Rules of Procedure for Band Assembly ...........cccscessscecssseseeeeseesseecscesscesssensseesseseaesaesseeseeenenseneeseens 3 (2025)

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Rules of Procedure

for

Band Assembly

Last Amended

June 25, 2025

Table of Contents

Rules of Procedure for Band Assembly ...........cccscessscecssseseeeeseesseecscesscesssensseesseseaesaesseeseeenenseneeseens 3

Rule 1. Definitions ........cc.ccccccesecesssceeseeseceececsceecseceeseenscecnesscssescesceseseesensesseseeessessesensssneeensaeeeseas 3

Rule 2. Rules, Generally ..........cccecececessseeeeceseeeeesseeeseneecsecesaseseenessseeesseecaseasseeennesnereaereeeey a)

Rule 3. Convening 0.0... cceceeeeeesesssceeessccsaseeeecseesenscnesenseeseenseeeseenseennessesseseceesessagesneetsersresaes 7

Rule 4. Voting... ccecccecccssecseseccceceteceeceersscsseesessanesseasaesneesnsesecseessesseseeenesiseseneseeeesaeenneaeennengeenoey 8

Rule 5. Order of BUSINeSS .........cccccccssssssecseecsecesneccneecseceeeseeesaseessaesceasessessesseecseesseessatessecesseeneees 9

Rule 6. MOotions........c:ccccccccssscessssteeesceteeseecesceeneeseecsessaseeucrseecsrecesusessaessseseseasesesseesenseeeneeeeneees 10

Rule 7. Debate and Decorum ..........cccceeccescececeseneeeereesecceseseeseeessaeeesaeeessesaseaeessesenesssneesseeseagenes 12

Rule 8. Measures.......ccccccccccccsscssessessesseececsceceecerecssersesesesessasssssaeesesessesseseeseessensecseseeessenseeaennes 16

Rule 9. The Clerk of the Band Assembly ..0...0....c ec eeeeceeseeseeeeeeecceeeessseeeessessseeaesnsaeenenerseeeags 16

Rule 10. Publications and Records ...........:eeeeeesssecesssceessesesesaeseeesseeessreeennsessseenseseseneeseneeeesnages 17

Rule 11. The Speaker of the Assembly .........ccccccceccecseseeesereeseesseneseeeseesesesenerseneeaenecnesneneenaeaes 18

Rule 12. Nominations ...........ccccccccecscecceeeeeteerseeeereeereeseseeeeseeessseessseensesensesseseneesseseneesenereeseseneens 19

Rule 13. Executive SeSSIONS .......:.:cccccscessececeseecesereeeseeesaeeceeuseseceseesseressscnereneestecseesseeeneeetnaeen 20

Rule 14. Hearings of Inquiry 00.0... cecceeessseceecerecereeseneceseeseessensseasessesecseseesasnssessesnesaesaseneceeey 21

Rule 15. Formal Public Hearings. ...........cccscescesesscsesessssssesssseeeeseeseseseensersseaeesesseenecensesaeseeeenees 25

Rule 16. Compromise Hearings. .......cccccccccssssseesssesesseesecseeeeesenseneeneeseneeseneeecaeeatsecseseenesneneeees 26

Appendix 1. Public Testimony FOrm.........cceeecsererereseeseseeeeseseeneesesesssssenersseseneseseeneneeseenenenesenees 28

Rules of Procedure for Band Assembly

Rule 1. Definitions

1.1.

1.2.

Unless otherwise provided in the applicable Constitution, statute, or these Rules, the words

in these Rules shall be construed according to their natural meaning.

The following terms are defined as follows:

(a)

(b)

(c)

(d)

(¢)

(f)

(g)

(h)

“A djournment” means a suspension of proceedings to another time or place or to end

the meeting.

“Adjournment baanimaa” means an adjournment without an appointed day on

which to meet again, or an adjournment for an indefinite period.

“Audio” or “video reproductions” means media including films, audio and video

tapes or slides, and audio and video electronic files.

“Band” means the Non-Removable Mille Lacs Band of Ojibwe.

“Band Assembly record” means a measure, amendment of a measure, document,

book, paper, photograph, audio recording, video recording, or other material produced

by the Band Assembly or a staff member of the Band Assembly, or any of the same

produced by a non-member and filed with the Clerk, in connection with the exercise

of legislative or investigative functions.

“Chamber” means the entire area of the floor, the gallery, and, if meeting outside of

the formal chambers, the table and vicinity of where the Band Assembly has convened.

If the Band Assembly is meeting using remote technology, including by phone or

video, the Chamber includes the immediate physical area around Members, the

electronic meeting forum, and all individuals able to participate in real time in the

remote meeting.

“Clerk” means the Clerk of the Assembly or the designee of the Clerk of the

Assembly.

“Compromise bill” means a bill passed by the Band Assembly, vetoed by the Chief

Executive, and returned to the Band Assembly for compromise during a compromise

hearing.

“Critical nomination” means a nomination by the Chief Executive for any

Commissioner, Judge, Justice, Corporate Board Member, or the Solicitor General or

(k)

()

(m)

(n)

(0)

(P)

(q)

(r)

(s)

(t)

(u)

(v)

any nomination by the Secretary-Treasurer for membership on the Institutional

Investment Committee.

“Drafting Manual” means the document or book designated by the Revisor of

Statutes as the official style guide for Band Assembly legislation.

“Executive Branch official” means the Chief Executive, the Commissioners, and the

Solicitor General. This term shall not be construed to include employees of the

Executive Branch in general.

“Executive session” means a meeting of the Band Assembly that is closed to the

public.

“Exigent circumstances” means a situation requiring immediate action, including

emergency situations and unavoidable time-sensitive issues. The Band Assembly shall

have the final authority to determine which circumstances are exigent and which are

not.

“The Floor” means the physical area immediately surrounding the Members’ chairs

and desks.

