Titles 1 to 11, see Volume 1 (2024)
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Laws of the
Non-Removable
Mille Lacs Band of
Ojibwe
2024 - 2
Table of Contents
Titles 1 to 11, see Volume 1
***
TITLE 12 – COMMUNITY DEVELOPMENT......................................................................... 1
TITLE 13 – REPEALED............................................................................................................ 55
TITLE 14 – REPEALED............................................................................................................ 55
TITLE 15 – INDEPENDENT AGENCIES .............................................................................. 56
TITLE 16 – CORPORATIONS............................................................................................... 213
TITLE 17 – BANKS AND BANKING .................................................................................... 251
TITLE 18 – COMMERCIAL PRACTICES .......................................................................... 276
TITLE 19 – MOTOR VEHICLES .......................................................................................... 308
TITLE 20 – WATERCRAFT .................................................................................................. 361
TITLE 21 – REAL AND PERSONAL PROPERTY ............................................................. 386
TITLE 22 – TAXATION .......................................................................................................... 437
TITLE 23 – PROHIBITED DRUGS ....................................................................................... 482
TITLE 24 – JUDICIAL PROCEEDINGS.............................................................................. 488
TITLE 25 – REVISOR OF STATUTES................................................................................. 612
TITLE 26 – COMPENSATION OF ELECTED OFFICIALS ............................................. 626
TITLE 27 – EMERGENCY MANAGEMENT ...................................................................... 633
ii
TITLE 12 – COMMUNITY DEVELOPMENT
Chapter
1. Commissioner of Community Development
2. Public Works Commission
3. Capital Improvements Authority
4. Housing Department
5. Native American Veteran Direct Loan Program
Section
1
101
201
301
401
CHAPTER 1
COMMISSIONER OF COMMUNITY DEVELOPMENT
Section
1. Powers and Duties of the Commissioner of Community Development.
2. Term of Office.
§ 1. Powers and Duties of the Commissioner of Community Development.
The Commissioner of Community Development shall have the responsibility to administer,
manage, supervise and coordinate activities for Community Development, Public Works,
Facilities Management, Transportation and the Housing Department of the Mille Lacs Band of
Ojibwe Indians. In carrying out the responsibilities within her or his jurisdiction, the
Commissioner of Community Development shall have the following powers and duties:
(a)
to provide an effective and efficient system of administration to plan, direct and
evaluate the functions of Community Development, Public Works, Facilities
Management Transportation and the Housing Department;
(b)
to provide technical assistance to the Chief Executive, Band Assembly and other
departments of the Mille Lacs Band as requested and to recommend or initiate any
appropriate action as required with respect to such matters;
(c)
to provide information to Band members and other members of the public on
programs and services of the various departments under the jurisdiction of the
Commissioner of Community Development;
(d)
to conduct investigations in order to ensure appropriate resolution of complaints of
Band members as well as the general public and order specific actions when justified
not inconsistent with other applicable law;
(e)
to supervise employees, assign or delegate tasks, define levels of expected
performance, and evaluate the performance of department heads and staff not
inconsistent with other applicable law;
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(f)
to prepare and recommend operating and capital improvement budgets for the Band,
including but not limited to construction and maintenance projects as well as
equipment acquisition and replacement;
(g)
to oversee the Debris Clearance and Restoration portion of an Emergency Operation
Plan and coordinate responsibilities for a Blizzard Emergency Preparedness Plan;
(h)
to develop, oversee and chair Community Development Committees;
(i)
to develop and coordinate a Facilities Management Plan on behalf of the Mille Lacs
Band of Ojibwe, and direct the maintenance of all Band Facilities not inconsistent
with other applicable law;
(j)
to negotiate contracts on behalf of the Mille Lacs Band of Ojibwe and when
authorized to do so by Band Statute to enter into such contracts not otherwise
inconsistent with other applicable law;
(k)
to inspect and ensure the safety of all buildings and facilities within the jurisdiction
of the Mille Lacs Band of Ojibwe and to condemn the same when appropriate;
(l)
To acquire through gift, lease, purchase, in the name of the Band, lands or any
interest in lands deemed suitable for the future interests of the Band;
(m)
to obtain through grant proposals funds that may be available to meet the housing
and community needs of the Band;
(n)
to ensure that all contractors and/or any sub-contractor comply with minimum wage
and maximum hours of labor or any attached conditions as stipulated in any
agreement relating to a federal, state or agency financial assistance housing program;
(o)
to develop a Strategic Housing Plan that meets the Band’s Housing vision and
mission and ensure that the Housing Board approves the same with ratification by
Band Assembly before implementation;
(p)
to develop Housing Policies that meets the Band’s Housing vision and mission and
ensure that the Housing Board approves the same with ratification by Band
Assembly;
(q)
to join or cooperate with any other public housing agency or agencies operating
under the laws or ordinance of a state or another tribe for the purpose of financing,
planning, undertaking, owning, constructing, operating or contracting with respect to
a housing project(s) serving Band Members;
(r)
to lease property from the Band and others, for such periods as are authorized by law,
and to hold and manage or to sublease the same;
2
(s)
to serve Band members through home loans, renovation loans or any new housing
program loan as stipulated by loan agreement; and
(t)
to purchase insurance from any stock or mutual company for any property or against
any risk or hazards.
Historical and Statutory Notes
Source:
Band Ordinance 20-97, § 4.
Band Ordinance 18-04, § 114.
Band Ordinance 61-21, § 4.
§ 2. Term of Office.
The Commissioner of Community Development shall serve a four-year term of office expiring
June 30, 1999 and on this date every four (4) years hence.
Historical and Statutory Notes
Source:
Band Ordinance 20-97, § 5.
Band Ordinance 61-21, § 4.
CHAPTER 2
PUBLIC WORKS COMMISSION
Subchapter
1. General Provisions
2. Bylaws
3. Rules and Regulations
4. Plan of Operation
5. Policies
Section
101
121
141
161
181
SUBCHAPTER 1
GENERAL PROVISIONS
Section
101. Charter.
102. Board of Supervisors.
3
103. Regulation and Maintenance of Utilities.
104. Construction and Operation of Utilities.
105. Licenses and Permits.
106. Bylaws.
107. Public Works Association.
108. Rates, Charges, and Fees.
109. Failure to Submit Payment.
110. Employees.
111. Service Contracts.
112. Obligations.
113. Vesting of Property Upon Dissolution.
114. Uniform System of Records and Accounting.
115. Administrative Regulations.
116. Meetings.
§ 101. Charter.
(a)
A commission to be known as the Mille Lacs Band of Ojibwe Public Works
Commission is hereby chartered within the Executive Branch of Band Government.
The Public Works Commission shall have the powers enumerated within this Chapter
and as expressly delegated by the Band Assembly. The Commission shall be within
the subject matter jurisdiction of the Commissioner of Community Development.
(b)
The Commission shall be a body politic which is an instrumentality of the Mille Lacs
Band of Chippewa Indians with the right to initiate, and defend the Commission in,
any legal action before any court of competent jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., §§ 1, 2.
Band Ordinance 20-97, § 3.
Band Ordinance 61-21, § 4.
§ 102. Board of Supervisors.
(a)
The governing body of the Public Works Commission shall be a five-member
Board of Supervisors, with each member having the title of Supervisor and one
vote at regular and special meetings. The Board shall ensure accurate record
keeping of all meetings and all transcripts thereof. Such records shall be prima
facie evidence of the facts therein stated.
(b)
The Public Works Administrator shall be the Chair of the Board of Supervisors
and ensure the lawful operation of the Commission. The Director of Operations
for Public Works shall also be a member of the Board. The Chief Executive
shall nominate three (3) individuals from the Band membership as Supervisors
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who shall be confirmed by the Band Assembly. The terms of office shall be
perpetual.
(c)
Any Supervisor may be removed from office for just cause as determined by
4 MLBS § 15(g).
(d)
In exercising any powers granted in this chapter, no Supervisor shall be immune
from any liability which arises from the willful, knowledgeable and
unacceptable performance of their duties.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, TI, §§ 1.01-1.03, 2.
Band Ordinance 61-21, § 4.
§ 103. Regulation and Maintenance of Utilities.
The Public Works Commission shall have the power to regulate and maintain Band-owned and
operated utilities. The Commission shall have jurisdiction over any and all matters pertaining to
such utilities.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.
Band Ordinance 61-21, § 4.
§ 104. Construction and Operation of Utilities.
The Commission shall have the power, subject to Band Assembly approval, to construct, own
and operate facilities for the provision of utility services. This authority includes the power to
enter into any and all related contracts and agreements.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.01.
Band Ordinance 61-21, § 4.
§ 105. Licenses and Permits.
The Commission shall have the power to issue licenses and permits in connection with the
operation and maintenance of utility facilities and to establish fees for such licenses or permits.
5
The issuance of a license or permit by the Public Works Commission does not exempt any
person or vendor from any other provisions of the Mille Lacs Band Statutes Annotated requiring
procurement of licenses or permits.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.02.
Band Ordinance 61-21, § 4.
§ 106. Bylaws.
The Commission shall adopt a set of Bylaws, which shall be distributed to the membership of
the Commission. A copy of the Bylaws shall be available for inspection by the membership of
the Association at each office of the Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20. T.I.§ 2.03.
Band Ordinance 61-21, § 4.
§ 107. Public Works Association.
The Commission shall have the power to establish membership in the Mille Lacs Band of
Chippewa Indians-Public Works Association. Each person who resides on trust, allotted or
private property within the jurisdiction of the Band shall enroll in the Association.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.04.
Band Ordinance 61-21, § 4.
§ 108. Rates, Charges, and Fees.
The Commission shall have the power to establish and collect rates, charges and fees for the
services provided by the Commission in the manner prescribed by its Bylaws.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.05.
Band Ordinance 61-21, § 4.
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§ 109. Failure to Submit Payment.
The Commission shall have the power to withhold service from any person who fails to submit
payment for any fee legally established.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.06.
Band Ordinance 61-21, § 4.
§ 110. Employees.
The Commission shall have the power to employ qualified individuals, who shall be employees
of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.07.
Band Ordinance 61-21, § 4.
§ 111. Service Contracts.
The Commission shall have the power to contract in writing with individuals for service to any
utility facility provided sufficient funds for payment for such service exist.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.l, § 2.08.
Band Ordinance 61-21, § 4.
§ 112. Obligations.
(a)
Subject to the limitations set forth in this section, the Commission shall have the
authority to borrow money and incur indebtedness by issuing obligations, in its own
name or in the name of and on behalf of the Mille Lacs Band of Chippewa Indians,
for purposes of acquiring, constructing, maintaining, managing and improving utility
systems on all property within the territorial jurisdiction of the Band consistent with
the purposes of the Commission. Such obligations shall be issued and sold in the
manner, amount and form and shall bear interest at the rate or rates set by the
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Commission. Each such obligation must be approved by the Band Assembly prior to
its issuance.
(b)
All such obligations shall be payable solely:
(1)
from revenues, income, receipts and profits derived by the commission from
its operation and management of utility systems for the Band;
(2)
from the proceeds of evidences of indebtedness issued and sold by the
Commission which are payable solely from such revenues, income, receipts
and profits; or
(3)
from federal or state grants or other money received by the Commission
which are available therefor.
(c)
The Commission may pledge to the repayment of any such obligations, and the
interest coming due thereon, any or all of the sources set forth in subsection (b), but is
without power to pledge or encumber any other revenues, income or assets of the
Mille Lacs Band of Chippewa Indians, or any other organization or instrumentality of
the Band for the repayment of such obligations. The Band Assembly may, if deemed
to be in the best interests of the Band to do so, pledge to the payment of any such
obligations, or authorize any organization or instrumentality of the Band to pledge to
the payment of such obligations, such specific revenues, income or assets of the Band
or such organization or instrumentality as it may deem appropriate. In any event, no
such obligations shall be payable from, nor be a charge upon, any funds other than the
revenues specifically pledged to the payment thereof, nor shall the Band be liable
thereon other than to the extent specifically provided in accordance with this section,
and such limitation shall be expressly stated in each such obligation.
(d)
The Commission, with the approval of the Band Assembly, may provide for the
refunding of any obligation of the Commission through the issuance of other
obligations of the Commission, entitled to rights and priorities similar in all respects
to those held by the obligations that are refunded.
(e)
In connection with the issuance of any obligation pursuant to this section the
Commission is authorized to waive its sovereign immunity from suit should an action
be commenced to enforce the terms of such obligation, and to consent to the
jurisdiction of the courts of the United States of America or the State of Minnesota in
connection with any such action; provided that the Commission is without power to
waive the sovereign immunity of the Mille Lacs Band of Chippewa Indians, to
consent to the jurisdiction of any court over the Band, or to consent to the levy of any
judgment, lien or attachment upon any property or income of the Commission, the
Band or any other organization or instrumentality of the Band other than that
specifically pledged pursuant to subsection (c).
Historical and Statutory Notes
8
Source:
Band Statute 1233-MLC-20, T.I., § 2.09.
Band Ordinance 61-21, § 4.
§ 113. Vesting of Property Upon Dissolution.
Upon dissolution of the Commission, the title to all property owned by it shall vest in and
become the property of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 2.10.
Band Ordinance 61-21, § 4.
§ 114. Uniform System of Records and Accounting.
The Commission shall prescribe to the financial record system established by the Secretary of
Treasury for the Mille Lacs Band of Chippewa Indians.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 3.
Band Ordinance 61-21, § 4.
§ 115. Administrative Regulations.
The Commission shall have the power to make administrative rules and regulations consistent
with those established by the Band Assembly. Enforcement responsibility shall rest with the
Chief Executive of the Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 4.
Band Ordinance 61-21, § 4.
§ 116. Meetings.
The Board of Supervisors of the Commission shall meet monthly with an agenda prepared in
advance by the Public Works Administrator. All proceedings of the Board shall be open to the
public except when an executive session is authorized by unanimous vote of the Board. All
9
proceedings shall be documented in writing and copies distributed to the Chief Executive and
Band Assembly not more than five (5) days following any meeting.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 6.
Band Ordinance 61-21, § 4.
SUBCHAPTER 2
BYLAWS
Section
121. Establishment of Bylaws.
122. Name and Offices.
123. Fiscal Year.
124. Public Works Association Membership.
125. Association Meetings.
126. Management of Commission Affairs.
127. Appointment and Terms of Board.
128. Vice-Chair and Secretary of Board.
129. Compensation of Supervisors.
130. Board Meetings.
131. General Power of Board.
132. Removal of Supervisors from Office.
133. Powers and Duties of Chair.
134. Powers and duties of Vice-Chair; Vacancy in Office of Chair.
135. Powers and Duties of Secretary.
136. Signatures.
137. Accounting System.
138. Rates and Charges for Utility Services.
139. Alteration, Amendment, or Repeal of Bylaws.
140. Sovereign Immunity.
§ 121. Establishment of Bylaws.
The Band Assembly hereby establishes the following Bylaws for the Commission.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.
Band Ordinance 61-21, § 4.
10
§ 122. Name and Offices.
The name of the Commission shall be the Mille Lacs Band of Chippewa Indians-Public Works
Commission. The principal office of the Commission shall be on the Mille Lacs Reservation at
Vineland, Minnesota, Mille Lacs County. The Commission may also have an office at such
other place or places as the Commission may direct or as the operation of the Commission may
require.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.
Band Ordinance 61-21, § 4.
§ 123. Fiscal Year.
The fiscal year of the Commission shall begin on the first day of October and end the last day of
September of each succeeding year.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.02.
Band Ordinance 61-21, § 4.
§ 124. Public Works Association Membership.
All adult members of the Mille Lacs Band who are enrolled on the Minnesota Agency census
roll of the Bureau of Indian Affairs and who reside on trust, allotted or private property within
the jurisdiction of the Band shall be considered voting members of the Public Works
Association. Each member shall be entitled to one (1) vote. Members may, by vote, express a
non-binding preference on any issue within the subject matter jurisdiction of the Commission.
Voting by proxy will not be permitted. The rights, privileges and obligations of all members of
the Association shall be equal. For the purposes of this provision, adult shall mean a Band
member who is 18 years of age or older.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.03.
Band Ordinance 61-21, § 4.
§ 125. Association Meetings.
