POKAGON BAND OF POTAWATOMI INDIANS

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POKAGON BAND OF POTAWATOMI INDIANS

YOUTH COUNCIL CODE

Current through May 22, 2023; Res. 23-05-22-03

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TABLE OF CONTENTS

CHAPTER 1 ................................................................................................................4

General ..............................................................................................................4

Section 1.01 Short Title ..............................................................................4

Section 1.02 Authority ................................................................................4

Section 1.03 Purpose...................................................................................4

Section 1.04 Immunities .............................................................................4

Section 1.05 Effective Date ........................................................................4

Section 1.06 Definitions..............................................................................4

CHAPTER 2 ................................................................................................................6

Youth Council Purpose and Duties ...................................................................6

Section 2.01 Purpose...................................................................................6

Section 2.02 Duties .....................................................................................6

CHAPTER 3 ................................................................................................................7

Youth Council Advisors and Assistance...........................................................7

Section 3.01 Advisors .................................................................................7

Section 3.02 Assistance ..............................................................................7

CHAPTER 4 ................................................................................................................7

Youth Council Eligibility and Application .......................................................7

Section 4.01 Eligibility ...............................................................................7

Section 4.02 Application .............................................................................7

Section 4.03 Processing ..............................................................................8

Section 4.04 Appeal ....................................................................................9

CHAPTER 5 ................................................................................................................9

Youth Council Membership ..............................................................................9

Section 5.01 Youth Council Membership List ...........................................9

Section 5.02 Relinquishment of Membership .............................................10

CHAPTER 6 ................................................................................................................10

Youth Council Officers Composition and Appointment ..................................10

Section 6.01 Positions .......................................................................................10

Section 6.02 Appointment ................................................................................11

Section 6.03 Eligibility .....................................................................................11

CHAPTER 7 ................................................................................................................12

Current through May 22, 2023; Res. 23-05-22-03

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Youth Council Officers Duties and Compensation ..........................................12

Section 7.01 Duties .....................................................................................12

Section 7.02 Compensation ........................................................................14

CHAPTER 8 ................................................................................................................14

Youth Council Officers Term and Vacancy .....................................................14

Section 8.01 Term .......................................................................................14

Section 8.02 Removal .................................................................................15

Section 8.03 Resignation ............................................................................15

Section 8.04 Vacancy..................................................................................15

CHAPTER 9 ................................................................................................................15

Meetings and Principal Office ..........................................................................15

Section 9.01 Regular Meetings ...................................................................15

Section 9.02 Special Meetings ....................................................................16

Section 9.03 Quorum ..................................................................................16

Section 9.04 Decisions ................................................................................17

Section 9.05 Voting ...................................................................................17

Section 9.06 Attendance .............................................................................17

Section 9.07 Parliamentary Procedure ........................................................17

Section 9.08 Principal Office ......................................................................17

CHAPTER 10 ..............................................................................................................18

Reports, Records and Bylaws ...........................................................................18

Section 10.01 Reports .................................................................................18

Section 10.02 Records ................................................................................18

Section 10.03 By-Laws ...............................................................................18

Section 10.04 Policies .................................................................................18

Section 10.05 Fiscal Year ...........................................................................18

CHAPTER 11 ..............................................................................................................19

Participation and Conduct .................................................................................19

Section 11.01 Participation .........................................................................19

Section 11.02 Conduct ................................................................................19

Section 11.03 Affiliation .............................................................................20

LEGISLATIVE HISTORY........................................................................................20

Current through May 22, 2023; Res. 23-05-22-03

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CHAPTER 1

General

Section 1.01 Short Title

This Code shall be known and may be cited as the “Youth Council Code.”

Section 1.02 Authority

The Tribal Council enacts this Code pursuant to the legislative powers of the Tribal

Council as enumerated in Article IX, subsections 2(a), (i) and (k) of the Constitution and

the duties of the Tribal Council stated in Article IX, subsections 1(a), (c), (d) and (h) of

the Constitution.

Section 1.03 Purpose

The purpose of this Code is to establish the Youth Council as a unified body to replace

the existing Senior Youth Council and Junior Youth Council and to set forth the duties,

obligations, membership and organization of the Youth Council.

Section 1.04 Immunities

The Youth Council is an instrumentality of the Band government and shall be clothed

with all the rights, privileges and immunities of the Band, including but not limited to the

sovereign immunity of the Band from suit absent express consent from Tribal Council.