“Judicial Branch official” means a justice of the Court of Appeals, a judge of the

District Court, the Court Administrator, the Clerk of Court, and legal staff employed

by the Judicial Branch.

“T_egislative Counsel” means the individual or individuals employed to provide legal

advice to the legislative branch.

“Legislative Order” means a directive passed pursuant to 3 MLBS § 30.

“Measure” means a bill, resolution, legislative order, amendment, or any legislation

under consideration by the Band Assembly.

“Member” means a popularly elected District Representative.

“Minutes” means the record of minutes of the meetings of the Band Assembly.

“Nomination” means a procedure by which an individual is recommended, selected,

or otherwise approved or rejected for appointment to a particular position through a

vote by the Band Assembly.

“Non-member” means a member of the public, Executive Branch official, Judicial

Branch official, government official or employee, or any other private individual

except the Speaker and the Members.

Source:

(w) “Original copy” means the copy of a measure placed by the Clerk into the original

measure folder.

(x) “Original measure folder” means the storage location in which the Clerk maintains

all original copies until the measures are acted upon by the Band Assembly.

(y) “Parliamentarian” means the Clerk pursuant to 3 MLBS § 10.

(z) “Personally identifiable information” means any information that permits the

identity of an individual to be directly or indirectly inferred, including any information

that is linked or linkable to that individual, including biometrics, criminal history, date

of birth, driver’s license number, health record, home address, financial record, and

Social Security Number.

(aa) “Printed version” means a document in either physical or digital form.

(bb) “Recess” means a short intermission in a meeting of the Band Assembly.

(cc) “Remote technology” means any technology designed to facilitate meeting outside

the physical Chamber, including video conferencing, telephone, or other means.

(dd) “Resolution” means a formal expression of opinion, will, or intention voted on by the

Band Assembly.

(ce) “Rules” means the rules adopted by the Band Assembly pursuant to 3 MLBS § 12.

(ff) “Speaker” means the Speaker of the Assembly or the designee of the Speaker of the

Assembly.

(gg) “Sponsor” means the Member who introduced or intends to introduce a measure.

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, Ist Sess. at p. 2 July 6, 2022).

Minutes, 21st Band Assembly, Ist Sess. at p. 2 (April 30, 2024).

Rule 2.

2.1.

Rules, Generally

The Band Assembly may adopt, amend, or rescind any Rule of the Band Assembly by

majority vote, subject to Rule 2.2.

2.2. Any proposed adoption, amendment, or rescission of any Rule of the Band Assembly shall

proceed as follows:

(a) the Member shall submit to the Clerk and Legislative Counsel the proposal in writing;

(b) the proposal shall be introduced and read at a regularly scheduled meeting of the Band

Assembly;

(d) the proposal shall lay on the table for at least one (1) day prior to any vote on the

proposal.

2.3. The Band Assembly may, in exigent circumstances, suspend one (1) or more of the Rules

by unanimous roll call vote, subject to the following:

(a) the motion to suspend the Rules must state which Rule or Rules the Member is moving

to suspend;

(b) the motion to suspend the Rules must state the reason for suspending the Rule or Rules;

Rules will be suspended;

(d) ifthe motion to suspend the Rules is passed, the Rules shall return to force in full upon

the call to order at the next meeting; and.

(e) if the motion to suspend the Rules is defeated, the Band Assembly may not renew the

motion until after a recess or an adjournment.

2.4. The Rules shall remain in effect during each Band Assembly, unless modified as provided

in Rule 2, regardless of whether the Band Assembly is in legislative session, in special

session, or adjourned baanimaa (“not until later”).

2.5. Inthe event of an occurrence not otherwise covered by the applicable Constitution, statute,

or the Rules, the Parliamentarian shall apply the relevant rule from Mason's Manual of

Legislative Procedure.

Historical Notes

Source:

Legislative Order 33-21.

Minutes, 20th Band Assembly, Ist Sess. at p. 2 July 6, 2022).

Rule 3.

3.1.

3.2.

3.3.

3.4.

3.5.

3.6,

3.7.

Source:

Convening

A quorum of the Band Assembly is three (3) Members. The Speaker shall be considered a

Member for purposes of establishing a quorum.

The Band Assembly shall only conduct business if a quorum is present.

The Speaker may designate the hour of meeting pursuant to 3 MLBS § 7.

All meetings of the Band Assembly, with the exception of executive sessions, shall be open

to the public.

Notwithstanding Rule 3.4, the Speaker may order the Chamber cleared in the event of a

disturbance, during which time the Band Assembly shall be in recess.

Unless excused by the Speaker, each Member shall attend all meetings of the Band

Assembly.

(a) During each meeting of the Band Assembly, the Clerk shall, on the second order of

business, call the roll and record each Member as either “present,” “excused,”

“attending legislative business,” or “absent.”

(b) Before requesting that the Clerk call the roll, the Speaker shall announce on the floor

the name of any Member who requested excusal from the meeting. The consent of the

Band Assembly to the excusal is presumed unless a present Member expressly objects,

in which case the Clerk shall record the Member as “absent” rather than “excused.”

Speaker, sufficient hardship as to justify the absence.

Pursuant to Legislative Order 30-20, all meetings of the Band Assembly not reserved for

executive session shall be live-streamed on the Band’s website and stored in an online

repository.

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, Ist Sess. at p. 2 (July 6, 2022).

Rule 4. Voting

4.1.

4.2.

4,3.

4.4.

4.5.

4.6.

The Clerk shall take and record a vote of “eya” and “gaawiin” on the final passage of all

measures. Members may respond either in the provided Ojibwe terms or by saying “aye”

or “nay,” respectively.

The Clerk shall take and record a roll call vote on any question upon demand by any

Member.

The Speaker shall order a roll call vote whenever the Speaker is in doubt on the results of

any voice vote.

