Twin Cities:
April 10, 2007-6:30 PM
May 15, 2007-6:30 PM
June 12, 2007-6:30 PM
American Indian Chamber of Commerce
1508 E. Franklin Ave., Minneapolis
Duluth:
April 11, 2007-6:00 PM
May 16, 2007-6:00 PM
June 13, 2007-6:00 PM
Holiday Inn Duluth, 200 W. 1st St.
Downtown Duluth (Free parking)
Grand Portage:
April 12, 2007-6:00 PM
May 17, 2007-6:00 PM
June 14, 2007-6:00 PM
Grand Portage Lodge
Constitution Committee meeting is always held on the Saturday immediately following the forums, at the Grand Portage Lodge, 1PM to 5PM. Everyone welcome.
Second Draft
Actually, we have made numerous changes and additions over the last several weeks as suggested by band members at the forums and Committee meetings. So while we may call this the second draft, in reality it could be considered the sixth or seventh version of the document. So bear that in mind as you review the latest draft recommendations for our new governing document.
Changes and Additions of note
Article II, Section 3: Any person whose application for membership was rejected will now have their appeal heard by our Tribal Court so the appeal will be heard, and any subsequent decision will be made, by a third party that has not considered the question previously. This serves to provide yet another ‘check’ on ourselves as we attempt to provide a balanced and democratic government for the People.
Section 4 of this same Article has been expanded to specifically require the Tribal Council to enact a new Membership ordinance within a specified time frame, and further directs the Council to establish a permanent Enrollment Committee to administer the enrollment function.
Article III, Section 2: The delegation of authority has been expanded to authorize the Tribal Court to interpret this governing document and all other laws of the Band, and apply the provisions of such laws. This is another ‘check and balance’ so a separate governing body makes the laws, while another governing body interprets those same laws.
Section 3 of this same Article, Powers Retained by the People’s Council, has just been restructured to make it more plain just what powers the People’s Council will retain for itself. One additional ‘check and balance’ for our tribal government was added to this Section: The Tribal Council will nominate any Tribal Court Justices, but the People’s Council must confirm that nomination by a majority vote at the People’s Council meeting or by a special tribal election called for that purpose.
Section 4 of this Article, Excepted Powers, has been added to also restrict the People’s Council from any involvement in decisions made by the Tribal Court, to ensure People’s Council cannot violate any provisions of this governing document, nor usurp any individual rights granted to Band members in this document.
Section 6 of this Article (and also found in several other Sections), has been revised to provide specific policy regarding the right to petition by individual Band members. A Band member wishing to use their right to petition must now secure the signatures of a number of members equivalent to twenty (20) percent of the official ballots cast in the most recent tribal election. In other words, determine how many votes were cast in the last tribal election, for example, let’s say 300 votes were cast in the election of 2006; multiply that number by 20% (300 votes x 20% = 60) and we find that sixty (60) signatures would be required to file a legal petition if these numbers were official.
Article III, Section 10, Authorities of the Tribal Council, has been expanded to more specifically detail the powers of the Council, and the language has been updated to reflect a more current description of the powers necessary to run our tribal government.
Article III, Sections 14-17, has been added to provide for the expanded responsibilities of our Tribal Court, and also addresses the enactment of the Judicial Ordinance, Procedures of the Court, and Judicial Independence.
Article VIII, Section 2 has been expanded to include Ethics violations, Conflict of Interest violation, violations regarding adhering to the provisions of our Governing Document, and mental or physical disabilities regarding the removal of a member of the Tribal Council.
Article XI, Rights of Members, has been expanded to specifically enumerate the Civil Rights of individual Band members, and to specifically provide for the right of Initiative for an individual Band member to propose law or amend Band law (excepting the Governing Document) by petition.
Article XIII, Tribal Council Meetings, has been expanded to provide more detail regarding Council meetings and to insert a Conflict of Interest clause in Section 7.
And finally, any reference to another Section or Article using ‘xx’ will be designated by its proper Section or Article number or letter when the final draft has been approved.
Forward-Thinking
We have sought the advice of respected colleagues to provide their opinion regarding the legality of our document, the clarity of language and intended meaning, and the protection of the rights of our members as those rights are addressed in this document. What has become obvious as a result, is the idea that this document of ours is very forward-thinking, especially with regard to the extent we have been able to incorporate our more traditional way of governing into this necessarily modern document. We have been dedicated to planning for a very democratic society, attempting to create more community involvement in the governing of ourselves, and to provide for a governing structure that is well-balanced and even-handed. We have done so because this is what you, the People, have told us is important to you and essential to traditional governing.