The Youth Council Officers shall be deemed officers of the Band government and shall

be immune from suit to the maximum extent permitted by law with respect to officers of

the Band.

Section 1.05 Effective Date

This Code shall be effective on the date of enactment by the Tribal Council.

Section 1.06 Definitions

The following terms, whenever used or referred to in this Code shall have the following

respective meanings:

(a) “Advisors” means an employee within the Department of Education, as and when

designated by the Director of the Department of Education and an employee within the

Center of History and Culture, as and when designated by the Director of the Center of

History and Culture.

(b) “Applicant” means a person who applies to become a Youth Council Member

through an Application.

Current through May 22, 2023; Res. 23-05-22-03

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(c) “Application” means the application form available through the Center of History

and Culture or Department of Education to become a Youth Council Member.

(d) “Band” means the Pokagon Band of Potawatomi Indians.

(e) “By-Laws” means the By-Laws of the Youth Council.

(f) “Center of History and Culture” means the Band’s Center of History and Culture.

(g) “Chairperson” means the Youth Council Chairperson position.

(h) “Citizen” means a duly enrolled member of the Band.

(i) “Code” means this Youth Council Code.

(j) “Committee Procedures Handbook” means the Band’s Committee Procedures

Handbook.

(k) “Constitution” means the Band’s Constitution.

(l) “Department of Education” means the Band’s Department of Education.

(m) “Member-at-Large” means the three (3) Youth Council Officer positions other

than the Chairperson, Vice-Chairperson, Treasurer and Secretary.

(n) “Other Native American” means a person other than a Citizen, who is an enrolled

member of any federally or state recognized Indian tribe.

(o) “Records” means all information, whether in written, electronic or other form, that

is maintained by the Youth Council.

(p) “Review Body” means a three (3) person panel consisting of either the Director of

the Center of History and Culture or the Director of the Department of Education, and

one representative from the Board of Directors of the Pokagon Bode´wadmik

Ogitchedaw, and one representative from the Band’s Traditions and Repatriations

Committee.

(q) “Secretary” means the Youth Council Secretary position.

(r) “Tribal Council” means the Band’s governing body.

(s) “Tribal Council Procedures Act” means the Band’s Tribal Council Procedures

Act.

(t) “Treasurer” means the Youth Council Treasurer position.

Current through May 22, 2023; Res. 23-05-22-03

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(u) “Vice-Chairperson” means the Youth Council Vice-Chairperson position.

(v) “Youth Council” means the subordinate organization established by this Code

with the limited duties and powers described herein.

(w) “Youth Council Member” means any Citizen or Other Native American who

meets the requirements provided in this Code for membership in the Youth Council and

whose name appears on the current Youth Council Membership List.

(x) “Youth Council Membership List” means the list of Youth Council Members.

(y) “Youth Council Officer” means any of the Chairperson, Vice-Chairperson,

Treasurer, Secretary, and three (3) Member-at-Large positions.

CHAPTER 2

Youth Council

Purpose and Duties

Section 2.01 Purpose

The Tribal Council establishes the Youth Council for the purpose of:

(a) Providing a representative voice for Citizen youth and Other Native American

youth over whom the Band may exercise governmental responsibilities;

(b) Serving as a means of coordinating the actions of Citizen youth and Other Native

American youth mobilizing them toward positive goals;

(c) Promoting the development of future tribal leaders;

(d) Educating Citizen youth and Other Native American youth about tribal

government;

(e) Coordinating community service projects;

(f) Providing opportunities for Citizen youth and Other Native American youth to

interact for fun and fellowship; and

(g) Promoting and developing Potawatomi culture, language, pride, and identity.

Section 2.02 Duties

(a) The Youth Council shall have the power and duty to carry out the aims and

purposes of this Code, subject to the limitations on such powers stated herein and as

otherwise provided in Band law.

Current through May 22, 2023; Res. 23-05-22-03

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(b) The Youth Council shall create and maintain records and accounts of its

proceedings and transactions, in fulfillment of the requirements of this Code and other

applicable Band law and policy.

