE, BE IT RESOLVED that Richard Wemigwase and JoAnne Carey are

appointed as delegates, and Julie Shananaquet as an alternate delegate to represent LTBB with
the Michigan Indian Elders Association until a successor is appointed.
(Source: TRIBAL RESOLUTION #030719-01)

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18.660(4.19)(a)
DESIGNATION OF MAY 5TH AS A DAY OF AWARENESS FOR
MISSING AND MURDERED NATIVE WOMEN AND GIRL
A.
WHEREAS a study commissioned by the U.S. Department of Justice reported that
American Indian Women face murder rates that are more than ten times the national average
murder rate;
B.
WHEREAS the tribal council recognizes that our own tribal community is not immune
from these horrific crimes and wishes to join with the United States Senate and with other Tribal
Nations to bring awareness of this issue and promote the need to restore and assure safety to our
women and girls;
C.
THEREFORE, BE IT RESOLVED that the Little Traverse Bay Bands of Odawa
Indians Tribal Council designates May 5th as a Day of Awareness for Missing and Murdered
Native Women and Girls.
(Source: TRIBAL RESOLUTION #042719-01)
18.661(8.19)(a)

PROMOTION OF A LIVING WAGE

A.
WHEREAS in the Preamble of the Tribal Constitution, adopted February 2, 2005, states
as follows: We will work together in a constructive, cooperative spirit to preserve and protect
our lands, resources and Treaty Rights, and the right to an education and a decent standard of
living for all our people. (emphasis added);
B.
WHEREAS according to the United States Health and Human Services Poverty
Guidelines, January 2018, a family of three (3) is $20,780.00;
C.

WHEREAS according to the United States Census Bureau, American Community

Survey, the rate of Little Traverse Bay Bands Indian families whose income is below the poverty
level is 19.5%, higher than both Michigan (11.1%) and the U.S. (10.5%) poverty levels;
D.

WHEREAS in order to best provide a decent standard of living for our Tribal Citizens
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and all Citizens, the Tribe needs to prioritize the establishment of a “living wage”;
E.
WHEREAS the United States Department of Agriculture (USDA), Rural Development
and the Native American Housing Assistance and Self Determination Act (NAHASDA)
properties sets the monthly rental contributions at thirty (30) percent of the Tenant’s monthly
income;
F.
WHEREAS according to Rentdata.org, an independent organization, the Fair Market
Rent prices in Emmet County are “high” compared to the national average. This FMR area is
more expensive than 75% of other FMR areas. In 2018, Fair Market Rent for a two-bedroom
apartment in Emmet County is $832 per month and a three-bedroom apartment was $1,064,
creating an average rent of $948.00;
G.
WHEREAS based on the formula from the USDA and NAHASDA, monthly rate of
$948.00 for the average 2 to 3-bedroom rental housing, multiplied by twelve (12) months in a
year, divided by thirty (30) percent, divided by standard hours of 2080 per year, sets the living
wage for Emmet County at $18.23 per hour is the living wage for 2019, (948.00
x12/.30/2080=$18.23);
H.
WHEREAS the Little Traverse Bay Bands of Odawa Indians has approximately onehundred and twenty (120) governmental and enterprise employees paid less than $18.23 an hour;
and Odawa Casino Resort has approximately two-hundred and fifty-six (256) employees paid
less than $18.23 an hour;
I.
WHEREAS in order to obtain a full Living Wage, Tribal Council is taking incremental
steps to achieve this goal of having all employees within the Tribe’s jurisdiction be paid the
Living Wage of $18.23 for FY 2019.
J.

THEREFORE, BE IT RESOLVED that in accordance with Waganakising Odawak

Statute # 2013-0102 Fair Employment, Section XI. Employee Living Wages, the Living Wage
will be adjusted annually at the beginning of each fiscal year by this Tribal Resolution.
K.

FURTHER, BE IT RESOLVED that the Tribal incremental “living wage” shall be set
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at $11.11 an hour for Fiscal Year 2019, and all employees shall not be paid less than $11.11 an
hour within five (5) business day of the enactment of this Resolution, and the living wage shall
be implement by employers within the jurisdiction of the Little Traverse Bay Bands of Odawa
Indians.
L.
FURTHER, BE IT RESOLVED employees, within the jurisdiction of the Little
Traverse Bay Bands of Odawa Indians, that are paid less than $18.23 shall have a three (3)
percent increase or the pay of $18.23, whichever is less, within five (5) business day of the
enactment of this Resolution.
M.