11
(a)
The annual meeting of the Association shall be held at the Government Center, HCR
67, Vineland, Minnesota, County of Mille Lacs, on the second Thursday of October
of each year. The meeting shall be called for the purpose of receiving the annual
reports of Supervisors and the transaction of other business. This section shall
constitute sufficient notice of the annual meeting.
(b)
Special meetings of the Association may be called at any time by the Chair of the
Board or upon written petition to the Chair signed by 20% of the membership of the
Association. The purpose of every special meeting shall be stated in the notice
thereof, and no business shall be transacted except as is specified in the notice. A
written notice of the special meeting shall be posted in public places at least ten (10)
days prior to the meeting, and shall include the nature, time, place and purpose of the
meeting.
(c)
At least 25 voting members of the Association present at a duly called meeting shall
constitute a quorum for the transaction of Association business. In the event that a
quorum is not present, informational packages shall be mailed to the membership.
(d)
Robert's Rules of Order shall govern at all meetings of the Association. All meetings
of the Association held for the purpose of taking any action within the authority of the
Association shall be open to the public, except that the public or any person may be
excluded from a meeting for unduly interfering with the orderly conduct of business,
in matters relating to personnel, in matters adjudicatory in nature, or in matters
concerning purchases that can be made only from one (1) source.
Historical and Statutory Notes
Source:
Band Statutes 1233-MLC-20, T.I., § 7.04.
Band Ordinance 61-21, § 4.
§ 126. Management of Commission Affairs.
The business and affairs of the Commission shall be managed by a board of five (5) Supervisors.
The powers of the Commission are prescribed in 12 MLBS § 103 et seq.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.l, § 7.05.
Band Ordinance 61-21, § 4.
§ 127. Appointment and Terms of Board.
12
The Board shall be appointed and have such terms as prescribed in 12 MLBS § 102(b).
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, TI, § 7.051.
Band Ordinance 61-21, § 4.
§ 128. Vice-Chair and Secretary of Board.
The Board shall elect by ballot a Vice-Chair and Secretary from the three (3) Supervisors
nominated by the Chief Executive, each of whom shall hold office until appointment and
qualification of their successor, unless sooner removed by resignation or for just cause.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.l, § 7.052.
Band Ordinance 61-21, § 4.
§ 129. Compensation of Supervisors.
The members of the Board shall receive no compensation for their service as Supervisors other
than reimbursement for reasonable travel expenses.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.053.
Band Ordinance 61-21, § 4.
§ 130. Board Meetings.
The Board shall hold meetings at such regular intervals as prescribed by law. A majority of the
Board present in person at the meeting shall constitute a quorum for the conduct of business.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.054.
Band Ordinance 61-21, § 4.
§ 131. General Power of Board.
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The Board shall have the general power to act for the Commission in any manner not prohibited
by this subchapter or the Mille Lacs Band Statutes Annotated.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.055.
Band Ordinance 61-21, § 4.
§ 132. Removal of Supervisors from Office.
Any Supervisor may be removed from office as prescribed in 12 MLBS § 102(c).
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.056.
Band Ordinance 61-21, § 4.
§ 133. Powers and Duties of Chair.
The Chair shall preside over all meetings of the Board of Supervisors and may call special
meetings of the Board. The Chair shall have the power to perform such other duties as may be
required by the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.06.
Band Ordinance 61-21, § 4.
§ 134. Powers and Duties of Vice-Chair; Vacancy in Office of Chair.
The Vice-Chair, in the absence or disability of the Chair, shall perform the duties of the Chair.
However, in case of the resignation or permanent disability of the Chair, the Board may declare
the office vacant and select a successor to fill the position until a new Public Works
Administrator is appointed.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.061.
Band Ordinance 61-21, § 4.
14
§ 135. Powers and Duties of Secretary.
The Secretary shall keep a record of the proceedings of all meetings of the Board. The Secretary
shall serve or cause to be served the Bylaws of the Commission and shall make a full report of
all matters and business pertaining to the office at the annual meeting, or at such other time or
times as the Board may require. At the annual meeting, the Secretary shall submit a complete
accounting for the past year and shall discharge such other duties as required by the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.062.
Band Ordinance 61-21, § 4.
§ 136. Signatures.
The signatures of both the Chair and Secretary shall be required in order to bind the Commission
for any lawful action taken by the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.063.
Band Ordinance 61-21, § 4.
§ 137. Accounting System.
(a)
An accounting system shall be established as prescribed by 12 MLBS § 114, and
include the implementation of Uniform Administrative Requirements at 2 C.F.R. pt.
200.
(b)
If the Commission shall at any time receive by way of grant any property of
any Federal, State, Tribal or private agencies, the Board shall use the uniform
system of records and accounting as prescribed in 12 MLBS § 114.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., §§ 7.055, 7.07.
Band Ordinance 61-21, § 4.
Band Act 66-23.
§ 138. Rates and Charges for Utility Services.
15
All rates and charges for utility services shall be established by the Board of Supervisors. The
Board may negotiate with large users of a particular utility service for special rates and charges
provided that such rates are fair and equitable to all other users of Commission services. The
Board shall review the established rate schedule of charges at least annually to ensure that
sufficient income will be generated in the coming year to cover anticipated expenses. This
determination shall be based on the previous year's actual expenses and the estimated budget for
the coming year.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.08.
Band Ordinance 61-21, § 4.
§ 139. Alteration, Amendment or Repeal of Bylaws.
These Bylaws may be altered, amended or repealed. Any Bylaws that are altered, amended or
repealed must be presented to the Band Assembly for ratification. New Bylaws may be adopted
by a majority vote of the Board of Supervisors present at any regular or special meeting of the
Board called for that specific purpose.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.09.
Band Ordinance 61-21, § 4.
§ 140. Sovereign Immunity.
Nothing in these Bylaws shall be construed as a waiver of the sovereign immunity of the Mille
Lacs Band of Chippewa Indians in any court of competent jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 7.10.
Band Ordinance 61-21, § 4.
SUBCHAPTER 3
RULES AND REGULATIONS
Section
16
141. Compliance with Bylaws.
142. Application for Service.
143. Water Service Generally.
144. Multiple Water Services.
145. Transfer of Water Prohibited.
146. Connection with Private Water System; Inspection.
147. Extension of Main and Service Lines.
148. Maintenance of Water Lines.
149. Maintenance of Sewer System; Liability for Property Damage.
150. Sewer Service Charge.
151. Billing for Water and Sewer Services.
§ 141. Compliance with Bylaws.
The Rules and Regulations in this subchapter are issued in compliance with the Bylaws of the
Commission and are designed to govern the supplying and receiving of services rendered by the
Commission. They are subject to change from time to time. If a provision of the Rules and
Regulations should conflict with a provision of the Bylaws, the Bylaws shall prevail.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.
Band Ordinance 61-21, § 4.
§ 142. Application for Service.
Application for service shall be made as provided by the Board of Supervisors. Upon review and
approval of the application by the Board, a membership certificate shall be issued and service
provided. The Board may enter into special service contracts in cases where the applicant has
unusual service requirements.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.
Band Ordinance 61-21, § 4.
§ 143. Water Service Generally.
Water service shall consist of facilities to supply water at the normal operating pressure of the
system to one (1) residence or place of business. Water service shall be considered available
when the Commission maintains the water supply at the normal pressure at the point of delivery
in readiness for the member's use, regardless of whether or not the member made use of it, and
charges shall be made for service as of this date.
17
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.01.
Band Ordinance 61-21, § 4.
§ 144. Multiple Water Services.
One member may have more than one (1) water service pursuant to rules established by the
Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.011.
Band Ordinance 61-21, § 4.
§ 145. Transfer of Water Prohibited.
Water service is for the sole use of the member and the member's agents or tenants at the
location where it is provided, and the transfer of water by any means to another dwelling or
place of business is prohibited. With the exception of emergency conditions, the sharing or
reselling of water is grounds for disconnection of water service by the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.011.
Band Ordinance 61-21, § 4.
§ 146. Connection with Private Water System; Inspection.
There shall be no physical connection between any private water system and the water service
provided by the Commission. The Commission shall have the right, at all reasonable hours, to
enter upon member's premises for the purpose of inspection and enforcement of this provision.
Violation of this provision is cause for disconnection of a member's water service by the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.012.
Band Ordinance 61-21, § 4.
18
§ 147. Extension of Main and Service Lines.
Main and service lines laid beyond the member's existing water system must be installed to the
Commission's specifications and be paid for by the individual installing such lines.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.013.
Band Ordinance 61-21, § 4.
§ 148. Maintenance of Water Lines.
It is the responsibility of the Commission to maintain the water lines up to the curb stop, or if
none, up to within five (5) feet of the building. The building is the owner's responsibility, except
for buildings that are being rented from the Housing Authority or the Mille Lacs Band.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.014.
Band Ordinance 61-21, § 4.
§ 149. Maintenance of Sewer System; Liability for Property Damage.
The collection system and treatment facilities utilized in any sewer service provided by the
Commission shall be maintained in good repair and operating order at all times, if possible. The
Commission shall not be responsible for damage to members' property due to damage or
malfunction of the facilities due to causes beyond its control.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.02.
Band Ordinance 61-21, § 4.
§ 150. Sewer Service Charge.
All members are subject to a sewer service charge as soon as sewer service is available at the
point of delivery in readiness for the member's use, regardless of whether or not the member
made use of it.
Historical and Statutory Notes
Source:
19
Band Statute 1233-MLC-20, T.I., § 8.03.
Band Ordinance 61-21, § 4.
§ 151. Billing for Water and Sewer Services.
Members shall be billed monthly for water and sewer services based upon approved rate
schedules. Billing for water and sewer services shall be as provided for in 12 MLBS §§ 181,
182.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 8.04.
Band Ordinance 61-21, § 4.
SUBCHAPTER 4
PLAN OF OPERATION
Section
161. Operating Guidelines.
162. Purpose of Commission.
163. Address of Commission.
164. Responsibilities of Commission.
165. Maintenance Services.
166. Amendment of Plan of Operation.
§ 161. Operating Guidelines.
The Plan of Operation and any amendments thereto shall serve as the operating guidelines for
the Commission. The General Policies of the Plan of Operation are established as provided in
this subchapter.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.
Band Ordinance 61-21, § 4.
§ 162. Purpose of Commission.
The purpose of the Commission shall be to acquire, construct, manage, operate and maintain
utility systems for the Mille Lacs Band of Chippewa Indians.
20
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.01.
Band Ordinance 61-21, § 4.
§ 163. Address of Commission.
The Commission shall maintain an office in Vineland, Minnesota. Its address shall be: Public
Works Commission, Mille Lacs Band of Chippewa Indians, HCR 67, Box 194, Onamia,
Minnesota 56359.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.02.
Band Ordinance 61-21, § 4.
§ 164. Responsibilities of Commission.
(a)
(b)
(1)
The Commission is responsible for providing safe, adequate water for a fee to
those buildings connected to the mainlines of the community water system.
Responsibility for maintenance will include water sources, storage tanks,
controls, mainlines, valves and hydrants, and service lines up to the curb
stops, or if none; up to within five (5) feet of the building.
(2)
The Commission is responsible for providing sanitary disposal of domestic
waste for a fee to those buildings connected to the mainlines of Band sewage
systems. Responsibility for maintenance will include treatment facilities,
pumping stations, mainlines and manholes, and service lines to the property
lines only.
(3)
The remainder of the sewer and water service lines and interior building
plumbing shall be the responsibility of the member, excluding buildings
rented from the Housing Authority or the Band, which are the responsibility
of the appropriate entity.
To ensure the provision of adequate water and sewage service to its members, the
Commission shall retain qualified personnel on duty or on call at all times. The
Commission shall respond in a timely manner to breakdowns and other emergencies.
21
(c)
Services for individual septic tank systems may be available at the Commission's
discretion in areas within the territorial jurisdiction of the Commission. The
Commission may elect to provide for the pumping of individual septic tanks for a fee.
The Commission shall have no responsibility for this service except in instances of
such elective pumping. The Commission cannot guarantee the operation of
improperly designed, constructed or operated septic tank systems.
(d)
The Commission may elect, as resources permit, to perform certain plumbing repairs
or new installations for a fee in those buildings served by one (1) of the Commission's
systems.
(e)
Private wells are the responsibility of the individual property owner, and the
Commission cannot guarantee the operation of improperly designed, constructed or
operated well systems or their water quality.
(f)
The Commission may, in its discretion, agree to perform construction, operation or
maintenance services under contract with tribal, governmental, or private bodies.
(g)
In its discretion, the Commission may assume responsibility to provide other utility
services and adopt regulations governing the provision of such other services.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.03.
Band Ordinance 61-21, § 4.
§ 165. Maintenance Services.
The Commission shall develop and follow a regular schedule of maintenance services for each
water and sewage system under its control. These services shall include, but not be limited to,
the following:
(a)
Inspect and operate valves and hydrants, inspect and repair water mains for leaks or
damage, flush water lines, inspect storage tanks and level indicators, and adjust and
service controls; and
(b)
Flush sewer mains, remove debris from manholes, control weeds and erosion at
lagoons inspect and service lift station and mechanical aerators, and, where the
responsibility has been assumed by the Commission, inspect individual septic tanks.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.04.
Band Ordinance 61-21, § 4.
22
§ 166. Amendment of Plan of Operation.
The Plan of Operation may be amended by a simple majority of Supervisors in attendance at a
meeting called for that purpose and the subsequent approval of the Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 9.05.
Band Ordinance 61-21, § 4.
SUBCHAPTER 5
POLICIES
Section
181. Billing and Payment Policy.
182. Billing and Collection Policies.
183. Enforcement Policies.
184. Bookkeeping and Handling of Funds Policies.
185. Management Policies.
186. Public Service.
§ 181. Billing and Payment Policy.
(a)
Billing for water and sewage services shall be done jointly. In instances where a
member receives only one (1) service, the member shall only be billed for that
service. Each bill shall be based upon the usage of water and sewage services under
an applicable rate schedule. The schedule shall provide for a minimum monthly
service charge, regardless of usage, in addition to rates for water and sewage services
in excess of the minimum monthly service charge.
(b)
Bills shall be sent to members by the sixth business day of each month for services
rendered the previous month, and shall be due and payable at the location indicated
on the face of the bill ten (10) days thereafter. Unpaid bills shall become delinquent
five (5) days after the due date. The Commission shall then have three (3) days in
which to notify the member, either personally or by certified mail, that they are
delinquent and subject to a penalty and disconnection of water and sewage service
unless their account is paid in full. The member shall have two (2) days after the
mailing of notice or personal notification to pay the bill in full without penalty.
Thereafter, the Commission may impose a $25.00 penalty, in addition to any other
amounts due or chargeable, and may disconnect services at the member's expense.
23
(c)
Bills not paid by the due date shall be subject to a 15% late charge on the unpaid
balance in addition to any other service charges or penalties.
(d)
A minimum reconnection fee of $25.00 shall be charged for disconnected service.
However, should the actual cost of reconnection exceed $25.00, the member shall be
charged the actual cost. Any service which has been disconnected, whether due to
delinquency or any other reason, shall be reconnected only upon payment of any past
due amount and the reconnection fee.
(e)
Partial payments may be accepted, but shall not relieve the member of the
responsibility for paying bills by their due date, nor does it extend the due or
delinquent date.
(f)
Advance payments may be accepted and credited to the member's account monthly
until exhausted.
(g)
All returned checks shall result in a delinquent account, if the check is not redeemed
by the due date stated on the applicable bill. In the event that a returned check is not
redeemed by the due date, the delinquent account procedures listed in subsection (b)
shall apply.
(h)
All members who issue a dishonored check shall be charged a fee of $15.00 to
reimburse the additional administrative expenses associated with ensuring payment
on these items.
(i)
The minimum monthly service charge shall be increased from $6.00 to $8.00 for
combined water and sewage services. In the event that a member only receives one
(1) service, the member shall only be assessed half the minimum monthly service
charge.
(1)
Notwithstanding any provision of this section to the contrary, members who
have attained the age of 55 or who qualify for services from the Elderly
Nutrition Program, irrespective of age, shall be exempt from any increase in
the minimum monthly service charge above the amount assessed as of January
1, 1985.
(2)
Notwithstanding any provision of this chapter to the contrary, members who
have attained the age of 55 or who qualify for services from the Elderly
Nutrition Program shall be exempt from the payment of all service fees if they
have a gross monthly income of less than $300.00. Verification of income
shall be certified by the Contracting Officer of the Food Commodity Program
or provided by the member seeking this exemption.
