Little River Band of Ottawa Indians, Ordinances and Regulations

Section 1. Official Seal.

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.

Section 2. Description and Meaning of the Seal.

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.

Section 3. Official Dies of the Seal.

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.

Section 4. Limitation on the Use of Facsimiles, Reproductions or Impressions.

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.

4.03. Commercial Use of Tribal Seal or Like Reproductions.

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.

Section 5. Civil Offenses; Penalties.

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.

Section 6. Recorder of the Tribal Council; Custodial and Other Duties.

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.

Section 7. Effective date.

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)

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Section 1. Authority and Purpose

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.

Section 2. Definitions

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.

2.03. "Call of Meeting" means the action taken by the person or persons who is (are) properly authorized to
bring an official meeting of the Tribal Council into existence.

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.

2.06. "Council Officers" means the Council Speaker and the Council Recorder.

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.

2.09. "Elders" shall mean those members of the Tribe who are fifty-five (55) years of age or older.

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.

2.14 "Member" shall mean a person who is duly enrolled in the Little River Band of Ottawa Indians.

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.

2.18. "Ordinance" means a Tribal law duly enacted by the Tribal Council.

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.

Section 3. Classification of Tribal Council Meetings

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.

3.02. Emergency Meetings. Meetings of the Tribal Council, called pursuant to Article IV, Section 6(c) of the Constitution, to take official action(s) deemed necessary for the preservation or protection of the health, welfare, peace, safety or property of the Tribe.

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.

Section 4. Tribal Council Meetings: Authority to Call; Scheduling; Notice Requirements

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.

4.04. Emergency Meetings.

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.

5.03. Procedure for Taking Action on Agenda Items.

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.

Section 6. Action by the Tribal Council

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.

6.02. Action by Ordinance. Under the following circumstances, the Tribal Council will act by ordinance:

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.

6.03. Action by Resolution. Under the following circumstances, resolutions are either required or appropriate:

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.

Section 7. Closed Meeting Procedures

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.

7.03. Procedures Applicable to Closed Meetings.

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.

Section 8. Hearings Before the Tribal Council

[RESERVED]

Section 9. Records of Tribal Council Meetings

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.

9.03. Maintenance of Minute Book; Resolution Book; Laws and Policies. The records of the Tribal Council
shall also include a minute book, a resolution book and a compiled set of all laws, ordinances and policies
approved by the Tribal Council.

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.

Section 10. Severability

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)

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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.

Section 2. Definitions

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.

2.03. "Branch " means the Tribal Judiciary, Tribal Council or Tribal Ogema and offices related thereto.

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.

2.12. "Program " means a subdivision of the Tribal government operations located within the Tribal Ogema branch that offers services or benefits at, below, or without cost. Programs are generally supported by Tribal revenues and grants.

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.

2.17. "Tribal Ogema" means the Chief Executive 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.

Section 3. Fiscal Year

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

Section 4. Use of Net Revenues

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.

4.02. Timing of Allocations.

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.

4.03. Re-allocation of Unexpended Funds.

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.

Section 5. Revenues Allocated to Programs and Enterprises, and Boards, Committees and Commissions

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.

5.03. Revenues allocated to programs and enterprises shall be included in the General Fund.

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.

Section 6. Revenues Allocated to the Tribal Judiciary

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.

6.03. Revenues allocated to the Tribal Judiciary shall be included in the General Fund.

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.

Section 7. Revenues Allocated to the Tribal Council and Tribal Ogema Functions

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.

Section 8. Revenues Allocated to Fund the Capital Outlay Budget

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.

Section 9. Revenues Allocated for Investment and Long-term Self Sufficiency of the Tribe - Trust Fund

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.

Section 10. Revenues Allocated for Tribal Economic Development Budget

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.

Section 11. Revenues Allocated to the Rights Protection Fund

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.

11.03. Revenues allocated to the Rights Protection Fund shall be included in the Trust Fund.

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.

Section 12. Revenues Allocated to the Contingency Reserve Fund

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.

Section 13. Severability

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.

Section 14. No Waiver of Sovereign Immunity