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Little River Band of Ottawa Indians
Ordinances and Regulations

Little River Band of Ottawa Indians
Ordinances

Chapter 100 - Government Operations

1.01. Official Seal of the Tribal Government. The Little River Band of Ottawa Indians shall have a Seal, which shall be the official Seal of the government of the Little River Band of Ottawa Indians.

2.01. Description. The Seal of the Tribe shall be a circular landscape comprised of a winding river, bordered by a pine tree, to the right of which two (2) adult eagles fly, around which landscape shall be a circle braided with the four sacred colors and from which nine feathers hang. The written name under which the Tribal government was reaffirmed under Public Law 103-324, together with the September 21, 1994 date of reaffirmation, shall be located around the circumference of the Seal.

2.02. Meaning of Seal. The winding river and pine tree depicted on the Seal of Tribe honor the riverine and woodland traditions and history of the Little River Ottawa people. The two (2) adult eagles represent the balance and different strengths brought to the Tribe's families and community by the male and female, as well as ones who bring our people's prayers to the Creator. The circle with the four sacred colors represents the balance of life: the four races of people, the four periods of our lifetimes, the four seasons of nature, etc. The nine feathers represent the nine historic Grand River Ottawa Bands, from whom the members of the Tribe descend.

3.01. The official dies of the Tribal Seal shall not be transported outside of Tribal lands but shall remain at the seat of the Tribal government at the office of the Recorder of the Tribal Council.

4.01. Use in Connection with Private Communications Prohibited. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Seal, shall be used in any private communications or documents, including but not limited to: private communications by employees of the Tribal government, stationary, envelopes, facsimiles, and electronic documents, which are unconnected with authorized, official functions or communications of the Tribe.

4.02. Use in Connection With Subdivisions or Enterprises of the Tribal Government. The Tribal Seal, including duly adopted variations of the Tribal Seal, may be used in connection with documents and communications of such subdivision or enterprise of the Tribal government, provided such document, correspondence or communication clearly identifies the identity of the subdivision or enterprise and such correspondence or communication is authorized by the governing body or officials of such subdivision or enterprise.

1. Use in Connection with Official Functions or Enterprises of the Tribe. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Tribal Seal, shall be used in connection with the sale of merchandise or for any other commercial purpose associated with any official function or enterprise of the Tribe unless such use has been authorized by the Tribal Council. All profits derived from the sale of merchandise or other commercial use of the Tribal Seal in any form shall be accounted for and turned over to the general fund of the Tribe.
2. Use in Connection with Private Commercial Activities. No facsimiles, reproductions or impressions of the Tribal Seal, with or without the wording associated with the Tribal Seal, shall be used for personal gain or profit, including merchandise offered for sale, or for any other commercial purpose unless such use has been specifically authorized by Resolution of the Tribal Council.

4.04. Limited Personal Use of Tribal Seal by Tribal Members Permitted. Nothing in this Ordinance shall prohibit any Tribal Member from making or having made, a facsimile, reproduction or impression of the Tribal Seal made for his/her personal use or as a gift to another Tribal member; provided that nothing in this subsection 4.04 shall authorize any person to use the Tribal Seal in any manner prohibited in subsection 4.01.

5.01. Any Indian or non-tribal member who violates this ordinance shall be liable for a civil fine not to exceed $5,000 for each violation thereof. The amount of any such civil fine may be recovered in a civil action in the Tribal Court. All fines recovered shall be deposited in the general fund of the Tribe.

5.02. In enforcing the civil infraction provisions of this ordinance, the Tribal Ogema or the Tribal Prosecutor shall proceed in the name of the Tribe against a person for violation of such provision by civil complaint. The Tribal Ogema or Prosecutor in such action shall have the burden of showing, by preponderance of the evidence, that such person violated the provisions of this ordinance.

5.03. All property bearing facsimiles, reproductions or impressions of the Tribal Seal produced or manufactured in violation of this ordinance, or monies derived from the sale of such property, shall be subject to seizure by order of the Tribal Court.

5.04. The Tribal Court shall have jurisdiction over all violations of this Ordinance.

6.01. The Recorder of the Tribal Council shall have the custody of the Tribal Seal and copies of all records and papers in the Recorder's office, certified by the Recorder, and authenticated by the Tribal Seal shall be evidence in all cases equally, and with the like effect, as the originals.

7.01. This ordinance, as amended, shall take immediate effect after the date of its enactment.


Tribal Seal Ordinance
Ordinance 96-100-01
Recodified and Amended - May 27,1999
Updated : June 6, 2001(10:36am)

1.01. Authority for this Ordinance is Article IV, Section 6(e) and Section 7(g) of the Tribal Constitution, approved by a vote of the membership on May 27, 1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

1.02. The purpose of this Ordinance is to establish procedures governing the conduct of meetings of the Tribal Council, to give definitions to terms used in the Tribal Constitution relating to the implementation of legislative powers vested with the Tribal Council, and to clarify those procedures for the Tribal membership in order to facilitate member participation in the legislative and policy-making process.

1.03. In cases of disputes as to compliance with these regulations, substantial compliance, rather than complete compliance with these regulations shall be deemed adequate.

2.01. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

2.02. "Ad Hoc Committee" means a committee authorized by the Tribal Council for a special or singular purpose that dissolves upon completion of the purpose for which it was established.

2.04. "Closed Session" means that portion of a meeting, which is closed to the public to address personnel, business matters, or legal matters pursuant to Article IV, Section 6(d) of the Constitution.

2.05. "Tribal Council" means the nine (9) person body, elected from the three (3) Council Districts, which exercises the legislative powers of the Tribe.

2.07. "Directive" means a request of the Tribal Council to the Tribal Ogema, or subdivision, to present a report on a matter before the Tribal Council.

2.08. "Council Districts" shall mean the three (3) Districts, consisting of the "At-Large District," the "Nine County District" and the "Tribal District," from which the nine (9) seats on the Tribal Council are elected.

2.10. "Legal matters" means all matters of the Tribe wherein the Tribe is, or may be, a party, either directly or indirectly, to a legal proceeding in federal, state, or Tribal court or an administrative forum addressing a matter to which the attorney-client privilege attaches; a matter wherein the Tribe is considering acting in its legal capacity as a party; e.g., purchase of land. Legal matters may be discussed by the Tribal Council in closed session pursuant to Article IV, Section 6(d) of the Tribal Constitution.

2.11. "Legislative Matter" means any action under consideration by the Tribal Council which involves the drafting, review or passage of an ordinance or the promulgation of policies or rules applicable to the Tribal government or any subdivision of the Tribal government.

2.12. "Majority vote" means a vote of a majority of the quorum, of the Tribal Council on a motion, ordinance, or resolution under consideration by the Tribal Council at an official meeting of the Tribal Council.

2.13 "Meeting" means a prearranged gathering of the Tribal Council, properly noticed and held in accordance with a properly executed resolution or call of meeting for the purpose of deliberating on public business of the Tribe.

2.15. "Motion" means a request and proposal for action, made by one (1) Tribal Councilor and seconded by another Tribal Councilor.

2.16. "Nine County District" shall mean the area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa and Wexford Counties, in the State of Michigan.

2.17. "Notice of Meeting" means the official posting of the date, time, and place for a future meeting of the Tribal Council. A Notice of Meeting for any Special or Emergency Meeting shall also include the agenda for such Tribal Council meeting.

2.19. "Personnel Matter" means those issues dealing with Tribal personnel that may be discussed in closed session pursuant to Article IV, Section 6(d) of the Constitution.

2.20. "Quorum" means the necessary minimum number of Tribal Councilors required to be present in order for official business to take place pursuant to Article IV, Section 6((f) of the Constitution.

2.21. "Record" means the approved Agenda for a Tribal Council meeting, the approved, written minutes summarizing the discussion/debate on matters considered at Tribal Council meetings, all documents submitted in connection with any agenda item considered by Tribal Council, as well as any resolution(s), ordinances approved by the Tribal Council.

2.22. "Council Recorder" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to maintain the minutes and records of the Tribal Council, publish the Notice of Meetings, and other duties pursuant to Article IV, Section 5(b) of the Constitution.

2.23. "Registered Voters" shall mean any Tribal member, who is at least 18 years old and eligible to vote in Tribal elections pursuant to any requirements prescribed by the Election Board.

2.24. "Resolution" means an official action of the Tribal Council, which is a document that can stand alone as a representation of the Tribal Council's actions, and generally contains Whereas, Resolves and a certification.

2.25. "Roll call " means to call each Tribal Councilor by name requesting their vote off aye, nay, or abstain. The order of the roll call shall be randomly ordered before each vote, and random lists may be generated prior to any meeting.

2.26. "Council Speaker" means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to preside at all meetings of the Tribal Council, performs the duties of the Ogema in the absence of the Ogema, and other duties pursuant to Article IV, Section 5(a) of the Constitution.

2.27. "Tribal Ogema/Ogema-kwe" means the chief executive officer of the Tribe elected by majority vote of the Registered Voters of the Tribe or appointed by the Tribal Council pursuant to Article X, Section 4(a) of the Constitution.

2.28. "Tribal Councilor" means a person elected to the Tribal Council by the voters of one of the Council Districts or a person nominated and appointed to fill a vacancy on the Tribal Council pursuant to Article X, Section 4(a) of the Constitution.