During a roll call vote, the Clerk shall call the roll in the following order:

(a) the Member for District 1;

(b) the Member for District 2; and

When involved in a potential conflict of interest as defined by Band law, Members shall

follow this procedure:

(a) the Member with a potential conflict shall announce on the floor the nature of the

potential conflict prior to voting on the issue giving rise to the potential conflict;

(b) the Clerk shall record in the Minutes the Member’s announcement of a potential

conflict of interest; and

details of the conflict rather than simply the announcement of a conflict, reduce to

writing the nature and details of the potential conflict and file it with the Clerk within

one (1) calendar day of adjournment of the meeting in which the potential conflict was

announced. If the Member files a written statement, the Clerk shall record the written

statement in the Minutes within one (1) day following receipt of the written statement.

Members may explain a vote on any matter for which a vote is taken, subject to the

following:

(a) Members may request time for an explanation only after the completion of the vote

and the announcement of the results of the vote;

(b) Members may speak for up to two (2) minutes; and

4.7,

4.8.

4.9.

Source:

The Speaker may call the Member to order if the explanation does not meet the

requirements of Rule 4.6, and the Speaker may direct the Clerk to delete out-of-order

material from the Minutes.

Ifa Member wishes to enter the explanation of his or her vote into the Minutes, the Member

shall reduce to writing the substance of the oral explanation. The written explanation must

be filed with the Clerk at least five (5) calendar days prior to the next scheduled meeting.

The Clerk shall distribute a printed copy of the measure to each Member prior to any final

vote. When a measure is amended by motion from the floor, the Clerk need not distribute

a printed copy of the measure as amended prior to a final vote on the measure as amended,

unless requested by a Member or the Speaker.

Historical Notes

Legislative Order 33-21.

Rule 5. Order of Business

5.1.

The Speaker shall lead the Band Assembly through the general order of business, which 1S

as follows:

(a) Call the Meeting to Order;

(b) Roll Call;

(d) Approval of the Minutes;

(e) Reports and Presentations;

(f) Unfinished Business;

(g) New Business;

(h) Other Business;

(i) Messages from the Chief Executive;

(j) Messages from the Representatives; and

5.2.

5.3.

Source:

(k) Messages from the Secretary-Treasurer.

The Band Assembly shall decide questions relating to the priority of business without

debate.

The Band Assembly may vary the general order of business, provided that any Member or

the Parliamentarian may call the orders of the day at any time.

Historical Notes

Legislative Order 33-21.

Rule 6.

6.1.

6.2.

6.3.

6.4.

6.5.

Motions

Members may make a motion either orally or in writing.

(a) If moved orally, the Speaker shall state the motion.

(b) If moved in writing, the Member shal] hand the motion to the Clerk who shall read the

motion.

After a motion is stated by the Speaker or read by the Clerk, the motion is in the possession

of the Band Assembly and may be withdrawn only with the permission of the Band

Assembly prior to a decision on the motion.

Motions shall require seconds. The Speaker shall ask whether there is a second to the

motion. If, after the Speaker asks twice, there is no second, the motion shall be deemed to

have failed.

Members may make any motion identified in the manual identified in Rule 2.5, unless

making such motion would be inconsistent with the Rules.

Members may discuss any motion prior to voting on the motion, subject to the following:

(a) when a motion is made and seconded, the Speaker shall open the floor to discussion

regarding the motion and may utilize discretion to recognize any member or non-

member;

(b) when discussion has ended, the Speaker shall cal] the vote;

6.6.

6.7.

6.8.

6.9.

6.10.

6.11.

6.12.

6.13.

6.14.

6.15.

to that effect has been passed or the Members, upon inquiry from the Speaker, consent

to the Speaker calling the vote; and

(d) the Speaker may recognize the Parliamentarian or Legislative Counsel for the purposes

of clarifying the nature or effect of the motion, or to resolve any legal questions

relating to the motion.

The Band Assembly shall decide all incidental questions without discussion.

An appeal of the decision of the Speaker is undebatable, though the Member making the

appeal may briefly state the reason for the appeal, and the Speaker may briefly state the

rationale for the ruling.

A motion to end debate shall, until decided, preclude amendments and further discussion

on the question, except closing arguments.

9999

The question on a motion shall be put in the following form: “Those in favor say ‘Lya’.

Then, “Those opposed say ‘Gaawiin.’” Then, “Do any Members wish to remain silent?”

The Speaker may pose the question using “aye” and “nay,” respectively, rather than the

Ojibwe terms. A Member choosing to remain silent shall be deemed to have abstained

from the vote.

When a measure or question has been indefinitely postponed, the Band Assembly may not

take further action on the measure or question during the same meeting of the Band

Assembly, and the vote is not subject to a motion for reconsideration. -

If a motion to indefinitely postpone a measure or question fails, no Member may make the

same motion on the same measure or question until the next scheduled meeting.

Members may call for a division of a question if the question presents propositions so

distinct in substance that if one is taken away, a substantive proposition remains. However,

Members may not seek to divide a question of final passage or adoption of any measure.

Members may amend a measure from the floor if the Band Assembly approves the

amendments by majority vote. The Clerk shall note the language of the amendment in the

Minutes.

A motion for approval of a nomination shall be considered a main motion.

Members may make a motion for reconsideration when:

(a) the Member voted on the prevailing side;

(b) the motion for reconsideration is not for a vote by which a measure was indefinitely

postponed, in which case the Member is out of order;

adjournment on the day on which the vote to be reconsidered was taken; and

(d) the measure either passed or failed to pass; or

(e) anon-procedural motion has been adopted or defeated.

6.16. The Band Assembly may discuss the motion to reconsider together with the main question,

if the subject of the main question is debatable.

6.17. The Band Assembly shall vote on the motion to reconsider on the day on which it was

moved.

