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1 Grand Traverse Band Code
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

GENERAL NOTES

[Codified as mandated under the Legislative Procedures Act, see Title 1 GTBC § 112]

1 Grand Traverse Band Code, 1 GTBC
Current through November 13, 2009

1 GTBC § 101

§ 101. Statement of Purpose

1 Grand Traverse Band Code § 101
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 101. Statement of Purpose

The purpose of this ordinance is to define the terms of Article III, Section 5(e), and Article IV, Section 1(c), of the Tribal Constitution in order to provide forms and procedures for the enactment of Tribal ordinance law by the Tribal Council acting in its legislative capacity.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 101, 1 GTBC § 101
Current through November 13, 2009

1 GTBC § 102

§ 102. Definitions

1 Grand Traverse Band Code § 102
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 102. Definitions

(a) “Bill”--The draft of a proposed law from the time of its introduction in a legislative body before it is enacted into law by vote of the legislative body. An “Act” is the appropriate term for it after it has been acted on by, and passed by, the legislative body.

(b) “Committee”--A person, or an assembly or board of persons, to whom the consideration, determination, or management of any matter is committed or referred, as by a court or legislature. An individual or body to whom others have delegated or committed a particular duty, or who have taken on themselves to perform it in the expectation of their act being confirmed by the body they profess to represent or act for. In legislatures, a standing committee considers all bills, resolutions, and other items of legislative business falling within the category of matters over which it has been given jurisdiction. A special (or select) committee investigates and reports on specific matters and terminates when that function has been rendered.

(d) “Motion”--Executive action of the Tribal Council directing that an act be committed or existing actions be stopped.

(e) “Ordinance”--A rule established by authority; a permanent rule of action; a law or statute. In its most common meaning, the term is used to designate the enactments of the legislative body of the Tribal Council.

(1) “Compiled Ordinances”--Codified ordinances at Large by subject matter that shall be known as the Grand Traverse Band Code referenced by a logical system of numbering to be determined by the codifiers or compilers of the ordinances at large.

(2) “Ordinances at Large”--General body of ordinances listed in a chronological manner.

(f) “Publication”--The posting of a bill in a Tribal public place for review by Tribal members.

(g) “Resolution”--Formal executive action of the Tribal Council certifying the action and intent of the Tribal Council.

(h) “Tribal Council executive action”--The Tribal Council action consisting of motion or resolution pursuant to Article III, Section 5(e) of the Tribal Constitution.

(i) “Tribal Council legislative action”--The Tribal Council action consisting of the passing of an ordinance pursuant to Article III, Section 5(e) of the Tribal Constitution.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 102, 1 GTBC § 102
Current through November 13, 2009

1 GTBC § 103

§ 103. Legislative Session of the Tribal Council

1 Grand Traverse Band Code § 103
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 103. Legislative Session of the Tribal Council

(a) The Tribal Council shall act in its legislative capacity in a designated process known as a legislative session.

(b) A legislative session shall be a designated portion of a regular or special Tribal Council meeting consistent with the notice provisions of the Tribal Constitution.

(c) Alternatively, the Tribal Council shall designate and dedicate a regular or special meeting solely to legislative matters.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 103, 1 GTBC § 103
Current through November 13, 2009

1 GTBC § 104

§ 104. Proposed Legislation

1 Grand Traverse Band Code § 104
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 104. Proposed Legislation

(a) Any Tribal Councilor may offer proposed legislation which shall be designated as a bill for purposes of review and comment by the committee structure of the Tribal Council and review and comment by Tribal members.

(b) Proposed bills shall be referred to a legislative drafting committee that is either ad hoc or standing.

(c) The legislative drafting committee shall take direction from the Tribal Councilor or Councilors who are sponsoring the proposed bill on the intent, content, and language of the proposed bill.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 104, 1 GTBC § 104
Current through November 13, 2009

1 GTBC § 105

§ 105. Tribal Council Review of Proposed Legislation

1 Grand Traverse Band Code § 105
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 105. Tribal Council Review of Proposed Legislation

(a) Once a proposed bill is completed by the Tribal Councilor or Councilors and the legislative drafting committee it shall be submitted to the Tribal Council for review and comment.

(b) The Tribal Council shall have thirty (30) days to submit reviews and comments, markup, on the proposed bill.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 105, 1 GTBC § 105
Current through November 13, 2009

1 GTBC § 106

§ 106. Tribal Membership Review and Comment

1 Grand Traverse Band Code § 106
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 106. Tribal Membership Review and Comment

Once the proposed language is agreed to by the Tribal Council, the bill shall be published in a public place for review and comment by Tribal members for a period not less than thirty (30) days.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 106, 1 GTBC § 106
Current through November 13, 2009

1 GTBC § 107

§ 107. Amendment/Passage of Bills

1 Grand Traverse Band Code § 107
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 107. Amendment/Passage of Bills

The bill shall be amended or passed in light of the above §§ 104, 105, and 106 process.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 107, 1 GTBC § 107
Current through November 13, 2009

1 GTBC § 108

§ 108. Effective Date of New Laws

1 Grand Traverse Band Code § 108
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 108. Effective Date of New Laws

(a) Immediately. The Tribal Council may designate a proposed ordinance as an emergency and suspend the above rules upon a finding that legislative action is immediately necessary to protect the health, welfare, public security or economic status of the Tribe.

(b) A new law may be given immediate effect if approved by four (4) members of the Tribal Council.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 108, 1 GTBC § 108
Current through November 13, 2009

1 GTBC § 109

§ 109. Committees; Record of Votes; Public Inspection; Notice of Hearings

1 Grand Traverse Band Code § 109
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 109. Committees; Record of Votes; Public Inspection; Notice of Hearings

(a) The Tribal Council may establish committees for the efficient conduct of its business.

(1) Said committees may conduct public hearings to assist the committees in decision making.

(2) On all actions on bills and resolutions in each committee, names and votes of members shall be recorded for public inspection.

(3) Notices of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in the journal in advance of the hearing.

(b) The public hearings shall be open to all Tribal members, Tribal administration, official Tribal committees, and unofficial Tribal committees and organizations who may offer testimony in support of or in opposition to proposed legislation.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 109, 1 GTBC § 109
Current through November 13, 2009

1 GTBC § 110

§ 110. Records of Votes on Election and Appointments

1 Grand Traverse Band Code § 110
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 110. Records of Votes on Election and Appointments

All elections and all votes on appointments shall be published by vote and name in the journal.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 110, 1 GTBC § 110
Current through November 13, 2009

1 GTBC § 111

§ 111. Journal of Proceedings; Record of Votes/Dissents

1 Grand Traverse Band Code § 111
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 111. Journal of Proceedings; Record of Votes/Dissents

(a) The Tribal Council, while in legislative session shall, keep a journal of its proceedings and publish the same unless security otherwise requires.