2.29. "Waiver of Notice" means the act of intentionally relinquishing or abandoning the notice requirement for purposes of a Special or Emergency Meeting defined in Article IV, Section 6(b)(2) and Section 6(c) of the Constitution. Tribal Council members waiving the notice requirement for any meeting must do so expressly on the record at the Tribal Council meeting to which such waiver applies.

3.01. Regular Meetings. Those meetings of the Tribal Council, held at least monthly, at which official business is transacted in accordance with Article IV, section 6(a) of the Constitution shall be identified as regular meetings.

3.03. Special Meetings. Meetings of the Tribal Council, called pursuant to Article IV, Section 6(b) of the Constitution, for the purpose of transacting official business of the Tribe, which is not a regular or emergency meeting

3.04. Work Sessions. Meetings of the Tribal Council, called for the purpose of reviewing, discussing, and receiving public comment on a matter under consideration by the Tribal Council.

4.01. Regular Council Meetings.

1. Set by Resolution. The date, time and location for all regular meetings of the Tribal Council shall be set by resolution of the Tribal Council at the last regular meeting of each calendar year.
2. Publication. The schedule of regular meetings shall be published on a quarterly basis and shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building.
3. Change in Meeting Schedule. No change may be made in the date or time for any regular meeting except by resolution of the Tribal Council. Notice of any changes in the meeting schedule shall be published and posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. The Tribal Council may change the location for a regular meeting, if circumstances reasonably require, provided notice of the change is posted at the scheduled meeting location and at the tribal government offices. Notice of changes to meeting schedules must be made:
   1. Weekly meetings. 24 hours prior to the weekly meeting.
   2. Monthly meeting. 15 days prior to the monthly meeting.

4.02. Special Council Meetings.

1. Authority to Call. A special meeting of the Tribal Council may be called by the following persons:
   1. the Tribal Ogema;
   2. the Council Speaker;
   3. Two (2) or more Council members;
   4. Ten percent (10%) of the Elders;
   5. Ten percent (10%) of the registered voters of the Tribe.
2. Tribal Ogema, Council Speaker, Tribal Council: Written Request Required. The Tribal Ogema, Council Speaker, or Tribal Councilors may call a special meeting by submitting a written request for a special meeting to the Council Recorder. Such request must be executed by the person(s) authorized to call a special meeting, include a description of item(s) to be considered at such special meeting, the action requested (i.e. approval by motion or resolution), together with the date and time such request was submitted to the Council Recorder.
3. Elders or Registered Voters: Written Petition Required. Elders and registered voters of the Tribe may call a special meeting by submitting a petition containing the signatures, names and addresses of the required number of persons. Such petition must include a description of the item(s) to be considered at such special meeting, the action requested, together with the date and time such petition was submitted to the Council Recorder. Upon receipt of a petition requesting a special meeting, the Council Recorder shall submit such petition to the Tribal Registrar to verify the validity of the signatures of the members signing the petition and that the requisite number of signatures are contained on that petition.
   
4. Scheduling. The date, time, place, for all special meetings of the Tribal Council shall be scheduled by the Council Recorder following receipt of a written request or written petition. The agenda shall be forwarded as required in the Constitution.
5. Publication. The date, time and place for each special meeting, together with a description of each item of business to be transacted or discussed at such meeting shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. If more than one action is required in connection with a single topic requested for discussion and action at special session, the notice of meeting published shall specify each action as a separate item. Agenda items shall be described with sufficient specificity so as to provide tribal members with reasonable notice of the issue and the form of action requested.
6. Notice of Meeting. The notice of meeting described in paragraph (b) shall be mailed to each Tribal Councilor at his/her designated mailing address and posted no less than seventy-two (72) hours before the date and time set for such meeting. Efforts shall also be made to provide each Tribal Councilor with any documentation pertaining to the business item(s) to be considered at any special meeting.
7. Forms. The Tribal Council shall develop such forms as may be necessary to implement this section and shall make such forms available to tribal members.

4.03. Work Sessions; Scheduling. Work sessions are scheduled by the Tribal Council on an as-needed basis to permit detailed discussion of ordinances, policies, or other matters under consideration and, if appropriate, to obtain public comment/input concerning such matters.

1. Authority to Call. An emergency meeting of the Tribal Council may be called by the following persons:
   1. The Tribal Ogema; or
   2. The Council Speaker.
      
2. Procedure. The Tribal Ogema or the Council Speaker may call an emergency meeting by submitting a written request for a emergency meeting to the Council Recorder. Such request must be executed by the person authorized to call a emergency meeting, include a description of item(s) to be considered at such emergency meeting, the need for emergency action, the action requested (i.e. approval by motion or resolution), together with the date and time such request was submitted to the Council Recorder.
3. Scheduling. An emergency meeting of the Tribal Council shall be scheduled by the Council Recorder upon receipt of a verified call of emergency meeting executed by the Council Speaker or by the Tribal Ogema.
4. Notice. The date, time, place and agenda for each emergency meeting shall be posted at Little River Band Community Center; Little River Tribal Office; Little River Band Health Center; and Little River Band Downtown Office Building. The record for each emergency meeting shall contain a statement from the Council Recorder of all efforts made to provide each Tribal Councilor with notice of such meeting.
   

Section 5. Conduct of Tribal Council Meeting

5.01. Setting the Agenda for Regular Meetings.

1. Agenda Requests. Any Tribal Councilor, the Tribal Ogema, or Tribal member may request consideration and action by the Tribal Council by completing an agenda request form and submitting such form to the Council Recorder. Agenda requests should include the following supporting information:
   1. a description of the issue (including any supporting documentation);
   2. whether any action (motion, resolution, ordinance) is requested;
   3. the need for such action;
   4. the Tribal Council's authority for such action;
   5. whether the action requested is addressed by existing policies or ordinances;
   6. how any decision would be implemented; and, the persons who would be responsible for implementing any decision.
2. Agenda Request Forms. The Tribal Council shall develop any forms necessary to implement this section and shall notify tribal members and employees of the availability of such forms and the procedures by which an item may be placed on the Tribal Council agenda for discussion and/or action.
3. Submission in Advance of Meeting. Agenda requests should be submitted sufficiently in advance of Tribal Council meeting dates to allow the Council Recorder to schedule the item on the agenda for a future meeting and to establish and post the proposed agenda for meetings.
4. Agenda Subject to Change. The meeting notice and proposed agenda posted shall include a statement that the agenda is not official until adopted by Tribal Council.
5. Additions to the Agenda. No additional items may be added to the agenda, except by majority vote of the Tribal Council.
6. Carry-over Agenda. Any item placed on the Tribal Council agenda, which is not approved or disapproved, or removed by roll call vote, may be carried over to the next Tribal Council meeting as "Old" business.

5.02. Agenda for Special Meetings. The agenda items for all special meetings shall be limited to those specific items included on the special meeting notice published in accordance with Section 4.02.

1. Each item on the agenda will be introduced by the Council Speaker. The Council Speaker will summarize the item, as described on the agenda request, describe any supporting documentation submitted with the request, and the person/entity submitting the request.
2. Following introduction of the agenda item, the Council Speaker may ask the individual or a representative of the entity that submitted the request to provide a brief overview of the item.
3. At the conclusion of the presentation of the agenda item, the Council Speaker will open the item up for discussion or questions from the Tribal Councilors. Tribal Councilors wishing to ask questions during presentation of the item, must first be recognized by the Council Speaker. Tribal Councilors will be permitted to ask the presenter questions, state his/her position, or make other statements concerning the agenda item.
4. After giving Tribal Councilors the opportunity to ask questions or make statements concerning the agenda item, the Council Speaker will open the matter to the floor for questions/discussions from tribal members or other individuals present.
5. At the conclusion of public comment, the Council Speaker will again open the issue up for follow-up discussion from the Tribal Councilors. Efforts shall be made to limit such follow-up discussion to no more than five minutes.
6. At the conclusion of any follow-up discussion by the Tribal Council, the Council Speaker will call for a motion on the item.
7. The Tribal Councilor making the motion must specify the action to be taken (i.e. approval as presented; form of approval; approved with modification; tabled and referred for additional comment/review/action; tabled; disapproval) in the context of the motion.
   
8. Once a motion has been made, the Council Speaker will ask if there is support for the motion on the floor. A motion must have support to be acted upon by Tribal Council.
9. A Tribal Councilor may change the terms of the motion on the floor, which will be treated as a motion to amend the motion and support will be requested for the amendment.
10. Upon receipt of support for the amendment, the Council Speaker will direct the Council Recorder to repeat the substance of the amendment and conduct a roll call vote of the Tribal Council.
11. Upon conclusion of a vote an amendment, the Council Speaker shall question the Tribal Council on whether it wishes to continue discussion on the motion on the floor, or vote on the motion on the floor.
12. Upon conclusion of any discussion or a request to vote on the motion, the Council Speaker will direct the Council Recorder to repeat the motion and conduct a roll call vote of the Tribal Council.

5.04. Interpretation of Actions, Additional Direction. The actions of the Tribal Council shall be interpreted in light of the processes set forth in this ordinance. In the event additional direction is necessary, the latest edition of Robert's Rules of Procedure recognized by the National Association of Parliamentarians shall govern that interpretation.

