MCC.6.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Applicant" shall mean an individual who is applying for a pardon or forgiveness from the Tribe.

(b) "Certified Mail" shall mean mail sent through either the United States Postal Service or the Tribal Inter-Office Certified system that provides proof of delivery and receipt.

(d) "Conditions" shall mean a requirement or prerequisite event or activity.

(e) "Conflict of interest" shall mean a conflict between the private interests and the official responsibilities of the committee member.

(f) "Conviction" shall mean an individual was either found guilty or entered a plea of guilty or no contest to charges of a crime in any court of competent jurisdiction.

(g) "Court of Competent Jurisdiction" shall mean any court or forum that has the power and authority to properly exercise jurisdiction over a dispute or interpret and/or enforce laws.

(h) "Crime" shall mean any act, default, or conduct punishable as a felony or a misdemeanor.

(i) "Drug Offense" unlawful use, cultivation, manufacture, distribution, sale, purchase, possession, transportation, or importation of any controlled drug or narcotic or prescription medication for the person does not maintain a current valid prescription.

(j) "Employee" shall mean any individual who is employed by the Tribe and is subject to the direction and control of the Tribe with respect to the material details of the work performed, or who has the status of an employee under the usual common law rules applicable to determining the employer-employee relationship. For the purposes of this ordinance, employee shall include individuals employed by a tribal entity or Tribally Chartered corporation.

(k) "Family member" shall mean a spouse, child sibling, parent, grandparent, grandchild, step-parent, step-child, in-law or legal guardian.

(l) "Forgiveness" shall mean the formal and public act of acknowledging or excusing an individual's actions or behavior that makes him or her ineligible: for housing through the Tribe; for Tribal employment; an occupational license, certification or permit issued by the Tribe; a foster care license issued by the Tribe; or other Tribal benefit.

(m) "Hearing" shall mean a hearing in front of the Committee or the Tribal Governing Board in the absence of an appointed Committee, noticed to the applicant who has an opportunity to present a case for obtaining a pardon or forgiveness from the Tribe.

(n) "Human Resource Director" shall mean the Human Resources Director for the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or his or her designee.

(o) "Individual" shall mean anyone seeking forgiveness for an act(s) that renders him or her ineligible: for housing through the Tribe; for Tribal employment; an occupational license, certification or permit issued by the Tribe; a foster care license issued by the Tribe; or other Tribal benefit.

(p) "Officer" shall mean a person elected or appointed to the executive positions of the Pardon and Forgiveness Screening Committee.

(q) "Pardon" shall mean the formal and public act of acknowledging or excusing a Tribal member's criminal conviction that makes him or her ineligible for Tribal employment, an occupational license, a certification or permit issued by the Tribe, housing through the Tribe, or other Tribal benefit.

(r) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(s) "Restriction" shall mean a limitation or constraint imposed.

(t) "Service Area" shall mean Sawyer County (Wisconsin). See, e.g. 43 C.F.R. 136.22 (a)(6); 49 FR 1291 (1984); 53 FR 32460 (1988); and 72 FR 34262 (2007).

(u) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(v) "Tribal Entity" shall mean a corporation or other organization which is wholly owned by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is operated for governmental or commercial purposes.

(w) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(x) "Tribal" or "Tribe" shall mean the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, and includes all departments, divisions, business units, and other subdivisions of the Tribe.

(y) "Victim" shall mean a person or entity against whom an offense, either civil or criminal, has been committed.