(b) The record of the vote and name of the members voting on any question shall be entered in the journal at the request of two (2) Tribal Councilors.

(c) Any Tribal Councilor may dissent from and protest against any act, proceeding or resolution which he/she may deem injurious to any person or the Tribe and have the reasons for his/her dissent entered into the journal.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 111, 1 GTBC § 111
Current through November 13, 2009

1 GTBC § 112

§ 112. Codification of Tribal Law

1 Grand Traverse Band Code § 112
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 112. Codification of Tribal Law

(a) The Secretary of the Tribal Council shall be responsible for codifying laws enacted by the Tribal Council in legislative session, on an annual basis (calendar year).

(b) Such laws shall be known as Tribal Acts and numbered consecutively for the year in which said laws were passed and cited as “Tribal Act ____ of 19____.”

(d) Such codification shall be known as the Grand Traverse Band Code (GTBC) and shall be cited as “[title #] GTBC § [section #]”.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996, as amended by Tribal Act #99–17.733, enacted by Tribal Council on May 18, 1999.

1 Grand Traverse Band Code § 112, 1 GTBC § 112
Current through November 13, 2009

1 GTBC § 113

§ 113. Effective Date

1 Grand Traverse Band Code § 113
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 1. Legislative Procedures

§ 113. Effective Date

The effective date of this Act is September 20, 1996.

History: Legislative Procedures Act, adopted by Tribal Council on August 21, 1996.

1 Grand Traverse Band Code § 113, 1 GTBC § 113
Current through November 13, 2009

1 GTBC § 201

§ 201. Short Title, Purpose and Definitions

1 Grand Traverse Band Code § 201
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 201. Short Title, Purpose and Definitions

(a) Short Title. This Act shall be entitled “The Committee Procedures Act”.

(b) Purpose. The Committee Procedures Act shall be liberally interpreted and construed to fulfill the following expressed purposes:

(1) To provide for the organization of Tribal committees,

(2) To provide definitions for the different categories of Tribal committees,

(3) To provide for classifications of committee roles in Tribal government,

(4) To provide for the delineation of the powers and duties of Tribal committees,

(5) To provide for compensation for committee members,

(6) To provide for clarification regarding staff participation in the committee structure.

(1) “Constitutional Committee”: A Tribal committee mandated or implied in the GTB Constitution or so designated by the Tribal Council.

(2) “Program Committee”: A Tribal committee mandated by various federal or state grants or contracts.

(3) “Community Action Committees”: Unofficial, non-Tribal committees organized by Tribal community members outside the purview of the Tribal government.

(4) “Ad Hoc Committee”: Committees authorized by Tribal Council for special, singular purpose that dissolve upon completion of its assigned mission.

(5) “Members at Large”: Tribal community members not members of the Tribal Council or administrative staff.

(6) “Staff Members”: Employees of Grand Traverse Band whose employment is directly related to Committee.

History: Tribal Act #92–10.85, enacted by Tribal Council on December 15, 1992. As amended by Tribal Act #94–12.184, enacted by Tribal Council on November 15, 1994, and Tribal Act #95–13.232, enacted by Tribal Council on April 18, 1995.

1 Grand Traverse Band Code § 201, 1 GTBC § 201
Current through November 13, 2009

1 GTBC § 202

§ 202. Creation of Tribal Committees

1 Grand Traverse Band Code § 202
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 202. Creation of Tribal Committees

All Tribal Committees shall be created by Tribal Council resolution.

1 Grand Traverse Band Code § 202, 1 GTBC § 202
Current through November 13, 2009

1 GTBC § 203

§ 203. Authorization of Tribal Committees

1 Grand Traverse Band Code § 203
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 203. Authorization of Tribal Committees

(a) Constitutional committees shall be authorized by expressed or implied language in the GTB Constitution.

(b) Program committees shall be authorized by the Tribal Council through its approval of the specific Tribal program.

1 Grand Traverse Band Code § 203, 1 GTBC § 203
Current through November 13, 2009

1 GTBC § 204

§ 204. Duration of Tribal Committees

1 Grand Traverse Band Code § 204
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 204. Duration of Tribal Committees

(a) Constitutional Committees shall be permanent in nature.

(b) Program committees shall terminate upon expiration of the underlying program's grant or contract.

(c) Ad hoc committees shall terminate upon completion of their specific task, or a time certain, as detailed in the Tribal Council resolution creating the ad hoc committee.

1 Grand Traverse Band Code § 204, 1 GTBC § 204
Current through November 13, 2009

1 GTBC § 205

§ 205. Authority of Committees

1 Grand Traverse Band Code § 205
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 205. Authority of Committees

(a) Constitutional committees shall meet on a regular basis, at least quarterly, to gather and/or disseminate information and to make recommendations to the Tribal Council or Tribal Court to assist the Council and the Court in carrying out their constitutional mandates.

(b) Program Committees shall meet as required by the program to assist the staff in carrying out its program mandate.

(c) Ad hoc committees shall meet as needed to achieve the goals and objectives as outlined in the Tribal Council resolution creating the ad hoc committee.

1 Grand Traverse Band Code § 205, 1 GTBC § 205
Current through November 13, 2009

1 GTBC § 206

§ 206. Composition of Tribal Committees

1 Grand Traverse Band Code § 206
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 206. Composition of Tribal Committees

(a) Constitutional committees shall be composed of not less than four (4) or more than ten (10) members.

(1) At least one member shall be a Tribal Council member.

(2) A Tribal Council member shall serve as chair of constitutional committees.

(3) Members must be appointed by the Tribal Council and shall serve at the pleasure of the Tribal Council.

(4) The Tribal Council and/or committee members shall solicit members to serve on committees in the GTB newsletter and by posting in Tribal Buildings.

(5) A Tribal Council member who loses an election, is recalled, resigns or is removed from office, shall relinquish his or her membership on Tribal committees.

(b) Program committees shall be of a size prescribed in the program's grant or contract.

(1) Members shall be appointed by Tribal Council upon recommendation from program staff.

History: Tribal Act #92–10.85, enacted by Tribal Council on December 15, 1992. As amended by Tribal Act #94–12.184, enacted by Tribal Council on November 15, 1994; Tribal Act #95–13.232, enacted by Tribal Council on April 18, 1995; and Tribal Act #01–19.941, enacted by Tribal Council via telephone poll on February 6, 2001.

1 Grand Traverse Band Code § 206, 1 GTBC § 206
Current through November 13, 2009

1 GTBC § 207

§ 207. Rules of Procedure, Notice

1 Grand Traverse Band Code § 207
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 207. Rules of Procedure, Notice

(a) Committees shall adopt rules of procedures for the conduct of their business subject to the approval of Tribal Council.