5.05. Conduct of Tribal Members and Public.

1. Any Tribal member wishing to address the Tribal Council or any person presenting an agenda item, must be recognized by the Council Speaker before making any comments. Persons must identify themselves by name and state why they are giving testimony. Persons speaking without first being recognized shall be considered "out of order" and will be requested to be silent until recognized.
2. Tribal members and other members of the public in the audience may not engage in "side-bar" conversations during Tribal Council meetings, which have the effect of interrupting or disturbing a Tribal Council meeting. Persons engaging in such conversations may be considered "out of order" and will be asked to be silent.
3. Persons who continue to speak out of order after being asked to be silent may be removed from the Tribal Council meeting.
4. Members recognized must address their comments to the Tribal Council and restrict their comments or questions to the agenda item on the floor. The Council Speaker shall refer unrelated comments/questions to the public comment portion of the agenda. Members should attempt to limit their questions and comments to two minutes.
5. All comments or questions must be presented to the Tribal Council in a respectful manner, without shouting or engaging in personal attacks. Any person failing to present his/her comments in a respectful manner will be considered "out of order" and will be asked to be silent or be removed.

6.01. Action by Tribal Council. In accordance with Article IV, Section 6(g) of the Constitution, the Tribal Council shall act only by ordinance, resolution or motion.

1. When adopting or establishing rules governing the conduct of members of the Tribe or other persons within the territorial jurisdiction of the Tribe;
2. When adopting procedures prescribing standards of conduct or performance applicable to the Tribal Ogema, or any subdivision of the Tribe; and
3. When creating regulatory commissions or subordinate organizations, particularly when any powers of the Tribal Council are to be delegated to such organizations.

1. If the matter is one that the Constitution, any ordinance, charter or by-laws require a resolution;
2. If the matter consists of amendments to an ordinance or the charter or by-laws of subordinate Tribal entities.
3. If a certificate showing the authority granted by the Constitution or by any ordinance to the Tribal Council to perform a certain act is required to be filed or is likely to be required at some future date;
4. If the matter regulates the management of the Tribe or a subdivision of the Tribe and is meant to be permanent until changed; and
5. If the matter is one that is likely to be referred to from time to time.
   

6.04. Form of Resolution. Every formal resolution of the Tribal Council shall include the following information:

1. A concise statement of the issue(s) presented and the relevant procedural history;
2. A citation to the Constitutional and statutory authority for the action taken;
3. A precise statement of the action taken by the Tribal Council, including any terms or conditions attached thereto; and
4. If applicable, a clear directive or mandate identifying the person or entity responsible for implementing the action taken.

6.05. Action by Motion. All decisions, actions or directives of the Tribal Council, which are not memorialized by ordinance or resolution, shall be made by motion and roll call vote, in accordance with the procedure described in Section 5.03. Decisions, actions or directives of the Tribal Council should be clearly described in the minutes and, in most cases, be reduced to writing by the Council Recorder. The Council Recorder shall publish the record of decision or directive to the person(s) affected by such motion or to whom such motion is directed within five (5) business days of the date of the action.

7.01. Closed Meetings Authorized. The Tribal Council may, pursuant to Article IV, Section 6(d) of the Constitution, meet in closed session to address personnel matters, business matters or legal matters. All or part of a meeting may be held in closed session; provided that if only part of a meeting is to be held in closed session, the agenda for that meeting shall clearly identify the matters to be addressed in closed session.

7.02. Purpose. Closed sessions are intended to permit the Tribal Council to engage in open, frank discussion and debate regarding matters that may require confidentiality, involve proprietary business matters, negotiating positions or be covered by one or more legally recognized privileges.

1. All matters placed on the Tribal Council's agenda for consideration in closed session shall be reviewed by the Council Recorder to determine if the matter falls within the purposes for which closed session is authorized. The Council Recorder should consult with the Tribe's Legal Department if he/she is uncertain as to whether the matter can or should be considered in closed session.
2. If the Council Recorder, any Tribal Councilor or the Tribe's Legal Department express reservations about the appropriateness or need to consider a matter in closed session, the question may be discussed in connection with the Tribal Council's approval of the agenda. Tribal Councilors are required to preserve any confidences or proprietary/legal positions associated with the matter in the course of any discussion or debate.
3. The Tribal Council may only move into closed session following a motion and roll-call vote of the Tribal Council. Prior to calling for a motion to move into closed session, the Council Speaker shall provide a general description of the matters to be addressed in closed session, the person(s) required to be present during the discussion of each closed session agenda item, and the general reason for discussing such matters in closed session. The Council Speaker's description of the matter(s) shall be general enough to preserve any proprietary or privileged information.
4. A complete record of closed session business, including minutes of closed session discussion and debate, shall be maintained. Such minutes shall be filed in a sealed envelope unless all or a part of the record of such meeting is opened to the public by the Tribal Council or upon order of the Tribal Judiciary.
5. At the conclusion of each closed session, the Tribal Council will discuss whether any portion of the record (i.e. documents or written minutes) of such meeting can be open to the public. Except where the nature of the matter makes disclosure of the decision reached or action recommended following discussion of an item in closed session (i.e. adopting litigation strategy or negotiating position), a record of the decision made or action taken by the Tribal Council should be reported in the minutes and made public. If time permits, action by the Tribal Council should be moved to open session or placed on the agenda for action in open session at a future meeting.
6. Upon the conclusion of any closed session, the Council Speaker shall ask for a motion to move into open session and request a roll call vote.
7. At least quarterly, the Tribal Council shall review the schedule and minutes from previous closed sessions to determine if all or a portion of such minutes should be opened to the public. The determination to open any portion of a closed session's minutes shall be published to the tribal membership.

[RESERVED]

9.01. Records Maintained of Each Tribal Council Meeting. The Council Recorder shall be responsible for maintaining a record of each Tribal Council meeting at the offices of the tribal government.

9.02. Contents of Records to be Maintained. The record for each meeting shall consist of the following materials:

1. call of meeting, if applicable;
2. notice of meeting, if applicable;
   
3. published agenda for such meeting;
4. final agenda for the meeting;
5. a set of approved minutes for that meeting;
   
6. a set of original executed resolutions and ordinances, if any, that were approved at the meeting;
7. the materials submitted for review or action with respect to each item on the agenda.

The records of closed sessions of the Tribal Council shall be maintained in a separate, sealed file with the records for the meeting.

9.04. Content of Minutes. Each vote of the Tribal Council shall be recorded in the minutes, which shall include the following information:

1. The substance of the agenda item under consideration;
   
2. A summary of the discussion/debate on the item under consideration; provided that a complete transcript of the position of a Tribal Councilor shall be included in the record if, at the time the matter is under consideration, a Tribal Councilor specifically requests that such statement or position be included in the record;
3. The vote of the Tribal Council, including the names of each Tribal Councilor supporting, opposing or abstaining; and
4. If applicable, a reference to the existence of a formal resolution concerning the matter.
   

9.05. Preparation of the Minutes. Tribal Council meeting minutes shall be prepared and available for approval by the Tribal Council within thirty (30) days of the Tribal Council meeting in question.

9.06. Minutes Constitute Official Record. For purposes of official tribal action, only formally approved Tribal Council minutes shall be used to prove the truth of the matter asserted or to resolve the evidentiary issue in question.

9.07. Access to Council Minutes and Records. In accordance with Article III, Section 2 of the Tribal Constitution, the general presumption is that all regular, special and emergency meetings are required to be recorded, with published meeting. All Tribal Council meeting minutes and records, which are not closed shall be available for review during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday. Copies of meeting minutes and records shall be available upon request. Copies of approved meeting minutes will be provided to Tribal members without charge. All other persons, and tribal members requesting other records or documents (i.e. reports and supporting documents) pertaining to Tribal Council meetings, may be required to reimburse the Tribe for the reasonable amount for the cost of reproduction. Requests for copies of meeting minutes and records shall be made on a form prescribed by the Tribal Council and available at the tribal administrative office.

10.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of this remaining portions hereof.


Tribal Council Meeting Procedures Ordinance
Ordinance # 01-100-02
Adopted - January 10, 2001
Updated: June 6, 2001(10:36am)

Section 1. Purpose

1.01. This ordinance shall govern the allocation of net revenues derived from the tribal business and enterprises, during each fiscal year. This ordinance is intended to comply with the requirements of the Tribal Constitution, the Little River Band of Ottawa Indians Gaming Ordinance, Ordinance No. 97-400-01, as amended, and the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq. ("IGRA"). Acting by and through its duly elected Tribal Council, the Tribe shall use net revenues to strengthen the tribal government and tribal self-sufficiency, to support tribal economic development and provide for the current and future general welfare of the Tribe and its members.

1.02. This ordinance is further intended to be limited to the allocation of net revenues and not to include the allocation of grant funds, carry-over funds from prior fiscal years, or other forms of income.

For the purposes of this Act:

2.01. "Appropriation " means the action of the Tribal Council and Tribal Ogema approving a budget for the Tribe or a resolution which identifies funds, to be obligated by a branch or subdivision of the Tribe.