Historical and Statutory Notes
Source:
24
Band Statute 1233-MLC-20, T.I., § 10.
Band Ordinance 61-21, § 4.
§ 182. Billing and Collection Policies.
Billing and collection policies shall be as follows:
(a)
the Commission shall maintain a complete and up-to-date record of all members
served by those systems operated by the Commission. Additions and deletions to the
records shall be made as soon as the Commission learns of the changes;
(b)
the Commission shall ensure that each member is billed for services in accordance
with 12 MLBS § 181 and this Section;
(c)
members may make payments by cash or check or money order, payable to the
Commission, by mailing payments to the Commission's office at the Mille Lacs
Government Center or personally delivering payments thereto. Members shall receive
a receipt for payments personally made at the Government Center;
(d)
members who live in buildings managed by the Housing Authority or other tribal
enterprises shall include monthly water and sewage payments along with their rent or
house payment. The agency collecting the payments shall then pay the Commission
for services to all of its housing occupants. The agency shall receive a receipt for this
payment; and
(e)
members requesting a new service, reconnection, plumbing repairs, or pumping of a
septic tank shall make arrangements with the Director of Operations for Public Works
for payment prior to receiving the services. Normally, such charges shall be due on
the next month's bill.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.09.
Band Ordinance 61-21, § 4.
§ 183. Enforcement Policies.
Enforcement policies shall be as follows:
(a)
the Commission is hereby authorized to collect fees for services and to disconnect
services for nonpayment; and
(b)
the Commission shall enforce its regulations and fee collections by disconnecting
services to any and all violators and delinquent members. The Commission shall not
25
seek to attach members' property nor to have fines assessed by the Court of Central
Jurisdiction, except in cases of blatant or continued abuse or destruction of property.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.10.
Band Ordinance 61-21, § 4.
§ 184. Bookkeeping and Handling of Funds Policies.
Bookkeeping and handling of funds policies shall be as follows:
(a)
the Commission shall follow the established Band procedures for bookkeeping and
banking. This will allow the convenient handling of Commission funds through the
bank accounts of the Band, while also providing a separate accounting of the funds.
The Public Works Administrator shall make a monthly accounting of the
Commission's funds available to the Board;
(b)
actual handling of the Commission's funds shall be performed by the Band's Secretary
of Treasury; and
(c)
all accounts and ledgers of the Commission shall be available for audit at any time by
any auditor appointed by the Secretary of Treasury.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.11.
Band Ordinance 61-21, § 4.
§ 185. Management Policies.
Management policies shall be as follows:
(a)
the Board may establish overall program objectives which shall be implemented by
the Public Works Administrator;
(b)
the Public Works Administrator shall manage the daily operations of the
Commission. The Public Works Administrator shall have responsibility to direct the
work of all employees of the Commission and shall establish a direct chain of
command for orderly functioning of the office and operation and maintenance of all
utility systems;
(c)
job descriptions for all employees shall be developed and followed; and
26
(d)
employees of the Commission shall receive wages and benefits comparable to other
employees of the Band. Employees shall have the right of appeal pursuant to the
Band's personnel policies should any employment-related dispute not be resolved to
their satisfaction by the Public Works Administrator or the Board.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.12.
Band Ordinance 61-21, § 4.
§ 186. Public Service.
The Commission is created in order to serve the people of the Mille Lacs Band. Yearly meetings
of the Board of Supervisors shall be open to the public, except as provided elsewhere in this
Chapter. Members with particular problems or complaints shall request inclusion on the agenda
of the next Board meeting.
Historical and Statutory Notes
Source:
Band Statute 1233-MLC-20, T.I., § 10.13.
Band Ordinance 61-21, § 4.
CHAPTER 3
CAPITAL IMPROVEMENTS AUTHORITY
Section
201. Establishment.
202. Board of Commissioners.
203. Removal of Board Members.
204. Compensation.
205. Quorum.
206. Records of Board Meetings and Actions.
207. Financial Records and Reports.
208. Meetings.
209. Enumerated Powers.
210. Borrowing.
211. Sovereign Immunity.
212. Assets and Liabilities of the Authority.
27
§ 201. Establishment.
The Mille Lacs Capital Improvements Authority of the Mille Lacs Band of Chippewa Indians is
established as an instrumentality of the Executive Branch of Tribal Government with these
powers expressly delegated by the Band Assembly. The Capital Improvements Authority of the
Mille Lacs Band of Chippewa Indians is established to acquire, construct, finance, operate and
maintain such public improvements of the Band as may from time to time be designated by the
Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 1.
Band Ordinance 61-21, § 4.
§ 202. Board of Commissioners.
(a)
The affairs of the Capital Improvements Authority shall be managed by a Board of
Commissioners comprised of five (5) persons. The Board members shall be
nominated by the Chief Executive and ratified by the Band Assembly.
(b)
The Chief Executive shall select three (3) among the Board members who shall serve
a four-year term, and two (2) who shall serve a two-year term. Subsequent
appointments after these terms expire shall run for four (4) years.
(c)
At least one (1) member of the Board shall be a Band member residing in District 1;
at least one (1) member of the Board shall be a Band member residing in District 2; at
least one (1) member of the Board shall be a Band member residing in District 3.
Each member shall hold office until a successor has been nominated and ratified.
(d)
The Chief Executive shall name one (1) of the Board members as Chair of the Board.
The Board shall select from among its own members a Vice Chair, a Secretary and a
Treasurer, and any member may hold two (2) of these positions. In the absence of the
Chair, the Vice-Chair shall preside, and in the absence of both the Chair and the ViceChair, the Secretary shall preside.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.
Band Ordinance 61-21, § 4.
§ 203. Removal of Board Members.
28
A member of the Board may be removed from office for just cause as defined by 4 MLBS §
15(g).
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.03.
Band Ordinance 61-21, § 4.
§ 204. Compensation.
The Board members shall not receive compensation for their services but shall be entitled to
reasonable reimbursement for their expenses, including travel expenses, incurred in the discharge
of their duties.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.04.
Band Ordinance 61-21, § 4.
§ 205. Quorum.
A majority of the full Board shall constitute a quorum for the transaction of business, but no
Board action shall be taken by a vote of less than a majority of the full Board.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.05.
Band Ordinance 61-21, § 4.
§ 206. Records of Board Meetings and Actions.
The Secretary shall keep full and accurate records of all meetings and actions taken by the
Board. Records kept in accordance with this section shall be prima facie evidence of the
information contained therein before any court of competent jurisdiction.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.06.
Band Ordinance 61-21, § 4.
29
§ 207. Financial Records and Reports.
The Treasurer shall keep full and accurate financial records, make periodic reports to the Board,
and submit a complete annual report in written form to the Band Assembly.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.07.
Band Ordinance 61-21, § 4.
§ 208. Meetings.
Meetings of the Board shall be held as deemed appropriate with an agenda prepared in advance
by the Chair. All proceedings of the Board shall be open to the public except when an executive
session is authorized by unanimous vote of the Board. All proceedings shall be documented in
writing and copies distributed to the Chief Executive and Band Assembly not more than five (5)
days following each meeting. Meetings may be held upon 24 hours actual notice.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 2.08.
Band Ordinance 61-21, § 4.
§ 209. Enumerated Powers.
The Capital Improvements Authority shall have the following specifically enumerated powers:
(a)
to adopt and use an official seal;
(b)
subject to Band Assembly approval, to enter any contracts or agreements with any
governmental agency, Federal, State, local or tribal, or with any person, partnership,
corporation or Indian tribe; and to agree to any conditions attached to Federal or State
financial assistance;
(c)
to lease property from the Band and others for such periods and to hold and manage
or to sublease the same;
(d)
to borrow or lend money, to guarantee the obligations of other tribal entities of the
Band, and to issue evidences of indebtedness in accordance with 12 MLBS § 210;
(e)
subject to Band Assembly approval, to pledge the assets and receipts of the Authority
as security for debts;
30
(f)
subject to Band Assembly approval, to acquire, construct, sell, lease as lessor or
lessee, exchange, transfer or assign real or personal property or interests therein;
(g)
to purchase land or interests in land or take the same by gift, and to lease land or
interests in land to the extent provided by law;
(h)
to prudently invest such funds as are not required for immediate disbursement;
(i)
to establish and maintain such bank accounts as may be necessary or convenient;
(j)
to employ such officers and employees, permanent or temporary, as the Authority
may require, and to delegate to such officers and employees such powers and duties
as the Board deems proper;
(k)
to adopt bylaws which shall be submitted to the Band Assembly for approval; and
(l)
to take such further actions as are necessary to carry out the purposes as described in
12 MLBS § 201.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 3.
Band Ordinance 61-21, § 4.
§ 210. Borrowing.
(a)
Subject to the limitations set forth in this Section, the Authority shall have the power
to borrow money and incur indebtedness, or to guarantee the indebtedness of another
agency, instrumentality or entity of the Band, by issuing its obligations, in its own
name or in the name of and on behalf of the Mille Lacs Band of Chippewa Indians,
for purposes of acquiring, constructing, maintaining, managing and improving any
public improvements within the territorial jurisdiction of the Band consistent with the
purposes of the Authority. Such obligations shall be issued and sold in such manner
and shall be in the amount and form and bear interest at the rate or rates set by the
Authority. Each obligation must be approved by the Band Assembly prior to its
issuance.
(b)
(1)
All obligations incurred under this Section shall be payable solely:
(i)
from revenues, income, receipts and profits derived by the Authority
from projects operated by it whether or not the projects were financed
in whole or in part with the proceeds of such obligations;
31
(2)
(ii)
from all or any part of the revenues of any business conducted by the
Corporate Commission and allocated to the Authority by the Band
Assembly;
(iii)
from the proceeds of evidences of indebtedness issued and sold by the
Authority which are payable solely from any of such revenues,
income, receipts and profits; or
(iv)
from federal or state grants or other money received by the Authority
which are available therefor.
The Authority may further secure these obligations with any assets of the
Authority as the Authority may specifically pledge to the payment of the
obligations.
(c)
The Authority may pledge to the repayment of any such obligations and the interest
coming due thereon any or all of the sources set forth in subsection (b), but is without
power to pledge or encumber any other revenues, income or assets of the Mille Lacs
Band of Chippewa Indians, or any other organization or instrumentality of the Band
to the repayment of such obligations. The Band Assembly may, if it deems it to be in
the best interests of the Band to do so, pledge to the payment of any such obligations,
or authorize any organization or instrumentality of the Band to pledge to the payment
of such obligations, any specific revenues, income or assets of the Band or any
organization or instrumentality of the Band as it may deem appropriate. In any event,
no such obligations shall be payable from, nor be a charge upon, any funds other than
the revenues specifically pledged to the payment thereof, nor shall the Band be liable
thereon other than to the extent specifically provided in accordance with this section.
These limitations shall be expressly stated in each obligation issued pursuant to this
section.
(d)
The Authority, with the approval of the Band Assembly, may provide for the
refunding of any obligation of the Authority through the issuance of other obligations
of the Authority, entitled to rights and priorities similar in all respects to those held by
the obligations that are refunded.
(e)
In connection with the issuance of any such obligation, the Authority is authorized to
waive its sovereign immunity from suit should an action be commenced to enforce
the terms of the obligation, and to consent to the jurisdiction of the courts of the
United States of America or the State of Minnesota in connection with any such
action; provided that the Authority is without power to waive the sovereign immunity
of the Mille Lacs Band of Chippewa Indians, to consent to the jurisdiction of any
court over the Band, or to consent to the levy of any judgment, lien or attachment
upon any property or income of the Authority, the Band or any other organization or
instrumentality of the Band other than that specifically pledged pursuant to
subsection (c).
32
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 4.
Band Ordinance 61-21, § 4.
§ 211. Sovereign Immunity.
(a)
As an instrumentality of the Mille Lacs Band of Chippewa Indians, the Authority
shall be clothed by federal and tribal law with all the privileges and immunities of the
Band, except as specifically limited by this chapter, including sovereign immunity
from suit in any state, federal or tribal court. Nothing contained in this chapter shall
be deemed or construed to be a waiver of sovereign immunity by the Authority from
suit, which may be waived only in accordance with this chapter.
(b)
Sovereign immunity of the Authority may be waived only by formal resolution of the
Board of Commissioners.
(c)
(1)
(2)
Waivers of sovereign immunity are disfavored and shall be granted only when
necessary to secure a substantial advantage or benefit to the Authority. Any
waiver of sovereign immunity shall be specific and limited as to:
(i)
duration;
(ii)
the grantee;
(iii)
the particular transaction;
(iv)
definite property or funds, if any, of the Authority;
(v)
a particular court having jurisdiction pursuant thereto; and
(vi)
the law that shall be applicable thereto.
Any express waiver of sovereign immunity by resolution of the Board shall
not be deemed a waiver of the sovereign immunity of the Mille Lacs Band of
Chippewa Indians, a consent to the jurisdiction of any court over the Band, or
a consent to the levy of any judgment, lien or attachment upon any property or
income of the Authority, the Band or any other organization or instrumentality
of the Band other than that specifically pledged or assigned.
Historical and Statutory Notes
Source:
33
Band Statute 1234-MLC-53, § 5.
Band Ordinance 61-21, § 4.
§ 212. Assets and Liabilities of the Authority.
(a)
The Authority shall have only those assets specifically assigned to it by the Band or
acquired in its name by the Band or the Authority on its own behalf. Nothing in this
Chapter nor any activity of the Authority shall implicate or in any way involve the
credit or assets of the Band or obligate the Band for the obligations of this Authority
except for any liability or obligation specifically assumed in writing.
(b)
The property of the Authority is declared to be public property used for essential
public and governmental purposes and such property and the Authority are exempt
from all taxes and special assessments of the Band Assembly or the Band. However,
for construction projects, nothing in this section shall prevent the Band from
collecting the general sales tax contained in 22 MLBS § 502, or the public service
occupations tax contained in 22 MLBS § 601.
(c)
All property of the Authority, including funds acquired or held by the Authority
pursuant to this chapter, shall be exempt from levy and sale by virtue of an execution,
and no execution or other judicial powers shall issue against the same nor shall any
judgment against the Authority be a charge or lien upon such property. The
provisions of this section shall not apply to or limit the right of a secured party to
pursue any remedies for the enforcement of any pledge or lien given by the Authority
on its revenues or properties.
(d)
Upon dissolution of the Authority, the title to all property owned by it shall vest in
and become the property of the Band.
Historical and Statutory Notes
Source:
Band Statute 1234-MLC-53, § 6.
Band Ordinance 61-21, § 4.
CHAPTER 4
HOUSING DEPARTMENT
Section
301. Purpose and Findings.
302. Definitions.
303. Housing Department.
304. Executive Director.
34
305. Housing Board.
306. Board Member Selection Process.
307. Process to Fill Vacant Board Positions.
308. Officers.
309. Meetings.
310. Quorum.
311. Removal of Board Members.
312. Housing Board Bylaws.
313. Transfer of Ownership Interests.
§ 301. Purposes and Findings.
(a)
There are currently a duplication of housing programs and services available to Band
members and the Band Assembly recognizes a need to coordinate the housing
programs to maximize the resources of the Band.
(b)
To eliminate the duplication of housing programs, a new structure known as the
“Housing Department” will be administered under the direction of the Commissioner
of Community Development.
(c)
To assist the Commissioner of Community Development with the scope of this task,
there is a need to create a new position known as the “Executive Director of the
Housing Department.” The Executive Director will be responsible for the daily
administration of the Housing Department’s programs and services. The Executive
Director shall report directly to the Commissioner of Community Development.
(d)
To accommodate the new housing structure, a newly created Housing Board will
work in partnership with the Commissioner of Community Development and the
Executive Director to ensure that long-term housing needs are clearly identified
through the implementation of Strategic Planning.
(e)
The Band Assembly also recognizes that a new process must be established to
continually assess and manage the housing needs as the demographics of the Band
change.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, §§ 101.2-6.
Band Ordinance 61-21, § 4.
§ 302. Definitions.
(a)
“Band” means the Mille Lacs Band of Ojibwe Indians.
35
(b)
“Band Assembly” means the legislative branch of the Mille Lacs Band of Ojibwe
Indians.