Please read on and determine for yourself if we have accomplished our shared goal. We understand there will likely be more changes and additions, and so we ask for your opinion regarding this draft. Thank you, and we hope to see you at the next series of forums and at the Constitution Committee meetings. Soon, we hope to provide every Band member with a full copy of the proposed governing document, including descriptions and definitions of all provisions contained in the document.
Mino-bimadiziwin (Good Life)
The Governing Document of the
Grand Portage Band of Lake Superior Ojibwe
We, the Anishinabe people of the Grand Portage Band of Lake Superior Ojibwe, who nurture democracy and our inherent sovereignty, shall honor Mino-bimadiziwin for all generations.
We hereby pledge to promote the health, education and welfare of ourselves and our descendants; promote our traditions to perpetuate our existence; cultivate the leadership of future generations; govern ourselves under our own laws; maintain and foster our tribal culture; conserve and sustain our natural resources; and protect our rights and interests.
ARTICLE I - ORGANIZATION AND PURPOSE
Section 1. The name of this tribal organization shall be the “Grand Portage Band of Lake Superior Ojibwe.”
Section 2. The purpose of this organization and the function of this governing document shall be to provide for the well-being and to promote the best interests of the People of the Grand Portage Band, and all provisions contained in this governing document shall serve to sustain the People of the Grand Portage Band.
Section 3. We declare our sovereignty as tribal people, and proclaim our right to implement and execute laws to govern ourselves that are in harmony with our own culture and traditions.
ARTICLE II – MEMBERSHIP
(a) Basic Membership Roll. All persons of Grand Portage Band of Lake Superior Ojibwe Indian blood whose names appear on the annuity roll of April 14, 1941, which roll shall be known as the basic membership roll of the Band.
(b) All biological direct descendants of persons listed in Section 1(a), provided, that each subsequent descendant shall have been an enrolled member of the Grand Portage Band of Lake Superior Ojibwe.
(c) The Grand Portage Band of Lake Superior Ojibwe does not provide for adoption into the Band, any person who does not meet the requirements of Section 1(a) or Section 1(b) of this Article.
Section 2. No person shall be eligible for enrollment if enrolled as a member of another Band or Indian nation. In the event a member of the Grand Portage Band of Lake Superior Ojibwe becomes an enrolled member of any other recognized Indian entity, he may be removed from the membership rolls under a procedure provided by ordinance, permitting the opportunity for a hearing.
Section 3. Any person who has been rejected for enrollment as a member of the Grand Portage Band of Lake Superior Ojibwe shall have the right of appeal to the Band’s Tribal Court within thirty days from the date of written notice of rejection.
Section 4. Within ninety (90) days following ratification of this governing document, the Tribal Council shall by a majority vote, enact a Membership Ordinance consistent with the provisions of this document governing the enrollment and membership policy and procedures, the establishment of a permanent Enrollment Committee, and providing for the perpetual administration of the Membership function.
Section 5. The Grand Portage Band of Lake Superior Ojibwe shall have the power to adopt or amend ordinances consistent with this governing document regarding future membership in the Grand Portage Band of Lake Superior Ojibwe.
ARTICLE III - GOVERNING BODY
PEOPLE’S COUNCIL
Section 1. Powers of the People’s Council. Following our tradition, the inherent sovereign power and authority of the People of the Grand Portage Band of Lake Superior Ojibwe shall be placed with the People’s Council of the Grand Portage Band of Lake Superior Ojibwe (hereinafter referred to as the Band). All eligible voters of the Band, regardless of place of residence, are entitled to participate in People’s Council.
Section 2. Delegation of Authority. The People hereby authorize the Tribal Council of the Grand Portage Band of Lake Superior Ojibwe to make laws, enforce said laws, appropriate funds and safeguard our assets in accordance with Article xx. In addition, the People hereby authorize the Tribal Court to interpret and apply the provisions of this governing document and all other laws of the Band.
Section 3. Powers Retained by the People’s Council.
(a) Power of Initiative. The People’s Council retains the power to initiate and enact law in accordance with Article xx. The People’s Council may choose to vote on this issue at a People’s Council meeting, provided a quorum has been established, or refer the decision to a vote of the full membership at a Special Election called by the People’s Council. The right of initiative does not extend beyond the subject of Band ordinances or resolutions and may not be utilized to abrogate any rights of the Tribal Court or abrogate any rights guaranteed to any person under Article XI of this governing document.