(b) Notice requirements for committee meetings shall comport with notice provisions of the GTB Constitution, Article III, Section 5.

1 Grand Traverse Band Code § 207, 1 GTBC § 207
Current through November 13, 2009

1 GTBC § 208

§ 208. Recommendations, Proposed Legislation

1 Grand Traverse Band Code § 208
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 208. Recommendations, Proposed Legislation

(a) Proposed legislation shall originate with or be referred to the appropriate constitutional committee which shall hold open meetings to discuss the proposed legislation.

(b) The committee shall then make written recommendations to the Tribal Council.

(1) Any committee member who disagrees with the committee's recommendation may make a written minority report to the Tribal Council, outlining their opposition to the committee's recommendation.

1 Grand Traverse Band Code § 208, 1 GTBC § 208
Current through November 13, 2009

1 GTBC § 209

§ 209. Open Meetings, Committee Records

1 Grand Traverse Band Code § 209
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 209. Open Meetings, Committee Records

(a) Committee meetings shall be open to the membership pursuant to Article III, Section 5(d) of the GTB Constitution except in cases involving Indian Child Welfare matters, matters of confidentiality, items covered by the Privacy Act, personnel matters and legal matters.

(b) Committee records shall be open to the membership pursuant to Article III, Section 4 of the GTB Constitution except in cases involving matters of confidentiality, the Privacy Act, Indian Child Welfare matters, personnel matters or legal matters.

1 Grand Traverse Band Code § 209, 1 GTBC § 209
Current through November 13, 2009

1 GTBC § 210

§ 210. Application of Indian Civil Rights Act of 1968

1 Grand Traverse Band Code § 210
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 210. Application of Indian Civil Rights Act of 1968

Tribal Committees shall comply with the provisions of the Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301–1303.

1 Grand Traverse Band Code § 210, 1 GTBC § 210
Current through November 13, 2009

1 GTBC § 211

§ 211. Compensation, Stipends

1 Grand Traverse Band Code § 211
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 211. Compensation, Stipends

(a) Tribal Council members appointed to Constitutional committees who serve as committee chairs, shall receive a stipend for attendance at committee meetings in an amount as pursuant to policy, established by the Tribal Council.

(b) Members at large and Tribal Council members not serving as chairperson shall receive a stipend equal to 1/2 that of the Tribal Council members serving the committee as chairperson.

(d) Ad hoc committee members may receive stipends if authorized by the Tribal Council resolution creating the ad hoc committee.

1 Grand Traverse Band Code § 211, 1 GTBC § 211
Current through November 13, 2009

1 GTBC § 212

§ 212. Staff Participation

1 Grand Traverse Band Code § 212
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 212. Staff Participation

(a) Staff members whose work is directly related to the work of a committee, may be given release time to attend committee meetings during working hours, with the prior approval of the Tribal Manager and the Personnel Director.

(b) Staff members whose attendance is required at committee meetings before or after work hours, may arrange for compensation time (flex time) with the prior approval of the Tribal Manager and Personnel Director.

1 Grand Traverse Band Code § 212, 1 GTBC § 212
Current through November 13, 2009

1 GTBC § 213

§ 213. Tribal Preference

1 Grand Traverse Band Code § 213
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 2. Committee Procedures

§ 213. Tribal Preference

In appointing committee members, preference shall be given first to Tribal members; Native American community members; Native Americans.

1 Grand Traverse Band Code § 213, 1 GTBC § 213
Current through November 13, 2009

1 GTBC § 301

§ 301. Short Title

1 Grand Traverse Band Code § 301
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 301. Short Title

This Ordinance shall be called the Tribal Council Meetings Ordinance.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 301, 1 GTBC § 301
Current through November 13, 2009

1 GTBC § 302

§ 302. Purpose

1 Grand Traverse Band Code § 302
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 302. Purpose

The purpose of this ordinance is to give definitions to Tribal Constitutional terms governing the legislative and administrative procedures governing the implementation of executive and legislative power contained in Article III pursuant to the authority in Article IV, Section 1(c). This ordinance shall serve as a procedural guide for the implementation of the executive and legislative power of the Tribal Government.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 302, 1 GTBC § 302
Current through November 13, 2009

1 GTBC § 303

§ 303. Definitions

1 Grand Traverse Band Code § 303
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 303. Definitions

(a) “Affairs of the Tribe” means a general annual report of the Tribe covering all major financial statements of the Tribe.

(b) “Annual meeting” means a yearly Tribal membership meeting at which all the financial statements of the Tribe are presented pursuant to Article III, Section 7 of the Tribal Constitution.

(c) “Call of meeting” means the person or persons who is properly authorized to bring the Tribal Council meeting into existence.

(d) “Closed meeting” means a meeting closed to address personnel or legal matters pursuant to Article III, Section 4(d), of the Tribal Constitution.

(e) “Closed Session” means a meeting closed to address personnel or legal matters pursuant to Article III, Section 4(d), of the Tribal Constitution.

(f) “Council Executive Officers” means the Tribal Chair, Tribal Vice Chair, Tribal Treasurer, and Tribal Secretary.

(g) “Council Committee” means an established committee by motion of the Tribal Council to address specific delegated issues of the Tribe.

(h) “Directive” means an oral or written statement of the Tribal Council to Tribal management requesting that an action be taken or an administrative action stop.

(i) “Emergency meeting” means a meeting called pursuant to Article III, Section 5(c), of the Tribal Constitution.

(j) “Executive functions” means the Tribal Council acting by motion or resolution to implement an ordinance, legislative law, or administrative practices.

(k) “General reason for no record” means a statement entered into the Tribal Council record expressing a rationale in the form of a motion stating the subject matter to be addressed in closed session at which no record is kept, pursuant to Article III, Section 5(d) of the Tribal Constitution.

(l) “Legal matters” means all matters of the Tribe wherein the Tribe is 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 shall be discussed by the Tribal Council in closed session pursuant to Article III, Section 5(d)(1) of the Tribal Constitution.

(m) “Legislative functions” means the passing of an ordinance or the promulgation of rules.

(n) “Majority vote” means a vote of four or more Tribal Councilors on a motion, ordinance, or resolution, with the Tribal Chair voting only to break a tie vote. Tribal committees may adopt voting requirements subject to the approval of the Tribal Council (GTB Committee Procedures Act, 1 GTBC § 207).

(o) “Meeting” means a prearranged gathering of members of a public body for the purpose of deliberating on public business and taking official action; any kind of gathering convened to discuss public business, in person, by telephone, or by other means of communication; an official meeting is any meeting at which a quorum is present and official or public business is discussed; provided that meetings of a gathering of members of a governmental body for purely ministerial or social purposes, when there is no discussion of policy or no intent to avoid the purposes of the open meetings standard, does not constitute a meeting for purposes of this ordinance.

