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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.

5.05. Action on the BI Annual Audit. The Enrollment Commission shall accept the audit at a regular or special meeting, from the Enrollment Officer. After acceptance, the Enrollment Commission shall rule on each section of the audit.

1. Approve audited files without change.
   
2. Approve, or disapprove corrections to the file which result in increases in blood quantum. Such disapproval shall include written reasons for the disapproval, and may include a recommendation which identifies additional information or authentication which would cause the Enrollment Commission to approve the recommendation.
3. Approve, or disapprove corrections to the file which result in decreases in blood quantum. Approval shall result in the Enrollment Officer forwarding via personal service or certified mail, return receipt requested, notice to the member of the initial decision of the Enrollment Commission and hearing date for the final decision.

5.06. Hearings. The Enrollment Commission shall hold hearings regarding corrections to decrease blood quantum for individual members. Such hearings shall be closed hearings, and all evidence and testimony shall be recorded and collected for the record. The member shall be given at least fourteen calendar days notice of the hearing date, time and place, and shall be notified that he/she may bring additional evidence, witness or other information to the hearing. The Enrollment Commission shall utilize the following process for hearing, as well as any rules promulgated by the Tribal Court in regards to the receipt of evidence or testimony.

1. The Enrollment Officer shall present the results of the Biannual Audit in regards to the member and the corrected blood quantum.
2. The member shall present any evidence or witnesses.
3. The Enrollment Officer may cross-examine witnesses presented by the member.
4. The Enrollment Commission may request closing or summary arguments at the completion of the presentations, and may ask questions during any part of the hearing of the Enrollment Officer, member or witnesses.

5.07. Written Decision. The Enrollment Commission shall present a written decision, within 45 days of the end of the hearing, which identifies the facts, evidence relied upon, and rule of law in regards to its decision making process to the Enrollment Officer and member. The written decision shall include direction to the Enrollment Officer regarding changes to the blood quantum, as well as notice to the member that he/she may appeal the decision to the Tribal Court as set out in Section 8 of the Enrollment Ordinance. Provided that, the Enrollment Commission, by a showing of good cause, may enter an order extending the 45 day deadline not longer than 30 days.

6.01. Grounds for Disenrollment. Any enrolled member of the Tribe who applies for and becomes an enrolled member of any other federally recognized Indian Tribe, Band or group subsequent to his/her enrollment in the Little River Band of Ottawa Indians, shall thereby forfeit his/her membership in the Little River Band of Ottawa Indians. An enrolled member of the Tribe may also be disenrolled upon a determination that a prior determination was made based upon a mistake of fact.

6.02. Procedure for Disenrollment Upon receiving notice that one or more of the grounds for disenrollment exist, the Tribal Enrollment Officer shall:

1. Contact the member, or the member's parent or guardian, and inform such person of the fact they will be disenrolled, the reason for such person's disenrollment and opportunity to provide arguments and evidence why he/she should not be disenrolled;
2. The notice required under paragraph (a) shall be mailed to such person's last known address by registered mail, return-receipt requested, at least thirty (30) days prior to disenrolling such person;
3. If, after thirty (30) days, there is no response, and the grounds for disenrollment is verified the Enrollment Officer shall submit a certificate of disenrollment to the Enrollment Commission along with a written report;
4. If the Enrollment Commission determines that the disenrollment report is correct, the certification of disenrollment shall be entered;
5. Upon entering the certification for disenrollment, the Enrollment Officer shall provide the affected person(s), or such person(s)'s parent or guardian, notice of the Enrollment Commission's action and inform such person(s) of the appeals procedure pursuant to Section 8 of this Ordinance.
6. An Tribal member who is disenrolled because it has been verified that such person has applied for and become an enrolled member of another federally recognized Indian Tribe, Band or group, that person shall be banned from re-applying for membership for a period of five (5) years.

7.01. Relinquishment Defined. "Relinquishment" is an act by which an enrolled member voluntarily and officially gives up the right of Tribal membership. It is an action that can only be taken by the individual.

1. Submitting a written and signed statement to the Enrollment Officer requesting that his/her name be removed from the membership roll.
2. The only acceptable proof of relinquishment is the signed, notarized letter of relinquishment.
   
3. Once an individual has relinquished his/her membership, that individual shall be banned from reapplying for enrollment for a period of five (5) years.
4. Membership of a minor or other incompetent person may be relinquished by the parents or legal guardian; however, in such an event, a minor may re-apply, within the five (5) year period, or upon reaching the age of seventeen (17). An incompetent person's relinquishment may be corrected by that individual by proving competency.
5. The Tribal Enrollment Officer may not refuse a competent member's request to relinquish his/her membership, if such person's request is supported by a written, signed and notarized letter making that request.

8.01. All appeals from decisions of the Enrollment Officer or Enrollment Commission shall be heard by the Tribal Court.

8.02. Any person, including the parent or legal guardian of a minor or incompetent, who has been rejected for enrollment or subject to disenrollment has a right to appeal the decision of the Enrollment Commission.

8.03. The applicant appealing a decision of the Enrollment Commission shall the burden of proof on appeal.

8.04. All appeals shall be made in writing to the Tribal Court. An applicant shall have sixty (60) calendar days from the date of the adverse decision appealed from to file an appeal with the Tribal Court.

8.05. An applicant shall be granted a sixty (60) day extension to file his/her appeal if a written request for an extension is filed with the Tribal Court within the sixty (60) day period described in Section 8.04.

8.06. Parties may submit any additional supporting evidence or documents which were not previously furnished to the Enrollment Officer or Enrollment Commission and may include a copy of or reference to applicable Tribal records or records of the Bureau of Indian Affairs which relate to the applicant's eligibility for enrollment under Section 2 of this Ordinance.

8.07. The Tribal Court shall permit all parties to examine records submitted on appeal and to provide testimony or other evidence which would support or refute the application for membership or continuance of membership.

8.08. The sole issues on appeal will be to determine of the Enrollment Officer or Enrollment Commission made an error in rejecting the application for enrollment or in disenrolling the applicant. The burden of proof shall remain with the individual affected by the decision of the Enrollment Commission.

9.01. Records Subject to Confidentiality Provisions. As used in this Ordinance, "records" or "enrollment files" means any item or information about or collected from individuals, including, but not limited to, birth certificates, genealogy reports, or other documents that contain the individual's name, or identifying particulars assigned to the individual, such as photographs, which information is collected for the purpose of determining the eligibility for enrollment in the Tribe of an individual or members of an individual's family.

9.02. Use of Information; Advice to Individuals.

1. Each individual who supplies or is asked to information about himself and his family shall be informed of the use or uses to which the information may be put, and what the consequences, if any, are of not supplying the information.
2. At minimum, the notice to the individual must state:
   
   1. The authority which authorizes the solicitation of the information and that the disclosure of such information is voluntary;
   2. That the principal purpose of such information is to determine the eligibility of that person and/or his relations for enrollment in the Little River Band of Ottawa Indians;
   3. That the information may also be used to determine the eligibility of that person and/or his relations for benefits available from the state or federal government which are made available to persons of certain Indian blood quantum;
   4. The effect on him and/or his relations, if any, of not providing all or part of the information requested by the Enrollment Officer or Enrollment Commission;
   5. The steps which will be taken to keep such information and the procedure for authorizing disclosure of information to persons not authorized to access such information under this ordinance.

1. Records Maintained in Manual Form. When maintained in manual for,. enrollment files shall maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection:
   1. Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons.
   2. During working hours,
      
      1. the area in which the records area maintained or regularly used shall be occupied by authorized personnel or
      2. access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
   3. During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
2. Records Maintained on Computer. When maintained in computerized form, enrollment files and records shall be maintained, at a minimum, subject to safeguards based on those recommended in the National Bureau of Standards booklet "Computer Security Guidelines for Implementing Privacy Act of 1974" (May 30, 1975), and any supplements thereto, which are adequate and appropriate to assuring the integrity of records in the system.

1. Persons Authorized to Review Records. Unless disclosure to a particular person or persons is authorized pursuant to subsection (c) of this suction, records contained in individual enrollment files may only be handled and reviewed by the following persons:
   1. the Enrollment Officer;
   2. members of the Enrollment Commission;
      
   3. members of the Appeals Board or the Tribal Court reviewing or hearing an appeal regarding a particular enrollment application or file.
2. Handling Records. Employees or members of the Appeals Board or Tribal Court whose duties require handling of records subject to this ordinance shall, at all times, take care to protect the integrity, security and confidentiality of these records.

9.05. Disclosure of Records.

1. No records contained in individual member's enrollment files may be disclosed by any means of communication to any person, or another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.
2. Specific Exceptions. The prohibition contained in paragraph (i) does not apply where the record would be:
   1. A list of enrolled member's names and address may be included in a Directory prepared by the Enrollment Officer in accordance with Section 10 of this Ordinance. The Directory of members' names and addresses may be provided to any Tribal member or employee of the Tribe requesting a copy of such Directory.
   2. To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the United States Code.
   3. To a recipient who has provided the enrollment officer or other person responsible for the record system in which the documents contained in the enrollment files are maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the records are to be transferred in a form that is not individually identifiable.
   4. To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual.
   5. Pursuant to the order of the tribal court upon a showing of good cause.

9.06. Accounting for Disclosures.

1. Maintenance of an Accounting. Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by subsection 9.05, an accounting shall be made. The accounting shall record
   1. the date, nature, and purpose of each disclosure of a record to any person or to another agency and
   2. the name and address of the person or agency to whom the disclosure was made.
      
2. Access to Accountings. Accountings of all disclosures of a record shall be made available to the individual to whom the record relates at his request.

1. A request for access to records contained in enrollment files shall be made in writing to the enrollment officers or his designee.
2. Form of decision.
   
   1. No particular form is required for a decision granting access to records. The decision shall, however, advise the individual requesting the record as to where and when the record is available for inspection or, as the as may be, where and when copies will be available. If fees are due for collecting and/or copying records, the individual shall also be notified of the amount of fees due.
   2. A decision denying a request for access, in whole or part, shall be in writing and shall state the basis for denial of the request. The decision shall also contain a statement that the denial may be appealed to the Tribal Court. This appeal must be filed no later than twenty (20) days after the date of the denial.

10.01. The Enrollment Officer is authorized to prepare a Directory of Tribal Members. The Directory may include the name and address of each adult member of the Tribe.

10.02. The Enrollment Officer shall send written notice regarding the preparation of the Tribal Member Directory to the last known address of each adult member of the Tribe. Such notice shall inform each adult member Tribe that a Directory containing Tribal members' names and addresses will be published not less than sixty (60) days after the date of such notice, unless the member notifies the Enrollment Officer that he/she does not wish to have his/her name and/or address included in such Directory. Members shall also be given the option to provide additional information for inclusion in the Directory, which may include the member's telephone number and the name and age of such member's minor children.

10.03. A copy of the Tribal Member Directory shall be provided to any Tribal member or employee of the Tribe requesting a copy. The Enrollment Officer shall keep a record of the name and address of each person to whom a Directory has been provided.

11.01. 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 thereof.

12.01. Nothing in this Ordinance is intended to modify or invalidate enrollment decisions made or approved by the Enrollment Officer or Enrollment Commission under authority of Ordinance No. #94-1018-01 prior to the effective date of this Ordinance.

Enrollment Ordinance
Ordinance 97-200-01
Amended - January 31, 2001 Updated: June 6, 2001(10:36am)

Ordinance # 98-200-02

1.01. Authority for this Ordinance is Article IV, Section 7 and Article IX 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 guidelines governing the appointment the Election Board responsible for conducting the first election under the Tribal Constitution. The regulations and procedures contained in this Ordinance shall further define the responsibilities and limitations on the Election Board consistent with Article IX of the Tribal Constitution.

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.

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

2.01. "At Large District" means the District representing those members of the Tribe residing in any Michigan County, State or other area outside the Nine County District. Qualified Voters who are registered in the At-Large District shall be entitled to vote for candidates for the Tribal Council seat representing the At-Large District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.02. "Ballot" means a paper document printed with a list of candidates for elected offices in each Council District and the Ogema appearing in a randomly determined manner. Ballots shall also contain a number or other identifying code so that the number of votes cast can be monitored and to prevent voters from casting more than one ballot.

2.03. "Ballot Box" means a secure container into which untallied ballots will be placed during the voting period. The Election Board may utilize a U.S. Postal Service box as a ballot box to receive absentee ballots or regular ballots in the event the first election is conducted by mail.

2.04. "Campaigning" means active participation in regular, organized efforts to solicit support for the election of, or in opposition to, specific candidates for office. Campaign activities include: making contributions in support of, or opposition to, candidates, disbursement of campaign literature or signs, canvassing (in person or by telephone) in support of, or opposition to, certain candidates, and organizing/holding meetings or gatherings. Campaigning does not include actions by which one merely expresses his/her support for a candidate(s) verbally or by wearing a button or placing a sign or sticker on one's property.

2.05. "Candidate" means a person who has filed any document(s) necessary to declare such person's candidacy for an elected position on the Tribal Council representing one (1) of the three (3) Council Districts or for the Office of Tribal Ogema. A person must announce his/her candidacy for a Council position for a specific District and may not simultaneously be a candidate for a position on both the Tribal Council and the Office of tribal Ogema.

2.06. "Constitution " means the Constitution of the Little River Band of Ottawa Indians, ratified by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

2.07. "Contribution " means the donation of money or in-kind donation of a person's efforts or services (personal or professional) in support of a particular candidate or candidates for any elected position in Tribal government.

2.08. "Districts" or "Council Districts" means 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. Qualified Voters must be registered to vote in either the "At-Large District" or the "Nine County District."

2.09. "Election Board " means the five (5) member Board responsible for conducting the first election following its appointment by the Tribal Council pursuant to Article IX, Section 1(e) of the Constitution. The Election Board derives its authority from Article IX of the Constitution and this Ordinance.

2.10. "Election Process" means the steps necessary to conduct the first election and shall include the election announcement, registration of voters, verifying nominating petitions and candidate qualifications and counting of ballots.

2.11. "Immediate Family Member" means a parent, stepparent, spouse, sibling, stepsibling, child or other person(s) residing in the same household.

2.12. "Member" means a person who is duly enrolled in the Little River Band of Ottawa Indians in accordance with applicable Tribal Enrollment Ordinance(s).

2.13. "Nine County District" means the area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, and Wexford Counties, in the state of Michigan. Qualified Voters who are registered in the Nine County District shall be entitled to vote for candidates for the six (6) Tribal Council seat representing the Nine County District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.14. "Non-Candidate Registrants" means individual Tribal members who have registered pursuant to Section 5 of this Ordinance to campaign for, or make contributions on behalf of, any candidate(s) in the election.

2.15. "Poll" or "Polling Place" means anyplace designated by the Election Board for voting to take place. In the case of elections by mail, the homes of Registered Voters shall constitute the "polls" as that term is used in Article IX, Section 3(b) of the Constitution.

2.16. "Qualified voters" means any duly enrolled member of the Tribe, who will be at least eighteen (18) years old on the date of the first election.

2.17. "Registered Voters" means any Qualified Voter who has fulfilled any additional requirements prescribed by the Election Board to vote in the first election. Qualified Voters must be registered in either the "At-Large District" or the "Nine County District."

2.18. "Residence" means a person's primary and legal residence for the six (6) preceding the date of the first election. Evidence of residence may include, but not be limited to, the following: mailing address, address on driver's license, and address listed on utility bills. No Tribal member shall be deemed to have lost his/her residence by means of service in the armed forces of the United States, while a full-time student at any institution of higher learning, nor while confined in any public jail. A person's primary residence determines the district in which such person will be registered to vote.

2.19. "Tribal District" means the District representing all of the members of the Tribe regardless of their area of residence. Qualified voters who are registered in either the At-Large District or the Nine County District shall be entitled to vote for candidates for the two (2) Tribal Council seats representing the Tribal District.

2.20. "Tribal Council" means the nine (9) person body, elected from the three (3) Council Districts, which exercises the legislative powers of the Tribe. The term "Tribal Council" may also refer to the seven (7) person governing body serving at the time the Constitution was adopted.

2.21. "Tribal Ogema" means the chief executive officer of the Tribe elected by majority vote of members voting for the office of Tribal Ogema in the election.

3.01. Appointment. The Tribal Council shall appoint an Election Board consisting of five (5) adult members of the Tribe meeting the qualifications described in subsection 3 .02. Such appointments shall be made within thirty (30) days after the date the Constitution was approved by the Assistant Secretary-Indian Affairs. The Tribal Council may appoint a number of alternates meeting the qualifications described in section 3.02, who shall serve on the Election Board in the event that any member of the Election Board is disqualified or removed from office or in the event that a member resigns from his/her office.

3.02. Eligibility. No person may be appointed to the Election board who is currently holding office on the Tribal Council or is a member of the Tribal Court. No person may be appointed to the Election Board if such member, or a member of such person's Immediate Family, is a Candidate for elected office.

3.03. Resignation, Disqualification and Removal of Election Board Members.

1. Resignation of Election Board, Member. An Election Board member may resign his/her office at any time. Resignation is immediate upon submitting written notice to the Tribal Council of his/her resignation.
2. Disqualification. If an Immediate Family member of any person serving on the Election Board becomes a candidate for elected office that Board member shall be disqualified from serving.
3. Removal. All allegations of impropriety on the part of Election Board members in performance of their duties shall be referred in writing to the Tribal Court. Persons brining allegations of impropriety before the Tribal Court must identify the Election Board member(s) allege to have engaged in improper conduct, the specific action(s) or conduct supporting the allegations, including the date(s) such conduct occurred, the identify of witnesses/participants in such conduct, the impact such conduct has/had on the election process, and the remedy sought. A copy of the allegations shall be served on the Chairperson of the Election Board, the Board member(s) involved, and the Council Recorder. A hearing on the allegations shall be conducted by the Tribal Court within fourteen (14) days after such allegations are filed with the Court. Notice of such hearing, including the specific grounds alleged for removal shall be posted at the Tribal Offices and shall be served on the Board member affected and the remaining Board members at least seven (7) days prior to the hearing date. The affected Board member shall be given the opportunity to answer the charges at a public hearing of the Tribal Court. If the allegations against the Election Board member(s) are sustained, by a preponderance of the evidence, the Tribal Court may order the removal of the affected Board member or other appropriate injunctive relief. If the Tribal Court finds, by clear and convincing evidence, that the conduct of the Election Board member(s) has had a material affect on the integrity of the election process or the outcome of the election, the Tribal Court may declare the affected election results void and order that a new election be held. The decision of the Tribal Court shall be final.

3.04. Vacancies. A vacancy on the Election Board resulting from resignation, disqualification or removal shall be filled as follows:

1. If alternates named pursuant to Section 3.01 are available and willing to serve on the Election Board, such alternate(s) shall be designated by the Speaker/Chairperson of the Tribal Council to fill the vacancy.
2. If no alternates are available or willing serve on the Election Board, the Tribal Council shall appoint a person to fill such vacancy by majority vote.

3.05. Oath of Office. Immediately upon appointment to the Election Board, the Tribal Chairperson shall administer an oath of office to each member of the Board. The oath of office shall include a commitment to uphold the Constitution of the Little River Band of Ottawa Indians, to perform faithfully and diligently the duties and responsibilities of the Election Board, and make every effort to prevent fraud or abuse of the election process. Such oath shall be administered both orally, at a public meeting of the Tribal Council, and in writing.

3.06. Term of Office. The service of the Election Board members appointed to conduct the first election shall expire immediately upon completion of their duties.

3.07. Compensation. Election Board members shall serve without pay; however, Board members shall receive an honorarium for attendance at meetings and may be reimbursed for any expenses incurred in connection with their official duties, including mileage. The amount of such honorarium and other expenses shall be authorized in accordance a budget appropriating funds for the activities of the Election Board approved by the Tribal Council.

3 .08. Duties. The Election Board shall perform all duties necessary to properly conduct the first election and to perform such other duties set forth in this Ordinance.

3.09. Ethical Standards. Election Board members shall uphold the integrity, fairness and independence of the Election Board and the election process in the performance of their duties in that an independent and honorable Election Board is indispensable to assure the respect for the election process in the Tribal community. In furtherance of this requirement, the following ethical standards shall apply to Election Board members during their term of service:

1. Election Board members shall not be actively or publicly involved in the campaign of any person for Tribal Council or other elective office;
2. Election Board members should refrain from all Tribal political activities or actions, which could be interpreted in the Tribal community as supporting any political position. This prohibition does not mean that an Election Board member cannot engage in electoral politics at the local (township, county), state or national level.
3. Election Board members should refrain from announcing his or her views on disputed legal or political issues related to Tribal elections or candidates for elected office.
4. Election Board members, as well as family members who reside in such Board member's household, shall not accept a gift, favor or loan from any person who is a candidate for elected Tribal office or who is a "Non-Candidate Registrant" for any candidate.
5. Election Board members shall not solicit funds or contribute to a Tribal political organization, candidate or political event.
6. Election Board members shall refrain from making any public comment regarding the election rules and procedures unless authorized by the Election Board.
7. Election Board members should encourage members of his/her immediate family to conform to the same standards of political conduct that apply to him/her.

It shall be cause for removal from the Election Board if any member violates this section.

4.01. Election Rules and Procedures. The Election Board shall issue such rules and regulations, consistent with this Ordinance and the Constitution, as may be necessary to properly conduct the first election. Proposed rules and regulations shall be published at the Tribal Offices and presented to the Tribal Council for comment no later than forty-five (45) days after the initial appointments are made to the Election Board. Final rules and regulations shall be issued not later than ninety (90) days after the initial appointments are made. The Election Board may promulgate its rules and regulations in phases to facilitate the conduct of the election and to meet the requirements of Section 4.02. The Election Board's authority to promulgate rules and regulations shall include, but not be limited to:

1. Establishment of the date for the first election.
   
2. Registration of Qualified Voters in the Tribe, including certification of voter's eligibility, identification of those Registered Voters residing in the "At-Large District" and the "Nine County District," and preparation, publication and updating the roll of Registered Voters prior to the date of the election.
3. Use of nominating petitions or other appropriate procedures to establish the list of candidates for the Off ice of Tribal Ogema and Tribal Council from each of the Council Districts.
4. Procedures for verification of the qualifications of candidates and standards for the disclosure of financial conflicts or other background information by candidates, which the Election Board deems necessary and appropriate to protect the integrity of the electoral process and to protect the public interest.
5. Establishing the form of ballots necessary to implement the District voting process established in the Constitution.
6. Establishment of polling places, distribution of ballots and other voting procedures.
7. Procedures for filing and resolving election challenges.
8. Conduct of fun-off elections for the Office of Tribal Ogema, if necessary.
9. Certifying election results.

In carrying out the above responsibilities, the Election Board shall seek to promote the integrity, fairness and independence of the Election Process by promoting full and equal participation in the Election Process by all Qualified Voters of the Tribe.

1. Preliminary Announcement. Within forty-five (45) days after the initial appointments to the Election Board are made, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal Newsletter a preliminary election announcement which shall, at a minimum, give the date of the election, the voter registration procedures, the officers (Council seats by District and Tribal Ogema) to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for voter registration and closing the list of candidates for each elected office.
2. Final Election Announcement. Not less than sixty (60) days before the date set for the first election, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal newsletter, an election announcement which shall give the date of the election, the manner in which the vote is to be taken (mail/polling places/absentee ballots), the officers to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for each stage of the election process.

4.03. The members of the Election Board shall select one (1) member to serve as Chairperson of the Board. The Election Board shall meet at least once a month or as often as may be necessary to promulgate the rules and procedures governing the first election, to complete the first election and to fulfill such other duties as are delegated to the Election Board by this Ordinance. The Election Board Chairperson shall call all meetings when it is determined that there is a need for a meeting. The Election Board shall determine its own rules of procedure for the conduct of meetings.

5.01. No campaigning shall take place in any of the Tribal Offices, Tribal buildings or any Tribal enterprises.

5.02. Candidates who are tribal employees shall not campaign during office hours. Tribal employees are further prohibited from campaigning for, or exhibiting support for, or opposition to any candidate during office hours. Council members, employees, and members of Tribal Committees and Commissions are further prohibited from campaigning for, exhibiting support for, or opposition to any candidate at official Tribal meetings or functions. Employees, Committee members and Commissioners may engage in any authorized campaign activity after work or other official functions provided such activities occur outside of Tribal Offices or Tribal buildings. Violations of these provisions by Tribal employees shall be referred in writing to the employee's supervisor in accordance with the Tribe's Personnel Policies. Violations of these provisions by members of the Tribal Council, Committees or Commissions shall be referred tot he Speaker/Chairperson and Secretary/Recorder of the Tribal Council.

5.03. Campaign signs may not be posted or erected on any Tribal property except for signs on residential property with the owner/tenant's permission.

5.04. Use of Tribal Newsletter. The Tribal Newsletter is published by the Tribal Government for the purpose of disseminating news and information concerning Tribal Government services, activities, minutes of Tribal Council meetings and other subdivisions of Tribal government, and state/national developments of general interest to Tribal members. Funding for publication of the Tribal Newsletter is derived from federal revenues and is supported equally by each Tribal program. The Tribal Council hereby establishes the following policy governing the use of the Tribal Newsletter in connection with the election of Tribal officials:

1. No letters expressing the opinions of commentary if Tribal members and employees concerning disputed legal, programmatic or political issues within the Tribal community or letters directly in support of, or opposition to, a specific person or candidate shall be accepted for publication from the date of enactment of Ordinance through the date the first election is concluded.
2. One edition of the Tribal Newsletter shall be devoted to the Tribal Election in advance of the Election Date. This publication shall include biographies, including any disclosures required by the Election Board, of each candidate for Tribal Council seats in each District and the Office of Tribal Ogema. The Final Election Announcement shall also be published in this edition. The Election Board shall approve the text of the biographies and disclosures for candidates prior to publication.

5.05. Campaign Financing by Non-Candidate Registrants. No person may expend money in support of or opposition to any candidate unless that person has first registered with the Election Board on forms provided by the Election Board for that purpose. Such Non-Candidate Registrants shall:

1. Comply with subsections 5.01 through 5.04.
2. May not expend more than $1,000.00 in cash during the election.
3. May not solicit or receive funds from other people or organizations for campaign purposes.
4. Must report his/her expenditures and campaign activities to the Election Board as provided in Section 5.07.
5. Only Tribal members may be Non-Candidate Registrants.
   

5.06. Campaign Financing by Candidates. A candidate may solicit funds or other contributions for his/her campaign provided:

1. Such solicitation or fund-raising activities comply with subsections 5.01 through 5.04.
   
2. A record of all contributions received is kept. Such record must contain information the person making the contribution, the date received and the amount or type of contribution made.
3. No contributions from non-Tribal members may be solicited or accepted unless received from members of the candidate's immediate family. Funds received from such family members may not be derived from other people or organizations.
4. Only individuals may make contributions to campaigns.
   
5. A record of all contributions received and expenditures must be reported to the Election Board on a monthly basis.

5.07. Reports of Campaign Finances and Activities. Each candidate and Non-Candidate Registrant shall report all campaign contributions and expenditures to the Election Board. Reports shall include all individual contributions, listing the name and address of persons making contributions and the amount contributed. The report shall also list all expenditures related to any campaign. Reports shall be submitted monthly by the fifteenth (15) day of each month of all activities during the preceding month. Final reports of contributions and expenditures shall be filed with the Election Board no later than the deadline set for contests relating to vote count. Failure of any candidate or Non-Candidate Registrant to file necessary report with the Election Board within the required tome shall result in a find of $10.00 per day. Any person submitting reports to the Election Board which are materially false or inaccurate may be fined up to $500.00 per occurrence.