(c)
“Band Member” means an enrolled person of the Mille Lacs Band of Ojibwe
Indians.
(d)
“Executive Director” means the person responsible for the daily administration of
the Housing Department who shall report directly to the Commissioner of
Community Development.
“Commissioner of Community Development” means an appointed official of the
Executive Branch who is responsible for the administration, management,
supervision and coordination activities for Community Development, Public Works,
Facilities Management, Transportation and the Housing Department.
(e)
(f)
“Housing Board” means the advisory board that works in partnership with the
Commissioner of Community Development and the Executive Director of the
Housing Department.
(g)
“Housing Department” means the structure created by statute to be responsible for
new construction, renovations, residential land acquisition, residential services,
maintenance, the Home Loan program and transitional housing.
(h)
“Misconduct” means a dereliction of duty, unlawful behavior, misdeed, impropriety,
mismanagement, unfair treatment, or conduct that shows willful or wanton disregard
of any Band member’s right to housing.
(i)
“Service Area” means the area designated to receive housing services as enacted in
Band Assembly Bill 10-04-40-03 or as otherwise amended by the Band Assembly.
(j)
“Strategic Housing Plan” means the housing plan developed by the Commissioner
of Community Development including but not limited to goals and objectives and an
overview of the planned activities for the period.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 102.
Band Ordinance 61-21, § 4.
§ 303. Housing Department.
(a)
A new structure known as the Housing Department is hereby established to
administer the Mille Lacs Band of Ojibwe Indians housing programs and services.
(b)
The Housing Department shall be under the supervision of the Commissioner of
Community Development.
36
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 103.
Band Ordinance 61-21, § 4.
§ 304. Executive Director.
A position known as the Executive Director of the Housing Department is hereby created. This
position shall be responsible for the daily administration of housing programs and services to
Band members. The Executive Director shall report directly to the Commissioner of Community
Development.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 104.
Band Ordinance 61-21, § 4.
§ 305. Housing Board.
(a)
No more than 90 days after passage of this Chapter, a newly formed Housing Board
shall be created to act in an advisory capacity to assist the Housing Department and
Commissioner of Community Development with housing matters and such Board
shall have those powers as delegated in sub-section (b) of this section.
(b)
Powers and Duties.
(1)
To advise the Commissioner of Community Development and make
recommendations on various housing matters relating to the Band’s Housing
vision and mission.
(2)
To acknowledge Band members‟ housing needs and communicate concerns
to the Executive Director of the Housing Department.
(3)
To approve an annual Strategic Housing Plan with ratification by the Band
Assembly.
(4)
To ensure that the Housing Policies conform to the Band’s Housing vision
and mission and that Community Development and the Housing Department
comply with the Housing Policies.
(5)
To maintain a fair and equitable service level to all Band members.
37
(6)
To approve home loans, renovation loans or other housing program loans that
may be developed by the Housing Department.
(7)
To approve foreclosures in circumstances where a mortgagor defaults on their
housing loan for a period of more than six (6) months.
(8)
To approve new Housing programs and Housing Policies developed by the
Housing Department with ratification by the Band Assembly.
(9)
To approve Housing Meeting Minutes from the previous meeting and forward
a copy to Band Assembly within ten (10) business days.
(10)
To approve any housing grants if such regulations require it.
(11)
To approve the quarterly reports developed by the Commissioner of
Community Development and the Housing Department.
(12)
To maintain confidentiality of all housing client matters.
(13)
To treat all Band members fairly and equally without regard to family
relationships.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 105.
Band Ordinance 61-21, § 4.
§ 306. Board Member Selection Process.
(a)
This section establishes the rules for selection of Housing Board members, the
number of Board members to be appointed and the term length of each Board
member. The rules are as follows:
(1)
The Housing Board is hereby organized and designated as a subdivision of
the Housing Department of the Mille Lacs Band of Ojibwe Indians.
(2)
The Housing Board shall be composed of seven (7) persons.
(3)
Each Housing Board member must be an enrolled Band member of the Mille
Lacs Band of Ojibwe Indians and at least 18 years of age.
(4)
No person shall be barred from serving on the Board because he or she is a
tenant or homebuyer. However, such Board member shall not participate in or
be present at any portion of a meeting concerning any matter that involves her
or his individual rights, obligations or status as a tenant or homebuyer.
38
(5)
The Chief Executive shall select two (2) individuals and the Speaker of the
Assembly shall nominate one (1) of the two (2) to the Band Assembly for
confirmation to the Housing Board. This Housing Board member shall serve
until June 30, 2007. Thereafter, this position shall be eligible for appointment
to a four (4) year term beginning on June 30, 2007.
(6)
The Speaker of the Assembly shall select two (2) Elders and the Chief
Executive shall nominate one (1) of the two (2) to the Band Assembly for
confirmation to the Housing Board. This Housing Board member shall serve
until June 30, 2006. Thereafter, this position shall be eligible for appointment
to a four (4) year term beginning on June 30, 2006.
(7)
The District I Representative shall select two (2) individuals and the Chief
Executive shall nominate one (1) of the two (2) to the Band Assembly for
confirmation to the Housing Board. This Board Member shall serve until June
30, 2007. Thereafter, this position shall be eligible for appointment to a four
(4) year term beginning on June 30, 2007.
(8)
The District II Representative shall select two (2) individuals and the Chief
Executive shall nominate one (1) of the two (2) to the Band Assembly for
confirmation to the Housing Board. This Board Member shall serve until June
30, 2006. Thereafter, this position shall be eligible for appointment to a four
(4) year term beginning on June 30, 2006.
(9)
The District III Representative shall select two (2) individuals and the Chief
Executive shall nominate one (1) of the two (2) to the Band Assembly for
confirmation to the Housing Board. This Board Member shall serve until June
30, 2006. Thereafter, this position shall be eligible for appointment to a four
(4) year term beginning on June 30, 2006.
(10)
The Chief Executive and the Speaker of the Assembly shall each select two
(2) persons from the at Large area and the Band Assembly shall confirm two
(2) of the four (4) for appointment to the Housing Board. These Board
members shall serve until June 30, 2005. Thereafter, these positions shall be
eligible for appointment to a four (4) year term beginning on June 30, 2005.
(b)
The nomination process established in this subsection shall apply to all future
nominees who hold this position.
(c)
If, for any reason, an elected official does not nominate a person in the manner set
out hereinabove, that position shall be filled by nomination by the Chief Executive
and Speaker of the Assembly. The Chief Executive and Speaker of the Assembly
shall each nominate one (1) person from the pool where the vacancy occurs and the
Band Assembly shall confirm one (1) person.
39
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 106.
Band Ordinance 27-04, § 106.
Band Ordinance 61-21, § 4.
§ 307. Process to Fill Vacant Board Positions.
(a)
If, for any reason, a Board position becomes vacant, the elected official that
originally nominated that person shall nominate a new person in the same manner to
replace the vacant position for the remainder of that term. Thereafter, this position
shall be filled in the manner set out above.
(b)
If, for any reason, the elected official does not nominate a person within 30 days of
the vacancy, that position shall be filled by nomination by the Chief Executive and
Speaker of the Assembly. The Chief Executive and Speaker of the Assembly shall
each nominate one (1) person from the pool where the vacancy occurs and the Band
Assembly shall confirm one (1) person.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 107.
Band Ordinance 61-21, § 4.
§ 308. Officers.
(a)
The Housing Board shall select from its members one (1) person to serve as
Chairperson of the Board, one (1) person to serve as Vice-Chairperson, and one (1)
person to serve as Secretary. In the absence of the Chairperson, the Vice-Chairperson
shall preside over the meeting. In the absence of the Chairperson and ViceChairperson, the Secretary shall preside. The Secretary shall keep a complete and
accurate record of all meetings and any actions taken by the Board.
(b)
These offices shall be held for a two-year period beginning on June 30, 2004.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 108.
Band Ordinance 61-21, § 4.
§ 309. Meetings.
40
(a)
The Housing Board shall meet at least one (1) time per month to attend to Housing
Department business. If any Housing Board member is absent from three (3)
consecutive meetings, they shall be removed from the Housing Board.
(b)
The Housing Board members shall be paid a stipend for their services in the amount
of $300.00 per meeting, but payment of such stipend shall be limited to two (2)
meetings per month. If more than two (2) meetings within a month are required to
handle housing business, no stipend shall be paid although mileage expenses will be
allowed.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 109.
Band Ordinance 61-21, § 4.
Band Act 63-22.
§ 310. Quorum.
A majority of the full Board, notwithstanding the existence of any vacancies, shall constitute a
quorum for the transaction of business. No formal Board action shall be taken by a vote of less
than a majority. A quorum is defined as four (4) members.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 110.
Band Ordinance 61-21, § 4.
§ 311. Removal of Board Members.
(a)
A member of the Housing Board may be removed for misconduct of office, absence
from three (3) consecutive meetings without cause, or neglect of duty, but only after
notice and hearing before the Joint Session. The Commissioner of Community
Development and the Executive Director shall submit in writing such reason for
removal and submit the same to the Joint Session. The Joint Session shall hear the
case and determine if valid reason exist to remove such Board member.
(b)
The Board Member shall receive such notice of removal hearing at least ten (10)
days prior to the hearing date.
(c)
At any such hearing, the Board Member is entitled to be heard in person or through
an attorney and to present witnesses on her or his behalf.
41
(d)
A confidential record of any such hearing shall be kept for a period of seven (7)
years.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 111.
Band Ordinance 61-21, § 4.
§ 312. Housing Board Bylaws.
The Housing Board shall operate according to bylaws established by them and the Commissioner
of Community Development. The bylaws shall contain any operational requirements in order for
the Board to carry out its powers and duties.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 112.
Band Ordinance 61-21, § 4.
§ 313. Transfer of Ownership Interests.
(a)
All units owned by the Mille Lacs Band of Ojibwe Indians “Housing Authority”
shall be transferred to the Mille Lacs Band of Ojibwe Indians “Housing
Department.”
(b)
All leases held by the Mille Lacs Band of Ojibwe Indians “Housing Authority” shall
be transferred to the Mille Lacs Band of Ojibwe Indians “Housing Department.”
(c)
Any land acquisition performed by the Mille Lacs Band of Ojibwe Indians
Department of Natural Resources (“DNR”) that includes a house shall be leased to
the Housing Department according to the following limitations:
(1)
restricted to residential use; and
(2)
follow the area zoning requirements for a residential dwelling.
Historical and Statutory Notes
Source:
Band Ordinance 18-04, § 113.
Band Ordinance 61-21, § 4.
42
CHAPTER 5
NATIVE AMERICAN VETERAN DIRECT LOAN PROGRAM
Section
401. Findings and Determinations.
402. Application of Chapter.
403. Purpose to Provide Additional Remedies.
404. Public Policy of Band.
405. Definitions.
406. Priority.
407. Recording System.
408. Filing.
409. Log.
410. Public Inspection and Copying.
411. Leasehold Mortgage Foreclosure Proceedings.
412. Service of Process and Procedures.
413. Cure of Default.
414. Entry of Judgment.
415. Unlawful Detainer.
416. Procedures for Service of Notice.
417. Complaint and Summons.
418. Service of Summons and Complaint.
419. Writ of Restitution.
420. Judgment.
421. Continuance in Cases Involving Secretary.
422. Enforcement.
§ 401. Findings and Determinations.
(a)
The Band Assembly hereby finds and determines that there is a history of inadequate
housing for Band members and that adequate housing and related services are vital to
the health and well being of all members of the Band.
(b)
The Band Assembly hereby finds and determines that our Armed Service veterans
made great sacrifices for our country, their communities and their families and are a
valuable resources to the Band and that our veterans should have adequate housing
and related services made available to them.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 1.
Band Ordinance 01-95, § 1.
Band Ordinance 61-21, § 4.
43
§ 402. Application of Chapter.
This chapter prescribes procedures for the recording, priority and foreclosure of leasehold
mortgages given to secure loans made by the United States Department of Veterans Affairs
under the Native American Veterans Direct Loan Program under Title 38 U.S.C. 3761.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 1.02.
Band Ordinance 01-95, § 1.02.
Band Ordinance 61-21, § 4.
§ 403. Purpose to Provide Additional Remedies.
The purpose of this chapter is to provide remedies for the Veterans Affairs Loan Program and
nothing herein contained shall alter the ultimate financial liability of the owner of tenant for
repairs or maintenance of any building located on lands under the jurisdiction of the Band.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 19.
Band Ordinance 01-95, § 19.
Band Ordinance 61-21, § 4.
§ 404. Public Policy of Band.
Any provisions, whether oral or written, of any lease or other agreement whereby any provisions
of this chapter are waived by a tenant is contrary to public policy and void.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 18.
Band Ordinance 01-95, § 18.
Band Ordinance 61-21, § 4.
§ 405. Definitions.
44
(a)
"Band" shall refer to the Non-Removable Mille Lacs Band of the Mille Lacs Indian
Reservation as defined in the Minnesota Chippewa Tribal Constitution and the
statutes of the Non-Removable Mille Lacs Band.
(b)
"Lease" shall mean the lease of trust property for which a Leasehold Mortgage, as
defined in this section, has or will be given.
(c)
"Leasehold Mortgage" shall mean the mortgage of a lease of trust property given to
secure a loan made under the VA Native American Direct Loan Program and 38
U.S.C. 3761 et seq.
(d)
"Leasehold Mortgage Foreclosure Proceeding" shall mean a proceeding in the
Court of Central Jurisdiction:
(1)
To foreclose the interest of the Mortgagor(s), and each person or entity
claiming through the Mortgagor(s), in a Lease for which a Mortgage has been
given under the VA Native American Direct Loan Program and 38 U.S.C.
3761 et seq.; and
(2)
To assign such Lease to the Secretary or the Secretary's assignee.
(e)
"Lessor" shall mean the beneficial or equitable owner of trust or otherwise restricted
property under a Lease for which a Mortgage, as defined in this section, has been
given, or the heir(s), successor(s), executor(s), administrator(s), or assign(s) of such
Lessor.
(f)
"Mortgagee" shall mean the mortgagee under any Leasehold Mortgage as defined in
this section or the successor(s) interest of any such mortgagee, including the
Secretary as defined in this section, or the Secretary's assignee under any such
mortgage.
(g)
"Mortgagor" shall mean any Mille Lacs Band member who has executed a
Leasehold Mortgage as defined in this section, or any member heir(s), successor(s),
executor(s), administrator(s) or assign(s) of the Mille Lacs Band or any member.
(h)
"Nuisance" shall mean the maintenance on real property of a condition which:
(i)
(1)
Unreasonably threatens the health or safety of the public or neighboring land
users; or
(2)
Unreasonably and substantially interferes with the ability of neighboring
property users to enjoy the reasonable use and occupancy of their property.
"Recording Clerk" shall mean the person designated by the Mille Lacs Band to
perform the recording functions required by this chapter or any deputy or designee of
such person.
45
(j)
"Secretary" shall mean the Secretary of the United States Department of Veterans
Affairs (VA) or designee.
(k)
"Subordinate Lienholder" shall mean the holder of any lien, including a subsequent
mortgage, perfected subsequent to the recording of a Leasehold Mortgage under this
chapter (except the Mille Lacs Band with respect to a claim for a tribal leasehold tax).
(l)
"Tenant" shall mean any person who occupies real property under a lease, rental
agreement or other agreement with a lessor as defined in this section.
(m)
"Tribal Court" shall mean the Court of Central Jurisdiction as established by the
laws of Mille Lacs Band of Ojibwe to exercise the powers and functions of a court of
law.
(n)
"Unlawful Detainer Action" shall be a suit brought before the Court of Central
Jurisdiction to terminate a tenant's interest in real property and/or to evict any person
from occupancy of real property.
(o)
"Waste" is spoil or destruction by a tenant of land, buildings, gardens, trees or other
improvements which result in substantial injury to the lessor's interest in the property.
(p)
"Writ of Restitution" is an order of the Tribal Court:
(1)
Restoring an owner or lessor or the Secretary to possession of real property
and,
(2)
Evicting a tenant or other occupant therefrom.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, §§ 1.03-1.18.
Band Ordinance 01-95, §§ 1.03-1.18.
Band Ordinance 61-21, § 4.
§ 406. Priority.