FURTHER, BE IT RESOLVED that The LTBB Living Wage shall be based on the

formula from the United States Department of Agriculture (USDA) and Native American
Housing Assistance and Self-Determination Act of 1996 (NAHASDA) and Fair Market Rent
price as found at Rentdata.org, an independent organization; and the basis of the formula is as
follows: the rent for an average 2 to 3-bedroom rental housing cost, multiplied by twelve (12)
months, divided by percentage rate of rent required by NAHASDA (30%) divided by the yearly
standard hours of 2080, sets the living hourly wage.
N.

FURTHER, BE IT RESOLVED that the living hourly wage shall annually be increase

by three (3) percent at the beginning of each Fiscal Year, until such time that the living wage,
based on the yearly updated formula, is met or this Tribal Resolution is either repealed or
replaced.
O.
FINALLY, BE IT RESOLVED that employees making less than the living wage shall
have an annual increase of three (3) percent at the beginning of each Fiscal Year, until such time
that the living wage, based on the yearly updated formula, is met or this Tribal Resolution is either
repealed or replaced.
(Source: TRIBAL RESOLUTION #082219-01)
18.662(10.19)(a)
CLARIFICATION OF TRIBAL RESOLUTION #082219-01
PROMOTION OF A LIVING WAGE

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A.
WHEREAS in the Preamble of the Tribal Constitution, adopted February 2, 2005, states
as follows: We will work together in a constructive, cooperative spirit to preserve and protect
our lands, resources and Treaty Rights, and the right to an education and a decent standard of
living for all our people. (emphasis added);
B.
WHEREAS there was some questions and confusion on how to implement Tribal
Resolution #082219-01, Promotion of a Living Wage and in order to further clarify, this Tribal
Resolution provides a fuller explanation on the formula and the differences between the “Living
Wage” and the Tribal Incremental Living Wage;
C.

WHEREAS according to the United States Health and Human Services Poverty

Guidelines, January 2018, a family of three (3) is $20,780.00;
D.
WHEREAS according to the United States Census Bureau, American Community
Survey, the rate of Little Traverse Bay Bands Indian families whose income is below the poverty
level is 19.5%, higher than both Michigan (11.1%) and the U.S. (10.5%) poverty levels;
E.
WHEREAS in order to best provide a decent standard of living for our Tribal Citizens
and all Citizens, the Tribe needs to prioritize the establishment of a “Living Wage”;
F.
WHEREAS the United States Department of Agriculture (USDA), Rural Development
and the Native American Housing Assistance and Self Determination Act (NAHASDA)
properties sets the monthly rental contributions at thirty (30) percent of the Tenant’s monthly
income;
G.
WHEREAS according to Rentdata.org, an independent organization, the Fair Market
Rent prices in Emmet County are “high” compared to the national average. This FMR area is
more expensive than 75% of other FMR areas. In 2018, Fair Market Rent for a two-bedroom
apartment in Emmet County is $832 per month and a three-bedroom apartment was $1,064,
creating an average rent of $948.00;
H.
WHEREAS based on the formula from the USDA and NAHASDA, monthly rate of
$948.00 for the average 2 to 3-bedroom rental housing, multiplied by twelve (12) months in a
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year, divided by thirty (30) percent, divided by standard hours of 2080 per year, sets the Living
Wage for Emmet County at $18.23 per hour for 2019, (948.00 x12/.30/2080 = $18.23);
I.
WHEREAS the Little Traverse Bay Bands of Odawa Indians has approximately onehundred and twenty (120) governmental and enterprise employees paid less than the Living
Wage of $18.23 an hour; and Odawa Casino Resort has approximately two-hundred and fifty-six
(256) employees paid less than the Living Wage of $18.23 an hour;
J.
WHEREAS in order to obtain the Living Wage, Tribal Council is taking incremental
steps to achieve this goal of having all employees within the Tribe’s jurisdiction be paid the
Living Wage of $18.23 for FY 2019 and establishes a Tribal Incremental Living Wage;
K.

WHEREAS the Tribal Incremental Living Wage is $11.11.

L.
THEREFORE, BE IT RESOLVED that in accordance with Waganakising Odawak
Statute # 2013-0102 Fair Employment, Section XI. Employee Living Wages, the Living Wage
will be adjusted annually at the beginning of each fiscal year by this Tribal Resolution.
M.