(b) Power of Revocation. The People’s Council retains the power to review and repeal law, except those enumerated in Section 4 of this Article. The People’s Council may choose to vote on this issue at a People’s Council meeting, provided a quorum has been established, or refer the decision to a vote of the full membership at a Special Election called by the People’s Council.
(c) Power to Call for a Special Election. The People’s Council retains the power to call for a Special Election.
(d) Power to Recall an Elected Official. The People’s Council retains the power to recall an elected official of the Band in accordance with Article xx, Section x.
(e) Power to Set Policy for the Band. The People’s Council retains the power to set general policy for the Band.
(f) Power to Establish a Priority Directive. The People’s Council retains the power to establish a specific priority directive for the Tribal Council, provided that the action is approved by a 2/3 vote of the People’s Council, at a regular or special meeting of the People’s Council, provided that a quorum has been established.
(g) Power to Select or Remove Tribal Court Justices. The People’s Council retains the power to select or remove Tribal Court Justices in accordance with Article xx, Section x.
(h) The People’s Council retains the power to establish its own procedures in accordance with this governing document, including but not limited to, establishing a Procedural Committee to organize and direct the annual People’s Council meeting.
(i) The certain rights and powers enumerated in this governing document and retained by the People’s Council shall not be construed to deny or limit other inherent rights and powers retained by the members of the Grand Portage Band of Lake Superior Ojibwe, excluding other such powers specifically excepted in Section 4 of this Article.
(j) Official actions of the People’s Council shall be binding.
Section 4. Excepted Powers. The People’s Council does not retain the power to review actions relating to the hiring or firing of personnel; reverse, overturn or otherwise influence any judicial action of the Tribal Court; take any action which is otherwise in violation of this governing document or a usurpation of individual rights as defined in Article XI of this governing document.
Section 5. Annual Meetings. The People shall meet in People’s Council at least one time each year, to be held in Grand Portage on the Saturday and Sunday immediately preceding the observed Memorial Day holiday. This meeting shall be called by the Tribal Chair, and at other times as provided in Section 6 of this Article. The Tribal Chair shall provide notice for all Annual Meetings of the People’s Council.
Section 6. Special Meetings. Special Meetings of the People’s Council shall be called by the Tribal Chair upon petition by a number of members equivalent to twenty (20) percent of the official ballots cast in the most recent tribal election, or upon request of the Tribal Council by a majority vote, or when deemed necessary by the Tribal Chair. The Tribal Chair shall provide notice for all Special Meetings of the People’s Council.
Section 7. Procedures. Twenty (20) percent of the eligible voters of the Band physically present at the People’s Council meeting shall constitute a quorum. Each official action of the People’s Council shall require the presence of quorum. The People’s Council designates the People’s Council Procedural Committee to select a Band member or members to conduct the meeting. A secretary shall be appointed to record the minutes of all People’s Council meetings, including any votes taken. The secretary shall transmit the minutes of People’s Council meetings to the membership and the Tribal Council.
TRIBAL COUNCIL
Section 8. Powers of the Tribal Council. In accordance with Section 2 of this Article, the governing body responsible for the daily and long-term welfare of the Band, as designated by the People’s Council, shall be the Tribal Council.
Section 9. Tribal Council. The Tribal Council shall be composed of the Tribal Chairperson, Executive Officer, Secretary, and Treasurer, whose positions shall be deemed as Officers of the Council, and three (3) Councilors elected in accordance with Article xx. The Tribal Council shall, at its first meeting following an election involving non-officers, select from within the elected Councilors, a Vice-Chair. All candidates for Tribal Council shall file for their respective offices and shall hold their office during the term for which they were elected or until their successors are elected and seated.
Section 10. Authorities of the Tribal Council. The Tribal Council, in accordance with applicable laws or provisions of this governing document, shall have the following powers:
(a) To exercise the inherent powers of the Band by establishing laws through the enactment of ordinances and adoption of resolutions consistent with this governing document.
(b) To promote, protect and provide for public health, peace, ethics, education and general welfare of the Band and its members.
(c) To create by ordinance governing committees, regulatory commissions or subordinate organizations and to delegate to such organizations the power to manage the affairs and enterprises of the Band, provided that no such committee, commission or subordinate organization shall exercise powers of the Tribal Council or People’s Council unless expressly delegated so by either Council.
(d) To establish rules and procedures to regulate all meetings of the Tribal Council, governing committees, special committees and such other regulatory commissions or subordinate organizations created by ordinance.