(p) “Motion” means a proposal by which the Tribal Council expresses an opinion, takes certain action, or orders something to be done.

(q) “Notice” means a written document posted in the chief administrative building of the Tribe informing the Tribal membership of a fact. Notice is subdivided into actual notice, constructive notice, express notice, implied notice, personal notice, public notice and reasonable notice.

(r) “Notice of Meeting” means the official posting of an agenda of a future Tribal Council meeting.

(s) “Open meeting” means a meeting open to Tribal membership pursuant to Article III, Section 5(d) of the Tribal Constitution.

(t) “Open session” means that portion of a meeting that is open to Tribal membership pursuant to Article III, Section 5(d) of the Tribal Constitution.

(u) “Ordinance” means a Tribal law duly enacted by the Tribal Council.

(v) “Personnel matters” means those issues dealing with Tribal personnel that may be discussed in closed session pursuant to Article III, Section 5(d)(1) of the Tribal Constitution.

(w) “Polling” means a vote of the Tribal Council not taken during a duly called Tribal Council meeting. Polling is only permitted on matters that have already been considered by the Tribal Council in a properly called Tribal Council meeting.

(x) “Posting” means an official notice of the time, place, date and agenda of a future Tribal Council meeting which has been distributed to Tribal offices for purposes of placing in a public area.

(y) “Quorum” means the necessary minimum amount of Councilors present that official business takes place pursuant to Article III, Section 6 of the Tribal Constitution.

(z) “Record” means the minutes, resolution, ordinances of the Tribal Council.

(aa) “Regular meeting” means a Tribal Council meeting called pursuant to Article III, Section 5(a) of the Tribal Constitution.

(bb) “Resolution” means an official action of the Tribal Council under the following circumstances, resolutions are either required or appropriate:

(1) if the matter is one that the statute, charter, or by-laws require a resolution;

(2) if a certificate showing that the authority granted by Tribal members or the Tribal Constitution to the Tribal Council or committee of the Tribal Council to perform a certain act is required to be filed, or likely to be required at some future time;

(3) if the matter regulates the management of the Tribe or the subdivision of the Tribe and is meant to be permanent until changed;

(4) if the matter is one of importance;

(5) if the matter is one that is likely to be referred to from time to time; and

(6) if the matter consists of amendments to the charter or by-laws of subordinate Tribal entities.

(cc) “Special meeting” means a meeting called pursuant to Article III, Section 5(b) of the Tribal Constitution.

(dd) “Tie vote” means a vote of the Tribal Councilors during a duly called Tribal Council meeting whereby an even number of votes for and against result in the Chair voting to break the tie vote pursuant to Article III, Section 5(e)(3) of the Tribal Constitution.

(ee) “Tribal Chair” means the Tribal member elected to the office of Tribal Chair pursuant to Article III, Section 3(a); also a Tribal Executive Officer.

(ff) “Tribal Committee Chair” means that Tribal Councilor who is appointed to a Tribal Council Committee by the Tribal Chair pursuant to Article III, Section 3(a)(3) of the Tribal Constitution.

(gg) “Tribal Council” means the seven elected Tribal members elected to office, consisting of the Tribal Chair and six Tribal Councilors, pursuant to Article III of the Tribal Constitution.

(hh) “Tribal Council action” means an official action taken by the Tribal Council at a duly called meeting in exercising its powers pursuant to Article IV of the Tribal Constitution.

(ii) “Tribal Councilor” means an elected Tribal member to the Tribal Council who is not the Tribal Chair.

(jj) “Tribal Executive Committee” means a committee of the Tribal Executive Officers consisting of only those elected Tribal officials.

(kk) “Tribal Member” means a person who is duly enrolled with the Tribe pursuant to Article II of the Tribal Constitution.

(ll) “Tribal Membership Meeting” means an annual meeting of the Tribal membership to inform members of the status of the Tribe pursuant to Article III, Section 7 of the Tribal Constitution.

(mm) “Tribal records” means the records of the Band which are the exclusive property of the Tribe pursuant to Article III, Section 4 of the Tribal Constitution.

(nn) “Tribal Secretary” means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to maintain the minutes of Tribal Council meetings, maintain the Tribal Seal, and other duties pursuant to Article III, Section 3(d) of the Tribal Constitution; also a Tribal Executive Officer.

(oo) “Tribal Treasurer” means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to monitor fiscal matters, submit financial reports, and other duties pursuant to Article III, Section 3(c) of the Tribal Constitution; also a Tribal Executive Officer.

(pp) “Tribal Vice Chair” means the Tribal Councilor nominated and appointed by fellow Tribal Councilors to perform duties of the Tribal Chair in the Chair's absence, assume responsibility for functions delegated by the Tribal Chair, and other duties pursuant to Article III, Section 3(b) of the Tribal Constitution; also a Tribal Executive Officer.

(qq) “Waiver of notice” means the act of intentionally relinquishing or abandoning the notice requirement for purposes of an emergency meeting.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 303, 1 GTBC § 303
Current through November 13, 2009

1 GTBC § 304

§ 304. Location of Tribal Council Meeting

1 Grand Traverse Band Code § 304
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 304. Location of Tribal Council Meeting

(a) The Tribal Council meeting shall only take place within the federally proclaimed reservation located in Peshawbestown, Michigan, or on land held in trust by the United States government for the Grand Traverse Band.

(b) The Tribal Council shall pass a resolution which shall be published for Tribal members stating the time and place of the Tribal Council regular sessions.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 304, 1 GTBC § 304
Current through November 13, 2009

1 GTBC § 305

§ 305. Calling a Meeting

1 Grand Traverse Band Code § 305
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 305. Calling a Meeting

(a) The call for a Tribal Council meeting is the exercise by the proper person or persons of the power to bring the Tribal Council meeting into existence.

(b) This call consists of a written direction to the Tribal Council Secretary or other officers authorized to contact the Tribal members. For purposes of this ordinance, the following meeting calls are authorized:

(1) Tribal Council shall call meetings at least once every three (3) months by resolution establishing the time and place of the meeting.

(2) Tribal Chair may call a Tribal Council meeting at his or her discretion.

(3) Tribal Chair shall call a meeting upon the written request of two Tribal Councilors.

(4) The Tribal Council Secretary shall call a meeting upon the petition of ten percent (10%) of the registered Tribal voters, subject to the verification of the signatures by the GTB Election Board.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 305, 1 GTBC § 305
Current through November 13, 2009

1 GTBC § 306

§ 306. Conduct of Tribal Council Meetings

1 Grand Traverse Band Code § 306
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 306. Conduct of Tribal Council Meetings

(a) All Tribal Council meetings shall be conducted according to the rules of parliamentary procedure with Robert's Rules of Order as a guide.