2.02. "Base Funding" means the level of funding established by the Tribal Council as being necessary to carry out essential governmental functions by the Tribal government in accordance with the Tribal Constitution and as set forth in this ordinance.

2.04. "Budget" means an allocation of revenue or other income to a specific account or other accounting location which does not accumulate across fiscal years.

2.05. "Business " means a corporation, partnership, limited liability company, joint venture or other activity that takes place outside of the Tribal government operations and is expected to generate revenues, a part of which are to be returned to the Tribe. "Business" includes those entities created by the Tribe for conventional business purposes, as well as those entities for which the primary purpose is to generate revenue for or to carry out essential governmental functions.

2.06. "Enterprise" means a subdivision of the Tribal government operations located within the executive branch that is intended to generate revenue to cover or exceed operating costs of the enterprise.

2.07. "Executive branch" means those programs and enterprises created and located under the authority and responsibility of the Tribal Ogema.

2.08. "Fiscal Year" means the time period designated by the Tribal Council for budgeting and accounting purposes.

2.09. "Legislative branch " means those offices and employees, as well as committees and commissions, created and located under the authority and responsibility of the Tribal Council.

2. 10. "Net Revenues" means the sum of net gaming revenues, any net revenues from other enterprises and revenues distributed to the Tribe's General Fund in accordance with the charter or articles of incorporation for businesses. For purposes of this ordinance, the accounting principles recognized as Generally Accepted Accounting Principles (GAAP) shall apply to issues of preparation, interpretation, and auditing of enterprise or business financial statements and the computation of net revenues.

2.11. "Net Gaming Revenues" means the total gross revenues generated by each tribal gaming enterprise, less all operating expenses, principal payments due on financing, if any, and, any management fees paid under an approved management agreement.

2.13. "Tribal agent" means a board, commission, committee, or representative of a branch or subdivision who has been granted authority to act on behalf of the Tribe in regards to entering into contracts, agreements relating to funds of the Tribe, or obligating the Tribe to take action.

2.14. "Tribal Budget" means the budget prepared by the Tribal Ogema for the coming fiscal year providing for the operation of all branches and subdivisions of the Tribal Government.

2.15. "Tribal Council Budget and Finance Committee" means the Committee composed of 4 members of Tribal Council.

2.16. "Tribal Government or Tribal Government Operations" means all branches or subdivisions of the Little River Band of Ottawa Indians.

2.18. "Subdivision " means an program, enterprise, board, commission, committee, or support offices of the Judiciary, of the Tribal government operations.

3 .01. The fiscal year shall be January 1 through December 31.

4.01. Schedule of Allocation for Net Revenues. The Tribal Council hereby establishes the following schedule for allocation of net revenues in order to provide funding for the support of tribal governmental operations, economic development and the preservation of Tribal sovereignty and self-determination:

1. Programs and Enterprises, and Boards, Committees and Commissions: An amount not to exceed ___ percent (___%) of net revenues;
2. Tribal Judiciary: An amount equal to or not less than ___ percent (___%) of net revenues; provided that, in any fiscal year, the amount allocated to the Tribal Judiciary shall be not less than the amount needed to bring the total level of funding for the Tribal Judiciary to the level of base funding established for such purposes in the appropriation process;
3. Tribal Council and Tribal Ogema Functions: An amount not to exceed ___ percent (___%) of net revenues; provided that, in any fiscal year, the amount allocated to the Tribal Council and Tribal Ogema functions shall be not less than the amount needed to bring the total level of funding for the Tribal Council and Tribal Ogema functions to the level of base funding established for such purposes in the appropriation process;
4. Capital Outlay Budget: subject to the cap established for such purposes in section 8 and 9, an amount equal to not less than ___ percent (___%) of net revenues;
5. Self Sufficiency Fund: subject to the cap established for such purposes in section 9, an amount not less than ___ percent (___%) of net revenues;
6. Economic Development Budget: subject to the cap established for such purposes in sections 9 and 10, an amount equal to not less than ___ percent (___%) of net revenues;
7. Rights Protection Fund: subject to the cap established for such purposes in section 11, an amount equal to not less than ___ percent (___%) of net revenues; and
8. Contingency Reserve Fund: subject to any cap established for such purposes in section 12, an amount equal to not less than ___ percent (___%) of net revenues.

1. Net Gaming Revenues. Tribal gaming enterprises shall, on or before the twentieth (20th) day of each month, file a financial report with the Tribal Council describing the gross revenues, operating expenses, principal repayment(s) on debt (if any), management fees (if any), any other approved deductions from gross revenues, and the amount of net gaming revenues to be distributed to the Tribe from the previous month's operations. The Tribal Ogema shall compute the allocations in accordance with the schedule established in section 4.01, and present such allocations to the Tribal Council for approval before the thirtieth (30th) day of such month.
2. Business Revenues. For all businesses, the Tribal Ogema shall file a financial report, describing gross revenues, operating expenses, other approved deductions from gross revenues, and the amount of net revenues to be distributed, in accordance with the schedule (monthly, quarterly, annually) established in such business' charter or articles of incorporation. The Tribal Ogema shall compute the allocations in accordance with the schedule established in section 4.01, and present such allocation to the Tribal Council for approval before the thirtieth (30') day of the month the financial report is delivered.
3. Enterprise Revenues. For all enterprises, the Tribal Ogema shall file a financial report describing gross income, operating expenses, other approved deductions from gross income, and the amount of net income generated.

1. Reallocation of Unexpended Funds Authorized. Any net revenues allocated to funding for programs and enterprises, or boards, committees or commissions, under section 4.01(a), to Tribal Council or Tribal Ogema functions under section 4.01(c), which are in excess of the amounts obligated for those purposes in any fiscal year, or which are in excess of any cap established for such purpose, may be re-allocated by resolution of the Tribal Council to any of the other purposes authorized in section 4.01.
2. Report of Revenues and Allocations. On or before the 30' day of August of each fiscal year, the Tribal Ogema, in consultation with the financial officer for each enterprise and business, shall prepare a report for presentation to the Tribal Council Budget and Finance Committee which details:
   1. net income or revenues generated to date during that fiscal year by each enterprise and
      business;
      
   2. the amount of net income or revenues allocated to each purpose authorized in section 4.01;
   3. the net income or revenues projected for each enterprise and business for the balance of the fiscal year; and
   4. the amount of unexpended funds available for reallocation
      
3. Timing of Reallocation. The Tribal Council Budget and Finance Committee, in consultation with the Tribal Ogema, shall recommend any reallocation of unexpended funds to the Tribal Council on a quarterly basis.

4.04. Limitation on Use of Net Revenues and Unexpended Funds; Per Capita. Net revenues and unexpended
funds shall be used for governmental purposes as a primary use. No net revenues or unexpended funds shall
be used for the payment of a per capita until all governmental needs are met.

5.01. Authorized Purposes. The amounts allocated to fund programs and enterprises, and boards, committees and commissions, pursuant to section 4.01(a), may be used for the following purposes:

1. As a tribal supplement to extend contracts and programs funded under the Indian Self Determination and Education Assistance Act (25 U.S.C. 450 et seq.);
2. As a tribal supplement to fund an under recovery in the indirect cost pools;
3. As a tribal supplement to fund Tribal governmental operations that do not comply with indirect cost regulations;
   
4. To fund Tribal governmental operations, including planning, conservation and law enforcement, not included in the Tribal Ogema functions portion of the tribal budget;
5. To fund tribally-sponsored programs and member benefits, such as education, health, housing, social services and cultural preservation; and
6. To donate to charitable organizations and for charitable purposes.
   

5.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to programs and enterprises, and boards, committees and commissions, in accordance with appropriations approved in the annual tribal budget.

5.04. Investment of Unexpended Funds. Revenues allocated to programs and enterprises, or boards, committees and commissions, shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that the maturity dates of investments be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for programs and enterprises.

6.01. Authorized Purposes. The amounts allocated to fund the Tribal Judiciary, pursuant to section 4.01(b), may be used for the following purposes:

1. As a tribal supplement to assure the permanent appropriation of base funding for the Tribal Judiciary and judicial functions established in the tribal budget; and
2. As a tribal supplement to fund supplemental or increased requirements and programs above the level of base funding, approved for the Tribal Judiciary in the tribal budget.

6.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to the Tribal Judiciary in accordance with appropriations approved in the tribal budget.

6.04. Investment of Unexpended Funds. Revenues allocated to the Tribal Judiciary shall be invested in short term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for judicial purposes.

7.01. Authorized Purposes. The amounts allocated to fund the Tribal Council and Tribal Ogema functions, pursuant to section 4.01(c), may be used for the following purposes:

1. As a tribal supplement to assure the permanent appropriation of base funding for Tribal Council functions as established in the tribal budget;
2. As a tribal supplement to assure the permanent appropriation of base funding for Tribal Ogema functions as established in the tribal budget;
3. As a tribal supplement to fund supplemental or increased requirements and programs above the level of base funding, which is approved for the Tribal Council or Tribal Ogema functions in the tribal budget;
4. As a tribal supplement to fund an under recovery in the indirect cost pool;
5. As a tribal supplement to fund Tribal Council or Tribal Ogema functions that do not comply with
   indirect cost regulations; and
   
6. As a tribal supplement to fund un-recovered expenses associated with operations of the Gaming Commission, which are not paid out of operating expenses.