5.08. Powers of Election Board.

1. The Election Board shall have the power to promulgate rules and procedures as may be necessary to implement and enforce the provisions of this Ordinance relating to campaigning and campaign financing.
2. The Election Board shall have the power to investigate campaign activities and allegations of violations of this Ordinance. This power shall include the power to issue subpoenas and cause them to be served and enforced, and the power to impound records or documents that will aid the Election Board in fulfilling its responsibilities. The conduct of such investigations shall accord the affected parties notice of issues being investigated and opportunity to respond to such inquiry, and to examine documents or witnesses presented to the Election Board. Any decisions or orders of the Election Board imposing any injunctive relief or any other sanction or penalty shall be in writing, which summarizes the grounds for such decision or order, and that the decision may be appealed to the Tribal Court.

6.01. 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 affect the validity of the this remaining portions thereof.

First Election Ordinance
Ordinance # 98-200-02
Adopted - August 10,1998 Updated: June 6, 2001(10:36am)

Ordinance No. 98-200-04

1.01. These procedures are adopted pursuant to Article IV, Section 7 of the Tribal Constitution and the Tribe's Plan for the Use and Distribution of the Little River Band of Ottawa Indians Judgment Funds, Dockets 18-E, 58 and 364 (known as the "80/20 Plan"), which has been adopted as a Tribal Ordinance. The purpose of these procedures is to clarify the process for implementing certain aspects of the 80/20 Plan and to establish procedures and forms for clarifying certain rights and responsibilities described in the 80/20 Plan.

2.01. Request for Disbursement. Upon receiving notice of the Effective Date of the Tribe's Plan for Use and Distribution of the Judgment Funds, the Chairperson/Speaker of the Tribal Council shall call a Special Meeting, if necessary, for the purpose of enacting a Resolution requesting the disbursement of the Tribe's share of the Judgment Funds by electronic transfer to the financial institution and account number specified in such resolution.

2.02. The Tribal Council Chairperson shall consult with the Office of Trust Management to prepare any documents necessary to complete the request for disbursement in advance of the Effective Date to expedite the completion of the disbursement.

3.01. Primary Account. The Tribal Council shall establish a primary account with Huntington National Bank in Manistee, Michigan to receive 100% of the Tribe's share of the Judgment Funds as provided in Section 2.

3.02. Within 10 days after receipt of the Tribe's share of the Judgment Funds, the Tribal Council shall direct that the 20% share of Judgment Funds programmed for land acquisition purposes be deposited in Account No. 01182014764 at Huntington National Bank.

3.03. The 80% of the Tribe's share of the Judgment Funds remaining in the account established under Section 3.01 of these Procedures shall remain in such account for implementation of the per capita payment portion of the "80/20 Plan".

4.01. The Tribal Registrar shall prepare a list of all Qualified Tribal Members eligible to receive a per capita share of the 80% of the Judgment Funds programmed for per capita payments. The list of Qualified Tribal Members shall be posted at the Tribal Offices and Community Center in Manistee and other suitable locations in Muskegon and Grand Rapids, Michigan.

4.02. The Tribal Registrar shall publish Notice of the availability of the list of Qualified Tribal Members in the Tribal Newsletter to permit any member to confirm that his/her name, or that of his/her children is on such list.

4.03. The Tribal Registrar shall also maintain a list of all Applicants whose applications for enrollment were submitted on or before January 30,1998, and whose applications are still pending.

4.04. The Tribal Registrar shall make every reasonable effort, consistent with the Tribe's Enrollment Ordinance, to make a final determination on all pending applications for enrollment, which are included on the list established in Section 4.03 of these Procedures, on or before October 30, 1998. Notice of this proposed deadline shall be sent to all applicants affected by this provision.

5.01. The Tribal Registrar shall provide the Tribe's Controller with an up-to-date list of the names and addresses for each Qualified Tribal Member within seven (7) days after the Tribe receives notification that the Tribe's share of the judgment funds have been transferred to the account specified in Section 3.01 of these procedures. The Tribal Registrar shall also determine the total number of persons on the roll of Qualified Tribal Members and total number of applicants still pending on the roll prepared under Section 4.03 of these Procedures.

5.02. Following verification of the total number of persons on the roll of Qualified Tribal Members and applicants pending, the Tribal Controller shall calculate each qualified member's per capita share, based upon the amount of funds remaining in the Primary Account, following transfer of the 20% of the Judgment Funds programmed for land acquisition to account No. 01182014764.

5.03. The Tribal Controller shall notify the financial institution of the amount of each qualified members' per capita share and provide the financial institution with a list of the names, social security number, and date of birth for each Qualified Tribal Member. The list provided to the financial institution shall also specify the names, social security number, and date of birth for all Minor Qualified Tribal Members, Incompetent Qualified Tribal Members and Incarcerated Qualified Tribal Members for whom trust accounts are to be established.

5.04. As soon as practical, the per capita checks for all adult qualified tribal members, other than incompetent qualified Tribal members and incarcerated qualified tribal members shall be mailed to the last known address on file with the Tribal Registrar. The per capita share of each Qualified Tribal Member shall be determined by dividing the total amount of funds held in the Primary Account on the date per capita checks are issued, divided by the total number Qualified Tribal Members and applicants still pending from the list prepared under Section 4.03 of these Procedures. Any balance remaining in the Primary Account after the per capita checks are mailed to Qualified Tribal Members shall be distributed as provided in Section 3.02 of the "80/20 Plan" and in accordance with these Procedures.

5.05. The per capita shares for minor qualified tribal members, incompetent qualified Tribal members and incarcerated qualified tribal members shall be transferred to the appropriate trust account(s) established under Section 3.04 of the "80/20 Plan" and in accordance with the approved trust agreement providing for the establishment and administration of such accounts.

5.06. In the event that the per capita share check mailed to any qualified Tribal member is not delivered or received and is returned to the Tribal Offices, such member's per capita share shall be placed in an individual, interest-bearing interest account. Such member shall have 365 days from the date such account is established to claim his/her returned payment. The Tribal Registrar shall publish a list of all qualified tribal members, whose per capita payments are being held in escrow, each month in the Tribal Newsletter. If the returned per capita payments are not claimed within the 365 day period, the amount held in such escrow account shall revert to the Tribe and shall be transferred to the Reservation Restoration Trust Fund.

5.07. Per capita payments will only be mailed to the last known address for Tribal members. Tribal members must make their own arrangements if he/she wish to have his/her per capita payment forwarded to or managed by a third person.

5.08. Notice of Any Tax or Benefit Consequences. It is the Tribe's belief and position that the receipt of per capita shares by Tribal members does not constitute taxable income and that the receipt of per capita benefits may not be considered as income or a resource for purposes of determining such member's eligibility for any public assistance program or benefits. The Tribe shall make every reasonable effort to verify this position and shall provide members with written notice of any tax or benefit consequences at the time per capita shares are distributed to members.

5.09. Death of Qualified Tribal Member After Effective Date.

(a) In the event that a qualified tribal member should die after the Effective Date and prior to the date his/her per capita payment is distributed, that individual's payment shall be distributed to his/her heirs at law. The Tribal Registrar may request a copy of the individual's death certificate or other proof of the date of death to verify the individual's eligibility for a per capita share.

(b) If such individual had a will at the time of his/her death, such individual's heirs and the share each such heir is entitled to, shall be determined under that will.

(c) If such individual did not have a will at the time of his/her death, the individual's per capita share shall be distributed in equal shares to any surviving children, or, in the absence of surviving children, shall be distributed to any surviving spouse, or, in the absence of any surviving children or surviving spouse, in equal shares to any surviving parents, or, in the absence of any surviving children, surviving spouse, or surviving parents, in equal shares to any surviving siblings, or, in the absence of any surviving children, surviving spouse, or surviving siblings, shall revert to the Tribe. In all cases, an individual's heirs shall be determined by a court of competent jurisdiction.

(d) The Tribe shall hold such individual's per capita share in an interest bearing escrow account pending final determination of such person's heirs at law and each heir's share of such person's per capita share.

6.01. The per capita shares for any qualified tribal member who is under the age of 18 years as of the Effective Date of the plan shall be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

6.02. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the minors' trust accounts will be established, if different, with an up-to-date list of the name(s), address(es), date of birth and social security number(s) for all minor qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for parents and/or legal guardians for each minor for whom a trust account is being established.

6.03. It is the obligation of the parent(s) and/or legal guardians for each minor for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the minors' trust accounts of any address changes for each minor.

1. The parent(s), legal guardian(s) or an emancipated minor may file a petition with the Tribal Court to request distributions from such minor's trust account prior to the time the minor reaches the age of 18.
2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information: (i) name, address, date of birth and social security number of minor involved; (ii) the name; address, relationship, and social security number of person making request; (iii) the reason justifying the request for a disbursement from the trust account (proposed use of the funds); (iv) the amount of money requested; and (v) any instructions for making the disbursement (i.e. who the money will be paid to, if known).
3. A minor's co-parent and the Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from a minor's trust account and may appear to object to any proposed disbursement. The Court shall also determine if a minor fifteen (15) years of age or older supports or objects to the proposed disbursement and the reason(s) for his/her support or objection.
4. It is the Tribal Council's intention that the release of funds from a minor's trust account, except in the case of emancipated minors, not be made to cover the everyday living expenses of the minor, which are the responsibility of the parent(s) or guardian(s). Requests for disbursements should generally be made for extraordinary expenses only. Nevertheless, the Tribal Council recognizes that parents or guardians may, on occasion, be faced with extraordinary circumstances that justify the release of funds to cover what, under normal circumstances, would be considered everyday living expenses. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
5. In all cases, the Tribal Court shall require the petitioning parent or legal guardian to provide an accounting and submit receipts for all expenditures made on behalf of the minor following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
6. In all cases in which the release of any portion of a minor's trust account is authorized, any funds remaining in such minor's trust account shall be transferred to an interest-bearing money account.

1. The Tribal Registrar shall maintain a list of all minors reaching the age of 18 during each calendar month following the Effective Date.
2. Upon reaching the age of 18, a qualified Tribal member, whose per capita share is held in a trust account, may request that the Tribal Registrar release the funds held in his/her trust account. All requests shall be in writing.
3. Upon receiving a request for release of funds, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual. A list of all individuals requesting release of trust funds during any calendar month shall be maintained by the Tribal Registrar for approval at the next Tribal Council meeting.
4. Following approval by the Tribal Council, the Tribal Council Recorder/Secretary shall prepare a request for disbursement of such minor's trust account, including the per capita share and all earnings, to be forwarded to the financial institution serving as Trustee of the minor's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

7.01. The per capita shares for any qualified tribal member who has been declared incompetent by a court of competent jurisdiction may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

7.02. Limitation on Authority to Establish Trust Account Under these Procedures. Only qualified tribal members, who have not been declared incompetent by a court of competent jurisdiction and whose legal guardians have provided the Tribal Registrar with an approved Letter of Authority evidencing his/her guardianship, will have their per capita shares placed in trust pursuant to this Section. A qualified Tribal member who has a third person managing his/her finances under any other legal arrangement, such as Social Security Payees, may arrange to have his/her per capita funds transferred to a managed account or managed by such third person; however, in the absence of a court-approved Letter of Authority designating a third person as legal guardian, individuals must make their own arrangements to have per capita funds managed by a third person and these individual's per capita share will be mailed directly to that him/her in accordance with Section 4 of these procedures.

7.03. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the incompetent qualified Tribal members' trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incompetent qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the legal guardians for each incompetent person for whom a trust account is being established.

7.04. It is the obligation of the legal guardians for each incompetent person for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the trust accounts of any address changes for each incompetent person.

1. The legal guardian of an incompetent person may file a petition with the Tribal Court to request distributions from such person's trust account for the incompetent individual's health, welfare or economic security.
2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information:
   1. name, address, date of birth and social security number of incompetent member involved; (ii) the name, address, relationship, and social security number of person making request;
   2. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
   3. the amount of money requested; and
      
   4. any instructions for making the disbursement (i.e. who the money will be paid to, if known).
3. The Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from an incompetent individual's trust account and may appear to object to any proposed disbursement.
4. The Tribal Court may, upon the request of the guardian, enter an order authorizing a regular monthly distribution to the guardian, or any other appropriate individual or entity, from the trust for the benefit of the beneficiary.
5. In all cases, the Tribal Court shall require the petitioning legal guardian provide an accounting and submit receipts for all expenditures made on behalf of the incompetent person following any distributions from the trust.
6. In all cases in which the release of any portion of an incompetent member's trust account is authorized, any funds remaining in such incompetent member's trust account shall be transferred to an interest-bearing money account.

8.01. Purpose of Trust Accounts. The per capita shares for any incarcerated qualified tribal member may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts. The purpose of these trust accounts is to protect and preserve incarcerated member's per capita funds and ensure that these funds are available to assist the incarcerated member support his/her family during his/her incarceration and/or to assist the incarcerated member following his/her release from confinement.

1. Only those incarcerated qualified Tribal members who request and complete a General Durable Power of Attorney Form, Attachment A to these Procedures, will be eligible to have his/her per capita share placed in a trust account.
2. Execution of the General Durable Power of Attorney Form results in the designation of a person to serve as an incarcerated individual's "attorney-in-fact", which authorizes that person to manage the incarcerated person's affairs, including his/her per capita funds. Incarcerated persons and their family members are advised to read the Power of Attorney Form and, if necessary, to consult with independent legal counsel concerning this Form.
3. An incarcerated individual may designate any competent, adult person, including the Tribal Prosecutor, to serve as his/her attorney-in-fact.
   
4. All incarcerated qualified members, who have notified the Tribal Registrar of his/her incarceration, or whose incarceration is known to the Tribal Registrar, shall be mailed a General Durable Power of Attorney, together with a copy of these Procedures.

1. The Power of Attorney Form provides that the designation of an attorney-in-fact continues until the incarcerated individual is released from confinement and provides a notice of termination, which is provided to the Tribal Registrar.
2. An incarcerated individual may, during the term of his/her incarceration, may terminate a Durable Power of Attorney by providing written notice revoking the Power of Attorney, which is filed with the Tribal Registrar and the Tribal Court. The notice of revocation shall include the incarcerated individual's name, social security number, place of incarceration, and the name of the attorney-in-fact.

8.04. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the individual trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incarcerated qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the attorneys-in-fact designated by each incarcerated member for whom a trust account is being established.

8.05. It is the obligation of the incarcerated individual and his/her attorney-in-fact to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the incarcerated person's trust accounts of any address changes for each person.

1. The attorney-in-fact may file a petition with the Tribal Court to request distributions from an incarcerated qualified member's trust account prior to the time he/she is released from confinement.
2. The petition may be filed by the attorney-in-fact be in any form, but should contain, at a minimum, the following information:
   1. name, address, projected release date and social security number of the incarcerated member involved;
   2. the name, address, relationship, and social security number of person making request;
      
   3. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
   4. the amount of money requested; and
      
   5. any instructions for making the disbursement (i.e. who the money will be paid to, if known). In most cases, written confirmation of the incarcerated individual's support should be attached to the petition.
3. In accordance with Section 3.07 of the "80/20 Plan", requests for the release of funds from an incarcerated member's trust account should only be authorized to cover extraordinary expenses necessary for the incarcerated person's health, welfare or economic security. Expenses may also be authorized for the support, maintenance or education of the incarcerated individual's family. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
4. The Tribal Court may, upon the request of the attorney-in-fact, enter an order authorizing a regular monthly distribution to beneficiary, or any other appropriate individual or entity, from the trust.
5. In all cases, the Tribal Court shall require the petitioning attorney-in-fact to provide an accounting and submit receipts for all expenditures made on behalf of the incarcerated individual following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
6. In all cases in which the release of any portion of an incarcerated member's trust account is authorized, any funds remaining in such incarcerated member's trust account shall be transferred to an interest-bearing money account.

1. Upon being released from confinement, an incarcerated individual, whose per capita share is held in a trust account, may file a notice of termination of the Power of Attorney with the Tribal Registrar. The notice of termination must made be in writing or in person.
2. Upon receiving a request for termination of the Power of Attorney, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual.
3. Upon receiving a verified notice terminating a Power of Attorney under this Section or under Section 8.03, the Tribal Registrar shall prepare a Notice of Termination and Request for Disbursement to be forwarded to the financial institution serving as Trustee of the incarcerated individual's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

9.01. Neither trust income nor principal nor any beneficiary's interest therein shall be subject to alienation, assignment, encumbrance or anticipation by the beneficiary; to garnishment, attachment, execution or bankruptcy proceedings; to claims for spousal maintenance, child support or an equitable division of property incident to the dissolution of marriage; to any other claims of any creditor or other person against the beneficiary; or to any other transfer, voluntary or involuntary, by or from any beneficiary.

10.01. If any section, or any part of any section, of this Ordinance or the application of this Ordinance to any party, person or entity or in any circumstances 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 thereby and shall remain in full force and effect as though no section or part has been declared to be invalid.

11.01. Nothing in this Ordinance shall provide or be interpreted to provide a waiver of the sovereign immunity from suit for damages of the Little River Band of Ottawa or any of its governmental officers and/or agents.

Judgement Fund Procedures Ordinance
Ordinance # 98-200-04
Adopted - November 8,1998
Updated: June 6, 2001(10:36am)

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Chapter 300 - Judiciary

Ordinance # 97-300-01

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution and particularly by Article VII of the Constitution of the Little River Band of Ottawa Indians, 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 establishes the Tribal Judiciary, and enacts this ordinance which shall establish the purposes, powers, and duties of the Tribal Courts.

This Ordinance is adopted under the 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.

2.01. Tribal Court. The Tribal Court shall be a court of general jurisdiction and shall consist of one (1) chief judge and one (1) associate judge who shall meet as often as circumstances require. The Tribal Council may also establish such lower courts or tribunals of limited jurisdiction as the Tribal Council deems necessary from time to time. Except as provided by any Tribal Ordinance establishing lower courts and tribunals, the Tribal Court shall have general superintending control over all such lower courts and tribunals.

2.02. Court of Appeals. The Tribal Court of Appeals shall consist of three (3) judges. At least one (1) of the three (3) judges shall be an Elder (age 55 years or older) in the Tribe, and at least one (1) of the three (3) judges shall be an attorney licensed to practice before the courts of a state in the United States.

3.01. Duties and Powers of the Chief Judge. The person appointed by the Tribal Council to serve as Chief Judge of the Tribal Court shall serve as the presiding officer of the Tribal Court. In that capacity, the Chief Judge shall:

1. Initiate policies concerning the Tribal Court's internal operations and external matters affecting the Tribal Court's position;
2. Meet regularly with the Associate Judge and all Judges of lower courts and tribunals;
3. Counsel and assist the Associate Judge in the performance of his/her duties;
4. Supervise caseload management and monitor the disposition of judicial work of the Tribal Court and Tribal Court personnel;
5. Represent the Tribal Judiciary in its relations with other courts, other agencies, the Tribal Council,
   the bar, the general public and in ceremonial functions; and
   
6. Perform any act or duty or enter any order necessarily incidental to carrying out the purposes of this section.

3.02. Judicial Conferences. At least once a year and at such other times as the Chief Judge finds necessary, the Judges of the Tribal Courts, including the Court of Appeals, shall meet to consider proposals to adopt or amend the rules of the court, improve the administration of justice, including the operations of the court, and to review court finances, including preparation of budget proposals and financial reporting.

Section 4. Jurisdiction of Tribal Court.

4.01. Original Jurisdiction. The Tribal Court shall have original jurisdiction to hear and determine all civil and criminal claims and remedies arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party, except where original jurisdiction or exclusive is given by Ordinance to some other court or tribunal or where the Tribal Courts are denied jurisdiction by the Constitution.

4.02. Appellate Jurisdiction. The Tribal Court shall have appellate jurisdiction to hear appeals from decisions of administrative tribunals, tribal agencies, commissions or other subordinate organizations except where the Tribal Court is denied such appellate jurisdiction by the Constitution or Ordinances of the Tribe.

4.03. Effectuation of Jurisdiction. The Tribal Court shall have jurisdiction and power to make any order proper to fully effectuate the Tribal Court's jurisdiction and judgments.

5.01. The judicial powers of the Little River Band of Ottawa Indians shall extend to all cases and matters in law and equity arising under the Tribal Constitution, the laws and ordinances of or applicable to the Little River Band of Ottawa Indians including but not limited to:

1. To adjudicate all civil and criminal matters arising within the jurisdiction of the Tribe or which the Tribe or an enrolled member of the Tribe is a party;
2. To review ordinances and resolutions of the Tribal Council or General Membership to insure they are consistent with the Tribal Constitution and to invalidate those ordinances and resolutions which are determined to be inconsistent with the Tribal Constitution;
3. Hear disputes based on ordinances and laws of the Tribe for purpose of determining innocence or guilt where trial by jury has been waived;
4. Assign fines and penalties as allowed for violations of Tribal law in accordance with Tribal and Federal Law;
5. Grant search warrants to enforcement officers when just cause is shown;
6. Grant warrants, writs, injunctions and orders not inconsistent with the Tribal Constitution;
   
7. Establish, by general rules, the practice and procedures for all courts of the Little River Band of Ottawa Indians;
8. To prepare and present to the Tribal Chairperson and Tribal Council a budget requesting an appropriation of funds to permit the Tribal Courts to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances creating lower courts of limited jurisdiction.

6.01. Appeals as of Right. The Court of Appeals has jurisdiction over all orders and judgments which are appealable as a matter of right. Except where appellate jurisdiction is given by Ordinance to some other court or tribunal or where the Court of Appeals is denied appellate jurisdiction by the Constitution or Ordinances of the Tribe, all appeals to the Court of Appeals from final judgments or decisions of the Tribal Court by this Ordinance shall be a matter of right.

6.02. Appeals by Leave. Where appellate jurisdiction is given by Ordinance to the Tribal Court or any other lower court or tribunal, the Court of Appeals may review by appeal a case after decision on appeal by the Tribal Court or other lower court. All appeals to the Court of Appeals from appellate decisions of Tribal Court or other lower court or tribunal shall be reviewable only upon application for leave to appeal granted by the Court of Appeals.

7.01. Decisions and Orders. Decisions or Orders of the Tribal Courts shall be in writing, with a concise statement of the facts and reasons for the decisions; and shall be signed by the Judge issuing the opinion. Decisions or Orders of the Court of Appeals shall be signed by all participating Judges. Any Judge dissenting from a decision shall give the reasons for the dissent in writing which is signed by such Judge. All Orders, decisions and dissents issued by the Tribal Courts shall be filed in office of the Tribal Court Clerk, and a record of all decisions and dissents shall be maintained by the Court Clerk.

7.02. Form of Writs and Process. All writs and process issuing from the Tribal Courts shall be styled: "In the Name of the Little River Band of Ottawa Indians,". The seal of the Tribal Court affixed to, or impressed upon, any writ or process in any action in any proceeding or action shall be conclusive evidence that the writ or process was issued by the Tribal Court in all cases where such writ or process may be lawfully issued.

7.03. Record of All Proceedings Required. The Tribal Courts shall be courts of record and a record of all official proceedings in the Tribal Courts shall be made and maintained by and filed in the Office of the Tribal Court Clerk.

8.01. In all cases the Courts of the Little River Band of Ottawa shall apply the laws, regulations, or policies of the Little River Band of Ottawa, or any applicable laws or regulations of the United States.

8.02. Any matters not covered by the laws or regulations of the Little River Band of Ottawa, or by applicable federal laws or regulations, may be decided by the Courts according to the laws of the State of Michigan.

9.01. Procedural Rules Applied. The procedure to be followed in civil and criminal cases filed in the Tribal Courts shall be the Michigan Rules of Criminal Procedure and Michigan Rules of Civil Procedure, except insofar as such procedures are superseded by Rules of Procedure enacted by the Tribal Courts.

9.02. The Tribal Courts' authority to promulgate and amend general rules governing practice and procedure in the Tribal Courts shall include, but not be limited to, the authority to:

1. Prescribe the forms of all process to be issued by the Courts,
2. Prescribe the practices and procedures in the Tribal Courts concerning:
   1. Methods of review,
   2. Special verdicts,
   3. Granting of new trials,
   4. Taxation of costs,
   5. Notice of special motions and other proceedings,
   6. The staying of proceedings,
   7. Hearing of motions,
   8. Discovery procedures, and
   9. Rules of Evidence.
      
      

10.01. The Tribal Courts shall be bound by the Michigan Rules of Evidence, except insofar as such rules are superseded by Rules of Evidence enacted by the Tribal Court.

11.01. The Tribal Courts shall be independent from the legislative and executive functions of the tribal government and no person exercising powers of the legislative or executive functions of government shall exercise powers properly belonging to the judicial branch of government; provided that the Tribal Council shall be empowered to function as the Tribal Court of the Little River Band until the judges prescribed by this Ordinance have been appointed. Rulings of the Tribal Courts cannot be appealed to the Tribal Council or to any other jurisdiction unless such appeal is specifically provided for or permitted by Federal law.

12.01. Manner of Appointment. Judges of the Tribal Courts, including the Court of Appeals, shall be appointed by the affirmative vote of five (5) of the seven (7) members of the Tribal Council.

12.02. Compensation. The Tribal Council shall have the power to establish the level of compensation for each Judge; provided that the compensation due to each individual Judge shall not be diminished during the term of his/her appointment.

12.03. Swearing in Judges. Tribal Judges shall be sworn in by the Chairperson of the Tribal Council.

13.01. In addition to the qualifications described in Section 2, an individual must meet the following additional qualifications in order to be eligible for appointment as a Judge of any Tribal Court:

1. Member of the Tribe. Any member of the Tribe who is twenty-five (25) years of age or older, who is not a member of the Tribal Council or running for a seat on the Tribal Council, and has not been convicted of a felony under Federal, Tribal, or State law or any other crime involving dishonesty or moral turpitude, unless such conviction stems from the performance of a legal duty to the Tribe, may serve as a Tribal Judge.

2. Non-Member Qualifications. A non-member of the Tribe may be appointed to serve as a Tribal judge if such individual possesses a Law degree and has practiced in Federal Indian law or as a Tribal Judge.

3. Licensed Attorneys in Certain Cases. In connection with the establishment of a lower court or division of the Tribal Court system, the Tribal Council may provide by ordinance that an individual serving as Tribal Judge in that court or division must, in addition to meeting the qualifications required under subsection (a) or (b) of this Section 12, be an attorney licensed to practice in the courts of a state of the United States.

14.01. Except as provided for in Section 15 of this Ordinance, the term of office for all Tribal Judges shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

14.02. Tribal Judges will continue in office until a successor is sworn in by the Tribal Chairperson.

14.03. There shall be no prohibition against continuous service.

15.01. Resignation. A Tribal Judge may resign his/her office at any time. Resignation is immediate upon a Judge submitting written notice to the Tribal Council of his/her resignation.

15.02. Reasons for Removal of Tribal Judge. A Tribal Judge may only be removed by a vote of five (5) of the seven (7) Council Members following a recommendation of removal by a majority of the remaining Tribal Judges for the following reasons:

1. Unethical conduct, as defined by the Michigan Indian Judicial Association Model Code of Tribal Judicial Conduct;
2. Gross misconduct or malfeasance in office that is clearly prejudicial to the administration of justice;
3. Ineligibility, under Section 13.01 of this Ordinance to serve as a member of the Tribal Court;
   
4. Inability to fulfill the duties of the office due to mental or physical disability, to the extent that they are incapable of exercising judgment about or attending to the business of the Tribe. Such determination shall be based upon or supported by competent medical evidence or opinion.