(b) All issues, motions, ordinances, or resolutions shall be passed by majority vote. The Chair shall only vote to break a tie.

(c) In the event the Tribal Council addresses an issue in its deliberative legislative capacity or its administrative executive capacity, and the appropriate resolution is not available for action, the Tribal Council may subsequently enact a motion or resolution by the polling procedures identified in § 310 of this ordinance.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 306, 1 GTBC § 306
Current through November 13, 2009

1 GTBC § 307

§ 307. Classification of Tribal Council Meetings, Authority and Power to Conduct, and Notice Requirements

1 Grand Traverse Band Code § 307
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 307. Classification of Tribal Council Meetings, Authority and Power to Conduct, and Notice Requirements

The meetings of the Tribal Council shall be one of the following types:

(a) Annual. Once a year to inform the Tribal membership of the affairs of the Tribe. Notice requirement shall be a seven (7) day posting. No formal business shall be conducted.

(b) Regular. Transact all executive and legislative affairs of the Tribe. The Tribal Council, pursuant to Article III, § 5(e), can act in full capacity by issuing ordinances, resolutions, or motions. Notice requirement shall be a seven (7) day posting of the agenda for the regular meeting.

(c) Special. Transact all executive business (motions or resolutions) of the Tribe. The Tribal Council cannot officially act by issuing ordinances when in executive session.

(1) Special meeting called by the Chair in his/her discretion. Notice requirement shall be a posting of the agenda pursuant to Article III, § 5(b) of the Tribal Constitution; the agenda must be posted seventy-two (72) hours before the meeting.

(2) Special meeting called by two Tribal Councilors upon written notice. Notice requirement shall be seven (7) days posting of agenda pursuant to Article III, § 5(b)(2) of the Tribal Constitution.

(3) Special meeting called upon the ten percent (10%) of the registered Tribal voters pursuant to Article III, § 5(b)(3) of the Tribal Constitution, subject to the verification of the signatures by the GTB Election Board. Notice requirement shall be a seven (7) day posting of the agenda.

(d) Emergency. Transact all executive and legislative business of the Tribe in an expedited manner. Notice requirement is seventy-two (72) hours; however, an emergency meeting may be called to address health, safety, welfare, or preserve the property of the Tribe with less than 72 hours notice. Maximum practical notice shall be given to each Tribal Councilor.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 307, 1 GTBC § 307
Current through November 13, 2009

1 GTBC § 308

§ 308. Open and Closed Meetings

1 Grand Traverse Band Code § 308
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 308. Open and Closed Meetings

The Tribal Council shall determine whether the meeting is closed or open in conformity with the notice requirements of the Tribal Constitution regarding regular, special, or emergency meetings.

(a) Annual. Open meeting to the Tribal membership.

(b) Regular. The Tribal Council shall post whether the meeting or proportions of the meeting are to be open or closed.

(c) Special. The Tribal Council shall determine whether the meeting is open or closed in accord with the definitions of personnel or legal matters as defined herein. The determination of the nature of the meeting shall be made by majority vote and a statement of rationale for closing the meeting, if so moved and passed by a majority, shall be entered in the record.

(d) Emergency. The Tribal Council shall determine whether the meeting is closed or open at the time of the seventy-two (72) hour posting. If the emergency meeting is called in less than 72 hours notice/posting, the Tribal Council shall determine whether the meeting is closed or open at the beginning of the meeting.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 308, 1 GTBC § 308
Current through November 13, 2009

1 GTBC § 309

§ 309. Records of Tribal Council Meetings

1 Grand Traverse Band Code § 309
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 309. Records of Tribal Council Meetings

Access to Tribal Council minutes shall be freely available under the following rules and regulations:

(a) Pursuant to Article III, Section 4, of the Tribal Constitution, the general constitutional presumption is that all annual, regular, special, or emergency Tribal Council meetings are required to be recorded with published meeting minutes. Tribal members or their representatives shall have access to all Tribal Council meeting minutes.

(b) The transcripts of all Tribal Council meetings shall be available for review by Tribal members or their designated representatives. 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.

(c) If the Tribal Council elects to not keep a record of the discussion in closed session, a general reason for such determination shall be made by the Tribal Council in the official record of the meeting. A record of action taken by the Tribal Council in closed session shall be available for review upon the approval of the closed session minutes. The Tribal Council may elect to seal the closed records until final disposition of the matter dealt with in closed session.

(d) Tribal Council meeting minutes shall be available for approval by the Tribal Council within thirty (30) days of the actual Tribal Council meeting in question and shall be approved within the time limits of Robert's Rules of Order.

(e) The records of the Tribal Council meeting shall be available for review during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday.

(f) Copies of the Tribal Council meeting minutes shall be available to Tribal members provided that the requester reimburse the Tribe the reasonable amount for the cost of reproduction.

(g) Requests for copies of the Tribal Council minutes shall be made on the form prescribed by the Tribal Council and available at the Tribal Administration Building.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 309, 1 GTBC § 309
Current through November 13, 2009

1 GTBC § 310

§ 310. Polling Procedures

1 Grand Traverse Band Code § 310
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 310. Polling Procedures

The Tribal Council may pass a resolution by a poll taken after the Tribal Council regular, special, or emergency session provided the following procedures are followed:

(a) The resolution specifically identifies the Tribal Council session at which the Tribal Council acted in its legislative deliberative capacity or its executive administrative capacity;

(b) The polled resolution text is posted in a public place for Tribal membership review; and

(c) The poll is called by the Tribal Chair and is conducted by the Tribal Council Secretary or the specific delegate of the Tribal Council Secretary.

(d) Pursuant to Article III, Section 5(c), of the Tribal Constitution, the Tribal Chair may waive above subsections (A) and (B) and call the poll of a resolution on federal, state, and/or local funding sources where it is necessary for the preservation or protection of the health, welfare, peace, safety, or property of the Tribe.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 310, 1 GTBC § 310
Current through November 13, 2009

1 GTBC § 311

§ 311. Establishment of Committees

1 Grand Traverse Band Code § 311
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 311. Establishment of Committees

(a) Pursuant to the authority of Article III, Section 3(a)(4), of the Tribal Constitution, the Tribal Council hereby establishes a committee structure to implement the deliberative governance process.

(b) Committees shall only exercise authority consistent with the Tribal Constitution and the rules and procedures established herein.

(1) Constitutional Committees. All constitutional committees shall consist of all Tribal Councilors, or their designees, with the respective Committee Chair voting only to break a tie vote.

(A) Executive Committee. Pursuant to Article III, Section 3, of the Tribal Constitution, the Executive Committee shall consist of the Chair, Vice Chair, Treasurer and Secretary. The Executive Committee shall have and may exercise all those powers identified in Article III, Section 3, of the Tribal Constitution and any additional executive power specifically delegated to the Executive Committee by a Tribal constitutional resolution ratified by the full Tribal Council.