6.18. The Clerk may not transmit a measure passed by the Band Assembly if a Member has given

notice of intention to move for reconsideration until either the motion is made or the time

in which the Member could make the motion expired. The time in which the Member could

make the motion shall be deemed to have expired upon adjournment of the next regularly

scheduled meeting, regardless of whether the Member is present at the meeting or, if the

measure in question requires delivery to the Chief Executive under 3 MLBS § 17(c), sixty

(60) hours after the action to be reconsidered was taken.

Historical Notes

Source:

Legislative Order 33-21.

Rule 7. Debate and Decorum

7.1. Members and non-members present in the Chamber must not obstruct or otherwise

interfere with the ability of a speaking Member to see other Members, non-members, and

the gallery.

7.2. _ Members and non-members present in the Chamber may not act in a manner disruptive of

the proceedings.

7.3. The Speaker shall be addressed as “Madam Speaker” or “Mister Speaker.”

7.4. The Chief Executive shall be addressed as “Madam Chief” or “Mister Chief.”

7.5. Members shall be addressed as “Representative [last name].”

7.6.

7.7.

Members may make the following requests without being recognized by the Speaker:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

aroll call vote;

to raise a question of privilege;

to appeal a decision of the Speaker, if made immediately following the decision;

to raise a point of order requiring an immediate ruling;

to raise a parliamentary inquiry requiring an immediate reply;

to call for the orders of the day;

to call attention to breaches of decorum;

to call for a division of a question; or

for any other reason listed in the manual identified in Rule 2.5.

Members shall conform to the following:

(a)

(b)

(c)

(d)

(e)

(f)

Members may distribute written material to Members and non-members during

meetings, provided that the written material identifies its author, includes the author’s

contact information, and is filed with the Clerk prior to distribution,

Members may request and receive specific material from Legislative Branch

employees during meetings;

Members may read from any paper or book as part ofa speech, unless another Member

objects, in which case the matter shall be put to a vote without discussion;

Members may use audio or video reproductions during discussion;

Members may ask questions of non-members at any time during the non-member’s

testimony, during which time the recognition of the Speaker is presumed unless

expressly withheld;

Members may ask questions of Legislative Counsel during meetings of the Band

Assembly, subject to the following:

(i) Legislative Counsel may object to answering any question on the basis of

preservation of attorney-client privilege or any other reason consistent with

the prudent, professional exercise of his or her duties; and

7.8.

(g)

(h)

(i)

(ii) notwithstanding (i), the Band Assembly may overrule the objection of

Legislative Counsel by majority vote and require an answer be given on the

record;

Members may not speak to issues not relating to the question under discussion,

Members may not impugn a Member’s or non-member’s honor, integrity, motive, or

other personal characteristics; and

Members may speak for a reasonable time, as determined by the Speaker, on any

matter.

Non-members shall conform to the following:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

if speaking for the first time regarding the measure or question, the non-member shall

state his or her name and, if relevant to his or her testimony, job title before beginning

their testimony, which the Clerk shall record in the Minutes;

if speaking for a second or subsequent time, the non-member shall state his or her

name before beginning testimony;

non-members shall limit their testimony to issues relating to the immediate discussion

or debate;

non-members shall provide open, honest, and factually accurate testimony when

testifying before the Band Assembly and may not impugn a Member’s or nonmember’s honor, integrity, motive, or other personal characteristics;

non-members may speak for a reasonable time, as determined by the Speaker, during

which Members may interrupt to ask questions relating to the non-member’s

testimony;

non-members may distribute written material to Members and non-members during

meetings, provided that the written material identifies its author, includes the author’s

contact information, and is filed with the Clerk prior to distribution;

non-members may request to be listed on the agenda, provided that the request of the

non-member is sponsored by a Member. If the request is properly sponsored and filed

in accordance with Rule 9.2, the Clerk shall place the non-member on the agenda.

This section shall apply only to formal inclusion on the agenda, not the general ability

of non-members to provide testimony when recognized by the Speaker; and

79.

7.10.

711.

Source:

(h) non-members may not address the Band Assembly without both filing the Public

Testimony Form with the Clerk and receiving recognition from the Speaker.

Executive Branch officials shall conform to the following:

(a) notwithstanding Rule 7.8(h), Executive Branch officials may testify without filing the

Public Testimony Form;

(b) an Executive Branch official may delegate his or her response to a question from a

Member to his or her direct subordinate, provided that the direct subordinate is

qualified to speak to the question at hand. For purposes of this Rule, “direct

subordinate” means a government employee employed by the department of the

Executive Branch official to whom the question was directed and who answers directly

to that Executive Branch official; and

during Messages from the Chief Executive, subject to reasonable restrictions by the

Speaker.

Judicial Branch officials shall conform to the following:

(a) notwithstanding Rule 7.8(h), Judicial Branch officials may testify without filing the

Public Testimony Form; and

(b) excepting issues not related to measures under consideration, Judicial Branch officials

may only testify regarding legislation insofar as the proposed legislation pertains to

court processes and procedures.

Before opening the floor to general discussion or debate on a measure, the Speaker shall

ask the Band Assembly whether any Member wishes to give an opening statement. At that

time, Members may request up to three (3) minutes of uninterrupted speaking time.

Members may not use this time to speak on matters not relating to the immediate discussion

or debate. If multiple Members seek recognition under this Rule, the Speaker shall

recognize Members in the order established by Rule 4.4.

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, Ist Sess. at p. 2 (July 6, 2022).

Rule 8.

8.1.

8.2.

8.3.

8.4.

8.5.

Source:

Measures

Every measure introduced in the Band Assembly shall bear the name of its sponsor or

sponsors and shall comply with 3 MLBS § 3].

Members may withdraw as a sponsor of a measure at any time prior to passage of the

measure.

Notwithstanding Rule 8.2, the sponsor may request that the Clerk change the sponsor of

the measure to another Member, with the consent of that Member, if the sponsor will be

unable to attend the meeting in which the measure is scheduled to be introduced.

When a measure is introduced on the floor, the sponsor may waive the formal reading of

the measure or may read such portions as he or she wishes. The Speaker, or any Member,

may request the measure be read in full. The Members and the Clerk may, when

circumstances warrant, alternate turns reading sections of the bill.

