Title MCC Meetings, Committees, and Commissions

Chapter MCC.1 Tribal Government Code of Conduct of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians [Suspended]

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians relating to the operation of the Tribal Government and the delivery of governmental services, which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Articles III and V of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "determine its own procedures" Article III, § 6; and "to regulate, by enactment of ordinances, the conduct of business within the territory of the Band," Article V, § 1 (n). As leaders of the Odaawa-Zaaga'iganing Nation, the Tribal Governing Board will represent the citizens (members) by acknowledging the traditional and cultural values of Wisdom, Love, Respect, Bravery, Honesty, Humility, and Truth. The Tribal Governing Board shall exhibit the highest level of integrity and fairness while representing the needs of the entire Tribe. The Tribal Governing Board shall provide effective leadership while being held accountable to make fair and informed decisions. The Tribal Governing Board shall strengthen government-to-government by enacting legislation further protecting Tribal Sovereignty. This ordinance sets forth standards by which Elected Officials will conduct themselves in order to protect and promote Tribal integrity and to enhance the ability of the Tribe to achieve its objectives in a manner consistent with all applicable laws and regulations. This ordinance is also intended to guide and direct all Elected Officials in dealing with situations they may encounter while in office thereby assisting Elected Officials in making the right choices when confronted with difficult decisions.

Subchapter MCC.1.1 Introduction [Suspended]

MCC.1.1.010 Title [Suspended]

This ordinance shall be known as the Tribal Government Code of Conduct of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

MCC.1.1.020 Authority [Suspended]

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians relating to the operation of the Tribal Government and the delivery of governmental services which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Articles III and V of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "determine its own procedures" Article III, § 6; and "to regulate, by enactment of ordinances, the conduct of business within the territory of the Band," Article V, § 1 (n). The Lac Courte Oreilles Tribal Government is founded on the consent of the governed. The citizens of the Tribe are entitled to have complete confidence in the loyalty and integrity of their Elected Officials. To that end this ordinance establishes clear standards of ethical conduct and behavior of the Elected Officials to the Tribal Governing Board. This ordinance seeks to require accountability to the citizens of the Tribe by the Tribal Governing Board in exercising the authority vested with them. It is the intention of the Tribal Governing Board that the provisions of this ordinance be construed and applied in each instance, so as to accomplish its purpose in protecting the Tribe's citizens from government decisions and actions resulting from, or affected by, undue influence or conflict of interest.

MCC.1.1.030 Purpose [Suspended]

(a) The purpose of this ordinance is to set forth standards by which Elected Officials will conduct themselves in order to protect and promote Tribal integrity and to enhance the ability of the Tribe to achieve its objectives in a manner consistent with all applicable laws and regulations.

(b) The ordinance is intended to guide and direct all Elected Officials in dealing with situations they may encounter while in office. The ordinance provides assistance in making the right choices when confronted with difficult decisions.

MCC.1.1.040 Effective Date [Suspended]

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

MCC.1.1.050 Interpretation [Suspended

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the governance related activities of the Tribe;

(b) Shall be liberally construed in favor of the Tribe;

MCC.1.1.060 Limited Waiver of Individual Immunity [Suspended]

The absolute immunity of individual Tribal Governing Board members alleged to have violated this ordinance is waived to the extent that the Tribe can pursue action for sanctions or penalties in connection with, or as a result of, unethical or improper conduct as established in this ordinance. This provision in no way waives the sovereign immunity of the Tribe.

MCC.1.1.070 Severability and Non-Liability [Suspended]

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

MCC.1.1.080 Repeal of Inconsistent Tribal Ordinances [Suspended]

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

Subchapter MCC.1.2 General Definitions [Suspended]

MCC.1.2.010 General Definitions [Suspended]

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Compensatory time" and "compensatory time off" means paid time off, which is not counted as hours worked during the applicable workweek, or other work period for purposes of overtime compensation, and for which the Elected Official is provided compensatory time.

(b) "Confidential Information" means any and all information disclosed to the Elected Official by the Tribe including, but not be limited to, electronic files, email, CDs, copyright, service mark and trademark registrations and applications, patents and patent applications, licenses, agreements, unique and special methods, techniques, procedures, processes, routines, formulas, data, know-how, trade secrets, innovations, inventions, discoveries, improvements, research and development and test results, research papers, specifications, software, quality controls, formats, plans, sketches, drawings, models, customer lists, customer and supplier identities, all financial information and projections, budgets, business plans and objectives, concepts, ideas, and all other documentation and information, including, without limitation, any information divulged in verbal conversations disclosed from the Tribe to the Elected Official. Confidential Information also includes personnel, financial and legal information of the Tribe, its programs, operations, enterprises and employees, including but not limited to information encompassed in any reports, investigations, research or development work, mailing lists, bid lists, directories, listings, plans, specifications, proposals, marketing plans, financial projections, cost sheets, bid estimates, bid spreadsheets, vendor or subcontractor quotes, financial data and any and all concepts or ideas, materials or information related to the business, products, or services of the Tribe or its customers and vendors.

(c) "Extreme Circumstance" means an unscheduled or unplanned circumstance exceeding an ordinary, usual, or expected event.

(d) "Meetings" means the meetings of the Tribal Governing Board including regular, special, and emergency meetings.

(e) "Elected Official" means any person elected or appointed to serve on the Tribal Governing Board.