15.03. Procedure for Removal of Tribal Judge. If a member of the Tribal Judiciary obtains information which indicates that grounds exist for removal of another Judge, the member shall provide written notice of the charge and specify the facts supporting such charge to all Tribal Judges, including the accused. The Judge so charged shall be notified in advance and provided an opportunity to answer the charges at a public hearing of all members of the Tribal Court held for that purpose. Such hearing shall be noticed at least ten (10) days prior to the hearing at which the Judge's referral for removal is to be considered. If a majority of the remaining Judges of the Tribal Court vote to refer the Judge to the Tribal Council for removal, the grounds for removal shall be set forth with specificity and the Tribal Judge shall be suspended from office until the Tribal Council acts on the referral at a public meeting of the Tribal Council held to consider that referral. At least ten (10) days before the meeting of the Tribal Council at which the vote for removal will be taken, the affected Judge shall be provided with a written notice of that meeting, which notice shall specify the nature of the charges being considered and the facts allegedly supporting such charges. Before any vote for removal is taken, the affected Judge shall be provided with a reasonable opportunity to answer the charges at the Tribal Council meeting. If the Tribal Council, by affirmative vote of five (5) of the seven (7) Council members, finds that grounds for removal as stated by the Tribal Court exist, the Tribal Council shall remove the Judge from office. If the Tribal Council find that the grounds for removal do not exist, the suspended Judge shall be fully reinstated to the Tribal Court.

16.01. A vacancy in any Judge position resulting from a Judge's death, resignation or removal shall be filled in the same manner as the original appointment. The term of office for any Tribal Judge appointed under this Section shall be four (4) years, or until the Tribe adopts a new Constitution pursuant to a Secretarial Election and makes judicial appointments under such Constitution.

Tribal Court Ordinance
Ordinance # 97-300-01
Adopted - August 4,1997 Updated: June 6, 2001(10:36am)

1.01. Purpose; Policy. The Tribal Council of the Little River Band of Ottawa Indians creates this Ordinance for the purposes of creating a process whereby parties to written contracts and other written agreements may agree to resolve disputes arising under their contracts and agreements, without requiring court proceedings and have those decisions of arbitrators recognized and enforceable in Tribal Court.

1. the Constitution of the Little River Band of Ottawa Indians delegates to the Tribal Council the responsibility to "...exercise the inherent powers of the Little River Band by establishing laws through the enactment of ordinances and adoption of resolutions not inconsistent with this Constitution:
   1. to govern the conduct of members of the Little River Band and other persons within its jurisdiction;
   2. to promote, protect and provide for public health, peace, morals, education and general welfare of the Little River Band and its members[.]" Article IV, Section 7(a).
2. the Tribal Council has the responsibility to set forth processes to protect the contractual agreements made between parties subject to the Tribe's jurisdiction when the parties agree to the processes of arbitration.
3. it is an important aspect of recognition of arbitration awards that those awards be made and enforced in substantial compliance with the rules set forth herein.

2.01. Adoption. This Ordinance is adopted by the Tribal Council by Resolution #01 -0404-07 and as amended by Resolution # 01-0425-09.

2.02. Amendment. This Ordinance may be amended from time to time as set forth in the Constitution or in procedures adopted by the Tribal Council.

2.03. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected.

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

3 .02. "Contract" means any written agreement, instrument, or document evidencing the intent of the parties. Contract may also include any written agreement, instrument, or document that is separate from the contract, but states within the separate written agreement, instrument, or document an intent that it is intended to be a part of the original contract.

3.03. "Claim" means any disagreement, dispute, controversy or other conflict arising out of or relating to a contract entered into between two parties, and may, if agreed to between the parties in writing, refer to specific disagreements, dispute, controversy or other conflict arising between the parties, but not out of or relating to the contract.

3.05. "Arbitrable claim" means a claim that is subject to a written agreement to arbitrate that is enforceable under section 4.02.

4.01. General. This Ordinance applies to any contract entered into by the Tribe, or parties subject to the jurisdiction of the Tribe, in which the parties thereto agree in writing to settle claims by arbitration. And, with the agreement of the parties, the parties may include any other claim existing between them at the time of the agreement in the arbitration process.

4.02. Agreements to Arbitrate are Enforceable. An agreement in any contract, or in a separate writing executed by the parties to any contract, to settle by arbitration any claim thereafter arising out of such contract, or any other transaction contemplated thereunder, including the failure or refusal to perform the whole or any part thereof, or an agreement between two or more persons to submit to arbitration any specific claim existing between them at the time of the agreement, shall be valid, irrevocable and enforceable, except upon such grounds as exist at law or in equity for the revocation of any contract.

1. Consent to Jurisdiction. Any contract entered into by the Tribe in which the Tribe agrees to submit any particular type or claim or any claims arising under that contract to arbitration must be approved by adoption of a resolution of the Tribal Council specifically waiving the sovereign immunity of the Tribe to
   1. arbitrate such claim,
   2. have the agreement to arbitrate judicially enforced, and
      
   3. have any award entered in such arbitration judicially enforced.
2. Attorney Fees; Expenses.
   1. Any costs related to arbitration processes shall be allocated equally between all parties to the arbitration, and in no cases may the arbitrator or the Tribal Court allocate any attorney or legal fees of any party to the Tribe, except those incurred by the Tribe, provided that, fees and expenses related to filing arbitration awards, enforcing arbitration awards, or proceedings to order the Tribe to participate in arbitration may be allocated by the Tribal Court.
   2. The Tribal Council may, by resolution agree to the allocation of costs and fees related to arbitration by adoption of a resolution that identifies such agreement; provided that, the amount of costs and fees sought shall be identified by an itemized statement from any attorney, agent, or expert witness who represented the party showing the rate at which the costs and fees were computed.
3. Filing. Prior to commencing any arbitration to which the Tribe is a party, the parties commencing arbitration must file a written statement notifying the Tribal Court of the commencement of arbitration, provided that, where the Tribe has waived the jurisdiction of the Tribal Court pursuant to section 10.02, such filing shall not be required. The Tribal Court shall notify the parties within 14 days of receipt of notice of commencing arbitration under this section whether the Tribal Court has jurisdiction in regards to the matter.

4.04. Representation by Attorney. A party has the right to be represented by an attorney at any proceeding or hearing under this Ordinance. A waiver thereof, regardless of whether it is writing or otherwise, prior to the proceeding or hearing is ineffective.

5.01. Choice of Law. In any contract the parties may agree upon the jurisdiction whose substantive law shall govern the interpretation and enforcement of the contract or claim so long as the subject matter of the contract or claim, or at least one of the parties thereto, shall have some contact with, or relation to, the jurisdiction so selected. Such choice of law provisions shall be valid and enforceable, and not subject to revocation by one party without the consent of the other party or parties thereto.

5.02. Procedural Rules. In any proceeding under this Ordinance, whenever a contract between the parties sets forth a choice-of-law provision, the Tribal Court shall apply the procedural rules of the Tribal Court and the substantive law of the jurisdiction selected in such choice-of-law provision; provided that no procedural rule of the Tribal Court shall bar, delay or impair any action, proceeding or remedy where such action, proceeding or remedy would not be barred, delayed or impaired by the procedural rules of the courts of the jurisdiction whose substantive law applies.

5.03. No Choice-of-Law Provision Identified. In any proceeding under this Ordinance, whenever a contract between the parties does not set forth a choice-of-law provision, the Tribal Court shall first apply the substantive law of the Tribe, and then, if no such law exists, the substantive law of the United States and the State of Michigan, including any applicable choice-of-law principles, provided that such law does not conflict with this Ordinance or other applicable Tribal law.

6.01. Stay of Proceedings. If any action for legal or equitable relief or other proceeding is brought on an arbitrable claim, the Tribal Court Judge who is presiding over the pending action or proceeding shall not review the merits of the pending action or proceeding but shall stay the action or proceeding until an arbitration has been had in compliance with the contract, provided that if the contract between the parties provides a first preference for a jurisdiction other than the Tribal Court to enforce an arbitration award, the Tribal Court shall dismiss the action and order the parties to proceed in accordance with the provisions of the contract.

6.02. Order to Proceed. A party to any contract claiming the neglect or the refusal of another party thereto to proceed with an arbitration thereunder may make application to the Tribal Court for an order directing the parties to proceed with the arbitration in compliance with the contract. In such event, the Tribal Court shall order the parties to arbitration in accordance with the provisions of the contract and the question of whether an obligation to arbitrate the dispute at issue exists shall be decided by the arbitrator(s).

6.03. Advice of the Tribal Court. At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrator(s) may make application to the Tribal Court for advice on any question of tribal or state law arising in the course of the arbitration, provided that, all parties agree in writing that the advice of the Tribal Court shall be final as to the question presented and that it shall bind the arbitrator(s) in rendering any award.

6.04. Merit of Issue. The Tribal Court shall not refuse to enter an order for arbitration on the ground that the claim in issue lacks merit, or because any fault or grounds for the claim sought cannot be shown.

6.05. Appointment of Arbitrators by the Tribal Court. If the contract in which the parties agreed to arbitrate provides a method for appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his or her successor has not been duly appointed, the Tribal Court on application of a party shall appoint one or more arbitrators. An arbitrator appointed by the Tribal Court shall meet the qualifications set forth in any agreement, or, where no qualifications are set forth, shall be an attorney admitted to practice, who is in good standing with the highest court for any jurisdiction, and who has substantial litigation experience or experience with the general subject matter of the contract. An arbitrator so appointed shall have all the powers of one specifically named in the agreement.

Section 7. Time Within Which Award Shall Be Rendered

7.01. Time Not Fixed by Contract. If the time within which an award is rendered has not been fixed in the contract in which the parties agreed to arbitrate, the arbitrator(s) shall render the award within thirty days from the date the arbitration has been completed. The parties may expressly agree to extend the time in which the award may be made by an extension or ratification thereof in writing.

7.03. Requirement of Content of Arbitration Award. The Tribal Court may order an arbitration award submitted for entry of judgment returned to the arbitrator(s) to conform to the requirements of section 7.02.

8.01. Application for Order Confirming Award. At any time within one year after an arbitration award has been rendered and the parties thereto notified thereof, any party to the arbitration may make application to the Tribal Court for an order confirming the award.

8.02. Effect and Enforcement of Judgement. Upon application of a party to the arbitration, the Tribal Court shall confirm an award, unless another party has within the time limits imposed in section 8.03 or 8.04, applied to have the arbitration award vacated, modified or corrected. The judgment confirming an award shall be docketed as if it were rendered in a civil action. The judgment so entered shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a judgment in a civil action, and it may be enforced as if it has been rendered in a civil action in the Tribal Court. When the award requires the performance of any other act than payment of money, the Tribal Court may direct the enforcement thereon in the manner provided by law.

8.03. Vacating an Award.

1. Upon application of a party the Tribal Court shall vacate an award if the Tribal Court finds that:
   1. The award was procured by corruption, fraud or other undue or illegal means.
   2. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party.
   3. The arbitrators in the course of their jurisdiction exceeded their powers or so imperfectly executed them that a mutual, final and definite award was not made, and the award cannot be corrected without affecting the merits of the decision upon the controversy submitted.
   4. The arbitrators in the course of their jurisdiction refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing as to prejudice substantially the rights of a party.
   5. There was no agreement or provision for arbitration subject to this law, unless the matter was determined in a proceeding under section 6.02 and the party participated in the arbitration hearing without raising the objection.
2. The fact that the relief awarded by the arbitrator(s)was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
3. An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue or illegal means, it shall be made within ninety days after such grounds are known or should have been known.
4. In vacating the award on grounds other than those stated in subsection (a)(5), the Tribal Court may order a rehearing by new arbitrators, chosen as provided in the agreement or provision for arbitration or by the Tribal Court in accordance with section 6.05, or, if the award is vacated on grounds set forth in subsection (a)(3) and (4), the Tribal Court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 6.05. The time within which the agreement or provision for arbitration requires the award to be made is applicable to the rehearing and commences from the date of the order therefor.
5. If the application to vacate is denied and no motion to modify or correct the award is pending, the Tribal Court shall confirm the award.

1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the Tribal Court shall modify or correct the award if the Tribal Court finds that:
   1. There is an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award.
   2. The arbitrators have made an award upon a matter not submitted to arbitration and the award may be corrected without affecting the merits of the decision upon the issues submitted.
   3. The award is imperfect as a matter of form, not affecting the merits of the controversy.
      
2. If the application is granted, the Tribal Court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the Tribal Court shall confirm the award as made.
3. An application to modify or correct an award maybe joined in the alternative with an application to vacate the award.

8.05. Record to Be Filed with Clerk of Court. Any party applying for an order confirming, vacating, modifying or correcting an arbitration award shall, at the time the arbitration award or application for order is filed with the Clerk of the Tribal Court for entry of judgment thereon, also file the following papers with the Clerk of the Tribal Court:

1. the agreement to arbitrate;
2. the selection or appointment, if any, of the arbitrator(s);
3. any written agreement requiring the reference of any question as provided in section 6.03;
4. each written extension of the time, if any, within which to make the award;
5. the award;
   
6. evidence that any party to the arbitration proceedings shall have received notice of the filing of such application; and
7. a copy of each order of the Tribal Court upon such an application.

9.01. Appeal. No further appeal may be taken from an order issued by the Tribal Court pursuant to this Ordinance enforcing an agreement to arbitration or an award issued by an arbitrator.

10.01. Jurisdiction. The jurisdiction of the Tribal Court under this Ordinance shall be concurrent with the
jurisdiction of any other court to which the Council shall have explicitly consented in such contract. Any consent to the jurisdiction of a state or federal court contained in a contract described in section 4.02 to which the Tribe is a party and any term of such contract providing for priority among venues shall be valid and enforceable in accordance with its terms.

10.02. Tribe As a Party. By resolution, the Tribal Council may agree to waive Tribal Court jurisdiction or to give priority to some other venue in circumstances where it is in the interest of the public health, peace, morals, education, and general welfare of the Tribe and its members to do so. Such resolution shall specifically state that the Tribal Council is waiving Tribal Court jurisdiction or is giving priority to some other venue, and, if applicable, is waiving the notice requirement of section 4.03(c) and the requirement of exhaustion of Tribal remedies; provided that, in any case where the Tribal Council is giving priority to some other venue, the Tribal Court shall in all circumstances be identified as the venue that comes after the first priority of venues.

10.03. Commercial Court Division. Under Article VI, Section 1, of the Constitution, the Tribal Council does hereby create a Commercial Court of the Little River Band of Ottawa Indians Tribal Court system for the purposes of hearing matters arising under this Arbitration Code, the Tribal Uniform Commercial Code and other ordinances as may from time to time authorize jurisdiction of the Tribal Commercial Court. The Tribal Commercial Court shall apply the provisions of Tribal ordinances and any other procedural codes or rules, ordinances, resolutions or other enactments adopted by the Tribe. When appropriate, the Tribal Commercial Court shall rely on previous opinions issued by the Tribal Court, the Tribal Commercial Court, or the Tribal Court of Appeals in interpreting the Tribal ordinances or any other Tribal resolution, ordinance or enactment.

1. Proceedings. In proceedings before the Tribal Commercial Court, the Tribal Commercial Court shall -
   1. First, adhere to the requirements of this section 10.03,
   2. Second, apply the provisions of this ordinance and the Tribal Uniform Commercial Code.
      
   3. Third, unless otherwise agreed by the parties under Section 5, apply the substantive statutory, regulatory and common law of the United States and the State of Michigan, but only to the extent that such substantive statutory, regulatory and common law does not conflict with the Tribal ordinances or any duly enacted ordinances, resolutions or other enactments of the Tribe or federal law.
2. Jurisdiction. Original jurisdiction in all civil proceedings where the matter in controversy exceeds the sum of $10,000, exclusive of interest and costs, is hereby referred to the Tribal Commercial Court. The Chief Judge of the Tribal Court may also refer jurisdiction over other civil actions to the Tribal Commercial Court on a discretionary basis, or where directed by ordinance of the Tribe.
3. Qualifications for Judges of the Tribal Commercial Court. A judge of the Tribal Commercial Court may be any person, Indian or non-Indian, whether a resident or nonresident of the Reservation, provided that such person:
   1. meets the requirements of the Constitution applicable to judges of the Tribal Court generally;
      and
      
   2. is duly licensed to practice law in the courts of any state at all times while presiding as a Judge of he the Tribal Commercial Court. Provided that, the Tribal Court, may assign any Tribal Court Judge currently meeting the qualifications set forth above, or may retain the services on a temporary basis, or any judge from any other Tribe meeting the above qualifications, until such time as permanent judges may be appointed by the Tribal Ogema and approved by the Tribal Council.

Arbitration Code
Ordinance # 01-300-02
Adopted - April 4, 2001
Amended - April 25, 2001
Updated: June 6, 2001(10:36am)

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In this Ordinance, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following meanings.

1.01. Bingo. "Bingo" shall mean Bingo as defined in IGRA and regulations promulgated thereunder.

1.02. Casino. "Casino" shall mean any Class II and/or Class III Gaming Facility owned by the Tribe.

1.03. Cheating. "Cheating" shall mean operating or playing in any game in a manner which violates of the written or commonly understood rules of the game, with the intent to create for the player or someone in privity with the player an advantage over and above the chance of the game.

1.05. Class III Gaming. "Class III Gaming" shall mean Class III Gaming as defined in IGRA and the Compact.

1.06. Compact. "Compact" shall mean either:

1. A gaming compact between the Tribe and the State of Michigan, entered into pursuant to Section 11(d)(3) of IGRA, and approved by the Secretary of the Interior including all renewals, amendments, appendices, exhibits and other attachments thereto, or
   
2. Procedures promulgated by the Secretary of the Interior pursuant to Section 11(d)(7)(B)(vii) of IGRA, governing the conduct of Class III gaming by the Tribe.

1.08. Enterprise. "Enterprise" shall mean any commercial enterprise of the Tribe authorized to engage in Gaming, and all ancillary commercial activities within the Gaming Facility(ies) and other improvements constructed for the conduct of Gaming.

1.09. Equipment. "Equipment" means all furnishings, fixtures, machinery, equipment, Gaming Devices and other personal property acquired for use in connection with a Gaming Enterprise.

1.10. Gaming. "Gaming" means Class II and Class III gaming authorized by this Ordinance and the Compact.

1.11. Gaming Devices "Gaming Devices" shall mean Electronic Games of Chance as defined in the Compact and as defined in IGRA.

1.12. Gaming Employee. "Gaming Employee" shall mean any person employed in the operation or management of a Gaming Enterprise, whether employed by or contracted to the Tribe, or by any person or entity providing on or off site services to the Tribe within or without any Gaming Facility, including without limitation, managers, assistant managers, accounting personnel, surveillance personnel, security personnel, cashiers, supervisors, shift bosses, machine mechanics, gaming consultants, management companies and their principals, and any other natural person whose employment duties require or authorize access to restricted areas of any Gaming Facility not otherwise open to the public.

1.13. Gaming Facility. "Gaming Facility" shall mean the building, buildings, or structure wherein Gaming is permitted, performed, conducted, or operated, and associated and adjacent real property owned by the Tribe.

1.14. Gaming Service. "Gaming Service" shall mean any goods, services or concessions provided by contract to the Tribe or to a Manager in connection with the operation of Gaming in an amount in excess of $25,000.00 in any calendar year, except for professional, legal or accounting services. No contract may be broken up into parts for the purpose of avoiding this definition or any requirement of licensure or certification required by this ordinance.

1.15. Immediate family. "Immediate family" means with respect to the person under consideration, a husband,
wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, or half sister or other persons residing in the same household.

1.16. Key employee. "Key Employee" shall mean:

1. A person who performs one or more of the following functions:
   1. Bingo caller;
      
   2. Counting room supervisor;
   3. Chief of security;
   4. Custodian of gaming supplies or cash;
   5. Floor manager;
   6. Pit boss;
   7. Dealer;
   8. Croupier;
   9. Approver of credit; or
   10. Custodian of gambling devices including persons with access to cash and accounting records within such devices.
2. Any other Gaming Employee as the Tribal Commission may include in the future by rule or regulation;
3. If not otherwise included, any other person whose total cash compensation is in excess of
   $50,000 per year; or
4. If not otherwise included, the four most highly compensated persons in the gaming operation.
   

1.17. IGRA. "IGRA" shall mean the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq, as amended from time to time.

1.18. License. "License" shall mean any official and revocable authorization granted for a limited period of time by the Tribal Gaming Commission pursuant to this Ordinance to an applicant to conduct or participate in any gaming activity on the Little River Band Reservation.

1.19. Management Contract. "Management Contract" shall mean a contract or agreement between the Tribe and a Manager for the management of a Gaming Operation, including any related subcontracts and collateral agreements.

1.20. Management Contractor. "Management Contractor" shall mean any person, firm, corporation or entity having a direct or indirect financial interest in a management contract.

1.21. Manager. "Manager" shall mean a person, firm, corporation or entity with whom the Tribe enters into a Management Contract.

1.23. Net Revenues. "Net Revenues" shall mean the gross revenues of a Gaming Operation less amounts paid for or paid out as prizes and less total operating expenses, determined in accordance with generally accepted accounting principles, but excluding management fees paid to a Manager in accordance with IGRA.

1. The person having management responsibility for a management contract;
2. Any person who has authority:
   1. To hire and fire Gaming Employees; or
      
   2. To set up working policy for any Enterprise; or
      
3. The chief financial officer or other person who has financial management responsibility.
   

1.25. Principal. Principal shall mean those persons having a direct or indirect financial interest in a management contract:

1. Any natural person having a financial interest in the contract in question;
2. with respect to a trust, any beneficiary or trustee;
3. with respect to a partnership, any partner;
   
4. with respect to a corporation, any person who
   1. is a director thereof, or
   2. holds at least 10% of the issued and outstanding stock alone or in combination with any other stockholder who is such person's spouse, parent, child or sibling;
5. with respect to any entity other than a natural person, firm, or corporation that has an interest in a trust, partnership or corporation that has an interest in a management contract, all parties of that entity.

1.26. Reservation. "Reservation" shall mean those lands acquired by or for the Tribe pursuant to 25 U.S.C. § 1300k-4(b) or such other lands upon which Gaming may lawfully be conducted pursuant to IGRA.

1.27. Secretary. "Secretary" shall mean the Secretary of the United States Department of the Interior or his/her designee.

1.29. Tribal Court. "Tribal Court" shall mean the Tribal Court and Tribal Court of Appeals of the Little River Band of Ottawa Indians and all other tribal judicial forums now or hereinafter established by the Tribe.

1.30. Tribal Gaming Commission. "Tribal Gaming Commission" or "Gaming Commission" shall mean the body created pursuant to this Gaming Ordinance to regulate Gaming in accordance with IGRA, any Class III gaming or Class II gaming regulations prescribed by the Secretary and this Gaming Ordinance.

2.01. Establishment. The Tribal Council hereby charters, creates and establishes a Gaming Commission as a governmental subdivision of the Tribe. The Commission shall be referred to throughout this Ordinance as the Gaming Commission. As a subdivision of the Tribal government, the Gaming Commission has been delegated the right to exercise one or more of the substantial governmental functions of the Tribe. In creating the Gaming Commission, it is the purpose and intent of the Tribal Council that the Gaming Commission ensure the integrity, honesty and fairness of all gaming activities conducted on the Tribe's Reservation and that such gaming activities be conducted in conformance with this ordinance, Rules and Regulations promulgated by the Gaming Commission, the Indian Gaming Regulatory Act, and any applicable Class III gaming compact or Class III gaming rules.

2.02. Duration. The Gaming Commission shall have perpetual existence and succession in its own name, unless dissolved by the Tribal Council pursuant to Tribal law.


Section 3. Sovereign Immunity of Gaming Commission; Tribe.

3.01. Sovereign Immunity of the Gaming Commission. The Gaming Commission is clothed by federal and as specifically limited by Sections 14 and 15 of this ordinance, including sovereign immunity from suit in any state, federal or tribal court. Nothing in this ordinance shall be deemed or construed to be a waiver of sovereign immunity of the Gaming Commission from suit, which shall only be waived pursuant to subsection 3.02. Except as provided by Section 14 and 15, nothing in this ordinance shall be deemed or construed to be a consent of the Gaming Commission to the jurisdiction of the United States or any state or of any other tribe with regard to the business or affairs of the Gaming Commission.

3.02. Waiver of Sovereign Immunity of the Gaming Commission. Expect as provided in Sections 14 and 15 of this Ordinance, the sovereign immunity of the Gaming Commission may be waived only by express resolution of the Gaming Commission after consultation with the Tribal Council and the Tribe's General Counsel. Expect as provided in Sections 14 and 15 of this Ordinance, all waivers or sovereign immunity must be preserved with the resolutions of the Gaming Commission and filed with the Tribal Council of continuing force and effect. Waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds, if any, of the Gaming Commission subject thereto, and shall specify the court having jurisdiction pursuant thereto and the applicable law. Neither the power to sue and be sued provided in subsection 6.01(m), nor any express waiver of sovereign immunity by resolution of the Gaming Commission shall be deemed a consent to levy of any judgment, lien or attachment upon property of the Gaming Commission other than property specifically pledged or assigned, or a consent to suit in respect to any land contained within the Reservation of the Tribe or a consent to the alienation, attachment or encumbrance of any such land.

3.03. Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as a federally-recognized Indian tribe with respect to the existence and activities of the Gaming Commission are hereby expressly reserved, including sovereign immunity from suit in any state, federal or tribal court. Except as provided in Sections 14 and 15 of this Ordinance, nothing in this ordinance, nor any action of the Gaming Commission, shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe; or to be a consent of the Tribe to the jurisdiction of the United States or of any state or any other tribe with regard to the business or affairs of the Gaming Commission or the Tribe; or to be a consent of the Tribe to any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe; or to be a consent to suit with respect to any lands in the Tribe's Reservation, or to be a consent to the alienation, attachment or encumbrance of any such land.

3.04. Credit of the Tribe. Nothing in this ordinance nor any activity of the Gaming Commission shall implicate or in any way involve the credit of the Tribe.

3.05. Assets of the Tribal Commission. The Gaming Commission shall have only those assets specifically assigned to it by the Tribal Council or acquired in its name by the Tribe or by it on its own behalf. No activity of the Gaming Commission nor any indebtedness incurred by it shall implicate or in any way involve assets of tribal members or the Tribe not assigned in writing to the Gaming Commission.

4.01. Number of Gaming Commissioners. The Gaming Commission shall be comprised of five (5) Gaming Commissioners.

4.02. Appointment of Gaming Commissioners. The members of the Gaming Commission shall be appointed by the Tribal Council as follows:

1. Initial Appointments. Upon the enactment and passage of this ordinance, the Tribal Council shall publicize, to the extent reasonable and practical, that it will be appointing a five (5) member Gaming Commission and is seeking applicants for appointment and nominations of individuals for appointment. The Tribal Council may schedule interviews of qualified applicants /nominees. As soon as the Tribal Council completes its review of the qualified Tribal members willing to serve on the Gaming Commission, the Tribal Council shall, at its next regularly scheduled meeting, appoint five (5) members to the Gaming Commission. Provided that in any event the appointments shall be made within sixty (60) days of the date of execution of the Management Agreement.
2. Terms of Office. The terms of office for the initial appointees shall be staggered, with two (2) members appointed for a term of one (1) year, two (2) members appointed for a term of two (2) years, and one member appointed for a term of three (3) years. All subsequent appointments to the Gaming Commission shall be for terms of four (4) years. Members may be reappointed for additional terms without limitation.
3. Future Appointments. At least four (4) weeks prior to any meeting during which appointments to the Gaming Commission will be made, the Tribal Ogema shall publicize that he/she will be making such nominations for appointments and shall seek applicants for appointment and nominations of individuals to be appointed.

