The Legislative Branch is pleased to provide an updated publication of the Laws of the NonRemovable Mille Lacs Band of Chippewa Indians. These statutes belong to the People and are (2020)

Tribal code

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What actually matters in this document.

Text

Laws of the

Non-Removable

Mille Lacs Band of

Chippewa Indians

Foreword

The Legislative Branch is pleased to provide an updated publication of the Laws of the NonRemovable Mille Lacs Band of Chippewa Indians. These statutes belong to the People and are

the result of many years of hard work by dedicated individuals in collaboration with elected

leaders. The lawmaking process is one of negotiation, review, rewrites, deliberation, and, yes,

politics. But these statutes lay the foundation to govern independently and promote our

sovereignty as a People.

The Legislative Branch is taking on the task of regular publication of statutes, routine

notification to Band membership, and the creation of a Revisor’s Office. Since the most recent

publication of Band Statutes in 2006, one title has been repealed (Title 25), two titles have been

adopted (Titles 26 and 27), and several titles have been amended by way of ordinance. Thus,

Band Statutes are fluid in nature and will need constant review by Band members and elected

leaders.

According to 4 MLBS § 18(e), only the Band’s Solicitor General may “certify to the ordinances

of Band government and codify said ordinances into Band Statutes.” The Solicitor General has

recently issued Certificates of Correctness for Titles 5, 6, 16, 18, 24, 26, and 27. As of

November 9, 2020, the titles contained herein are the most current versions known to the

Legislative Branch. As more laws are passed and Certificates of Correctness are issued, official

titles will be uploaded to the Band’s website.

We all have a duty to read and know these words, to disagree and second-guess, to recognize and

abide by, to make ongoing changes, and to propose the creation of entirely new bodies of law to

meet the times we live in. Thank you to all Legislative staff, past and present, who have been

instrumental in the exercise of our tribal sovereignty. But the ultimate thank you is to the People

of the Band from whom the Legislative Branch derives its power. We must never forget that the

inherent power to make law comes only from the People.

Miigwech,

Sheldon Boyd

Speaker of the Assembly

November 9, 2020

Table of Contents

TITLE 1 - CIVIL RIGHTS CODE ............................................................................................. 5

TITLE 2 - BAND GOVERNMENTAL POWER AND SOVEREIGNTY ............................ 11

TITLE 3 - LEGISLATIVE BRANCH ...................................................................................... 49

TITLE 4 - EXECUTIVE BRANCH .......................................................................................... 66

TITLE 5 - JUDICIAL BRANCH .............................................................................................. 86

TITLE 6 - GOVERNMENT EMPLOYEES .......................................................................... 106

TITLE 7 – PROCUREMENT.................................................................................................. 140

TITLE 8 - CHILDREN AND FAMILIES .............................................................................. 165

TITLE 9 - EDUCATION.......................................................................................................... 388

TITLE 10 - CULTURAL RESOURCES ................................................................................ 401

TITLE 11 - ENVIRONMENT, NATURAL RESOURCES, ANIMALS AND

PLANTS ................................................................................................................ 443

TITLE 12 - HOUSING ............................................................................................................. 683

TITLE 13 - UTILITIES ........................................................................................................... 705

TITLE 14 - CAPITAL IMPROVEMENTS ........................................................................... 733

TITLE 15 – GAMING REGULATORY ACT ....................................................................... 741

TITLE 16 - CORPORATIONS ............................................................................................... 794

TITLE 17 – BANKS AND BANKING .................................................................................... 832

TITLE 18 - COMMERCIAL PRACTICES ........................................................................... 838

TITLE 19 - MOTOR VEHICLES ........................................................................................... 902

TITLE 20 - WATERCRAFT ................................................................................................... 956

TITLE 21 – REAL AND PERSONAL PROPERTY ............................................................. 981

TITLE 22 - TAXATION ........................................................................................................ 1031

TITLE 23 - PROHIBITED DRUGS ..................................................................................... 1077

TITLE 24 - JUDICIAL PROCEEDINGS ............................................................................ 1082

TITLE 25 – [REPEALED] ..................................................................................................... 1208

TITLE 26 – COMPENSATION OF ELECTED OFFICIALS ........................................... 1208

TITLE 27 – EMERGENCY MANAGEMENT .................................................................... 1215

TITLE 1 – CIVIL RIGHTS CODE

Section

1. Freedom of Religion, Speech and Press; Right to Assemble and Petition.

2. Searches and Seizures.

3. Prohibition Against Double Jeopardy.

4. Self-Incrimination in Criminal Proceeding.

5. Expropriation of Private Property.

6. Individual Rights During Judicial Proceedings.

7. Bails, Fines and Penalties.

8. Equal Protection and Due Process of Law.

9. Bills of Attainder, Ex Post Facto Laws, and Laws Impairing Obligations of Contracts.

10. Rights to Trial by Jury.

11. Habeas Corpus.

12. Presumption of Innocence.

13. Protection for Cultural Values.

14. Fundamental Principles.

15. Compensation for Unlawful Taking of Band Lands.

Historical and Statutory Notes

The Preamble of Band Statute 1140-MLC-1 provides: “It is enacted by the Band Assembly of the Mille

Lacs Band of Chippewa Indians for the purpose of establishing basic human rights under law for the

Band and all persons under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa

Indians.”

The Preamble of Ordinance 21-10, entitled “An ordinance amending 1 MLBSA sec. 1 to exclude all

Tribal political campaign activity in all government building and government owned businesses,”

provides: “It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of

amending Section 1 of Title 1 of the Mille Lacs Band Statutes Annotated to exclude political campaign

activity in all government buildings and government owned businesses.”

Cross References

Band employees, civil rights, see 6 MLBS § 7.

Criminal procedure, rights of defendant, see 24 MLBS § 4004.

Juvenile delinquency, rights of accused, see 24 MLBS § 4302. Rights of members,

see Const. Art. 13.

§ 1. Freedom of Religion, Speech and Press; Right to Assemble and Petition.

(a)

The Band Assembly for the Non-Removable Mille Lacs Band of Chippewa Indians

in exercising the powers of self-government shall make no law which prohibits the

free exercise of religion or abridges the freedom of speech or of the press and to

petition for a redress of grievances.

(b)

The Band Assembly for the Non-Removable Mille Lacs Band of Chippewa Indians

in exercising the powers of self-government shall make no law which prohibits the

rights of the people to peaceably assemble, however, no Tribal political campaign

activity shall be permitted in any government building or any government owned

business except for the purpose of a government sponsored candidate forum, where

all candidates for band elected office are given the option to participate.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 1.

Band Ordinance 21-10, § 1.

Cross References

Nay-Ah-Shing School, sectarian materials or teaching, see 9 MLBS § 24.

§ 2. Searches and Seizures.

All persons within the territories under the jurisdiction of the Non-Removable Mille Lacs Band

of Chippewa Indians have the right to be secure in their persons, houses, papers and effects

against unreasonable search and seizures. Any warrant shall be issued by a justice of the Court

of Central Jurisdiction and shall be founded upon probable cause supported by oath or

affirmation, shall describe with particularity the place to be searched and the person or thing to

be seized.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1. § 2.

Cross References

Historical preservation, civil penalties, see 10 MLBS § 603.

Juvenile justice, warrants, see 8 MLBS § 102.

Motor vehicles, seizure and confiscation of certain substances and vehicles in which they are found, see

19 MLBS § 503.

Natural Resource Officers, searches, inspections and seizures, see 11 MLBS §§ 2606 to 2608.

Peaceful possession of property, see 24 MLBS § 203.

Searches and seizures, criminal procedure, see 24 MLBS § 4107 et seq.

Trespass, seizure of vehicles, equipment or goods, see 21 MLBS § 207.

Watercraft, seizure and confiscation of certain substances and vessels in which they are found, see 20

MLBS § 405.

§ 3. Prohibition Against Double Jeopardy.

No person shall be subjected, for the same offense, to be twice put in jeopardy by the Court of

Central Jurisdiction for the commission of a crime within the territories governed by the NonRemovable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 3.

§ 4. Self-incrimination in Criminal Proceeding.

No person shall be compelled in any criminal case in the Court of Central Jurisdiction to be a

witness against himself.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 4.

Cross References

Basic rights of children taken into custody, see 8 MLBS § 105.

Gasoline and petroleum products excise tax, immunity from prosecution based on testimony, see 22

MLBS § 311.

Notification of rights at time of arrest, see 24 MLBS § 4106.

Sales and use taxes, immunity from prosecution for testimony, see 22 MLBS § 512.

Tobacco products excise taxes, immunity from prosecution based on testimony, see 22 MLBS § 218.

§ 5. Expropriation of Private Property.

The Non-Removable Mille Lacs Band of Chippewa Indians shall not confiscate any private

property for public use without just compensation.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 5.

§ 6. Individual Rights During Judicial Proceedings.

All persons in any criminal or civil proceeding of the Non-Removable Mille Lacs Band of

Chippewa Indians shall be accorded the right to a speedy and public trial, be informed of the

nature and cause of the accusation, be confronted with the witnesses against him, have a

compulsory process of obtaining witnesses in his or her favor, and at his or her own expense, to

have the assistance of counsel for his or her defense.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 6.

Cross References

Basic rights of children taken into custody, see 8 MLBS § 105.

Child care staff, abuse or neglect of children, see 8 MLBS § 1207.

Human Resources Division cases, informing minor or parents of rights, see 8 MLBS § 11.

Indian employment rights hearings, see 18 MLBS § 423.

Legal responsibilities of Solicitor General in capacity of prosecutor, see 4 MLBS § 20.

Notification of rights at time of arrest, see 24 MLBS § 4106.

§ 7. Bails, Fines and Penalties.

The Court of Central Jurisdiction in and for the Non-Removable Mille Lacs Bands of Chippewa

Indians, in the exercise of judicial authority, shall issue no order which establishes excessive

bail, imposes excessive fines, inflicts cruel and unusual punishments and in no event imposes for

conviction of any one offense any penalty or punishment greater than imprisonment for a term

of one year or a fine of $5,000.00 or both.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 8.

Cross References

Bail, see 24 MLBS §§ 4156, 4157.

Sentence, see 24 MLBS § 4251 et seq.

§ 8. Equal Protection and Due Process of Law.

All persons within the territorial jurisdiction of the Non-Removable Mille Lacs Bands of

Chippewa Indians shall be accorded the equal protection of the Band's laws and no person shall

be deprived of liberty or property without due process of law.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 8.

Cross References

Basic rights of children taken into custody, see 8 MLBS § 105.

Child care staff, abuse or neglect of children, see 8 MLBS § 1207.

Creditors' remedies, due process, see 24 MLBS § 3301.

Deputy Registrar of Motor Vehicles, removal, see 19 MLBS § 10.

Historical preservation, civil penalties, see 10 MLBS § 603.

Human Resources Division cases, informing minor or parents of rights, see 8 MLBS § 11.

Indian employment rights hearings, see 18 MLBS § 423.

Justices or Judges, removal or discipline, see 5 MLBS § 11.

Peaceful possession of property, see 24 MLBS § 203.

Solicitor General, legal responsibilities in capacity of prosecutor, see 4 MLBS § 20.

§ 9. Bills of Attainder, Ex Post Facto Laws, and Laws Impairing Obligations of Contracts.

The Band Assembly in and for the Non-Removable Mille Lacs Band of Chippewa Indians, shall

pass no bill of attainder or approve any ex post facto law, or any law impairing the obligations of

contracts. A bill of attainder is a law which imposes non-judicial punishment on a specifically

identified individual without affording him or her a judicial trial.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 9.

§ 10. Rights to Trial by Jury.

All persons accused of an offense within the territorial jurisdiction of the Non-Removable Mille

Lacs Band of Chippewa Indians which is punishable by imprisonment of not more than one

year, shall have the right, upon request, to a trial by jury of not less than six persons.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 10.

Cross References

Criminal procedure, jury trial see 24 MLBS § 4201.

Trial by jury, generally, see 24 MLBS § 2014.

§ 11. Habeas Corpus.

The privilege of the writ of habeas corpus from the Court of Central Jurisdiction, the

United States District Court for the District of Minnesota or the Eighth Circuit Court of Appeals

or the United States Supreme Court shall be available to all persons whose liberties have been

restricted under the laws of the Non-Removable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 10.01.

§ 12. Presumption of Innocence.

In any criminal legal proceeding each person shall be presumed innocent until proven guilty.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 11.

§ 13. Protection for Cultural Values.

The Band Assembly for the Non-Removable Mille Lacs Band of Chippewa Indians shall in all

its actions seek to preserve and protect the official language of the Band as Ojibwe, the official

religion of the Band as Me da win, and protect the Band's aboriginal rights and sovereignty, as

well as the unwritten customs and traditions of the Band.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 12.

Cross References

Derivation of political powers, see 2 MLBS § 1.

Treaty rights, see 2 MLBS § 1001 et seq.

§ 14. Fundamental Principles.

The rights herein enumerated are basic human rights essential to the security of the Band and

individual freedoms and the continued peace and friendship between the Non-Removable Mille

Lacs Band of Chippewa Indians and the United States of America as established in the Treaties

of 1837, 1842, 1855, 1863, and 1864.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-l, § 13.

§ 15. Compensation for Unlawful Taking of Band Lands.

The Band Assembly hereby declares that the only means of compensation which are acceptable

for unlawful taking of Band lands by other governments, persons or corporations shall be land

and, furthermore, this land shall be equal in nature, value and all other respects to those lands

that were subject of unlawful taking.

Historical and Statutory Notes

Source:

Band Statute 1140-MLC-1, § 14.

TITLE 2 - BAND GOVERNMENTAL POWER

AND SOVEREIGNTY

Chapter

1. General Provisions

2. Treaty Rights

3. Intergovernmental Relations

4. Exclusion and Removal

Section

1001

2001

3001

Historical and Statutory Notes

The Preamble of Band Statute 1141-MLC-2 provides: "WHEREAS, in 1981, the Non-Removable Mille

Lacs Band of Chippewa Indians, in a historic step, adopted a form of government based on the principle

of division of powers, and,

"WHEREAS, that form of government has proven to be highly satisfactory, but experience with the large

body of law which was necessary to establish the system has revealed a number of flaws and ambiguities,

and,

"WHEREAS, the Band Assembly has determined to improve Band government by

adopting an entire Code of government, revising and replacing the former Code, NOW THEREFORE, IT

IS ENACTED BY THE BAND ASSEMBLY:"

Band Statute 1141-MLC-2, §§ 1 and 2 provide: "Section 1. Purpose. The purpose of this act is to promote

the general welfare of the Non-Removable Mille Lacs Bands of Chippewa Indians and its members by

establishing duties, purposes and procedures for the conduct of domestic and external affairs of the Band

by a form of government based upon the principle of division of powers. This statute is enacted by the

authority vested in the Mille Lacs Reservation Business Committee under Article VI, Section 1 of the

Constitution of the Minnesota Chippewa Tribe. "Section 2. Scope of Amending Provision. Band Statutes

1001-MLC-l, 1002-MLC-02, 1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-l, 1033-MLC-l,

1037-MLC-2, 1039-MLC-1, 1063-MLC-5 are hereby repealed in their entirety and replaced by the

provisions of this act, except that: "Section 2.01. The provisions of Band Statute 1032-MLC-l, Section 28,

relating to the authorities of the Commissioner of Corporate Affairs shall be transferred and hereinafter

referenced by Band Statute 1077-MLC-l6, Section 5.

"Section 2.02. The provisions of Band Statutes 1032-MLC-1, Section 29, relating to the authorities of the

Commissioner of Natural Resources shall be transferred and hereinafter referenced by Band Statute 1030MLC-22, Section 32."

The Title of Band Ordinance 40-03 is “An Ordinance to Increase the Geographic Jurisdiction for Housing

Renovation Services.”

The Preamble of Band Ordinance 40-03 provides: “It is enacted by the Band Assembly of the Mille Lacs

Band of Ojibwe to increase the Geographic Jurisdiction for Housing Renovation Services.”

Sections 1, 2 and 5 of Band Ordinance 40-03 provide: “Section 1. Title 2 Mille Lacs Band Statutes

Annotated section 10 (referred to in this Act as 2 MLBS sec. 10), “Geographical Jurisdiction for

Services” is repealed by this Act and replaced as follows.

“Section 2. 2 MLBS sec. 10(a) shall be as stated in Section 3 of this Act and 2 MLBS sec. 10(b) shall be

as stated in Section 4 of this Act.

“Section 5. The effective date of this law is October 1, 2002.”

CHAPTER 1

GENERAL PROVISIONS

Section

1. Derivation of Powers.

2. Written and Unwritten Laws.

3. Division of Powers.

4. Functions of Governmental Authority.

5. Sovereign Immunity.

6. Official Seal.

7. Contracts with Band.

8. Official Oath of Office

9. Code of Ethics.

10. Geographical Jurisdiction for Services.

11. Designation of Band Districts.

12. Waiver for Special Dispensation.

Historical and Statutory Notes

The Title of Band Ordinance 40-03 is “An Ordinance to Increase the Geographic Jurisdiction for Housing

Renovation Services.”