(e) To take action consistent with this governing document and applicable Federal law, which shall be necessary and proper to carry out the legislative powers of the Band.
(f) To employ legal counsel for the protection and advancement of the rights of the Band.
(g) To consult, negotiate, contract and conclude agreements on behalf of the Band with Federal, state and local governments or private persons or organizations on all matters within the powers of the Tribal Council.
(h) To prevent any sale, disposition, or encumbrance of Band lands, interest in lands, or other Band assets including but not limited to, timber, minerals, gas and oil.
(i) To manage, lease, permit, or otherwise deal with Band lands, interests in lands or other tribal assets.
(j) To engage in any business that will further the economic well-being of members of the Band.
(k) To levy duties, fees, taxes and assessments on non-band members or organizations doing business within the boundaries of the Grand Portage Reservation.
(l) To advise with the Secretary of the Interior when required by law with regard to all federal funding or projects for the benefit of the Band.
And to exercise the following fiscal powers:
(m) To administer any funds within the exclusive control of the Band and to apply these funds for the benefit of the Band and its members. All expenditures of Band funds, under control of the Tribal Council, shall be in accordance with a budget, duly approved by resolution in legal session, and the amounts so expended shall be a matter of public record during all regular business hours. The Tribal Council shall prepare or cause to be prepared in a timely manner, annual budgets for all departments within the scope of authority of the Tribal Council.
(n) To borrow money or to issue temporary or long term evidence of indebtedness for public purposes and to secure the repayment thereof; and to direct the use of such funds for productive purposes, and to pledge or assign chattel or income, due or to become due, when required by Federal law or regulations.
And, in conclusion:
(o) To delegate to, governing committees, other committees, officers, employees or cooperative associations any of the foregoing authorities, reserving the right to review any action taken by virtue of such delegated authorities.
Section 11. Referendum. The Tribal Council shall, upon an affirmative vote of five (5) Council Members, schedule a referendum election by the membership on any proposed or previously enacted ordinance. The referendum election shall be held no sooner than thirty (30) days and no later than ninety (90) days from the date the proposed or existing ordinance is referred to the voters in accordance with this Section. The Tribal Council shall set the date of the referendum election. The vote of a majority of those actually voting shall be binding upon the Tribal Council.
GOVERNING COMMITTEES
Section 12. Powers of Governing Committees. The Governing Committees are granted advisory authority only, and shall provide advisory recommendations to the Tribal Council or the Peoples’ Council as directed by either Council.
Section 13. Authorization of Governing Committees. Within ninety (90) days following ratification of this governing document, an ordinance shall be passed by resolution of the Tribal Council establishing these six (6) permanent committees: Health and Welfare, Cultural Affairs, Governance, Education, Trade, and Land. The advisory responsibilities of each Committee shall be defined in said ordinance, and may be further defined by a majority vote of either the Tribal Council or the People’s Council.
TRIBAL COURT
Section 14. Authorization of Tribal Court. An ordinance shall be passed by resolution of the Tribal Council establishing the Band’s Tribal Court and its jurisdictions.
Section 15. Powers of the Tribal Court. The Tribal Court of the Grand Portage Band of Lake Superior Ojibwe shall have the power to:
(a) Interpret and apply the provisions of this governing document, laws and regulations of the Band.
(b) Review ordinances and resolutions of the Band to ensure they are consistent with this governing document and rule void those ordinances and resolutions deemed inconsistent with this document.
(c) Hear appeals filed by prospective band members whose application for membership has been rejected. In accordance with the Membership Ordinance regulations and upon application of same regulations, the resultant Tribal Court decision shall be final.
(d) Act on behalf of the People when the Tribal Council fails to act as mandated by Article VIII, Section 3, Vacancies and Removal; by receiving petition of appeal, and upon verifying validity of petition, call for a Special Election to place the matter before the People.
(e) Establish court rules, forms and procedures for the Grand Portage Band of Lake Superior Ojibwe Tribal Court following enactment of a Judicial Ordinance mandated in Section 14 of this Article.
Section 16. Procedures. The Tribal Court Justice(s) shall be nominated by a majority vote of the Tribal Council, who shall submit the nomination as an agenda item at the subsequent People’s Council meeting for confirmation or rejection by a majority vote of the People’s Council, provided that a quorum has been established. If the nomination is submitted at least 180 days prior to the next regular meeting of the People’s Council, or in the event a quorum cannot be established in People’s Council, the Tribal Chairperson shall call for a Special Election to place the Tribal Court Justice(s) nomination before the full membership for their confirmation or rejection by a majority vote. The Tribal Court Justice(s) shall serve for an indefinite term and shall not be subject to removal except for cause of illegal conduct or physical or mental inability to carry out the duties of his office as defined in the Judicial Ordinance referred to in Section 14 of this Article.