CHAPTER 3

Youth Council

Advisors and Assistance

Section 3.01 Advisors

(a) The Advisors shall:

(1) Help facilitate Youth Council meetings:

(2) Offer guidance to the Youth Council;

(3) Chaperone functions and events of the Youth Council; and

(4) Assist Youth Council Members and the Youth Council in fulfilling its

responsibilities.

(b) At least one of the Advisors shall be present at all Youth Council meetings and

functions or events.

Section 3.02 Assistance

In addition to the Advisors, additional staff of the Center of History and Culture and the

Department of Education, as and when designated by the Director of the Center of

History and Culture, or the Director of the Department of Education, shall assist the

Youth Council in performing its duties.

CHAPTER 4

Youth Council

Eligibility and Application

Section 4.01 Eligibility

(a) Membership in the Youth Council as a Youth Council Member shall be open to

any Citizen or Other Native American who is 12-24 years of age.

Section 4.02 Application

(a) Any Citizen or Other Native American who seeks to become a Youth Council

Member shall complete, sign and submit an Application to the Center of History and

Culture.

Current through May 22, 2023; Res. 23-05-22-03

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(b) The Application shall be obtained from the Center of History and Culture or

Department of Education upon request.

(c) The completed Application shall be submitted to the Center of History and Culture

by hand delivery, private courier, U.S. mail, electronic mail, or facsimile.

(d) The Application, at a minimum, shall include the following:

(1) The Applicant’s name;

(2) The Applicant’s address;

(3) The Applicant’s telephone number;

(4) The Applicant’s tribal enrollment number;

(5) The Applicant’s date of birth;

(6) The Applicant’s signature and, if the Applicant is less than 18 years of age, the

signature of the Applicant’s parent, guardian or custodian.

(7) The date of signature.

Section 4.03 Processing

(a) Upon receipt of an Application, the Center of History and Culture shall

immediately date and time stamp the Application.

(b) An Advisor shall review each Application to ensure that it is complete and, if not

complete, shall inform the Applicant of what is required to complete the Application.

(c) An Advisor shall verify the Applicant’s enrollment with the Band or enrollment

with another federally or state recognized Indian tribe, as applicable.

(d) If, after review and verification of an Application, an Advisor determines that the

Applicant is eligible to become a Youth Council Member, then the Advisor shall approve

the Application.

(e) If, after review and verification of an Application, an Advisor determines that the

Applicant is not eligible to become a Youth Council Member, then the Advisor shall

deny the Application.

(f) All decisions of the Advisor regarding the approval or denial of an Application

shall be final, subject to appeal in accordance with Section 4.04 below.

Current through May 22, 2023; Res. 23-05-22-03

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(g) The Advisor shall notify the Applicant of the decision to approve or deny an

Application by U.S. mail. If the Application is denied, then the notice shall:

(1) State the specific reason(s) the Applicant is not eligible to become a Youth

Council Member;

(2) State that the Applicant may re-apply to become a Youth Council Member or

appeal the decision denying membership; and

(3) Describe the appeal procedure, as set forth in Section 4.04 below.

(h) The Advisor shall ensure that the requirements of this Section 4.03 are completed

within fifteen (15) business days of its receipt of a completed Application.

Section 4.04 Appeal

(a) If an Application to become a Youth Council Member is denied, then the

Applicant may appeal such decision to the Review Body.

(b) The appeal shall be in writing signed by the Applicant and shall be sent by U.S.

mail to the Director of Language and Culture within sixty (60) days of the date of the

notice under Section 4.03(g) above.

(c) The appeal shall include a statement explaining why the decision denying the

Application to become a Youth Council Member was in error. A copy of the notice

described in Section 4.03(g) above shall be enclosed with the appeal, along with copies of

any documents that the Applicant believes to support the appeal.

(d) The Director of Language and Culture shall provide the Review Body with

administrative assistance to coordinate the appeal process and facilitate a prompt

decision.

(e) There shall be no hearing before the Review Board. The decision of the Review

Body shall be final and not subject to appeal.

CHAPTER 5

Youth Council

Membership

Section 5.01 Youth Council Membership List

(a) An Advisor shall maintain, and make available to the Youth Council Officers, the

Youth Council Membership List.

(b) An Advisor shall add to the Youth Council Membership List the name of every

person approved to become a Youth Council Member.

Current through May 22, 2023; Res. 23-05-22-03

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(c) An Advisor shall cause the Youth Council Membership List to be reviewed

annually for Youth Council Members who are scheduled to be outside of the age

requirements for the Youth Council.