4.03. Qualifications of Commissioners. Any enrolled member of the Tribe, at least twenty-one years of age or older who is not an elected member of the Tribal Council or the Tribal Ogema who is qualified to serve as a Commissioner under Subsections 4.04 and 4.05 of this Section may be appointed to serve on the Gaming Commission. Each newly appointed Commissioner must attend training on the Indian Gaming Regulatory Act, regulations promulgated by the National Indian Gaming Commission, federal revenue laws relating to gaming, this Gaming Ordinance and any Regulations adopted by the Gaming Commission.

4.04. Background Investigation. Before any applicant may be appointed to serve on the Gaming Commission, the Tribal Ogema shall perform or arrange to have performed a comprehensive background check on each prospective member. The results of the background checks shall be submitted to the Tribal Council when the Tribal Ogema submits his/her request for appointment. No person shall serve as a Commissioner if:

1. That person's prior activities, criminal records, if any, or reputation, habits or associations:
   1. Pose a threat to the public interest; or
      
   2. Threaten the effective regulation and control of gaming; or
      
   3. Enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming; or
2. That person has been convicted of or entered a plea of nolo contendere to a felony or any gaming offense in any jurisdiction or to a misdemeanor involving dishonesty or moral turpitude; or
3. That person has a present financial interest in the conduct of any Gaming Enterprise; or
4. That person is an employee of the Gaming Commission;
5. That person has a member of his immediate family, residing in the same household, who is employed as a primary management official or key employee by any Gaming Enterprise regulated by the Gaming Commission; or
6. Fails to disclose a conflict of interest, as defined in Section 4.05.
   

In the event a disqualifying event, as defined in paragraph (c), (d) or (e) of this section 4.04 occurs after the date of a person's appointment to the Gaming Commission has been confirmed by the Tribal Council, that Commissioner may continue to serve on the Commission for up to 120 days after the date the disqualifying event occurred so that the Tribal Ogema may begin the process of submitting a new candidate for appointment to the Gaming Commission. In the event any other disqualifying event, as defined in this Section, the Tribal Council may take immediate steps to remove that Commissioner.

4.06. Oath of Office. Immediately upon appointment, the Tribal Ogema shall administer the oath of office to the members of the Gaming Commission which oath of office shall include a commitment to uphold the Constitution and laws of the Little River Band of Ottawa Indians and to perform faithfully and diligently the duties and responsibilities of the Gaming Commission. Each person appointed to the Gaming Commission shall sign an oath of office, which designates the date of that person's appointment and the date upon which that appointment expires.

1. Removal. A Commissioner may be removed by a resolution in favor of removal supported by seven (7) members of the Tribal Council for the following reasons: serious inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or for any conduct which threatens the honesty and integrity of the Gaming Commission or otherwise violates the letter or intent of this ordinance. Except as provided below, no Commissioner may be removed without notice and an opportunity for a hearing before the Tribal Council, and then only after the Commissioner has been given written notice of the specific charges at least ten (10) days prior to such hearing. At any such hearing, the Commissioner shall have the opportunity to be heard in person or by counsel and to present witnesses and documentary evidence on his behalf. At the request of the Commissioner whose removal is at issue, the hearing may be held in closed session. The Tribal Council may also elect to receive certain evidence in closed session if public disclosure of such evidence might compromise any ongoing law enforcement investigation. If five (5) members of the Tribal Council determines that immediate removal of a Commissioner is necessary to protect the interests of the Tribe, the Tribal Council may immediately remove the Commissioner temporarily, and the question of permanent removal shall be determined thereafter pursuant to the hearing procedures described above. At the conclusion of the presentation of evidence and of any summary statements, the Tribal Council shall deliberate in closed session and shall issue its decision within seven (7) days. A written record of all removal proceedings together with the charges and findings thereon shall be kept by the Tribal Council Recorder. The decision of the Tribal Council to remove a Commissioner shall be final and no appeal to any other tribunal shall be available.
2. Vacancies. If any Commissioner shall die, resign, be removed or for any reason be unable to serve as a Commissioner, the Council shall declare the position vacant and shall appoint another person to fill the position. The terms of office of each person appointed to replace an initial Commissioner shall be for the balance of any unexpired term for such position, provided, however, that any prospective appointee must meet the qualifications established by this ordinance.

1. Regular Meetings. The Gaming Commission shall hold at least one regular monthly meeting which shall take place at a suitable time and place determined by the Gaming Commission.
2. Special meetings. Special meetings may be called at the request of the Chairman of the Gaming Commission or three (3) members of the Gaming Commission.
3. Compensation of Commissioners. Commissioners may receive a stipend or other compensation for their service on the Commission in accordance with the budget approved for the Gaming Commission.
4. Quorum. A quorum for all meetings or hearings shall consist of three (3) members.
   
5. Voting. All questions arising in connection with the action of the Gaming Commission shall be decided by an affirmative vote of at least three (3) of the five (5) Commissioners; Provided that action on licensing of all Gaming Employees may be decided by majority vote provided a quorum is present.

5.02. Organization. The Gaming Commission shall develop its own operating procedures and shall elect from within itself a Chairman to direct meetings, a Reporter to be responsible for keeping Gaming Commission minutes and transmitting to the Tribal Council a copy of those minutes, handling correspondence and reporting Gaming Commission decisions and such other officers as it deems advisable.

6.01. Powers of the Gaming Commission. In furtherance, but not in limitation, of the Gaming Commission's purposes and responsibilities, and subject to any restrictions contained in this Ordinance or other applicable law, the Gaming Commission shall have and is authorized to exercise by majority vote, the following powers:

1. To regulate all day-to-day gaming activity within the jurisdiction of the Tribe to ensure the integrity thereof.
2. To promote the full and proper enforcement of all tribal civil and criminal gaming laws.
   
3. To issue, deny, suspend or revoke any gaming License necessary to operate, manage, conduct business with or be employed at any gaming activities authorized by this Ordinance, or other tribal laws, and to establish a schedule of fees as may be necessary to defray expenses of License processing and background investigations.
4. To conduct or cause to be conducted, background investigations of persons or business entities applying for any gaming License.
5. To enact and enforce such rules and regulations consistent with this ordinance regarding its activities as the Gaming Commission may deem necessary and proper to effectuate the powers granted by this Ordinance and duties imposed by applicable law.
6. Subject to the approval of the Tribal Council of an appropriation of funds therefore, to employ such staff as reasonably may be required to fulfill the Commission's responsibilities under this Ordinance; provided, that all employees of the Gaming Commission shall be subject to background investigations, including criminal and financial background investigations.
7. To arrange for and direct such inspections and investigations as it deems necessary to ensure compliance with this Ordinance and implementing regulations. In undertaking such investigations, the Gaming Commission may request the assistance of tribal gaming staff, federal, state and tribal law enforcement officials, legal counsel and other third parties.
   
8. To administer oaths, conduct hearings, and by subpoena compel any licensee or License applicant, any person employed by a gaming facility, and any person doing business with a Gaming Enterprise to appear before it and to provide such information, documents or other materials as may be in their possession to assist in any investigation conducted by the Gaming Commission relating to the enforcement of tribal gaming laws and regulations.
9. To make, or cause to be made by its agents or employees, an examination or investigation of the place of business, equipment, facilities, tangible personal property, and the books, records, papers, vouchers, accounts, documents and financial statements of any Gaming Enterprise operating, or suspected to be operating, within the jurisdiction of the Tribe.
10. When necessary or appropriate, to request the assistance and utilize the services of the courts, law enforcement and government officials and agencies, and private parties, in exercising its powers and carrying out its responsibilities.
11. To close, after notice and a hearing, any game or games which are operating in violation of tribal or federal law.
12. To sue or be sued in courts of competent jurisdiction within the United States subject to the provisions of this ordinance and other tribal laws relating to sovereign immunity; provided, that no suit shall be brought by the Gaming Commission without the prior explicit written approval of the Tribal Council.
13. Where it is in the best interest of the Tribe, to develop a cooperative working relationship with federal, state and other Indian tribes, agencies and officials.
14. To investigate any aspect of any Gaming Enterprise in order to protect the public interest in the integrity of gaming and to prevent improper and unlawful conduct. The Gaming Commission shall investigate any report of a failure of any Gaming Enterprise to comply with this ordinance, any regulations adopted by the Gaming Commission, IGRA, or the Compact. The Gaming Commission may issue an order requiring any Gaming Enterprise to take any corrective or remedial action deemed necessary.
15. To arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Gaming Commission's authorized activities.
16. To establish and maintain such bank accounts as may be necessary or convenient.
    
17. To make application and accept grants and other awards from private and governmental sources in carrying out or furthering the purposes of the Gaming Commission.
18. To exercise all authority delegated to it or conferred upon it by law and to take all action which shall be reasonably necessary and proper for carrying into execution the foregoing powers and all of the powers vested in this ordinance as permitted by the purposes and powers herein stated, which are deemed to be in the best interests of the Tribe and in compliance with applicable law.
19. Pursuant to the Tribal law, to initiate a suspension or revocation proceeding of a liquor license issued to a gaming establishment.

1. The Gaming Commission shall require the Manager of each Gaming Facility licensed by the Tribe to prepare a plan for the protection of public safety and the physical security of patrons of Gaming Facilities, setting forth the respective responsibilities of the Gaming Commission, the security department of the Gaming Facility(ies), and any Tribal police agency(ies). Such plan, and any subsequent modifications thereof, shall be submitted to the Gaming Commission annually for its review and approval.
2. The Gaming Commission shall enforce all Tribal health and safety standards applicable to Gaming Facilities licensed by the Tribe.
   
3. The Gaming Commission shall establish a list of persons barred from Tribal gaming facilities because of their criminal history or association with career offenders or career offender organizations which pose a threat to the integrity of gaming.
4. The Gaming Commission shall publish and distribute copies of this Ordinance, Gaming Commission rules, and any Council, Gaming Commission or Tribal Court decisions regarding gaming matters.
5. The Gaming Commission shall maintain and keep current a record of new developments in the area of Indian gaming.
6. The Gaming Commission shall obtain and publish a summary of federal revenue laws relating to gaming and to ensure compliance with the same.
7. The Gaming Commission shall arrange for training of Gaming Commissioners, Gaming Commission employees and others in areas relating to the regulation of gaming.
8. The Gaming Commission shall consult with and make recommendations to the Council regarding changes in tribal gaming laws.

6.03. Annual Budget. The Gaming Commission shall prepare an annual operating budget for all Gaming Commission activities and present it to the Tribal Ogema and the Tribal Council in accordance with budget and appropriation procedures established by the Tribe's Constitution and by the Tribal Council.

6.04. Gaming Commission Regulations.

1. Gaming Commission regulations consistent with this Ordinance and necessary to carry out the orderly performance of its duties and powers shall include, but shall not be limited to the following:
   1. Internal operational procedures of the Gaming Commission and its staff;
      
   2. Interpretation and application of this Ordinance as may be necessary to carry out the Gaming Commission's duties and exercise its powers;
   3. A regulatory system for all gaming activity, including accounting, contracting, and surveillance, to ensure the integrity, honesty and fairness of all gaming activities;
   4. The conduct of inspections, investigations, hearings, enforcement actions and other powers of the Gaming Commission authorized by this Ordinance.
2. No regulation of the Gaming Commission shall be of any force or effect unless it is adopted by the Gaming Commission by written resolution and filed for record in the office of the Tribal Council Recorder.
3. The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all Gaming Commission regulations adopted pursuant to and consistent with this Ordinance.

6.05. Right of Entrance: Monthly Inspection. The Gaming Commission and duly authorized officers and employees of the Gaming Commission, during regular business hours, may enter upon any premises of any Gaming Enterprise for the purpose of making inspections and examining the accounts, books, papers, and documents, of any such Gaming Enterprise. The Manager of each Gaming Enterprise shall facilitate such inspection or examinations by giving every reasonable aid to the Gaming Commission and to any properly authorized officer or employee. A Commissioner or a member of the Gaming Commission's staff shall visit each tribally-owned or tribally-operated Gaming Enterprise during normal business hours for the purpose of monitoring its operation. Such visits may be unannounced.

6.06. Investigations. The Gaming Commission, upon complaint or upon its own initiative or whenever it may deem it necessary in the performance of its duties or the exercise of its powers, may investigate and examine the operation and premises of any Gaming Enterprise subject to the provisions of this Ordinance. In conducting such investigation, the Gaming Commission may proceed either with or without a hearing as it may deem best, but it shall make no order without first affording any affected party notice and an opportunity for a hearing pursuant to Gaming commission regulations.

6.07. Hearings; Examiner. Pursuant to regulations, the Gaming Commission may hold any hearing it deems to be reasonably required in the administration of its powers and duties under this ordinance.

The Gaming Commission may designate one of its members to act as examiner for the purpose of holding any such hearing or the Gaming Commission may appoint another person to act as examiner under subsection 6.08 below. The Gaming Commission hearing regulations shall, at a minimum, afford any affected party, and all people interested therein as determined by the Gaming Commission, the right to appear personally before the Gaming Commission, the right to be represented by counsel at the affected party's own expense, the right to face and question witnesses against the affected party, and the right to present oral or documentary evidence in support of the affected party's support.

6.08. Appointment of Examiner. The Gaming Commission may appoint any person qualified in the law or possessing knowledge or expertise in the subject matter of the hearing to act as examiner for the purpose of holding any hearing which the Gaming Commission, or any member thereof, has power or authority to hold. Examiners appointed under this section shall not have the power to make findings or issue orders.

7.01. Class II Gaming Authorized Class II Gaming as defined in the IGRA, 25 U.S.C. Section 2703 (A) and by regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be in effect is hereby authorized.

7.02. Class III Gaming Authorized. Class III Gaming as defined in IGRA, 25 U.S.C. Section 2703 (8) and by regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be in effect is hereby authorized, provided such Class III Gaming is also authorized by and consistent with the Compact, as defined in this Ordinance.

7.03. Class II and/or Class III License Required. Class II and Class III Gaming authorized by this Ordinance shall be conducted only by persons or entities which have obtained a valid Gaming Facility License issued by the Gaming Commission pursuant to this Ordinance, and rules and regulations adopted pursuant to and consistent therewith.

8.01. Sole Proprietary Interest Required. The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any Gaming Facilities or Enterprises authorized by this Ordinance.

8.02. Private/Individual Ownership Prohibited. No individual, partnership, corporation or entity of any kind shall own in whole or in part any Class II or Class III Gaming Facility authorized or regulated by this Ordinance.

8.03. Management Contracts Authorized. Nothing in this Ordinance shall preclude the Tribe from entering into Management Contracts as authorized under IGRA.

Section 9. Use of Gaming Revenue.

9.01. Permitted Uses. Net revenues from Class II and Class III Gaming shall be used only for the following purposes:

1. to fund Tribal government operations and programs;
   
2. to provide for the general welfare of the Tribe and its members;
   
3. to promote Tribal economic development;
   
4. to donate to charitable organizations;
   
5. to help fund operations of local governmental agencies.
   

10.01. Annual Audit. The Tribal Gaming Commission shall conduct or have conducted an independent audit of all Gaming Enterprises on an annual basis and shall submit the resulting audit reports to the Tribal Council and the National Indian Gaming Commission.

10.02. Audit to Include Gaming Service Contracts. All Gaming Service contracts shall be specifically included within the scope of the audit described in Section 10.01, provided, that the Tribal Gaming Commission or the Tribal Council may require that Gaming Service contracts for less than $25,000.00 annually be included in the scope of the audit if inclusion is deemed necessary to protect the public interest in the integrity of Indian gaming.

10.03. Record-keeping Requirements. At each Gaming Facility at which Class III gaming is conducted, accounting records shall be kept on a double entry system of accounting, maintaining detailed, supporting, subsidiary records. Gaming Facilities subject to this provision shall maintain the following records for not less than three (3) years:

1. Revenues, expenses, assets, liabilities and equity for the location at which Class III gaming is conducted;
2. Daily cash transactions for each Class III game at the location at which gaming is conducted, including but not limited to transactions relating to each gaming table bank, game drop box and gaming room bank;
3. All markers, IOUs, returned checks, hold checks or other similar credit instruments;
   
4. Individual and statistical game records (except card games) to reflect statistical drop and statistical win; for electronic, computer, or other technologically assisted games, analytic reports which show the total amount of cash wagered and the total amount of prizes won;
5. Contracts, correspondence and other transaction documents relating to all Gaming Service Contractors;
6. Records of all tribal gaming enforcement activities;
7. Audits prepared by or on behalf of the Tribe; and
8. Personnel information on all Class III Gaming Employees or agents, including rotation sheets, hours worked, employee profiles and background checks.

11.01. License Required. No person shall conduct Class II or Class III Gaming within the jurisdiction of the Tribe unless such Gaming is conducted at a Gaming Facility licensed by the Tribe. No license may be issued for any Gaming Facility which is owned or operated by any person other than the Tribe. If Gaming activity is proposed in more than one building at the site of any Gaming Enterprise, a separate Gaming Facility license shall be required for each building or location where Class II or Class III Gaming is conducted under this ordinance.

1. Tribally-Owned or Tribally Operated Class II. This License shall be required of all tribally owned or tribally operated Gaming Facilities operating one or more Class II Gaming activities.
2. Tribally-Owned or Tribally-Operated Class III. This License shall be required for all tribally owned or operated Gaming Facilities operating any gaming other than Class I or Class II gaming.

11.03. Gaming Facility Application Procedures. In order to obtain a Gaming Facility License, the Enterprise requesting such license shall submit an application on the form provided by the Tribal Gaming Commission.

1. A description of the Gaming activity proposed, including, but not limited to: the type of Gaming proposed, the maximum number and types of Gaming Equipment and Gaming Devices expected to be in the Facility at any one time, the number and types of Gaming Equipment and Gaming Devices expected to be in use when the Facility first opens, and the days and hours of operation proposed.
2. A description of the Gaming Facility proposed, including the layout of the Gaming Equipment and Gaming Devices and the surveillance systems the Gaming Facility.
3. The location proposed for such Gaming Facility.
   
4. A description of the security, police, fire protection and other public safety services to be available to the proposed Gaming Facility and patrons of such Facility.
5. A description of the accounting procedures proposed for such Gaming Facility.
   
6. The name, address, title, and a description of the duties and responsibilities of each primary management official and key employee proposed for the Gaming Facility.
7. The number and categories of all other Gaming Employees it is anticipated will be employed at the Gaming Facility.

11.04. Threshold Criteria which a Gaming Facility Applicant Must Meet. In addition to the information required in the Gaming Facility License application, any applicant for a tribally-owned or tribally operated Class II or Class III Gaming Facility License must provide documentation that the Gaming Enterprise and proposed Gaming Facility will meet the following threshold criteria:

1. The proposed Gaming Facility is to be located on Reservation lands acquired for or by the Tribe under 25 U.S.C. Section 1300K-4(b) or on other lands upon which Gaming may lawfully be conducted pursuant to IGRA.
2. The proposed Gaming activity is to be played as Class II Gaming as defined by this Ordinance and IGRA.
3. The Gaming Enterprise and proposed Gaming Facility is authorized by a Tribal Council resolution.
4. The Tribe or one of its subdivisions will have the sole proprietary interest and the Tribe will have the exclusive responsibility for the conduct of the proposed Gaming Enterprise.
5. The Tribal Council resolution authorizing the Gaming Enterprise and proposed Gaming Facility provides that:
   1. The revenues of the Gaming Enterprise shall be audited annually and copies of those audits will be provided to the Tribal Gaming Commission, Tribal Council and the National Indian Gaming Commission.
   2. The Gaming Enterprise shall comply with all IRS reporting and filing requirements.
      
   3. All of the proceeds of the Gaming Enterprise shall be used for the purposes stated in Section 9.
   4. All Gaming Service Contracts shall be subject to the annual audit described in paragraph (1) of this subsection.
   5. The construction or maintenance of the Gaming Facility and the operation of the proposed Gaming Facility shall be conducted in a manner adequately protects the environment and the health and safety.
   6. All primary management officials and key employees shall pass the background checks and obtain the appropriate License required by this Ordinance.
   7. Any Management Contract between the Tribe and a Management Contractor has been approved by the Tribal Council and the National Indian Gaming Commission.
   8. All Principals having a direct or indirect financial interest in any Management Contract have passed the background checks required by this Ordinance and the National Indian Gaming Commission.
   9. The proposed Gaming Facility shall pay to the National Indian Gaming Commission such fees as federal law may require.
   10. In the event that Class III Gaming is proposed, such Gaming meets all other criteria established by the Compact.

1. Upon receipt of a complete application for a Gaming Facility License for any tribally owned or operated Class II or Class III Gaming Facility, the Tribal Gaming Commission shall:
   1. Review the proposed Gaming Enterprise to ensure that all threshold criteria required by this Ordinance shall be met.
   2. Ensure that the necessary background checks have been performed on all management contractors, primary management officials and key employees required by this Ordinance and that all such entities or persons possess a valid and current provisional or regular License for each such entity's or person's position.
   3. Review and approve the accounting procedures to be used in such Gaming.
      
   4. Review and approve the layout of the games and surveillance systems for the Gaming Facility.
   5. Review and approve the plan for the protection of public safety and the physical security of patrons of the Gaming Facility.
   6. Review all aspects of the proposed Gaming Enterprise to ensure that it will be in compliance with the provisions of the Compact.
   7. Take any additional steps necessary to ensure the integrity of such Gaming.
      
2. The Tribal Gaming Commission shall approve the Gaming Facility application within 30 days following the receipt of a complete application unless the Tribal Gaming Commission believes, based upon reasonable grounds, that the Gaming will be operated at the proposed Gaming Facility in violation of tribal, federal or other applicable law or the terms and conditions of the Compact.
3. If the Tribal Gaming Commission denies an application for a Gaming Facility License, the Gaming Commission shall promptly notify the applicant of the specific reasons for such denial and a description of any corrective actions which the Tribal Gaming Commission determines will cure the deficiencies which resulted in denial of the application.

11.06. License Application Fees. An application fee, not to exceed $100,000.00, shall be required for each tribally-operated Class II or Class III Gaming Facility. Said fee shall be set by the Tribal Gaming Commission and shall be based upon the Tribal Gaming Commission's estimate of the anticipated actual cost of regulating the Gaming Facility, excluding the costs associated with licensing Primary Management Officials, Key Employees and other Gaming Employees. The license fee shall be paid in advance in quarterly installments. The Gaming Facility License shall not become valid until the first quarter's license fee is received by the Tribal Gaming Commission. The Gaming Facility's License shall lapse and the Tribal Gaming Commission shall take appropriate enforcement action if quarterly payments are not timely made.

11.07. Terms of License. A tribally-owned or tribally-operated Class II and Class III Gaming Facility License shall be valid for a period of thirteen (13) months from the date of issuance.

11.08. Posting of Licenses. The Gaming Facility License must be posted in a conspicuous location at all times on the premises of each Gaming Facility. If the Gaming Enterprise conducts Gaming at more than one location, the Gaming Enterprise must obtain and post a separate License for each Gaming Facility.

1. Each tribal Gaming Facility License must be renewed every thirteen (13) months from the date of issuance. A renewal fee shall be required for each Class II or Class III Gaming Facility License in accordance with the Section 11.06.
2. In order to obtain a renewal of a license, the Enterprise shall submit a written renewal application to the Tribal Gaming Commission on the form provided by the Tribal Gaming Commission. No renewal application shall be approved until the annual report, required by subsection 11.10, has been properly filed.
3. All renewal applications submitted shall be approved in 30 days or less unless the Commission believes, based on reasonable grounds, that the Enterprise has been or will be operated in violation of tribal, federal or other applicable law or the terms and conditions of the Compact.
4. If the Tribal Gaming Commission denies a renewal application for a Gaming Facility License, the Gaming Commission shall, within 7 calendar days, notify the applicant of the specific reasons for such denial and a description of any corrective actions which the Tribal Gaming Commission determines will cure the deficiencies which resulted in denial of the application.

11.10. Annual Reports. Each Enterprise which possesses a Class II or Class III Gaming Facility License must file an annual report with the Tribal Gaming Commission and the Tribal Council between the 15th and the last day of the 12th month of each such License. The report shall be submitted to the Tribal Gaming Commission and shall include, at a minimum, the following information:

1. The name, address and telephone number of the Enterprise and Gaming Facility;
   
2. The names, addresses and titles of all of the current managers of the Enterprise and the Gaming
   Facility;
   
3. A description of the operations of the Gaming Facility, including, but not limited to: the number and type of games and Gaming Devices operated, the number of days and hours of operation, and the total gross sales;
4. A written copy of any changes anticipated or proposed in the operations of the Gaming Facility, including any changes in its rules, public safety/security plan, layout of the games or surveillance systems;
5. The name, address, title, and a description of the duties and responsibilities of each primary management official and key employee for the Gaming Facility;
6. The name and addresses of the person who will be designated as primary management official over the next license period;
7. A statement of any changes in the duties or designation of the primary management officials or key employees who will operate the gaming activity over the next license period;
8. The names and addresses of any employees who the Tribal Commission may determine to be key employees during review of the application;
9. written proof that the Enterprise and the Management Contractor, if any, has paid to the National Indian Gaming Commission such fees as federal and tribal law may require it to pay and will continue to do so;
10. A sworn statement that the Enterprise has complied with the Internal Revenue Codes and Regulations, including written notice of customer winnings, and a statement that the Enterprise shall continue to obey all tribal and federal laws and shall hold the Tribal Gaming Commission and the Tribe harmless for failure to do so;
11. A verified copy of the last annual audited financial report following the end of the Enterprise's
    last fiscal year;
    
12. The number of full-time equivalent people, on an annualized basis, employed at the Gaming Facility during the past 12 months, together with a projection of the number of full-time equivalent people who are expected to be employed during the next license period;
13. The total gross revenue of the Enterprise attributable directly or indirectly to tribally- licensed gaming activity over the proceeding 12 months;
14. A sworn statement that the operator and all of its key employees and management contractors continue to consent to Tribal Court jurisdiction and service of process in all matters arising from the conduct of tribally-licensed gaming activity;

11.11. Non-Interference with Management of Gaming Facility. The Tribal Gaming Commission is required to receive the information contained in the annual report provided under subsection 11.10 solely to ensure that the Gaming Facility is free from corruption and to aid in carrying out its regulatory responsibilities. The Tribal Gaming Commission shall have no responsibility for, and shall not interfere with or regulate, any business or management activities or decisions of the Gaming Enterprise.

12.01. Licensing. The Tribe and the Gaming Commission, consistent with IGRA, and the Compact, shall ensure that the policies and procedures set out in this section are implemented with respect to the following individuals and entities, who shall be required to fill out an application form for a license:

1. each Management Contractor and each Principal thereof;
   
2. each Primary Management Official;
   
3. each Key Employee;
   
4. each Gaming Service Contractor; and
   
5. Each Gaming Employee (other than a Management Contractor and Principals thereof, Primary Management Officials or Key Employees.

12.02. Licensure of Management Contractors and Principals Thereof. No person or other legal entity shall be employed as a Management Contractor, unless such person or entity has a current Management Contractor's license issued by the Tribal Gaming Commission. In order to receive such a license, each Principal, as defined in Section 1.25, must submit an application containing the information required in subsection 13.01 and must have passed the background investigation required by this ordinance.