7.02. Appropriation of Revenues Allocated. The Tribal Council shall authorize the disbursement of net revenues allocated to Tribal Council and Tribal Ogema functions in accordance with appropriations approved in the tribal budget.

7.03. Revenues allocated to the Tribal Council or Tribal Ogema functions shall be included in the General Fund.

7.04. Investment of Unexpended Funds. Revenues allocated to the Tribal Council and Tribal Ogema functions shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments shall be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for Tribal Council or Tribal Ogema purposes.

8.01. Authorized Purposes. The amounts allocated to fund the Capital Outlay Budget, pursuant to section 4.01(d), may be used for the following purposes:

1. To fund the acquisition of tribal lands, tribal facilities, buildings and interests in land for any authorized tribal purpose;
2. To fund the development of tribal lands, including development of roads, utilities and infrastructure, necessary to promote and support the use of lands and buildings for the purposes such lands and buildings were acquired;
3. To fund capital improvements to existing tribal lands and facilities; and
   
4. To fund the investment account authorized by section 9 for the purpose of securing or servicing debt authorized for funding the purposes described in paragraphs (a) through (c).

8.02. Appropriation of Revenues Allocated; Cap on Allocation. The use of net revenues allocated to fund the acquisition and development of land, buildings, and interests in land shall be approved through the appropriation of funds for such purposes in the tribal budget; provided that the total amount of unobligated revenues held in the Capital Outlay Budget shall not exceed seven and a half million dollars ($7,500,000.00).

8.03. Revenues allocated to the acquisition and development of tribal lands, facilities and buildings shall be included in the Capital Outlay Budget.

8.04. Investment of Unexpended Funds. Revenues allocated to the acquisition and development of lands and buildings may be invested in investment vehicles with a range of maturity dates tailored to the purpose authorized. Those revenues appropriated for the purpose of funding cash purchases of lands or buildings, or development of lands or buildings, shall be invested in short-term investment vehicles, which mature sixty (60) days prior to the time such funds will be needed.

9.01. Authorized Purposes - Trust Fund. The amounts allocated for investment and long-term self-sufficiency of the Tribe, pursuant to section 4.01(e), maybe used for the following purposes:

1. To fund the establishment of an investment account, described in section 9.03, to be managed for the purpose of pledging such funds to secure or service loans or other obligations, authorized for any of the purposes described in this ordinance;
2. To fund the establishment of a Self Sufficiency Trust Fund, described in section 9.05, to be managed for the purpose of preserving and promoting the long-term self-sufficiency of the Tribe; and
3. To pay the fees and expenses associated with retaining the services of a professional investment manager or trust manager for managing the account/fund authorized by this section.

9.02. Appropriation of Revenues Allocated. The appropriation of revenues allocated to the purposes authorized in this section shall be determined by the Tribal Council on an annual basis.

9.03. Engagement of Investment/Trust Fund Management Firm. The Tribal Council shall engage a consulting or advisory firm to assist in selection of an independent professional investment management firm. The Tribal Council shall engage an independent investment management firm with proven competence and experience established in the business of counseling large endowments, trusts or pension funds.

9.04. Investment Account. The Tribal Council shall establish an investment account to be managed for the purpose of pledging such funds to secure or service debt authorized to fund any of the purposes described in section 4.01(e).

1. Funding of Investment Account; Principal Cap. The Tribal Council shall annually determine the percentage of funds allocated to the Trust Fund to be deposited in the investment account during each fiscal year. The Tribal Council may also allocate a portion of the funds allocated to land acquisition and development and economic development activities to the investment account; provided that the principal amount of the investment account authorized in this section shall not exceed twenty million dollars ($20,000,000.00) at any time.
   
2. Investment Management Plan. The Tribal Council, in consultation with its investment manager, shall develop a plan for managing, investing and distributing income and principal from the account to match the requirements from the Tribe's operating, enterprise and fixed asset group budgets. Income not distributed shall be re-invested and added to the principal amount of the account. The Tribal Council, in consultation with its investment manager, may obligate or pledge future income and up to fifty percent (50%) of the principal of this account to secure loans or other debt. In defining the provisions for administration of this account, the Tribal Council, shall establish rules and standards for the invasion of the principal.

9.05. Self-Sufficiency Trust Fund. In order to promote and assure the long-term self-sufficiency of the Tribe, the Tribal Council shall establish a trust to be known as the "Self Sufficiency Trust Fund." The Tribal Council shall annually determine the percentage of funds allocated to investment and long-term self-sufficiency to be deposited in the Self Sufficiency Trust Fund during each fiscal year.

1. Duration of Trust. The Self Sufficiency Trust Fund established in this section shall continue in existence so long as the Tribe exists and is recognized by the United States. The principal of these trust funds shall not be invaded or distributed except upon termination or disestablishment of the Tribe.
2. One-hundred percent (100%) of the earnings generated by the Self Sufficiency Trust Fund shall be reinvested in the fund and shall not be distributed until the principal amount of the fund contains not less than twenty million dollars ($20,000,000.00), at which time all or any portion of the earnings may be reinvested or distributed by the Tribal Council.
3. Use of Earnings. In distributing earnings, the Tribal Council shall give priority to using the funds to meet any anticipated shortfalls in base funding for essential governmental functions (legislative, judicial, executive, law enforcement) and to fund direct, essential services (i.e. health, education, housing, social services) to tribal members, particularly tribal elders and children.
4. The Tribal Council in consultation with its investment manager, shall develop a plan for managing, investing, administering and distributing income and principal from the Trust Fund.

9.06. Revenues allocated to the investment account or the Self Sufficiency Trust Fund shall be included in the Trust Funds Budget of the Tribe.

9.07. Investment of Funds. Revenues allocated to Trust Fund shall be managed pursuant to an investment policy to be adopted by resolution of the Tribal Council. At a minimum, that investment policy shall provide:

1. That the revenues appropriated to an investment account be weighted toward investments with long-range goals and maturities that provide for obtaining the highest rate of return current markets can safely provide;
2. A percentage allocation of equities and debt instruments;
3. Investment objectives to be reviewed on a quarterly basis by the Tribal Council; and
4. That the revenues appropriated to the Trust Fund shall be maintained as separate accounts, which shall be audited a least once each fiscal year by a certified public accountant who shall prepare a report on the results of such audit. The report of the audit shall be available for inspection by any member of the Little River Band of Ottawa Indians.

10.01. Authorized Purposes. The amounts allocated to fund tribal economic development, pursuant to section 4.01(f), may be used for the following purposes:

1. To provide supplemental funding for ongoing enterprises, including funds for capital acquisitions for such enterprises;
2. To provided start-up capital for new business ventures, business acquisitions and commercial investments benefiting the Tribe;
3. To fund infrastructure improvements to support tribal economic development activities;
   
4. To fund the establishment of a revolving credit account for loans to support business enterprises of tribal members;
5. To fund the establishment of a business development corporation to provide technical assistance and support to businesses and business enterprises of tribal members; and
6. To fund the establishment of the investment account authorized by section 9, for the purpose of pledging such funds to secure or service debt authorized for the purposes described in paragraphs (a) through (e).

10.02. Appropriation of Revenues Allocated; Cap on Allocations. The Tribal Council may authorize the disbursement of net revenues allocated to tribal economic development activities as a part of appropriations approved in the tribal budget; provided that the amount of unobligated revenues held for such purposes in the Economic Development Budget of the Tribe shall not exceed ten million dollars ($10,000,000.00) at any time. Requests for obligation of appropriations in support of economic development proposals may be considered in accordance with procedures adopted by the Tribal Council.

10.03. Revenues allocated to tribal economic development activities shall be included in the General Fund of the Tribe.

10.04. Investment of Unexpended Funds. Revenues allocated to fund tribal economic development activities may be invested in investment vehicles with a range of maturity dates tailored to the purpose authorized. Those revenues appropriated for the purpose of the direct funding of economic development activities or business acquisition shall be invested in short-term investment vehicles, which mature ninety (90) days prior to the time such funds will be needed.

11.01. Authorized Purposes. The amounts allocated to fund programs for the enhancement and preservation of tribal sovereignty, pursuant to section 4.01(g), shall be used for the purpose of establishing a fund, known as the "Rights Protection Fund", which may be used for the following purposes:

1. To fund supplemental or increased requirements in the Tribe's Legal Department, which are necessitated by efforts to enhance and preserve tribal sovereignty;
   
2. To fund supplemental or increased requirements historical, ethnohistorical or other research related to enhancement and preservation of tribal sovereignty;
3. To cover legal fees associated with the retention of special counsel and litigation expenses (including expert costs) authorized in support of efforts to enhance and preserve of tribal sovereignty; and
4. To support or oppose legislative initiatives which impact tribal sovereignty.
   

11.02. Appropriation of Revenues Allocated; Cap on Allocation. The Tribal Council shall authorize the disbursement of net revenues allocated to the Rights Protection Fund in accordance with appropriations approved in the tribal budget or through supplemental appropriations. The Tribal Council shall, not less than annually, review and establish the priorities for activities to be carried out with funds appropriated from the Rights Protection Fund. Allocations of net revenues to the Rights Protection Fund shall be managed so that the unobligated balance of that fund does not exceed two million dollars ($2,000,000.00) at the end of any fiscal year.