Section 17. Judicial Independence. The Tribal Court shall be independent from the Tribal Council and no person exercising powers of the Tribal Council shall exercise powers properly belonging to the Tribal Court; provided that the Judicial Ordinance has been enacted, and the first Tribal Court Justice confirmed under this governing document shall take office within ninety (90) days following confirmation by the People’s Council.
ARTICLE IV - TRIBAL ELECTIONS
Section 1. Right to Vote. All elections held for the Grand Portage Band of Lake Superior Ojibwe shall be held in accordance with an Election Ordinance to be adopted by the Tribal Council, which shall provide that:
(a) All members of the Band, eighteen (18) years of age or over, shall have the right to vote at all legal Regular and Special elections.
All elections shall provide for absentee ballots and secret ballot voting.
The Election Board shall be the sole judge of the qualifications of its voters.
The polling places, election boards, time for opening and closing the polls, canvassing the vote and all pertinent details shall be clearly described in the ordinance.
Section 2. Candidates. A candidate for Tribal Chairperson, Secretary, Treasurer, Executive Officer and Councilor must be an enrolled member of the Band and reside within the physical boundaries of the Grand Portage reservation and must have done so continuously for the twelve (12) months immediately preceding the date of election. No member of the Band shall be eligible to hold elected office as a Tribal Councilor or Officer until he shall have reached his twenty-first (21) birthday on or before the date of election, or if he has been convicted of a felony crime in the twenty years preceding the date of the tribal election or any other crime involving dishonesty or moral depravity.
Section 3. Term of Office.
The term of office for all elected Tribal Councilors shall be four years.
The first election held following the date of ratification of this governing document shall be called and held within ninety (90) days following such date. For the purpose of this first election, the Executive Officer, Secretary and Treasurer shall be elected, and will serve a term of office equivalent to the balance remaining of the current four-year term for the incumbent Secretary-Treasurer. Thereafter, the term of office for Executive Officer, Secretary, and Treasurer shall be four (4) years.
To facilitate staggered terms of office for the Tribal Council, two years following the election referred to in Section 3, Paragraph (b) of this Article, the Tribal Chairperson and the three (3) Tribal Councilors shall be elected to four (4) year terms.
ARTICLE V - DURATION OF TRIBAL GOVERNING DOCUMENT
Section 1. The period of duration of The Governing Document of the Grand Portage Band of Lake Superior Ojibwe shall be perpetual unless abrogated by an Act of Congress.
ARTICLE VI - MAJORITY VOTE
Section 1. At all elections held under this governing document, the majority of eligible votes cast shall rule, unless otherwise provided by an Act of Congress.
ARTICLE VII - BONDING OF TRIBAL OFFICIALS
Section 1. The Tribal Council and the People’s Council, respectively, shall require all persons, charged by the Band with responsibility for the custody of any of its funds or property, to give bond for the faithful performance of his official duties. Such bond shall be furnished by a responsible bonding company and shall be acceptable to the beneficiary thereof and the cost thereof shall be paid by the beneficiary.
ARTICLE VIII - VACANCIES AND REMOVAL
Section 1. Any vacancy in the Tribal Council shall be filled by an eligible Band member by election under rules prescribed by the Election Ordinance. During the interim, the Tribal Council shall be empowered to select a temporary Tribal Councilor to represent the People until such time as the election herein provided for has been held and the successful candidate elected and seated.
Section 2. The Tribal Council by a vote of at least five (5) of its seven (7) members shall remove any officer or member of the Council for the following causes:
(a) Gross misconduct or malfeasance in the handling of tribal affairs.
(b) Dereliction or neglect of duty.
(c) Unexcused failure to attend two regular Tribal Council meetings in succession.
(d) Conviction of a felony in any county, state or Federal court while serving on the Tribal Council, or conviction of any other crime involving dishonesty or moral depravity.
(e) Failure to comply with the conditions as set forth in the Ethics Ordinance mandated to be implemented as defined in Article XV, Section 1 of this document.
(f) Failure to disclose a personal conflict of interest as defined in Article XIII, Section 7 of this document.
(g) Refusal to comply with any provisions of this governing document of the Band.
(h) Inability to fulfill the duties of the office due to mental or physical disability, to the extent that he is incapable of exercising judgment about, or attending to the business of, his office.