12.04. Licensure of Key Employees. No person shall be employed as a Key Employee at any Gaming Facility, unless such person has a current Key Employee's license issued by the Tribal Gaming Commission.

12.05.Licensure of Gaming Service Contractors. No person, firm or corporation shall purchase any Gaming Service, or enter into a contract for the purchase or lease of any Gaming Service, unless the provider of such Gaming Service has a current Gaming Service Contractors' license issued by the Tribal Gaming Commission.

12.06. Licensure of Gaming Employees. No person shall be employed as a Gaming Employee, as defined in this Ordinance, (other than a Management Contractor and Principals thereof, Primary Management Officials or Key Employees) unless such person has a current Gaming Employee's license issued by the Tribal Gaming Commission.

12.07. Non-Gaming Employees. All persons who are not Gaming Employees but work at any Gaming Facility, must obtain a non-gaming work permit from the Tribal Gaming Commission before commencing employment. Such work permits may be issued upon a determination by the Tribal Gaming Commission that the employee is not a threat to the effective regulation of Gaming and creates no risk or enhances no danger of unfair or illegal practices, methods or activities in the conduct of Gaming. All applicants for work permits shall provide such information as the Tribal Gaming Commission shall require.

13.01. Application for License. The Tribal Gaming Commission shall require from each potential Management Contractor and each Principal thereof, from each person seeking employment as a Primary Management official, or Key Employee, and may require all others listed in sub-section 12.01, to submit an application to the Tribal Gaming Commission on the form and in the manner required by the Tribal Gaming Commission. The application shall include all of the following information:

1. Full name other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, and all languages (spoken or written);
2. Currently and for the previous 5 years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and drivers license numbers;
3. The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under paragraph (b) of this subsection;
4. Current business and residence telephone numbers;
   
5. A description of any existing and previous gaming or other business relationships with any Indian tribe;
6. A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;
7. The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, the current status of the application, and whether or not such license or permit was granted;
8. A list of all felony charges and dispositions against the applicant, if any, and for each felony for which there is ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any;
9. A list of all misdemeanor charges and dispositions against the applicant, if any, (excluding traffic violations for which incarceration was not a possible punishment), and for each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years of the date of the application, the name and address of the court involved and the date and disposition;
10. For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, if such criminal charge was within 10 years of the date of the application and is not otherwise listed pursuant to paragraph (h) or (i) of this section, the criminal charge, the name and address of the court involved, and the date and disposition;
11. The name and address of any licensing or regulatory agency with which the person has filed an application for a business or occupational license or permit, whether or not such license or permit was granted;
12. two (2) current photographs;
    
13. For all applications for licenses for Management Contractors and each Principal thereof, or Primary Management Officials, a complete financial statement and/or income tax records showing all sources of income for the previous three (3) years, and assets, liabilities, and net worth as of the date of the application;
    
14. A list of all professional or business licenses the applicant has applied for, whether or not those licenses where granted and the name, address and phone number of the regulatory agency involved.
15. A sworn statement that neither the applicant nor any member of his immediate family has a past or current financial interest, other than a salary interest, in any gaming-related enterprise anywhere. If the applicant has any relative who has such a relationship, the applicant shall fully disclose his name and the nature of the relationship.
16. Written permission giving the Tribal Gaming Commission or its designee the right to investigate the applicant's background, including his criminal records, civil and criminal judgments and credit history.
17. Each application shall be accompanied by a sworn statement that the applicant will submit to the jurisdiction of the Tribe and the Tribal Court, if employed.
18. Any other information the Tribe deems relevant;
    
19. For all applications for licenses for Management Contractors and each Principal thereof, Primary Management Officials or Key Employees, fingerprints obtained in duplicate on fingerprint impression cards taken by the Manistee City Police Department or the Tribal Gaming Commission consistent with procedures adopted by the Tribe according to 25 C.F.R. §522.2 (h);
20. any other information required Tribal Gaming Commission rule or regulation.

13.02. Application Forms - Notices.

1. Privacy Act Notice. The following notice shall be placed on the application form for a management contractor, key employee or a primary management official before that form is filled out by an applicant:
   

   "In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The information will be used by National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate Federal, Tribal, State, local, or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to hire you in a primary management official or key employee position.

   "The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing your application."
   

2. False Statements Notice. The following notice shall be placed on the application form for a key employee or a primary official before that form is filled out by an applicant:
   

   "A false statement on any part of your application may be grounds for not hiring you, or for firing you after you begin work. Also, you may be punished by fine or imprisonment."

13.04. Background Investigation. The Tribal Gaming Commission shall conduct, or cause to be conducted, an investigation sufficient to make a determination under subsection 13.05 below. In conducting a background investigation, the Tribe, the Tribal Gaming Commission or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation. The background investigation shall consist of at least the following:

1. The Tribal Gaming Commission or its designee shall also contact each reference provided in the application and take other appropriate steps to verify the accuracy of the other information presented and prepare a report of their findings for the Commission.
2. The criminal background of each applicant for a license shall be investigated submitting vital information concerning the applicant to the Michigan State Police and/or local law enforcement and, for Management Contractors, Primary Management Officials and Key Employees, submitting impressions of the applicant's fingerprints, taken under paragraph (s) of subsection 13.01, to the Federal Bureau of Investigation Criminal Information Center, and any other law enforcement agency(ies) that the Tribal Gaming Commission deems appropriate, requesting a criminal history report. The vital information provided to such law enforcement agencies shall include, at a minimum: the applicant's full name, any other names used by the applicant, date and place of birth, citizenship, drivers license numbers, social security number, and a physical description.
3. With respect to applicants for a Management Contractors or Primary Management Officials license, the Gaming Commission shall also investigate and verify the accuracy of financial information provided by the applicant by contacting banks, other financial institutions or other sources as deemed necessary. The Tribal Gaming Commission shall also obtain a credit bureau report on the applicant.
4. The Tribal Gaming Commission shall attempt to complete the background investigation described in this subsection within 30 days following receipt of a complete application.
5. The Gaming Commission may contract with a private, municipal, state, and/or federal investigation agencies to perform the required background and/or criminal history investigations.

13.05. Eligibility Determination. The Tribal Gaming Commission shall review a person's or entity's prior activities, criminal records, if any, reputation, habits, and associations to make a finding concerning the eligibility of a key employee or primary management official or other individual or entity listed above for employment in or association with a Gaming Enterprise. If the Tribal Gaming Commission determines that employment of or contract with the person or entity poses a threat to the public interest or to the effective regulation of Gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of Gaming, the Tribal Gaming Enterprise shall not employ or contract with that person or entity in a key employee or primary management official position, or as an employee, nor as a management contractor nor supplier of gaming goods or services.

13.06. Standards for Issuance of Key Employee or Primary Management Officials' License. The Tribal Gaming Commission shall not grant a license to any applicant for employment as a Key Employee or Primary Management Official who:

1. Is a member of the Tribal Council or the Tribal Ogema;
2. Is under the age of 18; or
3. Has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, fraud or misrepresentation, within the immediately preceding 10 years; or
4. Has been convicted of or entered a plea of guilty or no contest to any offense not specified in subparagraph (c) within the immediately preceding five years; this provision shall not apply if that person has been pardoned by the Governor of the State where the conviction occurred or, if a tribal member, has been determined by the Tribal Gaming Commission to be a person who is not likely again to engage in any offensive or criminal course of conduct and the public good does not require that the applicant be denied a license as a key employee or primary management official; or
5. Is determined by the Tribe to have participated in organized crime or unlawful gambling or whose prior activities, criminal records, reputation, habits, and/or associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct of gaming or to the carrying on of the business and financial arrangements incidental to the conduct of gaming; or
6. Has knowingly and willfully provided materially false and misleading statements or information to the Tribal Gaming Commission or refused to respond to questions asked by the Tribal Gaming Commission.
7. The terms "fraud or misrepresentation" as used in paragraph (c) shall mean a criminal offense committed in Michigan or any other jurisdiction, involving theft, fraud or misrepresentation, which is a felony or would be a felony if committed in Michigan, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from the employee's criminal record by executive pardon, state court order, or operation of law.
8. The term "any offense" as used in paragraph (d) shall mean any criminal offense not described in paragraph (c), whether committed in Michigan or any other jurisdiction, that is, or would be, a crime under the provisions of the Michigan Penal Code, Act 328 of the Public Acts of 1931, as amended, or the controlled substances provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended or any other criminal offense not included within the scope of paragraph (c).

13.07. Action on Applications for Nongaming Employee Work Permits, Gaming Employee License, and Gaming Service Contractor License.

1. Within 15 days following the completion of the background investigation, the Tribal Gaming Commission shall review the application, the results of background investigation to determine if the applicant qualifies for the license or work permit applied for.
   
2. If the Tribal Gaming Commission determines that an applicant for a Gaming Service Contractors license, Gaming Employee license or Non-gaming employee work permit qualifies, pursuant to subsection 13.05, for the issuance of the license or work permit applied for, the Tribal Gaming Commission may approve the application and issue the license or work permit, as the case may be.
3. If the Tribal Gaming Commission denies any application for a Gaming Service Contractor license, Gaming Employee license or Nongaming Employee work permit, the Gaming Commission shall, within 7 calendar days, notify the applicant that the application was denied and specify the reasons for the denial, including information concerning any criminal conviction(s), which prompted the denial. The notice to each applicant shall also inform the applicant of the applicant's right to request a hearing and appeals provided in Section 14.
4. If a license is not issued to an applicant, the Tribal Gaming Commission:
   1. Shall notify the National Indian Gaming Commission; and
      
   2. May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.

13.08. Action on Applications for Management Contractor, Primary Management Official and Key Employee
License.

1. Within 15 days following the completion of the background investigation(s) described in subsection 13.04, the Tribal Gaming Commission shall review the application, the results of background investigation, the criminal history reports, and financial report, if required, to determine if the applicant qualifies for the license applied for.
   
2. If the Tribal Gaming Commission determines that an applicant qualifies, pursuant to sub-sections 13.05 and 13.06, for the issuance of such license or work permit applied for, the Tribal Gaming Commission may approve the application on an preliminary basis and may, in its further discretion, issue a provisional license to the applicant. A provisional license shall be valid for not more than one year.
3. Within 7 calendar days after granting preliminary approval of a license application, the Tribal Gaming Commission shall prepare and forward to the National Indian Gaming Commission an investigative report on each background investigation. An investigative report shall include all of the following:
   1. Steps taken in conducting a background investigation;
   2. Results obtained;
   3. Conclusions reached; and
      
   4. The basis for those conclusions.
      
   
   The Tribal Gaming Commission shall submit, with the investigative report, a copy of the Gaming Commission's eligibility determination and notify the National Indian Gaming Commission of the Tribal Gaming Commission's intention to issue the applicant a license and request that the agency review the application and investigative report pursuant to IGRA.
   
   
4. The Tribal Gaming Commission may grant final approval of a license application submitted under this subsection only after the following 1 of the following has occurred:
   1. The Tribal Gaming Commission has received notice from the National Indian Gaming Commission that it has no objection to the issuance of the license; or
   2. Thirty (30) days have elapsed since the National Indian Gaming Commission was notified of the Tribal Gaming Commission's intent to issue the license and the National Indian Gaming Commission has not responded; or
   3. The National Indian Gaming Commission timely objected to the issuance of the license, the Tribal Gaming Commission has reconsidered the application in light of the objections received and has determined that the applicant maybe licensed notwithstanding those objections.
5. The Tribal Gaming Commission shall promptly notify the applicant that the application is approved and shall issue the license. If a provisional license was previously issued, the effective date of the license shall be the date the provisional license was issued.
6. The gaming operation shall not employ as a key employee or primary management official a person who has not received either a provisional or regular license within ninety (90) days of being employed by the gaming facility.
7. If the Tribal Gaming Commission denies any application for a license under this subsection, the Gaming Commission shall, within 7 calendar days, notify the applicant that the application was denied and specify the reasons, including information concerning any criminal conviction(s), which prompted the denial. The notice to each applicant shall also inform the applicant of the applicant's right to request a hearing and appeals provided in Section 14. The applicant may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section and the Tribal Court shall hear the appeal within 14 calendar days of its receipt of the appeal.
8. If a license is not issued to an applicant, the Tribal Gaming Commission:
   1. Shall notify the National Indian Gaming Commission; and
      
   2. May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System.
      
9. With respect to key employees and primary management the Tribal Gaming Commission shall retain employment and reports (if any) of background investigations for inspection by the Chairman of the National Indian Gaming Commission or his or her designee for no less than three (3) years from the date of termination of employment.

13 .09. Licensing Period. Any employee gaming license issued pursuant to this section shall be effective for a period of one year from the date of issuance and shall contain the licensee's photograph and shall state on its face the name of the employee, the Gaming Facility at which the employee is licensed to work, the type of license, the date that the license became effective and the date that it expires.

13.10. Renewals. A holder of an employee gaming license shall petition to have his license renewed, by applying to the Tribal Commission for a renewal before his original license has expired and updating all information contained in the original application. Provisional licenses may be granted if a license expires before the Commission acts upon the license renewal request and such provisional license shall be valid and ,effective until the license is renewed or the license renewal request is denied by the Gaming Commission.

14.01. Hearing upon Denial of License. Any applicant who is affected by an adverse action by the Tribal Gaming Commission in connection with denial of a license applied for under this ordinance may request a hearing before the Tribal Gaming Commission by written request submitted within 30 days following notice of the action by the Tribal Gaming Commission. Within 14 days following receipt of a notice requesting a hearing, the Tribal Gaming Commission shall afford such person or entity an opportunity to appear and be heard before the Tribal Gaming Commission, in person or with a representative or legal counsel, and to submit such evidence as such person or entity deems relevant in the matter. The Tribal Gaming Commission may receive evidence from the applicant or licensee, the Tribe, Tribal Gaming Commission or any person or entity that the Tribal Gaming Commission deems relevant to the matter. The Tribal Gaming Commission shall either affirm or reconsider its decision to deny the license within 7 days following hearing. The applicant may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section and the Tribal Court shall hear the appeal within 14 calendar days of its receipt of the appeal.

1. Subject to subsection 14.06 below, any gaming license may be temporarily and immediately suspended by the Tribal Gaming Commission or the Tribal Court for not more than 30 days if the Tribal Gaming Commission receives reliable information that any of the following have occurred:
   1. The employee/entity has been charged with a violation of any gaming law.
      
   2. The employee/entity's continued employment as a primary management official or key employee of a game or gaming enterprise poses a threat to the general public.
      
   3. The employee/entity has knowingly and intentionally made a material false and misleading statement in his license application.
   4. The employee/entity has participated in gaming activity regulated by this Ordinance and unauthorized by his tribal gaming license.
   5. The employee/entity has refused to comply with any lawful order of the Tribal Gaming Commission, the Tribal Court or the National Indian Gaming Commission.
2. In the event the Tribal Gaming Commission determines that any employee/entity meets any of the criteria stated in subsections 14.02(a)(1) through 14.02(a)(5) above or that his non-compliance with this Ordinance is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, subject to review by the Tribal Court, the Tribal Gaming Commission or its designee shall issue a notice of temporary suspension of such person's gaming license which shall be served upon the employee/entity or an agent of the employee/entity and upon the Manager. The order shall state the grounds upon which it is issued and the employee/entity's right to a hearing. The employee/entity shall cease and desist operating in his management position or in his capacity as a key employee immediately upon receipt of the order, but s/he may file a notice of appeal with the Tribal Gaming Commission which shall hold a hearing on the order within 14 calendar days of its receipt of the appeal. At the hearing the employee/entity shall have the right to be represented by counsel at the employee/entity s expense and an opportunity to present testimony and cross-examine opposing witnesses, and to present any other documentary and oral evidence as to why a temporary suspension order or an injunction should not be issued. The hearing shall be governed in all respects in accordance with tribal law and Tribal Gaming Commission regulations. The employee/entity may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section, including the notice of temporary suspension, and the Tribal Court shall hear such appeal within 14 calendar days of its receipt of the appeal.

1. Subject to subsection 14.06 below, any gaming license may be revoked by the Tribal Gaming Commission or the Tribal Court if, following the hearing described in paragraph (b) of this subsection, the Tribal Gaming Commission finds that any of the following have occurred:
   1. The employee/entity has violated any gaming law.
      
   2. The employee/entity s continued employment as a primary management official or key employee of a game or gaming enterprise poses a threat to the general public.
   3. The employee/entity intentionally made a material false and misleading statement in his license application.
   4. The employee/entity participated in gaming activity regulated by this Ordinance and unauthorized by his tribal gaming license.
   5. The employee/entity willfully refused to comply with any lawful order of the Tribal Gaming Commission, the Tribal Court or the National Indian Gaming Commission.
2. Subject to subsection 14.06 below, in the event the Tribal Gaming Commission receives reliable information indicating that any licensed individual, corporation or other entity has committed any of the violations stated in subsections 14.03 (a)(1) through 14.03 (a)(5) above or that his noncompliance with this ordinance is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, the Tribal Gaming Commission shall issue a notice of intent to revoke such person's gaming license which shall be served upon the employee/entity or an agent of the employee/entity and upon the Manager. The order shall state the grounds upon which it is issued and the employee/ entity's right to a hearing before the Tribal Gaming Commission within 14 calendar days and right to offer sworn oral or documentary evidence relevant to the violation charged. Subject to review by the Tribal Court, a license may be suspended during such pre-hearing period by the vote of a majority of the members of the Tribal Gaming Commission then in office where such extraordinary action is essential to protect the public safety or the integrity of Gaming; a license shall be suspended during such period as required under IGRA if the revocation hearing arises as a result of notice from the National Indian Gaming Commission. The employee/entity may file an immediate appeal with the Tribal Court of the Gaming Commission's decision under this section, including the decision to issue a temporary suspension issue and the Tribal Court shall hear the appeal within 14 calendar of its receipt of the appeal.

14.04. Appeal to the Tribal Court. Subject to the burden of proof set forth in this Ordinance, a finding or licensing decision of the Tribal Gaming Commission, including but not limited to a decision to deny, suspend, revoke, modify or condition any license pursuant to this Ordinance, may be appealed to the Tribal Court by the aggrieved person or entity. In all appeals before the Tribal Court, there shall be deference given by the Tribal Court to the determination of the Tribal Gaming Commission as the agency charged with responsibility for interpreting its own regulations. Findings of fact and conclusions of law made by the Tribal Gaming Commission may be reviewed de novo by the Tribal Court. The decision of the Tribal Court shall be final.

14.05. Action Following Revocation Hearing /Appeals. After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to reinstate a gaming license. If the decision is to revoke the license and, after appeal, that decision is upheld, the Tribal Gaming Commission shall notify the National Indian Gaming Commission, and where applicable, the State Gaming Agency, of its decision.

14.06. Notice of Concern - Manager and Primary Management Officials. Notwithstanding the foregoing, in the event that the Tribal Gaming Commission obtains reliable information that the duly licensed Manager and/or a Primary Management Official may have breached any provision of this ordinance, the Compact, IGRA or its license, the Tribal Gaming Commission shall issue a Notice of Concern to the licensee prior to any action of suspension or the giving of notice of a revocation hearing with respect to its/their license(s). The Notice of Concern shall describe the alleged breach, shall describe the steps necessary to effect a cure and shall provide the licensee with an opportunity to meet with the Tribal Gaming Commission to discuss the matter. The discontinuance or correction of the alleged breach shall constitute a cure thereof, except where such alleged breach constitutes a criminal violation by the Manager or the Primary Management Official. If the alleged breach is not corrected or discontinued as required herein, then the Tribal Gaming Commission shall institute the notice and hearing procedure set forth above.

14.07. Resolution of Disputes Between the Gaming Public and the Tribe or Managers. Disputes between the gaming public and the Tribe or the Manager of any Gaming Enterprise shall be resolved as follows:

1. The complaining member of the gaming public shall have the opportunity to present his/her complaint or grievance, verbally or in writing, to the General Manager of the Gaming Facility or a person designated by the General Manager to resolve grievances with members of the gaming public.
2. If the complaint or grievance is not resolved under paragraph (a) to the satisfaction of the complaining member of the gaming public, he/she may file a written grievance with the Tribal Gaming Commission. The Tribal Gaming Commission shall provide such member of the gaming public with a complaint /grievance form which requests the following information: name, address and telephone number of the complainant/grievant, a description of the circumstances or incident giving rise to the complaint /grievance, the name of the Gaming Facility wherein the incident complained of occurred, the name of the employee(s) involved, the name of the management official to whom the incident was reported pursuant to paragraph (a), and the relief or action requested.
3. The Tribal Gaming Commission shall review the written grievance within 7 days of receipt. If the Tribal Gaming Commission deems it necessary, it may hold a fact-finding hearing to investigate the complaint/grievance and any employee(s) involved in the incident. If the complaint /grievance involves an alleged violation of any law, this Ordinance or regulation of the Tribal Gaming Commission, the Gaming Commission shall take final action on the complaint /grievance within 30 days of receipt of the complaint/grievance and may issue an order which includes any action authorized under this ordinance.

1. in any appeal of any licensing decision of the Commission or finding of the Commission pursuant to Sections 14 and 15 of this Ordinance, to the Tribal Court.
2. in any suit against the Tribe, or any agency or instrumentality of the Tribe, or any official of the Tribe, in which the Commission may be deemed an interested party.

Section 14.09. Limited Waiver of Sovereign Immunity by the Tribe. The Tribe, acting through the Tribal Council by enactment of this Ordinance, hereby expressly waives its sovereign immunity from suit in any appeal of any licensing decision of the Commission or finding of the Commission pursuant to Sections 14 and 15 of this Ordinance in which the Tribe may be deemed an indispensable party, to the Tribal Court.

15.01. Penalties Authorized. Any individual who violates any provision of this ordinance, including provisions of the Compact or other Class III gaming regulations incorporated herein, shall be subject to civil penalties including exclusion from employment in any Gaming Operation, denial or revocation of any license, exclusion from attendance at any Gaming Facility, exclusion from the Tribe's Reservation if a nonmember of the Tribe, or with respect to any person subject to the jurisdiction of the Tribe, a fine of not more than $5,000.00 for each such violation. Each calendar day that a violation occurs shall be deemed a separate violation. The Tribal Gaming Commission shall have the jurisdiction to impose such penalties on any person or entity within the jurisdiction of the Tribe to impose such penalties.

15.02. Right to Appeal Penalty. No action by the Tribal Gaming Commission to impose a penalty pursuant to this Section shall be valid unless the person or entity affected is given the opportunity to appeal and be heard before the Tribal Gaming Commission and the Tribal Court subject to the procedures set forth in subsection 14.01 and 14.04, concerning appeals or in subsection 14.06 concerning a Notice of Concern, either in person or through a representative or legal counsel, and to submit such evidence as the Tribal Gaming Commission deems relevant to the matter at issue. Notwithstanding the foregoing, if the Tribal Gaming Commission deems it necessary to protect the public interest in the integrity of Indian Gaming, the Tribal Gaming Commission may take such action with immediate effect as it deems required, and shall thereupon provide notice and an opportunity to be heard to the affected person or entity as soon as is reasonably practicable following such action. The person or entity may file an immediate appeal with the Tribal Court of a decision of the Gaming Commission under this Section and the Tribal Court shall hear such appeal within 14 days of its receipt of the appeal.

If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances is not affected.

Gaming Ordinance
Ordinance # 97-400-01
Amended - March 25,1999
December 12, 2000
Updated: June 6, 2001(10:36am)

1.01. Title. This Ordinance shall be known as the "Little River Band of Ottawa Indians Liquor Control Ordinance."

1.02. Purpose. The purpose of this Ordinance is to regulate and control the importation, manufacture, distribution, and sale of alcoholic beverages on the Little River Band of Ottawa Indians Reservation.

1.03. Legislative Findings. The Little River Band of Ottawa Indians Tribal Council hereby finds as follows:

1. The Tribal Council has the authority to adopt this Ordinance pursuant to the powers vested in it by Article IV, Section 7 of the Constitution, approved on July 10,1998.
2. Federal law prohibits the introduction and sale of liquor into Indian country unless such transaction is in conformity both with the laws of the State in which such act or transaction occurs and with an ordinance duly adopted by the tribe having jurisdiction over such area of Indian country.
3. The regulation and control of alcoholic beverages on the Tribe's Reservation is necessary to protect the health, security and general welfare of the Tribe.
4. The enactment of this Ordinance is an exercise of the inherent sovereign powers of the Tribe.

1.04. Declaration of Policy. The importation, distribution, manufacture, and sale of alcoholic beverages on the Tribe's Reservation shall be lawful, provided that such activity is licensed by the Tribe in accordance with this Ordinance and the laws of the State of Michigan relating to the sale and regulation of alcoholic beverages.

1.05. Application of 18 U.S.C § 1161. The importation, distribution, manufacture, and sale of alcoholic beverages on the Tribe's Reservation shall be "in conformity with" this Ordinance and the laws of the State of Michigan as that phrase is used in 18 U.S.C. § 1161.

1.06. Incorporation of Michigan Laws by Reference.

1. In accordance with 18 U.S.C. § 1161, the Tribe hereby adopts and applies as tribal law those Michigan laws, as amended, relating to the sale and regulation of alcoholic beverages encompassing the following areas: sale to a minor; sale to a visibly intoxicated individual; sale of adulterated or misbranded liquor; hours of operation; and similar substantive provisions, including such other laws prohibiting the sale of alcoholic beverages to certain categories of individuals. The tribal laws that are defined by reference to the substantive areas of Michigan laws referred to in this section shall apply in the same manner and to the same extent as such laws apply elsewhere in Michigan to off Reservation transactions unless otherwise agreed by the Tribe and State.
2. In the event any provision of this ordinance is in conflict with the substantive provisions of Michigan law adopted and applied pursuant to this Ordinance, the terms of this Ordinance shall govern.
3. Whenever such Michigan laws are incorporated herein by reference, amendments thereto shall also be deemed to be incorporated upon their effective adoption by the Tribe or the Tribal Council. d. Nothing in this Ordinance shall be construed as a consent by the Tribe to the jurisdiction of the State of Michigan or any of its courts or subordinate political subdivisions or municipalities within the Reservation over any activity arising under or related to the subject of this Ordinance nor shall anything in this Ordinance constitute an express or implied waiver of the sovereign immunity of the Tribe.

1.07. Severability Clause. In the event any provision of this Ordinance shall be found or declared to be invalid by a court of competent jurisdiction, all of the remaining provisions of this Ordinance shall be unaffected and shall remain in full force and effect.

As used in this Ordinance, the following words shall have the following meanings unless the context clearly requires otherwise:

2.01. "Alcohol" means the product of distillation of fermented liquid, whether or not rectified or diluted with water, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for beverage purposes.

2.02. "Alcoholic beverage" or "Liquor" means and spirituous, vinous, malt, or fermented liquid and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing %2 of 1% or more of alcohol by volume which is fit for use for beverage purposes. Alcoholic beverage or Liquor includes the following eight subclassifications: beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine drink, and mixed spirit drink. Alcoholic beverage or liquor does not include the exceptions set forth in Mich. Comp. Laws §436.4 (Mich. St.Ann. §18.974).

2.03. "Applicant" means any person who submits an application to the Tribe for a liquor license or who applies for or requests a license required by this Ordinance.

2.04. "Beer" means any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, hops, or other cereal in potable water.

2.05. "Constitution " means the Constitution of the Little River Band of Ottawa Indians ratified by the members of the Tribe on May 27,1998, and approved by the Deputy Commissioner of Indian Affairs on July 10,1998.