11.04. Investment of Unexpended Funds. Revenues allocated to the Rights Protection Fund shall be invested in short-term investment vehicles. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide. The investment agreement must further provide that maturity dates of investments shall be staggered to provide for maturity ninety (90) days prior to the time such funds will be needed for the purposes authorized.

12.01. Authorized Purposes. The amounts allocated to the Contingency Reserve Fund shall be utilized as a reserve fund for unbudgeted funds, or unexpended funds from previous fiscal years.

12.02. Appropriation of Revenues Allocated; Cap on Allocation. The Tribal Council shall authorize the disbursement of funds in the Contingency Reserve Fund in accordance with the budgeting process or a resolution making allocations therefrom. As a result of audit findings, or by recommendation of the Tribal Ogema, the maximum amount in the Contingency Reserve Fund shall be set on an annual basis.

12.03. Investment of Funds. Until such time as the use of revenues allocated to the contingency reserve are developed and approved in accordance with the terms of this section 12, those revenues shall be invested in investment vehicles with maturity dates not to exceed ninety (90) days. The investment policy to be followed is that of preserving the principal and of obtaining the highest interest or rate of return current markets can safely provide.

13.01. If any section, or any part thereof, of this ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction or by the Department of the Interior, the remainder of the section or part of this ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.

14.01. Nothing in this ordinance shall provide or be interpreted to provide a waiver of sovereign immunity
from suit of the Tribe or any of its governmental officers and/or agents.

15.01. This ordinance shall take immediate effect after the date of its enactment.

15.02. Applicability - Accounts; Percentages. Until such time as the Tribal Council shall amend this Ordinance to remove this Section, this Ordinance shall be for the purposes of setting forth specific accounts and budget processes, but shall be for guidance only in regards to required percentages. It is the intent of the Tribal Council, upon adoption of this Ordinance, to review on an annual basis, from Fiscal Year 2000 until such time as this ordinance is amended, the percentages allocated to each specified account(s) identified herein for purposes of directing accurate percentage allocations.


Revenue Allocation Ordinance
Ordnance # O 1-100-03
Adopted - March 21, 2001
Updated: June 6, 2001(10:36am)

1.01. The purpose of this ordinance is to implement a method for preparing, adopting, and implementing a tribal budget for all tribal governmental operations. This ordinance is adopted pursuant to Article IV, Section 1 and Section 7(i), and Article V, Section 5(a)(6) and Section 5(c) of the Constitution.

For the purposes of this ordinance, and as set forth in the Revenue Allocation Ordinance, the following terms are defined as follows:

2.01. "Borrowing Authority" means authority expressly delegated by the Tribal Council by appropriation or ordinance that permits a tribal agent to incur obligations on behalf of the Tribe.

2.02. "Contract Authority" means delegated authority, included with the adoption of the tribal budget or an appropriation by resolution, which authorizes the Tribal Ogema or a tribal agent to enter into contracts or other obligations. Such contracts may be for an extended period of time beyond the fiscal year in which it was entered.

2.03. "Tribal Revenue" means any funding generated by a business or enterprise, taxes, assessments or levies, or funding received from outside administrative agencies, including state or federal government.

2.04. "Carry-over" means the action by which funds related to grants and contracts are moved from one fiscal year to the next. Funds carried over do not constitute net revenue or net gaming revenue, but are included within tribal revenue.

2.05. "Department" means a discrete logical unit within the subdivisions of the Tribe which represents a single activity or related activities generated from a single office. Departments have individual budget account numbers allocated by the Accounting Department as approved in the budget by the Tribal Ogema and Tribal Council.

2.06. "Unexpended Funds " means those net revenues of the Tribe not utilized during a fiscal year and may include unbudgeted funds, if such funds are identified at the conclusion of the fiscal year.

3.01. Balanced Budget. The tribal budget for the government of the Little River Band of Ottawa Indians shall be balanced.

3.02. Funding Availability. Unless specifically stated in an appropriation, all expenditures by tribal government operations are subject to funding availability.

3.03. Conclusion of Fiscal Year. Unexpended and carry-over funds at the end of the fiscal year may be reallocated in the next fiscal year pursuant to Section 4.05(f).

4.01. General. The Tribal Ogema is responsible for preparing and presenting the tribal budget proposal for approval by Tribal Council, in accordance with Article V, Section 5(a)(5) of the Tribal Constitution.

4.02. Membership Input Through Tribal Council. The Tribal Council shall set on its agenda, prior to the end of the first quarter of the fiscal year, a time period specifically for receiving comments on activities, programs, businesses, enterprises, or other activities for proposed inclusion in the development of the next fiscal year's budget. The Tribal Council shall forward this information to the Tribal Ogema for use in preparation of the budget for the next fiscal year. Provided that, such public hearing comments shall be transmitted to the Tribal Ogema no later than the last day of May.

4.03. Formulation. The Tribal Ogema shall prepare a proposal for the tribal budget for the upcoming fiscal year and shall submit the proposal to the Tribal Council Budget and Finance Committee by the third Friday in August. Formulation of the tribal budget proposal shall consist of the following steps:

1. The Tribal Ogema shall review current programs and enterprises', and boards, committees and commissions', objectives and results;
2. The Tribal Ogema shall allocate net revenues as set forth in the Revenue Allocation Ordinance;
3. The Tribal Ogema shall develop a summary of tribal priorities and objectives, which includes a narrative statement justifying the priorities and objectives proposed for all subdivisions, and shall request priorities and objectives from boards, committees and commissions which shall be included;
4. The Tribal Ogema shall review previous appropriation actions to determine:
   1. if existing directives regarding program and enterprise development plans or plans for the delivery of governmental services require review and/or revision; or
      
   2. if progress is being made towards the goals established in such plans and/or if additional action or direction is necessary to fully complete such progress; and
5. Review and consideration of directives or findings of independent audits, program audits, or assessments of program operations, management, internal controls or other findings or directives that promote the financial integrity of tribal government operations.

4.04. Budget Hearing. The Tribal Ogema shall present to the membership the proposed tribal budget for comment and review at a budget hearing prior to completion of the final draft and submission to the Tribal Council Budget and Finance Committee. Such budget hearing shall be held no later than July 31 St.

4.05. Tribal Council Budget and Finance Committee. The Tribal Council Budget and Finance Committee will review the tribal budget proposal prior to formal submission for approval by Tribal Council, for the purpose of providing comment to the Tribal Ogema and shall complete its review no later than August 31. The Tribal Council Budget and Finance Committee may provide assistance and input during formulation of the tribal budget at the request of the Tribal Ogema.

4.06. Composition of the Tribal Budget. The tribal budget proposal shall consist of the following subsections:

1. Schedule of Allocation of Net Revenues and Net Gaming Revenues. As set forth in the Revenue Allocation Ordinance, this subsection of the tribal budget proposal shall contain the following
   information:
   1. Estimated net revenues
   2. Estimated net gaming revenues
   3. Allocations to base funding as set forth in Section 4 of the Revenue Allocation Ordinance.
      
2. Functional Responsibilities and Detail Expenditures. Within this subsection of the tribal budget proposal, the Tribal Ogema shall describe the functional responsibilities and objectives for each subdivision and present detailed estimates of all proposed expenditures showing expenditures for corresponding items for the current and last preceding fiscal year, and explanation for increases and decreases proposed.
3. Indebtedness. Statements of the indebtedness, including bonds, of the Tribe, showing the debt redemption schedules and interest requirements, debt authorized and unissued, and the condition of any sinking funds.
4. Anticipated Tribal Revenue. Detailed estimates of all anticipated income of the Tribe from all sources including Self Determination Act contracts, grants, assessments, taxes and revenue allocation funds, with a comparative statement of the amounts received by the Tribe for each of the same or similar sources for the last preceding and current fiscal year.

4.07. Presentation of Tribal Budget Proposal to Tribal Council. The tribal budget proposal shall be presented to the Tribal Council Budget and Finance Committee as set forth in section 4.05. Following consultation with the Tribal Council Budget and Finance Committee, the Tribal Ogema shall submit the tribal budget proposal, as revised, to the Tribal Council by September 30'. Based upon the budget hearings held by the Tribal Ogema and comments received from Tribal members, the Tribal Council may reconcile or adjust the budget requests from the Tribal Ogema with available funding from grants, contracts, Revenue Allocation Ordinance funds, and any other revenues.