(B) Treaty Rights, Natural Resource and Environmental Committee. The GTB Tribal Constitution provides the following:

“PREAMBLE: We, the members of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan, in order to organize for our common good, to govern ourselves under our own laws, to maintain and foster our tribal culture, to protect our homeland, to conserve and develop our natural resources, and to insure our rights guaranteed by treaty with the federal government, do establish and adopt, as an incident of our sovereign powers, this Constitution for the government, protection, and common welfare of the Grand Traverse Band under the authority of the Indian Reorganization Act of June 18, 1934, (48 Stat. 984), as amended.”

ARTICLE X, Section 2: “Treaty Rights and the Development of Tribal Resources. Members of the Grand Traverse Band shall have the right to fish, hunt, trap, and gather food from plants, subject to reasonable restrictions established by the Tribal Council for protection of the resources; provided that this Section does not include the right to commercially develop tribal resources, such right being reserved to the Band; provided further that the Band may license members to commercially develop the resources of the Grand Traverse Band.”

ARTICLE XI, Section 2: “Land Use and Natural Resources Conservation Plans Required. The Tribal Council shall by ordinance establish a comprehensive land use and natural resources conservation plan for lands and natural resources subject to tribal jurisdiction. The Treaty Rights, Natural Resource and Environmental Committee shall develop a natural resource plan consistent with the Preamble; Article X, Section 2; and Article XI, Section 2 of the Tribal Constitution. This committee shall monitor Tribal treaty rights related to hunting, fishing, and gathering.”

(2) Standing and Special Committees. The Tribal Council may, by resolution passed by a majority of the whole, designate one (1) or more standing or special committees, each such committee to consist of one (1) or more of the Tribal Councilors and a designated number of Tribal members as appropriate. Each such committee shall have and may exercise such of the powers of the Tribal Council in the management of the business and affairs of the Tribe as may be provided in such resolution, except as delegated by this ordinance or by the Tribal Council to another standing or special committee or as may be prohibited by law.

(3) Appointment, Duration and Removal. In the absence of any specific language contained in the resolution creating the special or standing committee, the appointment, duration and removal of committee members shall be governed by the GTB Committee Procedures Act, and bylaws of the committee, providing that the committee bylaws cannot preempt the GTB Committee Procedures Act or the resolution creating the committee.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997. As amended by Tribal Act #98–16.655, enacted by poll of Tribal Council on October 30, 1998.

1 Grand Traverse Band Code § 311, 1 GTBC § 311
Current through November 13, 2009

1 GTBC § 312

§ 312. Procedure for Committee Operation

1 Grand Traverse Band Code § 312
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 312. Procedure for Committee Operation

(a) A majority of a committee shall constitute a quorum for the transaction of any committee business.

(1) Such committee or committees shall have such name or names and such limitations of authority as provided by this ordinance or as may be determined from time to time by resolution adopted by the Tribal Council.

(2) The Tribe shall pay all expenses of committee operations.

(3) The Tribal Council may designate one or more appropriate Tribal Councilor as alternate member of any committee, who may replace any absent or disqualified member at any meeting of such committee.

(4) In the absence of disqualification of any members of such committee or committees, the member or members thereof present at any meeting and not disqualified from voting, whether or not he or they constitute a quorum, may unanimously appoint another appropriate member of the Tribal Council to act at the meeting in the place of any absent or disqualified member.

(b) Minutes. Each Tribal Council committee shall keep regular minutes of its proceedings and report same to the Tribal Council when required. The Tribal Secretary shall:

(1) be the official keeper of the special or standing committee records of the Tribal Council,

(2) keep regular minutes of standing or special committee proceedings,

(3) make available to the Tribal Council, as required, copies of all resolutions adopted or minutes or reports of other actions recommended or taken by any such standing or special committee, and

(4) otherwise as requested keep the members of the Tribal Council apprised of the actions taken by such standing or special committees. The Tribal Secretary may delegate the actual performance of minute-taking to a specific individual within the committee.

(1) Tribal Councilors may receive reasonable compensation for their services and expenses of attendance at each regular or special meeting of the committee consistent with the compensation structure and past practices of the Tribal Council; provided, however, that nothing herein contained shall be construed to preclude any Tribal Councilor from serving the Tribe in any other capacity and receiving additional compensation therefor.

(2) Members of special or standing committees may be allowed like compensation for attending committee meetings.

(3) The Tribal Council shall set the compensation standards for special and standing committees.

(4) In the event the committee contains no GTB staff employees, then the committee may request secretarial support from the Tribal Council.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 312, 1 GTBC § 312
Current through November 13, 2009

1 GTBC § 313

§ 313. Stipends

1 Grand Traverse Band Code § 313
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 313. Stipends

(a) A stipend shall be paid to each Tribal Council member who is in attendance at a Tribal Council meeting pursuant to this ordinance.

(b) A Tribal Councilor has the option to decline payment.

Comment: This practice [outlined in this subsection 313(c)] was initiated prior to the adoption and approval of the 1988 Constitution. It is the opinion of the tribe's Legal Department that this practice is consistent with past practices of prior Tribal Councils and constitutionally valid.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 313, 1 GTBC § 313
Current through November 13, 2009

1 GTBC § 314

§ 314. Severability

1 Grand Traverse Band Code § 314
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 3. Tribal Council Meetings Ordinance

§ 314. Severability

In the event that any section or provision of this ordinance, or amendments to this ordinance, is held invalid either by the Tribal Court or subsequent development of Tribal Constitutional standards and practices of the Tribal Council, it is the intent of the Tribal Council that the remaining sections or provisions of this ordinance, and amendments made to this ordinance, shall continue in full force and effect.

History: Tribal Act #97–15.471, enacted by Tribal Council on June 17, 1997.

1 Grand Traverse Band Code § 314, 1 GTBC § 314
Current through November 13, 2009

1 GTBC App. A

Appendix A. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL CHAIR

1 Grand Traverse Band Code App. A
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix A. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL CHAIR

To the Tribal Councilors of the Grand Traverse Band of Ottawa and Chippewa Indians:

The undersigned Chairperson of the Grand Traverse Band hereby calls a special session of the Tribal Council to be held at the administrative office of the Tribe located at _______________, on ________, 199__, at ________ am/pm for the purpose of:
[state the reason]


Dated: ______________________	______________________________________________________
	Chairperson of the Grand Traverse Band

1 Grand Traverse Band Code App. A, 1 GTBC App. A
Current through November 13, 2009

1 GTBC App. B

Appendix B. REQUEST OF TWO (2) TRIBAL COUNCILORS TO CALL SPECIAL SESSION OF TRIBAL COUNCIL

1 Grand Traverse Band Code App. B
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix B. REQUEST OF TWO (2) TRIBAL COUNCILORS TO CALL SPECIAL SESSION OF TRIBAL COUNCIL

Dear Tribal Chair:

The undersigned, being two Tribal Councilors of the GTB Tribal Council, hereby request you to call a special meeting of the Tribal Council to be held at the administrative office of the Tribe located at _______________, on ________, 199__, at ____ am/pm for the purpose of: [state the reason]
and for the transaction of any and all business necessary in connection therewith that may properly come before said meeting.