The Band Assembly may not act on any measure that lacks a sponsor. The Clerk shall

remove from the agenda any measure that lacks a sponsor. The same measure may be

reintroduced immediately or during any subsequent meeting if any Member notifies the

Clerk that he or she wishes to sponsor the measure.

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, Ist Sess. at p. 2 July 6, 2022).

Minutes, 21st Band Assembly, Ist Sess. at p. 2 (April 30, 2024).

Rule 9.

9.1,

The Clerk of the Band Assembly

Under the direction of the Speaker, the Clerk, in addition to performing those duties

provided by Jaw or the Rules, shall:

a. maintain the Band Assembly records, including the Minutes and agenda;

b. instruct and supervise staff in the preparation of Band Assembly records;

c. receipt for documents transmitted to the Band Assembly and take receipts for

documents to be received by the Band Assembly;

d. serve as Parliamentarian forthe Band Assembly; and

e. instruct and supervise Band Assembly employees to whom the Clerk has delegated

duties assigned to the Clerk and employees, apart from the personal staff of

Members, assigned to duties in the Chamber.

9.2, Absent exigent circumstances, the Clerk may not accept any agenda items that he or she

has not received five (5) calendar days in advance of the upcoming meeting of Band

Assembly in accordance with Legislative Order 30-20.

9.3. The Clerk shall designate one (1) copy of the measure as the original copy by placing the

copy into the original measure folder. The Clerk shall maintain in the original measure

folder copies of all amendments, reports, and a record of all actions on the measure.

Historical Notes

Source:

Legislative Order 33-21.

Rule 10. Publications and Records

10.1. The Band Assembly shall cause Minutes of its proceedings to be maintained that contain a

full, true, and correct chronological record of all proceedings of the Band Assembly.

10.2. The Revisor of Statutes shall prepare a Status Report to be composed and published

monthly during the legislative session of the Band Assembly, which shall list in numerical

order the measures, including their title, sponsor, and a history of actions taken.

10.3. Subject to the needs of Members and Legislative Branch staff in the performance of their

official duties and the confidentiality requirements for Band Assembly records from

executive sessions, Band Assembly records shall be available for public inspection, subject

to any requirements the Speaker considers necessary to ensure their safety.

10.4. Arrangements for having records copied may be made and an appropriate fee to cover costs

may be imposed. All fees collected under this Rule shall be promptly turned over to the

Office of Management and Budget.

10.5. Audio and video recordings shall be made of every meeting of the Band Assembly. The

Clerk shall keep and maintain said recordings in his or her custody. In the event of technical

difficulties or other technological failures during a meeting, the Clerk shall record the

general nature and duration of the technical difficulties in the Minutes and keep and

maintain whatever records are possible under the circumstances.

10.6. The Speaker shall sign all orders for printing or distribution of publications printed for the

Band Assembly, except those publications whose printing or distribution is governed

specifically by statute, ordinance, or legislative order.

Source:

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, 1st Sess. at p. 2 (July 6, 2022).

Rule 11. The Speaker of the Assembly

11.1.

11.2.

11.3.

The duties of the Speaker are as follows:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

the Speaker shall take the chair at the designated time,

the Speaker shall immediately call the Members to order and request that the Clerk

call the roll;

the Speaker shall preside over the deliberations of the Band Assembly, preserve order

and decorum, and decide questions of procedure in accordance with the Rules;

the Speaker shall have control of the Chamber, including the power to order removal

of non-members who violate the Rules;

the Speaker shall have general control and direction of all Band Assembly employees

and all employees of the Legislative Branch when they are in the Chamber;

the Speaker shall recognize Members and may recognize non-members during witness

testimony, discussion, and debate of all measures and questions that arise and

otherwise enforce the Rules;

the Speaker may designate, with the consent of the Chief Executive, a member of the

Tribal Police as a temporary Sergeant at Arms to maintain order in the Chamber or

otherwise provide security as necessary in the opinion of the Speaker; and

the Speaker shall appoint such staff as is necessary to perform the duties of the office

or to assist the Band Assembly.

The Speaker may not participate in the general debate and discussion of the Band Assembly

beyond that which is necessary to fulfill the duties listed in Rule 11.1.

Notwithstanding Rule 11.2, the Speaker may address the Band Assembly in his or her

capacity as the Secretary-Treasurer where appropriate, provided that the Speaker appoints

a Speaker pro tempore for the period during which he or she is speaking in that capacity.

11.4.

Source:

The Speaker may appoint a Member to act as the presiding officer in the Speaker’s absence,

or as needed under Rule 11.3, whose title shall be Speaker pro tempore, subject to the

following:

(a) appointment as Speaker pro tempore shall expire upon adjournment of that day’s

meeting;

(b) the Speaker pro tempore shall perform all the duties of the Speaker;

(d) the Speaker pro tempore may introduce a bill sponsored by the Speaker pro tempore

as provided in Rule 8.4;

(e) the Speaker pro tempore may speak on any issue on which a Member may speak;

(f) the Speaker pro tempore may second any motion while presiding, but may not

otherwise make any motion while presiding; and

(g) the Speaker pro tempore may vote while presiding.

Historical Notes

Legislative Order 33-21.

Rule 12. Nominations

12.1.

12.2.

12.3.

12.4.

All nominations shall be handled in a manner consistent with Legislative Order No. 022

and Legislative Order 38-25.

Upon receipt of a nomination, except for a critical nomination, the Clerk shall place the

nomination on the agenda, subject to Rule 9.2.

For any nominee other than a Judge or Justice, upon receipt of a critical nomination letter

from the Chief Executive, the contact information and resume of the nominee, and the

unabridged results of a completed criminal background check pursuant to 24 MLBS §

1054(j), the Clerk may, with the consent of two (2) District Representatives or one (1)

District Representative and the Speaker of the Assembly, place the critical nomination on

the Band Assembly Agenda, subject to Rule 9.2.