The removal shall be in accordance with the procedures set forth in Section 3 of this Article.
Section 3. Any member of the Grand Portage Band of Lake Superior Ojibwe may prefer charges upon petition by a number of members equivalent to twenty (20) percent of the official ballots cast in the most recent tribal election, stating any of the causes for removal set forth in Section 2 of this Article, against any member or members of the Tribal Council. The original notice shall be submitted to the Secretary of the Band, and copies shall be made and submitted to remaining members of the Council and to the Tribal Court Justice(s). The Tribal Council shall consider such notice and take the following action as prescribed in this governing document:
(a) The Tribal Council within fifteen (15) days after receipt of the notice or charges shall in writing notify the accused of the charges brought against him and set a date for a hearing to be held within 30 days of the written notification to the member of the Council. If the Tribal Council deems the accused has failed to answer charges to its satisfaction or to appear at the appointed time, the Tribal Council may remove as provided in Section 2 of this Article or it may schedule a recall election that shall be held within thirty (30) days after the date set for the hearing. In either event, the action of the Tribal Council or the outcome of the recall election shall be final.
(b) All such hearings of the Tribal Council shall be held in accordance with the provisions of this Article and shall be open to the members of the Band. Notices of such hearings shall be duly posted at least five (5) days prior to the hearing at the Grand Portage Tribal Headquarters, the Grand Portage Trading Post, online at the grandportage.com website and any other public place deemed appropriate by the Council.
(c) The accused shall be given opportunity to call witnesses and present evidence in his behalf.
Section 4. In the event the Tribal Council fails to act as provided in Section 3 of this Article, any member of the Band may, upon petition by a number of members equivalent to twenty (20) percent of the official ballots cast in the most recent tribal election, appeal to the Tribal Court. This petition shall be filed in accordance with the provisions of Section 3 of this Article. At such time the Tribal Court Justice shall call for a Special Election for the purpose of placing the matter before the People’s Council electorate for their final decision
ARTICLE IX – RATIFICATION
Section 1. Reserved
ARTICLE X – AMENDMENT
Section 1. Reserved
ARTICLE XI - RIGHTS OF MEMBERS
Section 1- Civil Rights. The Grand Portage Band of Lake Superior Ojibwe, in exercising the powers of self-government shall not:
(a) Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble and to petition for a redress of grievances.
(b) Violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.
(c) Subject any person for the same offense to be twice put in jeopardy.
(d) Compel any person in any criminal case to be a witness against himself.
(e) Take any private property for a public use without just compensation.
(f) Deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense.
(e) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year or a fine of five thousand dollars ($5000.00), or both, or the maximum penalty allowed under Federal law.
(f) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law.
(g) Pass any legislation, directed against a designated person, pronouncing him guilty of an alleged crime, without trial or conviction or ex post facto law, which retroactively changes the legality or consequences of a fact or action after the occurrence of that fact or commission of the act.
(h) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.
Section 2. Initiative. Any individual member of the Band shall have the power to initiate ordinances or repeal or amend existing ordinances in the following manner: Initiative petitions shall explain the ordinance to be acted upon in language understood by the signatories. The petitions shall contain the signatures of no less than the number of members equivalent to twenty (20) percent of the official ballots cast in the most recent tribal election, and all signatories shall be eligible voters of the Band and shall be presented to the Tribal Council for action. Upon receipt and following verification of signatures, the Tribal Council may, within thirty (30) days, adopt the initiative measure by a majority vote without alteration. If the Tribal Council fails to adopt the measure, the Tribal Council shall call a special election for the purpose of allowing the general membership to vote on the initiative measure. Initiative elections will be held not less than forty-five (45) days after verification and not more than ninety (90) days in accordance with provisions of this Section. The decision of a majority of the voters in such an initiative election vote shall be binding on the Tribal Council.
The right of initiative does not extend beyond the subject of Tribal ordinances and may not be utilized to abrogate any rights of the Tribal Court or abrogate any rights guaranteed to any person under this Article.
The enumeration of rights in this governing document shall not be construed to deny, limit or disparage other tribal, state or U.S. Constitutional rights retained by Band members.
ARTICLE XII – DUTIES OF THE OFFICERS AND COUNCILORS OF THE TRIBAL COUNCIL
Section 1. The Tribal Chairperson of the Tribal Council shall:
(a) Preside at all regular and special meetings of the Tribal Council.
(b) Assume responsibility for the implementation of all resolutions and ordinances of the Tribal Council.