Dated: ______________________	______________________________________________________
	GTB Tribal Councilor


Dated: ______________________	______________________________________________________
	GTB Tribal Councilor

1 Grand Traverse Band Code App. B, 1 GTBC App. B
Current through November 13, 2009

1 GTBC App. C

Appendix C. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL CHAIR

1 Grand Traverse Band Code App. C
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix C. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL CHAIR

To _______________, Secretary of the Tribal Council:

The undersigned Chairperson of the Grand Traverse Band, pursuant to authority vested in the Tribal Chair by Article III, Section 5(b), of the Tribal Constitution, hereby calls a special session of the Tribal Council to be held at the administrative office of the Tribe located at _______________, on ________, 199__, at ____ am/pm for the purpose of:

[state the reason]

As Secretary of the Tribal Council, you are hereby authorized and directed to give written notice, personally or by mail, of the time, place, and purpose of the meeting to each member of said Tribal Council, as required by Article III, Section 5(a)(3) of the Tribal Constitution.

Dated: ______________________	______________________________________________________
	Chairperson of the Grand Traverse Band

1 Grand Traverse Band Code App. C, 1 GTBC App. C
Current through November 13, 2009

1 GTBC App. D

Appendix D. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL MEMBERSHIP

1 Grand Traverse Band Code App. D
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix D. CALL OF SPECIAL SESSION OF TRIBAL COUNCIL BY TRIBAL MEMBERSHIP

To _______________, Secretary of the Tribal Council:

We, the undersigned Tribal members of the Grand Traverse Band, pursuant to authority vested in us by Article III, Section 5(b)(3), of the Tribal Constitution, do hereby call a special session of the Tribal Council to be held at the administrative office of the Tribe located at ____________, on ________, 199__, at ____ am/pm for the purpose of:

[state the reason]

We hereby authorize and direct you, as Secretary of the Tribal Council, to give written notice of the time, place, and purpose of the meeting to each member of the Tribal Council, in accordance with Article III, Section 5(d)(3) of the Tribal Constitution.

Dated at _______________ (City), ____ (State), this ____ day of __________, 199__.

[Names of 10% of the registered voters attached].

1 Grand Traverse Band Code App. D, 1 GTBC App. D
Current through November 13, 2009

1 GTBC App. E

Appendix E. NOTICE OF ANNUAL MEMBERSHIP MEETING OF THE GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS

1 Grand Traverse Band Code App. E
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix E. NOTICE OF ANNUAL MEMBERSHIP MEETING OF THE GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS

To the Tribal Council of the Grand Traverse Band:

PLEASE TAKE NOTICE that, pursuant to Article III, Section 7, of the Tribal Constitution, the annual membership meeting of the Grand Traverse Band will be held at the administrative office of the Tribe located at ____________, on ________, 199__, at ____ am/pm.

Dated: ______________________	______________________________________________________
	Secretary

1 Grand Traverse Band Code App. E, 1 GTBC App. E
Current through November 13, 2009

1 GTBC App. F

Appendix F. PRINTED NOTICE OF TRIBAL COUNCIL REGULAR SESSION MEETING

1 Grand Traverse Band Code App. F
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix F. PRINTED NOTICE OF TRIBAL COUNCIL REGULAR SESSION MEETING

A regular meeting of the Tribal Council will be held on ____________, 199__ at ____am/pm., at the administrative office of the Tribe located at ____________.

Business: ____________________

Dated: ______________________	______________________________________________________
	Secretary

1 Grand Traverse Band Code App. F, 1 GTBC App. F
Current through November 13, 2009

1 GTBC App. G

Appendix G. PRINTED NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING

1 Grand Traverse Band Code App. G
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix G. PRINTED NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING

On ____________ (Day), ____________, 199__, at ____ am/pm, a special meeting of the Tribal Council will be held at the administrative office of the Tribe located at _______________.

Dated: ______________________	______________________________________________________
	Secretary

1 Grand Traverse Band Code App. G, 1 GTBC App. G
Current through November 13, 2009

1 GTBC App. H

Appendix H. NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING (PURPOSES NOT SPECIFIED)

1 Grand Traverse Band Code App. H
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix H. NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING (PURPOSES NOT SPECIFIED)

PLEASE TAKE NOTICE that, pursuant to the call of the Tribal Chair, a special meeting of the Tribal Council will be held at the administrative office of the Tribe located at ____________, on ________, at ____am/pm.

Dated: ______________________	______________________________________________________
	Secretary

1 Grand Traverse Band Code App. H, 1 GTBC App. H
Current through November 13, 2009

1 GTBC App. I

Appendix I. NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING (SPECIFYING PURPOSES)

1 Grand Traverse Band Code App. I
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Appendix to Tribal Council Meetings Ordinance (1 Gtbc Chapter 3)

Appendix I. NOTICE OF TRIBAL COUNCIL SPECIAL SESSION MEETING (SPECIFYING PURPOSES)

To ____________ and the Tribal Council:

PLEASE TAKE NOTICE that, in accordance with the provision of Article III, Section 5(c) of the Tribal Constitution, an emergency meeting of the Tribal Council will be held at the administrative office of the Tribe located at____________, on________, at ____ am/pm., for the purpose of:

1. [insert particular purposes of meeting].

2. To transact such other business as may lawfully come before said meeting.

Dated: ______________________	______________________________________________________
	Secretary

1 Grand Traverse Band Code App. I, 1 GTBC App. I
Current through November 13, 2009

1 GTBC § 401

§ 401. Statement of Purpose

1 Grand Traverse Band Code § 401
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 401. Statement of Purpose

The purpose of this ordinance is to establish salaries, allowances, and benefits for the Tribal Council consistent with Article XII of the Tribal Constitution and to establish delegated legislative procedures for determining the salary rate and benefits of Tribal Council positions. BE IT ENACTED by the Grand Traverse Band of Ottawa and Chippewa Indians, pursuant to the referendum provisions of Article IX, Section 2, of the Tribal Constitution, the following ordinance.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 401, 1 GTBC § 401
Current through November 13, 2009

1 GTBC § 402

§ 402. Findings and Declaration of Policy

1 Grand Traverse Band Code § 402
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 402. Findings and Declaration of Policy

(a) The Tribal Council finds and declares that:

(1) The executive implementation function and legislative policy function of the Tribal Council require the full-time focus and attention of Tribal Councilors. Salary-based Tribal Council positions would enable the Tribal Councilors to meet their elected fiduciary and representative responsibilities to address the vast and complex regulatory governmental environment, proprietary business management, development decisions, and resource protection duties undertaken on behalf of the Tribe.