2.06. "Council" or "Tribal Council" means the elected Tribal Council of the Little River Band of Ottawa Indians.

2.07. "License" means a liquor license issued by the Tribal Council pursuant to this Ordinance. 2.08. "Licensee" means any holder of a valid liquor license issued by the Tribal Council.

2.10. "Ogema" or "Tribal 0gema" means the chief executive officer of the Tribe elected by majority vote of the members of the Tribe or the person authorized to perform the duties of the Ogema in his/her absence.

2.11. "Person" means an individual, receiver, assignee, trustee in bankruptcy, trust, estate, tribe, firm, partnership, joint venture, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise.

2.12. "Reservation " means

1. all lands acquired by the Secretary of the Interior in trust for the benefit of the Tribe;
   
2. upon the proclamation of the reservation, all lands within the exterior boundaries of the Tribe's reservation; and
3. and any all lands made part of the reservation in the future.
   

2.13. "Sacramental wine" means wine containing not more than 24% of alcohol by volume which is used for sacramental purposes.

2.14. "Sale" means the exchange, barter, traffic, furnishing, or giving away for commercial purposes any alcoholic beverages.

2.15. "Spirits" means any beverage which contains alcohol obtained by distillation, mixed with potable water or other substances, or both, in solution, and includes wine containing an alcoholic content of more than 21 % by volume, except sacramental wine and mixed spirit drink.

2.16. "Tribal Court" means the Tribal Court of the Little River Band of Ottawa Indians.

2.17. "Tribal Enterprise" means any activity or business owned, managed, or controlled by the Tribe or any agency, subordinate organization, or other entity of the Tribe.

2.18. "Tribal law" means the Tribal Constitution and all laws, ordinances, codes, resolutions, and regulations now and hereafter duly enacted by the Tribal Council.

2.20. "Wine" means the product made by the normal alcoholic fermentation of the juice of sound, ripe grapes, or any other fruit with the usual cellar treatment, and containing not more than 21 % of alcohol by volume, including fermented fruit juices other than grapes and mixed wine drinks.

3.01. Licensing Authority of Tribal Council. The Council shall exercise all of the powers necessary to accomplish the purposes of this Ordinance, which may include the following actions:

1. adopt and enforce rules and regulations for the purpose of effectuating this Ordinance, which includes setting of fees;
2. execute all necessary documents;
   
3. perform all matters and things incidental to and necessary to conduct its business and carry out its duties and functions under this Ordinance;
4. establish a commission and delegate to such commission the authority to regulate licensees and enforce this Ordinance; and
5. to establish procedures to issue, suspend, revoke or transfer licenses under this Ordinance.
   

3.02. Prohibition of Unlicensed Sale of Liquor. This Ordinance prohibits the importation, manufacture, distribution, or sale of liquor for commercial purposes other than where conducted by a person licensed in accordance with this Ordinance. The federal laws relating to the importation, manufacture, distribution and sale of liquor are intended to remain applicable to any act or transaction that is not authorized by this Ordinance, and violators shall be subject to federal law.

3.03. Purchases only from State licensed Distributors. All persons shall purchase spirits, for resale by the person, from the Michigan Liquor Control Commission, and beer and wine from distributors licensed by the Michigan Liquor Control Commission, on the same basis that such beverages are purchased by similar licensees.

3.04. Authorization to Sell Liquor. Any person applying for and obtaining a license under the provisions of this Ordinance shall have the right to engage only in those alcoholic liquor transactions expressly authorized by such license and only at those specific places or areas designated in said license.

3.05. Classes of Licenses. The Council shall have the authority to issue any one or more of the following classes of liquor licenses within the Reservation:

1. "Retail on-site general license" means a license authorizing the applicant to sell alcoholic beverages at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes hotels where alcoholic beverages may be sold for consumption on the premises and in the rooms of bona fide registered guests.
2. "Retail on site beer and wine license" means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class includes hotels where beer and/or wine may be sold for consumption on the premises and in the rooms of bona fide registered guests.
3. "Retail offsite general license" means a license authorizing the applicant to sell alcoholic beverages at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
4. "Retail off-site beer and wine license" means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
   
5. "Manufacturer's license" means a license authorizing the applicant to manufacture alcoholic beverages for the purpose of sale on the Reservation.
6. "Temporary license"means a license authorizing the sale of alcoholic liquor on a temporary basis for premises temporarily occupied by the licensee for a picnic, social gathering, or similar occasion.

3.07. Application Form and Content. An application for a license shall be made to the Council for consideration at a Regular Meeting of the Tribal Council and shall contain the following information:

1. The name and address of the licensee, including the names and addresses of all of the principal officers and directors, and other employees with primary management responsibility related to the sale of alcoholic liquor;
2. The specific area, location, and/or premise(s) for which the license is applied for;
3. The class of license under Section 3.05 applied for;
4. Whether the applicant has a state liquor license;
   
5. The application shall be verified under oath and notarized by a duly authorized representative.
   

3.08. Investigation. Upon receipt of an application for the issuance, renewal, or transfer of a license, the Tribal Council shall make an investigation to determine whether the applicant and the premises for which a license is applied for, qualify for a license, shall ensure that the applicant and premises are in compliance with this Ordinance, and shall investigate all matters connected therewith which may affect the public health, welfare, and morals.

3.09. Public Hearing. Upon receipt of an application for issuance, renewal, or transfer of a license, and the payment of all fees if required by regulations promulgated under Section 3.01(a), the Tribal Council may issue a license or set the matter for a public hearing at a Special Meeting of the Tribal Council. Notice of the time and place of the hearing shall be given to the applicant and the public at least twenty (20) calendar days before the hearing. Notice shall be given to the applicant by United States mail, postage prepaid, at the address listed in the application. Notice shall be given to the public by publication in a newspaper of general circulation sold on the Reservation. The notice published in the newspaper shall include the name of the applicant, whether the action involves a new issuance, renewal, or transfer, the class of license applied for under Section 3.05, and a general description of the area where the alcoholic beverage will be or has been sold. At the hearing, the Tribal Council shall hear from any person who wishes to speak for or against the application. The Tribal Council shall have the authority to place time limits on each speaker and to limit or prohibit repetitive testimony.

3 .10. Tribal Council Action on the Application. The Tribal Council shall act on the application within sixty (60) days of receipt of the application or within sixty (60) days of the conclusion of the public hearing if one is held pursuant to Section 3.09. The Tribal Council shall have the authority to deny, approve, or approve with conditions the application. Provided, however, that the Tribal Council shall afford an applicant a hearing on the application before denying or approving with conditions any application. Upon approval of an application, the Council shall issue a license to the applicant in a form to be approved from time to time by Tribal Council resolution.

1. The applicant has knowingly and materially misrepresented facts contained in the application;
2. The applicant (or premises) is not in compliance with tribal or applicable federal or state laws;
3. Granting of the license (or renewal or transfer thereof) would create a threat to the peace, safety, morals, health, or welfare of the Tribe;
4. The applicant has failed to complete the application properly or has failed to tender the appropriate fee; or
5. If the applicant (or premise) is not in compliance with or does not meet the requirements of Michigan law incorporated as tribal law pursuant to this Ordinance.

3.12. Multiple Locations. Separate licenses shall be issued for each of the premises at which liquor is imported, distributed, manufactured or sold.

3.13. Posting of License. Every license shall be posted and kept in a conspicuous place(s) on the licensed premises.

3.15. Term and Renewal of License. All licenses shall be issued on a calendar year basis and shall be renewed annually. The applicant shall renew a license by, prior to the license's expiration date, submitting a written renewal application to the Tribal Council on the provided form, and paying the annual license fee for the next year. License renewals may be issued without a hearing.

3.16. Consent to Tribal Jurisdiction. Anyone who imports, manufactures, distributes, or sells liquor for commercial purposes on the Tribe's Reservation, and anyone who submits an application for a license, shall be deemed to have consented to the jurisdiction of the Tribe and the Tribal Court.

4.01. Suspension or Revocation of License. Whenever it is brought to the attention of the Tribal Ogema, Tribal Council, or any other person, that a licensee (or licensed premises), through action or inaction:

1. has knowingly and materially misrepresented facts contained in any license application;
   
2. is not in compliance with tribal or applicable state and federal laws;
   
3. failed to comply with any condition of a license, including failure to pay a required fee;
   
4. failed to take reasonable steps to correct objectionable conditions constituting a nuisance on the licensed premises or any adjacent area within a reasonable time after receipt of a notice to make such corrections has been issued by the Tribal Council or its authorized representative; or
5. if applicable, suspension or revocation of the licensee's Michigan liquor license, proceedings to suspend or revoke a licensee's Tribal license may be initiated in accordance with this Section.

1. Persons or Entities Authorized to Initiate Proceedings. Suspension or revocation proceedings for any license held by a gaming operation may be initiated by the Tribal Gaming Commission by filing a complaint with the Tribal Council. All other suspension or revocation proceedings may be initiated by the Tribal Ogema or his/her designee, or by any person who files a complaint with the Tribal Council Recorder.
2. Interim Hearings Commission. Until such time as the Tribal Council creates a regulatory commission vested with authority to adjudicate alleged violations of this Ordinance, suspension, revocation and other enforcement proceedings shall be heard by a Hearings Commission consisting of the Tribal Council Speaker, the Council Recorder, and one (1) other member of the Tribal Council.
3. Form of Complaint. All complaints shall be in writing and signed by the complainant. The complaint shall state facts showing that there are specific grounds under this Ordinance which would authorize the suspension or revocation of the license(s). If the complaint does not state such grounds, the Hearings Commission shall dismiss the complaint and duly notify the complainant and the licensee.
4. Notice of Hearing. If the complaint states such grounds, the Council Recorder shall cause the matter to be set for a hearing before the Hearings Commission on a date no later than thirty (30) days from the Tribal Council's receipt of the complaint. Notice of the time, date, and place of the hearing shall be given the licensee and the public in the same manner as set forth in Section 3.09. The notice shall state that the licensee has the right to file a written response to the complaint or resolution, verified under oath and signed by the licensee ten (10) days prior to the hearing date.

4.03. Hearing. A hearing held on any complaint shall be held before the Hearings Commission under such rules of procedure as it may adopt. Both the licensee and the complainant shall have the right to present witnesses, testify, and present written documents in support of their positions to the Hearings Commission at such hearing. The Hearings Commission shall render its decision within sixty (60) days after the date of the hearing. The decision of the Hearings Commission shall be final, unless appealed pursuant to Section 5.03.

4.05. General Penalties. Any person adjudged to be in violation of this Ordinance, including any lawful regulation promulgated pursuant thereto, shall be subject to a civil fine of not more than five hundred dollars ($500.00) for each such violation. The Tribal Council may adopt by resolution a separate schedule for fines for each type of violation, taking into account the seriousness and threat the violation may pose to the general health and welfare of the Tribe, its members and those on Reservation lands. The penalties provided for herein shall be in addition to any criminal penalties which may be imposed under applicable law. Each calendar day during which a violation occurs shall be deemed a separate violation.

4.06. Initiation of Action. The Tribal Ogema or Tribal Council, on behalf of and in the name of the Tribe, may initiate and maintain an action in Tribal Court or any court of competent jurisdiction to abate and permanently enjoin any violation of this Ordinance. Any action taken under this section shall be in addition to any other penalties provided for in this Ordinance.

4.07. Inspection. All licensed premises or any parts used or in any way connected physically or otherwise with the licensed premise, and any premise whether licensed or not used in the importation , distribution, manufacture or sale of liquor shall at all times be opened to inspection by any tribal inspector appointed by the Tribal Ogema. Any licensed premises operated by a person holding a gaming license shall be open to inspection by the Tribal Gaming Commission or any inspector acting on behalf of the Gaming Commission.

4.08. Contraband; Seizure; Forfeiture.

1. All alcoholic beverages within the Reservation that are stored, held, owned, or possessed by any person, or licensee operating in violation of this Ordinance, are hereby declared to be contraband and subject to forfeiture to the Tribe.
2. Within thirty (30) calendar days following the seizure of the contraband, a hearing shall be held before the Tribal Court, at which time the licensee or owner of the premises or contraband shall be given an opportunity to present evidence.
   
3. Notice of the hearing shall be given to the persons identified in Section 4.08(b) or the person from whom the property was seized, if known, ten (10) calendar days prior to hearing. If the person is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at other public places on the Reservation. The notice shall describe the property seized, and the time, place, and cause of seizure and give the name and place of residence, if known, of the person from whom the property was seized.
4. If upon hearing, the evidence warrants, or if no person appears as a claimant, the Tribal Court shall thereupon enter a determination of forfeiture and order such contraband forfeited to the Tribe and sold or destroyed forthwith.

Section 5. Sovereign Immunity; Appeals.

5.01. Sovereign Immunity.

1. The Tribe, and all of its instrumentalities, including, but not limited to tribal enterprises, subordinate organizations, boards, committees, officers, attorneys and agents, are immune from suit in any jurisdiction except to the extent that such immunity has been expressly and unequivocally waived in writing by the Tribe.
2. Except as provided in Section 5.02, nothing in this Ordinance, and no enforcement action taken pursuant to this Ordinance or otherwise, including but not limited to, the holding of any hearing, the grant, denial, suspension, modification, conditioning or revocation of any license, the filing of suit by the Tribal Ogema or Tribal Council to enforce any provision of this Ordinance or other law, shall constitute a waiver of such immunity, either as to the original action, any counterclaim, regardless of whether an asserted counterclaim arises out of the same transaction or occurrence, or in any other respect.

5.02. Limited Waiver of Sovereign Immunity of the Tribe. The Tribe hereby expressly waives its sovereign immunity from suit in the Tribal Court for the limited purpose of an appeal of any decision of the Tribal Council to grant, deny, modify, or condition a license or of the Tribal Council Hearings Commission to suspend or revoke a license or to impose lines. Nothing contained in this section or this Ordinance or in any express waiver of sovereign immunity by resolution of the Tribal Council relating to the regulation of alcoholic beverages shall be deemed a consent to levy of any judgment, lien or attachment upon any property or revenues of the Tribe.

5.03. Appeal to Tribal Court. A person directly affected by any grant, denial, suspension, modification, conditioning or revocation of any license or imposition of fines under this Ordinance, shall have the right to appeal such decision to the Tribal Court. Any such appeal must be filed with the Tribal Court in writing on or before the thirtieth (30th) day following the decision of the Tribal Council or Tribal Ogema, as the case may be. In any case which has been appealed to the Tribal Court for final action, the Tribal Court shall review all findings of fact and of law of the Hearings Commission on the record and pursuant to an "arbitrary and capricious" standard and shall have power to affirm, modify or reverse the decision. Pursuant to Section 5.02, the Tribal Court may only grant injunctive relief and may not grant damages against the Tribe. The Tribal Court's decision shall be final, and no further appeal may be had.

1.01. Title. This Ordinance shall be known as the "Little River Band of Ottawa Indians Law and Order Ordinance."

1.02. Purpose. The purpose of this Ordinance is to provide adequate provision for administration of justice within the territorial jurisdiction of the Little River Band of Ottawa Indians Reservation where the Tribe retains jurisdiction over Indians that is exclusive of state jurisdiction but where the Tribe has not yet developed its own body of law to exercise that jurisdiction. For purposes of the enforcement of the law and order regulations adopted in this ordinance, an "Indian" is defined as a person who is a member of an Indian tribe which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs, and any other individual who is an "Indian" for purposes of 18 U.S.C.1152-53.

1.03. Legislative Findings. The Little River Band of Ottawa Indians Tribal Council hereby finds as follows:

1. The Tribal Council has the authority to adopt this Ordinance pursuant to the powers vested in it by Article IV, Section 7 of the Constitution, approved on July 10,1998.
2. The regulation, control and prohibition of certain activities and conduct on the Tribe's Reservation is necessary to protect the health, security and general welfare of the Tribe, its members, the general public and property on the Tribe's Reservation.
3. The enactment of this Ordinance is an exercise of the inherent sovereign powers of the Tribe.

1.04. Incorporation of Code of Federal Regulations, 25 C.F.R. Part 11, Subparts C and D by Reference.

1. The Tribe hereby adopts and applies as tribal law the Subpart C (Criminal Procedure) and Subpart D (Criminal Offenses) of the Code of Federal Regulations, 25 C.F.R. Part 11, providing for Law and Order on Indian Reservations.
2. In the event any provision of this ordinance is in conflict with the substantive provisions of the Code of Federal Regulations' Law and Order Code provisions adopted and applied pursuant to this Ordinance, the terms of this Ordinance shall govern.
3. Nothing in this Ordinance shall be construed as a consent by the Tribe to the jurisdiction of any Courts of Indian Offenses established under the Code of Federal Regulations over any activity arising under or related to the subject of this Ordinance nor shall anything in this Ordinance constitute an express or implied waiver of the sovereign immunity of the Tribe.

1.05. CFR. Law and Order Code Superceded by Subsequent Legislative Action of the Tribal Council; Amendments. The procedures and regulations established in this Ordinance shall continue to apply to the Little River Band's Reservation until Tribal-specific law and order ordinance is adopted, which by its specific terms, is intended to supercede the provisions of this Ordinance. The Tribe may, by amendment to this Ordinance, prohibit or regulate other activities and conduct by defining additional criminal offenses.

1.06. Accused Person's Right to Counsel. In accordance with Article III, Section 1(f) of the Tribal Constitution, and notwithstanding the provisions of Section 11.303(c), Notification of Rights Prior to Custodial Interrogation, and Section 11.309(c)(2), Arraignments, any person accused of an offense under this Ordinance may represent himself before the Tribal Court, or may be represented, at his/her own expense, by a person duly licensed to practice before the Tribal Court. Persons shall be informed of these rights prior to any custodial interrogation and/or at such person's arraignment conducted pursuant to this Ordinance.

1. Criminal Jurisdiction. The Tribal Court of the Little River Band of Ottawa Indians shall have jurisdiction over any action by an Indian, as defined in this Ordinance, that is made a criminal offense under this Ordinance and that occurred within the territorial jurisdiction of the Tribe, as defined in the Tribe's Constitution.
2. Limitation of Actions. Except as otherwise provided in this Ordinance, no person shall be prosecuted, tried or punished for any offense unless the complaint is filed within five (5) years after the offense was committed.

1.08. Publication of this Ordinance. The terms of this Ordinance, together with a summary of the provisions of 25 C.F.R. Part 11, Subpart C and Subpart D, shall be published in the Tribal Newsletter and the terms of this Ordinance, together with the provisions of 25 C.F.R. Part 11, Subpart C and Subpart D in their entirety, shall be posted at all Tribal Offices and buildings.

1.09. Severability Clause. In the event any provision of this Ordinance shall be found or declared to be invalid by a court of competent jurisdiction, all of the remaining provisions of this Ordinance shall be unaffected and shall remain in full force and effect.

1.10. Effective Date. This Law and Order Ordinance shall be effective from the date of enactment.

Law and Order Ordinance
Ordinance # 98-400-03
Adopted - April 22,1999
Updated: June 6, 2001(10:36am)

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A. The Little River Band of Ottawa Indians has determined that it is in the best interests of its members to regulate the wise utilization of Natural Resources within its jurisdiction in order to promote, honor and respect our traditional spiritual and physical relationship with the land and waters and resources on, above, below and within the land and waters.

B. This Ordinance is adopted under the provisions of the Constitution and By-laws of the Little River Band of Ottawa Indians, the governance of 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 as well, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

C. Definitions. In the implementation of this Ordinance, the following terms shall have the meanings set forth:

1. "Commission" shall mean the LRB Natural Resources Commission consisting of a five (5) member body, as created pursuant to Article II of this Ordinance, with the powers and authority vested therein pursuant to this Ordinance.
2. "Commissioner" shall mean the individual designated to head of Commission who shall have the powers and authority vested in that office pursuant to this Ordinance.
3. "Associate Commissioner" shall mean one of the four (4) members of the Commission selected to serve thereon according to Article II of this Ordinance, with the powers and authority vested in such members pursuant to this Ordinance.
4. "Tribal Council" shall mean the governing body of the Little River Band of Ottawa Indians as recognized in Section 8(b)(2) of Public Law 103-324.
5. "Valid signatures" shall mean signatures of members of the Little River Band of Ottawa Indians freely given and not obtained through fraud or coercion.
6. "LRB"shall mean the Little River Band of Ottawa Indians.
   

1. There is hereby created the Natural Resources Commission, which shall consist of five (5) persons selected according to Section C of this Article, which Commission is created for the purposes described in Article I of this Ordinance. The Commission is charged with the oversight and regulation of utilization of natural resources within its jurisdiction and shall exercise the powers and authorities described in Article IV hereof and such other powers and authorities as may be delegated thereto from time to time by the Tribal Council by amendment of this Ordinance or by separate ordinance.
2. The Natural Resources Commission shall consist of the following persons to be selected according to Section C of this Article:
   1. A Commissioner who shall serve as the Chair of the Commission and shall exercise the duties and responsibilities as set forth in this Ordinance. The Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
   2. Four (4) Associate Commissioners, who shall have the duties and responsibilities as set forth in this Ordinance. An Associate Commissioner shall be a duly enrolled member of the Little River Band of Ottawa Indians, shall be at least 18 years of age upon selection to his or her first term of office.
      
   3. Ex Officio Members, who shall serve in advisory capacities, who shall have no vote, and who shall have additional qualifications as follows: no more than two ex officio members shall serve at any time and such members will be representative of federal, state or tribal resources agencies.
3. The Commissioner and the Associate Commissioners shall be selected as follows:
   1. Initial Appointment. The Tribal Council shall appoint a Commissioner and two (2) Associate Commissioners who shall serve for full four (4) year terms and two (2) Associate Commissioners who shall serve for two (2) year terms.
   2. Future Appointments. Approximately two (2) years after the initial appointment of the two (2) Associate Commissioners appointed to two (2) year terms, and every four (4) years thereafter, the Tribal Council shall fill such vacancies by appointment. Approximately four years after the initial appointment of a Commissioner and Associate Commissioners to the Commission, and every four (4) years thereafter, at the expiration of the terms of the Commissioner and the other two Associate Commissioners, the Tribal Council shall fill such vacancies by appointment.
   3. At least two (2) weeks prior to any meeting during which future appointments to the Commission will be made, the Tribal Council shall publicize that it will be making such appointments and shall seek applicants for appointment and nominations of individuals to be appointed.
4. The term of office of the Commissioner shall be four (4) years, and an individual may serve a total of two (2) terms in such capacity, whether or not consecutive. The term of office for Associate Commissioners shall be four (4) years, and an individual may serve a total of three (3) terms in such capacity, whether or not consecutive. Serving a term in the capacity of Associate Commissioner shall not be deemed to be a term as Commissioner.
5. Immediately upon appointment, the Tribal Chairman shall administer the oath of office to the Commissioner and to the Associate Commissioners, which oath of office shall include a commitment to uphold the Constitution and laws of the Little River Band of Ottawa Indians and to perform faithfully and diligently the duties and responsibilities set forth in this Ordinance and the mandates of all Tribal laws applicable to commercial and subsistence fishing, hunting, trapping and gathering.
6. Removal from the office of Commissioner or Associate Commissioner.
   1. Grounds for removal of an individual from the office of Commissioner or Associate Commissioner shall include:
      1. Conviction of a felony in Tribal, State or Federal court during a term of office, unless such conviction stems from performance of a legal duty to the LRB;
      2. Fraud, conspiracy to commit fraud or material misrepresentation or malfeasance in the performance of duties and responsibilities under this Ordinance;
      3. Failure to attend three consecutive meetings of the Commission without valid excuse.
   2. Procedure for removal of an individual from the office of Commissioner or Associate Commissioner shall afford all parties all protections guaranteed by the Indian Civil Rights Act, 25 U.S.C.1302, and shall be as follows:
      1. Upon receipt of a petition signed by at least fifty (50) members of the Little River Band of Ottawa Indians, or by two Associate Commissioners or by the Commissioner and one Associate Commissioner, the Chairman of the Little River Band of Ottawa Indians shall call a special meeting of the Tribal Council to deal with a request to remove the Commissioner or an Associate Commissioner.
         
      2. In the event the Tribal Council determines that a sufficient number of valid signatures are affixed to the petition and that the charges set forth in the petition, if verified, constitute grounds for removal of the Commissioner or an Associate Commissioner from his or her appointed position, the Tribal Council shall set a date for hearing the charges on the petition and shall provide notice to the Commissioner or Associate Commissioner whose removal is being sought.
      3. Notice to the Commissioner or Associate Commissioner whose removal is being sought shall be served no later than two (2) weeks prior to the date set for the hearing, shall include the date, time and location of the hearing, shall attach a full and complete copy of the petition seeking removal, and shall attach a copy of the rules to be followed during the hearing. Upon good cause shown, the Tribal Council may postpone the hearing to a later date. Notice shall also advise the recipient of the availability of Tribal Council subpoena power to require the presence of any witness or the production of any document which the recipient deems necessary in order to attempt to defend against the charges contained in the petition.
      4. The Tribal Council shall also provide copies of the notice to the Commissioner and all Associate Commissioners and to each member of the Little River Band of Ottawa Indians who signed the petition, advising each of them of the opportunity to appear and to present evidence, either in support of the charges against the Commissioner or Associate Commissioner whose removal is sought or in support of the defense of such Commissioner or Associate Commissioner. Any person who has properly signed such petition shall have the ability to request the Tribal Council to issue a subpoena to require the presence of witnesses or production of documents deemed necessary to support the charges contained in the petition.
      5. The Tribal Council shall preside at the hearing of the charges contained in any such petition and shall allow as much time as necessary for the testimony of witnesses and presentation of evidence in support of the charges, as much time as necessary for the testimony of witnesses and presentation of evidence to refute the charges, and such time as the Tribal Council deems appropriate for summary statements and arguments. At any time, the Tribal Council may recess the hearing until a later time certain.
      6. Upon the conclusion of the presentation of evidence and of summary statements and arguments, the Tribal Council shall deliberate in closed session and shall either dismiss the petition or shall remove the Commissioner or Associate Commissioner charged in the petition, upon such findings of fact as may be appropriate. The decision of the Tribal Council shall be read in open session. The decision of the Tribal Council shall be final, and no appeal to any other tribunal shall be available.
      7. In the event a vacancy occurs in the office of Commissioner or Associate Commissioner, by virtue of death, resignation or removal, the vacancy shall be filled in the following manner:
         1. If one year or less remains of the term of office which has become vacant, the Tribal Council shall appoint a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office without seeking applications or nominations therefor.
         2. If more than one year remains of the term of office which has become vacant, the Tribal Council shall comply with the requirements of Article II, Section C(3) prior to appointing a qualified member of the Little River Band of Ottawa Indians to fill the remaining term of office.

1. Public Informational Meetings. The Commission shall have public informational meetings, to be held at large, centrally located facilities, at least one (1) time per year at such dates, times and locations as may be designated, subject to the following requirements:
   1. The agendas of such meetings shall be informational in nature.
   2. Two (2) Associate Commissioners or the Commissioner and one Associate Commissioner shall constitute a quorum at such meetings.
      
