# Chapter 2. Administrative Procedures Act

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Af6d015660d1ed15b

## Record

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

## Text

Chapter 2. Administrative Procedures Act
6.201 PURPOSE
This Administrative Procedures Statute is hereby enacted to establish a standard set of
requirements for Executive Branch and Legislative Branch for Regulations; Administrative and
Departmental Procedures; Executive Mandates and Directives; Legislative Directives and
Resolutions and Tribal Councilor Special Tributes and Declarations. This statute shall repeal and
replace the Administrative Procedures Statute WOS 2005-015, WOS 2006-28 and Amendment
WOS 2011-014.
Codification Note: Including Repeal and Replace WOS 2008-001 Previous Statute
(Source: WOS 2015-019, October 12, 2015 Section I)
6.202 DEFINITIONS
A.

“Administrative Procedures” means procedures required by a statute or regulation to clarify

the implementation of a statute or regulation. These procedures shall not be a rewrite of the statute
but define how an office or officer will implement the daily activities of a statute such as
applications procedures and forms for a Tribal program.
B.

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

C.

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

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

G.

“Tribal Regulations” means regulations that implement a statute

H.

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

I.

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

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

Regulations required by law shall be called Tribal Regulations.

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

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

D.

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

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

Tribal Citizens shall be provided an opportunity to comment on proposed regulations

prior to approval by the Tribal Council.
D.

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

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

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

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

Administrative Procedures shall be developed within 120 days of enactment.

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

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

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

(Source: WOS 2015-019, October 12, 2015, Section VI)
6.207 DEPARTMENTAL PROCEDURES
A.
The Tribal Governmental offices, departments, and programs should develop
Departmental Procedures to implement statutes and regulations that do not have a statutory
requirement for procedures and when necessary to promote efficiency in their office.
B.
Departmental Procedures are required to promote a fair and standard method of
implementing daily activities of Tribal Departments.
C.
Departmental Procedures shall reflect the intent of the program, statute or regulation they
are intended to implement. Departmental Procedures shall be written in a manner that protects
the best interests of the Tribal Citizenship.
D.
Departmental Procedures shall clearly identify to whom they are intended to apply in
whole or in part.

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

The Tribal Council is hereby authorized to use Tribal Council Directives deemed necessary for
operation of the Legislative Branch. Directive shall be approved by Tribal Council motion.
Directives do not carry the force of law and must be published on the Tribe’s website in order for
such Directive to be executed and carry authority.
(Source: WOS 2015-019, October 12, 2015, Section X)
6.211 TRIBAL LAW
A.
In accordance with the Tribal Constitution, Tribal Council passes laws. Laws shall be in
the form of either a Resolution or Statute; or an amendment of the same.
B.

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

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

Tribal Council will exercise the following Constitutional powers by passing laws:
1.
To exercise Tribal jurisdiction, including civil and criminal authority and
the regulation of commerce.
2.
To exercise the jurisdiction of the Little Traverse Bay Bands of Odawa
Indians over Indian Child Welfare matters and all other domestic relations
matters.
3.
To govern the issuance of the Little Traverse Bay Bands of Odawa Indians
charters of incorporation for economic or other purposes, and to regulate the
activities of these corporations;
4.

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

5.
To govern the encumbrance of Tribal lands or other intangible assets, and
the encumbrance and disposition of non-real estate tangible assets;

6.
To manage any and all economic affairs and enterprises of the Little
Traverse Bay Bands of Odawa Indians that will further the economic
development of the Tribe or its members.
7.
To set the qualifications for appointees to committees, commissions, and
boards.
8.

To appropriate funds and enact a budget formulation process.

9.

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

10.
Enact laws regarding Membership and implementation of Membership
provisions.
11.
Enact compensations statutes for Tribal Council, Tribal Chair and Vice
Chair, Judges and Appellate Judges, Election Board Members and Prosecutor and
Assistant Prosecutors.
12.

