# LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Afe96ffe73925fa05 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 A. “Actually Present” means continuous and observable participation in the meeting proceedings. B. “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. C. “Official Act” means to take-action to approve or disapprove. D. “Public” means Little Traverse Bay Bands of Odawa Indians Tribal Citizens and their immediate family members. 37 Page 1 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 E. “Quorum of Tribal Council”. Five (5) Tribal Council members shall constitute a quorum at a Regular, Special or Emergence Meeting of the Tribal Council. F. “Tribal Citizen” means an enrolled member of the Little Traverse Bay Bands of Odawa Indians. G. “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. A. 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. B. Special Meetings: Special meetings may be called from time to time by the 22 23 24 25 26 27 28 29 30 31 32 Legislative Leader; a majority of Tribal Council; or by a request from the Executive. 33 34 35 36 37 38 39 40 41 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. C. 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 Page 2 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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. A. RECORDINGS AND MEDIA Any electronic recordings of Tribal Council meetings by individuals shall be 23 24 25 26 27 28 29 30 31 prohibited. 32 33 34 35 36 37 38 The following rules shall apply to public comment: B. 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 A. Tribal Council shall allow for at least one public comment period per regularly scheduled meeting. Tribal Council shall allow for a reasonable amount of time for comments from the public but may limit such time for comments as necessary to conduct business. Page 3 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 B. Only the individuals within the definition of public may provide comment during public comment period. C. Tribal Council shall only accept verbal comments from individuals physically present for the public comment period. D. Written public comments will be accepted by the Legislative Office. All comments must be in writing and shall be open to review within the Legislative Office in accordance with any laws regarding such documents. E. Initiatives and referendums shall go through the proper legislative procedures. F. Unruly behavior, abusive language, or any personal attacks will not be tolerated. If unacceptable behavior occurs, a person may be requested to leave by consensus of Tribal Council. G. Tribal Council will not accept comments nor discuss matters that are under investigation or are being adjudicated before an administrative or judicial tribunal. H. Tribal Council will not accept comments nor discuss matters that relate to the following: 1. Personnel matters. 2. Personal information affecting an individual’s privacy, including personnel matters or medical conditions or similar matters that constitute a clearly unwarranted invasion of personal privacy unless it pertains to the Tribal Citizens who is raising the matter. 3. Matters covered by attorney client privilege. 4. Matters considered confidential by other Statutes. 5. Matters regarding confidential business or legal matters of the Tribe or a Tribal Citizen. Page 4 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 6. 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. A. Minutes. Tribal Council shall take Closed Session Minutes and shall develop a disclosure of closed session minutes policy. B. 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: 1. Legislative Branch personnel under the authority of Tribal Council. B. 2. Litigation. 3. Confidential business matters. 4. Legal matters. 5. 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 Page 5 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ LEG-382 sponsored by Legislative Leader Linda Gokee, posted 07/09/26 1 2 3 4 5 6 7 8 9 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. 10 11 SECTION IX. 12 13 14 15 16 17 18 19 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 20 21 Page 6 of 6 Waganakising Odawak Statute Open Meetings of the Tribal Council Secretary VanDeCar_____ --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3Afe96ffe73925fa05. Public record. Not legal advice.