   3. Substantial time shall be set aside at each such meeting to permit the membership of the Little River Band of Ottawa Indians the opportunity to provide input on any aspect or issue which is relevant to the purpose and authority of the Commission.
   4. Notice of such meetings shall be published in local periodicals wherever concentrations of members reside no later than two weeks prior to such meeting, such notice to set forth the place, date, time and duration of such meeting and the agenda for such meeting.
   5. Complete minutes of such meetings shall be taken and retained, and shall become a part of the legislative history of the Commission.
2. Regular Meetings. Regular meetings of the Commission shall be held once each month for the purpose of conducting the business of the Commission. Regular meetings will be subject to the following requirements:
   1. Notice of such meetings, including the date, time and location, shall be provided to each member of the Commission at least 14 days prior to the date of the meeting. Notice shall be deemed to be provided upon being sent by telefax.
   2. The Commissioner shall have a vote on all issues to be decided by the Commission, except as otherwise provided for in this Ordinance.
   3. No official action may be taken by the Commission unless a quorum is present. A quorum of the Commission shall consist of the Commissioner and three (3) Associate Commissioners or four (4) Associate Commissioners.
   4. The conduct of Commission meetings shall be governed by Roberts Rules of Order.
      
   5. Complete minutes of such meetings shall be taken and retained, subject to the exception contained in Section D of this Article, and shall become a part of the legislative history of the Commission.
3. Special Meetings. Special meetings of the Commission shall be held as needed upon the directive of the Commissioner or any two Associate Commissioners upon receipt of 72 hours notice in writing delivered to all members of the Commission. Notice shall be deemed to be provided upon being sent by telefax. All other provisions applicable to regular meetings shall apply to special meetings of the Commission.
4. Regular and special meetings shall be conducted pursuant to the following additional rules:
   
   1. It shall be the standard that all meetings of the Commission shall be open to all members of the Little River Band of Ottawa Indians; however, the Commissioner or a majority of the Associate Commissioners present may direct all or a portion of a regular or special meeting to be closed to everyone except designated participants, when such closed meeting is necessary to deal with personnel issues or to discuss any matters deemed to require a closure.
   2. Minutes of all regular and special meetings of the Commission shall be transcribed, shall be kept on permanent file in the offices of the Commission, and shall be available for inspection by any member of the Little River Band of Ottawa Indians upon reasonable advance notice; provided, however, that as to any closed meeting or closed portion of a meeting, the minutes shall merely reflect that a closure took place.
   3. Minutes of all closed meetings or closed portions of meetings of the Commission shall be transcribed and shall be kept on permanent file in the confidential files of the Commission. Such minutes may be released only upon a majority vote of the Commission explicitly authorizing such release.
   4. Conflict of interest provisions contained in Article VI, Section 6 of the Constitution of the Little River Band of Ottawa Indians, or any successor provision applicable to the Tribal Council, shall apply to this Commission.
      

1. The primary responsibility of the Commission shall be to implement the provisions of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members and on Tribal lands and to ensure the protection of the environment and resources within the Little River Band of Ottawa Indians' ancestral lands and waters.
2. The Commission shall have the following additional powers:
   1. To promulgate rules for the purpose of implementing this Ordinance and any Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
   2. To issue orders and directives not inconsistent with this Ordinances or Tribal Ordinances regulating commercial and subsistence fishing, hunting, trapping and gathering activities by Tribal members or on Tribal lands;
   3. To monitor and assess the impact commercial and subsistence hunting, fishing, trapping and gathering activities by Tribal members on the health and diversity of fish, wildlife and plant populations or other natural resources;
   4. To recommend to the Tribal Council, such Ordinances or amendments to Ordinances as may be required to better protect and manage the natural resources impacted by the Tribe;
   5. To adopt, when deemed necessary by the Commission, such emergency and/or interim regulations, including, but not limited to, restrictions on seasons, bag or creel limits, or method of harvest, as may be necessary to protect fish, wildlife and plant populations or other natural resources;
   6. To keep and maintain an up-to-date and accurate list of all persons to whom each type of license or permit has been issued;
   7. To review on an ongoing basis the numbers of each type of license or permit outstanding, with particular emphasis on commercial or special permits which may be outstanding, to determine if it is in the best interests of conservation to continue such permits;
   8. To issue, suspend or revoke licenses, special permits, or other permits contemplated by this Ordinance and for fishing, hunting, trapping and gathering activities. All licensing actions shall be subject to the requirements of the Indian Civil Rights Act;
   9. Subject to ratification by the Tribal Council, to enter into contracts of all types with agencies of Federal, State, local or other Tribal governments, with private parties, including individuals, partnerships, corporations or other enterprises.
   10. To prepare and present to the Tribal Chairman and Tribal Council a budget requesting an appropriation of funds to permit the Commission to employ personnel or to retain by contract such independent contractors, professional services and whatever other services may be necessary to carry out the dictates of this Ordinance and all Ordinances governing commercial and subsistence fishing, hunting, trapping or gather of natural resources; Provided, However, that the employment of personnel by the Commission shall be subject to the Personnel Policies and Procedures of the Little River Band of Ottawa Indians;
   11. To establish a tribunal consisting of three (3) of which at least one will be a tribal elder, over the age of fifty-five (55) years, for the purpose of conducting such hearings as may be necessary under the provisions of this Ordinance or under the provisions of any other ordinances which this Commission is charged with implementing. Such Tribunal will operate until such time as the LRB creates a court of General or Special Civil and Criminal jurisdiction with due authority of the Tribunal, whereupon the Tribunal shall cease to exist. The Tribunal shall hear appeals from decisions denying the issuance of any license, license suspensions or revocations, allegations of violation of this Ordinance or any ordinance which this Commission is charged with implementing, violation of any rule, regulation or directive issued by the Commission, confiscation of gear or equipment, or any other matter arising under this Ordinance. In establishing such tribunal, the Commission may vest the tribunal with full authority to subpoena witnesses and records, impose penalties and enter judgments of both a legal and equitable nature, provided, however, that the Tribunal shall in all cases adhere to all requirements of the Indian Civil Rights Act, Title 25, United States Code Section 1302.

The Commissioner shall have the following powers and authorities:

1. To chair all meetings of the Commission.
2. To act in all respects on behalf of the Commission between meetings of the Commission, subject, however, to ratification by the Commission of any action taken.
3. To represent the Commission in all respects whenever it is appropriate for the Commission to be represented.
4. To serve on other boards or commissions as a representative of the Commission.
   
5. To delegate to an Associate Commissioner, or to an employee as appropriate, any of the duties and responsibilities of Commissioner.
6. To exercise any other authority delegated to the Commissioner by ordinance or by action of the Tribal Council.

In the event that any phrase, provision, part, paragraph, subsection or section of this Ordinance is found by a court of competent jurisdiction to violate the Constitution, laws or ordinances of the Little River Band of Ottawa Indians, such phrase, provision, paragraph, subsection or section shall be considered to stand alone and to be deleted from this Ordinance, the entirety of the balance of the Ordinance to remain in full and binding force and effect.

Natural Resource Commission Ordinance
Ordinance # 96-500-01
Adopted - May 5,1996
Updated: June 6, 2001(10:36am)

The Grand Traverse Band of Ottawa and Chippewa Indians, the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians (Tribes) are all parties to the Treaty of Washington of March 28,1836, 7 Stat. 491. In that Treaty the Tribes reserved the right to hunt, fish and gather on the ceded lands and waters. The individual Tribes adopt this uniform Code to exercise their inherent sovereign right to regulate the reserved treaty rights. This uniform Code enables the Tribes to coordinate their efforts to preserve and conserve the resources while promoting pubic safety. The purpose of these regulations is to preserve and conserve the natural resources on and in the lands and waters ceded by the Ottawa and Chippewa in the Treaty of 1836 for the perpetual use, benefit, and enjoyment of the members of the Tribes. These regulations do not apply to the commercial use or regulation of those uses on the Treaty-ceded waters of the Great Lakes, or on Treaty-ceded waters connecting the Great Lakes.

1.01. Ceded Territory -All lands and waters ceded in the 1836 Treaty as described in Article First, that were not reserved in Articles Second and Third of the 1836 Treaty, Article One of the 1855 Treaty, or are not now otherwise within Indian Country, as set forth below:

Beginning at the mouth of Grand River of Lake Michigan on the north bank thereof, and following up the same to the line called for in the first article of the Treaty of Chicago on the 29th of August, 1821, thence, in a direct line, to the head of Thunderbay River, thence with the line established by the Treaty of Saginaw on the 24th of September 1819, to the mouth of said river, thence northeast to the boundary line in Lake Huron between the United States and the British Provence of Upper Canada, thence northwestwardly, following the said line, as established by the commissioners acting under the Treaty of Ghent, through the straits, and river St. Mary's, to a point in Lake Superior north of the mouth of Gitchy Seebing, or Chocolate river, thence south to the mouth of said river and up its channel to the source thereof, thence, in a direct line to the head of the Skonawba river of Green bay, thence down the south bank of said river to its mouth, thence, in a direct line, through the ship channel into Green bay, to the outer part thereof, thence south to a point in Lake Michigan west of the north cape, or entrance of Grand river, and thence east to the place of beginning, at the cape aforesaid, comprehending all the lands and islands, within these limits, not hereinafter reserved.

1.02. Tribe or Tribes - The Little Traverse Bay Bands of Odawa Indians, the Little River Band of Ottawa Indians and the Grand Traverse Band of Ottawa and Chippewa Indians.

1.03. Tribal Members - Enrolled members of one of the Tribes.

1.04. Tribal Court - The Court of one of the Tribes.

1.05. Tribal License - A gathering, hunting, trapping, or fishing License issued by a Tribe to a Tribal member which is valid and current which authorizes him or her to hunt, trap, fish or gather in accordance with the provisions of this Code.

1.06. Personal Use - The use of natural resources for direct personal or family consumption by Tribal members as food, medicine, shelter, fuel, clothing, tools, or transportation; for making or selling handicraft articles including the commercial sale of such articles; or for barter. For purposes of this section, the term:

1. "Family" means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis;
2. "Handicraft articles" means articles produced, decorated or fashioned in the exercise of traditional Indian handicrafts such as carving, weaving, beading, pottery, drawing or painting, without the use of mass copying devices; and
3. "Barter" means the sale or exchange of natural resources or parts thereof for personal uses between Tribal members.

1.07. Commercial Purposes - The harvesting of a natural resource in which the resource harvested, or any portion thereof, is sold, but shall not include harvesting of a natural resource for personal use.

1.08. Endangered Species - Any species of wildlife or plant designated as rare or endangered by the Tribal Council, by the State of Michigan, or the United States Department of the Interior pursuant to 50 CFR Part 17.

1.10. Fishing Activity - Fishing for, catching, taking, or attempting to fish for, catch or take, any species of fish from treaty ceded waters, including all related activities which occur in or on the water, or immediately adjacent to the waters edge and in the process of loading or unloading fish, nets, or related gear, in or from a boat or vehicle.

1.11. Targeting - Fishing, hunting, trapping, or gathering activity which has the effect of catching or taking a specific species or several species of fish, wildlife, or plants.

1.12. Enforcement Officer - Any Tribal Enforcement Officer authorized by Tribal law to enforce Tribal conservation regulations, or federal enforcement agents, including Special Agent of the US Fish and Wildlife Service, or other persons deputized by the Tribal Council to enforce these regulations.

1.13. Regulations - These regulations including any subsequent amendments to these regulations and any separate Tribal treaty regulations enacted by a Tribe.

1.14. Game Fish - Brook trout, lake trout, splake, brown trout, rainbow (steelhead) trout, coho salmon, chinook salmon, Atlantic salmon, largemouth bass, smallmouth bass, rock bass, walleye, sauger, northern pike, muskellunge, tiger muskellunge, sturgeon, bluegill, sunfish, crappie, perch, lake whitefish, and round whitefish (menominee), and any other species of fish now or in the future present in the Ceded Territory which may be taken for food or sport.

1.16. Wild animals - all creatures, not human, wild by nature, endowed with sensation, and power of voluntary motion, which includes quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans, insects, and mollusks.

1.18. Small game - Ruffed grouse (partridge), woodcock, mourning dove, ring-neck pheasant, cottontail rabbit, snowshoe hair, grey squirrel, black squirrel, fox squirrel, red squirrel, quail, woodchuck, porcupine, sharptail grouse and crow.

1.20. Furbearer - Fur bearing animals including coyote, red fox, grey fox, bobcat, beaver, otter, muskrat, mink, weasel, skunk, raccoon, badger, and opossum.

1.21. Firearm - A weapon from which dangerous projectiles may be propelled by use of explosives, gas, or air as a means of propulsion.

1.22. Bow - A weapon constructed from wood, plastic, metal, or other material with a cord connecting the two ends when bent or strung, and by means of which an arrow is propelled when drawn and released by hand.

1.24. Transport or Transportation - Carrying or moving by any vehicle or vessel, causing to be carried or moved or attempting to do so, or accepting or receiving wild animals, plants, or fish, or any parts thereof.

1.26. Cased or encased - Storage of a firearm or bow in any device or case made to contain a firearm or bow so that no portion is exposed.

1.27. Migratory birds - Those birds included in the terms of the convention between the United States and any other country for the protection of migratory birds and for which open seasons are prescribed in these regulations, including ducks, geese, swans, doves, pigeons, rails, coots, gallinules, woodcock and snipe.

1.28. Amphibians and Reptiles - Bull frogs, green frogs, salamanders, snapping turtles and soft shelled turtles.

2.01. This Code shall govern all treaty hunting, fishing, trapping and gathering activities of Tribal members on lands and waters within the Ceded Territory. In addition, this Code is adopted by the Little River Band of Ottawa Indians to govern activities within the Ceded Territory and within Indian Country owned by, or held in trust for, the Little River Band of Ottawa Indians or members of the Little River Band of Ottawa Indians.

2.02. Open Areas. Tribal members may hunt, trap, fish and gather within the Ceded Territory and pursuant to the regulations contained in this Code, only on the following categories of lands and waters:

1. Lands and waters open to public hunting, trapping, fishing and gathering.
   
2. Tribal lands which are open to hunting, trapping, fishing and gathering by Tribal members; and
3. Private lands including without limitation lands held by non-Tribal members, lands held directly by Tribal members, lands held by Tribal members subject to restrictions on alienation and lands held by the United States in trust for Tribal members, but only with permission from the owner (or restricted fee or beneficial owner), occupant or lessee.

The geographic limits of each category of land and water, as defined in this subsection, open to licensed Tribal members shall be determined and delineated by Tribal regulation.

3.01. Any Tribal member twelve (12) years of age or older, who hunts, traps, or fishes within the Ceded Territory, while having under his/her control or immediate possession any firearm, bow and arrow, slingshot, trapping apparatus, or any other device capable of killing or restraining furbearers or game, shall have in his or her possession a valid and current Tribal License. Any Tribal member twelve (12) years of age or older who fishes or attempts to take any fish, reptiles or amphibians while having under his/her control or in his/her immediate possession any pole, reel, tip-up hand line, trap, seine, dip net or spear, shall have in his or her possession a valid and current Tribal License.

3.02. The License provided for in Section 3.01 shall be required to take, transport, or possess any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts thereof within the Ceded Territory and for the purpose of possessing or using firearms, bows, or trapping devices in the course thereof, provided however, that nothing herein contained shall be construed to allow the violation of any other provisions of the Tribal Code relating to the possession or use of any regulated gear.

3.03. No Tribal member under twelve (12) years of age shall be required to possess a Tribal License to fish, take reptiles or amphibians, or gather vegetation or minerals for personal use or use by his immediate family, however, those persons shall be required to follow all applicable Tribal regulations.

3.04. No Tribal member less than twelve (12) years of age shall be allowed to possess a Tribal License to hunt. Any Tribal member under (12) years of age may be issued a License to trap upon application signed by a parent or guardian provided that the member under 12 may not be authorized or allowed to have a firearm in his/her possession while trapping.
Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan

3.05. A Tribal Member must be at least fourteen (14) years of age to hunt big game with a firearm.

3.06. Any Tribal member who applies for a Tribal License to hunt any small game, big game, or furbearer shall either produce a previous License to hunt or trap from a Tribe or other lawful issuing agent within the State of Michigan or have successfully passed a recognized Hunters Safety Course.

3.07. Any Tribal member under sixteen (16) years of age, while hunting with a firearm, shall be accompanied by an adult who shall have in possession a valid Tribal or state License.

3.08. In addition to the Tribal license required by this section, Tribal members will be required to obtain annual harvest tags in order to hunt or trap certain species.

1. Annual harvest tags must be obtained from the Tribe in order to hunt deer, bear or wild turkey.
2. Annual harvest tags must be obtained from the Tribe in order to trap otter, badger and bobcat.

3.09. In addition to the Tribal license required by this section, Tribal members may also be required to obtain and carry in his or her possession, a valid and current Special Use Permit authorizing such member to hunt, trap, fish or gather.

3.10. Tribal License Not Required to Hunt, Trap or Fish Under State Law. Notwithstanding any other provision of this Section 3, a Tribal member is not required to possess a Tribal License to hunt, trap or fish within the Ceded Territory in compliance with the laws of the State of Michigan regulating seasons, bag and creel limits, size or sex of animals harvested, and the gear and methods of harvest, provided that such member has in his or her possession his or her Tribal enrollment card and a photographic identification card. Except for the Tribal License requirements of this Section 3, all other provisions of this Code or any regulations promulgated in accordance with this Code, including requirements prescribing biological assessment of harvest levels, shall remain applicable to a Tribal member hunting, trapping or fishing under this paragraph. No member who has not passed a recognized Hunters Safety Course shall hunt or trap under this paragraph.

3.11. Tribal License Exclusive. No Tribal member who complies with the applicable provisions of this Section 3 regarding possession of a Tribal License, harvest tag, special use permit, Tribal enrollment card and photographic identification card shall be required to purchase or possess a Michigan big game, small game, trapping, or fishing license when hunting, trapping, or fishing within the Ceded Territory, or when transporting or possessing any fish, game, furs, hides, amphibians or reptiles, or auxiliary parts of animals lawfully taken within the Ceded Territory, anywhere in the State of Michigan.

Section 4. Hunting and Trapping; General Provisions.

4.01. It shall be unlawful for any Tribal member to engage in the sale of the flesh of game.

4.02. Furbearers, big game, or small game lawfully taken by licensed Tribal members may be transported within or outside of the Ceded Territory provided that the member shall have a valid and current Tribal License in possession.

4.03. Shooting hours are one half hour before sunrise to sunset Eastern Standard Time (E.S.T.) including migratory birds. Fox, raccoon, and coyote may be hunted after sunset with use of dogs, or game call and artificial lights.

4.04. It shall be unlawful to hunt or pursue any furbearer, small game, waterfowl, or big game with automobile, motorcycle, ORV, airplane, snowmobile, motorboat, or any other motorized or wind powered vehicle or boat.

4.05. No furbearer, waterfowl, small game, or big game may be lawfully taken by use of explosive, drugs, poisons, medicated bait, or other deleterious substances.

4.06. It shall be unlawful to trap or snare big game animals.

4.07. It shall be unlawful to shoot furbearers, small, or big game while they are in the water.

4.08. Traps used for harvesting furbearers shall be either leg-hold, box type, or body gripping (conibear) type. It shall be unlawful to use snares except while trapping beaver, otter, or muskrat in the riparian corridor or submerged in streams or lakes.

4.09. All traps set shall be clearly marked with the Tribal License Number and name of the person who set the trap. All traps must be attended at least every 24 hours.

4.10. All bobcat, otter and badger taken by trap, and all hides, pelts, and furs thereof, shall be clearly marked with the Tribal License Number and the name of the person to whom it belongs within seventy two (72) hours of being taken.

4.11. It shall be lawful for Tribal Licensees to possess, sell, or use for barter, or transport any hides, furs, or pelts of furbearers, big game, or small game lawfully taken, including the sale of the flesh of beaver, raccoon, and muskrat.

4.12. All hides, furs, or pelts of furbearers either shot or trapped shall be presented to a Tribal Enforcement Officer for inspection and registration before they are shipped by common carrier, transported outside the Ceded Territory, or offered for sale or barter.

4.13. All Federal laws and regulations regarding the identification, sale, and transportation of hides, furs, or pelts of any furbearer apply to identification, sale or transportation under this Code.

4.14. It shall be unlawful to transport firearms in any motorized vehicle within the Ceded Territory unless they are unloaded and encased or unloaded in a trunk not accessible from the driver and passenger compartment of the vehicle. Bows must be unstrung or encased while being transported in a motorized vehicle. Muzzleloaders with caps removed or pan empty are unloaded.

4.15. It shall be unlawful to discharge any firearm, arrow, or projectile from a motorized vehicle. Provided, however, that it is lawful to shoot from a motorized boat as long as the motor is not running and foreword momentum has ceased, except for forward motion caused by the water current.

4.16. It shall be lawful to possess, in a humane way during trapping season, one coyote and two fox for the purpose of urine and droppings collection for trapping providing at least one member of the immediate family has a valid Tribal trapping license.

4.17 Seasons and Bag/Harvest Limits. The seasons and bag/harvest limits for taking small game, big game, furbearers, and turkeys, and for trapping furbearers specified in Section 1 shall be as determined by Tribal regulations.

5.01. No Tribal Member shall use in hunting, pursuing, or killing a wild animal, or to be in possession of in an area frequented by wild animals, any auto-loading or semi-automatic shotgun or rifle other than .22 caliber rimfire, capable of holding more than six (6) shells in both the chamber or magazine combined, or use cartridges containing either tracer or exploding bullet.

5.03. Tribal Members may use a bow and arrow to hunt deer, small game, furbearers, or bear from a tree or portable raised platform except from November 15 through November 30.

5.04. Tribal members may hunt from a portable raised platform or tree with game call for purpose of taking fox and coyote, except November 15 through November 30.

5.05. Unless otherwise specified in this Code or special Tribal regulations, no Tribal Member shall make use of artificial light, cage, net, trap, pit, pitfall, deadfall, snare, drug, poison, chemical, fire, smoke, gas, explosive, or mechanical device other than firearm or bow and arrow for the purpose of harvesting or killing big game or small game animals.

5.07. A Tribal Member may use salt and bait to hunt for bear or deer, provided no drugs or poisons are used.

5.08. Any firearm used in hunting big game other than wild turkey shall be a center fire rifle of .223 caliber or larger, muzzle loader of .40 caliber or larger, or shotgun using slug or buckshot.

5.09. Wild turkey may be hunted with a bow and arrow, or shotgun, or muzzle loading shotgun using number four (#4) shot or smaller.

5.10. Bow and arrow may be used to hunt both big game and small game, provided that a broadhead with a cutting surface of 1 inch (1") diameter may be used to hunt big game including wild turkey.

5.12. It shall be unlawful to hunt or trap with a firearm on any lands during daylight hunting hours from August 15 through April 30 unless 1 square foot of hunters orange is worn and visible from all sides. This does not apply to persons hunting waterfowl, crow, wild turkey, predators, nor bow hunters except during firearm deer season.

6.01. Any member twelve (12) years of age or older who hunts migratory birds within the Ceded Territory shall have in possession a valid Tribal License.

6.02. No Tribal Member under twelve years of age shall be allowed to possess a Tribal license or hunt migratory birds.

1. In addition to the violation of any of the provisions herein contained, or any other hunting regulation enacted now or in the future by a Tribal Council, the acts or omissions described below shall constitute misdemeanors. An Enforcement Officer may arrest a person(s) committing an offense and may seize or confiscate any migratory birds, firearms, bows, vessels, vehicles, and any associated paraphernalia used in hunting at the scene of the offense.
2. In addition to any punishment provided for upon the conviction of any misdemeanor, or any other offense described herein, or upon conviction for the violation of any regulation now enacted or herein after enacted with respect to hunting migratory birds by the Tribal Council, any person so convicted may have any hunting equipment or paraphernalia in his possession at the scene of the offense permanently confiscated. Also, the above said person(s) is/are subject to fines and incarceration as imposed by the Tribal Court.
3. It shall be unlawful to:
   1. Engage in any migratory bird hunting without first obtaining a Tribal license.
      
   2. Use or allow another person to make use of a Tribal license not his/her own.
      
   3. Engage in wanton destruction of migratory birds.
      
   4. Fail to make a reasonable effort to recover dead or wounded migratory birds.
      
   5. Take, possess, or transport, or aid, assist, or abet the taking, possession or transportation, of any migratory bird protected by Tribal or Federal law.
   6. Exceed established limits, or use prohibited means of taking migratory birds.
      
   7. Hunt while visibly impaired due to the consumption of alcohol or controlled substances.
      
   8. Refuse to produce a Tribal license or other identification upon request of an Enforcement Officer.
   9. Use fraud or perjury in procuring a Tribal license.
      
   10. Fail to allow the inspection of any migratory bird or bird part in possession upon demand of an Enforcement Officer.
   11. Harass or interfere with any legal licensed hunter.
       
   12. Shoot, attempt to shoot, or harm in any way any Endangered Species.
       
   13. Take migratory game birds with trap, snare, swivel gun, punt gun, battery gun, automatic fired weapon, shotgun with shells longer than 3.5", fish hook, poison, drug, or stupefying substance, or explosive.
   14. Take migratory birds with a shotgun of any description greater than 10 gauge and capable of holding more than three (3) shells, unless it is plugged with a one piece filler which is incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
   15. Use or be in possession of any shot other than steel to take migratory birds; provided, however, that it shall be legal to hunt woodcock with shot rather than steel.
   16. Hunt migratory birds from or by means or use of a sinkbox, or other low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water.
   17. Use any rim fire, center fire, or muzzleloading rifle to take migratory birds.
   18. Pursue migratory birds from a motor boat, or any other craft having a motor attached, or sailboat unless the motor is completely off, and/or the sails are unfurled, or by means of any motorized land or air conveyance.
   19. Use any land, water, or air conveyance to drive, concentrate, or disperse migratory birds.
   20. Use or attempt to use bait, or hunt on or near a baited area. Baiting for migratory birds shall mean the use and distribution of any grain, meals, salt, or other feed whatsoever so as to lure or attract such birds; and a place or locale which has been baited may be considered baited for ten days after such bait has been removed. Provided, however, that it shall be legal to hunt migratory game birds in agricultural fields where crops are standing, or have been harvested as a part of normal agricultural operational procedures, or grown for wildlife management, provided that the seeds and grains are not scattered or redistributed once the crop has been harvested.
   21. Violate any Federal law pertaining to 50 CFR Part 20 dealing with hunting migratory birds.

6.06. Seasons and Bag Limits. The season and bag limits for the taking of migratory birds shall be subject to the provisions of the Migratory Bird Treaty Act, 16, U.S.C. secs. 703 to 711, and regulations promulgated pursuant thereto set forth at 50 C.F.R. Part 20.

7.01. It shall be lawful for Tribal Members to gather and use vegetation and minerals for the construction of traditional crafts, handicraft articles, medicines, and food, subject to the following regulations.

7.03. For any gathering of vegetative or mineral material a Tribal member must acquire a Special Use Permit from his/her Tribe pursuant to Tribal regulations. Provided, that no permit is required to gather fruit, fungi and nuts.

7.04. It shall be unlawful to gather, collect, or be in possession of any vegetation or parts of any threatened or Endangered Species.

8.01. Any Tribal member twelve (12) years of age or older who fishes within the Ceded Territory shall have in possession a Tribal license. No license is required for a Tribal member less than twelve (12) years of age, but all regulations contained in this Code shall apply.