A Leasehold Mortgage recorded in accordance with the recording procedures set forth in this
chapter shall have priority over any lien not perfected at the time of such recording and any
subsequent lien or claim excepting a lien or claim arising from a tribal leasehold tax assessed
after the recording of the mortgage. Nothing in this chapter shall prevent any person or entity
from recording a Leasehold Mortgage in accordance with State law or from filing a Leasehold
Mortgage with the Bureau of Indian Affairs.
Historical and Statutory Notes
46
Source:
Band Ordinance 34-94, § 2.
Band Ordinance 01-95, § 2.
Band Ordinance 61-21, § 4.
§ 407. Recording System.
The Band Recording Clerk shall maintain in the Department of Natural Resources Real Estate
Division a system for the recording of leasehold Mortgages and such other documents as the
Band may designate by law or resolution.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 3.
Band Ordinance 01-95, § 3.
Band Ordinance 61-21, § 4.
§ 408. Filing.
(a)
The Band Recording Clerk shall endorse upon any Leasehold Mortgage or other
document received for recording:
(1)
The date and time of receipt of the Leasehold Mortgage or other document;
and
(2)
The filing number, to be assigned by the Recording Clerk, which shall be a
unique number for each Leasehold Mortgage or other document received; and
(3)
The name of the Band Recording Clerk receiving the Leasehold Mortgage or
document.
(1)
Upon completion of the above endorsements; the Tribal Recording Clerk shall
make a true and correct copy of the Leasehold Mortgage or other document
and shall certify the copy as follows:
(b)
MILLE LACS BAND OF OJIBWE
MILLE LACS RESERVATION:
ss.
I certify that this is a true and correct copy of a document received for recording this date.
47
Given under my hand and seal this ____________ day of ____________ . (SEAL)
______________________
Signature
______________________
Title
(2)
The Band Recording Clerk shall maintain the copy in the records of the
recording system and shall return the original of the Leasehold Mortgage or
other document to the person or entity that presented the same for recording.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, §§ 3.01-3.03.
Band Ordinance 01-95, §§ 3.01-3.03.
Band Ordinance 61-21, § 4.
§ 409. Log.
The Band Recording Clerk shall also maintain a log of each Leasehold Mortgage or other
document recorded in which there shall be entered:
(a)
The name(s) of the Mortgagor(s) of each Leasehold Mortgage, identified as
such;
(b)
The name(s) of the Mortgagee(s) of each Leasehold Mortgage, identified as
such;
(c)
The name(s) of the grantor(s), grantee(s), or other designation of each party
named in any other documents;
(d)
The date and time of receipt;
(e)
The filing number assigned by the Band Recording Clerk; and
(f)
The name of the Band Recording Clerk receiving the Leasehold Mortgage or
document.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 3.04.
Band Ordinance 01-95, § 3.04.
Band Ordinance 61-21, § 4.
48
§ 410. Public Inspection and Copying.
The certified copies of the Leasehold Mortgages and other documents and the log maintained by
the Tribal Recording Clerk shall be made available for public inspection and copying.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 3.05.
Band Ordinance 01-95, § 3.05.
Band Ordinance 61-21, § 4.
§ 411. Leasehold Mortgage Foreclosure Proceedings.
Upon the default of the Mortgagor(s) under a Leasehold Mortgage, the Secretary may commence
a Leasehold Mortgage foreclosure proceeding in the Tribal Court by filing:
(a)
(b)
A verified complaint:
(1)
Naming the Mortgagor(s) and each person or entity claiming through the
Mortgage(s) subsequent to the recording of the Leasehold Mortgage, including
each Subordinate Lienholder (except the Band with respect to a claim for a
tribal leasehold tax), as a defendant;
(2)
Describing the property;
(3)
Stating the facts concerning the execution of the Lease and the Leasehold
Mortgage; the facts concerning the recording of the Leasehold Mortgage; the
facts concerning the alleged default(s) of the Mortgagor(s); and such other
facts as may be necessary to constitute a cause of action;
(4)
Having appended as exhibits true and correct copies of each promissory note,
Lease, Leasehold Mortgage, or assignment thereof relating to the property;
and
(5)
Including an allegation that all relevant requirements and conditions
prescribed in (i) title 38 U.S.C. § 3761, (ii) the regulations promulgated
thereunder by the Secretary, and (iii) the provisions of the Lease, have, been
complied with by the Secretary.
A summons, issued as in other cases, requiring the Mortgagor(s) and each other
defendant to appear for a trial upon the complaint on a date and time specified in
the summons.
Historical and Statutory Notes
49
Source:
Band Ordinance 34-94, § 4.
Band Ordinance 01-95, § 4.
Band Ordinance 61-21, § 4.
§ 412. Service of Process and Procedures.
The laws of the Band governing service of process and all other matters relating to the conduct
of Court of Central Jurisdiction proceedings shall apply to any Leasehold Mortgage Foreclosure
Proceeding pursuant to this chapter.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 5.
Band Ordinance 01-95, § 5.
Band Ordinance 61-21, § 4.
§ 413. Cure of Default.
Prior to the entry of a judgment of foreclosure, any Mortgagor or any Subordinate
Lienholder may cure the default(s) under the Leasehold Mortgage. Any Subordinate Lienholder
who has cured a default shall thereafter have included in its lien the amount of payments made
by such Subordinate Lienholder to cure the default(s), plus interest on such amounts at the rate
stated in the note for the Leasehold Mortgage.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 6.
Band Ordinance 01-95, § 6.
Band Ordinance 61-21, § 4.
§ 414. Entry of Judgment.
If the alleged default(s) have not been cured, and if the Court should find for the Secretary, the
Court of Central Jurisdiction shall enter judgment:
(a)
Foreclosing the interest in the Lease of the Mortgagor(s) and each other
defendant named in the complaint upon whom proper and timely service has been
made, including each such Subordinate Lienholder; and
(b)
Assigning such Lease to the Secretary or the Secretary's assignee.
50
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 7.
Band Ordinance 01-95, § 7.
Band Ordinance 61-21, § 4.
§ 415. Unlawful Detainer.
(a)
The provisions of this section shall apply to all persons and property subject to the
governing authority of the Mille Lacs Band as established by the Laws of the NonRemovable Mille Lacs Band.
(b)
A tenant or other occupier of land shall be guilty of unlawful detainer if such person
shall continue in occupancy of real property under any of the following situations:
(1)
(2)
Without the requirement of any notice:
(i)
After the expiration of the term of the lease or other agreement; or
(ii)
If such person has entered onto or remains on the real property of
another without the permission of the owner and without having any
substantial claim of a lease or title of the property; or
(iii)
After the Housing Department has terminated such person's tenancy
pursuant to procedures providing such person a hearing before the
Housing Authority involved; or
(iv)
After the interest of such person in a lease has been foreclosed in a
leasehold mortgage foreclosure proceeding in the Tribal Court.
After having received 30 days' notice, the tenant or occupier shall remain in
possession of the property contrary to the terms of the notice as follows:
(i)
(ii)
When such person has received notice:
(A)
That he or she is in default in the payment of rent; and
(B)
Requiring her or him, to either pay the rent or surrender
possession of the occupied property; and such person has
remained in possession after receipt of such notice without
either surrendering possession of the property or paying the
rent; or
When the lease of the property is for an indefinite time, with rent to be
paid monthly or by some other period, and the lessor has given notice
51
of termination of the tenancy at least 30 days prior to the end of such
month or period; or
(iii)
When such person shall continue to fail to keep or perform any
condition or covenant of the lease or agreement under which the
property is held after he or she has been given notice to surrender the
property; or
(iv)
When such person continues to commit or to permit waste upon or
maintain a nuisance upon the occupied property after having been
given notice, to either cease such waste or maintenance of nuisance or
to surrender the property.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 8.
Band Ordinance 01-95, § 8.
Band Ordinance 61-21, § 4.
§ 416. Procedures for Service of Notice.
(a)
(b)
Notices required or authorized in 12 MLBS § 415 shall be given in writing by either:
(1)
Delivering a copy personally to the tenant or occupier or to any adult
members of her or his family residing on the premises; or
(2)
Posting said notice in a conspicuous place near the entrance to said premises,
and by sending an additional copy to the tenant or occupier by certified mail,
return receipt requested, properly addressed, postage prepaid.
Proof of service by either of the above methods may be made by affidavit of any adult
person stating that he or she has complied fully with the requirements of either of
these two (2) methods of service.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 9.
Band Ordinance 01-95, § 9.
Band Ordinance 61-21, § 4.
§ 417. Complaint and Summons.
52
The owner of real property or lessor or Secretary shall commence an action for unlawful detainer
by filing with the Court, in writing, the following documents:
(a)
(b)
A complaint, signed by the owner, lessor, the Secretary, an agent, or attorney, stating:
(1)
The facts on which he or she seeks to recover,
(2)
Describing the property so that it can be identified with reasonable certainty;
and
(3)
Any claims for damages or compensation due from the persons to be evicted;
A summons, issued as in other cases, requiring the defendants to appear for trial upon
the complaint on a date and time specified in the summons. The trial date specified in
the summons shall not be less than 20 nor more than 30 days from the date of service
of the summons and complaint. The summons must notify the defendants that
judgment will be taken against them in accordance with the terms of the complaint
unless they file with the court an answer and appear for trial at the time, date and
place specified in the summons.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 10.
Band Ordinance 01-95, § 10.
Band Ordinance 61-21, § 4.
§ 418. Service of Summons and Complaint.
A copy of the summons and complaint shall be served upon the defendants in the manner
provided by the Mille Lacs Band Statute for service of process in civil matters.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 11.
Band Ordinance 01-95, § 11.
Band Ordinance 61-21, § 4.
§ 419. Writ of Restitution.
The Court of Central Jurisdiction shall enter a Writ of Restitution if:
(a)
Notice of suit and trial is given by service of summons and complaint in accordance
with the procedures provided in this document; and
53
(b)
The Court of Central Jurisdiction shall find that the occupier of the real property is
guilty of an act of unlawful detainer.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 12.
Band Ordinance 01-95, § 12.
Band Ordinance 61-21, § 4.
§ 420. Judgment.
(a)
(b)
Upon issuance of a Writ of Restitution the Court of Central Jurisdiction shall have the
authority to enter against the defendants a judgment for the following:
(1)
back rent,
(2)
unpaid utilities,
(3)
charges due the Band, Indian Housing Authority, or land owner under any
lease or occupancy agreement (not including a leasehold mortgage); and
(4)
damages caused by the defendants to the property other than ordinary wear
and tear.
The Court of Central Jurisdiction shall have the authority to award to the prevailing
party her or his costs and reasonable attorney's fees in bringing suit.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 12.021.
Band Ordinance 01-95, § 12.021.
Band Ordinance 61-21, § 4.
§ 421. Continuance in Cases Involving Secretary.
Except by agreement of all parties, there shall be no continuances in the cases involving the
Secretary which will interfere with the requirement that the Writ of Restitution in a case
involving the Secretary be enforced not later than 60 days from the date of service of the
summons and complaint.
Historical and Statutory Notes
Source:
54
Band Ordinance 34-94, § 13.
Band Ordinance 01-95, § 13.
Band Ordinance 61-21, § 4.
§ 422. Enforcement.
Upon issuance of a Writ of Restitution by the Court of Central Jurisdiction law enforcement
officers shall enforce the Writ of Restitution by evicting the defendants and their property from
the premises which are unlawfully occupied. In all cases involving the Secretary, the Writ of
Restitution shall be enforced not later than 60 days after the date of service of the summons and
complaint.
Historical and Statutory Notes
Source:
Band Ordinance 34-94, § 14.
Band Ordinance 01-95, § 14.
Band Ordinance 61-21, § 4.
TITLE 13 – REPEALED
[REPEALED].
Historical and Statutory Notes
Source:
Band Ordinance 61-21, § 2.
Revisor’s Note:
Title 13 was repealed pursuant to Ordinance 61-21 and was enacted within Title 12 – Community
Development as Chapters 1 and 2.
TITLE 14 – REPEALED
[REPEALED].
Historical and Statutory Notes
Source:
55
Band Ordinance 61-21, § 2.
Revisor’s Note:
Title 14 was repealed pursuant to Ordinance 61-21 and was enacted within Title 12 – Community
Development as Chapter 3.
TITLE 15 – INDEPENDENT AGENCIES
Chapter
1. Gaming Regulatory Act
2. Department of Athletic Regulation
3. Band Member Legal Services
4. Tribal Employment Rights Office
5. Department of Cannabis Regulation
Section
1
801
901
1001
1201
CHAPTER 1
GAMING REGULATORY ACT
Subchapter
1. General Provisions
2. Gaming Activity
3. Ownership and Revenue
4. Gaming Regulatory Authority
5. Office of Gaming Regulation and Compliance; Director of
Gaming Regulation and Compliance
6. Appeals
7. Data Privacy
8. Compulsive Gambling
SUBCHAPTER 1
GENERAL PROVISIONS
Section
1. Findings.
2. Declaration of Purpose.
3. Definitions.
4. Severability.
56
Section
1
101
201
301
401
501
601
701
§ 1. Findings.
The Mille Lacs Band of Ojibwe finds that:
(a)
the Band has a long history of conducting different forms of gaming within our
sovereign territory. Prior to entering into treaties with the United States, the Band
allowed many traditional forms of gaming;
(b)
gaming on Band lands is a valuable means of generating revenues needed by the
Band to enhance economic development and self-sufficiency, promote and strengthen
self-governance, increase Band member employment, and fund essential Band social
programs and services; and
(c)
Band regulation and control of gaming on Band lands is necessary in order to ensure
the welfare and best interests of the Band, its members, and patrons of the Band’s
gaming enterprises; prevent any proliferation of organized crime and other corrupting
influences on Band lands; protect the fairness of gaming conducted on Band lands;
and preserve the political integrity of the Band.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 2.
Band Act 80-23.
§ 2. Declaration of Purpose.
The express purposes of this chapter are:
(a)
to provide a statutory basis for the regulation of gaming on Band lands to ensure that
gaming is shielded from organized crime and other corrupting influences, to ensure
that the Band is the primary beneficiary of the gaming operation, and to ensure that
gaming is conducted fairly and honestly by both the operator and the player;
(b)
to regulate and control gaming on Band lands for the protection of gaming as a means
of promoting economic development, self-sufficiency, and strong tribal government;
(c)
to foster a spirit of cooperation with federal officials in the regulation of gaming;
(d)
to foster a spirit of cooperation with Minnesota officials in the conduct of class III
gaming pursuant to any tribal-state gaming compacts;
(e)
to ensure that gaming on Band lands is conducted in conformity with Band law, the
IGRA, (25 U.S.C. § 2701 et seq.) and regulations promulgated pursuant thereto,
applicable state law, and any tribal-state compacts;
57
(f)
to ensure that the construction and maintenance of gaming facilities and the operation
of all gaming conducted at such facilities is conducted in a manner which adequately
protects the environment, public health, and safety; and
(g)
to establish an independent regulatory authority charged with oversight and
enforcement of gaming regulatory matters under Band law, with the goal of becoming
self-regulating under the IGRA and regulations promulgated thereto.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 3.
Band Act 80-23.
§ 3. Definitions.
For the purposes of this chapter, the following definitions shall apply:
(a)
“Authority” means the Mille Lacs Band Gaming Regulatory Authority established
by this chapter, which may also be known as the Tribal Gaming Commission.
(b)
“Authority data” means all information, files, reports, records, correspondence, and
other data collected, created, received, maintained, or disseminated by the Authority,
regardless of its physical form, storage method, or conditions of use.
(c)
“Applicant” means an individual or entity that applies for a Band gaming license or
certification.
(d)
“Background investigation” has the meaning given in 25 C.F.R. § 556.4.
(e)
“Band” or “Mille Lacs Band” means the Mille Lacs Band of Ojibwe.
(f)
“Band gaming laws” means this chapter and all subsequent amendments thereto, and
all Detailed Gaming Regulations promulgated thereunder.
(g)
“Band lands” means any land within the jurisdiction of the Band upon which gaming
activities pursuant to the IGRA may be conducted.
(h)
“Board” means the Board of Directors of the Gaming Regulatory Authority.
(i)
“Closely associated independent contractor” means any contractor that shares
common ownership, officers, or directors with any management principal or person
related thereto.
(j)
“Chairperson” means the chairperson of the Board.