The Preamble of Band Ordinance 40-03 provides: “It is enacted by the Band Assembly of the Mille Lacs

Band of Ojibwe to increase the Geographic Jurisdiction for Housing Renovation Services.”

Sections 1, 2 and 5 of Band Ordinance 40-03 provide: “Section 1. Title 2 Mille Lacs Band Statutes

Annotated section 10 (referred to in this Act as 2 MLBS sec. 10), “Geographical Jurisdiction for

Services” is repealed by this Act and replaced as follows.

“Section 2. 2 MLBS sec. 10(a) shall be as stated in Section 3 of this Act and 2 MLBS sec. 10(b) shall be

as stated in Section 4 of this Act.

“Section 5. The effective date of this law is October 1, 2002.”

The Title of Band Ordinance 11-04 is “An Ordinance to Increase the Geographical Jurisdiction for

administering Temporary Assistance to Needy Families (TANF).”

The Preamble of Band Ordinance 11-04 provides: “It is enacted by the Band Assembly of the NonRemovable Mille Lacs Band of Ojibwe to increase the Geographical Jurisdiction for administering

TANF.”

Section 1 of Band Ordinance 11-04 provides: “Title 2 Mille Lacs Band Statutes Annotated section 10 is

amended as follows in section 2.”

Cross References

Construction and interpretation of this Chapter and Title 3, see 3 MLBS §§ 29, 30.

§ 1. Derivation of Powers.

All political powers of the Non-Removable Mille Lacs Bands of Chippewa Indians derive from

the aboriginal rights of the Band comprised of the Non-Removable Sandy Lake Band of

Chippewa Indians, the Rice Lake Band of Chippewa Indians, Snake River Chippewa Indians and

the Kettle River Band of Chippewa Indians, and the inherent and aboriginal rights of the people

of the Band to self-government. Some of these rights have been delegated to establish a

constitutional form of government in which the Constitution of the Minnesota Chippewa Tribe is

the supreme law of the Band. The Band has reserved to itself, however, the power to maintain a

Band government which may enact laws to preserve the sovereignty of the Band and to promote

and maintain individual rights and promote the general welfare of the people of the Band.

Historical and Statutory Notes

Source: Band Statute 1142-MLC-2, § 3.

Cross References

Protection for cultural values, see 1 MLBS § 13.

§ 2. Written and Unwritten Laws.

All the organs of Band government are subject to written laws, consistent with the authority

delegated by the constitution and unwritten laws based upon the customs and traditions of our

Band since time immemorial.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-2, § 3.01.

§ 3. Division of Powers.

To accomplish a fair and just exercise of authorities conferred by the people in the Constitution,

the authorities of government shall be balanced by dividing such authorities so that no one

person or governmental entity shall have absolute power.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-2, § 3.02.

Cross References

Band Assembly District Representatives, prohibition against exercising Executive or Judicial powers, see

3 MLBS § 8.

Joint Session of the Band Assembly, see 3 MLBS § 24.

Solicitor General, investigations and prosecutions against members of all three branches, see 24 MLBS §

1054.

§ 4. Functions of Governmental Authority.

The authority of government conferred pursuant to Articles I, VI and XIII of the Constitution of

the Minnesota Chippewa Tribe is hereby divided into three functions. The three functions of our

Band government shall be executive, legislative and judicial.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-2, § 4.

Cross References

Executive political authority, see 4 MLBS § 2.

Joint Session of the Band Assembly, see 3 MLBS § 24.

Judicial authority, see 5 MLBS § 101

Legislative political authority, see 3 MLBS § 1.

§ 5. Sovereign Immunity.

(a)

The Band Assembly shall direct by law, in what manner, and in what courts, suits

may be brought against the Non-Removable Mille Lacs Bands of Chippewa Indians.

Except as specifically authorized by Band Statute, the Non-Removable Mille Lacs

Bands of Chippewa Indians shall not be subject to suit in any court of competent

jurisdiction without its express written consent to such suit. The sovereign immunity

of the Non-Removable Mille Lacs Bands of Chippewa Indians shall apply unless

expressly waived by Band statute.

(b)

Under no circumstances or matters of material fact shall the Band Assembly waive

sovereign immunity for the provisions of services to members of the Non-Removable

Mille Lacs Band of Chippewa Indians, when said members as citizens of the state of

Minnesota meet eligibility guidelines to receive said services. Any said official of the

Band shall have no authority, upon his authorization of any contractual document to

consent, on behalf of the Band to suit in any court of competent jurisdiction or to

submit to any binding arbitration utilizing the civil rules of procedure of the United

States of America or the state of Minnesota in any dispute which involves the Band.

Therefore, the appearance of any signature of any official of the Non-Removable

Mille Lacs Band of Chippewa Indians to any contractual document shall be valid only

for the purposes of implementing the Indian Self Determination and Education

Assistance Act of 1975, Public Law 93-638 (25 U.S.C.A. § 450 et seq.) by providing

assistance to Indians from Indians. The foregoing shall be liberally construed so as to

effectuate the purposes thereof.

Historical and Statutory Notes

Source:

Band Statute 1085-MLC-37, § 75.01.

Band Statute 1142-MLC-2, § 30.

§ 6. Official Seal.

The Official Seal of the Non-Removable Mille Lacs Band of Chippewa Indians shall be affixed

to all official documents of the Executive and Legislative Branches of government for the NonRemovable Mille Lacs Bands of Chippewa Indians. Any document of the Executive or

Legislative Branch that is required to possess the Official Seal affixed shall have no force or

effect and no weight in law until such time as the Seal is affixed.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-2, § 35.

§ 7. Contracts with Band.

All contractual or other types of agreements, regardless of subject matter shall be executed on

lands under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians and

contain the official seal of the Band to be of any force and effect in any court of law. All said

contract or contracts entered into in violation of this Section shall be of no force or effect.

Historical and Statutory Notes

Source:

Band Statute 1085-MLC-37, § 75.

Cross References

Contracts with Indian tribes, see 25 U.S.C.A. § 81 et seq.

§ 8. Official Oath of Office.

The Chief Justice, or any other Justice of the Court of Central Jurisdiction, before the Band

Assembly shall administer the official Oath of Band Office to all popularly-elected leaders of

the Band and to any appointee of the Band. The Oath shall be: "I, (name of officer), do hereby

swear that I will support, honor and protect the Constitution of the Minnesota Chippewa Tribe,

the Constitution of the United States of America, and the laws of the Non-Removable Mille

Lacs Band of Chippewa Indians, and I will protect the rights of Band members and others under

the jurisdiction of the Non-Removable Mille Lacs Bands of Chippewa Indians, and I will

faithfully and impartially discharge the duties of the office to which I hold to the best of my

judgment and ability, so help me gi chi ma ni do.

Historical and Statutory Notes

Source: Band Statute 1142-MLC-2, § 34.

Cross References

Federation Cultural Resources Board, oath of office, see 10 MLBS § 106.

Oath for Band offices, see 5 MLBS § 15.

9. Code of Ethics.

The Band Assembly shall establish by law a code of ethics to govern the behavior of all elected

and appointed officers of the Non-Removable Mille Lacs Bands of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-2, § 18.

Cross References

Recall of appointed officials, violations of code of ethics, see 4 MLBS § 15.

§ 10. Geographical Jurisdiction for Services.

(a)

General Geographic Service Area. Enrolled members of the Non-Removable Mille

Lacs Band of Ojibwe who reside on trust and/or allotted land or who reside within a

thirty-mile radius of such trust and/or allotted land shall be entitled to participate in

the Cultural, Natural Resources, Economic, Social, Educational, Health and General

Welfare Resources of the Band Government as authorized by Article XIII of the

Constitution of the Minnesota Chippewa Tribe.

(b)

Geographical Service Area for Housing Renovations. The Geographical Service

Area for Housing Renovation Services shall be any place in the State of Minnesota

and on any other lands which are located within fifty (50) miles of Mille Lacs Band

trust or allotted lands.

(c)

Geographical Service Area for administering TANF. The Geographical Service

Area for administering TANF shall be the Minneapolis/St. Paul urban areas of

Hennepin, Anoka, and Ramsey Counties in addition to the geographical Jurisdiction

in Title, 2, section 2 and shall be in accordance with a plan submitted by the

Commissioner of Education and approved by the Band Assembly.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 25.

Band Ordinance 40-03, §§ 3 and 4. Band

Ordinance 11-04, § 2.

§ 11. Designation of Band Districts.

(a)

District I of the Mille Lacs Bands of Chippewa Indians shall be known as Nay-ahShing. All trust and/or allotted land within the aforementioned geographical radius

with the exception of Chi-mi-ni-sing, (Isle) shall constitute the service jurisdiction of

District I.

(b)

District II of the Mille Lacs Bands of Chippewa Indians shall be known as Ga-me-tawa-ga-gi-mog, (Sandy Lake) and be comprised of the following geographical

locations: Mi-ni-si-na-kwang (East Lake), Chi-mini-sing, (Isle). All trust and/or

allotted land within the aforementioned geographical radius shall constitute the

service jurisdiction of District II.

(c)

District III of the Mille Lacs Bands of Chippewa Indians shall be known as Ah-shomoog, (Lake Lena) and be comprised of the following geographical locations: Ne-shigwa-go-gog, (Pine City), A-sin-ni-ga-ning, (Sandstone), and Ga-shi-gwa-na-bi-gogog, (Hinckley). All trust and/or allotted land within the aforementioned geographical

radius shall constitute the service area of District III.

Historical and Statutory Notes

Source: Band Statute 1142-MLC-3, § 26

Cross References

Consolidated Nay-Ah-Shing School Board, election from Districts, see 9 MLBS § 3.

Legislative districts, see 3 MLBS § 1.

Motor vehicle registration, application for registration, see 19 MLBS § 106.

§ 12. Waiver for Special Dispensation.

The Band Assembly upon petition of the Chief Executive may issue a Section 20 waiver for

participation in resources offered by the Band for the benefit of any Band members or executive

administration upon petition of just cause

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 27.

CHAPTER 2

TREATY RIGHTS

Subchapter

1. General Provisions

2. Implementation of Usufructuary

Section

1001

1101

SUBCHAPTER 1

GENERAL PROVISIONS

Section

1001. Policy.

1002. Supreme Law.

1003. Legal and Moral Obligation of United States.

1004.

1005.

1006.

1007.

1008.

Cultural Importance of Usufructuary Rights.

Conservation.

Recognition by United States Courts.

Authorization.

Exterior Legal Counsel.

Historical and Statutory Notes

The Preamble of Band Statute 1056-MLC-24 provides: "It is enacted by the Band Assembly of the Mille

Lacs Band of Chippewa Indians for the purpose of exercising usufructuary rights of Band members in the

territory ceded in 1837."

Cross References

1837 Treaty Conservation Code for the Minnesota Ceded Territory, see 11 MLBS § 4001 et seq.

Migratory bird hunting off reservation, memorandum agreement with U.S. Fish and Wildlife

Service, see Nat. Res. Comm. Order 144-90.

Protection for cultural values, see 1 MLBS § 13.

§ 1001. Policy.

The Band Assembly hereby declares that the Mille Lacs Band of Chippewa Indians has upheld

all provisions of the Treaty of 1837 (7 Stat. 536). Due to the active infringement of its

usufructuary rights by the Government of the State of Minnesota, members of the Mille Lacs

Band of Chippewa Indians have not enjoyed the protection guaranteed in Article V of the Treaty

of 1837. Therefore, it shall be the policy of the Mille Lacs Band of Chippewa Indians to

aggressively assert all rights, privileges and responsibilities contained in all provisions of said

Treaty without infringement by any other government.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 1.

§ 1002. Supreme Law.

The Band Assembly hereby declares that in all matters before the Court of Central Jurisdiction,

all treaties to which the Mille Lacs Band is a party shall have a status equal to the supreme law of

all land under the jurisdiction of the Band.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 1.01.

§ 1003. Legal and Moral Obligation of United States.

The Band Assembly hereby declares that the United States of America is possessed of a legal

and moral obligation to guarantee usufructuary rights of members of the Mille Lacs Band of

Chippewa Indians by virtue of Congress ratification of the Treaty of 1837.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 1.02.

Cross References

1837 Treaty Conservation Code for the Minnesota Ceded Territory, see 11 MLBS § 4001 et seq.

§ 1004. Cultural Importance of Usufructuary Rights.

The Band Assembly hereby declares that members of the Mille Lacs Band of Chippewa Indians

are culturally heavily dependent on hunting, fishing, and the gathering of wild rice as vital to the

continuance of a cultural existence in the ceded territory.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 1.03.

§ 1005. Conservation.

The Band Assembly hereby declares that it is the policy of the Mille Lacs Band of Chippewa

Indians that the exercise of this treaty right shall be in accordance with culturally established

principles of conservation.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, §1.04.

§ 1006. Recognition by United States Courts.

Usufructuary rights guaranteed by Article V of the Treaty of 1837 have been recognized by the

United States Court of Appeals for the Seventh Circuit in the matter of Lac Courte Oreilles Band

of Chippewa Indians v. Lester P. Voight. The Solicitor General for the United States of America

has further taken the position before the Supreme Court of the United States that this case was

correctly decided. The Supreme Court denied Certiorari.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 4.

§ 1007. Authorization.

The Band Assembly hereby directs and empowers the Chief Executive, the

Commissioner of Natural Resources, and the Solicitor General to initiate lawful activities which

will secure the active involvement of the United States of America in securing usufructuary

rights of Band members in the area beginning at the junction of the Crow Wing and Mississippi

Rivers, between twenty and thirty miles above where the Mississippi is crossed by the forty-sixth

parallel of north latitude, and running thence to the north point of Lake St. Croix, one of the

sources of the St. Croix River; thence to and along the dividing ridge between the waters of Lake

Superior and those of Mississippi, to the sources of the Ocha-sua-sepe a tributary of the

Chippewa river; thence to a point on the Chippewa river, twenty miles below the outlet of Lake

De Flambeau; thence to the junction of the Wisconsin and Pelican rivers' thence on an east

course twenty-five miles; thence southerly, on a course parallel with that of the Wisconsin river;

to the line dividing the territories of the Chippewa and Menominee; thence to the Plover portage;

thence along the southern boundary of the Chippewa country, to the commencement of the

boundary line dividing it from that of the Sioux, half a days march below the falls on the

Chippewa river; thence with said boundary line to the mouth of Wah-tap river, at its junction

with the Mississippi; and thence up the Mississippi to the place of beginning.

Historical and Statutory Notes

Source:

Band Statute 1056-MLC-24, § 2.

Band Statute 1056-MLC-24, §§ 3 and 5.

Cross References

Geographical restrictions of natural resource regulations, see 11 MLBS §§ 2004, 2005.

§ 1008. Exterior Legal Counsel.

The Band Attorneys are hereby authorized and directed to assist the Solicitor General of the

Mille Lacs Band of Chippewa Indians in the legal implementation of this chapter.

Historical and Statutory Notes

Source: Band Statute 1056-MLC-24, § 6.

SUBCHAPTER 2

IMPLEMENTATION OF USUFRUCTUARY RIGHTS

Part

A. General Provisions

B. Great Lakes Indian Fish and Wildlife Compact

Section

1101

1151

Historical and Statutory Notes

The Preamble of Band Statute 1092-MLC-5 provides: "It is enacted, an Indian Fish and Wildlife Compact

with Keweenaw Bay Band of Chippewa Indians, Red Cliff Band of Chippewa Indians, Bad River Band of

Chippewa Indians, Mole Lake Band of Chippewa Indians, Lac Courte Oreilles Band of Chippewa

Indians, Grand Portage Band of Chippewa Indians, Fond du Lac Band of Chippewa Indians, St. Croix

Band of Chippewa Indians, Bay Mills Band of Chippewa Indians, Lac du Flambeau Band of Chippewa

Indians for the exercise of usufructuary right in the Wisconsin territory of the Treaty of 1837."

Cross References

Natural Resources Protection Code, see 11 MLBS § 2001 et seq.

PART A

GENERAL PROVISIONS

Section

1101. Reservation of Right of Amendment.

1102. Rights of Band Members.

1103. Applicability of Natural Resources Code.

1104. Court of Central Jurisdiction.

1105. Conflicting Laws.

1106. Obligations of the United States of America.

1107. Rules and Regulations.

1108. Obligations of Solicitor General.

§ 1101. Reservation of Right of Amendment.

The Band Assembly hereby fully reserves the right to alter, amend or repeal the several

provisions of this subchapter, and all rights and privileges granted or extended hereunder shall be

subject to such reserved right.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 12.

§ 1102. Rights of Band Members.

Every enrolled member of a constituent Band of the Non-Removable Mille Lacs Band of

Chippewa Indians shall have usufructuary rights provided that in the exercise of said rights, no

Band member shall violate the terms and conditions established to exercise said rights.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 17.

§ 1103. Applicability of Natural Resources Code.

