MCC.6.3.070 Tribal Governing Board Responsibilities

(a) The Tribal Governing Board shall consider all the information received by the Committee prior to making a decision on whether to issue or deny a pardon or forgiveness application. The Tribal Governing Board may accept, reject or modify the Committee's recommendation.

(b) Deliberations. Deliberations by the Tribal Governing Board shall take place in executive session. The Tribal Governing Board may request, by written notice, that the applicant be present during the deliberations to provide oral testimony or to answer questions. The notice shall be provided to the applicant twenty (20) days prior to the deliberations and shall contain the time, place and date of the deliberations.

(c) Final Decision. The Tribal Governing Board shall issue or deny the pardon or forgiveness in open session, by resolution, including the reasons therefor and shall include for the record a clear indication of any decision and shall list the specific crimes to be pardoned or acts to be forgiven. This decision is final and cannot be appealed. Applicants may be eligible to re-apply for a pardon or forgiveness one (1) year for the date of the most recent denial of a pardon or forgiveness.

(d) Notification. Notification of the final decision shall be sent to the applicant from the Human Resources Director by certified mail or personally served within ten (10) days following the decision. Applicants have a right to documentation of the final decision along with the resolution, and the reason(s) for the final decision.

(e) Resolution. To grant or deny a pardon or forgiveness, a majority vote of the Tribal Governing Board is required.

(f) Eligibilities. Unless otherwise directed by the Tribal Governing Board, a pardon or forgiveness may fully or partially restore some Tribal eligibilities lost as a result of a conviction or act including:

(1) for housing through the Tribe pursuant to the following:

(A) No person shall be allowed admission to housing, either as head of household or other member of household, who has been convicted of the illegal manufacture, sale, or distribution of a controlled substance, or possession with intent to manufacture, sell, or distribute a controlled substance, unless granted pardon and forgiveness;

(B) No person shall be allowed admission to housing, either as head of household or other member of household, who has been convicted with use or possession of a controlled substance with intent to deliver, for a period of five-years after the date of the charge or is granted a waiver pursuant to Title III, Chapter 6 of the LCOTCL – Pardon and Forgiveness Code;

(C) No person shall be allowed admission to housing, either as head of household or other member of household, who has been charged with use or possession of a controlled substance or drug paraphernalia, for a period of three years after the date of the charge or is granted a waiver pursuant to Title III, Chapter 6 of the LCOTCL – Pardon and Forgiveness Code;

(D) Section PRP.7.5.190(b)(1) which provides that a person who has been evicted from a unit of the Housing Authority, or who at the time of the eviction was a member of the household of a person who has been evicted from a unit of the Housing Authority, may not be given temporary or permanent housing in a unit of the Housing Authority unless otherwise granted a waiver (pardon or forgiveness).

(2) for Tribal employment;

(3) an occupational license, certification or permit issued by the Tribe;

(4) a foster care license issued by the Tribe;

(5) or other Tribal benefit.