FURTHER, BE IT RESOLVED that the Tribal Incremental Living Wage shall be set at

$11.11 an hour for Fiscal Year 2019, and all employees shall not be paid less than the Tribal
Incremental Living Wage of $11.11 an hour within five (5) business days of the enactment of this
Resolution, and the Tribal Incremental Living Wage shall be implemented by employers within
the jurisdiction of the Little Traverse Bay Bands of Odawa Indians.
N.
FURTHER, BE IT RESOLVED employees, within the jurisdiction of the Little
Traverse Bay Bands of Odawa Indians, that are paid less than the Living Wage of $18.23 shall
have a three (3) percent increase or the pay of $18.23, whichever is less, within five (5) business
days of the enactment of this Resolution.
O.
FURTHER, BE IT RESOLVED that the Living Wage shall be based on the formula
from the United States Department of Agriculture (USDA) and Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) and Fair Market Rent price as
found at Rentdata.org, an independent organization; and the basis of the formula is as follows:
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the rent for an average 2 to 3-bedroom rental housing cost, multiplied by twelve (12) months,
divided by percentage rate of rent required by NAHASDA (30%) divided by the yearly standard
hours of 2080, sets the Living Wage.
P.
FURTHER, BE IT RESOLVED that Tribal Council Treasurer shall post the Living
Wage on the Tribes website and such other venues as appropriate, by December 15th prior to the
beginning of each fiscal year.
Q.
FURTHER, BE IT RESOLVED that the Tribal Incremental Living Wage shall annually
be increased by three (3) percent at the beginning of each Fiscal Year, until such time that the
Living Wage, based on the yearly updated formula, is met or this Tribal Resolution is either
repealed or replaced.
R.
FURTHER, BE IT RESOLVED that employees making less than the Living Wage
shall have an annual increase of three (3) percent at the beginning of each Fiscal Year, until such
time that the living wage, based on the yearly updated formula, is met or this Tribal Resolution is
either repealed or replaced.
S.

FINALLY, BE IT RESOLVED the purpose of this Tribal Resolution is to clarify Tribal

Resolution #082219-01, Promotion of a Living Wage.
(Source: TRIBAL RESOLUTION #102619-05)
18.663(10.19)(b)

AD-HOC INSURANCE COMMITTEE

A.
WHEREAS the Tribe needs to assess possible insurance options for the employees
which includes the best method of providing the service with an emphasis of quality over profits;
B.

WHEREAS in order to best effectuate an immediate action to address the insurance

needs, Tribal Council and Tribal Chair will utilize an ad-hoc committee to gather information to
develop recommendations and a plan;
C.

WHEREAS the ad-hoc committee will meet with stakeholders, Directors, Executive
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staff and other entities in order to gather information for the development of a cohesive insurance
plan.
D.
THEREFORE, BE IT RESOLVED that the Tribal Council approves the creation of the
Ad-hoc Committee that is comprised of the Legislative Services Attorney, Economic
Development and Business Director of Revenue, Senior Financial Analyst, Gaming Authority
member or designee, Health Department Director, and any others that Tribal Council or Tribal
Chair deems necessary.
E.

THEREFORE, FURTHER BE IT RESOLVED that the Committee will meet as

necessary in order to develop recommendations and a comprehensive insurance plan.
F.
FINALLY, BE IT RESOLVED the Committee shall have the ability to interact with
Executive, Legislative or Judiciary staff in order to develop the recommendations and the
comprehensive insurance plan that will be submitted to Tribal Council and the Tribal Chair by
March 1, 2020.
(Source: TRIBAL RESOLUTION #102619-03)
18.664(10.19)(c)
TO REDUCE AND ELIMINATE THE USE OF PLASTIC STRAWS
AND EXPANDED POLYSTYRENE PRODUCTS
A.
WHEREAS the LTBB finds that it is in the best interest, safety, and welfare of its
Citizens to reduce litter and pollutants on the lands and in the waters within the LTBB
Reservation;
B.
WHEREAS LTBB finds that the plastic objects, when irresponsibly discarded, pose an
environmental hazard to the health, safety, and welfare of its Citizens and visitors within the
reservation;
C.
WHEREAS discarded plastic objects threaten wildlife and degrade and litter the
reservation;

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WOTCL TITLE XVIII. POST CONSTITUTION RESOLUTIONS, Chapter 6. General Application last codified
through March 1, 2024 – See Register for Details
Version 2024.2

D.
WHEREAS plastic objects constitute a portion of the litter within the reservation’s
streets, parks and public places;
E.
WHEREAS the EPA identified that Expanded Polystyrene products, such as food
containers, plates, bowls, cups, lids, trays, coolers, ice chests, “clamshells,” and all similar
articles that are made of fossil fuels and synthetic chemicals, when entering our waterways, can
“have serious impacts on human health, wildlife, the aquatic environment, and the economy”;
F.
WHEREAS Expanded Polystyrene is not recyclable or biodegradable; instead it
fragments into microplastics, which are then ingested by marine life and other wildlife, thus
harming or killing them;
G.
WHEREAS single-use plastic straws and Expanded Polystyrene products have little
value and constitute a large portion of the litter and pollution in the reservation’s waterways,
rights-of-way, parks, and other public places;
H.
WHEREAS the use and dist

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A9f1dc14a192d8936. Public record. Not legal advice.