All provisions of the Natural Resources Code (11 MLBS § 2001 et seq.) shall apply to the

exercise of usufructuary rights by Band members in all the territory ceded by the Treaty of 1837.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 13.03.

§ 1104. Court of Central Jurisdiction.

The Court of Central Jurisdiction is hereby granted subject matter jurisdiction for any cause of

action which arises from implementation of this subchapter. Nothing in this subchapter shall be

construed as a waiver of sovereign immunity of the Non-Removable Mille Lacs Band of

Chippewa Indians in any state or federal court of competent jurisdiction.

Historical and Statutory Notes

Source:

Band Statute l092-MLC-25, § 6.

Cross References

Subject matter jurisdiction, Court of Central Jurisdiction, see 5 MLBS § 111.

§ 1105. Conflicting Laws.

The provisions of this subchapter shall control and be supreme in the event it shall be employed

notwithstanding any statutory provision to the contrary or in conflict herewith and the justices of

the Court of Central Jurisdiction shall be bound thereby.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 15.

§ 1106. Obligations of the United States of America.

Nothing herein or the application thereof shall be construed by any government, agency, person

or circumstance as a waiver by the Non-Removable Mille Lacs Band of Chippewa Indians of the

solemn, special trust obligation of the United States of America, as legal trustee for the land, air,

water and general natural resource and environmental right, privileges and interests of the Band.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 10.

§ 1107. Rules and Regulations.

The Commissioner of Natural Resources shall have the power to issue Commissioner's Orders

for the purpose of promulgating all rules and regulations for the exercise of usufructuary rights

by Band members in all the territory ceded by the Treaty of 1837 regardless of state boundaries

and borders.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 13.01.

Cross References

Commissioner's Orders, see 4 MLBS § 7.

§ 1108. Obligations of Solicitor General.

(a)

Should there be any doubt as to the proper interpretation of any part of this chapter,

the Chief Executive, Speaker of the Assembly or the Commissioner of Natural

Resources shall submit such question to the Solicitor General, who shall give his

written opinion thereon and such opinion shall be binding until annulled by the full

Court of Central Jurisdiction or amended by law.

(b)

The Solicitor General, consistent with the statutory authority conferred by law shall

represent the interests of the Non-Removable Mille Lacs Band of Chippewa Indians

in all matters, related to enforcement of Band law be they prosecutorial or otherwise

in the Court of Central Jurisdiction.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 14.

Cross References

Duties of Solicitor General, see 4 MLBS § 18.

PART B

GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT

Section

1151. Findings and Determinations.

1152. Constitution of Great Lakes Indian Fish and Wildlife Commission.

1153. Compact for Non-Removable Mille Lacs Band of Chippewa Indians.

1154. Voight Inter-Tribal Task Force Charter.

1155. Ratification.

1156. Enabling Legislation.

1157. Withdrawal.

1158. Construction and Severability.

1159. Cooperation of Band Officers.

1160. Commissioner of Natural Resources.

§ 1151. Findings and Determinations.

(a)

The Band Assembly hereby finds and determines that usufructuary rights exist in all

territories encompassed by the Treaties of July 29, 1837, 7 Stat. 536, and October 4,

1842, 7 Stat. 842 as construed by the Seventh Circuit Court of Appeals in Lac Courte

Oreilles Band vs. Voight, 700 F.2d 341, cert. denied 104 S. Ct. 53, 464 US 805, 78

L.Ed.2d 72 (1983).

(b)

The Band Assembly finds and determines that the sovereignty and jurisdiction of

each Band who was signatory to the aforementioned treaties shall extend to all places

interior and exterior to their boundaries thereof as defined in federal law.

Notwithstanding any provisions of any law of the Mille Lacs Band to the contrary,

the Mille Lacs Band shall now and hereafter retain and exercise civil and criminal

jurisdiction over enrolled members of the Mille Lacs Band of Chippewa Indians who

exercise usufructuary rights in the territory ceded in the aforementioned treaties.

(c)

The Band Assembly hereby finds and determines that just cause exists for the NonRemovable Mille Lacs Band of Chippewa Indians to be a party to a Commission

known as the Great Lakes Indian Fish and Wildlife Commission.

(d)

The Band Assembly finds and determines that a Compact is required, pursuant to the

laws of the Non-Removable Mille Lacs Band of Chippewa Indians. Said Compact to

be known as the Great Lakes Indian Fish and Wildlife Compact.

(e)

The Band Assembly finds and determines that a Constitution proposed by the

constituent Bands of the Great Lakes Indian Fish and Wildlife Commission is

incompatible with the laws of the Non-Removable Mille Lacs Band of Chippewa

Indians, however we find and determine that in the best interests of unity and

conservation of the natural resources, an agreement is necessary and prudent.

(f)

The Band Assembly hereby finds and determines that any other party to this

Commission shall exercise whatever statutory authority deemed necessary to be party

to said Commission.

(g)

Therefore, the Band Assembly hereby finds and determines that the document

entitled, "Constitution of the Great Lakes Indian Fish and Wildlife Commission"(2

MLBS § 1152.) is hereby ratified and approved subject to condition entered in the

foregoing 'Compact'. Anything in the contents of the 'Constitution', which is

inconsistent with any provision of the 'Compact' both ratified herein, it shall be the

'Compact' that controls on behalf of the Non-Removable Mille Lacs Band of

Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 1.

Cross References

Court of Central Jurisdiction, jurisdiction over persons, see 5 MLBS §§112, 113.

§ 1152. Constitution of Great Lakes Indian Fish and Wildlife Commission.

(a)

Entered into by and between the following Bands of Chippewa Indians:

(1)

Keweenaw Bay

(2)

Bay Mills

(3)

Mole Lake

(4)

Bad River

(5)

Red Cliff

(6)

Fond du Lac

(7)

Grand Portage

(8)

Lac Courte Oreilles

(9)

St. Croix

(10)

Lac du Flambeau

(11)

Non-Removable Mille Lacs Band

(b)

PREAMBLE

WE, THE INDIAN TRIBES OF THE GREAT LAKES INDIAN FISH AND WILDLIFE

COMMISSION RECOGNIZE THAT OUR FISH, WILDLIFE AND OTHER RENEWABLE

RESOURCES ARE IMPORTANT NATURAL RESOURCES AND OF

VITAL CONCERN TO THE INDIAN TRIBES OF THE GREAT LAKES REGION

AND THAT THE CONSERVATION OF THIS RESOURCE IS DEPENDENT UPON

EFFECTIVE AND PROGRESSIVE MANAGEMENT. AND IT IS FURTHER

RECOGNIZED THAT THE TRIBES HAVE REGULATORY AUTHORITY AND A

RESULTANT DUTY TO PROTECT THE RESOURCE THAT IS OF GREAT

IMPORTANCE TO US. WE FURTHER BELIEVE THAT BY UNITY OF ACTION WE CAN

BEST ACCOMPLISH THESE THINGS, NOT ONLY FOR THE BENEFIT OF OUR PEOPLE

BUT FOR ALL THE PEOPLE OF THE GREAT LAKES.

ARTICLE I NAME

The name of this organization shall be the GREAT LAKES INDIAN FISH AND WILDLIFE

COMMISSION.

ARTICLE II PURPOSE

1. The GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION was begun in

recognition of the traditional pursuits of the Native American people and the deep abiding

respect for the circle of life in which our fellow creatures have played an essential life-giving

role. As governments who have inherited the responsibilities for protection of our fish,

wildlife, and plants we are burdened with the inability to effectively carry-out our tasks as

protectors and managers. This is especially true now that the state and federal courts have

recognized our traditional claims. We have never intended to abandon our responsibilities.

2. The purpose of this organization are exclusively charitable and educational and shall be:

A. To provide an organization to facilitate and coordinate intertribal communications in

the Great Lakes concerning matters pertaining to the exercise of usufructuary rights

including fish and wildlife management, treaty rights issues, court cases related to

fish and wildlife, tribal and/or inter-tribal regulations.

B. To assist tribal governments in the protection, preservation, conservation and prudent

use and management of tribal fish, wildlife, and plant resources in the Great Lakes

area.

C. To direct the administration of federal programs, funds and efforts in order to aid and

assist the federally recognized members of this organization.

D. To educate Indian and non-Indian professionals involved in fish and wildlife

management and others in the general public similarly dedicated to the protection,

preservation, enhancement and prudent use of fish, wildlife and other resources.

E. To provide administrative support for and provide expertise and advice to tribal

governments in the Great Lakes relating to the protection, preservation, enhancement

and prudent use and management of fish, wildlife and other resources in the Great

Lakes.

F. To improve the general welfare of Indian people in the Great Lakes through

educational, charitable, and fish and wildlife related activities.

G. To carry out the purposes as herein set forth in any state, territory, district, possession,

dependency, or other political subdivision of the United States of America or in any

foreign country at any other location in the world to the extent that such purposes are

not forbidden by the laws of such state, territory, district, possession, dependency, or

political subdivision of the United States of America, or of such foreign country, or of

such other political entity as may be applicable; provided, however, that such

purposes shall be accomplished and exercised only if they may be accomplished and

exercised under and in accordance with, Section 501 (c) (3) of the Internal Revenue

Code of 1954 and any amendments thereto.

ARTICLE III MEMBERS

1. Membership shall be open to an Indian tribe in the Great Lakes region who:

A. Is recognized as a tribe by federal treaty, statute, agreement or regulation; and who;

B. Is organized and operating under a constitution and by-laws; and who;

C. Ratifies this constitution and bylaws of appropriate tribal resolution.

ARTICLE IV GOVERNING BODY

1. The governing body shall be the Commission. The Commission shall consist of the tribal

Chairpersons from each member tribe.

2. Two committees of the Commission are hereby established. Great Lakes Indian Fisheries

Commission and Voigt Fish and Wildlife Committee, each of which shall be governed by

a charter ratified by the constituent tribes of each committee.

a. Upon selection the tribe shall notify the Commission of their duly authorized

representative by letter.

3. The Commission members shall report in writing to their respective governing body on

the business transacted, including recommendations for final approval relating to any

contract or agreement to be entered on behalf of member tribes, by the Commission.

4. A special meeting of the Commission can be called by the Chairman at the request of any

Commission member.

ARTICLE V OFFICERS

1. The officers of the Commission shall be the Chairman, Vice Chairman and Secretary, and

shall be elected by the members of the Commission.

2. The term of office of each officer shall be for one (1) year and shall commence with the

regular meeting, except the first elected officers shall serve until the first regular election.

ARTICLE VI VACANCIES AND REMOVAL OF OFFICERS

1. If a Commission officer shall die, resign, permanently leave the state or tribe which

she/he represents, the Commission shall declare the position vacant and shall select a

replacement for the balance of the unexpired term.

ARTICLE VII DUTIES OF OFFICERS

1. The Chairman shall preside over all meetings of the Commission and shall perform all

duties of a Chairman and exercise any authority delegated to him by the Commission and

shall have all authority to sign all documents for the Commission. She/he shall vote in all

matters for his respective tribe.

2. The Vice-Chairman shall assist the Chairman when called upon to do so in the absence of

the Chairman, she/he shall preside. While presiding, she/he shall have all the rights,

privileges, and duties as well as the responsibilities of the Chairman.

3. The Secretary shall work with administrative staff to ensure that official minutes of all

meetings are kept and that meeting notices are mailed in a timely manner.

4. The Executive Administrator shall be appointed by the Commission.

ARTICLE VIII MEETINGS

a. The conduct and procedure of the meetings may be further defined by the

appropriate resolution of the Commission.

b. A quorum shall consist of a majority of the Commission membership.

ARTICLE IX OWERS OF THE COMMISSION

1. The Commission shall have the following powers:

a. To formulate and adopt a budget for Commission activities.

b. To formulate a broad natural resource management program for those matters of

concern to the committee.

c. To coordinate committee budgets and the work of the committees.

d. To administer the provision of technical services to the committees and the member

tribes.

e. Request technical advice and/or assistance from any source whatever for the purpose

of assisting tribal fish and wildlife programs and to consult with any and all

individuals, organizations, institutions, and government (tribal, local, state, federal,

and international) on matters pertaining to fish and wildlife.

f. To render any assistance within the authority of the Commission to any tribe

requesting such assistance.

g. As a non-profit organization to accept funds from state, federal, private foundations

or other sources for operations.

h. To provide public information.

2. Any and all rights vested in members’ tribes shall not be abridged by this Constitution.

3. The Commission shall interpret any and all ambiguous words and phrases found within

this Constitution.

ARTICLE X POWERS OF THE COMMITTEES

1. Each constituent committee shall have the following powers:

a. To formulate and adopt a budget to carry out its activities and to secure funding

therefore.

b. To formulate a broad natural resource management program for those matters of

concern to the committee.

c. To carry out any other powers provided in Charter.

2. Any and all rights vested in members’ tribes shall not be abridged by this Charter.

ARTICLE XI AMENDMENTS

This Constitution may be amended by unanimous vote of the member tribes upon at least 15

days’ notice prior to such meeting to consider such proposed amendment submitted to member

tribes.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 2.

§ 1153. Compact for Non-Removable Mille Lacs Band of Chippewa Indians.

(a)

Entered into by and between the Non-Removable Mille Lacs Band of

Chippewa Indians for the purpose of declaring the conditions under which the

Band enters into the Great Lakes Indian Fish and Wildlife Commission. The

Band Assembly hereby determines that any Band party to the provision of the

"Constitution" found in 2 MLBS § 1152, shall in their own right, enter into

the Great Lakes Indian Fish and Wildlife Commission upon terms designated

in Article III of 2 MLBS § 1152.

(b)

THE NON-REMOVABLE MILLE LACS BAND OF CHIPPEWA INDIANS

HEREBY SOLEMNLY AGREES TO:

GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT

GREAT LAKES INDIAN FISH AND WILDLIFE COMPACT is hereby ratified, enacted into

law, and by this Band as party thereto with any other Band which, pursuant to Article II of said

Compact, that desires to legally join therein substantially as follows:

ARTICLE I

The purpose of this Compact are, through means of joint or cooperative action:

1. To promote the orderly, integrated, and comprehensive development, use, and

conservation of Indian resources within the Treaty Cession of 1837/42 (hereinafter called

Treaty Cession).

2. To plan for the welfare and development of the Indian resources of the Treaty Cession on

a whole as well as for those portions of the Treaty which may have problems of special

concerns.

3. To make it possible for Reservations within the Treaty and their members to derive the

maximum benefit from the utilization of these resources.

4. To establish and maintain an intergovernmental agency to the end that the purposes of

this Compact may be accomplished more effectively.

ARTICLE II

This Compact shall enter into force and become effective and binding when it has been enacted

by any Reservation by such action as their laws and the laws of their government may prescribe

for adherence thereto.

ARTICLE III

The Great Lakes Indian Fish and Wildlife Commission created by Article IV of this

Compact shall exercise its power and perform its functions in respect to the Treaty Cession Area

for which is the purposes of this Compact. The authorization of two committees of the

Commission are hereby established, Great Lakes Indian Fisheries Commission and Voight

Intertribal Task Force each of which shall be governed by a charter ratified by the respective

laws of the Band Governments.

ARTICLE IV

A. There is hereby created an agency of the party Bands to be known as the Great Lakes

Indian Fish and Wildlife Commission. In that name the Commission may sue and be

sued. In any of the party's Court of Competent Jurisdiction, the individual party's

governing body may at its discretion notify the Band Court no later than 72 hours after

any case has been filed of its decision to accept or reject any decision filed by the Court.

However, the Great Lakes Indian Fish and Wildlife Commission must put forth a proper

defense in any case to which it is a defendant. Actions by non-Indian parties of this

Compact shall only be filed in a competent court of one of the parties of this Compact.

Transaction involving federal funds shall conform to the laws of any Band Government

within whose territory funds are being expended. The Commission may pursuant to bylaws provided for the execution and acknowledgment of all instruments in its behalf.

B. The Commission shall be composed of one member from each Band Government as

designated or appointed in accordance with the law of the Band Government which they

represent and serve and subject to removal in accordance with such law.

C. Each band delegate shall be entitled one vote in the Commission. The presence of

commissioners from a majority of the party Bands shall constitute a quorum for the

transaction of business at any meeting of the Commission. Actions of the Commission

shall be by a majority of the votes cast except that any recommendations made pursuant

to Article VI of this Compact shall require an affirmative vote of not less than a majority

of the votes cast from each of a majority of the Bands present and voting.

D. The commissioners of any two or more party Bands may meet separately to consider

problems of particular interest to their Band but no action taken at any such meeting shall

be deemed an action of the Commission unless and until the Commission shall

specifically approve the same.

E. In the absence of any commissioner, a representative casting said vote shall have a

written proxy in proper form as may be required by the Commission.

F. The Commission shall elect annually from among its members a chairman, vice-chairman

and secretary-treasurer. The executive director shall serve at the pleasure of the

Commission and at such compensation and under such terms and conditions as may be

fixed by it. The executive director shall be custodian of the records of the Commission

with authority to affix the Commission's official seal and attest to and certify such

records or copies thereof.