4.08. Enactment and Execution of Tribal Budget.

1. The tribal budget for the next fiscal year shall be approved by the Tribal Council in the month of October.
2. Four (4) originals of the approved budget shall be presented to the Tribal Ogema for his/her approval within seven (7) calendar days after its approval by the Tribal Council. The Tribal Council shall include with the approved tribal budget, a report detailing any line item increases, reductions, deletions or additions to the budget proposal submitted by the Tribal Ogema.
3. The Tribal Ogema shall approve or disapprove the tribal budget within seven (7) calendar days after the Budget has been submitted by the Tribal Council. If the Tribal Ogema approves the tribal budget, as presented, he/she shall sign the tribal budget and return a copy of the executed tribal budget to the Council Recorder.
4. If the Tribal Ogema, disapproves the tribal budget presented by the Tribal Council, he/she shall return it to the Council Recorder within the seven (7) day period provided in subsection (c), specifying the line item modifications he/she objects to.
5. The Tribal Council shall meet within fourteen (14) calendar days to reconsider the tribal budget and the Tribal Ogema's objections. If, after reconsideration, the Tribal Council again approves the tribal budget by an affirmative vote of six (6) of the nine (9) Tribal Council members, the budget shall be returned to the Tribal Ogema, who shall sign it notwithstanding his/her objections.
6. If, after reconsideration, fewer than six (6) Tribal Council members approve the budget, it shall be returned to the Tribal Ogema, without the amendments, who shall approve it.

1. Monthly Budget Report. In accordance with the Constitution, Art. V, Section 5(a)(5), the Tribal Ogema shall ensure that monthly financial reports are prepared and delivered to the Tribal Council describing the financial condition and needs of the Tribe.
2. Quarterly Review of Budget by Tribal Council. At the beginning of each quarter of the fiscal year, the Tribal Ogema shall submit to the Tribal Council a report showing the relation between the estimated and actual revenues to date; and if it shall appear that the income is less than anticipated, the Tribal Ogema may recommend, and the Tribal Council may approve, reductions in appropriations in any subdivision of the tribal budget, except amounts required for base funding and amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the cash income. If the revenues exceed, or if expenditures are less than, the amounts estimated, the Tribal Ogema may recommend supplemental appropriations or reallocation of funds. Quarterly reports shall be made available for inspection by tribal members as required by the Constitution.
3. All actions modifying or adjusting the approved tribal budget, including supplemental appropriations, shall be approved by resolution of the Tribal Council and shall be submitted to the Tribal Ogema for his/her approval in accordance with the procedure described in Section 4.08.
4. Budget Modifications; Authorization. The Tribal Ogema shall have the authority to make or recommend budget modifications subject to the following restrictions:
   1. All modifications to approved budgets, which require supplemental appropriations, or which re-allocate funds from one department to another, must be approved by the Tribal Council.
      
   2. Line item modifications within an approved department, which do not alter the scope of the program, but simply reallocate funds appropriated to that department, may be approved by the Tribal Ogema without Tribal Council approval.
   3. Any change in the scope of a program, such as the expansion or elimination of program activities, or any reduction in amounts appropriated for the purchase or provision of direct services to tribal members, must be approved by the Tribal Council.
5. Disbursements. No funds appropriated by the Tribe shall be disbursed except by check or other banking instrument or process All disbursements shall be made pursuant to applicable procurement and disbursement policies approved by the Tribal Council.
6. Carry-Over of Unexpended Balances.
   
   1. Carry-over of Federal Funds. Funds remaining within the Indian Health Service, Bureau of Indian Affairs or other Special Revenue Fund program budgets will be analyzed by the Tribal Ogema. The reallocation of funds from grants and contracts to the next fiscal year will be subject to any applicable regulations or conditions; provided that Tribal Council approval shall be required for any extension or reallocation that amends the terms of any applicable grant or contract. The Tribal Ogema, will present recommendations for allocation of carry-over funds to the Tribal Council for approval.
   2. Revenue Allocation Funds. Unexpended funds from the Revenue Allocation Ordinance will be reallocated under the procedure established in that ordinance.
      
   3. Time Frame for Reallocation of Unexpended Funds Process. January 31St, or upon the date the accounting books of the Tribe are closed for the prior fiscal year, will be the cut-off date for processing program invoices. Invoices for expenditures authorized in the preceding fiscal year, which are outstanding after the cutoff date will be debited in the subsequent year. If unexpended funds are available, those funds will be used to cover those invoices. The recommendations from the Tribal Ogema regarding carry-over and unexpended fund use requests will be presented to the Tribal Council at a regular session in months of February and March.
7. Depository Accounts. The Tribal Council shall designate the depository account or accounts for tribal funds. At a minimum, separate accounts shall be required for General Fund and Special Revenue Funds.

5 .01. Every tribal government operation has has the initial and fundamental responsibility to assure that its application of public funds adheres to the terms of the authorization under which such funds were appropriated, as well as applicable tribal, federal or state statutory provisions.

5.02. Internal Audit. The Tribal Ogema shall conduct periodic reviews to determine whether applicable accounting and internal controls, including internal audit functions, are appropriate and functioning for each tribal division, department, enterprise, commission or committee. Such internal audits shall examine the financial, management and program activities of tribal divisions, departments, enterprises, commissions and committees. Every tribal subdivision shall be included in the scope of an internal audit at least once during each fiscal year.

5.03. Report of Findings of Internal Audits. Reports of internal audits shall be presented to the Tribal Council by the Tribal Ogema, or his/her designee, on a quarterly basis. Such reports shall include findings and recommendations for corrective action, or a summary of corrective actions taken. Reports shall also be transmitted to the appropriate division or agency.

5.05. Responsibility for Resolution of External Audit Recommendations. The Tribal Ogema is directed to implement or, if appropriate, recommend to the Tribal Council, steps to resolve recommendations and findings of the external auditor within an appropriate period of time.

6.01. If any section, or any part thereof, of this ordinance or the application thereof to any party, person or entity or in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of the section or part of this ordinance shall not be affected and shall remain in full force and effect as though no section or part has been declared to be invalid.

Budget and Appropriations Ordinance
Ordinance # 01-100-04
Adopted - Resolution # 01-0321-10
Updated: June 6, 2001(10:36am)

1.01. Purpose. The purpose of this Ordinance is to institute a tax on the gross gaming revenues of the Tribe's gaming Enterprise, in order to fund the reasonable regulatory costs incurred by the Tribal Gaming Commission and the reasonable fees, expenses and internal overhead costs incurred by the Tribe in overseeing the Enterprise.

1. The Tribal Council has the delegated authority and responsibility to enact ordinances to protect the general welfare of the Little River Band;
2. The Tribal Council and the Tribal Gaming Commission have the responsibility and duty to ensure that the gaming Enterprise is properly regulated and that adequate tribal supervision of the Enterprise exists;
3. The Tribal Council desires to ensure that adequate funding exists to fulfill these responsibilities; and
4. The Tribal Council has the sovereign authority to enact taxes to fund its governmental operations.

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution # 01-0425-08.

2.02. Amendment. This Ordinance maybe amended from time to time asset forth in the Constitution or in procedures adopted by the Tribal Council.

3.01. For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

3.02. "Commencement Date" shall mean the first date that Gaming is conducted in the Permanent Facility pursuant to the terms of the Management Agreement.

3.03. "Compact" shall mean the gaming compact between the Tribe and the State of Michigan, dated as of December 3,1998, entered into pursuant to Section 11(d)(3) of IGRA, as the same may from time to time be in effect.

3.04. "Enterprise" shall mean the Little River Band of Ottawa Indians Gaming Enterprise established by the Tribe to engage in gaming at the Interim Facility and the Permanent Facility.

3.05. "Gaming" shall mean any and all activities constituting class II or class III gaming (as defined in IGRA) which the Tribe is authorized to conduct under the Compact.

3.06. "Generally Accepted Accounting Principles" or "GAAP" shall mean generally accepted accounting principles as applied within the United States.

3.08. "Gross Gaming Revenue (Win)" shall mean the net win from gaming activities conducted by the Enterprise which is the difference between gaming wins and losses before deducting costs and expenses, determined in accordance with GAAP consistently applied.

3.09. "IGRA" shall mean the Indian Gaming Regulatory Act of 1988, PL 100-497, 25 U.S.C. s.2701 etet spea., as same may from time to time be amended.

3.10. "Interim Facility" shall mean the interim gaming facility constructed by the Tribe on the Property as it exists on the Effective Date of this Ordinance.

3.12. "Management Agreement" means the Management Agreement dated as of July 15,1999, as amended as of August 15,1999 between the Manager and the Tribe, as it may be further amended or restated from time to time.

3.13. "Manager" shall mean Manistee Gaming LLC, or any substitute or successor manager of the Enterprise.

3.14. "Permanent Facility" shall mean the permanent gaming facility, conference center, hotel, pool house and RV park to be constructed on the Property by the Tribe.

3.15. "Tribal Gaming Commission" shall mean the Little River Band of Ottawa Indians Gaming Commission created pursuant to the Tribal Gaming Ordinance to regulate Gaming of the Tribe in accordance with the Compact, IGRA and the Tribal Gaming Ordinance.

3.16. "Tribal Gaming Ordinance" shall mean the ordinance enacted by the Tribe, which authorizes and regulates Gaming on lands subject to the governmental power of the Tribe, as the same maybe amended from time to time.

3.17. Terms used but not defined in this Ordinance shall have the same meaning herein as in the Management Agreement.

4.01. Records and Record Keeping. The Enterprise shall retain all records necessary for the administration of the taxes imposed under this Ordinance for a period of at least three years from the date such taxes were paid to the Tribe. All of such records are subject to audit by the Tribe.