Enact laws regarding Open Meetings.

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

E.
Resolutions shall be certified by the Legislative Leader and Tribal Council Secretary that
indicates that Resolution was passed at a meeting of Tribal Council where a quorum was present.
F.
Resolutions that are submitted by the Executive shall take immediate effect upon
approval of Tribal Council.
G.
Laws that are enacted shall be codified into the Waganakising Odawa Code of Law,
unless the Resolution has a limited effective date of less than one year such as Appropriations for
a current fiscal year.
H.

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

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

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

C.
Motions shall be made at a Regular, Special or Emergency Meetings, unless otherwise
indicated by the Tribal Constitution.
D.
Votes on Motions must be in person and proxy votes are not allowed unless otherwise
indicated by the Constitution.
E.
All Motions shall be reflected in the minutes indicating the person who made the motion,
the person who seconded the motion and the result of the vote.
F.
Only Motions that have a majority vote of the eligible voting Tribal Council members
shall be considered the official action of the Tribal Council.
G.
Tribal Council will exercise its official powers through the use of Motions, including but
not limited to the following:

1.
To approval or disapproval of policies, resolutions and regulations presented from
the Executive branch.
2.
To purchase, receive by gift, or otherwise acquiring of land, interests in land,
personal property or other intangible assets.
3.

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

4.

To approval of land use plans and zoning of lands.

5.

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

6.

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

7.

To employ or legal counsel.

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

To raise revenue.

12.
To develop policies for receiving any grants, donations, or other funding from any
person, corporation, municipality, government, or entity.
13.
To establish such lower courts as may be deemed necessary upon request from the
Judiciary.
14.

To approve the creation or dissolution of Executive divisions or departments to

promote and protect the peace, health, safety, education, and general welfare, including
but not limited to cultural and natural resources.
15.

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

16.

To adopt rules of conduct to govern all levels of Tribal government.

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

(Source: WOS 2015-019, October, 12, 2015, Section XII)
I.
If a Motion, after being placed on a Tribal Council agenda, fails to have a councilor make
the motion or second the motion, then the motion fails. The minutes will reflect that the motion
failed for lack of motion or lack of support.
(Source: WOS 2021-006, May 14, 2021, Section XII)
6.213 TRIBAL COUNCILOR TRIBUTES AND DECLARATIONS
A.
A Special Tribute is a document that acknowledges or recognizes a person(s) or
organization with gratitude, respect or admiration for an action or accomplishment. One or more
Tribal Councilors may sign onto a Special Tribute as individual Councilors. A Special Tribute
shall not obligate or commit the Tribal Council in any manner. Special Tributes do not require
formal action by the Tribal Council.
B.
A Declaration is a formal written public statement in support or opposition of an issue or
matter. Declarations shall be approved by Tribal Council motion.
C.
Copies of all Special Tributes and Declarations shall be submitted to the Legislative Office
for record keeping purposes and shall be posted to the Tribal website.

(Source: WOS 2015-019, October 12, 2015, Section XIII)
6.214 DELEGATION OF POWERS
Tribal Council retains those powers that are not expressly delegated.
(Source: WOS 2015-019, October 12, 2015, Section XIV)
6.215 ELECTRONIC FILING
All documents may be filed electronically to an electronic address as designated by the
Governmental Branch. If appropriate, hard copies of the documents may be filed with the
designated office on the next available business day.
(Source: WOS 2015-019, October 12, 2015, Section XV)
6.216 SEVERABILITY
If any section, subsection, paragraph, sentence, phrase or portion of this Statute is, for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
(Source: WOS 2015-019, October 12, 2015, Section XVI)
6.217 EFFECTIVE DATE
Effective upon signature of the Executive or 30 days from Tribal Council approval whichever
comes first or if the Executive vetoes the Statute, then upon Tribal Council override of the veto.
(Source: WOS 2015-019, October 12, 2015, Section XVII)

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