(d) After each annual review, an Advisor shall cause a notice to be sent to each Youth

Council Member who is outside of the age requirements for the Youth Council, stating

that the Youth Council Member:

(1) No longer is eligible for the Youth Council because the Youth Council

Member no longer meets the age requirements; and

(2) Has fifteen (15) calendar days to appeal the decision to the Youth Council.

(e) If the Youth Council Member fails to appeal within the required time, then an

Advisor shall remove the Youth Council Member’s name from the Youth Council

Membership List.

(f) If an Advisor otherwise becomes of aware of any person identified on the Youth

Council Membership List that does not otherwise meet the eligibility requirements to be a

Youth Council Member, the Advisor shall provide written notice of such to the Youth

Council Member explaining why the Youth Council Member no longer meets the

eligibility requirements and has fifteen (15) calendar days to appeal the decision to the

Youth Council. Any failure to appeal within such timeframe shall result in the removal

of such person’s name from the Youth Council Membership List.

(g) Any decision by the Youth Council pursuant to this Chapter 5 shall be final and

not subject to appeal.

Section 5.02 Relinquishment of Membership

(a) A Youth Council Member may relinquish the Youth Council Member’s

membership in the Youth Council at any time by providing a signed written notice to an

Advisor.

(b) The relinquishment shall take effect at the time specified in the notice or, if no

time is specified, then the relinquishment shall take effect immediately.

CHAPTER 6

Youth Council Officers

Composition and Appointment

Section 6.01 Positions

(a) The Youth Council shall have seven (7) Youth Council Officers, consisting of a

Chairperson, Vice-Chairperson, Secretary, Treasurer, and three (3) Member-at-Large

positions.

Current through May 22, 2023; Res. 23-05-22-03

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(b) A person shall not hold more than one (1) Youth Council Officer position at the

same time.

(c) Other Native Americans shall not hold more than two (2) Youth Council Officer

positions at the same time.

(d) There shall be no alternate Youth Council Officer positions.

Section 6.02 Appointment

(a) The Tribal Council shall appoint all persons to serve as Youth Council Officers.

(b) Prior to making any appointment, the Tribal Council:

(i)

Shall receive verification from an Advisor that the potential appointee

meets the requirements for service as a Youth Council Officer under

Section 6.03 of the Code; and

(ii)

May request a recommendation from the Youth Council Officers

regarding any potential appointment.

(c) In the initial appointments to the Youth Council Officer positions, the Tribal

Council shall grant preference to eligible persons who are serving on the effective date of

this Code as elected Senior Youth Council Officers or Junior Youth Council Officers.

Section 6.03 Eligibility

To be eligible for appointment and to serve as a Youth Council Officer, a Citizen or

Other Native American shall:

(a) Be a Youth Council Member;

(b) Be 12-24 years of age for the Vice-Chairperson or Member-at-Large positions;

and

(c) Be 12 - 24 years of age (with a preference for 18 – 24 years of age) for the

Chairperson, Secretary, or Treasurer positions; and

(d) During the prior twelve-month period have attended at least 2/3 (two-thirds) of the

Youth Council meetings, and have participated in at least one Youth Council cultural

activity.

Current through May 22, 2023; Res. 23-05-22-03

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CHAPTER 7

Youth Council Officers

Duties and Compensation

Section 7.01 Duties

(a) The Chairperson shall:

(1) Represent the Youth Council Members;

(2) Manage the affairs of the Youth Council;

(3) Preside at all meetings of the Youth Council;

(4) Provide guidance to the Youth Council;

(5) Chaperone Youth Council events and functions;

(6) Submit at each meeting such recommendations and information as the

Chairperson may consider proper concerning the affairs and policies of the Youth

Council or as called for by the Youth Council;

(7) Cause to be given any reports requested by the Tribal Council; and

(8) Perform all other duties as may be directed by the Youth Council or the Tribal

Council.

(b) The Vice-Chairperson shall:

(1) Represent the Youth Council Members;

(2) Perform the duties of the Chairperson in the absence of the Chairperson, the

minimum age requirements of subsection 6.03(c) notwithstanding;

(3) Provide guidance to the Youth Council;

(4) Chaperone Youth Council events and functions; and

(5) Perform such other duties as may be directed by the Youth Council or the

Tribal Council.