58
(k)
“Charitable gaming” means any gaming carried out by an Indian charitable
organization on Band lands.
(l)
“Class I gaming” means:
(m)
(n)
(1)
social games played solely for prizes of minimal value; or
(2)
traditional forms of Indian gaming when played by individuals in connection
with tribal ceremonies or celebrations.
“Class II gaming” means:
(1)
bingo or lotto (whether or not electronic, computer, or other technologic aids
are used) when players (A) play for prizes with cards bearing numbers or
other designations; (B) cover numbers or designations when objects, similarly
numbered or designated, are drawn or electronically determined; and (C) win
the game by being the first person to cover a designated pattern on such cards;
(2)
pull-tabs, punch boards, tip jars, instant bingo, and other games similar to
bingo, if played in the same location as bingo or lotto; or
(3)
non-banking card games that (A) state law explicitly authorizes, or does not
explicitly prohibit, and are played legally anywhere in the state; and (B)
players play in conformity with state laws and regulations concerning hours,
periods of operation, and limitations on wagers and pot sizes.
“Class III gaming” means all forms of gaming that are not class I or class II gaming,
including but not limited to:
(1)
any house banking game, including but not limited to card games such as
baccarat, chemin de fer, blackjack (21), and pai gow (if played as housebanking games), and casino games such as roulette, craps, and keno;
(2)
any slot machines, as defined in 15 U.S.C. § 1171(a)(1), and electronic or
electromechanical facsimiles of any game of chance;
(3)
any sports betting and pari-mutuel wagering, including but not limited to
wagering on horse racing, dog racing, or jai alai; and
(4)
lotteries.
(o)
“Compliance” means that any gaming and gaming-related activity regulated by this
chapter is conducted in accordance with applicable laws.
(p)
“Compliance determination” has the meaning given in § 309 of this chapter.
59
(q)
“Confidential data” means authority data on a person that by Band statute,
regulation or order, or by applicable federal law, is not made available to the public.
The term includes Confidential Limited Availability Data and Confidential Restricted
Availability Data.
(r)
“Confidential financial information” means any financial accounting records,
ledgers, reports, and audits; and any profit and loss statements, cash flow projections,
tax returns, invoices, checks, bank records, or other data on the revenues,
expenditures, or financial obligations of a person, other than a gaming enterprise or
gaming operation.
(s)
“Confidential limited availability data” means confidential data that by Band
statute, regulation or order, or by applicable federal law is made accessible to the
subject of the data, if any.
(t)
“Confidential restricted availability data” means confidential data that is not
available to the subject of the data.
(u)
“Corporate Ventures” means Mille Lacs Corporate Ventures (formerly known as
the Corporate Commission of the Mille Lacs Band of Ojibwe) as established by 16
MLBS § 101 et seq.
(v)
“Corporate Commissioner” means the Mille Lacs Band Commissioner for
Corporate Affairs.
(w)
“District Court” means the District Court of the Mille Lacs Band of Ojibwe
established by 5 MLBS § 2.
(x)
“Detailed Gaming Regulations” or “DGR” means a full and complete set of
gambling regulations promulgated by the Authority pursuant to § 306 of this chapter
to:
(1)
ensure effective, independent oversight and regulation of all gaming
conducted on Band lands;
(2)
ensure that persons who hold key positions in the Band’s gaming enterprises
and gaming operations are honest, trustworthy, and of good moral character;
(3)
protect Band assets through implementation of strong, effective financial
accounting and internal cash controls;
(4)
comply with all applicable law, including Band law, federal law, and tribalstate compacts; and
(5)
clearly define and distinguish the respective duties and powers of casino
management and gaming regulation so that they complement one another in
60
such a manner as to maximize the benefits of gaming to the Band and the
surrounding non-Indian community.
(y)
“Director” means the director of the Office of Gaming Regulation and Compliance
as described § 401 of this chapter.
(z)
“Exclusion list” means a list prepared pursuant to § 313 of this chapter that contains
the names of persons who shall not be permitted in any gaming enterprise and gaming
operation.
(aa)
“Financial information on a gaming enterprise and gaming operation” includes,
but is not limited to, any financial accounting records, ledgers, reports, and audits;
and any profit and loss statements, cash flow projections, tax returns, invoices,
checks, bank records, or other data on the revenues, expenditures, or financial
obligations of a gaming enterprise or gaming operation.
(bb)
“Gaming” means an activity in which a person stakes or risks something of value on
the outcome of a contest of chance or a future contingent event, not under her or his
control or influence, upon an agreement or understanding that the person, or someone
else, will receive something of value in the event of a certain outcome, but shall not
include a bona fide business transaction.
(cc)
“Gaming activity” or “Gaming activities” means any class I, class II, or class III
gaming activity as defined by the IGRA and conducted by or under the jurisdiction of
the Band.
(dd)
“Gaming Compliance Officer” means the officer described in § 402(a)(4) of this
chapter.
(ee)
“Gaming contractor” means any person or entity that supplies gaming devices or
other gaming equipment, personnel, or services, including gaming management or
consulting services, to any gaming activity or gaming enterprise or gaming operation.
(ff)
“Gaming enterprise(s)” means the gaming entities through which the Band
conducts, regulates, and secures gaming on Indian lands within the Band’s
jurisdiction pursuant to the Indian Gaming Regulatory Act.
(gg)
“Gaming operation” means the Grand Casino Mille Lacs, the Grand Casino
Hinckley, and any other commercial facility or business operated, in whole or in part,
for the conduct of gaming or related to gaming activities within the jurisdiction of the
Band.
(hh)
“Gaming Regulatory Authority” means the independent agency established herein
and designated with responsibility for performing the Band’s regulatory
responsibilities and duties under the IGRA, this chapter, and any tribal-state
61
compacts. The Gaming Regulatory Authority is comprised of both the Board and the
Office of Gaming Regulation & Compliance.
(ii)
“Gaming supplier” means any contractor or other supplier of gaming goods,
supplies, materials, equipment, or services to any gaming enterprise or gaming
operation, the aggregate annual cost of which to the Band’s gaming enterprises or
gaming operation is at least $25,000.00. The term “gaming supplier” shall be more
particularly defined in Detailed Gaming Regulations promulgated by the Authority.
(jj)
“Hearing examiner” means an individual employed or contracted with by the
Authority for the purpose of conducting a hearing pursuant to this chapter. Such
person shall: (1) be independent of any claimant, Corporate Ventures, any gaming
enterprise or gaming operation, and any affiliates of the foregoing; (2) be an attorney
in good standing licensed by the Band and any state; and (3) have relevant legal
experience.
(kk)
“Immediate family” or “related to” refers to persons who are the subject
individual’s spouse, parents, siblings, and children, either adopted or biological.
(ll)
“Indian charitable organization” means any non-profit association or corporation,
or unincorporated community group, with a primary purpose of engaging in social,
educational, cultural, religious or charitable activities, or a combination thereof within
the tribal community.
(mm) “Indian Gaming Regulatory Act” or “IGRA” means the Act of October 17, 1988,
Public Law 100-497, 25 U.S.C. § 2701 et seq. as amended, and all regulations
promulgated pursuant thereto.
(nn)
“Information on a pending compliance recommendation” means (1) any data
gathered by the Director in connection with an ongoing investigation for which a
Compliance Recommendation is required pursuant to § 402(b) of this chapter or (2)
any compliance recommendation that has been completed by the Director but not yet
finally acted upon by the Authority.
(oo)
“Information on a pending license application” means any data submitted by the
applicant or gathered by the Director or the Authority in connection with a pending
application for a license required by this chapter.
(pp)
“Key employee” means:
(1)
any person who performs one (1) or more of the following functions for a
gaming enterprise or gaming operation: (A) bingo caller; (B) counting room
supervisor; (C) chief of security; (D) floor manager; (E) pit boss; (F) dealer;
(G) croupier; (H) approver of credit; (I) custodian of gaming systems as
defined in 25 C.F.R. § 547.2 and similar class III systems, gaming cash or
62
gaming cash equivalents, or gaming system records; or (J) custodian of
surveillance systems or surveillance system records;
(2)
any gaming operation or gaming enterprise employee authorized by the
gaming operation or gaming enterprise for unescorted access to secured
gaming areas designated as secured gaming areas by the Authority;
(3)
if not otherwise licensed as a key employee or primary management official,
the four (4) persons most highly compensated by a gaming enterprise or
gaming operation; and
(4)
any other employee of the gaming enterprise or gaming operation as
documented by the tribe as a key employee; or
(5)
any other person as defined in 25 C.F.R. Part 502.14.
(qq)
“Management principal” means any person who is an officer or member of the
Board or other person defined as a primary management official as defined in 25
C.F.R. § 502.19.
(rr)
“Member” means a member of the Gaming Regulatory Authority Board of
Directors.
(ss)
“National Indian Gaming Commission” or “NIGC” means the commission
established within the U.S. Department of the Interior under 25 U.S.C. § 2704.
(tt)
“Net revenues” means gross gaming revenues of an Indian gaming operation or
gaming enterprise less: (1) amounts paid out as, or paid for, prizes; and (2) total
gaming-related operating expenses, including all those expenses of the gaming
operation or gaming enterprise commonly known as operating expenses and nonoperating expenses consistent with professional accounting pronouncements,
excluding management fees.
(uu)
“Non-key employee” means any person employed by a gaming enterprise or
Corporate Ventures, who is not otherwise defined as a key employee or primary
management official.
(vv)
“Office of Gaming Regulation and Compliance” or “OGR&C” means the office
charged with the responsibility of, inter alia, regulating gaming activity within the
jurisdiction of the Band.
(ww) “Person” means any individual, partnership, corporation, association, business trust,
joint stock company, unincorporated association or society, any other business or
non-business entity, or the legal representative of such entity.
63
(xx)
“Personnel data” means data on individuals collected because the individual is or
was an associate of, or an applicant for employment with, the Authority or acts as an
independent contractor therefor.
(yy)
“Primary management official” means:
(1)
the Corporate Commissioner;
(2)
any person having management responsibility for a management contract;
(3)
any person who has authority to (i) hire and fire employees of a gaming
operation or gaming enterprise; or (ii) establish policy for a gaming operation
or gaming enterprise;
(4)
the chief financial officer or a position with duties similar to a chief financial
officer;
(5)
the general manager or a position with duties similar to a general manager; or
(6)
any other person as defined by 25 C.F.R. Part 502.19.
(zz)
“Security information” means authority data the disclosure of which would be
likely to substantially jeopardize the security of gaming enterprise or gaming
operation information, possessions, associates, guests, or property against theft,
tampering, improper use, illegal disclosure, trespass, or physical injury.
(aaa)
“Trade secret information” means Authority data, including formula, pattern,
compilation, program, device, method, technique, or process that was (1) supplied by
the affected person; (2) is the subject of efforts by the affected person to maintain its
secrecy; and (3) derives independent economic value, actual or potential, from not
being generally known to, and not being readily ascertainable by proper means by,
other persons who can obtain economic benefit from its disclosure or use.
(bbb) “Tribal-state compact” means an agreement between the Band and the state of
Minnesota about class III gaming under 25 U.S.C. § 2710(d).
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 4.
Band Act 80-23.
64
§ 4. Severability.
If any provision or application of this chapter is determined by judicial review to be invalid, such
determination shall not be held to render such provision inapplicable to other persons or
circumstances, nor shall such determination render invalid any other provisions of this chapter.
Historical and Statutory Notes
Source:
Band Act 80-23.
SUBCHAPTER 2
GAMING ACTIVITY
Section
101. General Prohibition on Gaming Activities; Violations Punishable.
102. Unauthorized Gaming Prohibited.
103. Permitted Gaming.
104. Tribal-State Compacts for Class III Gaming Authorized.
105. Use of Band Lands for Gaming Purposes.
106. Health, Safety, and Environmental Protections.
107. Prohibited Activities.
§ 101. General Prohibitions on Gaming Activities; Violations Punishable.
All gaming activity on Band lands shall be conducted in compliance with this chapter and any
Gaming Activities not authorized by this chapter or by Detailed Gaming Regulations
promulgated pursuant to this chapter by the Authority is prohibited. Any violations of this
chapter shall be punishable through means adopted by this chapter, the Authority, and as
otherwise provided by Band law.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 5.
Band Act 80-23.
§ 102. Unauthorized Gaming Prohibited.
All gaming activities on Band lands, whether class I, II, or III, are prohibited and unlawful,
except as expressly authorized by this chapter.
65
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 6(a).
Band Act 80-23.
§ 103. Permitted Gaming.
(a)
Class I gaming. Class I traditional games are permitted to the extent consistent with
tribal custom and practice. The Authority may prohibit and prevent any conduct
which is claimed to be class I gaming if it finds that such conduct is not in accordance
with tribal customs or practices or violates the IGRA or other applicable law. The
Authority shall consult with a committee of Band Elders to determine which games
are consistent with Band custom and practice. These games shall be listed and defined
in the Detailed Gaming Regulations
(b)
Class II and class III gaming. Class II and class III gaming on Band lands is hereby
authorized. The Band has the sole proprietary interest in and responsibility for the
conduct of any gaming enterprise or gaming operation.
(1)
(2)
(3)
Permitted class II games. The following class II games are permitted:
(i)
any game of chance which the Authority or the NIGC has determined
to be class II in accordance with this chapter; and
(ii)
any game of chance for which the Authority has promulgated rules and
Detailed Gaming Regulations so that such games are conducted in
accordance with this chapter.
Permitted class III games. The following class III games are permitted:
(i)
video games of chance licensed and conducted pursuant to any tribalstate compact between Corporate Ventures and the State of Minnesota;
(ii)
blackjack games licensed and conducted under the terms of any tribalstate compact between Corporate Ventures and the State of Minnesota;
and
(iii)
any other game of chance which is licensed and conducted pursuant to
any tribal-state compact and for which the Authority has promulgated
rules and Detailed Gaming Regulations in accordance with this
chapter.
Game classification decisions. A gaming enterprise or gaming operation may
submit to the Authority a request for a determination of whether a particular
game qualifies as a class II game or class III game under the IGRA. The
66
Authority must issue a game classification decision with respect to the game
promptly after the request.
(c)
(i)
In arriving at any gaming classification decision, the Authority may
employ the services of a hearing examiner to either make a
recommendation for a game classification decision or issue a game
classification decision on behalf of the Authority.
(ii)
The gaming enterprise or gaming operation must reimburse the
Authority for any costs incurred in producing the game classification
decision, regardless of the outcome.
(iii)
The gaming enterprise or gaming operation may appeal the
Authority’s game classification decision to the District Court, which
may hire a special magistrate to provide assistance.
Community charitable gaming.
(1)
Policy. It is the policy of the Band to foster and assist Indian charitable
organizations and the good works they perform for the community. To this
end, the Band will allow Indian charitable organizations to use certain forms
of gaming to raise money for their charitable purposes and to provide a
healthy social outlet for members of such groups and their friends. The
Authority shall regulate charitable gaming carried out by an Indian charitable
organization in order to promote the general health and safety of the Band and
to ensure that such gaming is operated honestly, with high integrity, and in
accordance with the highest standards.
(2)
Allowable games. Indian charitable organizations may operate the games of
pull-tabs and bingo for the purposes set forth in paragraph (1)) above.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 6(b).
Band Act 80-23.
§ 104. Tribal-State Compacts for Class III Gaming Authorized.
(a)
Corporate Ventures authorized. Corporate Ventures is hereby authorized to
negotiate and enter into tribal-state compacts with the State of Minnesota to govern
the conduct of class III gaming on Band lands. Such tribal-state compacts and
amendments thereto, other than technical amendments as provided in subsection (b)
below, shall not be valid until ratified by the Band Assembly pursuant to Titles 3 of
Mille Lacs Band Statutes.
67
(b)
Technical amendments. Corporate Ventures may enter into technical amendments
pursuant to section 6.12 of the Video Game of Chance Compact or section 7 of the
Blackjack Compact or similar section of any subsequent tribal-state compact and such
technical amendment shall not require Band Assembly approval as provided in
section subsection(a) above. Shareholders shall be delivered copies of any technical
amendments at the shareholders’ meetings.
(c)
Regulations to be in compliance with tribal-state compacts. The Authority shall
adopt Detailed Gaming Regulations to provide that such class III gaming is conducted
in compliance with the terms and conditions of such tribal-state compact or
amendments thereto.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 6(c).