(2) Article IV of the Tribal Constitution provides the Tribal Council with expressed power to function as the executive and legislative bodies of the Tribe.

(3) Article IV, Section 3, of the Tribal Constitution provides a reservation of all Tribal power not expressly stated in the Tribal Constitution.

(4) Article IV, Section 1, of the Tribal Constitution contains an expressed limitation on the powers of the Tribal Council when acting in its executive and legislative capacity not to exercise power “inconsistent with any provisions(s) of this Constitution.”

(5) Article XII, Section 1, of the Tribal Constitution is a limitation on the expressed and implied power of the Tribal Council by providing the following limitation:

In carrying out the duties of Tribal office, no Tribal official, elected or appointed, shall make or participate in making decisions which involve balancing a personal financial interest, other than interests held in common by all Tribal members, against the best interests of the Band.

(6) It is the purpose of this Ordinance to provide for salary, allowances, and benefits based Tribal Council positions consistent with the Tribal Council power, Article IV, and limitations of power, Article XII, expressed in the Tribal Constitution by referendum, Article IX, of the Tribal membership.

(7) It is the further purpose of this Ordinance to establish delegated legislative procedures by the establishment of a Compensation Committee to address the questions of compensation, allowances, and benefits for Tribal Council positions.

(8) Delegation of legislative authority is only to Tribal members who are original parties to the constitutional contract created by the Tribal Constitution.

(9) The Tribal Council Election scheduled for May 21, 1998, has four (4) Tribal Councilor positions open. Consistent with the limitations of Article XII of the Tribal Constitution, any Tribal Councilor whose term extends beyond May of 1998 shall not vote in the affirmative or negative on this Ordinance. The effective date of the provisions of this Ordinance shall be post election of May 21, 1998.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 402, 1 GTBC § 402
Current through November 13, 2009

1 GTBC § 403

§ 403. Definitions

1 Grand Traverse Band Code § 403
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 403. Definitions

(a) “Allowances”. A share or portion allotted or granted as a reimbursement for ordinary and extraordinary (travel) expenses such as airfare, mileage, and per diem, while ministering the duties as Tribal Councilor; salary will include cost-of-living allowance.

(b) “Benefits”. A payment or service provided for under an annuity, pension plan, or insurance policy, including health, vacation, sick time, personal time, etc. as provided for under the GTB Personnel Policies.

(c) “Compensation Committee”. Consists of seven (7) registered voters of the Tribe whereby the Tribal Council delegates legislative and executive authority to make a review and final determination on the salaries of Tribal Councilors.

(d) “Salary”. Fixed compensation paid regularly for services rendered as determined by the Compensation Committee's wage grid structure.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 403, 1 GTBC § 403
Current through November 13, 2009

1 GTBC § 404

§ 404. Delegation of Legislative Authority and Function

1 Grand Traverse Band Code § 404
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 404. Delegation of Legislative Authority and Function

(a) The Tribal Council hereby delegates its legislative authority to the Compensation Committee to address the policy question of determining the amount of the salary, allowances, and benefits for Tribal Council positions, consistent with the powers of the Tribal Council and in recognition of the limitation of those powers under the conflict of interest provision of the Tribal Constitution.

(b) The Tribal Council hereby delegates its legislative authority to the Compensation Committee to make a review and final determination on the salaries of Tribal Councilors based on the following factors:

(1) A review of the past, present, and prospective workloads of the Tribal Council;

(2) A review and comparison of relevant governmental and industry standards; and

(3) Relevant Tribal factors, consistent with the custom and traditions of the Tribe, identified by the Compensation Committee.

(c) The Compensation Committee shall make and implement reasonable standards governing the “return to work” rights of elected Tribal Councilors who were formerly employed with a Tribal entity. Such standards shall apply to the Tribal Council elected on May 21, 1998, and all subsequent Tribal Councils.

(d) The Compensation Committee shall be composed of seven (7) registered voters of the Tribe.

(1) Two shall be selected by the Tribal Chair and have a term of office for four (4) years. Three shall be selected by the Tribal Council by majority vote and have a term of office for two (2) years. The other two committee members shall be selected by majority vote of the five selected members and have a term of office for three (3) years.

(2) Vacancies shall be selected in the same manner as the position which was vacated by term of office, resignation, or death.

(e) The Compensation Committee shall have the power to request reports and recommendations from any Tribal entity.

(f) The decisions of the Compensation Committee shall not be subject to review or modification by the executive function or legislative function of the Tribal Council.

(g) The Compensation Committee shall have the power to develop internal procedures not inconsistent with this Ordinance, including determining the process by which Tribal members may have input regarding the decisions of the Compensation Committee.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 404, 1 GTBC § 404
Current through November 13, 2009

1 GTBC § 405

§ 405. Work Product of Compensation Committee

1 Grand Traverse Band Code § 405
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 405. Work Product of Compensation Committee

(a) The Compensation Committee shall issue a set of standards in terms of a wage grid system that establishes the salary level, allowances, and benefits for Tribal Council positions.

(b) The standards shall be issued in not less than 30 days after the Compensation Committee's first meeting.

(d) The salary level shall be consistent with the wage grid structure and shall not be amended more than ten percent (10%) on an annual basis.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 405, 1 GTBC § 405
Current through November 13, 2009

1 GTBC § 406

§ 406. Compensation Committee Term

1 Grand Traverse Band Code § 406
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 406. Compensation Committee Term

(a) The Compensation Committee shall have an indefinite life and convene on an annual basis to review the compensation standards of the Tribal Councilors, excluding the Chair's salary which shall be set by the Tribal Council.

(b) The Compensation Committee may make changes in the wage grid structure or allowances or benefits of the Tribal Council on an annual basis.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 406, 1 GTBC § 406
Current through November 13, 2009

1 GTBC § 407

§ 407. Implementation

1 Grand Traverse Band Code § 407
The Grand Traverse Band of Ottawa and Chippewa Indians
Grand Traverse Band Code

Title 1. Legislative Branch

Chapter 4. Tribal Councilors Salary Ordinance

§ 407. Implementation

The Compensation Committee shall be appointed by the Tribal Council elected in May of 1998. Thereafter, the Compensation Committee shall immediately implement the provisions of this Ordinance.

History: Tribal Councilors Salary Ordinance, adopted by Tribal Council on March 25, 1998.

1 Grand Traverse Band Code § 407, 1 GTBC § 407
Current through November 13, 2009