(c) The Secretary shall:

(1) Represent the Youth Council Members;

Current through May 22, 2023; Res. 23-05-22-03

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(2) Cause to be given notice of all meetings of the Youth Council;

(3) Cause to be created and maintained minutes of all meetings of the Youth

Council;

(4) Cause to be created records of all decisions, acts and votes of the Youth

Council;

(5) Submit to the Tribal Council Secretary a copy of all Youth Council minutes;

(6) Be custodian of and properly keep all the records of the Youth Council,

including meeting attendance, except that an Advisor shall maintain the Youth

Council Membership List;

(7) Provide guidance to the Youth Council;

(8) Chaperone Youth Council events and functions; and

(9) Perform such other duties as may be directed by the Youth Council or the

Tribal Council.

(d) The Treasurer shall:

(1) Cause to be kept full and accurate accounts of receipts and disbursements in

books belonging to the Youth Council;

(2) Pay out and disburse the funds of the Youth Council as may be ordered by the

Youth Council, in accordance with applicable Band government policies and

procedures;

(3) Render to the Youth Council, at each regular meeting or as otherwise required,

a financial statement with an account of all transactions and of the financial condition

of the Youth Council, provided that one (1) of the Advisors shall co-sign all properly

reconciled financial statements before they are submitted to the Youth Council;

(4) Develop an annual Youth Council budget to submit to the Band’s Finance

Board in accordance with the Band’s budgeting policies and procedures;

(5) Preside at all duly called meetings of the Youth Council in the absence of the

Chairperson;

(6) Provide guidance to the Youth Council;

(7) Chaperone Youth Council events and functions; and

Current through May 22, 2023; Res. 23-05-22-03

13

(8) Perform such other duties as may be directed by the Youth Council or the

Tribal Council.

(e) Members-at-Large shall:

(1) Represent the Youth Council; and

(2) Perform such other duties and functions as directed by the Youth Council or

the Tribal Council.

Section 7.02 Compensation

(a) All Youth Council Officers shall be compensated for service at rates established

by the Tribal Council pursuant to the Committee Procedures Handbook.

(b) All Youth Council Officers shall be entitled to reimbursement for actual,

reasonable and necessary expenses incurred in the discharge of their duties, provided that

the request for reimbursement is approved by an Advisor and that reimbursement is made

in accordance with the Band’s Travel Policy. Requests for reimbursement made more

than ninety (90) days after the expense is incurred, shall also be subject to the approval of

the Band’s Chief Financial Officer.

CHAPTER 8

Youth Council Officers

Term and Vacancy

Section 8.01 Term

(a) Each Youth Council Officer shall serve a one (1) year term of office. The terms

shall be staggered such that at least three (3) Youth Council Officer terms expire in

September of each year and at least three (3) Youth Council Officer terms expire in May

of each year.

(b) Each Youth Council Officer shall hold office until:

(1) The Youth Council Officer’s successor has been appointed by the Tribal

Council;

(2) The Youth Council Officer’s resignation, removal, or death; or

(3) The Youth Council Officer fails to meet any of the qualifications set out in

this Code, including the age requirements for the Youth Council.

(c) There shall be no limit to the number of terms a Youth Council Member may

serve as Youth Council Officer, subject to meeting all qualifications and requirements of

this Code.

Current through May 22, 2023; Res. 23-05-22-03

14

Section 8.02 Removal

(a) The Youth Council, on a vote of at least four (4) of the Youth Council Officers,

may request that the Tribal Council remove a Youth Council Officer, or the Tribal

Council on its own initiative, may remove an Officer.

(b) Notwithstanding any other provision of Band law or the Committee Procedures

Handbook, all Youth Council Officers shall serve at the pleasure of the Tribal Council

and may be removed by the Tribal Council with or without cause or notice.

Section 8.03 Resignation

A Youth Council Officer may resign at any time by giving a written notice to the

Chairperson or Secretary, with a copy to an Advisor, which shall take effect at the time

specified in the written notice. If no time is specified, the resignation shall take effect

immediately. Unless otherwise specified in the written notice, acceptance of such

resignation shall not be necessary to make it effective.

Section 8.04 Vacancy

(a) The Tribal Council shall fill any vacant Youth Council Officer position pursuant

to the Tribal Council Procedures Act.