For any nomination of a Judge or Justice, the Parliamentarian may, immediately upon

receipt of the nomination materials from the Chief Executive, place the nomination on the

Band Assembly agenda and the criminal background check shall run concurrently.

12.5.

12.6.

12.7.

12.8.

12.9.

12.10.

Source:

The Speaker shall request that a Member move to approve the nomination. If, after three

(3) requests by the Speaker, no Member has moved to ratify the nomination, the nomination

fails.

If a Member moves to approve the nomination, the Band Assembly, including the Speaker,

may debate the nomination. If debate has ended, then the Speaker shall call for a vote. For

purposes of this Rule, debate shall be considered ended when either a motion to that effect

has been passed or the Members, upon inquiry from the Speaker, consent to the Speaker

calling the vote.

All votes on nominations shall be roll call votes.

Debates on nominations may be held in executive session.

Once the nomination is approved or denied, the Clerk shall notify the nominating

individual that the nomination has passed or failed. If the nomination failed, the Clerk shall

request that the nominating individual make another nomination for the position.

If the nomination fails or is withdrawn, the Band Assembly may not consider a subsequent

nomination of the same individual to fill the same position and term of office.

Historical Notes

Legislative Order 33-21.

Minutes, 20th Band Assembly, 1st Sess. at p. 2 (July 6, 2022).

Minutes, 21st Band Assembly, 3rd Sess. at p. 3 (June 25, 2025).

Rule 13. Executive Sessions

13.1.

13.2.

13.3.

13.4.

13.5.

The Band Assembly may, by majority vote, enter an executive session for any reason

consistent with the applicable Constitution, statute, legislative order, or the Rules.

The Band Assembly agenda shall identify which items are reserved for executive session.

If an agenda item is not initially reserved for executive session but yields information that

warrants an executive session, the Band Assembly may move that item into executive

session by a majority vote.

Executive sessions shall be closed to the public.

Non-members who are specifically identified on the agenda for executive session items

may attend executive sessions. The Band Assembly may invite non-members not listed on

the agenda if the presence of those non-members is necessary to resolve the question or

questions presented.

13.6. Executive session records shall be kept confidential if the records contain personally

identifiable information or information considered privileged by the government.

13.7. Notwithstanding Rule 13.6, the Band Assembly may, by majority vote, make public

specific records from executive session. However, the Band Assembly shall not

intentionally reveal personally identifiable information without the signed consent of the

individual in question, which shall be filed with the Clerk and attached to the record being

made public.

Historical Notes

Source:

Legislative Order 33-21.

Rule 14. Hearings of Inquiry

14.1. The Band Assembly may only initiate a hearing of inquiry by voting on and passing a writ

of inquiry.

14.2. All votes on writs of inquiry shall be roll call votes.

14.3. The Speaker shall issue the formal writ of inquiry, which must state the purpose of the

inquiry, the date, hour, and location on which the inquiry will begin, and any other

information deemed necessary by the Speaker, within five (5) calendar days after the

passage of a writ of inquiry.

14.4. The Band Assembly may amend writs of inquiry by roll call vote.

14.5. The Clerk shall publish the writ of inquiry after it is issued by the Speaker.

14.6. The Clerk shall maintain the records of all hearings of inquiry separately from the Band

Assembly records.

14.7. Hearings of inquiry shall be open to the public.

14.8. Notwithstanding Rule 14.7, hearings of inquiry may enter an executive session as provided

in Rule 13.1. In determining whether to enter an executive session, members shall consider

the following factors:

(a) whether the testimony or evidence would endanger the security of the Band if it were

made public; and

14.9,

14.10.

14.11.

14.12.

(b) whether the release of the testimony or evidence would violate any applicable

constitution, statute, or Rule.

Members with a potential conflict of interest in the inquiry proceedings shall follow the

procedures established in Rule 4.5, file a written statement with the clerk under Rule 4.5(c),

and recuse himself or herself from all votes regarding and participation in the inquiry

proceedings. For the purposes of hearings of inquiry proceedings, “potential conflict of

interest” includes inquiries in which the testimony, evidence, or investigation involves the

member’s individual conduct while serving as a member of the Band Assembly, inquiries

in which the investigation includes or implicates a first-degree relative of the member,

including step- and adopted relations, and any other potential conflicts of interest as defined

by Band law.

The Band Assembly shall appoint a hearing officer, who must be a justice of the Court of

Central Jurisdiction or a licensed attorney who is knowledgeable in Band law and judicial

philosophy.

The hearing officer shall have the following duties:

(a) to conduct a diligent investigation consistent with the Rules, internal procedures

adopted by the legislative branch, and Band law;

(b) to draft and submit to the Band Assembly interim reports detailing the progress of the

investigation and any other information deemed relevant, if determined to be necessary

or desirable by the Band Assembly or the hearing officer;

complete; and

(d) to draft and submit to the Band Assembly a report detailing the hearing officer’s

findings of fact and conclusions of law.

The hearing officer shall have the following powers:

(a) to administer affirmations and oaths;

(b) to subpoena records, documents, and other oral or written testimony;

(d) to appoint additional personnel as necessary to carry out the investigation, subject to

approval by the Band Assembly;

14.13.

14.14.

(e)

(f)

(g)

to request assistance from the Solicitor General, including access to records, files, or

other materials relevant to the investigation and personnel necessary to perform the

duties of the hearing officer;

to request that the Band Assembly expand or otherwise change the subject of the

investigation stated in the writ of inquiry, if the hearing officer in the course of the

investigation reasonably believes that the investigation should be expanded or

changed; and

to request that the Band Assembly extend the time period in which the investigation

was to be completed, if the writ of inquiry specifies a time certain for ending the

inquiry and the hearing officer requires more time than the writ permits.

All testimony given during the hearing of inquiry shall be made under affirmation or oath.