G. The executive director, subject to the approval of the Commission in such cases as its bylaws may provide, shall appoint and remove or discharge such personnel as may be

necessary for the performance of the Commission's functions Subject to the aforesaid

approval, the executive director may fix their compensation, define their duties, and

require bond of such of them as the Commission may designate.

H. The executive director, on behalf of, as trustee for, and with the approval of the

Commission, may borrow, accept, or contract from the services of personnel from any

government or any subdivision or agency thereof, from any intergovernmental agency, or

from any institution, person, firm or corporation; and may accept from any of the

commissioners purposes and functions under this Compact any and all donations, gifts,

and grants of money, equipment, supplies, materials and services from any state or

government or any subdivision or agency thereof or intergovernmental agency or from

any institution, person, firm or corporation and may receive and utilize the same.

I. The Commission may establish and maintain one or more offices for the transacting of its

business and for such purposes the executive director on behalf, of as trustee for, and

with the approval of the Commission, may acquire, hold and dispose of real and personal

property necessary to the performance of its functions.

J. The Commission may adopt, amend and rescind by-laws, rules, and regulations for the

conduct of its business.

K. The Commission and its executive director shall make available to the party Bands any

information within its possession and shall always provide free access to its records by

duly authorized representatives of such party Band.

L. The Commission shall keep a written record of its meetings and proceedings and shall

annually make a report thereof to be submitted to the duly designated official of each

party Band.

M. The Commission may issue any reports as it may deem desirable.

ARTICLE V

A. The Commission shall submit to the executive head or designated officer of each party

Band a budget of its estimated expenditures for such period as may be required by the

laws of the Band for presentation to the Government thereof.

B. Each of the Commission's budgets of estimated expenditures shall contain specific

recommendations of the amount or amounts to be appropriated by each of the party

Bands. Detailed Commission budgets shall be recommended by a majority of the votes

cast, and the costs shall be allocated equitably among the party states in accordance with

their respective interests. Majority is defined as 3/4 of all parties.

C. The Commission shall not pledge the credit of any party Band. The Commission may

meet any of its obligations in whole or in part with funds available to it under Article IV

(H) of this Compact, provided that the Commission takes specific action setting aside

such funds prior to the incurring of any obligations to be met in whole or in part in this

manner. Except where the Commission makes use of funds available to it under Article

IV (H) hereof, the Commission shall not incur any obligations prior to the allotment of

funds by the party states adequate to meet the same.

D. The Commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the Commission shall be subject to the audit and

accounting procedures established under the bylaws. However, all receipts and

disbursement of funds handled by the Commission shall be audited yearly by a certified

public accountant and the report of the audit shall be included in and become part of the

annual report of the Commission.

E. The account of the Commission shall be open at any reasonable time for inspection by

such agency, representative or representatives of the party Band as may be duly

constituted for that purpose and others who may be authorized by the Commission.

ARTICLE VI

The Commission shall have power to:

A. Collect, correlate, interpret, and report on data relating to the Indian resources and the use

thereof in the Treaty Cession or any portion thereof.

B. Recommend methods for the orderly, efficient, and balanced development, use and

conservation of the Indian resources of the Treaty Cession or any portion thereof to the

part Band and to any other governments or agencies having interest in or jurisdiction over

the Treaty Cession or any portion thereof.

C. Consider means of improving and maintaining the fisheries and wildlife of the Treaty

Cession or any portion thereof.

D. Recommend policies relating to Indian resources including the institution and alteration

of flood plain and other zoning laws, ordinances and regulations.

E. Recommend uniform or other laws, or regulations relating to the development, use and

conservation of the Treaty Cession resources to the party Band or any of them and to

other governments, political subdivision, agencies or intergovernmental bodies having

interests in or jurisdiction sufficient to affect conditions in the Treaty Cession or any

portion thereof.

F. Consider and recommend amendments or agreement supplementary to this Compact to

the party Bands or any of them, and assist in the formulation and drafting of such

amendments or supplementary agreements.

G. Prepare and publish reports, bulletins and publications appropriate to this work and fix

reasonable sale prices thereof.

H. With respect to the Indian resources of the Treaty Cession or any portion thereof,

recommend agreements between the governments of the United States and Canada.

I. Cooperate with the governments of the United States and of Canada, the party Band and

any public or private agencies or bodies having interests in or jurisdiction sufficient to

affect the Treaty Cession or any portion thereof.

J. Make any recommendation and do all things necessary and proper to carry out the powers

conferred upon the Commission by this Compact, provided that no action of the

Commission shall have the force of law in, or be binding upon any party Band.

ARTICLE VII

Each party Band agrees to consider the action the Commission recommends in respect to:

A. To provide an organization to facilitate and coordinate intertribal communication in the

Great Lakes concerning matters pertaining to the exercise of usufructuary right

including fish and wildlife management, treaty rights issues, court cases related to fish

and wildlife, tribal and/or intertribal regulations.

B. Measures for combating pollution.

C. To assist tribal governments in the protection, preservation, conservation and prudent

use and management of tribal fish, wildlife and plant resources in the Great Lakes area.

D. Propose wildlife improvement.

Uniformity or effective coordinating action in fishing laws and regulations and

cooperative action to eradicate destructive and parasitical forces endangering the

fisheries, wildlife and other Indian resources.

To direct the administration of federal programs, funds, and efforts in order to aid and

assist the federally recognized members of this organization.

G. To educate Indian and non-Indian professionals involved in fish and wildlife

management and others in the general public similarly dedicated to the protection,

preservation, enhancement and prudent use of fish, wildlife and other resources.

H. To provide administrative support for and provide expertise and advice to tribal

governments in the Great Lakes relating to the protection, preservation, enhancement

and prudent use and management of fish, wildlife and other resources in the Great

Lakes.

ARTICLE VIII

This Compact shall continue in force and remain binding upon each party Band until renounced

by act of the Government of such Band, in such form and manner as it may choose and as may

be valid and effective to repeal a statute of said Band, provided that such renunciation shall not

become effective until six months after notice of such action shall have been officially

communicated in writing to the executive head of the other party Bands.

ARTICLE IX

It is intended that the provisions of this Compact shall be reasonably and liberally construed to

effectuate the purposes thereof. The provisions of this Compact shall be severable and if any

phrase, clause, sentence or provision of this Compact is declared to be contrary to the

constitution of any party Band or of the United States, or the applicability thereof to any Band,

agency, person or circumstance is held invalid, the constitutionality of the remainder of this

Compact and the applicability thereof to any Band, agency, person or circumstance shall not be

affected hereby, provided further that if this Compact shall be held contrary to the Constitution

of the United States, or any party Band, the Compact shall remain in full force and effect as to

the remaining Bands and in full force and effect as to the Band affected as to all severable

matters.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 3.

§ 1154. Voight Intertribal Task Force Charter.

CHARTER

VOIGHT INTERTRIBAL TASK FORCE COMMITTEE

GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION

ARTICLE I-NAME

The name of this committee shall be the Voight Intertribal Task Force Committee.

ARTICLE II-PURPOSE

The purposes of this committee shall be to:

1. Develop the capabilities of its members’ tribes to regulate their use of natural resources.

2. Develop biological expertise in inland fish, wildlife, and plant species, communities, and

ecosystems.

3. Develop resource management plans.

4. Assist tribes to develop resource regulations suitable for tribal adoption and adequate to

protect the environment.

5. Develop law enforcement capabilities adequate to insure compliance with resource

regulations.

6. Assist tribes in the development of judicial systems adequate to adjudicate cases arising

under tribal resource regulations.

7. Assist tribes or Bands to secure through negotiations, litigation, arbitration, or any other

lawful and appropriate means, the full exercise of the usufructuary rights reserved in the

Treaties of 1837 and 1842.

8. Develop the capability to recognize, analyze and recommend action on actual and

potential environmental degradation which may impair the opportunity to engage in

usufructuary activities within the territories ceded by the Treaties of 1837 and 1842.

9. Educate tribal membership, tribal leadership, and the general public in issues and events

related to the other purposes stated herein.

ARTICLE III-MEMBERSHIP

Section 1. Membership. Membership in this committee is open to any federally recognized

Chippewa Tribe or Band which:

(a) Is a member of the Great Lakes Indian Fish and Wildlife Commission; and

(b) Is a signatory or successor thereto to either the 1837 or 1842 Treaties; and

(d) Has by resolution adopted this Charter.

ARTICLE IV-TRANSACTING BUSINESS

Section 1. Representatives. Each member tribe may appoint one representative to the committee

and one alternate. Each tribe may select its representative and alternate by whatever means and

for whatever term deemed appropriate by the tribe.

Section 2. Meetings. The committee shall hold an annual meeting in October of each year. The

committee shall also hold meetings as needed, which may be called by the chairman, or in the

absence of the chairman, the vice chairman, or in any event by any three member tribes or the

executive administrator of the Commission. Meetings may be conducted by conference call.

Section 3. Action. All action must be authorized by motion and approval by a majority of those

tribes in attendance.

Section 4. Voting. On all matters upon which a vote shall be taken each member tribe shall have

one vote.

Section 5. Quorum. A majority of the member tribes shall constitute a quorum.

ARTICLE V-OFFICERS

Section 1. Officers. The officers of the committee shall be the chairman and vice-chairman, and

shall be elected by the members of the committee at the annual meeting.

Section 2. Terms. The term of office for each officer shall be one year except that the officers

first elected under this Charter shall serve until the 1985 annual meeting.

Section 3. Vacancies. In the event a committee officer is for any reason unable or unwilling to

complete his or her term the committee shall, on at least 30 days’ notice to its members, hold a

special election for the purpose of replacing the officer.

ARTICLE VI-DUTIES OF OFFICERS

Section 1. Chairman. The chairman shall preside over all meetings of the committee, shall

perform all duties of a chairman, shall exercise any authority delegated by the committee, and

shall have authority to sign all documents for the committee. The chairman shall work with the

administrative staff to insure that official minutes of all meetings are kept and that meeting

notices are mailed in a timely manner. The chairman shall be allowed to vote.

Section 2. Vice-chairman. The vice-chairman shall assist the chairman when called upon to do so

and in the absence of the chairman shall preside. While presiding, the vice-chairman shall have

all the rights, privileges, duties, and responsibilities of the chairman.

Section 3. Further Duties. The duties of the officers may be defined further by motion of the

committee.

ARTICLE VII-POWERS

The committee shall have the following powers:

(1)

To undertake any programs consistent with the purposes as defined in Article II.

(2)

To formulate and adopt a budget to carry out its activities, and to secure funding

through the Commission therefore, and to approve modifications and amendments to

the budget as may from time to time be required.

(3)

To formulate and adopt policies for the provision of technical, enforcement, and

judicial services to the committee and its member tribes, to be implemented by the

Commission staff.

(4)

To establish subcommittees to pursue such objectives as the committee shall direct.

ARTICLE VIII-AMENDMENTS

This Charter may be amended by affirmative vote of at least two-thirds of the member tribes

upon furnishing to all member tribes of the Commission a copy of the proposed amendment at

least 60 days in advance of the vote on such amendment.

Historical and Statutory Notes

Source:

Band Statute l092-MLC-25, § 4.

§ 1155. Ratification.

The Commissioner of Natural Resources is authorized and directed to witness the ratification of

the Compact by the Non-Removable Mille Lacs Band of Chippewa Indians by executing the

final draft thereof in his own name as Commissioner for and on behalf of the Non-Removable

Mille Lacs Band of Chippewa Indians and affixing the Seal of the Non-Removable Mille Lacs

Band of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 5.

§ 1156. Enabling Legislation.

This Compact shall become effective and operative immediately after passage the Constitution of

the Great Lakes Indian Fish and Wildlife Commission by any five party Bands incorporating the

provisions of said Constitution into the laws of such Bands.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 9.

§ 1157. Withdrawal.

The Non-Removable Mille Lacs Band of Chippewa Indians in acceding to this Compact

Constitution reserves the right at any time to withdraw from said Compact-Constitution, but such

withdrawal shall be based upon a law properly enacted pursuant to Band 3 MLBS § 16.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 8.

§ 1158. Construction and Severability.

This Compact shall be liberally construed so as to effectuate the purposes thereof by the Court of

Central Jurisdiction. The provisions of this Compact shall be severable and if any phrase, clause,

sentence, or provision of this Compact is declared to be contrary to the laws of any party Band

or the application thereof to any agency, person or circumstance is held invalid by the Court of

Central Jurisdiction, the validity of the remainder of this Compact and the applicability thereof

to any agency, person, or circumstance shall not be affected thereby. If this CompactConstitution or any part thereof shall be held contrary to the laws of any party Band, this

Compact-Constitution may remain in full force and effect as to the remaining party Bands and as

to the Mille Lacs Band so affected, in full force and effect as to all severable matters.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 7.

§ 1159. Cooperation of Band Officers.

All administrations and entities of the Non-Removable Mille Lacs Band of Chippewa Indians

shall cooperate with the Commission and the Task Force in the execution of their functions and

shall assist the Commission and the Task Force in carrying out the duties imposed upon it.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 11.

§ 1160. Commissioner of Natural Resources.

In pursuance of Article IV of the Compact and Article IV of the Charter, the

Commissioner of Natural Resources shall be the duly authorized representative of the Band at

meetings called by the chairman of the Commission and the Task Force at a designated location

and shall exercise all voting rights conferred by the Compact and Charter as provided.

Historical and Statutory Notes

Source:

Band Statute 1092-MLC-25, § 13.

CHAPTER 3

INTERGOVERNMENTAL RELATIONS

Section

2001. Minnesota State Intertribal Affairs Council.

§ 2001. Minnesota State Intertribal Affairs Council.

Pursuant to Minnesota Statutes-Chapter 3, Section 922, the Non-Removable Mille Lacs Band of

Chippewa Indians may participate in an Indian Affairs Intertribal Council, an entity of the state

of Minnesota. The Chief Executive is hereby authorized and directed to notify the Governor of

the state of Minnesota and other tribal governments that effective on March 1, 1985 the NonRemovable Mille Lacs Band of Chippewa Indians shall withdraw from participation in this state

council and shall in no way sanction any actions of said council as they may apply to the NonRemovable Mille Lacs Band of Chippewa Indians, as the public policy of the Band is to

recognize and enhance government to government diplomatic relations.

Historical and Statutory Notes

Source:

Band Statute 1085-MLC-37, § 82.

CHAPTER 4

EXCLUSION AND REMOVAL

Section

3001. Findings and Determinations.

3002. Definitions.

3003. Persons Subject to Exclusion and Removal.

3004. Grounds for Exclusion and Removal.

3005. Complaint for Exclusion.

3006. Notice of Exclusion.

3007. Exclusion Hearing.

3008. Exclusion Orders.

3009. Enforcement Proceedings.

3010. Emergency Writs.

3011. Authorized Entry for Exclusion Hearing.

3012. Review of Orders of Exclusion and Removal.

3013. Stays.

Historical and Statutory Notes

The Preamble of Band Statute 1069-MLC-7 provides: "It is enacted by the Band Assembly of the Mille

Lacs Band of Chippewa Indians for the purpose of exclusion and removal of persons within the

jurisdiction of the Band for just cause."

Cross References

Commercial practices, violations, see 18 MLBS § 10.

Cultural actions, sanctions, see 24 MLBS § 603.

Life estates in trust or restricted lands, spouse or children of member, see 21 MLBS § 102.

Prohibited drugs, see 23 MLBS § 1 et seq. Trespass, see 21 MLBS § 206.

§ 3001. Findings and Determinations.

(a)

That under federal law and Article 6, Section 1 (c), of the Constitution of the

Minnesota Chippewa Tribe, and as an incident of its inherent sovereign powers, the

Non-Removable Mille Lacs Band of Chippewa Indians has the authority to exclude

certain persons from territories under the jurisdiction of the Non-Removable Mille

Lacs Band of Chippewa Indians and to determine the conditions upon which such

persons may be present within said lands.

(b)

That in order to protect and promote the health, safety, morals and general welfare of

the Band, its members and other residents of lands under the jurisdiction of the NonRemovable Mille Lacs Band of Chippewa Indians, it is necessary to provide a means

to exclude or remove such persons from said lands in the event that they violate Band

law or do other acts harmful to the Band, its members or other residents of territories

under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 1.

§ 3002. Definitions.

The following terms shall have the following meanings when used in this chapter:

(a)

"Appellate Court" means the Appellate Division of the Court of Central Jurisdiction

of the Band.

(b)

“Band" means any constituent Band of the Non-Removable Mille Lacs Band of

Chippewa Indians, a federally recognized Indian Tribe.

(c)

"Court" means the Court of Central Jurisdiction for each constituent Band of the

Non-Removable Mille Lacs Band of Chippewa Indians.

(d)

"Constituent Bands" means the Non-Removable Sandy Lake Band of Chippewa

Indians, the Snake River Band of Chippewa Indians, the Rice Lake Band of

Chippewa Indians, the Lake Lena (Knife River) Band of Chippewa Indians, and the

Non-Removable Mille Lacs Band of Chippewa Indians.

