Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
[2003]
Section 50.1
Any general regulative act affecting the civil or property rights of the community proposed for enactment by the Council, shall first be the subject of a motion passed by the Council, whereupon such motion including a brief of the proposed resolution or ordinance shall be publicized by Councilmen themselves and by written notices posted in public places within the community for a period of not less than fourteen (14) days prior to the Council meeting at which final action on the given measure shall be taken.
Section 50.2
It shall be the right of any member of the Community to attend regular meetings of the Council and to be heard from the floor upon recognition by the Chairman; and it is further provided, that in the event the Chairman should deny the floor to any such member, the Council shall by a vote decide the question of allowing said member to be heard.
Section 50.3
The Council, by a majority vote, may summarily remove a member of any committee or other officer appointed by the committee for neglect of duty or malfeasance in office.
Section 50.4
The vote of the Council in the passing of motions, adoption of resolutions, and enactment of ordinances shall be taken in the following manner: Motions - by acclamation; Resolutions - by show of hands; Ordinance - by secret ballot; Provided, however, that the Chairman may require a vote by roll call in any case for the purposes of an accurate count or the record.
Section 50.5
It shall be the duty of the Tribal Council at semi-annual meetings with members of the Community to report on the progress of programs during the half year proceeding, and to present its definite program proposed for the ensuing half-year. Full opportunity shall be given to the members of the Community to discuss these two reports in order that the Council may be guided thereby.
Section 50.6
The Council shall regularly, following meetings, post at the community headquarters, a copy of motions, resolutions and ordinances adopted by the Council, in order that all members of the community may be informed on the nature of the tribal business transacted.
Section 50.7
All Council meetings and Semiannual meetings shall be held at the established headquarters of the Community. Council Members must be physically present at meeting(s) in order to participate. Absent Council Members may submit their comments in writing, but are not permitted to otherwise participate via telecommunications or other electronic mediums.
Section 50.8
It shall be the policy of the Council, pursuant to Article VII of the Tribal Constitution, to conduct all negotiations on behalf of the Community with outside persons or agencies, and accordingly the Council will not assume responsibility for any direct communications or negotiations between members of the Community and outside persons or agencies.
Section 50.9 Regular Council Meetings
(A) Regular Council meetings shall be held on the first and third Tuesday every month. Council may adopt ordinances, adopt resolutions, pass motions, or conduct any other Tribal business at regular meetings.
(B) If the Tribal president, and in the President’s absence, the Vice President determines that it is in the best interest of the Community to reschedule the regular meeting, the rescheduled meeting time and place shall be posted at the time the decision to reschedule is made, and at least 24 hours prior to the rescheduled meeting. Rescheduled meetings shall take place within one week of the scheduled regular meeting.
(C) Determining that it is in the best interests of the Community to reschedule regular meetings generally include severe weather, expected lack of quorum, or the scheduled regular meeting falling on or near a holiday.
Section 50.10 Special Council Meetings
(A) The Tribal President, and in the President’s absence, the Vice President may call Special Council meetings from time to time. Council may adopt ordinances, adopt resolutions, pass motions, or conduct any other Tribal business at special meetings, provided that any applicable posting requirements have been met.
(B) If the Tribal President, and in the President’s absence, the Vice President determines that it is in the best interest of the Community to hold a special meeting, the special meeting time and place shall be posted at the time the decision is made and at least 48 hours prior to the special meeting.
(C) Determining that it is in the best interests of the Community to hold a special meeting usually include issues that are not of an emergency nature, involve a considerable amount of time, issues that pertain to one or a few departments, or other factors that generally would make the regular council meeting unnecessarily lengthy.
Section 50.11 Emergency Council Meetings
(A) The Tribal President, and in the President’s absence, the Vice President may call Emergency Council meetings from time to time. Emergency Council meetings shall be considered a form of a Special Council meeting. Council may adopt resolutions, pass motions, or conduct other Tribal business at emergency meetings. Ordinances shall not be adopted at emergency meetings.
(B) If the Tribal President, and in the President’s absence, the Vice President determines that it is in the best interest of the Community to hold an emergency meeting, the emergency meeting time and place shall be posted at the time the decision is made at least 24 hours prior to the emergency meeting.
(C) Determining that it is in the best interests of the Community to hold an emergency meeting usually will include issues that cannot wait until the regular council meeting, such as employment decisions, signing time sensitive contracts, political decisions at the state and federal levels, and other time sensitive issues.
(D) The 24-hour posting may be waived if the Tribal President, or in the President’s absence, the Vice President determines that a substantial loss of funding or revenue will likely result if a contract or grant is not signed within 24 hours. The 24 hour posting may be waived if the Tribal President, or in the President’s absence, the Vice President determines that a Community emergency requires immediate attention and that waiting 24 hours will likely result in harm to the Community.
Section 50.12
This ordinance shall be subject to amendment or the addition of further provisions, by resolutions of the Council, any such additions or changes to be incorporated as a part of this ordinance.
INFORMAL HEARING PROCESS
I. Designated Chairman of hearing opens hearing and asks those present to identify themselves.
II. Party making complaint (complainant) states views or charges
III. Party complained about (defendant) states view or answers charges
IV. Questioning and/or discussion between parties and Tribal Council
V Defendant has right to ask questions of complainant and vice-versa
VI. Closing statements asked for by Chairman
VII. Chairman recesses hearing
VIII. Tribal Council enters executive session for discussion purpose
IX. Chairman re-opens hearing and decision is rendered
X. Written decision by Tribal Council goes to both parties within 2 days
XI. The Tribal Council's decision constitutes a final determination
LEGISLATIVE HISTORY
Procedures Ordinance approved by Tribal Council November 21, 1939.
Amended March 9, 1981, Resolution No. 0740 by adding hearing format.
Amended February 8, 1985, Resolution No.0917, by revising hearing format.
Amended September 7, 1993, Resolution No. 1401-93, changing posting period in Section 1 from 15 to 14 days, and delete phrase in Section 8 referring to Tomah Agency.
Amended September 7, 1999, Resolution No. 59-99, designating special (50.10) and emergency (50.11) meetings and amending regular meeting section (50.9).
Approval by BIA November 1, 1999.
Amended October 1, 2002, Resolution No. 056-02, adding the last two sentences
to Section 50.7, clarifying that phone participation is not permitted, deleting
section 50.11(D), which allowed for some telephone participation, and renumbering
Section 50.11(E) to Section 50.11(D) caused by deleting Section 50.11(D).