The Clerk shall provide notice to all witnesses. Notice shall be given at least three (3)

calendar days in advance of the scheduled appearance and must include the following:

(a)

(b)

(c)

the date, time, and place at which the testimony is to be provided;

a reasonable description of the expected scope of the testimony, which shall not limit

the hearing officer or the members from expanding the scope should additional

relevant facts be uncovered during witness testimony; and

a reasonable description of any writings, drawings, graphs, charts, photographs,

records, data, documents, files, or any other evidence requested by the hearing officer,

provided that:

(i) the hearing officer need not be familiar with the proper nomenclature or

description of the evidence to be produced at the time the evidence is

requested;

(ii) if the hearing officer is unfamiliar with the proper nomenclature or

description, the individual charged with control of the evidence or the

Executive Branch official in charge of the relevant department shall assist

the hearing officer in locating the desired evidence; and

(iii) all evidence shall be provided as it is kept in the ordinary course of business,

(iv) all evidence shall be provided in an organized manner that is labeled to

correspond to the categories or list in the notice.

14.15.

14.16.

14.17.

14.18.

14.19.

14.20.

If the evidence to be collected is immovable because it is real property, a fixture, or such

other property that is infeasible to move or impound during the investigation, the hearing

officer, upon provision of appropriate notice, may enter the property for the purpose of

inspecting the evidence, including copying, measuring, surveying, photographing, testing,

or sampling the real property or fixture. The subject of the investigation, or the relevant

Executive Branch official if the subject of the investigation is a Band entity, may be present

during the inspection.

If the hearing of inquiry was convened for the purpose of investigating a commission or

department of the Band and the relevant Executive Branch official does not comply with

the notice in a timely manner, the hearing officer shall note the failure or omission in the

findings of fact and conclusions of law in the report of the hearing officer. Such acts of

noncompliance shall be considered prima facie evidence of nonfeasance in office and a

violation of the oath of office.

Subpoenas may be issued by the hearing officer or the Band Assembly. Every subpoena

must:

(a) state that the issuer is the Band Assembly;

(b) state the title of the action;

in the subpoena, to attend and be interviewed or to produce and permit inspection and

copying of writings, drawings, graphs, charts, photographs, records, data, documents,

files, or any other evidence.

Any person served with a subpoena may provide to the Speaker and the hearing officer a

timely written objection to the inspection or copying of any designated materials or

property. Ifa written objection is properly made, the Speaker shall call a special session at

the earliest possible date for the purposes of debating and voting on whether to uphold,

amend, or quash the subpoena. The grounds for amending or quashing a subpoena shall be

limited to cases in which the subpoena:

(a) fails to allow reasonable time for compliance; or

(b) presents the subject of the subpoena with an undue burden.

Evidence produced pursuant to a subpoena must comply with the terms of

Rule 14.14(c)(ii1) or (iv).

Any person who fails to comply with a subpoena shall be held to be in contempt of the

Band Assembly and the hearing officer, or the Band Assembly, may initiate an action in

14.21.

14.22.

14.23.

14.24.

Source:

the Court of Central Jurisdiction. Penalty for noncompliance shall be two hundred ($200)

dollars per day of noncompliance.

Subpoenas may be served on any person, provided that the person is at least eighteen (18)

years of age. Delivery may be made by certified U.S. Mail or other means reasonably likely

to ensure safe and timely delivery to the recipient. The hearing officer shall provide the

Clerk with proof of service by filing a statement, which must contain the date of service,

manner of service, the names of the persons served, and a certification by the individual

who made the service.

The Band Assembly shall publish a written report not more than forty-five (45) days after

the close of any hearing of inquiry outlining its findings of fact, conclusions of law, and

orders of the Band Assembly. If the writ of inquiry was regarding the official conduct of

any person or Executive Branch official, then the person or Executive Branch official shall

be notified by certified mail of the decision five (5) days in advance of public release of

the report.

Each member shall sign the decisions of the majority. The document must, if a member

dissents, include a separate signature line for the dissenting member. Said signature line

must be labeled with the word “dissent” or some other reasonable indication that the

member dissents from the decision of the majority.

Members may draft minority opinions. If a member files a minority opinion with the Clerk,

the minority opinion shall be included in the records.

Historical Notes

Minutes, 20th Band Assembly, 1st Sess. at p. 4 January 12, 2022) (showing the introduction of the

amendment to add Rule 14).

Minutes, 20th Band Assembly, ist Sess. at p. 2 January 19, 2022) (showing adoption of Rule 14).

Minutes, 20th Band Assembly, Ist Sess. at p. 2 (July 6, 2022).

Rule 15. Formal Public Hearings.

15.1

15,2

15.3

After opening a formal public hearing, the Speaker shall recognize the sponsor of the bill

for the purpose of giving an opening statement.

After the sponsor has given an opening statement, the Speaker shall recognize the

remaining Members by order of district number for the purpose of giving an opening

statement.

After all Members have had the opportunity to give an opening statement, the Speaker

shall open the floor to the public.

15.4

15.5

15.6

15.7

Source:

Any non-member who has filled out the required public testimony form shall be

recognized for a reasonable period of time, as determined by the Speaker, during which

Members may interrupt to ask questions relating to the non-member’s testimony.

All testimony and other statements must relate directly to the measure under

consideration during the formal public hearing.

The Speaker shall keep all formal public hearings open for a minimum of fifteen (15)

minutes, during which non-members shall be permitted to testify, subject to Rule 15.4. If

no non-member has given testimony or no further non-members seek recognition to give

testimony, the Speaker may close the formal public hearing after the expiration of the

fifteen (15) minute period.

The Band Assembly may not proceed to any other item of business while any formal

public hearing is open.

Historical Notes

Minutes, 20th Band Assembly, 1st Sess. at p. 2 July 6, 2022).

Rule 16. Compromise Hearings.

16.1.

16.2.

16.3.