(c) Sign, with the Secretary of the Tribal Council, on behalf of the Band all official papers when authorized to do so.
(d) Assume supervision of all officers and Councilors of the Tribal Council and, as delegated, take direct responsibility for the satisfactory performance of such officers and Councilors.
(e) Prepare a report of activities of the Tribal Council and shall make this report at each regular meeting of the Tribal Council. He shall include in this report all matters of importance to the Band, and in no way shall he act for the Band unless specifically authorized to do so.
(f) Have responsibility for management of the business activities of the Tribal Council. He shall not act on matters binding the Band until the Tribal Council has deliberated and enacted appropriate resolution, or unless written delegation of authority has been granted.
(g) Not vote in meetings of the Tribal Council except in the case of a tie, or if his vote would cause a tie vote, or in the event of a removal vote as set forth in Article VIII, Sections 2 and 3 of this governing document.
(h) Prepare and deliver a State of the Band Address at the annual meeting of the People’s Council.
Section 2. The Vice-Chairperson of the Tribal Council shall:
(a) In the absence or disability of the Tribal Chair, preside. When so presiding, he shall have all rights, privileges and duties as set forth under duties of the Tribal Chair, as well as the responsibility of the Tribal Chair.
(b) The Vice-Chair shall be responsible for the efficient operation of all Governing Committees set forth in Article III of this document.
(c) The Councilor selected as Vice-Chair shall also serve on one Governing Committee as designated by Tribal Council.
Section 3. The Secretary of the Tribal Council shall:
(a) Keep a complete record of the meetings of the Tribal Council, report such records to the membership in a timely manner, and maintain and secure such records at the headquarters of the Band.
(b) Sign, with the Tribal Chair of the Tribal Council, all official papers as provided in Section 1(c) of this Article.
(c) Be the custodian of all property of the Band.
(d) Keep a complete record of all business of the Tribal Council. Make and submit a complete and detailed report of the current year's business and shall submit such other reports as shall be required by the Tribal Council.
(e) Serve all notices required for meetings and elections.
(f) The Secretary shall also serve on one Governing Committee as designated by Tribal Council.
(g) Perform such other duties as may be required of him by the Tribal Council.
Section 4. The Treasurer of the Tribal Council shall:
(a) Receive all funds of the Band entrusted to it, deposit same in a depository selected by the Tribal Council, and disburse such tribal funds only on vouchers signed by the Tribal Chair and Secretary.
(b) Keep and maintain, open to inspection by members of the Band or representatives of the Secretary of the Interior when federal law requires, at all reasonable times, adequate and correct accounts of the properties and business transactions of the Band.
(c) Make a monthly report and account for all transactions involving the disbursement, collection or obligation of tribal funds. He shall present such financial reports to the Tribal Council at each of its regular meetings.
(d) Prepare and deliver a financial accounting of all Band enterprises and Tribal Government operations at the annual meeting of the People’s Council.
(e) The Treasurer shall also serve on one Governing Committee as designated by Tribal Council.
Section 5. The Executive Officer of the Tribal Council shall:
(a) Assume supervision of all executives and employees of the Band and, as delegated, take oversight responsibility for the satisfactory performance of such executives and employees.
(b) The Executive Officer shall also serve on one Governing Committee as designated by Tribal Council.
Section 6. The Tribal Councilors (non-officers) shall:
(a) Be assigned respectively to serve the northern Minnesota or southern Minnesota Band members in addition to their local representation responsibilities.
(b) The Tribal Councilors shall also serve on one Governing Committee as designated by Tribal Council.
Duties and functions of all standing committees, officers, and employees of the Tribal Council shall be clearly defined by resolution of the Tribal Council.
ARTICLE XIII - TRIBAL COUNCIL MEETINGS
Section 1. Regular Meetings. The Tribal Council shall meet in regular session at least once each month on the last Wednesday of the month. The schedule of meetings for regular sessions of the Tribal Council for the next calendar year shall be set by resolution of the Tribal Council at the last regular session of each calendar year. The meeting schedule for each calendar year shall be published and made available to the general membership.
Section 2. Notice shall be given by the Secretary of the Tribal Council of the date and place of all meetings by mailing a notice thereof to the members of the Tribal Council not less than 15 days preceding the date of the meeting. Notice shall also be posted at two public locations deemed appropriate by the Tribal Council, and online at the grandportage.com website at least 10 days prior to scheduled meeting.
Section 3. Special Meetings of the Tribal Council shall be called by the Tribal Chair upon a written request of at least three members of the Tribal Council. The Tribal Chair shall also call a special meeting of the Tribal Council whenever he shall deem it necessary.