8.02. Methods and Gear Restrictions.

1. The use of poles, reels, tip-ups, and hand lines is lawful for use while fishing.
   
2. Seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet are legal for smelt on the Great Lakes, inland lakes and 100 yards upstream on all tributaries and connecting waters of the Great Lakes.
3. Bait fish may be taken by traps, seines up to thirty feet (30') by three feet (3') and dip nets up to nine (9) square feet.
4. Individual hook and line fishing is limited to four (4) lines per person with two (2) hooks per line. Ice fishing is limited to eight (8) tip ups and one (1) pole or hand line per licensee.
5. Fixed ice shanties must have the owner's name, address and Tribal license number permanently affixed on all sides with letters at least two inches (2") high. Shanties must be removed when the ice is unsafe.
6. Fishing with a spear, bow and arrow, or dip net, is permitted on any streams, lakes and rivers subject to the season, size and creel limits and other restrictions imposed by Tribal regulations and pursuant to a Special Use Permit issued under Section 11 of this Ordinance. Provided that spearing is only permitted for white fish, trout (including steelhead), northern pike, walleye, herring, menominee, suckers, carp, drum, bass, muskellunge, buffalo, salmon and sauger.
7. A single large or small mesh gill net not to exceed 300 feet in length may be permitted pursuant to a Special Use Permit issued under Section 11 of this Ordinance, except in the St. Mary's River System, a single gill net shall not exceed 100 feet in length; a subsistence fisher is prohibited from tying together single gill nets to form a gang of nets. As used in this subsection, "large mesh gill net" means a gill net having a diagonal stretch measure of 4%2 inches or greater. "Small mesh gill net" means a gill net having a diagonal stretch measure of 2%2 inches through 3 inches.

1. Use explosives, drugs, poisons, lime, medicated bait, or other deleterious substances to take or attempt to take fish.
2. Drive or harass fish into nets.
   
3. Use firearms to take or attempt to take fish.
   
4. Use gill nets, trap nets, seines or gorge to take fish, except as allowed for bait fish under section 8.02(C), for smelt under section 8.02(B), or under 8.02(G).
5. Use a snag hook to take or attempt to take fish.
   
6. Destroy or waste of fish.
   
7. Harass or impede another fisherman or boater.
   
8. Take fish for the sole purpose of egg (spawn) collection.
   
9. Take any species of game fish determined to be rare or endangered by the Fish and Wildlife Service or the Tribal Council.

8.04. Seasons and Creel Limits for Fish Harvest. The seasons and creel limits for the taking of the various fish species specified in Section 1.14 shall be as determined by Tribal regulations.

9.01. Amphibians. Amphibians may be taken the last Saturday in May through November 15 with no size limit. Not more than fifty (50) of each species shall be taken per day and not more than one hundred (100) of any species may be in possession at any given time.

9.02. Reptiles. Snapping turtles and soft shelled turtles may be taken throughout the year without limitation on numbers. No snapping turtle less than 8" of carapace may be taken.

9.03. Equipment. Taking of amphibians and reptiles may be done by hand, trap, dip nets, seines, and hook and line. Frogs may be speared, but not with artificial light. 9.04. Taking of amphibians and reptiles shall be for personal use only.


Section 10. Biological Assessment and Monitoring.

10.01. To conduct biological assessment, habitat evaluation, or other biological study, upon recommendation of the Biological Services or Conservation Program to the Tribal Council, the Tribal Council may require that furbearers, small game, big game, migratory birds, fish, reptiles, amphibians or the habitats of any of them within the Ceded Territory shall be subject to reasonable biological assessment. The purpose of such
assessment is to insure the long range management of these species and their environs, or to make modifications, or changes to the existing regulations or any future regulations as necessary to foster such management.

10.02. Monitoring. It shall be the duty of Tribal biologists to monitor all take of game, fish, furbearers, migratory birds, reptiles, amphibians and plants and the natural growth harvest of migratory birds through the receipt of catch reports, through gamebag checks, patrols, jawbone retrieval and mail surveys.

11.01 . Except as provided in paragraphs 11.02 and 11.03, nothing in this Code shall prohibit the harvest or use of any natural resource by Tribal members for religious or ceremonial purposes or for consumption by Tribal elders.

11.02. No Tribal members shall harvest out of season a natural resource for religious or ceremonial purposes or for consumption by Tribal elders without a Special Use Permit from the Tribe. It shall be a violation of these regulations to fail to comply with the terms and conditions of any such Special Use Permit.

11.03. In reviewing and taking action on a request for any Special Use Permit, a Tribe shall take into account the biological impact of the harvest and include such terms and conditions as may be necessary to protect the resource and shall ensure compliance with all applicable law.

12.01. No animal shall be taken, or plant or mineral gathered, by any Tribal member for any purpose except as allowed for in this Code or by Special Use Permit issued by a Tribe under this Code.

12.02. Nothing in this Code shall be construed to prohibit the possession or use of any species of plant or animal by a Tribal member for religious purposes.

12.03. If a Tribal member finds a dead eagle, hawk, fur bearer, or any Endangered Species, the member shall report the finding as soon as possible to the Tribal Biological Services or Conservation Department. The member shall leave it and direct the appropriate Tribal authority to the place where the carcass was found. After inspection of the scene, the Tribal Enforcement Officer or any officer deputized by the Tribal Council shall take a sworn statement from the Tribal member regarding the circumstances under which the carcass was found. The Enforcement Officer shall then deliver the carcass to the appropriate Tribal authority for shipment to the appropriate agency.

12.04. Each Tribe shall maintain a repository to keep parts of eagles, hawks, furbearers and any Endangered Species from species either taken in violation of this Code or other applicable Tribal law or acquired pursuant to section 12.03. Tribal members may request in writing animal parts from the repository for religious purposes. Each Tribe will develop regulations to process such requests so that items in the repository can be distributed to Tribal members in a fair and efficient manner. The Tribes may issue possession licenses if needed to protect Tribal members from non-Tribal law enforcement agencies.

Section 13. Offenses.

13.01. In addition to the violation of any of the provisions herein contained, or any other fishing, hunting, trapping or gathering regulation now or in the future enacted by a Tribal Council, the acts or omissions described in section 13.04 constitute misdemeanors. An Enforcement Officer or any officer deputized by a Tribal Council may arrest those person(s) committing the offense and may seize or confiscate any fish, reptiles, amphibians, game, furbearers, hides, vehicles, vessels, firearms, bows, traps, nets, lines, and any associated paraphernalia used in fishing, hunting, trapping or gathering to be turned over to the Tribal Court of the offender.

13.02. In addition to any punishment provided for upon the conviction for violations of any provisions of this Code, or of the violation of any regulation now or in the future enacted with respect to fishing, hunting, trapping or gathering activities by the Tribal Council, any person so convicted may have any fishing, hunting, trapping or gathering equipment or paraphernalia in his possession at the scene of the offense permanently confiscated, and may also be subject to fines and incarceration as imposed by the Tribal Court.

13.03. It shall be no defense in any criminal or civil prosecution under this Code, pertaining to hunting, fishing, trapping, or gathering for a Tribal member to claim a lack of awareness or understanding of law or regulations. A conviction upon a violation of any of the provisions of this Code shall constitute a conviction of a misdemeanor or civil offense.

1. Engage in any fishing, hunting or trapping without first obtaining a Tribal License, harvest tag, special use permit, Tribal enrollment card or photographic identification card when required under this Code.
2. Use or allow another person to make use of a Tribal License not his/her own.
3. Engage in wanton destruction or waste of fish, game, reptiles or amphibians.
4. Take, possess, or transport, or aid, assist, or abet the same, of any game protected by Tribal Council or Federal law.
5. Exceed established limits, or use prohibited means of taking game, fish, reptiles or amphibians.
6. Hunt, fish or trap while visibly impaired due to the consumption of alcohol or controlled substances.
7. Refuse to produce a Tribal license, permit or other identification upon the request of an Enforcement Officer.
8. Engage in fraud or perjury in procuring a Tribal license.
   
9. Refuse to allow inspection of any game, fish, reptiles, amphibians, hides, pelts, or furs in possession upon request of an Enforcement Officer.
10. Harass or interfere with any legal licensed person fishing, hunting or trapping.
    
11. Engage in any fishing, hunting or trapping without first obtaining a Special Use Permit when the same is required under this Code or by Tribal regulation.
12. Exceed established limits, or prohibited means of taking game, fish, reptiles or amphibians or violate any other terms or conditions contained in any Special Use Permit.

13.05. Any Tribal Member shooting, attempting to shoot, trapping, or attempting to trap, or to harm in any way, any Threatened, or Endangered Species will be held by Enforcement Officers until taken into custody by Federal officials for violation of Federal law.

13.06. Any Tribal Member who is a convicted felon must apply for a variance to possess or use a center fire shotgun or rifle, or handgun under 18 USC § Chapter 44. 922 G1. A Board of Review shall be composed from a member of the Tribal Council, Tribal Law Enforcement Officer, a Tribal Conservation Enforcement Officer, and the Tribal Prosecutor. This does not apply to use of bow and arrow or muzzle loading black powder firearms.

Section 14. Fines and Penalties.

14.01. Any licenses or permits authorized by this Code may be suspended or revoked by the Tribe.

14.02. Any violation of the regulations contained in this Code, or of the regulations established by the Tribe regarding gathering, season, bag and creel limits, or restrictions on method or matter of gathering, or taking, game or fish shall be tried before the Tribal Court under such procedures as are prescribed by the Tribe.

14.03. The following are the minimum penalties for the first offense for a member found guilty of killing, wounding, catching, taking or trapping, or attempting to catch, take, or trap, or possessing any of the following named protected fish, game or furbearers, or any parts thereof in violation of any of the provisions of this Code:

1. Any Endangered Species or any species determined to be threatened or endangered by a Tribal Council - $1,000.00
2. Any elk or bear - $500.00
   
3. Any deer or wild turkey - $250.00
   
4. Any beaver, mink, otter, badger, or bobcat - $100.00
5. Any rabbit, muskrat, squirrel, or raccoon - $30.00
6. Any ruffed grouse, woodcock, morning dove, ringneck pheasant, quail or sharptail grouse - $30.00
7. Any waterfowl - $50.00
   
8. Any Sturgeon, Muskellunge, Tiger Muskellunge, or grayling - $100.00
   
9. Any Lake Trout, Brown trout, Rainbow trout, brook trout, Largemouth bass, Smallmouth bass, Walleye, Northern pike, whitefish, Menominee whitefish - $50.00
10. Any fish or game animal not named - $25.00

14.04. Repeat offenders may be fined up to $5,000.00 and/or incarcerated for up to one (1) year, and or lose
hunting, trapping or fishing privileges, at the discretion of the Tribal Court.

Uniform Conservation Code of the Ottawa and Chippewa Indians of Northern Michigan
Ordinance # 96-500-02
Amended - January 26,1997
Updated: June 6, 2001(10:36am)

1. Dumping Prohibited. It shall be unlawful for any person, firm, corporation or government entity to place, leave, dump or permit the accumulation of solid waste, including (but not limited to) garbage, rubbish or trash within any building or on any premises within the boundaries of the reservation, except in garbage cans and other containers for the purpose of collection by an authorized collection agency or at an approved disposal site. It shall also be unlawful for any person, firm, corporation or government entity to cause any action prohibited by this section.

2. Permit Required. No person, firm, corporation, or government entity may operate a landfill or sold waste disposal site or operate a solid waste collection system unless he has obtained a permit for such operation from the Natural Resource Commission of the Little River Band of Ottawa Indians.

3. Civil Offenses; Penalties. Any person, firm, corporation or government entity who violates this ordinance shall be fined a minimum of $250.00 per offense or be subject to imprisonment in jail, or both upon conviction in Tribal Court of the Little River Band of Ottawa Indians. In addition, any person, firm, corporation or government entity in violation of this ordinance may be required to fulfill a community service period, during which they will assist in collection of trash and litter on the Reservation.

Solid Waste Ordinance
Ordinance # 96-08
Adopted - September 8,1996
Updated: June 6, 2001(10;36am)

ESTABLISHING INTERIM LAND-USE RESTRICTIONS FOR TRIBAL LANDS, DESIGNATING CERTAIN TRIBAL LANDS AS "CLOSED" TO NONMEMBER USE, AND PRESCRIBING PENALTIES FOR VIOLATIONS OF THAT PROHIBITION

WHEREAS, the Little River Band of Ottawa Indians is a federally recognized tribe, as reaffirmed under P.L. 103-324, enacted on September 21,1994, with property rights secured to it under the 1836 Treaty of Washington (7 Stat. 491) and the 185 5 Treaty of Detroit (11 Stat. 621); and

WHEREAS, the Little River Band of Ottawa Indians is descended from, and is the political successor to, Grand River Ottawa Bands which were signatories of the 1836 Treaty of Washington (7 Stat. 491), as reaffirmed under P.L.103-324, enacted on September 21,1994; and

WHEREAS, the Tribal Council, pursuant to Article IV, Section 7(a) of the Tribal Constitution, is invested with the inherent power to govern the conduct of members of the Tribe and other persons within its jurisdiction; and

WHEREAS, the Tribe, as an incident of its inherent sovereignty, is entitled to exclude non-members from Reservation lands over which the Tribe exercises jurisdiction, or to permit nonmembers to access Tribal lands subject to terms and conditions that are prescribed by the Tribe; and

WHEREAS, certain Tribal lands have been opened for camping, hunting, trapping, gathering and fishing activities by Tribal members; and

WHEREAS, the Tribal Council has, pursuant to Resolution No. #00-0925-01, authorized the Natural Resource Commission to issue Special Trespass Permits to certain nonmembers, who are "immediate family" of Tribal Members; and

WHEREAS, the Tribal Council finds that, in absence of a comprehensive system of land-use regulations and controls, there is a need to establish land-use restrictions on Tribal lands, and that a general prohibition of nonmember use of, or access to, Tribal lands, is necessary to protect the public welfare, peace and safety of the Tribe and Tribal members.

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Little River Band of Ottawa Indians hereby adopts the following land use regulations for Tribal lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians:

1. Designation of "Open" and "Closed"Areas. The following lands held in trust for, or owned in fee by, the Little River Band of Ottawa Indians, are declared to be "Closed" to the general public:
   1. All trust and fee-owned lands of the Tribe within Mason County;
      
   2. All trust and fee-owned lands of the Tribe within Brown and Dickson Townships in Manistee County;
   3. All trust and fee-owned lands of the Tribe Within Manistee Township and the City of Manistee, with the exception of the following properties:
      
      1. Little River Casino Resort buildings and parking areas;
      2. Tribal Administrative Offices;
      3. Little River Band Community Center;
      4. Little River Health Center;
      5. National City Bank Building;
         
      6. Natural Resource Commission/Gaming Commission Offices in Eastlake; and
      7. Pow-Wow Grounds during announced events open to the public.
2. Authorized Uses by Tribal Members. All "Closed" areas designated in paragraph (a) of this Resolution shall be open to use by Tribal members and "immediate family", as defined in Resolution No. #00-0925-01, for the purpose of camping, hunting, trapping, gathering, fishing and hiking off, provided those persons possess all license(s) and pen-nits required for such activities.
3. Violation of "Closed "Area Limitations. Any person who is not eligible to possess, and does not possess, a Special Trespass Permit issued under the authority of Resolution No. #00-0925-01, and who enters upon trust or fee-owned lands of the Little River Band of Ottawa that have been declared "Closed" under this Resolution, other than agents, employees or sub-contractors of the Tribe acting in the course of their employment or contractual duties, shall be deemed in a trespass.
4. Enforcement of "Closed "Areas. In enforcing the prohibition against nonmember use of, or access to, Tribal lands, Tribal Law Enforcement Officers shall provide unauthorized persons with a "written warning" for violations occurring after the effective date of this Resolution. Persons trespassing upon Tribal lands after receiving a "written warning" shall be deemed to have committed an "intentional trespass" and shall be cited for a civil infraction and shall forfeit a minimum of $250.00 and any equipment used in connection with such violation may be subject to forfeiture. The Tribal Prosecutor, or any duly sworn Tribal Law Enforcement Officer, is authorized to commence proceedings on any civil infraction by the issuance of either a citation or a summons and complaint. In either case the initiating papers shall inform the defendant of the requirements of this Resolution and Resolution No. #00-0925-01, the substance of the violation alleged to have occurred, the maximum forfeiture which can be imposed for the violation, and the date, time, and place where he/she is commanded to answer.
5. Publication of "Closed "Area Limitations. The Tribal Council Recorder and Natural Resource Commission shall publish notice of the general prohibition against nonmember trespass on Tribal lands, together with the penalties prescribed for any trespass, in newspapers of general circulation in Manistee and Mason Counties.
6. This Resolution shall take immediate effect and shall remain in full force and effect until expressly repealed or modified by subsequent Resolution or Ordinance.
7. The Tribal Ogema shall be authorized to promulgate any rules and regulations as may be necessary to implement this Resolution.
8. Severability. If any section, or any part hereof, of this Resolution or application to any party, person or entity in any circumstance shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of this section or part of this Resolution shall not be affected and shall remain in full force and effect as though no section or part has been declared invalid.

Establishing Interim Land use Restrictions for Tribal Lands, Designating Certain Tribal Lands as "Closed" to Nonmember Use, and Prescribing
Penalties for Violations of That Prohibition
Resolution # 00-1006-01
Adopted - October 6, 2000
Updated: June 6, 2001(10:36am)

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Little River Band of Ottawa Indians will strive to treat all employees fairly with regard to terminations. In general, employees will only be terminated for cause; however, the Tribe is an at-will employer and Employees may be discharged as such without cause.

Revised Edition - Council Approval April 24, 2000 Reprinted Oct. 15,1998

Please read the approved Personnel Policies manual at your earliest convenience. It is the official policy of the Tribe. These comments are just an informal orientation to the way we do things.

There are parking spaces available to each office on a first-come first-served basis. If you do not have a handicapped permit, be careful to avoid parking in a handicapper space. The Tribe will not be responsible for any parking tickets.

Unless otherwise arranged, all employees are expected to work from 8:00 a.m. through 5:00 p.m., with an hour off for lunch. If you expect to be late for work, call your supervisor as soon as possible.

For better service to our membership, be sure to let the receptionist know when you are not available (such as at lunch time). Each office is expected to have someone answering the telephones during lunchtime.

Because of the number of phone calls received, the receptionist may not be able to announce your phone calls to you. This means that you might be talking to a member, client, vendor, or anyone from the general public when you pick up your phone. Be careful to be polite at all times, and please identify yourself. A suggested opening line is, "Good morning, this is (your name). May I help you?" (As opposed to just answering, "Hello?"). Also, please try to answer the telephone before the fourth ring - even if it is not your phone.

Telephones are provided for business purposes. If you must make a personal call, please keep it short. Long distance calls should be billed to your home phone or your own phone credit card, not to the office: we do not want to bill you or withhold from your paycheck.

The copy machines are provided for business purposes. Each program pays for its copies on a per-copy basis, according to a log of copies made which is kept at each copy machine. Copies for personal use are allowed on a limited basis: please do not abuse this privilege.

Information about our employees is expected to be kept confidential. This includes a person's whereabouts (meeting, doctor's office, barbershop, restroom!), their home phone number, marital status, address, etc. If someone is calling for a reference, turn the call over to the office manager or the Tribal manager who will notify the employee of the inquiry and obtain permission before giving out any data.

Paychecks are normally written on Monday to pay for the previous week, which ends on Friday. The personnel policy allows the paychecks to be written later, but they are written earlier for your convenience. In exchange, you are expected to prepare time sheets for approval by your supervisor on Friday afternoon. Failure to submit a time sheet in a timely fashion may result in your waiting until the next Monday for your paycheck.

Be sure to review the purchasing policies and procedures if you need any materials. Note that only the purchasing agent (office manager) is allowed to order goods to be charged to the Tribe. You may not incur expenses on behalf of the Tribe without approval from the purchasing agent. This includes photo finishing, office supplies, and any other items. If you receive calls from vendors trying to get you to order any kind of goods or services (light bulbs, copier toner, letterhead, business cards, pens, paper, fire extinguishers, long distance service, and cleaning supplies are some of the more notorious items), refer the calls to the purchasing agent or the controller.

Pre-approved expenses, which are incurred in the course of your employment, are normally reimbursed once a week with your paycheck, assuming that the check request was received in the accounting office in a timely fashion. The Tribal Manager may approve an unscheduled payment for you if necessary, but you might need to hand-deliver the check to a check-signer yourself. This means that you might need to justify the unscheduled payment personally to the Tribal Council member.

If you find yourself in possession of an invoice from a vendor or some other item that requires payment by the Tribe, be sure to turn it over to the office manager as soon as possible. It reflects poorly on the organization if bills are unpaid because they are lost.

Please avoid handwriting envelopes and correspondence, and familiarize yourself with the US Postal Service standards for addressing envelopes. While all employees are expected to have the necessary skills to prepare their own correspondence, we would rather help you write a letter or report than have you submit a substandard document to the outside.

If you need help filling out expense reports, check requests, time sheets, or other forms, please contact the controller for assistance. You may also contact him or the office manager for assistance in the use of computers, printers and other office equipment.

CHAPTER I

Reprinted Oct. 15,1998

1.1. Tribal History

The Little River Band of Ottawa Indians are the descendants of and political successors to nine historical Ottawa bands whose leaders were signatories to the Treaties of March 28,1836 and July 31,1855. Our people have existed in Michigan from historical times to the present within separate autonomous bands that inhabited a territory extending from the Manistee River South to the Grand River in the Western Lower Peninsula of Michigan.

This manual defines the policies and procedures for employment with the Little River Band of Ottawa Indians. These policies and procedures are designed to promote a better understanding of the rights, privileges and responsibilities of employment with the Little River Band. They are also intended to establish a merit-based, uniform system for personnel administration that is designed to promote the quality and efficiency of service for the Tribal government and its members.

The policies set forth in this manual are not intended to create contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the LRBOI and any of its employees.

The following policies and procedures have been authorized by the Tribal Council of the Little River Band of Ottawa Indians, and shall apply to all positions in the Tribal government. This manual was adopted by Tribal Council action on December 14,1997, and is in effect until the Tribal Council directs otherwise.

The Tribal Council may, at any time, abolish, change or otherwise amend these policies and procedures. Any such action will be posted, with its effective date and written notice shall be given by the Tribal Council to every employee.

The Tribal Council of the Little River Band of Ottawa Indians is authorized to represent and provide leadership responsibilities on behalf of the Tribe's members, according to the terms and limitations defined in the Tribal Constitution.

The Tribal Council has delegated the Tribal Manager to implement and administer these personnel policies and procedures. The Tribal Manager is responsible for day-to-day administration of Tribal programs and services, and for carrying out any and all administrative duties as may be delegated by the Tribal Council. At some future date, the Tribal Council may authorize the appointment of a Personnel Director to administer these policies and procedures.

All policies and procedures in this document apply to all classified Tribal positions. The classified service shall include all positions except those listed below:

1. Tribal Council members and other Tribal officers elected by popular vote and persons appointed to fill vacancies in such elected offices.
2. Individuals or organizations hired by the Tribal Council under contract.
3. Tribal judges when acting in an official capacity.
4. Employees of Tribal business enterprises.
   

CHAPTER II

Reprinted June 22,1999

Recruitment, Selection and Appointment

2.1. Policy

It shall be the policy of the Little River Band of Ottawa Indians (LRBOI) to recruit and select the most qualified persons for employment. Recruitment and selection will be conducted to provide open competition and equal employment opportunity.

Except as stated in Section 2.3, it shall be the policy of the Little River Band of Ottawa Indians to prohibit discrimination in recruitment, selection, appointment, training, including apprenticeship, compensation, promotion or transfer, discipline, retention or any other aspect of personnel administration because of political or religious affiliation, marital status, race, national origin or other non-merit factors. No person shall be discriminated against because of age, sex, or physical disability in any conditions of employment except where age, sex, or freedom from physical disabilities constitute a bona fide occupational qualification.

Purpose: In accordance with provisions of the Indian Preference Act (Title 25, US Code, Section 472 and 473), the Little River Band of Ottawa Indians has established a Native American Preference Policy, which requires that preference in employment and promotion be given first to enrolled Tribal members. In order to receive this preference, individuals must provide documentation or proof of Tribal enrollment at the time of application and must be determined to meet the minimum qualifications for the position(s) identified in the job description(s). Tribal members wishing to take full advantage of the employment preference accorded under this provision must fully and accurately inform Little River Band of Ottawa Indians of their enrollment status and qualifications at the time of application and on an ongoing basis. The next order of preference will be given to children and spouses of enrolled members of the Little River Band of Ottawa Indians. Preference is next given to enrolled members of other Indian Tribes.

"Descendants " means those persons who are the biological issue of an ancestor who is an enrolled member of the Little River Band of Ottawa Indians; namely, the children, grandchildren, etc.

"Employment" includes but is not limited to, the recruitment, hiring, promotion, transfer, training, upgrading, reduction-in-force, retention and recall of employees. "Employment Preference" means a preference given to Tribal members, a Tribal member's spouse and descendants, or other Native Americans in employment decisions when choosing between two or more applicants or employees possessing the necessary qualifications for a position. Application of the Employment Preference requires that a position, promotion or training opportunity. In administering this policy, no allowances will be made for members who fail to perform their required duties and seek to utilize tribal preference to escape discipline. All promotions and transfers of existing employees will be based upon employees' qualifications and work record, along with the Employment Preference. Tribal members with good past work records will be selected for open positions for which they qualify over tribal members with poor past work records. Employees who left the organization on good terms may be considered for re-hire before those with unknown or less than satisfactory past work records.

"Equal prospect of Success in a Position" means that two or more candidates can successfully perform the responsibilities associated with a position, as defined in the job description for that position. Unless the "necessary qualifications" established for a position requires the applicant to possess certain degrees, licenses or experience immediately as of the date of hire, the term "equal prospect of success in a position requires that preference be given to Tribal members who can reasonably be expected to successfully perform the responsibilities associated with the position within a reasonable period of time following his/her date of hire. In general, it is expected that persons hired for any position will obtain the skills necessary to fully assume the responsibilities associated with a position before the end of his/her 90-day probationary period.

"Necessary Qualifications" means those job-related qualifications which are essential to the performance of the basic responsibilities designated for each employment position, including any essential qualifications concerning education, training, and job-related experience, but excluding any qualifications relating to ability or aptitude to learn and perform responsibilities in other positions.

Recruitment: To the extent practical given the available funding for this purpose, the Tribe's Human Resource Department shall develop and maintain a list of Tribal members employment and education histories so that qualified Tribal members can be targeted in recruitment efforts. The Tribal Human Resource Department shall consult with the Tribe's Education Department to identify Tribal members with education or experience which relates to positions being filled. Every reasonable effort shall be made to assure notification of all Tribal member households of all open positions through the Tribal newsletter or direct mailings. If no Tribal members apply for a particular position open and implement additional steps to recruit Tribal members.

The efforts undertaken, the time periods allowed for such efforts and the results obtained from such efforts undertaken to recruit Tribal members for all positions shall be documented by the Human Resource Department and reported to the Tribal Ogema and the Council at least every six (6) months.

Application of Preference: When two or more candidates possess the necessary qualifications for a position and appear to have an equal prospect of success in the position, the following hierarchy shall be applied in administering the employment preference established by this Act:

1. Enrolled members of the Little River Band of Ottawa Indians;
2. Spouses and descendants of enrolled members of the Little River Band of Ottawa Indians;
3. Enrolled members of other federally-recognized Indian tribes and other Native American persons with at least one-quarter Indian blood;
4. All other persons.

Each applicant wishing to claim entitlement to the employment preference established by the policy has an obligation to provide the Human Resource Department with documentary proof of Tribal enrollment, status as a Descendant, or Indian blood quantum at the time of application.

2.4. Nepotism

Preferential consideration will not be extended to applicants based on family ties to past or current employees or Tribal Council members. No employee, Tribal Council member, or committee member may participate in the screening, interview, or actual selection of an immediate family member or member of the same household. The term "immediate family" for any purpose shall be defined as follows:

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