(e)

"District Court" means the District Division of the Court of Central Jurisdiction of

the Non-Removable Mille Lacs Band of Chippewa Indians.

(f)

"Law Enforcement Officer" means an officer of the Band authorized to enforce the

laws of the Band.

(g)

"Secretary" means the United States Secretary of the Interior.

(h)

"Weapon" means an instrument of offensive or defensive combat, or anything used,

or designed to be used, in destroying, defeating or injuring a person.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 13.

§ 3003. Persons Subject to Exclusion and Removal.

All persons, except those authorized by federal law to be present on lands under the jurisdiction

of the Non-Removable Mille Lacs Band of Chippewa Indians, are subject to exclusion or

removal from all or any portion of said lands as provided herein.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7 § 2.

§ 3004. Grounds for Exclusion and Removal.

Persons subject to exclusion and removal may be excluded or removed from said lands for

commission of one or more of the following acts within said lands:

(a)

An act that is a crime, as defined by federal or Band law, or any act which, if

committed by a member of the Band, would be a crime under Band law.

(b)

Any act causing physical loss or damage of any nature to the property of the Band or

Tribe, enrolled member of the Band, or other residents of land under the jurisdiction

of the Non-Removable Mille Lacs Band of Chippewa Indians.

(c)

Obstructing the performance of governmental functions by any elected official,

officer, agent or employee of the Band through the use or threat of force or violence,

bribery, deception or other unlawful means.

(d)

Resisting arrest by a law enforcement officer through the use of threat of force or

violence, bribery, deception or other unlawful means.

(e)

Rendering criminal assistance by doing any one of the following acts for the purpose

of hindering the apprehension, prosecution, conviction or punishment of a person

known to have committed a crime, to be sought by law enforcement officers for the

commission of a crime, or to have escaped from a detention facility:

(1)

harboring or concealing such person,

(2)

providing to such person a weapon, money, transportation, disguise or other

means of avoiding discovery or apprehension,

(3)

concealing, altering or destroying any physical evidence that might aid in the

discovery or apprehension of such person,

(4)

warning such person of impending discovery or apprehension, except where

such warning is given in an attempt to persuade the person to comply with the

law, or

(5)

obstructing by force, threat, bribery or deception any person from performing

an act that might aid in the discovery, apprehension, prosecution or conviction

of such person.

(f)

Threatening to enter lands under the jurisdiction of the Non-Removable Mille Lacs

Band of Chippewa Indians to cause disturbances or riots or to conduct any other

activity prohibited by law.

(g)

Mining, cutting timber or vegetation or other use, abuse or damage to property of the

Band or Tribe without authorization from the Band, Tribe or Secretary.

(h)

Prospecting without authority from the Band or the Secretary.

(i)

Exploring or excavating items, sites or locations of historic, religious or scientific

significance without the lawful authority or permission of the Band or in violation of

Band or federal law.

(j)

Committing frauds, confidence games or usury against any enrolled member of the

Band or any other resident of lands under the jurisdiction of the Non-Removable

Mille Lacs Band of Chippewa Indians.

(k)

Inducing any enrolled member of the Band or any other resident of said lands to enter

into a grossly unfavorable contract of any nature.

(l)

Defrauding any enrolled member of the Band or any other resident of said land of just

compensation for his labor or service of any nature.

(m)

Unauthorized taking of any property from lands under the jurisdiction of NonRemovable Mille Lacs Band of Chippewa Indians.

(n)

Entering land under the jurisdiction of any constituent Band of the Non-Removable

Mille Lacs Band of Chippewa Indians for the purpose of evicting of a Band member

or the removal of any real or personal property of a Band member without his/her

written consent.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 3.

Cross References

Criminal causes of action, see 24 MLBS § 1001 et seq.

Historical preservation, civil penalties, see 10 MLBS § 603.

§ 3005. Complaint for Exclusion.

Any member, officer, agent or employee of the Band may make a complaint for exclusion.

Forms of complaint will be kept by the Clerk of Court and other officials that may be designated

by him. A complaint for exclusion shall be valid only if it bears the signature of the complaining

witness and is witnessed by a Judge of the Court, the Clerk of Court, or a law enforcement

officer. After the complaint has been duly signed and witnessed, it shall be delivered to the

District Court.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 4.

§ 3006. Notice of Exclusion.

Upon receipt of a valid complaint for exclusion, the District Court shall cause notice to be served

personally or, if personal service is not reasonably possible, by registered mail, upon the person

proposed for exclusion. The notice shall state the reason for the proposed exclusion and shall

state a time and place at which the person may appear before the District Court to show cause

why he should not be excluded from said land. The hearing shall be held not less than three days

after the time of service or mailing.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 5.

§ 3007. Exclusion Hearing.

After notice to the person proposed for exclusion, the District Court shall hold a hearing to

determine whether the person shall be excluded from the lands under the jurisdiction of the NonRemovable Mille Lacs Band of Chippewa Indians. The person shall be given an opportunity to

present evidence and argument at the hearing and cross examine opposing witnesses, and may be

represented by council at his own expense. The District Court may, in its discretion, grant a

continuance of the hearing on request by the person proposed for exclusion or upon its own

motion.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 6.

§ 3008. Exclusion Orders.

After the hearing, or at the time set for the hearing if the person proposed for exclusion does not

appear, the District Court may order him excluded from all or any portion of said lands, or may

permit him to remain upon said lands on such conditions as the District Court sees fit to impose.

Notice of the order shall be served in the manner set forth in 2 MLBS § 3006. Conditions that

the District Court may impose in an order of exclusion may include, but shall not be limited to;

the payment of money or performance of labor by the person to be excluded as restitution for

damage caused by the person, and the payment of a civil penalty. A conditional civil penalty

included in an order of exclusion shall be in the nature of a civil forfeiture and not a criminal

fine and shall be for the purpose of recovering in part the costs of enforcement of this chapter.

An order of exclusion shall remain in force until revoked by the District Court unless the order

specifically provides otherwise.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 7.

§ 3009. Enforcement Proceedings.

If any person ordered excluded from said lands by the District Court does not promptly comply

with the order of exclusion, the District Court shall order his removal from said land at the nonmember's expense, or the prevention of his entry into lands under the jurisdiction of the NonRemovable Mille Lacs Band of Chippewa Indians, and may refer the matter to the United States

Attorney for prosecution under any applicable federal statute.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 8.

§ 3010. Emergency Writs.

If, upon receipt of a valid Complaint for exclusion, the District Court finds that the presence of

the person proposed for exclusion on said lands presents an immediate danger to the life, health,

morals or property of the Band, its members or other residents of said land, and further finds that

delay would result in irreparable injury, the District Court may issue an Emergency Writ of

Exclusion without providing prior notice as required by 2 MLBS § 3006, or holding a hearing as

required by 2 MLBS § 3007. The District Court shall cause the Writ to be served upon the

person in the most expeditious manner practical under the circumstances. An Emergency Writ

of Exclusion may, in addition to ordering the exclusion of a person, direct any law enforcement

officer to remove the person from land under the jurisdiction of the Non-Removable Mille Lacs

band of Chippewa Indians. In the event that removal is ordered, the law enforcement officer

executing the Writ shall use only so much force as is necessary to effect the removal, and shall

serve a copy of the Writ upon the person at the time of removal or as soon thereafter as possible.

An Emergency Writ of Exclusion shall remain in force until revoked by the District Court unless

the Writ specifically provides otherwise.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 9.

§ 3011. Authorized Entry for Exclusion Hearing.

An emergency Writ of exclusion shall contain notice to the person excluded of the time at which

he may enter said land in the company of a law enforcement officer for the purpose of attending

an exclusion hearing before the District Court. The person must be accompanied by a law

enforcement officer at all times during his presence on said land unless the Writ specifically

provides otherwise. In all other respects, the provisions of 2 MLBS §§ 3007 to 3009 shall be

applicable to a person excluded from land under the jurisdiction of the Non-Removable Mille

Lacs Band of Chippewa Indians under an Emergency Writ of Exclusion.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7 § 10.

§ 3012. Review of Orders of Exclusion and Removal.

The Appellate Court shall have exclusive jurisdiction to hear appeals from orders of exclusion.

No appeal may be taken from an exclusion order if the person excluded failed without good

cause to appear at the exclusion hearing. An excluded person may enter said lands in the

company of a law enforcement officer for the purpose of presenting argument to the Appellate

Court. The person must be accompanied by a law enforcement officer at all times during his

presence on said lands unless the order of exclusion specifically provides otherwise.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 11.

§ 3013. Stays.

(a)

(b)

The appellate Court may stay an order of exclusion upon condition of security as it

deems just, only if:

(1)

all prior hearing remedies have been exhausted, and

(2)

no substantial interest of the Band, its members, or other residents of said land

will be adversely affected thereby.

All orders of exclusion shall remain in full force and effect pending appeal unless

stayed as provided herein.

Historical and Statutory Notes

Source:

Band Statute 1069-MLC-7, § 12.

TITLE 3 - LEGISLATIVE BRANCH

Section

1. Band Assembly.

2. Legislative Power.

3. Initiative and Referendum.

4. Band Assembly Members.

5. Terms of Office.

6. Powers and Duties of Speaker of Assembly.

7. Powers and Duties of the Secretary-Treasurer.

8. Powers and Duties of District Representatives.

9. Parliamentarian/Clerk of the Band Assembly.

10. Record of Proceedings.

11. Rules of Band Assembly.

12. Membership of Band Assembly.

13. Quorum.

14. Roll Call Vote.

15. Compensation.

16. Passage of Laws.

17. Annulment of Commissioner's Orders and Opinions of Solicitor General.

18. Appropriation Bills Prior to End of Fiscal Year.

19. Fiscal Year.

20. Petitions of Members of Band.

21. Legislative Privilege.

22. Assembly Powers of Inquiry.

23. Multi-Topic Bills.

24. Joint Session of Band Assembly.

25. Removal of Elected Officials or Appointees.

26. Elections.

27. Legislative Orders.

28. Style of Laws.

29. Interpretation of Title.

30. Construction of Title.

Historical and Statutory Notes

Band Statute 1142-MLC-2, §§ 1 and 2 provide: "Section 1. Purpose. The purpose of this act is to

promote the general welfare of the Non-Removable Mille Lacs Bands of Chippewa Indians and its

members by establishing duties, purposes and procedures for the conduct of domestic and external affairs

of the Band by a form of government based upon the principle of division of powers. This statute is

enacted by the authority vested in the Mille Lacs Reservation Business Committee under Article VI,

Section 1 of the Constitution of the Minnesota Chippewa Tribe.

“Section 2. Scope of Amending Provision. Band Statutes 1001-MLC-1, 1002-MLC-02,

1008-MLC-1, 1011-MLC-5, 1024-MLC-3, 1032-MLC-1, 1033-MLC-1, 1037-MLC-2, 1039-MLC-1,

1063-MLC-5 are hereby repealed in their entirety and replaced by the provisions of this act, except that:

"Section 2.01. The provisions of Band Statute 1032-MLC-1, Section 28, relating to the authorities of the

Commissioner of Corporate Affairs shall be transferred and hereinafter referenced by Band Statute 1077MLC-16, Section 5.

"Section 2.02. The provisions of Band Statutes 1032-MLC-1, Section 29, relating to the authorities of the

commissioner of Natural Resources shall be transferred and hereinafter referenced by Band Statute 1030MLC-22 Section 32."

The Title of Band Ordinance 23-99 is “An Ordinance amending the budgeting period of the Mille Lacs

Band of Ojibwe and repealing and replacing 4 MLBS §3(d), 4 MLBS §10(e), 3 MLBS §18 and 5 MLBS

114(e) of the Mille Lacs Band Statutes Annotated.”

The Preamble of Band Ordinance 23-99 provides: “It is enacted by the Band Assembly of the Mille Lacs

Band of Ojibwe for the purposes of amending the body of law governing the Band’s budgeting period.

The Band Assembly determines that it is in the Band’s best interest to appropriate Band funds for a twoyear budgeting period.” Band Ordinance 23-99, §§ 1 & 2 provide:

“Section 1. Purpose “This Act is intended to amend the body of law governing the budgeting cycle of

the Mille Lacs Band of Ojibwe. The purpose of this Act is to provide a process whereby the Mille Lacs

Band of Ojibwe appropriates funds based on a two-year time period.

“Section 2. Repeal “3 MLBAS §18, 4 MLBS §3(d), 4 MLBS §10(e) and 5 MLBS §114(e) of the Mille

Lacs Band Statutes Annotated is hereby repealed and replaced in its entirety.”

Cross References

Band government identification cards, see 22 MLBS § 308.

Bribery, see 24 MLBS § 1203.

Environmental Protection Ordinance, approval of variances, see 11 MLBS § 115.

Exemption from personnel manual provisions, see 6 MLBS § 8.

Procurement, Band Assembly responsibilities, see 7 MLBS § 103.

Special Revenue Resolutions, see 22 MLBS § 102.

§ 1. Band Assembly.

All legislative political authority of the Non-Removable Mille Lacs Bands of Chippewa Indians

shall be vested in the Legislative Branch of government. The Legislative Branch of government

shall be known as the Band Assembly. It shall be comprised of the duly elected representatives

of the legislative districts of the Mille Lacs Reservation. Each District shall elect one

representative. The Districts are as follows: District 1 Nay-Ah-Shing, District 2, Mi ni Si na

kwang, Chi MI ni sing, Sandy Lake, and Minnewawa, District 3 Ah Sho Moog. The SecretaryTreasurer shall be the leader of the Band Assembly. The Secretary-Treasurer shall exercise

his/her legislative duties under the title "Speaker of the Assembly." The Secretary-Treasurer

shall exercise his/her financial duties under the title "Secretary of Treasury." Unless otherwise

specified by Band Statute, all legislative authority of the Mille Lacs Reservation Business

Committee shall be exercised by the Band Assembly. The Band Assembly is and shall be the

body referred to in the Constitution as the Reservation Business Committee.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 4.01.

Cross References

Designation of band districts, see 2 MLBS§ 11.

Functions of governmental authority, see 2 MLBS § 4.

Reservation Business Committee, see Const. Art. 3, § 2.

§ 2. Legislative Power.

It shall be the authority and duty of the Legislative Branch to enact laws which regulate internal

and external affairs of the Mille Lacs Bands in order to promote the general welfare of the

people. The Band Assembly shall have power:

(a)

to enact laws which promote the general welfare of the people;

(b)

to appropriate all Band revenue regardless of source;

(c)

to confirm appointments of the Chief Executive, which are by law required to be

with the advice and consent of the Band Assembly;

(d)

to adopt resolutions;

(e)

to annul any Commissioner's Order or any opinion of the Solicitor General in

conformity with 3 MLBS § 17;

(f)

to ratify agreements, contracts, cooperative and reciprocity agreements and

memoranda of understanding; and

(g)

to perform all other legislative functions conferred by the provisions of Article VI

of the Constitution of the Minnesota Chippewa Tribe.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 5.

Cross References

Consolidated Nay-Ah-Shing School Board; powers reserved to Band Assembly, see 9 MLBS § 15.

Education-related funds, appropriation authority, see 9 MLBS § 27.

Gaming, Compacts with State of Minnesota, see 15 MLBS § 106.

Management agreements, ratification, see 15 MLBS § 105.

Negotiation and execution of agreements, contracts, etc., see 4 MLBS § 3.

Recommendation of agreements, contracts, etc., see 4 MLBS § 6.

Violation of approved Tribal Ordinance, see 24 MLBS § 1211.

§ 3. Initiative and Referendum.

(a)

The legislative authority of the Non-Removable Mille Lacs Bands of Chippewa

Indians is vested in the Band Assembly, but there is reserved to the people the power

to propose bills and laws and to enact or reject the same at the polls, independent of

the Band Assembly and at their own option, to approve or reject at the polls any item,

section or part of any bill or law passed by the Band Assembly, subject to election

regulations promulgated by the Band Assembly.

(b)

The power of the people to approve or reject at the polls any item, section or part of

any bill or law passed by the Band Assembly shall be exercised by filing a petition

with the Secretary-Treasurer, signed by at least 5% of the Band members entitled to

vote in tribal elections based on the total number of registered voters at the last

preceding tribal election, within 20 days after the passage of such bill or law. Newly

enacted bills and laws shall be posted in each district within 5 days of enactment and

shall remain posted until 20 days have passed after enactment. The same petition

requirements, excluding the 20 day limitation, shall apply to the power of the people

to propose new bills and laws. An election regarding such initiative or referendum

shall be held within 30 days after the filing of the petition.

(c)

The people shall not have the power to approve or reject at the polls any item, section

or part of any bill or law passed by the Band Assembly prior to September 19, 1992.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 6.

Band Ordinance 08-93.

Cross References

Referendum, see Const. Art. 14, § 2.

§ 4. Band Assembly Members.

