WAGANAKISING ODAWAK STATUTE # 2023- DOU

WAGANAKISING ODAWAK STATUTE # 2023- DOU

EXECUTIVE COMMISSIONS, BOARDS AND COMMITTEES

SECTION I. PURPOSE

The purpose of this statute is to set forth general provisions applicable to Commissions, Boards

and Committees within the Executive branch of the Little Traverse Bay Bands of Odawa Indians.

These provisions do not apply to Commissions, Boards or Committees within the Legislative or

Judicial branches of government, the Election Board, the Office of the Tribal Prosecutor, or

Tribally chartered corporations. This statute repeals and replaces Waganakising Odawak Statute

2006-007.

SECTION II. RELATIONSHIP TO OTHER STATUTES

If the terms of this statute conflict with those of a statute establishing a specific Executive

Commission or Board, the terms of the specific statute or resolution shall control.

SECTION III. DEFINITIONS

As used hereafter in this statute:

A. “Commission” means a permanent commission or board within the Executive Branch of

LTBB that is established by statute.

B. “Committee” means a temporary committee within the Executive Branch of LTBB that is

established by resolution for a limited time period and purpose.

C. “Executive” means the Tribal Chairperson and the Vice-Chairperson of LTBB.

D. “Immediate Family” means a person who is related to a Tribal Citizen by one of the

following relationships: wife, husband, son, daughter, mother, father, brother, sister, stepmother, step-father, step-brother, step-sister, father-in-law, mother-in-law, child, step-child,

grandmother, grandfather, brother-in-law and sister-in-law.

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

F. “Public” means Tribal Citizens of LTBB and their Immediate Family.

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SECTION IV. ESTABLISHMENT, DURATION AND AUTHORITY OF

COMMISSIONS AND COMMITTEES

A. Commissions shall be established by statute and are perpetual.

B. Committees shall be established by resolution and shall expire 2 years from the date the

authorizing resolution is enacted unless the resolution expressly provides otherwise.

C. The authority of Commissions and Committees shall be strictly limited to the

performance of duties prescribed by the statute or resolution establishing them.

SECTION V. ELIGIBILITY CRITERIA

A. Commissions

1. Only Tribal Citizens of LTBB shall serve on Commissions.

2. A Tribal Citizen shall serve on a maximum of two Commissions simultaneously.

3. Two or more members of the same immediate family shall not serve on the same

Commission at the same time.

4. A Tribal Citizen shall not serve as Commission Chairperson if the Commission’s

work pertains to a specific Executive department and the director or assistant

director of the department is an immediate family member of the Tribal Citizen.

5. Tribal government employees may serve on Commissions and receive a stipend if

a Commission is not directly related to their employment, does not interfere with

their work, and does not meet during scheduled work hours. With the consent of

the Executive, a Tribal government employee may use PTO (paid time off) or

flextime to avoid Commission-related conflicts with their employment duties.

B. Committees

1. Any person with relevant subject matter expertise may serve on a Committee.

2. The eligibility criteria for Commission members in Section VI(A)(3-5) shall also

apply to Committee members.

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SECTION VI. COMMISSION AND COMMITTEE APPOINTMENTS

A. The Executive shall submit nominations to Tribal Council to fill Commission/Committee

appointments within a reasonable period of time after the establishment of a

Commission/Committee or a vacancy in a Commissioner/Committee seat. Acting

Commission/Committee chairpersons shall give the Executive timely notice of any vacant seat.

B. All appointed Commission/Committee members shall take an oath of office administered

by the Tribal Court prior to beginning their term of service.

SECTION VII. TERMS OF MEMBERS

A. The terms of Commission members shall begin and end on September 21 of the years

corresponding with their appointment. Commission members may serve beyond the expiration of

their term until they are reappointed and sworn in or a successor is appointed and sworn in.

B. Committee members shall serve until a Committee expires unless the resolution

establishing the Committee provides otherwise.

Cc. All Commission and Committee members shall complete their terms unless they

voluntarily resign or are removed earlier.

SECTION VIII. NUMBER OF MEMBERS

A. Commissions shall be composed of at least three, but not more than five, members.

B. Committees shall be composed of at least three members.

SECTION IX. QUORUM REQUIREMENTS

A. No Commission or Committee meetings shall be called to order without a quorum

present, and no official business may be conducted absent a quorum.

B. A quorum shail consist of a simple majority of the total number of membership positions

on the Commission or Committee, regardless of any vacancies. Thus, one member shall never

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constitute a quorum; two members shall constitute a quorum only where a Commission or

Committee has three membership positions; and three members shall be necessary to form a

quorum on Commissions or Committees with five membership positions.

SECTION X. FREQUENCY OF MEETINGS

A. Commissions shall meet no more than twice monthly.

B. Committees shall meet as prescribed by the resolution establishing them.

C. The Executive may direct a Commission or Committee to increase the frequency of

meetings when necessary to further the purposes of the Commission or Committee.