Section 4. Emergency Special Meetings designated for matters pertaining to the Band, or those of special importance warranting immediate action of the Band shall be called by the Tribal Chair, and at his discretion, he may waive the 15-day clause provided in Section 2 of this Article.
Section 5. Open Meetings; Closed Sessions. All meetings of the Tribal Council shall be open to the Band membership. However, the Council may meet in closed session for the following purposes:
(a) Personnel Matters, provided the employee in question did not request a public meeting, or
(b) Business matters involving consideration of bids or contracts which are privileged or confidential, or
(c) Claims by and against the Tribe.
Minutes shall be maintained relating to all business conducted in open or closed session. The general reason to meet in closed session shall be placed on the record in open session. The minutes of business conducted in closed session shall be maintained in a closed file in perpetuity; however, such minutes of closed sessions may be opened to the public upon a majority vote of the Tribal Council, upon final disposition of the matter concerned or upon order of the Tribal Judiciary. Upon conclusion of a closed session, announcement of the resumption of open session shall be made before adjournment.
Section 6. Procedures. Four members of the Tribal Council physically present at the regular or special meeting shall constitute a quorum. The current edition of Robert's Rules of Order shall be used to provide guidance in the governance of its meetings. Except as provided in said Rules, no business shall be considered officially transacted unless a quorum is present. The Tribal Council shall determine its own rules of procedure for meetings of the Tribal Council, subject to any limitations imposed in this Section. Such rules and procedures shall provide for an opportunity for the Band membership to be heard on any question under consideration by the Tribal Council.
Section 7. Conflict of Interest. When a Tribal Councilor has a personal interest in an issue or matter to be voted on by the Tribal Council, other than those common to all Band members, which would require balancing personal interest against interests of the Band, such member shall physically remove himself from the vicinity of any discussion regarding the matter, abstain from voting on that matter due to conflict of interest and shall disclose the nature of the conflict. The fact that a Tribal Councilor may not vote on an issue due to conflict of interest shall not prevent that Councilor from voting on other matters or from determining the establishment of a quorum. Failure to disclose a potential conflict of interest is cause for removal, and where a matter of potential conflict has been disclosed, the Tribal Council shall determine by majority vote whether the Councilor shall abide by the provisions of this Section, although no Councilor shall be compelled to vote regarding an issue as to which he believes a conflict exists.
Section 8. Action by the Tribal Council. The Tribal Council shall act officially only by ordinance, resolution or motion.
Section 9. Order of Business at any meeting so far as possible shall be:
(a) Call to order by the presiding officer.
(b) Invocation.
(c) Roll call.
(d) Reading and disposal of the minutes of the last meeting.
(e) Reports of committees and officers.
(f) Unfinished business.
(g) New business.
(h) Adjournment.
ARTICLE XIV – INSTALLATION OF TRIBAL COUNCIL MEMBERS
Section 1. At the first regular meeting of the Tribal Council following the election of any members of the Tribal Council who have been duly elected by the membership, the new members shall be installed, upon subscribing to the following oath:
"I, ____________________, do hereby pledge to honor Mino-bimadiziwin and our culture and traditions, work to improve the well-being of our people and to protect our rights, interests, and resources; I further pledge to protect and follow the provisions of The Governing Document of the Grand Portage Band of Lake Superior Ojibwe, and execute my duties as a member of the Tribal Council to the best of my ability granted me by the Great Spirit."
ARTICLE XV – ETHICS
Section 1. Within ninety (90) days following ratification of this governing document, the Tribal Council shall by a majority vote of the Tribal Council, enact an Ethics Ordinance governing the ethical manner in which tribal officials, representatives of the Band, and employees shall conduct themselves in the performance of their official duties.
ARTICLE XVI – SEVERABILITY AND SAVINGS CLAUSE
Section 1. Severability. If any part of this governing document is found to be invalid or unconstitutional by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remainder of The Governing Document of the Grand Portage Band of Lake Superior Ojibwe shall remain and continue in full force and effect.
Section 2. Savings Clause. All prior laws, ordinances and resolutions enacted by the Grand Portage Band of Lake Superior Ojibwe shall remain in full force and effect to the extent that they are consistent with this governing document or until such time as they might be duly rescinded or repealed pursuant to the provisions of this governing document.
ARTICLE XVII – CERTIFICATION OF ADOPTION
Pursuant to an order approved etc. etc.
Signatures, etc.
