LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26

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WAGANAKISING ODAWAK STATUTE 2026-___

OPEN MEETINGS OF THE TRIBAL COUNCIL

SECTION I.

PURPOSE

The purpose of this Statute is to mandate. that all meetings of the Tribal Council called

pursuant to Constitutional Article VII J (8) Article, except phone conference calls and

closed sessions allowed under subsections J (6) and J (9) of Article VII, are open to

Tribal Citizens and Tribal Citizens shall have a reasonable opportunity to be heard, under

such rules as the Council may prescribe in the Statute.

SECTION II.

REPEAL

This Statute repeals and replaces Waganakising Odawak Statutes 2020-001 Amendment

to Waganakising Odawak Statute 2015-014, 2015-014, 2010-010, and 2000-014. or as

further amended or any other previous statute or amendment, or any Resolution,

Regulation, or Policy language to be considered deleted by this statute.

SECTION III.

DEFINITIONS

“Actually Present” means continuous and observable participation in the meeting

proceedings.

“Immediate Family” or “Family member” means a person who is related to a

Tribal Citizen by one of the following relationships: wife, husband, son,

daughter, mother, father, brother, sister, step-mother, step-father, step-brother,

step-sister, father-in-law, mother-in-law, child, step-child, grandmother,

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

“Official Act” means to take-action to approve or disapprove.

“Public” means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and

their immediate family members.

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“Quorum of Tribal Council”. Five (5) Tribal Council members shall constitute a

quorum at a Regular, Special or Emergence Meeting of the Tribal Council.

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

Odawa Indians.

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

SECTION IV.

REGULAR, SPECIAL AND EMERGENCY MEETINGS

The Legislative Leader, a Tribal Council Officer or in the absence of a Tribal Council

Officer, a Tribal Councilor present at the Tribal government office shall preside over

meetings where at least a quorum is present. A quorum shall be necessary to transact

official business.

Regular Meetings: Tribal Council shall hold at least one (1) regularly scheduled

meeting each month at the Tribal government offices. Official minutes shall be taken and

recorded and shall be approved within sixty (60) days of the meeting.

Special Meetings: Special meetings may be called from time to time by the

Legislative Leader; a majority of Tribal Council; or by a request from the Executive.

three-fourths (3/4) majority of the Tribal Council may call an emergency meeting

1. Notice of such Special meetings shall be given to all members of the Tribal

Council at least five (5) days in advance of such meetings and shall state the

purpose or purposes of the meeting.

2. Special meetings shall be restricted to the purpose or purposes for which they

are called.

Emergency Meeting: When immediate official action of the Tribal Council is

necessary to preserve or promote essential interests of the Tribe, the Legislative Leader or

1. Advance written or verbal notice of such meeting shall be given to each

Council member to the greatest extent feasible.

2. Emergency meetings shall be restricted to the urgent subject matter

necessitating the meeting.

3. Emergency meetings may be conducted by phone conference call or with the

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aid of such other communication technology as may be available and in

common use.

4. A statement shall be made in the minutes of the next scheduled meeting

indicating the date and time that the Emergency meeting was held.

5. The Tribal Council shall keep records of Emergency meetings at the Tribal

administrative offices which shall include the reason for the meeting and the

action taken, which records shall be available to the Tribal Citizenship to the

same extent as regular meeting minutes, and the same rules regarding closed

sessions and closed sessions minutes apply.

SECTION V.

PROXY VOTING

No Voting by Proxy. All votes must be cast only by those actually present at the

meeting during which the vote was taken.

SECTION VI.

RECORDINGS AND MEDIA

Any electronic recordings of Tribal Council meetings by individuals shall be

prohibited.

The following rules shall apply to public comment:

Before a Tribal Council meeting starts or upon entering a Tribal Council meeting

in progress, any representative from the media shall immediately present their media

credentials to Tribal Council.

SECTION VI.

PUBLIC COMMENT PERIOD

Tribal Council shall allow for at least one public comment period per regularly

scheduled meeting. Tribal Council shall allow for a reasonable amount of time for

comments from the public but may limit such time for comments as necessary to conduct

business.

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Only the individuals within the definition of public may provide comment during

public comment period.

Tribal Council shall only accept verbal comments from individuals physically

present for the public comment period.

Written public comments will be accepted by the Legislative Office.

All

comments must be in writing and shall be open to review within the Legislative Office in

accordance with any laws regarding such documents.

Initiatives and referendums shall go through the proper legislative procedures.

Unruly behavior, abusive language, or any personal attacks will not be tolerated.

If unacceptable behavior occurs, a person may be requested to leave by consensus of

Tribal Council.

Tribal Council will not accept comments nor discuss matters that are under

investigation or are being adjudicated before an administrative or judicial tribunal.

Tribal Council will not accept comments nor discuss matters that relate to the

following:

Personnel matters.

Personal information affecting an individual’s privacy, including

personnel matters or medical conditions or similar matters that constitute a

clearly unwarranted invasion of personal privacy unless it pertains to the

Tribal Citizens who is raising the matter.

Matters covered by attorney client privilege.

Matters considered confidential by other Statutes.

Matters regarding confidential business or legal matters of the Tribe or a

Tribal Citizen.

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Matters that could impair a criminal investigation.

SECTION VII.

CLOSED SESSION

When necessary to protect the interests of the Tribe and fulfill its responsibilities to the

Tribal Citizenship, Tribal Council may by motion and majority vote of a quorum, go into

closed session during a regular, special or emergency meeting.

Minutes. Tribal Council shall take Closed Session Minutes and shall develop a

disclosure of closed session minutes policy.

Tribal Council shall not discuss anything in closed session beyond the scope of

the matters for which the closed session was called. Closed sessions shall be limited to:

Legislative Branch personnel under the authority of Tribal

Council.

Litigation.

Confidential business matters.

Legal matters.

Other matters that raise significant privacy or confidentiality concerns.

Tribal Council shall return to open session immediately upon completion of the

close session discussions. Any action considered in closed session that can be taken in

open session without harming Tribal interests shall be taken after the Tribal Council

returns to open session.

SECTION VIII.

SAVINGS CLAUSE

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LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26

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

statute is found for any reason, held invalid or unconstitutional by the Tribal courts of the

Little Traverse Bay Bands of Odawa Indians to violate the Constitution, laws or

ordinances of the Little Traverse Bay Bands of Odawa Indians, such phrase, provision,

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

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

force and effect.

SECTION IX.

Effective upon signature of the Executive or 30 days from Tribal Council approval which

ever comes first or if the Executive vetoes the legislation, then upon Tribal Council

override of the veto.

EFFECTIVE DATE

CERTIFICATION

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