Band Act 80-23.
§ 105. Use of Band Lands for Gaming Purposes.
(a)
Leases. Leases for all Band lands for gaming activities, or related to gaming activity
purposes, shall be in full compliance with all applicable laws of the United States and
the Band.
(b)
Anishinaabeg celebrations. The use of Band lands for Anishinaabeg celebrations or
other social events, which includes traditional gaming as part of the celebration or
other social event, shall not be subject to federal, state, or local government approval.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 7.
Band Act 80-23.
§ 106. Health, Safety, and Environmental Protection.
The construction and maintenance of any facility wherein gaming activities are conducted and
the operation of gaming activities authorized by this chapter, or any other Band law, shall be
conducted in a manner which adequately protects the environment and the public health and
safety, and shall comply with all applicable Band and federal law.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 8.
68
Band Act 80-23.
§ 107. Prohibited Activities.
(a)
Minors prohibited. It shall be unlawful for any adult to allow a person under the age
of 18 years to participate in gaming activities at a gaming enterprise or gaming
operation, or for such minor to participate in gaming activities at a gaming enterprise
or gaming operation.
(b)
Cheating prohibited. It shall be unlawful to conduct or participate in any gaming in
a manner which results in cheating, misrepresentation, or other disreputable tactics
which distract from a fair and equal chance for all participants, or otherwise affects
the outcome of the game.
(c)
Sale and consumption of alcoholic beverages. The sale of alcoholic beverages shall
be permitted at any gaming enterprise or gaming operation, if properly licensed
pursuant to 18 MLBS § 208 and applicable federal and state law. The sale of
alcoholic beverages under this section is subject to special surcharge taxes established
by 22 MLBS § 509.
(d)
Extension of credit prohibited. Extension of credit in any form shall not be allowed
at any gaming enterprise or gaming operation, unless specifically authorized by Mille
Lacs Band Statutes and properly licensed pursuant to applicable Band, federal, and
state law.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 16.
Band Act 80-23.
SUBCHAPTER 3
OWNERSHIP AND REVENUES
Section
201. Ownership of Gaming.
202. Ownership and Use of Class II and Class III Gaming Revenues.
§ 201. Ownership of Gaming.
The Band shall have the sole proprietary interest in and responsibility for conducting any class II
and class III gaming activities authorized by this chapter, except to the extent the Band may
69
contract with and license a person or entity to own, operate, o\r manage a gaming enterprise or
gaming operation pursuant to provisions of the IGRA, any tribal-state compacts, or as otherwise
permitted by applicable law.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 9.
Band Act 80-23.
§ 202. Ownership and Use of Class II and Class III Gaming Revenues.
(a)
(b)
Band property.
(1)
All revenues generated from any class II or class III gaming activities
conducted by any gaming enterprise or gaming operation are the sole property
of the Band, except as provided for under the terms of any agreement made
pursuant to the provisions of the IGRA, or as otherwise permitted by Band
law.
(2)
Any profits or net revenues from any class II or class III gaming activities
conducted by any gaming enterprise or gaming operation shall be deposited
into the Band’s general treasury. Upon becoming part of the general treasury,
such funds shall lose any identity as gaming revenues, except to the extent
necessary to identify them as such in order to comply with applicable law.
(3)
No individual Band member shall be deemed to have any interest in such
profits or net revenues from any class II or class III gaming activities
conducted by any gaming enterprise or gaming operation, provided that the
Band may adopt rules for distributing gaming proceeds to Band members on a
per capita basis; provided further that such plan must meet the requirements of
25 U.S.C. § 2710 (b)(3). Payments from the general treasury funds to Band
members under other Band programs, including those related to health,
welfare, education, elderly care, and housing, shall not be deemed “per capita”
payments.
Use of net gaming revenues. Net revenues derived from any class II or class III
gaming activities conducted by any gaming enterprise or gaming operation shall be
used only for the following purposes:
(1)
to fund Band government operations or programs;
(2)
to provide for the general welfare of the Band and its members;
(3)
to promote Band economic development;
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(c)
(4)
to donate to charitable organizations recognized by the Band; or
(5)
to help fund operations of local government agencies.
Distribution plan. There shall be no per capita payments made from any net
revenues derived from any class II or class III gaming activities conducted by any
gaming enterprise or gaming operation, unless the distribution plan is approved by the
U.S. Secretary of the Interior pursuant to 25 U.S.C. § 2701 et seq. and the payments
are made in accordance with such approved plan.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 10.
Band Act 80-23.
SUBCHAPTER 4
GAMING REGULATORY AUTHORITY
Section
301. Establishment.
302. Board of Directors.
303. Organization.
304. General Powers and Duties of the Authority.
305. Staff and Administrative Support; Office Space; Equipment; Information
Technology.
306. Detailed Gaming Regulations.
307. Monitoring and Investigation.
308. Licensing.
309. Compliance Determinations.
310. Independent Audits.
311. Enforcement.
312. Limitations on Actions.
313. Excluded Persons.
314. Regulatory Role.
315. Patron Dispute Resolution.
316. Budget.
317. Legal Counsel.
§ 301. Establishment.
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There is hereby established as an agency of the Band the “Gaming Regulatory Authority,”,
which has the power and duty to regulate gaming matters for the Band as authorized by Band
law.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 11(a).
Band Act 80-23.
§ 302. Board of Directors.
(a)
The Authority shall be managed by a Board of Directors to be known as the
Authority’s “Board.” At all times there shall be at least one (1) Board Member, to be
known as “Member(s),” on the Board from each Band district. The Board shall
consist of five (5) Members appointed in the manner and have the terms provided in
subsection (b).
(b)
Appointments process, terms, and oath of office. Each Member shall be appointed
using the following process.
(1)
The Chief Executive shall nominate two (2) individuals and submit their
names to the Secretary-Treasurer. Within ten (10) calendar days after receipt
of the nominations by the Secretary-Treasurer, the Secretary-Treasurer shall
ratify one (1) of the two (2) nominees to be a Member of the Board. Such
Member shall serve until September 1, 2024. Any subsequent appointment,
other than to fill a vacancy that occurs prior to the end of a term, shall be for
four (4) years.
(2)
Each District Representative shall nominate two (2) individuals and submit
their names to the Chief Executive. Within ten (10) calendar days after receipt
of the nominations by the Chief Executive, the Chief Executive shall ratify
one (1) of the two (2) nominees to be a Member of the Board. Such Members
shall serve until September 1, 2026. Any subsequent appointment, other than
to fill a vacancy that occurs prior to the end of a term, shall be for four (4)
years.
(3)
The Secretary-Treasurer shall nominate two (2) individuals and submit their
names to the Chief Executive. Within ten (10) calendar days after receipt of
the nominations by the Chief Executive, the Chief Executive shall ratify one
(1) of the two (2) nominees to be a Member of the Board. Such Member shall
serve until September 1, 2024. Any subsequent appointment, other than to fill
a vacancy that occurs prior to the end of a term, shall be for four (4) years.
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(c)
(d)
(4)
If the Chief Executive or the Secretary-Treasurer do not ratify one (1) from
any of the nominations sent to them within the time prescribed, then the Band
Assembly shall select such Member by majority vote.
(5)
If any elected official does not submit a nomination within 30 days after a
vacancy has occurred, then the Band Assembly shall nominate two (2)
individuals by majority vote and submit their names to the Chief Executive for
ratification to the Board. The timing and process for such ratification are as
stated in sections 11(b)(1)(A) and (D).
(6)
No member shall take office until swearing to the oath of office pursuant to
2 MLBS § 8.
Qualifications.
(1)
Members shall be adults who are of high moral character and integrity; who
have a reputation for being honest, fair, and objective; and who are recognized
as possessing sound judgment.
(2)
Members may not have been convicted of a felony or any gambling-related
offense. All requisite background investigations shall be performed under the
direction of the Authority’s licensing office.
(3)
No fewer than three (3) Members shall be enrolled members of the Band.
There shall be at least one (1) Board Member from each of the Band’s three
(3) Districts.
(4)
Members may not be employed by any gaming enterprise or gaming
operation, nor may they gamble at any gaming enterprise or gaming operation.
(5)
Members shall be subject to the background investigations and standards for
primary management officials.
Board Officers.
(1)
Officers. The Board shall have a Chairperson, Vice-Chairperson, and
Secretary.
(2)
Selection.
(i)
Chairperson. The Members shall select from among themselves, by
majority vote, a Chairperson. The Chairperson shall serve for a period
of no longer than two (2) years, unless re-appointed by the Board.
(ii)
Vice-Chairperson. The Members shall select from among themselves,
by majority vote, a Vice-Chairperson. The Vice-Chairperson shall
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serve for a period of no longer than two (2) years, unless re-appointed
by the Board.
(iii)
(3)
(4)
Secretary. The Board may select a Member or an employee of the
Authority to act as Secretary of the Board. The Secretary shall serve
for a period of no longer than two (2) years, unless re-appointed by the
Board. An employee acting as Secretary at the request of the Board is
not a Board Member and has no powers of a Member.
Board duties.
(i)
The Chairperson shall preside over meetings of the Board and the
Vice-Chairperson shall preside over meetings of the Board in the
absence of the Chairperson. The Secretary shall record in writing the
minutes of all Board meetings and all official actions taken by the
Authority, and shall notify all persons who, under this chapter, require
notification of such official actions.
(ii)
In carrying out any function under the provisions of this chapter, all
Members shall be governed by the laws of the Band, general policies
of the Authority, and such regulatory decisions, findings, and
determinations as the Authority may by law be authorized to make.
(iii)
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Authority may be submitted to the
Band Assembly by the Chairperson with the prior approval of the
Board.
(iv)
The Chairperson shall delegate authority and assign duties to the
Director of the Office of Gaming Regulation and Compliance
sufficient to aid the Authority in fulfilling its regulatory
responsibilities. Such assignment and delegation shall comply with
this chapter.
(v)
Members shall serve part-time; however, the Board shall meet a
minimum of once per month or more if necessary to fulfill its duties.
(vi)
Members shall attend one (1) or more training seminars or courses
related to gaming regulation per year during their terms of
membership. Such seminars shall be paid by the Authority. Per diem
and other travel expenses shall be paid at the rate of a Senior
Executive Staff Band employee pursuant to 6 MLBS § 1001 et seq.
Vacancies in memberships.
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(5)
(i)
The Chairperson shall notify the Band Assembly and the Chief
Executive of any vacancy on the Board of Directors at least 30 days
prior to the end of a term, or, in circumstances other than the end of a
term, immediately upon the knowledge that a vacancy will occur.
(ii)
If there is a vacancy on the Board, then the vacancy shall be filled in
accordance with subsection (b).
(iii)
Any Member, including the Chairperson, appointed to fill a vacancy
shall serve for the remainder of the term left vacant; however, any
Member may be re-appointed during this time period pursuant to
subsection(b).
Disqualifications from Board membership. The following persons are not
eligible to serve as Board Members:
(i)
Band elected officials and commissioners, while serving as such;
(ii)
current employees of any Band gaming enterprise or gaming
operation;
(iii)
any employee of Corporate Ventures working closely with a Band
gaming enterprise or gaming operation in a manner that gives rise to a
conflict of interest, as determined by the Board;
(iv)
gaming contractors, including any principal of a management or other
contracting company;
(v)
persons ineligible to be key employees or primary management
officials, as determined by the Authority via regulation; and
(vi)
persons who are immediate family members of, or who share a
residence with, any of the above ineligible persons.
(6)
Embezzlement, theft, and money-related or honesty-related offenses.
Persons who have been previously convicted of any felony or misdemeanor
offense of embezzlement, theft, or any other money-related or honesty-related
misdemeanor offense, such as fraud, cannot serve as a Board member.
(7)
Removal from Board membership. Members may be removed by a supermajority vote of four (4) out of five (5) members of the Joint Session of the
Band Assembly. The determination of the Joint Session is final and
unappealable to the District Court.
Historical and Statutory Notes
75
Source:
Band Ordinance 44-03, § 11(b).
Band Act 80-23.
§ 303. Organization.
(a)
Meetings.
(1)
Regular meetings. Regular meetings of the Board shall be held at least
monthly and upon written notice. The dates and forms of regular meetings
shall be set by official action of the Board.
(2)
Special meetings. Special meetings of the Board may be called by the
Chairperson with a minimum of 48 hours written notice to the Board
Members, by the Director with a minimum of 48 hours written notice to the
Chairperson, or by a majority vote of the Board with 48 hours written notice
to the Chairperson.
(3)
Other. Either regular or special meetings may be called by petition of a
majority of a quorum of the Board Members other than the Chairperson upon
48 hours written notice to the Chairperson.
(4)
Alternative meeting arrangements. Regular or special meetings may be
conducted by telephone, video or web conference, or similar means. The
Chairperson must provide the Board Members with 48 hours written notice
prior to convening any meeting under this subsection.
(5)
Consent presumed. A Member’s participation in a meeting described herein
without explicit objection will constitute consent to the manner in which such
a meeting is conducted.
(b)
Quorum. Three (3) Board Members shall constitute a quorum.
(c)
Voting.
(d)
(1)
All actions of the Board shall be taken by majority vote.
(2)
The Chairperson shall vote only in the following circumstances:
(i)
to break a tie; or
(ii)
if necessary, to constitute a quorum in the absence of other Members.
Compensation.
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(1)
Board meetings. Members, including the Chairperson, shall be compensated
with $400.00 per meeting, not to exceed $800.00 in one (1) month, except that
in the case of a demonstrated emergency, the Chairperson may petition the
Secretary-Treasurer for compensation for additional meetings. Mileage and
other travel expenses will be compensated on the same terms and conditions
as apply to Senior Executive Staff appointees as provided by Band law.
(2)
Training. If Members are not Band government employees and are required
to be absent from their employment to attend mandatory training pursuant to
subsection (d)(3)(vi), then Members shall be compensated at their previously
documented hourly rates of pay for each hour that they are in attendance at
such training plus mileage and other travel expenses as stated in paragraph (1)
above. If Members are Band government employees, then absence from
employment will not be deducted from their accrued annual leave and they
will be paid as if they were at work plus expenses as stated in paragraph (1)
above.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 11(c).
Band Act 80-23.
§ 304. Powers and Duties of the Authority.
The Authority shall be responsible for ensuring that all gaming activities on Band lands are
carried out in compliance with the IGRA, Band gaming laws, any tribal-state compacts, and
other applicable law. To this end, the Authority shall exercise regulatory, not operational,
authority over any gaming enterprise or gaming operation and charitable gaming. All
management and operational authority over any gaming enterprise or gaming operation shall
remain with Corporate Ventures separate and distinct from the Authority. The Authority may
retain such consultants and enter into such contracts as it may deem necessary to carry out its
duties as specified in this chapter; however, it shall not hire employees of the Office of Gaming
Regulation and Compliance. In addition, as an agency of Band government, the Authority shall
comply with all Band laws, including Title 7, for all contracts, including professional services
contracts. The Authority may bring such actions as may be necessary to carry out its duties,
including but not limited to the enforcement of this chapter and other Band gaming laws.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 11(c).
Band Act 80-23.
§ 305. Staff and Administrative Support; Office Space; Equipment; Information
Technology.
77
The OGR&C shall provide staff and administrative support, office space, equipment, and
information technology support to the Authority. Any office space, equipment, or information
technology support provided by the OGR&C shall be separate and not under the authority of
Corporate Ventures, except that OGR&C may enter into contractual arrangements with
Corporate Ventures for the provision of any such office space, equipment, or information
technology. Any contracts entered into under this section shall be nominal value and shall not
frustrate the Authority’s ability to carry out its regulatory functions under this chapter.
Historical and Statutory Notes
Source:
Band Act 80-23.
§ 306. Detailed Gaming Regulations.