D. If vital interests of LTBB require immediate action prior to a regular or special meeting,

such action may be taken by phone poll or teleconference call for the limited purpose of

addressing a matter necessary to preserve or promote essential interests of the Tribe.

SECTION XI. OPEN MEETINGS

A. Commissions and Committees shall provide public notice of their meetings as prescribed

by applicable law and policy of LTBB.

B. Commission and Committee meetings shall be open to all Tribal Citizens, their

Immediate Family and LTBB governmental employees except phone conferences and closed

sessions.

C. Public comments shall be solicited at all Commission and Committee meetings. A

reasonable amount of time for public comments shall be afforded.

D. Minutes shall be taken at all Commission and Committee meetings and, following

Commission/Committee approval, promptly sent to the Executive for posting on LTBB’s

website. Minutes taken during closed session shall be redacted.

SECTION XII. REPORTS AND RECORDS

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A. Commissions and Committees shall submit a report to the Executive on at least a

quarterly basis.

B. Commission and Committee records shall be available to Tribal Citizens consistent with

LTBB’s Public Documents Statute, Title VI, Chapter 19.

SECTION XIII. CLOSED SESSIONS

A. Commissions and Committees may enter into closed session to protect the interests of

LTBB and fulfill their responsibilities to Tribal Citizens.

B. Commissions and Committees shall not discuss anything in closed session beyond the

scope of the matters for which the closed session is called. Closed session shall be limited to

matters concerning:

l. Child welfare;

2. Personnel under the authority of the Commission/Committee;

3. Litigation or legal issues directly related to the Commission/Committee; or

4. Other subjects that raise significant privacy or confidentiality concerns.

C. Commissions and Committees shall return to open session immediately upon completion

of the closed-session discussions. Any action considered in closed session that can be taken in

open session without harming Tribal interests shall be taken after the Commission/Committee

returns to open session.

SECTION XIV. STIPENDS AND TRAVEL REIMBURSEMENT

A. Commission/Committee members may receive a stipend for attending required meetings

subject to the availability of funds and the Commission’s/Committee’s compliance with

applicable rules of procedure.

B. Commission/Committee members who attend a required meeting; any conference,

training, meeting or hearing directly related to their duties; or any event where their attendance is

required may be compensated for their reasonable costs of travel in accordance with the Tribal

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Government Travel Policy for attendance so long as there are funds available in the

Commission’ s/Committee’s budget.

SECTION XV. CONFLICT OF INTEREST

No Commission or Committee member shall participate in making any decision that involves a

personal or financial interest including that of a member of his or her immediate family unless

such interest is held in common with the Tribe and its Citizens.

SECTION XVI. RULES OF PROCEDURE

The Executive shall promulgate regulations establishing rules of procedure applicable to all

Commissions and Committees and otherwise implementing this statute.

SECTION XVII. APPLICATION OF INDIAN CIVIL RIGHTS ACT OF 1968

Commissions shall comply with the provisions of the Indian Civil Rights Act of 1968, 25 U.S.C.

§§ 1301-1303.

SECTION XVIII. SAVINGS CLAUSE

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

found by a court of competent jurisdiction to violate the Constitution or laws of LTBB, such

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

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

force and effect.

SECTION XIX. EFFECTIVE DATE

This statute shall be effective upon the signature of the Executive, or 30 days from Tribal

Council approval, or if the Executive vetoes the legislation, then upon the date on which Tribal

Council overrides the veto.

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CERTIFICATION

As the Tribal Council Legislative Leader and Tribal Council Secretary, we certify that this

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

Indians at a regular meeting of the Tribal Council held on August 24, 2023 at which a quorum

was present, by a vote of _6_ in favor, _0 opposed, 0 abstentions, and_3_ absent as recorded

by this roll call:

In Favor Opposed Abstained Absent

Fred Kiogima x

Tamara Munson x

William Ortiz x

Aaron Otto 4

Melissa Pamp Xx

Jordan Shananaquet

Leroy Shomin

Emily Proctor

Marcella Reyes

Date: 8 (2512003 Morale AO

Marcella Reyés, Legislative Leader ‘oO

Date: {2512023 Smid border

Emily Proctor, Tribal Council Secretary

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Received by the Executive Officeon gy ¢ yz by fete ptt?

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Pursuant to Article VI, Section D, Subsection | of the Little Traverse Bay Bands of Odawa

Indians Constitution adopted on February 1, 2005 the Executive concurs in this action of the

Tribal Council.

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Date: 4 ~-[g-2023 “Proson Kooce Bah.

Regina Gaxo Bentley, Tribal Chairperson Qo —

Received from the Executive on yA QD. 414 by fl Koy

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