(b) The term of appointment to fill any vacancy in any Youth Council Officer

position shall be for the balance of the unexpired one (1) year term.

CHAPTER 9

Meetings and Principal Office

Section 9.01 Regular Meetings

(a) Regular meetings of the Youth Council shall be held at least nine (9) times a year.

The Youth Council shall provide by resolution the time and place for regular meetings.

At regular meetings, the Youth Council may consider any and all business as may

properly come before the Youth Council without further notice, provided that the Youth

Council shall publish a schedule of its regular meetings.

(b) Regular meetings shall consist of an agenda to include, at a minimum, the

following items:

(1) Roll call and distribution of the attendance sheet;

(2) Determination of quorum;

(3) Approval of minutes;

Current through May 22, 2023; Res. 23-05-22-03

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(4) Reports of officers;

(5) Old business;

(6) New business;

(7) Announcements; and

(8) Adjournment.

Section 9.02 Special Meetings

(a) The purpose of a special meeting is to conduct the business of the Youth Council

when necessary or prudent to address any specific matter of the Youth Council between

regular meetings.

(b) The Chairperson may call special meetings of the Youth Council.

(c) The Chairperson, or in the Chairman’s absence, the Treasurer or Secretary, shall

call a special meeting at the written request of any two (2) Youth Council Officers.

(d) At least three (3) business days’ notice of the place, day and hour and specific

purpose of any special meeting shall be given to each Youth Council Officer by any of

the following methods:

(1) By courier service or U.S. mail, first class postage prepaid, addressed to the

Youth Council Officer’s mailing address of record;

(2) By hand delivering a copy of the notice to the Youth Council Officer;

(3) By reading or causing to be read, the notice over the telephone to the Youth

Council Officer; or

(4) By transmitting the contents of the notice by facsimile or email to the Youth

Council Officer.

(e) Notice by courier or U.S. mail shall be deemed to be given at the time when the

same is delivered into the possession of the courier service or U.S. Postal Office.

(f) Action taken at a special meeting shall be restricted to the purpose(s) stated in the

notice of the special meeting.

Section 9.03 Quorum

Current through May 22, 2023; Res. 23-05-22-03

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(a) A quorum of the Youth Council shall be a majority of the filled Youth Council

Officer seats.

(b) If a quorum is not present at a meeting of the Youth Council, then the presiding

Youth Council Officer shall adjourn the meeting. Any business that may have been

transacted at the adjourned meeting may be transacted at the next scheduled meeting.

Section 9.04 Decisions

(a) All Youth Council Officers present at a meeting shall be entitled to a vote on all

matters, subject to any limitations provided in this Code or other Band law.

(b) A majority vote shall decide any question brought before a duly called meeting,

unless the question is one for which a different vote is required by this Code or other

applicable Band law.

Section 9.05 Voting

Voting at all meetings shall be by voice, provided that any Youth Council Officer present

may demand a roll call vote, and in such case, the vote of each Youth Council Officer

shall be recorded by the Secretary.

Section 9.06 Attendance

(a) All Youth Council Officers should to the greatest extent possible, attend all

meetings in person. However, Youth Council Officers may attend meetings via

telephone, video conference or other electronic means, if available, provided that the

Youth Council Officer must be able to hear and be heard clearly by the other Youth

Council Officers in attendance.

(b) If a Youth Council Officer attends a meeting via telephone, video conference, or

other electronic means, such person shall be counted as present for quorum and voting

purposes. The Chairperson shall, from time to time or upon the request of another Youth

Council Officer, during the meeting, confirm the Youth Council Officer is still in

attendance. The meeting minutes shall reflect that the Youth Council Officer attended

the meeting via telephone, video conference, or other electronic means.

Section 9.07 Parliamentary Procedure

Any question regarding the procedure for conducting business at a Youth Council

meeting not addressed by this Code, other Band law, or other applicable Band policies or

procedures, may be resolved by consulting the most recent addition of Roberts Rules of

Order.

Section 9.08 Principal Office

Current through May 22, 2023; Res. 23-05-22-03

17

The principal office and place of business of the Youth Council shall be located on Band

land, utilizing Band government administration buildings and meeting areas. The Youth

Council may, upon approval of the Advisor, have such other offices and places of

business, both within and without the State of Michigan, as the Youth Council Officers

may from time to time determine or as the business of the Youth Council may from time

to time require.