16.4.

After opening a compromise hearing, the Speaker shall recognize the Chief Executive

and the Members in the following order for the purpose of giving an opening statement

and any statements made thereafter:

(a) the Chief Executive;

(b) the sponsor; and

Representative.

Opening statements shall be limited to remarks about the reasons for the veto and other

directly related matters.

Any statements made during a compromise hearing shall not exceed 5 minutes per

Member, non-member, and the Chief Executive.

Once an Act has been vetoed by the Chief Executive, the sponsor cannot withdraw their

sponsorship. If a compromise is reached, the original sponsor of the bill, shall have

priority in sponsoring the subsequent bill.

16.5. No compromise hearing may be conducted in the absence of the Chief Executive. If the

Chief Executive is absent, the Speaker shall close the compromise hearing until the Chief

Executive is present.

16.6. The Speaker may order a recess for a reasonable time after opening statements, during

which Members may consult with Legislative Counsel. Members may request that the

Speaker declare a recess at any time after opening statements.

16.7. No Member may make a motion to adjourn during a compromise hearing, the subject of

which is an appropriation bill.

Historical Notes

Source:

Minutes, 20th Band Assembly, Ist Sess. at p. 2 (July 6, 2022).

Minutes, 21st Band Assembly, Ist Sess. at p. 2 (April 30, 2024).

Appendix 1. Public Testimony Form

PURSUANT TO RULE 7.8(g), non-members, meaning a member of the public, government

official or employee, or any other private individual, may testify at meetings of the Band

Assembly only by filing a signed copy of the Public Testimony Form (“Form”) with the

Clerk. If you do not file a signed copy of this form with the Clerk, the Speaker will not permit

you to testify during the meeting. This Form provides notice of the most relevant Rules for the

public. However, every person seeking to testify should familiarize themselves with the entire set

of Rules. (Rules 1.2(t), 7.8(g)).

Do not speak unless you have been recognized by the Speaker. The Speaker controls the

meeting, and you may not testify unless the Speaker permits. The Speaker may withdraw

recognition at any time, after which you may not speak any longer. You must address the Speaker,

the District Representatives, and the Chief Executive respectfully. (Rules 7.3, 7.4, 7.5, 7.8, 11.1).

Identify yourself before beginning to speak. The first time you testify on any issue, you must

state your name and, if it is relevant, your job title. (E.g., if you are a government employee

testifying on an issue relating to your department) Every subsequent time you speak on the same

issue, state your name before beginning your testimony. (Rules 7.8(a) and (b)).

Limit your testimony to the issue immediately at hand. The Band Assembly welcomes your

input, but during meetings limit your comments to those directly relating to the question before

the Band Assembly. The Speaker will withdraw recognition if you do not stay on topic. (Rule

7.8(c)).

Where possibie, have your testimony prepared in advance. You do not need to have it written

out, but plan out what you want to say ahead of time because the District Representatives may

interrupt you at any time to ask questions relating to your testimony. Additionally, keep any

relevant facts, figures, and supporting documents nearby for reference, just in case. (Rules 7.8(d)

and (e)).

Be concise. Once recognized by the Speaker, you may speak for a reasonable period of time, as

determined in the judgment of the Speaker. Psychologists say that a good rule of thumb is to speak

for no longer than five consecutive minutes on any given topic. (Rule 7.8(e)).

Remain respectful at all times. Address your comments through the Speaker. You may not

question the honor, integrity, motive, or personal characteristics of any Member or non-member.

(Rule 7.8(d)).

You may request formal inclusion on the agenda. This is NOT NECESSARY to give

testimony. This only applies to formally listing yourself as an item on the agenda. Reasons this

may be desirable include wishing to speak on an issue not listed on the agenda or otherwise not

under consideration by the Band Assembly. Your request must be sponsored by a District

Representative and filed with the Clerk at least five (5S) calendar days before the meeting at which

you wish to be included on the agenda. (Rule 9.2).

FOR REMOTE MEETINGS

Mute your microphone. Unless you are seeking recognition from the Speaker or testifying, keep

your microphone muted when participating in a remote session of the Band Assembly.

Ensure that you have a strong Internet connection and are in a quiet location. The Band

Assembly wants to hear your testimony, but that is often more difficult in remote sessions than

when meeting in the Chamber. Unless it is unavoidable, situate yourself in a quiet location in your

home or workplace and double check your Internet connection, microphone, and webcam before

joining the meeting.

Turn on your camera when you testify. Just as the Band Assembly wants to hear your testimony,

they want to see their constituents. This is not required, but if you have a webcam, please turn it

on when you are testifying so the Band Assembly can see you.

FILE THE NEXT PAGE WITH THE CLERK

INSTRUCTIONS

Option A: To testify on a listed agenda item, fill out Section 1 and the signature block. Do not

complete Section 2 or get a signature from a sponsoring District Representative.

Option B: If you wish to be listed on the agenda, fill out Section 2 and the signature block

(including a signature from the sponsoring District Representative). This must be

filed at least five (5) days in advance of the meeting at which you wish to be listed on

the agenda.

Section 1.

On which item on the agenda do you wish to testify?

How much time do you request to testify?

Section 2.

Which District Representative sponsored you?

What is the subject of your testimony?

How much time do you request to testify?

On which day do you wish to be included on the agenda?

BY SIGNING THIS FORM, you certify that you have read the entire Form and shall abide by the

provisions of the Form and the Rules. Filing this Form does not entitle you to testify during the

meeting, nor does it entitle you to the full amount of speaking time requested above. The Speaker,

in his or her discretion, may permit any person who filed the Form with the Clerk to testify

regarding the agenda items listed on the Form and may limit that testimony in his or her judgment.

Filing this Form with the Clerk is required if you wish to testify at the meeting of the Band

Assembly.

Printed Name

Signature Date

DISTRICT REPRESENTATIVE SIGNATURE

(Only Required for Option B)

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.