The Band Assembly shall be comprised of the popularly-elected Secretary-Treasurer who shall

be the Speaker, and the popularly elected District Representatives from each of the three

districts within the territorial jurisdiction of the Reservation. Each District Representative shall

have one vote in the Band Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 7.

§ 5. Terms of Office.

The terms of office of the members of the Band Assembly shall be the term prescribed for the

Secretary-Treasurer and Committeemen of the Reservation Business Committee in Article IV,

§ 3, of the Constitution.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 8.

§ 6. Powers and Duties of Speaker of Assembly.

The Speaker of the Assembly shall be the leader of the Legislative Branch of

Government and have the following authority in exercising said authority of government:

(a)

(b)

(1)

to convene the Assembly for due cause at any time. In the event that he/she

shall fail to do so upon request of any two District Representatives, the

Assembly may be convened after 48 hours’ notice by any member of the Band

Assembly;

(2)

to be considered as a member of the Assembly for purposes of establishing a

quorum;

(3)

to require the prompt recording of the Assembly's acts and deeds;

(4)

to schedule all special hearings of the Assembly upon request of any two

District Representatives;

(5)

to have the powers of authorization for issuance of all subpoenas and official

documents on behalf of the Band Assembly; and

(6)

to maintain order in all sessions of the Band Assembly.

He/she shall not be a voting member of the Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 9.

§ 7. Powers and Duties of Secretary-Treasurer.

The Secretary-Treasurer shall have the following general powers and duties in administrating

the financial affairs of Band government:

(a)

to superintend and manage all fiscal operations, planning and budgeting of the

Non-Removable Mille Lacs Band of Chippewa Indians as authorized by the

Band Assembly;

(b)

to enforce on behalf of the Band, all judgments and claims rendered in its

favor;

(c)

to receive and receipt for all monies paid into the Band treasury and safely

keep the same until lawfully disbursed by formal appropriation;

(d)

to have powers of investigations of financial irregularity;

(e)

to require the production of such books, accounts, documents and property

under any lawful financial inquiry in all things that will aid him/her in the

performance of his/her duties;

(f)

to levy, impound or attach any financial account of the Non-Removable Mille

Lacs Band of Chippewa Indians or any political subdivision thereof to prevent

serious financial jeopardy or acts in violation of law. This authority shall not

be exercised to contravene any lawful acts of the Band Assembly;

(g)

to issue Secretarial Orders to implement decisions concerning matters of the

fiscal affairs of the Band consistent with the powers herein delegated. Such

written orders shall be in uniform format, numbered consecutively and have

expiration dates;

(h)

to nominate in conjunction with the Chief Executive a suitable person to act as

the Commissioner of Finance;

(i)

the Secretary-Treasurer shall post a fidelity bond in favor of the NonRemovable Mille Lacs Band of Chippewa Indians in an amount satisfactory to

the Band Assembly; and

(j)

the Secretary-Treasurer shall coordinate with the Commissioner of Finance for

the Office of Management and Budget, to ensure that financial planning and

operations are consistent.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 10.

Cross References

Commissioner of Finance, see 22 MLBS § 101 et seq.

Public Works Commission, financial record system, see 13 MLBS § 14.

Review of proposed procurement actions, see 7 MLBS § 6.

Violation of Secretarial Orders, see 24 MLBS § 1212.

§ 8. Powers and Duties of District Representatives.

(a)

(b)

The District Representatives shall have the following individual authority in the

exercise of legislative powers of Band government:

(1)

To introduce into the Band Assembly appropriate bills promoting the general

welfare of the people for enactment into the laws of the Band.

(2)

To establish district committees within their respective districts for the

purpose of aiding them in the performance of their legislative duties.

(3)

To chair public hearings on any proposed law within their appropriate district.

(4)

To attend all sessions of the Band Assembly when called upon by the Speaker

of the Assembly. The failure to attend any session of the Band Assembly shall

require the official consent of the Band Assembly in order to consider said

absence as excused.

(5)

To represent the community interests of the district from which the

Representative was elected. The Representative shall exercise this duty fairly

and impartially in order to promote the general welfare of all district residents.

(6)

To authorize the use of district community centers according to written

standards that are fair and reasonable.

(7)

To comply with the provisions of the oath of office of a District

Representative.

(8)

To refrain from the disclosure or distribution of any privileged or confidential

information or documents that may come into their possession as a result of

their office.

(9)

To perform all legislative and other duties as may be assigned by the Speaker

of the Assembly or the Band Assembly.

No popularly-elected District Representative to the Band Assembly shall exercise any

of the authority properly belonging to either the Executive or Judicial branches of

government or to any officer who is appointed to serve the Non-Removable Mille

Lacs Bands of Chippewa Indians.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 11.

Cross References

Community centers, use, see Exec. Order 033.

Division of powers, see 2 MLBS § 3.

Functions of Band government, see 2 MLBS § 4.

§ 9. Parliamentarian/Clerk of the Band Assembly.

The Band Assembly shall appoint an individual, not a member of the Band Assembly, who shall

act as Parliamentarian and Clerk of the Band Assembly. He/she shall be independent of any

supervisory authority in the Band Assembly when acting as Parliamentarian. All parliamentary

decisions shall be rendered in an impartial manner and be in accordance with Robert's Rules of

Order. He/she may be removed from office by unanimous vote of the Band Assembly in

concurrence with the Speaker of the Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2 § 12

§ 10. Record of Proceedings.

It shall be the duty of the Clerk of the Band Assembly to record all official minutes of the

proceedings of the Band Assembly. The official record of the proceedings of the Band

Assembly shall be prima facie evidence of the facts stated therein in the Court of Central

Jurisdiction and any other court of competent jurisdiction.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 12.01.

§ 11. Rules of Band Assembly.

The Band Assembly shall establish the rules of its proceedings, decide upon its adjournment and

discipline of its members through censure for improper conduct as a Band Assembly member;

or other disciplinary action, provided, however, that removal shall be governed by 3 MLBS

§ 24(a), but not twice for the same offense.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 13.

§ 12. Membership of Band Assembly.

The Band Assembly shall be defined as all popularly-elected or appointed members, in the case

of vacancies that may be filled pursuant to the provisions of Minnesota Chippewa Tribal

Election Ordinance Number 4. The Chief Executive shall not be a member of the Band

Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 14.

§ 13. Quorum.

Any three members shall constitute a quorum to transact business of the Band Assembly. The

Speaker of the Assembly shall be considered as a member of the Band Assembly for the purpose

of establishing a quorum.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 14.01.

§ 14. Roll Call Vote.

In all votes of the Band Assembly a roll call vote may be utilized upon the request of any

Representative and their roll call vote shall be entered for the record. Otherwise, all other votes

may be consensual.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 15

§ 15. Compensation.

The compensation for members of the Band Assembly shall be prescribed by Band Law

provided that sufficient funds are available for said compensation. No increase in compensation

shall take effect during the period for which the existing membership of the Band Assembly has

been elected after July 1, 1984.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 16.

§ 16. Passage of Laws.

(a)

The Band Assembly shall conduct formal public hearings on any bill which alters,

amends or repeals Titles 1, 3, 4 and 5, Chapter 1 of Title 2 and Subchapters 1 to 2 of

Chapter 3 of Title 24 of the Mille Lacs Band Statutes Annotated. The Band Assembly

may conduct public hearings on any or all other bills at their discretion. Public

hearings shall be held in all appropriate districts of the Mille Lacs Reservation prior

to the time that the Band Assembly seeks to formally act upon said bill. Additionally,

each bill shall be posted in a conspicuous location for ten calendar days after said bill

has been introduced at a public hearing. This provision shall not apply to any bill on

which no public hearing has been held.

(b)

A majority vote of the three District Representatives shall be required for the passage

of each bill.

(c)

After the formal action of the Band Assembly, no later than 72 hours after said action,

each bill shall be personally delivered to the Chief Executive, who shall have five

calendar days from the date of receipt to either sign the bill into law, or veto the bill

and return it to the Band Assembly with a written veto message containing his

objections to the bill. In the event he neither signs the bill or vetoes it, it shall become

law without his signature after the expiration of five days from date of receipt of the

bill.

(d)

The Clerk of the Band Assembly shall certify the date and time that each bill has been

forwarded to the Chief Executive for his action. This date shall be utilized to

determine the appropriate five calendar day time period found in subsection (c).

(e)

Any bill which has been vetoed and returned by the Chief Executive shall have a

compromise hearing within five calendar days of the return. Failure of the Band

Assembly to act within the five calendar days shall halt further action on said bill for

180 days. Should the Assembly hold a compromise hearing with the Chief Executive

within the allocated time, fifteen calendar days shall be available to negotiate an

agreement for the bill's passage into law. Should an agreement not be concluded

within the allotted time, further action on the bill is precluded for 180 days from said

date. Appropriation bills shall be excluded from the above time schedule.

(f)

An appropriation bill which has been returned by the Chief Executive shall have a

compromise hearing within three calendar days of the return to the Band Assembly.

Negotiations shall commence with the Chief Executive on the fourth calendar day

thereafter and shall continue until a compromise has been achieved. During this time

the Assembly is precluded from adjourning.

(g)

A veto by the Chief Executive is a total veto of the entire bill. Sectional vetoes shall

be prohibited pursuant to the provisions of this section.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 17.

Cross References

Approval of laws by Tribal Executive Committee, see Const. Art. 15, § 3.

Chief Executive's powers and duties, see 4 MLBS § 6.

Great Lakes Indian Fish and Wildlife Compact withdrawal, see 2 MLBS § 1157.

Land consolidation, applicability of federal law and regulations, see 21 MLBS § 104.

Review of laws by Secretary of Interior, see Const. Art. 15, § 2.

Violation of approved Tribal Ordinance, see 24 MLBS § 1211.

§ 17. Annulment of Commissioner's Orders and Opinions of Solicitor General.

The Band Assembly shall have five calendar days from the date of receipt of such order or

opinion to submit notice of its intent to annul any Commissioner's Order or the Opinion of the

Solicitor General. Said notice shall be directed to the attention of the Chief Executive and the

appropriate Commissioner and/or Solicitor General. Within ten consecutive days thereafter, the

Band Assembly shall hold a hearing on the proposed annulment of the Commissioner's Order or

the Opinion of the Solicitor General. At such hearing the appropriate Commissioner or the

Solicitor General shall appear before the Band Assembly to justify the particular

Commissioner's Order or Opinion of the Solicitor General. The Band Assembly, within five

consecutive days after said hearing, may act to either accept the said Commissioner's Order or

Opinion of the Solicitor General, or act to annul, in whole or in part, the particular

Commissioner's Order or Opinion of the Solicitor General.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 19.

Cross References

Commissioner of Corporate Affairs, Commissioner's Orders, see 16 MLBS § 6.

Commissioner's Orders, see 4 MLBS § 7

Opinions of Solicitor General, see 4 MLBS § 18.

§ 18. Appropriation Bills.

Should the Band Assembly fail to pass an appropriation bill before the start of the Band's

biennium or should said bill be vetoed by the Chief Executive, all fiscal operations of the Band

shall cease as of midnight of the last day of the biennium, unless the Band Assembly adopts a

continuing resolution prior to such time.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 20.

Band Ordinance 23-99, §§ 2, 3.

Cross References

Preparation and submission of budget requests, see 4 MLBS § 3.

§ 19. Fiscal Year.

The fiscal year of the Non-Removable Mille Lacs Bands of Chippewa Indians shall be October

1 through September 30 of each calendar year.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 20.01.

§ 20. Petitions of Members of Band.

The Band Assembly shall pass no law or legislative order which abridges the rights of the

membership to petition the Band Assembly on matters of the Band government.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 21.

§ 21. Legislative Privilege.

No member of the Band Assembly shall be subject to suit or criminal prosecution brought

against him or her for acts performed and remarks made in any session of the Band Assembly.

This shall not, however, preclude judicial review in a proper case, of the constitutionality or

legality of acts and decisions taken by the Band Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 22

§ 22. Assembly Powers of Inquiry.

(a)

The Assembly shall have the power to hold Hearings of Inquiry on any issue

affecting the general welfare of the Band or its members. Said power shall

include the power to issue subpoenas and cause them to be served and enforced,

and the power to impound records or documents that will aid the Assembly in

fulfilling its responsibility to the members of the Band.

(b)

All official Hearings of Inquiry of the Band Assembly shall be held according to

4 MLBS §§ 13 and 14.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 23.

§ 23. Multi-Topic Bills.

The Band Assembly may pass any bill with many topics and said shall not be limited to one

topic for any one bill.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 24.

§ 24. Joint Session of Band Assembly.

(a)

The Joint Session of the Band Assembly may be convened for the purpose of

considering removal of members and officers as prescribed in Article X of the

Constitution of the Minnesota Chippewa Tribe. Vacancies on the Band Assembly

shall also be filled by appointment of the Joint Assembly. Appointees shall serve until

the next election prescribed by the Election Ordinance Number 4. The Joint Session

of the Band Assembly may be convened only by the Speaker of the Assembly. In the

event that the Speaker of the Assembly shall refuse to convene the Joint Session of

the Band Assembly under extraordinary circumstances, the remaining four members

of the Joint Session of the Band Assembly may convene said session by presenting to

the Speaker of the Assembly a notice of intent to hold said meeting and describing the

time and place for said meeting.

(b)

The membership of the Joint Session of the Band Assembly shall be the Speaker of

the Assembly, who shall preside, the District One Representative, the District Two

Representative, the District Three Representative and the Tribal Chairman/Chief

Executive.

(c)

Except as specifically authorized by any provision of the Constitution of the

Minnesota Chippewa Tribe, the Joint Session of the Band Assembly shall take no

action which serves to undermine or encroaches upon the distribution of the authority

of the Band as found in Titles 1 to 5 of the Mille Lacs Band Statutes Annotated.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 25.

Cross References

Division of powers, see 2 MLBS § 3.

Functions of government authority, see 2 MLBS § 4.

Powers and duties of Chief Executive, see 4 MLBS § 6.

§ 25. Removal of Elected Officials or Appointees.

(a)

The Joint Session of the Band Assembly shall have powers of impeachment over

popularly-elected officials of the Non-Removable Mille Lacs Bands of Chippewa

Indians, as well as appointees of the Chief Executive as stated and defined in Title 4

of the Mille Lacs Band Statutes Annotated. The cause of removal shall be as found in

Article X, Section 2, of the Constitution of the Minnesota Chippewa Tribe. All

removal proceedings of the Joint Session of the Band Assembly shall be made in

concert with the provisions of Article X, Section 3 of the Constitution of the

Minnesota Chippewa Tribe.

(b)

On matters of removal, the Speaker of the Assembly shall have one vote and the

Chief Executive shall have one vote. A two-thirds majority vote of the Joint Session

of the Band Assembly shall be required to remove any popularly-elected officer of

the Band.

(c)

No popularly-elected official of the Joint Session of the Band Assembly shall vote on

any issue related to removal of said officer in which that officer is the topic of the

removal proceedings.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 26.

Cross References

Commissioner for corporate Affairs, removal from office, see 16 MLBS § 3.

Consolidated Nay-Ah-Shing School Board, removal from office, see 9 MLBS § 6.

Court of Appeals Justices, removal for cause, see 5 MLBS §§ 5, 11.

District Court Judge, removal for cause, see 5 MLBS §§ 7, 10, 11.

Employee Credit Union, Board of Directors, terms and removal, see 17 MLBS § 4.

Recall of appointed officials, see 4 MLBS § 15.

§ 26. Elections.

The Joint Session of the Band Assembly shall have the power to call an election at any time;

however, elections established under Article IV, Section 1 of the Constitution and By-Laws of

the Minnesota Chippewa Tribe shall be held when directed by the two-thirds majority vote of

the Tribal Executive Committee of the Minnesota Chippewa Tribe. Upon the official action of

the Joint Session of the Band Assembly or the Tribal Executive Committee, the Chief Executive

shall cause to have prepared and distributed an official Writ of Election.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 27.

§ 27. Legislative Orders.

(a)

The Band Assembly of the Non-Removable Mille Lacs Bands of Chippewa Indians

may issue Legislative Orders on any subject matter within the Legislative Branch of

government pursuant to authority conferred by this Title and the Constitution of the

Minnesota Chippewa Tribe. Any said Legislative Order shall be authorized by a

majority vote of the members of the Band Assembly. All members of the Band

Assembly, as well as the Speaker of the Assembly, shall affix their signatures to any

said Legislative Order, however, the failure of one or two members of the Band

Assembly to countersign any Legislative Order shall not invalidate the Order

provided it is passed by a majority vote of the Band Assembly under its rules of

procedure.

(b)

All said Legislative Orders shall be consecutively numbered and bear the signature of

the Solicitor General as to form and execution and have the official seal of the Band

affixed thereto.

(c)

The Clerk of the Band Assembly shall be responsible for safe keeping of original

copies of all Legislative Orders. All Legislative Orders shall have the full force of law

of the Mille Lacs Bands until amended or repealed. The Clerk of the Band Assembly

shall produce and distribute all Legislative Orders within 24 hours after formal

enactment of the Band Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 28.