(a)
Power and duty. The Authority shall have the power and duty to develop, adopt, and
promulgate Detailed Gaming Regulations regarding:
(1)
licensing of gaming enterprises or gaming operation;
(2)
licensing and background investigations of key employees and primary
management officials;
(3)
licensing and background investigations of gaming suppliers;
(4)
conducting annual independent audits of all gaming operations or gaming
enterprise of the Band;
(5)
permitted games and the conduct thereof;
(6)
standards and criteria for gaming machines and for testing machines;
(7)
audio and video surveillance standards;
(8)
minimum internal cash, playing card, chip, and token control standards, and
procedures for gaming operations or gaming enterprise;
(9)
procedures for compliance with the Bank Secrecy Act and applicable
provisions of the Internal Revenue Code;
(10)
resolving gaming-related disputes involving patrons and vendors of any
gaming enterprise or gaming operation, after exhausting all remedies available
at the gaming enterprise or gaming operation;
(11)
charitable gaming as provided in § 103(c) of this chapter;
78
(b)
(12)
the prevention and cure of compulsive gambling as provided in subchapter 8
of this chapter;
(13)
the development and maintenance of a list of excluded persons as provided in
§ 313 of this chapter;
(14)
related reporting, record-keeping, auditing, investigation, and enforcement
procedures;
(15)
dispute resolution procedures, including OGR&C employee appeals;
(16)
reasonable fines and other penalties for violations of this chapter, Band
gaming laws, the IGRA, any tribal-state compacts, and other applicable law;
and
(17)
other activities as required by law.
Rulemaking process. The Authority shall promulgate Detailed Gaming Regulations
authorized by this chapter with or without hearing according to the notice and
comment process specified herein.
(1)
(2)
Notice of intent to adopt. The Authority shall give notice of its intent to
adopt a Detailed Gaming Regulation by posting a copy of the notice on the
Authority’s website; by posting a copy of the notice in the Band Government
Center and the Community Centers in Districts I, II, and III; and by delivering
a copy of the notice by U.S. mail or other appropriate means to the Chief
Executive, the Speaker of the Band Assembly, the Solicitor General, the
Corporate Commissioner, and the manager of any gaming enterprise or
gaming operation. The notice shall include a copy of the proposed regulation
and a description of the nature and effect of the proposed regulation. In
addition, the notice shall include the following statements:
(i)
comments may be submitted on the proposed regulation no later than
30 days from the date of the notice; and
(ii)
the proposed regulation may be modified if supported by the data and
views submitted.
Review; adoption; notice of adoption. The Authority shall review all
comments received during the comment period, shall make such changes to
the proposed Detailed Gaming Regulation as it deems reasonable and
appropriate, and shall approve the regulation by resolution. The regulation
shall not become effective until after the 30-day comment period has
concluded. The Authority shall, by official action, set the effective date of the
regulation and publish and post copies of a notice of adoption of the
79
regulation in the same manner as for the notice of intent to adopt the
regulation. The notice of adoption shall summarize the final regulation and the
changes to the proposed regulation, state the effective date, and announce that
free copies of the regulation are available from the Authority. In addition,
copies of the notice and the final regulation shall be delivered by U.S. mail or
other appropriate means to all persons who were sent a copy of the notice of
intent.
(3)
Adoption is a compliance determination. Approval of any Detailed Gaming
Regulation by the Authority shall be considered a compliance determination
for purposes of effecting an appeal pursuant to subchapter 6 of this chapter.
(4)
Detailed Gaming Regulations. The Authority shall adopt a set of Detailed
Gaming Regulations. Any such gaming regulation may be annulled by statute.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 11(d)(2).
Band Act 80-23.
§ 307. Monitoring and Investigation.
(a)
General. The Authority shall have the power and duty
(1)
to monitor and investigate all gaming enterprises or gaming operations for
compliance with the IGRA, Band gaming laws, any tribal-state compacts, and
other applicable law and to undertake such related investigations and
enforcement actions as it deems necessary, including but not limited to
investigating and evaluating the effectiveness of the Band’s gaming regulatory
system;
(2)
to help resolve all gaming-related patron and vendor complaints that have not
been resolved by agreement of a complainant and the gaming enterprise or
gaming operation;
(3)
to grant, deny, or suspend licenses, prior to levying fines;
(4)
to assure compliance with the rules concerning charitable gaming;
(5)
to assure compliance with compulsive gambling cure and prevention
requirements;
(6)
to develop, maintain, and enforce a list of persons to be excluded from gaming
enterprises or gaming operations; and
80
(7)
to take any and all other similar action it deems to be necessary or desirable to
carry out the powers and duties granted by this section.
(b)
Scope of investigations and related activities. Any investigations and related
activities, including but not limited to electronic and non-electronic searches of credit
histories, arrests, and judgements, and electronic surveillance shall be strictly limited
to official Authority duties under law. All such investigations and related activities
may be undertaken only after review by legal counsel that the scope and subject of
any such activities complies with this chapter and other applicable law. Individuals
who perform investigations and related activities outside the scope of this chapter and
other applicable law are subject to immediate dismissal and reasonable fines.
(c)
Access. The Authority shall have access to all books, files, records, reports, and other
data regarding the operation of all gaming enterprises or gaming operations, whether
in written or electronic form, as it deems necessary or desirable to carry out its
legitimate regulatory duties as determined by the Authority.
(d)
Surveillance. The surveillance department shall be under the control and supervision
of the Authority; however, a gaming enterprise or gaming operation shall have access
to electronic surveillance output as further defined in the Detailed Gaming
Regulations.
(e)
Cooperation of the gaming enterprises or gaming operations with the Authority.
The Authority may:
(f)
(1)
require associates of any gaming enterprise or gaming operation to compile
and provide such data and to testify as to matters within their knowledge
concerning the operation of the gaming enterprise or gaming operation; and
(2)
require the associates of any company that is managing a gaming enterprise or
gaming operation on behalf of Corporate Ventures, or any other person within
the jurisdiction of the Band, to comply and provide such data and to testify as
to matters within their knowledge concerning the operation of the gaming
enterprise or gaming operation. The Authority may utilize licensing actions,
reasonable fines, and any other enforcement powers vested to the Authority
within this section to ensure cooperation.
Due process protections. Nothing in this chapter waives or diminishes any gaming
enterprise’s or gaming operation’s or individual’s right to due process and equal
protection of the laws.
Historical and Statutory Notes
Source:
Band Ordinance 44-03, § 11(d)(3).
Band Act 80-23.
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§ 308. Licensing.
(a)
General. The Authority shall promulgate Detailed Gaming Regulations for granting,
suspending, and revoking licenses, which are consistent with Band law, the IGRA,
and any tribal-state compacts regarding matters of licensure.
(b)
Minimum licensing requirements. It is the policy of the Band that all gaming
activities and enterprises or operations be licensed and controlled so as to protect the
morals, good order, and welfare of Band members and other persons on Band lands
and to preserve the honesty, fairness, and integrity of such gaming activities.
Accordingly, no person shall engage in any class II or class III gaming activities on
Band lands without an appropriate and valid independent class II or class III license
issued by the Authority. In addition, the Authority shall issue a separate license to
each place, facility, or location on Band lands where the Band elects to allow class II
or class III gaming. The Authority shall perform background investigations and issue
licenses for key employees and management officials according to requirements that
are at least as stringent as those in 25 C.F.R. §§ 556 and 558 which are hereby
incorporated into this chapter, unless otherwise superseded pursuant to an agreement
with the NIGC. No license shall be issued that would place the Band in violation of
applicable law or any tribal-state compacts.
(c)
Mandatory licensing application provisions and procedures.
(1)
Notices to applicants.
(i)
Privacy notice. The Authority shall place the following notice on the
application form for a key employee or a primary management official
before that form is filled out by an applicant:
In compliance with the Privacy Act of 1974, the following information
is provided: Solicitation of the information on this form is authorized
by 25 U.S.C. § 2701 et seq. The purpose of the requested information
is to determine the eligibility of individuals to be granted a gaming
license. The information will be used by the Mille Lacs Band Gaming
Regulatory Authority and by the National Indian Gaming Commission
members and staff who have need for the information in the
performance of their official duties. The information may be disclosed
by the Mille Lacs Band or NIGC to appropriate federal, tribal, state,
local, or foreign law enforcement and regulatory agencies when
relevant to civil, criminal, or regulatory investigations or prosecutions
or when pursuant to a requirement by a tribe or the National Indian
Gaming Commission in connection with the issuance, denial, or
revocation of a gaming license, or investigations of activities while
associated with a tribe or a gaming operation or gaming enterprise.
Failure to consent to the disclosures indicated in this notice will result
82
in the Mille Lacs Band being unable to license you for a primary
management official or key employee position.
The disclosure of your Social Security Number is voluntary. However,
failure to provide a Social Security Number may result in errors in
processing your application.
(ii)
The Authority shall place the following notice on the application form
for a key employee or a primary management official before that form
is completed by any applicant.
A false statement on any part of your license application may be
grounds for denying a license or the suspension or revocation of a
license. Also, you may be punished by fine or imprisonment (18 U.S.C.
§ 1001).
(iii)
(iv)
(2)
Upon enactment of this chapter, the Authority shall notify in writing
existing key employees and primary management officials that they
shall either:
(A)
complete a new application form that contains the notice stated
in § 308(c)(ii) above; or
(B)
sign a statement that contains the notice stated in § 308(c)(ii)
above and consent to the routine uses described in that notice.
If there exist any key employees or primary management officials who
have completed forms which did not contain the notice stated in clause
(ii) above, then the Authority shall notify in writing such employees
and officials that they shall either:
(A)
complete a new application form that contains a notice
regarding false statements; or
(B)
sign a statement that contains the notice regarding false
statements.
Information required from an applicant. Each application for key
employees and primary management officials shall request from each
applicant the following information set forth at 25 C.F.R. § 556.4(a)(1) – (14):
(i)
full name, other names used (oral or written), Social Security
Number(s), birth date, place of birth, citizenship, gender, and all
languages (spoken or written);
83
(ii)
current and the previous five (5) years of business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and driver’s license numbers;
(iii)
the names and current addresses of at least three (3) personal
references, including one (1) personal reference who was acquainted
with the applicant during each period of residence listed under clause
(ii) above;
(iv)
current business, residence, and all mobile phone numbers;
(v)
a description of any existing and previous business relationships with
Indian tribes, including ownership interests in those businesses;
(vi)
a description of any existing and previous business relationships with
the gaming industry generally, including ownership interests in those
businesses;
(vii)
the name and address of any licensing or regulatory agency with which
the person has filed an application for a license or permit related to
gaming, whether or not such license or permit was granted;
(viii) for each felony for which there is an ongoing prosecution or a
conviction, the charge, the name, and address of the court involved,
and the date and disposition, if any;
(ix)
for each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations) within ten (10) years
of the date of the application, the name and address of the court
involved, and the date of disposition, if any;
(x)
for each criminal charge (excluding minor traffic charges) whether or
not there is a conviction, if such criminal charge is within ten (10)
years of the date of the application and is not otherwise listed pursuant
to clauses (viii) or (ix) above, the criminal charge, the name address of
the court involved, and the date of disposition, if any;
(xi)
the name and address of any licensing or regulatory agency with which
the person has filed an application for an occupational license or
permit, whether or not such license or permit was granted;
(xii)
a current photograph;
(xiii) any other information the Authority deems relevant; and
84
(xiv)
fingerprints consistent with procedures adopted by the Band according
to 25 C.F.R. § 522.2(g).
(3)
Background investigations. The Authority shall perform a background
investigation for each primary management official and key employee in the
gaming operation or gaming enterprise. The investigation must be sufficient to
allow the Authority to make an eligibility determination under this section.
The Authority is responsible for conducting the background investigations of
primary management officials and key employees. The background
information shall include a review of criminal history records information
maintained by the Federal Bureau of Investigations.
(4)
Mandatory licensing procedures.
(i)
Fingerprints. Fingerprints of each applicant for the position of key
employee or primary management official will be taken by the
OGR&C and sent to either Minnesota Alcohol and Gambling
Enforcement or the NIGC for a check of criminal history records
maintained by the Federal Bureau of Investigations.
(ii)
File retention. When the Authority licenses a primary management
official or key employee, the Authority shall maintain the information
listed in § 308(c)(2) of this chapter.
(iii)
Confidentiality of interviewees. The Authority and its investigators
shall keep confidential the identity of each person interviewed in the
course of conducting a background investigation.
(iv)
Investigative reports.
(v)
(A)
The Authority shall create and maintain an investigative report
for each background investigation of a primary management
official or key employee.
(B)
Investigative reports shall include all of the following
information:
(I)
Steps taken in conducting the background investigation;
(II)
results obtained;
(III)
conclusions reached; and
(IV)
the bases for those conclusions.
Eligibility determinations.
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(vi)
(A)
Before a license is issued to a primary management official or
key employee, the Authority shall make a finding concerning
the eligibility of that person for receiving a gaming license by
reviewing the applicant’s prior activities; criminal record, if
any; and reputation, habits, and associations.
(B)
If the Authority, in applying the standards adopted herein,
determines that licensure of the person poses a threat to the
public interest or to the effective regulation of gaming, or
creates or enhances the dangers of unsuitable, unfair, or illegal
practices, methods, or activities in the conduct of gaming, he or
she shall not license that person in a key employee or primary
management official position.
(C)
Copies of the eligibility determination shall be included with
the notice of results that must be submitted to the NIGC before
the licensing of a primary management official or key
employee.
Notice of results of background investigations.
(A)
Before issuing a license to a primary management official or
key employee, the Authority shall prepare a notice of results of
the applicant’s background investigation to submit to the
NIGC.
(B)
The notice of results must be submitted to the NIGC no later
than 60 days after the applicant begins working for any gaming
enterprise or gaming operation.
(C)
The notice of results shall include the following information:
(I)
the applicant’s name, date of birth, and Social Security
Number;
(II)
the date on which the applicant began, or will begin,
working as a primary management official or key
employee;
(III)
a summary of the information presented in the
investigative report, including licenses that have
previously been denied, gaming licenses that have been
revoked, even if subsequently reinstated, every known
criminal charge bought against the applicant within the
preceding ten (10) years of the date of the application,
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and every felony offense of which the applicant has
been convicted or any ongoing prosecution; and
(IV)
(vii)
a copy of the eligibility determination made in
accordance with § 308(c)(4)(v) of this chapter.
Granting a gaming license.
(A)
All primary management officials and key employees of the
gaming operation or gaming enterprise must have a gaming
license issued by the Band.
(B)
The Authority is responsible for granting and issuing gaming
licenses to primary management officials and key employees.
(C)
The Authority may license a primary management official or
key employee applicant after submitting a notice of results of
the applicant’s background investigation to the NIGC, as
required by § 308(c)(4)(vi) of this chapter.
(D)
The Authority shall notify the NIGC of the issuance of a
license to a primary management official or key employee
within 30 days of issuance.
(E)
The Band shall not employ an individual in a primary
management official or key employee position who does not
have a license after 90 days of beginning work at the gaming
operation or gaming enterprise.
(F)
The Authority must reconsider a license application for a
primary management official or key employee if it receives a
statement of itemized objections to issuance of such a license
from the NIGC and those objections are received within 30
calendar days of the NIGC receiving a notice of results of the
applicant’s background investigation.
(G)
The Authority shall take the NIGC’s objections into account
when reconsidering a license application.
(H)
The Authority will make the final decision whether to issue a
license to an applicant for a primary management official or
key employee position.
(I)
If the Authority has issued a license to a primary management
official or key employee before receiving the NIGC’s
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statement of objections, notice and a hearing shall be provided
to the licensee, as required by § 308(c)(4)(ix) of this chapter.
(viii) Denial of gaming licenses.
(A)
(B)
(ix)
The Authority shall not license a primary management official
or key employee if the Authority determines, in applying the
standards in this section for making a license eligibility
determination, that licensing the person:
(I)
poses a threat to the public interest;
(II)
poses a threat to the effective regulation of gaming; or
(III)
creates or enhances the dangers of unsuitable, unfair, or
illegal practices, methods, or activities in the conduct of
gaming.
When the Authority does not issue a license to an applicant for
a primary management official or key employee position, or
revokes a previously issued license after reconsideration, it
shall:
(I)
notify the NIGC; and
(II)
forward copies of its eligibility determination and
notice of results of the applicant’s background
investigation to the NIGC for inclusion in the Indian
Gaming Individuals Record System.
Gaming license suspensions and revocations.
(A)
If, after a license is issued to a primary management official or
a key employee, the Authority receives notice from the NIGC
that the primary management official or key employee is not
eligible for employment, the Authority shall do the following:
(I)
immediately suspend the license;
(II)
provide the licensee with written notice of the
suspension and proposed revocation; and
(III)
provide the licensee with notice of a time and place for
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