5.01. Imposition of Tax. A tax is imposed on the Gross Gaming Revenue (Win) of the Enterprise in the amount of two and one-half per cent (2.5%) of such Gross Gaming Revenue (Win) generated as a result of Gaming conducted at the Interim Facility and three per cent (3%) of such Gross Gaming Revenue (Win) generated as a result of Gaming conducted at the Permanent Facility.

5.02. Collection and Payment of Tax. The tax imposed by section 5.01 hereof shall be payable monthly in arrears, no later than twenty days after the end of each month. During the Term of the Management Agreement, unless the Management Agreement is earlier terminated in accordance with its terms, Manager shall deliver to the Tribe a certificate signed by an officer of Manager at the time the tax is paid stating the amount of the tax and showing how such amount was computed.

5.03. Admission of Tax. The tax imposed by this Ordinance shall be administered by the Tribal Ogema. The Tribal Ogema may promulgated rules to administer this Ordinance and may prescribe the form of certificate to be filed at the time the tax is paid by a Gaming Enterprise subject to this tax.

5.04. Effective Date. This Ordinance shall be effective on the first day of the month following the date on which it is adopted by the Tribal Council.

6.01. Use of Proceeds. Proceeds from the Gross Gaming Revenue Tax shall be used to fund the reasonable
regulatory costs incurred by the Tribal Gaming Commission and to fund the reasonable fees, expenses and
internal overhead costs incurred by the Tribe in overseeing, or otherwise in relation to, the Enterprise.

6.02. Deposit of Tax Revenues. All tax revenues received under this Ordinance shall be deposited by the Tribal Ogema to the credit of the general fund and shall be disbursed only in accordance with the Budget and Appropriations Procedures Ordinance for the purposes described in section 6.01.

6.03. Penalties. Failure to pay any tax revenues required by this Ordinance in a timely manner shall result in a $5000.00 penalty assessed on a daily basis.

Gross Gaming Revenue Tax Ordinance
Ordinance # 01-100-05
Adopted - April 25, 2001
Updated: June 6, 2001(10:36am)

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1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution, and particularly by Article II, section 4 which authorizes the Tribal Council to set forth Ordinances for the enrollment of individuals as members of the Little River Band, and in furtherance of the Tribal Council's authority to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby enacts this ordinance which shall establish the Tribal enrollment procedures and policies.

This Ordinances is adopted under provisions of the Constitution of the Little River Band of Ottawa Indians, which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

1.02. Legislative Action. The Tribal Council shall have the authority to amend, or repeal this Ordinance in accordance with procedures set forth in the Constitution and by the Tribal Council. The legislative history of actions taken in regards to this ordinance are as follows.

1. Repeal of Ordinance # 94-1018-01. The Tribal Council replaced Ordinance # 94-1018-01 with Ordinance # 97-200-01 by adoption on October 12,1997.
2. Amendment to Ordinance # 97-200-01. The Tribal Council amended Ordinance # 97-200-01 on January 31, 2001, 2001 by adoption of resolution # 01-0131-01.

2.01. Eligibility for Membership. An individual is eligible for membership in the Tribe, if he/she possesses at least one-fourth (1/4) degree Indian blood, of which at least one-eighth (1/8) degree must be Grand River Ottawa or Michigan Ottawa blood and:

1. Is a lineal descendant of a member of the historic Grand River Bands who resided in Manistee, Mason, Wexford or Lake Counties in the State of Michigan, who was listed on the schedule of Grand River Ottawa in the Durant Roll of 1908 as approved by the Secretary of the Interior on February 18, 1910; or,
2. Is a lineal descendant of individuals listed on the 1870 Annuity Payrolls of Chippewas and Ottawas of Michigan listed under the following Ottawa Chiefs: Kewacushkum Pay-quo-tush Me-tay-wis Shaw-be-quo-ung Penayse Kaw-gay-gaw-bowe Maw-gaw-ne-quong Ching-gawa-she Aken Bell; and,
3. Is not currently enrolled in any other federally recognized Indian Tribe, band, or group.
   

3.01. Application forms to be filed by or for applicants for enrollment will be furnished by the Enrollment Officer, or other persons designated by the Enrollment Commission, upon written or oral request. The Enrollment Officer may also send application forms to persons known to be eligible for enrollment together with the notice of preparation of the roll.

3.02. A separate application is required for each individual seeking enrollment or for whom enrollment is sought. A parent of a minor under the age of 18 may file an enrollment application on behalf of his/her child(ren). Legal guardians of other legally incompetent persons may file enrollment applications on behalf of such persons; however, the Enrollment Officer may require proof of a guardian's status as a condition of approving an application submitted on behalf of such person. The Enrollment Officer shall assign a control number to each application received.

3.03. The burden of proof rests with each person submitting an application for enrollment to establish the applicant's eligibility for enrollment pursuant to Section 2 of this Ordinance.

3.04. Documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits, may be used to support enrollment. Records of the tribe or of the Bureau of Indian Affairs may be used to establish eligibility. The Enrollment Officer may utilize documents submitted on behalf of one family member in determining another family member's eligibility.

3.05. The Enrollment Officer shall make every effort to complete his/her review of each application within 120 days after receipt of the application. The Enrollment Officer shall, within that 120 day period, make a recommendation to the Enrollment Commission to either accept or reject the application, or in unusual situations, request additional information from the applicant.

3.06. The Enrollment Commission, with the assistance of any person authorized to assist in the enrollment processes, shall review each application, the recommendations of the Enrollment Officer, and make its determination in writing stating the reason(s) for acceptance or rejection of the application.

3.07. Persons whose applications for enrollment are accepted shall be assigned an enrollment number and shall be issued an enrollment card signed by the Tribal Ogema.

3.08. If the Enrollment Commission has rejected an application for enrollment, the Commission shall set forth the reason(s) for rejection in writing, including any additional evidence which might be needed to approve such application, and provide written notice to applicant of his/her right to re-submit the application at a later date or to appeal the decision in accordance with Section 8 of this Ordinance.

4.01. An Enrollment Commission consisting of three (3) to five (5) enrolled Tribal members shall be appointed by the Tribal Council in accordance with applicable Tribal laws and policies governing the appointment of members of Tribal Committees. The term of office for a member of the Enrollment Commission shall be for four years. Individuals appointed to the Enrollment Commission shall be sworn in by the Tribal Court. The terms of the Enrollment Commission members existing as of the date of adoption of these amendments shall be as follows so as to create staggered terms of office:

1. Two of the members shall be chosen at random and shall serve two year terms.
2. The remaining members, including any vacancies shall serve four year terms.

4.02. The members of the Enrollment Commission shall select one (1) member to serve as Chairperson of the Commission. The Enrollment Commission shall meet at least once a month or as often as necessary. The Enrollment Officer or Commission Chairperson shall call all meetings when it is determined that there is a need for a meeting. All other rules of procedure for the conduct of meetings shall be determined in accordance with any applicable Tribal Ordinances or policies governing the conduct of meetings.

4.03. In addition to the responsibilities described in Section 3 of this Ordinance, the Enrollment Commission shall advise the Enrollment Officer, other pertinent staff and the Tribal Council as to how the enrollment process may be made as fair and equitable as possible. The Enrollment Commission shall also assist in the preparation of any special rolls, including roles of Tribal members eligible for monetary payments or other benefits that may accrue to Tribal members.

5.01. The Enrollment Officer shall ensure that the roll of tribal members is kept current.

5.02. The Enrollment Officer shall prepare a minimum of four copies of the roll of those persons determined to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, date of death, degree of Indian blood and degree of Grand River Ottawa or Michigan Ottawa blood. The membership roll shall be updated periodically or, at a minimum, annually, to add newly enrolled members.

5.03. Bi Annual Audit. In January 2001, and every two years thereafter, starting in September 2002, the Enrollment Officer shall conduct, or cause to be conducted, a Bi-Annual Audit of the Roll. Such audit shall be conducted on any previously unaudited portion of the Roll. The Biannual Audit shall be conducted to accomplish two goals:

1. To confirm or otherwise verify the accuracy of each member approved for enrollment; and
   
2. To review and provide comment on the processes utilized by the Enrollment Officer and Enrollment Commission.

5.04. Presentation of the Biannual Audit. The Enrollment Officer shall present to the Enrollment Commission the Biannual Audit which shall contain the following sections:

1. Corrections to the Roll. This section shall contain changes identified by the Enrollment Officer in the Biannual Audit. These changes shall be grouped into the following categories. All lists identified in this subsection shall contain the full name of the member, enrollment number, blood quantum, date of birth, and other identifying characteristics as may be necessary as identified by the Enrollment Officer.
   1. No corrections are necessary. This shall be a list of those members for which the Enrollment Officer identified no discrepancies.
   2. Correction to roll which results in an increase in the blood quantum of a member. This shall be a list of those members for which the Enrollment Officer identified discrepancies in the file which will result in increasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity the reasons why the member's blood quantum should be increased.
   3. Correction to the roll which results in a decrease in the blood quantum of a member which may result in disenrollment. This shall be a list of members for which the Enrollment Officer identified discrepancies in the file which will result in decreasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity why the member's blood quantum should be decreased.
2. Review and Analysis of the Processes. This section shall identify the list of processes and procedures, including the Enrollment Ordinance, utilized by the Enrollment Officer and Enrollment Commission and any proposed changes or amendments that may be identified by the audit.