CHAPTER 10

Reports, Records and Bylaws

Section 10.01 Reports

(a) The Secretary shall provide the Tribal Council, on a monthly basis, copies of its

approved meeting minutes.

(b) The Chairperson, or in the Chairperson’s absence, another Youth Council Officer,

shall, at least quarterly, report on the activities of the Youth Council at a regular meeting

of the Tribal Council or as otherwise requested by the Tribal Council. The report shall

include any recommendations the Youth Council may propose and describe how the

Youth Council activities relate to its goals and objectives.

Section 10.02 Records

(a) All records of the Youth Council shall be the exclusive property of the Band and

shall be kept on file at a single location in the government offices of the Band.

(b) All records of the Youth Council shall be subject to any records ordinance or

policies established by Tribal Council.

Section 10.03 By-Laws

(a) The Youth Council shall have the power to make and alter by-laws not

inconsistent with Band law, including this Code, and Band policies or procedures

established by the Tribal Council.

(b) The by-laws shall be adopted or amended upon a two-thirds majority vote of the

Youth Council Officers.

Section 10.04 Policies

In carrying out any of its administrative duties, the Youth Council shall follow all

applicable administrative policies and procedures established by the Tribal Council

unless an exception is specified in this Code or other Band law.

Section 10.05 Fiscal Year

The fiscal year of the Youth Council shall be the fiscal year of the Band.

Current through May 22, 2023; Res. 23-05-22-03

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CHAPTER 11

Participation and Conduct

Section 11.01 Participation

(a) To be eligible to attend functions or events paid for from Youth Council funds, a

Youth Council Member must during the prior twelve-month period have attended at least

2/3 (two-thirds) of the Youth Council meetings, and must have participated in at least one

Youth Council cultural activity.

(b) For those functions with space limitations, preference will be given to those Youth

Council Members who have attended the greater number of Youth Council meetings

within the last twelve (12) months.

(c) In those circumstances in which a tie among Youth Council Members exists for

equal numbers of meetings attended, the Advisor shall determine by random drawing

which of those Youth Council Members will attend the function or event.

Section 11.02 Conduct

(a) Youth Council Members shall at all times during meetings, events and functions

conduct themselves in an appropriate manner and refrain from any misconduct, including

without limitation, alcohol and illegal drug use, use of racial comments, use of profane,

foul or disrespectful language, sexual harassment or sexual misbehavior.

(b) The Youth Council may take the following disciplinary action against a Youth

Council Member for misconduct:

(1) For initial misconduct of a minor nature, the Youth Council may warn the

Youth Council Member in writing that such behavior is inappropriate and that the

Youth Council Member will be suspended from participation in the Youth Council if

the misconduct continues; and

(2) For any further misconduct following a warning or for any initial misconduct

that warrants more than a written warning, the Youth Council Member may be

suspended from attending all functions or events paid for by Youth Council funds for

a period of 6 - 18 months.

(c) A suspension under subsection 11.02(b)(2) above may only be issued after an

opportunity for a hearing before the Review Body. The Youth Council Member shall be

provided written notice of the specific charges against the Youth Council Member at least

ten (10) days prior to the hearing. At any such hearing, the Youth Council Member shall

have the opportunity to be heard in person and to challenge information or testimony

given against the Youth Council Member.

Current through May 22, 2023; Res. 23-05-22-03

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(d) In addition to any disciplinary action under subsection 11.02(b), an Advisor may

immediately remove or otherwise limit a Youth Council Member from continued

participation in a specific event or function to the extent the Advisor has a good faith

belief that the misconduct of the Youth Council Member may jeopardize the health or

safety of any person.

Section 11.03 Affiliation

Upon approval of the Advisors, the Youth Council may affiliate with national, state or

local organizations that promote the purposes, goals and objectives of the Youth Council.

LEGISLATIVE HISTORY

Enacted on December 14, 2017 by Res. No. 17-12-14-01; On January 28, 2020, by Res.

No. 20-01-28-01, section 6.03 was amended; On May 22, 2023, by Res. No. 23-05-2203, amendments throughout the Code were enacted, including to provide for the Officer

position of Vice-Chair and a third Member-at-Large position.

Current through May 22, 2023; Res. 23-05-22-03

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

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