§ 28. Style of Laws.

The style of laws of the Non-Removable Mille Lacs Bands of Chippewa Indians shall be: "Be it

enacted by the Band Assembly of the Non-Removable Mille Lacs Bands of Chippewa Indians."

And no laws shall be enacted except by bill.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 29.

§ 29. Interpretation of Title.

Should there be any doubt as to the proper interpretation of any part of this title, or of 2 MLBS

Chapter 1, the Speaker of the Assembly or the Band Assembly as an entity may submit such

question to the Solicitor General, who shall give his or her written Opinion thereon, and such

Opinion shall be binding unless annulled in whole or in part, by the Court of Central

Jurisdiction, or amended by the Band Assembly pursuant to the enactment of the law. The

Exterior Legal Counsel of the Band shall, on request, assist the Solicitor General in the proper

interpretation of this or any other Band statute upon official request of the Band Assembly.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 32.

Cross References

Legal counsel, see 4 MLBS § 16.

§ 30. Construction of Title.

The Solicitor General or the Exterior Legal Counsel and the Court of Central Jurisdiction,

whichever is applicable, shall liberally construe the provisions of this title, or of 2 MLBS

Chapter 1, so as to provide for the full force and effect of the purposes therein stated.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 33.

TITLE 4 - EXECUTIVE BRANCH

Section

1. Definitions.

2. Executive Political Authority.

3. Powers and Duties of the Executive Branch.

4. Executive Officers.

5. Terms of Office.

6. Powers and Duties of Chief Executive.

7. Powers and Duties of executive officers.

8. Creation, Powers and Duties of Administration Policy Board.

9. Membership and Meetings of Administration Policy Board.

10. Powers and Duties of Commissioner of Administration.

11. Executive Committees.

12. Executive Hearings.

13. Procedures for Conduct of Hearings of Inquiry.

14. Decisions or Orders After Hearings of Inquiry.

15. Recall of Appointed Officials.

16. Legal Counsel.

17. Appointment of Solicitor General.

18. Duties of Solicitor General.

19. Legal Standards of Office of Solicitor General.

20. Legal Responsibilities of Solicitor General in Capacity of Prosecutor.

21. Immunity of Solicitor General.

22. Office Commissions.

23. Letters of Credence.

24. Executive Privilege and Immunity.

25. Interpretation of Title.

26. Construction of Title.

Historical and Statutory Notes

The Preamble of Band Statute 1142-MLC-3 provides: "WHEREAS, in 1981 the Non-Removable

Mille Lacs Band of Chippewa Indians, in a historic step, adopted a form of government based on

the principal of division of powers, and,

"WHEREAS, that form of government has proven to be highly satisfactory, but experience with the large

body of law which was necessary to establish the system has revealed a number of flaws and ambiguities

and,

"WHEREAS, The Band Assembly has determined to improve Band government of adopting an entire

Code of government, revising and replacing the former Code, NOW

THEREFORE, IT IS ENACTED BY THE BAND ASSEMBLY:"

Band Statute 1142-MLC-3, §§ I and 2 provide:

"Section 1. Purpose. The purpose of this act is to promote the general welfare of the Non-Removable

Mille Lacs Bands of Chippewa Indians and its members by establishing duties, purposes and procedures

for the conduct of domestic and external affairs of the Band by a form of government based upon the

principle of division of powers. This statute is enacted by the authority vested in the Mille Lacs

Reservation Business Committee under Article VI, Section 1 of the Constitution of the Minnesota

Chippewa Tribe.

"Section 2. Scope of Amending Provision. The provision of Band Statutes 1001-MLC-1, 1008-MLC-1,

1032-MLC-1, 1033-MLC-1, 1039-MLC-1 are hereby repealed in their entirety and replaced by the

provisions of this act, except that:

"Section 2.01. The provisions of Band Statute 1032-MLC-1, Section 28, relating to the authorities of the

Commissioner of Corporate Affairs shall be transferred and hereinafter referenced by Band Statute 1077MLC-16, Section 5.

"Section 2.02. The provisions of Band Statute 1032-MLC-1, Section 29, relating to the authorities of the

Commissioner of Natural Resources shall be transferred and hereinafter referenced by Band Statute 1030MLC-22, Section 32."

The Title of Band Ordinance 23-99 is “An Ordinance amending the budgeting period of the Mille Lacs

Band of Ojibwe and repealing and replacing 4 MLBS §3(d), 4 MLBS §10(e), 3 MLBS §18 and 5 MLBS

114(e) of the Mille Lacs Band Statutes Annotated.”

The Preamble of Band Ordinance 23-99 provides: “It is enacted by the Band Assembly of the Mille Lacs

Band of Ojibwe for the purposes of amending the body of law governing the Band’s budgeting period.

The Band Assembly determines that it is in the Band’s best interest to appropriate Band funds for a twoyear budgeting period.”

Band Ordinance 23-99, §§ 1 & 2 provide:

“Section 1. Purpose “This Act is intended to amend the body of law governing the budgeting

cycle of the Mille Lacs Band of Ojibwe. The purpose of this Act is to provide a process whereby

the Mille Lacs Band of Ojibwe appropriates funds based on a two-year time period.

“Section 2. Repeal “3 MLBAS §18, 4 MLBS §3(d), 4 MLBS §10(e) and 5 MLBS §114(e) of the

Mille Lacs Band Statutes Annotated is hereby repealed and replaced in its entirety.”

Cross References

Band government identification cards, see 22 MLBS § 308.

Bribery, see 24 MLBS § 1203.

Consolidated Nay-Ah-Shing School Board as independent subdivision of Executive Branch, see 9 MLBS

§ 1.

§ 1. Definitions.

The following words shall have the meanings herein subscribed:

(a)

The "Band" shall mean the Non-Removable Mille Lacs Bands of Chippewa Indians.

(b)

The "Band Statute" shall mean the codified laws of the Non-Removable Mille Lacs

Bands of Chippewa Indians

(c)

"Commissions" shall mean the legal papers which authorize an officer of the NonRemovable Mille Lacs Bands of Chippewa Indians to hold official office in the

governmental structure of the Band.

(d)

The "Constitution" shall mean the Constitution of the Minnesota Chippewa Tribe.

(e)

"Domestic Affairs" shall mean the internal concerns of the five constituent Bands

which comprise the Non-Removable Mille Lacs Bands of Chippewa Indians and their

people.

(f)

"External Affairs" shall mean the matters of trade, commerce and interaction and

general relations with governments, corporations, Indian tribes or bands or citizens of

the United States of America.

(g)

"Letters of Credence" shall mean the legal papers which authorize an officer of the

Non-Removable Mille Lacs Band of Chippewa Indians to conduct external affairs on

behalf of the Band.

(h)

The "Members" shall mean the enrolled members of the Non-Removable Mille Lacs

Bands of Chippewa Indians.

(i)

The "People" shall mean the enrolled members of the Non-Removable Mille Lacs

Bands of Chippewa Indians.

(j)

The "Tribe" shall mean the Minnesota Chippewa Tribe.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 28.

§ 2. Executive Political Authority.

All executive political authority of the Non-Removable Mille Lacs Bands of Chippewa

Indians shall be vested in the Executive Branch of government. The leader of the

Executive Branch shall be the popularly-elected tribal chairman, whose title shall be

Chief Executive. The Chief Executive is the officer referred to in the Constitution as the

Chairman. Unless otherwise specified by Band Statute, all Executive Branch authority shall be

exercised by the Chief Executive.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 3.

Cross References

Chairman, Reservation Business Committee, see Const. Art. 3, § 2.

Division of powers, see 2 MLBS § 3.

Functions of government authority, see 2 MLBS § 4.

§ 3. Powers and Duties of the Executive Branch.

It shall be the authority and duty of the Executive Branch to see that the laws of the Band are

faithfully executed. The Executive Branch shall have power to:

(a)

Conduct relations with all other governments and their political subdivisions.

(b)

Negotiate and execute agreements, contracts, cooperative and reciprocity agreements,

memoranda of understanding, on behalf of the Band, subject to ratification by the

Band Assembly wherever required by Band statute.

(c)

Administer contracts and grants, cooperative and reciprocity agreements and

memoranda of understanding, under the terms and conditions contained therein.

(d)

Prepare biennial budget requests for all executive functions and submit the same to

the Band Assembly for appropriation no later than September 1 of each odd

numbered year.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 4.

Band Ordinance 23-99, §§ 2, 4.

Cross References

Appropriation bills prior to end of fiscal year, see 3 MLBS § 18.

Fiscal year, see 3 MLBS § 19.

Ratification of agreements by Band Assembly, see 3 MLBS § 2.

§ 4. Executive Officers.

The executive officers of the Non-Removable Mille Lacs Bands of Chippewa Indians shall

consist of the Chief Executive, Commissioner of Administration, Assistant Commissioner of

Administration, Commissioner of Natural Resources, Commissioner of Education,

Commissioner of Corporate Affairs, the Commissioner of Human Services, and Commissioner

of Community Development.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 5.

Band Ordinance 20-97, § 1.

Cross References

Education department programs, delineation of responsibility, see Exec. Order 108-93.

Efficient operation of Band government and employment of Band members, see Exec. Order 104-92.

Vehicles owned by Band, maintenance and log books, see Exec. Order 109-93.

§ 5. Terms of Office.

The term of office of the Chief Executive shall be the term prescribed for the Chairman of the

Reservation Business Committee in Article IV, § 3 of the Constitution. The terms of office of

the other executive officers shall be four years in duration commencing July 1, 1985.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 6.

§ 6. Powers and Duties of Chief Executive.

The Chief Executive shall have the following authority in exercising the executive powers of

Band government:

(a)

To faithfully and impartially execute the laws, judicial determinations, orders and

resolutions of the Band.

(b)

To appoint wherever authorized by Band Statute, executive officers, judges, heads of

commissions, boards or authorities, legal and financial counsel and to make

appointments to fill any vacancy in any office as authorized by Band Statute and

subject to confirmation by the Band Assembly.

(c)

To conduct external relations with all other governments and their political

subdivisions.

(d)

To recommend agreements, contracts, cooperative and reciprocity agreements and

memoranda of understandings to the Band Assembly for ratification.

(e)

To issue proclamations and executive orders on any subject matter within the

Executive Branch of government pursuant to the authority conferred by Band Statute.

Such written statements shall be of uniform form and shall be numbered

consecutively and/or effective expiration.

(f)

To act as the custodian of all Band property.

(g)

To appoint executive committees, which may hold official hearings to assist the Chief

Executive in conducting the duties of the office. Such executive committees shall

have the power to issue subpoenas and cause them to be served and enforced

consistent with the provisions of due process. All hearings of such committees shall

be held in accordance with 4 MLBS §§ 13 and 14.

(h)

To sit in the Joint Session of the Band Assembly as provided by 3 MLBS § 24.

(i)

To present to the Band Assembly an annual State of the Band Address on the second

Tuesday of January of each calendar year. The Chief Executive shall, from time to

time, give information to the Band Assembly and recommend to their consideration

such measures as he/she shall judge necessary and expedient.

(j)

To call general and special elections upon the prior authorization of the Joint Session

of the Band Assembly pursuant to the provisions of Article IV, § 1 of the

Constitution.

(k)

To issue pardons and commutations of sentences to any individual convicted of a

crime in the Court of Central Jurisdiction under such regulations and restrictions as

may be prescribed by Band statute.

(l)

To approve or veto any proposed law which shall have passed the Band Assembly

pursuant to the regulations prescribed by 3 MLBS § 16(c).

(m)

To make rules and policies consistent with the provisions of Band statute.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 7.

Cross References

Capital Improvements Authority Board of Commissioners, see 14 MLBS § 2.

Commissioner of Corporate Affairs, appointment, see 16 MLBS § 2.

Consolidated Nay-Ah-Shing School Board, veto authority of Chief Executive, see 9 MLBS § 28.

Corporate Commission, Board composition, see 16 MLBS § 103.

Environmental Protection Commission, selection and terms of office, see 11 MLBS § 3.

Exemption from provisions of personnel manual, see 6 MLBS § 8.

Government facilities, utilization and security, see Exec. Order 033.

Housing Authority Board of Commissioners, appointment, see 12 MLBS § 4.

Procurement, responsibilities of Chief Executive, see 7 MLBS § 104.

Public Works Commission Board of Supervisors, see 13 MLBS § 2.

Public Works Commission, enforcement of regulations, see 13 MLBS § 15.

Ratification of agreements, contracts, etc., see 3 MLBS § 2.

Review of proposed procurement actions, see 7 MLBS § 6.

Sentence, criminal procedure, see 24 MLBS § 4251 et seq.

Vehicles owned by Band, maintenance and log books, see Exec. Order 109-93.

Violation of Executive Orders, see 24 MLBS § 1212.

§ 7. Powers and Duties of Executive Officers.

The executive officers shall have the following general authority in exercising subject matter

authority conferred by Band statute:

(a)

To faithfully and impartially execute the laws of the Band and the policies of the

Executive Branch of government.

(b)

To conduct external relations with their counterparts in the political subdivisions of

other governments, pursuant to the prior authorization of the Chief Executive.

(c)

To authorize the expenditure of all appropriated funds within their subject matter

jurisdiction.

(d)

To regulate the performance of their duties by all persons employed within their area

of subject matter jurisdiction.

(e)

To advise the Chief Executive on all matters related to their subject matter

jurisdiction, be it external or domestic.

(f)

To recommend the reorganization of any department within their subject matter

jurisdiction as they may deem advisable in the interests of economy or efficiency.

(g)

To prescribe procedures for the development of policy in the area under their

respective jurisdiction.

(h)

To issue commissioner's orders on any subject matter within their jurisdiction

pursuant to the authority conferred by Band statute. Such written statements shall be

uniform format, numbered consecutively and have effective and expiration dates

affixed thereto.

(i)

To take such measures as are deemed necessary to prevent any action which threatens

the well-being of programs within their respective jurisdiction, by the issuance of a

formal commissioner's order.

(j)

To exercise any and all authority conferred pursuant to the provisions of any other

Band statute.

(k)

To perform any duties as may be lawfully assigned by the Chief Executive.

(l)

To represent the interests of the Chief Executive in matters within their respective

subject matter jurisdiction before the Band Assembly.

(m)

To represent the interests of the Executive Branch of Band government before any

exterior governmental body as authorized and directed by the Chief Executive. No

such representation shall occur by any commissioner unless the said commissioner

shall present to the exterior governmental body his or her official letters of credence.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 8.

Cross References

Annulment of Commissioner's Orders, see 3 MLBS § 17.

Commissioner of Finance, general powers and duties, see 22 MLBS § 104.

Education department programs, delineation of responsibility, see Exec. Order 108-93.

Efficient operation of Band government and employment of Band members, see Exec. Order 104-92.

Great Lakes Indian Fish and Wildlife Compact, commissioner's orders, see 2 MLBS § 1160.

Vehicles owned by Band, maintenance and log books, see Exec. Order 109-93.

Violation of Commissioner's Orders, see 24 MLBS § 1212.

§ 8. Creation, Powers and Duties of Administration Policy Board.

The Band Assembly hereby creates within the Executive Branch of Band government an entity

which shall be known as the Administration Policy Board. The Administration Policy Board

shall have the following powers, duties and responsibilities:

(a)

To employ and contract with any individual in fulfilling the mandates of the

Executive Branch of government.

(b)

To administer through lawful activities all grants and contracts received by the NonRemovable Mille Lacs Band of Chippewa Indians for the benefit of the general

welfare of the people of the Band. Such power to administrate the said grants and

contracts shall be limited to acts which affect all grants and contracts regardless of

particular subject matter. In the event that any particular administrative order shall

affect only one subject matter, the authority of the commissioner for that subject

matter shall prevail.

(c)

To authorize the submission of proposals to any exterior entity for authorized grants

and contracts which will benefit the general welfare of the people.

(d)

To regulate the performance of all employees, including the hiring and dismissal of

any employee, pursuant to the provisions of Band statute regulating civil service

employees.

(e)

To insure the lawful activities of any grant or contract within the Executive Branch of

government.

(f)

To recommend any measure to the Band Assembly for their consideration, upon the

advice and consent of the Chief Executive.

(g)

To negotiate all contracts and grants on behalf of the Executive Branch of Band

government. All such negotiated contracts shall be subject to ratification by the Band

Assembly.

(h)

To perform all duties as assigned by the Chief Executive.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 9.

Cross References

Employment Rights Program, see 18 MLBS § 401 et seq.

Government employees, see 6 MLBS § 1 et seq.

§ 9. Membership and Meetings of Administration Policy Board.

(a)

The Administration Policy Board shall consist of the following Executive Officers:

the Commissioner of Administration, the Assistant Commissioner of Administration,

the Commissioner of Natural Resources, the Commissioner of Education, the

Commissioner of Human Services, and the Commissioner of Community

Development. A quorum of four members of the Administration Policy Board shall

be required for the transaction of any official business. In the event that the

Administration Policy Board is unable to perform its duties due to lack of quorum,

the Commissioner of Administration may issue a commissioner's order to implement

any said matter. Any said commissioner's order issued under this circumstance, shall

be valid only until the next official meeting of the Administration Policy Board.

