ELE.2.1.040 Findings and Declarations

The Tribal Governing Board finds and declares that:

(a) Article VI of the Constitution and By-Laws of the Lac Courte Oreilles Tribe provides for a referendum on any legislative enactment or proposed enactment on submission by a majority vote of the Tribal Governing Board or upon petition by at least one-hundred (100) qualified voters of the Tribe.

(b) Article VI is self-executing, but specifically provides that the Tribal Governing Board "shall have the authority to enact an ordinance to implement the provisions of this Article." It is necessary for the Tribal Governing Board to enact an ordinance providing orderly procedures for the conduct of referendums in order to implement the constitutional provision.

(c) Orderly procedures, for the conduct of referendums, promotes the transaction of Tribal governmental and commercial business. The Tribe conducts a large amount of its commercial and governmental activities by motion and/or resolution, and the absence of procedures would jeopardize Tribal contractual arrangements, create uncertainty in the conduct of Tribal commercial and governmental business, impair the ability of the Tribe to serve its citizens (members), and subject the Tribe to potential liability for breach or impairment of contract.

(d) The procedures set forth in this ordinance protect the right of referendum and are reasonable and necessary to protect Tribal commercial and governmental operations as well.