(b)

The Administration Policy Board shall be chaired by the Commissioner of

Administration. The Commissioner of Administration shall prepare an agenda for the

Administration Policy Board upon the advice and consent of the Chief Executive.

(c)

The Administration Policy Board shall convene on the second Thursday of each

month. Additional meetings may be held at any time thereafter upon notification by

the Commissioner of Administration.

(d)

All meetings of the Administration Policy Board shall be recorded and transcribed

into writing. The minutes of the Administration Policy Board shall constitute prima

facie evidence of the facts stated therein before any action in the Court of Central

Jurisdiction or any other court of competent jurisdiction.

(e)

Within five days after the convening of the Administration Policy Board, the

approved official record of said meeting shall be transmitted to the Speaker of the

Assembly who shall in turn present said record to the Band Assembly.

(f)

The Chief Executive shall have veto authority over any action of the Administration

Policy Board.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, §10.

Band Ordinance 20-97, § 2.

§ 10. Powers and Duties of Commissioner of Administration.

The Commissioner of Administration shall act as the Chief of Staff within the Executive Branch

of Band Government. The Commissioner of Administration shall have the following authority:

(a)

To act in the absence of any other commissioner.

(b)

To act by and with the advice and consent of the Chief Executive.

(c)

To sign by authorization all vouchers and expenditures of appropriated funds of the

Executive Branch pursuant to the provisions of Band statute.

(d)

To represent the interests of the Chief Executive in matters before the Band Assembly

upon the direction of the Chief Executive.

(e)

To be responsible for the preparation of the biennial budget for the Executive Branch

of Band government and for the submission of said budget to the Band Assembly no

later than September 1 of each odd numbered year.

(f)

To exercise all authority conferred pursuant to the provisions of any Band statute and

any authority conferred by the Chief Executive.

(g)

To delegate to the Assistant Commissioner of Administration any of the authority

contained herein or in 4 MLBS § 7 during the absence of the Commissioner of

Administration or other executive officer.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 11.

Band Ordinance 23-99, §§ 2, 5.

§ 11. Executive Committees.

The Chief Executive shall authorize, appoint and empower all executive committees pursuant to

the issuance of an Executive Order.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 12.04.

§ 12. Executive Hearings.

(a)

The Chief Executive is authorized to hold executive hearings for the following

purposes:

(1)

The making of rules or policies consistent with the provisions of Band statute.

(2)

To adjudicate matters in controversy.

(3)

To investigate and inquire into matters affecting the general welfare of the

Band or its organs of government.

(b)

All executive hearings shall be held in accordance with 4 MLBS § 13.

(c)

The powers of subpoena shall be available to any executive hearing of inquiry. The

executive hearing officer may issue subpoenas and cause them to be served and

enforced. The opportunity to quash any subpoena for cause shall be available

pursuant to a petition duly filed with the Court of Central Jurisdiction.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 12.

§ 13. Procedures for Conduct of Hearings of Inquiry.

(a)

All executive hearings shall be conducted by a hearing officer appointed by the Chief

Executive. The hearing officer shall be a justice of the Court of Central Jurisdiction or

a suitable person knowledgeable in law and the Mille Lacs judicial philosophy.

(b)

The hearing officer shall conduct the inquiry in a manner which is consistent with the

Mille Lacs judicial philosophy of a search for truth and justice in the spirit of the

Mille Lacs Bands. To that end the hearing officer shall conduct every session of the

hearing as the principal investigator, questioning witnesses, calling for evidence to be

produced and advising the parties and their legal representatives of the issues he is

concerned with and inviting their views and assistance.

(c)

Following questioning by the hearing officer the witness may make additional

comments within the limits of relevancy and propriety adjudged by the hearing

officer. Any other party or legal representative may then question the witnesses.

Witnesses may be recalled at the discretion of the hearing officer if additional

questions are raised.

(d)

Hearings are to be held upon at least three days’ advance notice to the parties.

Continuance shall be granted for good cause. Hearings shall be informal and there

may be as many sessions as deemed necessary by the hearing officer to enable him to

review all the evidence and hear the contentions of the parties.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 13.

Cross References

Band Assembly hearings of inquiry, see 3 MLBS § 22.

Mille Lacs judicial philosophy, see 24 MLBS § 2002.

§ 14. Decisions or Orders After Hearings of Inquiry.

The decisions or orders of the hearing panel, whether interim or final shall be in writing and shall

contain the following:

(a)

names of the parties;

(b)

claims made by the parties;

(c)

names of witnesses heard and documents or other evidence reviewed by the hearing

officer;

(d)

the questions to be decided;

(e)

the facts found to be established by the evidence;

(f)

the law which governs the case; and

(g)

the decision of the hearing officer including, whether any wrong or error was

committed and if so, what remedy is being given.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 13.04.

Cross References

Band Assembly hearings of inquiry, see 3 MLBS § 22.

§ 15. Recall of Appointed Officials.

(a)

The Chief Executive upon receiving the two-thirds majority vote of the Joint Session

of the Band Assembly, shall suspend the commission of any appointed officer, for

just cause subject to final determination as provided for in subsection (e). Upon the

suspension of any commission the rights, privileges and responsibilities to office are

temporarily suspended.

(b)

The Chief Executive shall within 72 hours after receipt of entry of findings, notify the

Speaker of the Assembly for the purpose of convening the Joint Session of the Band

Assembly.

(c)

The Joint Session of the Band Assembly shall convene within 10 consecutive days

after receipt of the decision of the hearing officer for the purpose of entering

judgment for the discipline or removal of the officer who is the subject of the

proceeding.

(d)

The officer shall appear before the Joint Session of the Band Assembly to enter into

the record any final comments within the limits of relevancy and propriety.

(e)

The Joint Session of the Band Assembly shall by two-thirds majority vote render its

final decision on the recall of the appointed officer. No appeal from the final decision

of the Joint Session of the Band Assembly shall be available.

(f)

In the event, the hearing officer rules in favor of the appointed officer, the Chief

Executive shall reinstate the commission of the appointed officer within 72 hours

after entry of findings and conclusions of law.

(g)

For purposes of proceedings to recall an appointed officer, just cause shall mean:

(1)

any alleged violation of the Code of Ethics of the Non-Removable Mille Lacs

Bands of Chippewa Indians or allegations of facts which, if true, would

constitute malfeasance, misfeasance or nonfeasance in office or any other

violation of the Code of Ethics;

(2)

the issuance of formal criminal charges against an appointed officer by any

court of competent jurisdiction;

(3)

a violation of the oath of office;

(4)

the unauthorized release of the privileged communications of the Band either

written or oral.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 14.

Cross References

Benefits, effect of removal, see 6 MLBS § 1006.

Capital Improvements Authority, removal of Board members, see 14 MLBS § 3.

Code of ethics, establishment, see 2 MLBS § 9.

Housing Authority, removal of Board members, see 12 MLBS § 6.

Housing Authority projects, disclosure of interests, see 12 MLBS § 25.

Public Works Commission Board of Supervisors, see 13 MLBS § 2.

Removal of elected officials or appointees, see 3 MLBS § 25.

§ 16. Legal Counsel.

The Non-Removable Mille Lacs Band of Chippewa Indians shall have both Interior and Exterior

legal counsel:

(a)

The Interior Legal Counsel of the Band shall be known as the Solicitor General. The

duly-appointed and confirmed Solicitor General shall be a member of the bar

association of the Non-Removable Mille Lacs Bands of Chippewa Indians and shall

represent the interest of the Executive Branch and the Band Assembly in all matters

before the Court of Central Jurisdiction.

(b)

The Exterior Legal Counsel in and for the Non-Removable Mille Lacs Bands of

Chippewa Indians shall be a lawyer and/or a legal firm of the choice of the Chief

Executive upon the advice and consent of the Band Assembly. The said Exterior

Legal Counsel in and for the Band shall be a person or persons who is/are licensed to

practice law in any state court of 'the United States or in any federal court of the

United States. The Exterior Legal Counsel shall be employed pursuant to the

provisions of a contract approved by the Secretary of Interior pursuant to the

provisions of 25 U.S.C. § 81. The Exterior Legal Counsel may represent the interests

of the Non-Removable Mille Lacs bands of Chippewa Indians in any matter before

any court including the Court of Central Jurisdiction.

Historical and Statutory Notes

Source:

Band Statute 1141-MLC-2, § 31.

§ 17. Appointment of Solicitor General.

(a)

The Chief Executive shall nominate and forward to the Band Assembly for

confirmation the name of a competent and duly qualified individual of high honor and

integrity to serve as the Solicitor General of the Non-Removable Mille Lacs Bands of

Chippewa Indians.

(b)

The Solicitor General shall serve a four-year term of office commencing May 1,

1987, and on this date every four years hence.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 15.

Cross References

Department of Justice members, see 24 MLBS § 1053.

§ 18. Duties of Solicitor General.

The Solicitor General shall have the following responsibilities, obligations and authority on

behalf of the Non-Removable Mille Lacs Bands of Chippewa Indians:

(a)

To represent the interests of the Non-Removable Mille Lacs Bands of Chippewa

Indians in all legal proceedings in the Court of Central Jurisdiction and all other

exterior courts of competent jurisdiction.

(b)

To independently uphold the laws and executive, legislative, secretarial and

commissioner's orders, judicial determinations, policies and the terms of domestic

assistance grants and contracts of the Band when consistent with the Constitution of

the Minnesota Chippewa Tribe and the laws of the Non-Removable Mille Lacs Bands

of Chippewa Indians.

(c)

To initiate and defend any legal action necessary, that is or can be brought in or

against the name of the Non-Removable Mille Lacs Bands of Chippewa Indians, to

uphold the provisions of the Constitution of the Minnesota Chippewa Tribe and the

laws of the Band or to protect the rights of the enrolled members of the Band.

(d)

To interpret all laws and executive, legislative, secretarial and commissioner's orders

and policies on behalf of the Non-Removable Mille Lacs Bands of Chippewa Indians.

(1)

All said interpretations shall be titled in the form of Opinion of the Solicitor

General, be consecutively numbered, dated as to the date of issuance, and

contain the official seal of the Band.

(2)

All said opinions of the Solicitor General shall have the force of law and shall

be binding until annulled by the Court of Central Jurisdiction or amended

pursuant to legislative order of the Band Assembly.

(e)

To aid in drafting public bills, resolutions, orders, policies or amendments thereto on

the request of the Chief Executive, Speaker of the Assembly or the Chief Justice. To

certify to the ordinances of Band government and codify said ordinances into Band

Statutes.

(f)

To advise and assist the Chief Executive, the Band Assembly or the Court of Central

Jurisdiction in the achievement of a clear, faithful, and coherent expression of the

laws and policies of the Non-Removable Mille Lacs Bands of Chippewa Indians as

prescribed by the standards of the office of Solicitor General in 4 MLBS § 19.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 16.

Cross References

Annulment of Solicitor General opinions, see 3 MLBS §17.

Commercial practices, representation by Solicitor General, see 18 MLBS § 7.

Consolidated Nay-Ah-Shing School Board, Solicitor General obligations, see 9 MLBS § 30.

Department of Justice, powers and duties of Solicitor General, see 24 MLBS § 1054.

Employee Credit Union, representation by Solicitor General, see 17 MLBS § 19.

Environmental protection, Civil actions, see 11 MLBS § 17 et seq.

Liberal construction of law, see 11 MLBS § 31.

Great Lakes Indian Fish and Wildlife Compact, obligations of Solicitor General, see 2 MLBS § 1108.

Human Resources Division cases, obligations of Solicitor General, see 8 MLBS § 17.

Motor vehicle licensing law, implementation by Solicitor General, see 19 MLBS § 1.

Motor vehicles, representation by Solicitor General, see 19 MLBS § 14. Tobacco products, revocation,

cancellation or suspension of license of distributor or retailer, see 22 MLBS § 211.

Use of information, commercial practices, see 18 MLBS § 9.

Violation of Solicitor General's Opinions, see 24 MLBS § 1212.

§ 19. Legal Standards of Office of Solicitor General.

(a)

The Solicitor General shall have the duty of advocating whatever position be

concludes is required by Band Statute in the event of any conflicts within the

Executive and or between the Executive and Legislative branches of Band

government. The Solicitor General shall maintain an attorney-client relationship with

respect to all communications between him/her and the Chief Executive and any

member of the Band Assembly.

(b)

The Solicitor General's first duty under law is to uphold the laws of the NonRemovable Mille Lacs Bands of Chippewa Indians and the confidentiality of

communications between the Chief Executive and members of the Band Assembly

and the Solicitor General.

(c)

In the event that litigation or representation in litigation is requested by any executive

officer, the Solicitor General shall notify the Speaker of the Assembly and afford

him/her an opportunity to object to the legal service requested. The Speaker of the

Assembly shall have five days from the date of notification to respond. In the event

that the Speaker shall object to the request or fail to respond, the Solicitor General

shall independently consider the merits of the issue based solely upon the applicable

laws of the Band and notify both parties as to his/her representation decision.

(d)

In the event that litigation or representation in litigation is requested by the Speaker of

the Band Assembly, the Solicitor General shall notify the Chief Executive and afford

him/her an opportunity to object to the legal service request. The Chief Executive

shall have five days from the date of notification to respond. In the event that the

Chief Executive shall object to the request, or fail to respond, the Solicitor General

shall independently consider the merits of the issue based solely upon the applicable

laws of the Band and notify both parties as to his/her representation decision.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 17.

§ 20. Legal Responsibilities of Solicitor General in Capacity of Prosecutor.

The Solicitor General in a criminal case shall:

(a)

make no prosecution that he knows is not supported by probable cause;

(b)

make reasonable efforts to assure that the accused has been advised of the right to,

and the procedure for obtaining, a legal officer and has been given reasonable

opportunity to obtain a legal officer;

(c)

not seek to obtain from an unrepresented accused a waiver of important civil rights,

including procedural rights;

(d)

make timely disclosure to the legal officer for the accused all evidence of information

known by the Solicitor General that tends to negate the guilt of the accused or

mitigates the offense and, in connection with sentencing, disclose to the legal officer

for the accused and the Court all unprivileged mitigating circumstances known to the

Solicitor General.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 18.

Cross References

Criminal procedure, see 24 MLBS § 4001 et seq.

Equal protection and due process of law, see 1 MLBS § 8.

Individual rights during judicial proceedings, see 1 MLBS § 6.

Self-incrimination in criminal proceeding, see 1 MLBS § 4.

§ 21. Immunity of Solicitor General.

The Solicitor General shall be immune from civil liability arising from the true and faithful

performance of his/her lawful acts and deeds in the Court of Central Jurisdiction or any other

court of competent jurisdiction.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 19.

Cross References

Suits against Band officials, see 24 MLBS § 701.

§ 22. Office Commissions.

No appointed and confirmed officer of the Non-Removable Mille Lacs Bands of Chippewa

Indians shall exercise any powers of the office to which they were appointed unless and until

they have received an official commission executed by the Chief Executive and witnessed by the

Speaker of the Assembly. All said commissions shall state the date of expiration of the

commission.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 20.

§ 23. Letters of Credence.

No appointed officers of the Executive Branch shall represent to any other person the interests of

the Non-Removable Mille Lacs Bands of Chippewa Indians, unless he shall first exhibit a letter

of credence executed by the Chief Executive and witnessed by the Speaker of the Assembly. All

said letters of credence shall state the date of expiration.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 21.

Cross References

Letters of credence, see Exec. Orders 031, 032.

§ 24. Executive Privilege and Immunity.

(a)

The Chief Executive shall be immune from liability brought against him or her for

acts performed or remarks made or spoken in the lawful conduct of Band affairs.

Proceedings of confidential meetings with his advisors and subordinates and

confidential communications of the Chief Executive are privileged and not subject to

disclosure. This shall not, however, preclude judicial review, in the proper case, of the

constitutionality or legality of acts and decisions taken by the Chief Executive nor

shall it preclude any proper removal hearing in accordance with the provisions of

Article X of the Constitution.

(b)

Executive privilege shall not extend to any appointed officer of the Non-Removable

Mille Lacs Bands of Chippewa Indians. Such officers shall however, be immune from

personal liability for acts performed in good faith in the scope of their official duties.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 22.

Cross Reference

Suits against Band officials, see 24 MLBS § 701.

§ 25. Interpretation of Title.

Should there be any doubt as to the proper interpretation of any part of this title, the Chief

Executive may submit such question to the Solicitor General who shall give his/her written

opinion thereon, and any such opinion shall be binding unless annulled, in whole or part, by the

Court of Central Jurisdiction or amended by the Band Assembly pursuant to enactment of law.

Historical and Statutory Notes

Source:

Band Statute 1142-MLC-3, § 23.

§ 26. Construction of Title.

The Solicitor General and the Court of Central Jurisdiction shall liberally construe the provisions

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