(f) "Fringe Benefit" means an extra benefit supplementing an Elected Official's salary, such as: health insurance, Worker's compensation, 401(k) benefits, short-term and long-term disability.

(g) "Good Faith" means that there is an objective basis for the allegation and does not require definitive proof.

(h) "Immediate Family Member" means Husband, Wife, Son, Daughter, Mother, Father, Brother, Sister, Grandparent, Grandchild, Niece, Nephew, Aunt and Uncle (including great-grandparents, in-laws, and step-relationship etc.). Immediate family member may also include a partner who has been in a relationship for a period of time or in relationship under Ojibwe tradition and practices.

(i) "LCOCHC" means the Community Health Center of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(j) "Positive Test Result" means the results from a test that establish a Blood Alcohol Concentration of 0.02 grams of alcohol per 100 milliliters of a person's blood or while the person has 0.02 grams of alcohol per 210 liters of a person's breath; or are results that confirm the presence of illegal substance; or are results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage

(k) "Serious Health Condition" means a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This ordinance covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long term health condition which, if left untreated, would result in a period of incapacity of more than three (3) days would be considered a serious health condition.

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

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

(n) "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.

(o) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(p) "Under the Influence of Alcohol, Illegal Drugs or Controlled Substances" means a Blood Alcohol Concentration that indicates a positive test result as established in Section MCC.1.6.250(a); or results that confirm the presence of illegal substance; or results that confirm the presence of a controlled substances that an employee does not have a valid prescription for or the levels exceed the prescribed dosage.

(q) "Valid Prescription" means a prescription that is current and issued for a medical purpose in the usual course of professional practice by a practitioner or a covering practitioner who has conducted at least 1 in-person medical evaluation of the patient.

Subchapter MCC.1.3 Principles [Suspended]

MCC.1.3.010 Conduct in Conformity with Applicable Rules and Laws [Suspended]

(a) The actions of Elected Officials reflect their commitment to conduct all of the Tribe's activities in an honest, ethical and professional manner in compliance with all applicable laws and regulations and with Tribal policies.

(b) Elected Officials shall at all times conduct themselves in a light so as to reflect respectfully upon the Tribal members and government, and comply with all applicable laws of the Tribe with respect to their conduct in the performance of the duties of their respective office.

MCC.1.3.020 Equal Representation [Suspended]

(a) Elected Officials shall represent the interests of all members of the Tribe and not serve special interests inside or outside of the Tribe.

(b) To fully represent the interests of the Tribe, Elected Officials shall:

(1) Not engage in any business activity that appears to be unethical or illegal;

(2) Refuse any illegal offers, solicitations, payments, or other payment to induce business opportunities;

(3) Refuse any offer that has the appearance of being an illegal or inappropriate offer, solicitation, payment or remuneration.

MCC.1.3.030 Integrity [Suspended]

Elected Officials shall not use their position and/or Tribal resources to serve their own personal, financial, or business interests.

MCC.1.3.040 Confidentiality [Suspended]

To respect the privacy of Tribal members, employees, and clients, Elected Officials, as established in Subchapter MCC.1.7 of this ordinance, shall not use or disclose confidential information gained in the course of or by reason of their official position or activities, to further their own economic and personal interest or that of anyone else. Elected Officials shall in any event maintain strict confidentiality over such information received, regardless of economic or personal gain.

MCC.1.3.050 Responsibility [Suspended]

(a) Elected Officials shall respect the laws that govern the operation of the Tribe and the treatment of Tribal members.

(b) The actions of Elected Officials reflect their commitment to conduct Tribal activities in an honest, ethical and professional manner. In carrying out their responsibilities, Elected Officials shall:

(1) Adhere to both the letter and the spirit of applicable Tribal, Federal, and State laws and regulations;

(2) Maintain high standards of business and ethical conduct in accordance with applicable federal, Tribal and state laws and regulations, including laws and regulations dealing with fraud, waste and abuse;

(3) Be truthful and straightforward in dealing with other government agencies;

(4) Maintain a workplace free of discrimination, harassment, violence and intimidation, and that is drug-free. Elected Officials shall not tolerate any form of threatening or abusive behavior.

(5) Follow Tribal/Indian preference in employment as allowed by law in accordance with Section PAP.1.4.020, Section PAP.4.4.020, Section PAP.5.4.020, Section PAP.7.4.020, Section PAP.9.4.030.

MCC.1.3.060 Competence [Suspended]

(a) Elected Officials shall perform their duties by making informed decisions in good faith and in a manner believed to be in the best interests of the Tribe.

(b) To maintain confidence in the Tribal government, such officials shall:

(1) Practice good faith in all transactions occurring during the course of business;

(2) Deal openly, effectively, and honestly with fellow Tribal members, Elected Officials, employees, contractors, government agencies and others;

(3) Conduct business dealings in a manner such that the Tribe shall be the beneficiary of such dealings;

(4) Make educated decisions based on sufficient inquiry and accurate information.

MCC.1.3.070 Accountability [Suspended]

(a) Elected Officials are bound by the provisions of this ordinance and shall address behavior inconsistent with this ordinance in an effective and efficient manner as set forth in this ordinance.

(b) Elected Officials will adhere to the principles of this ordinance by:

(1) Becoming familiar with the provisions of this ordinance and the policies and procedures applicable to Elected Officials;

(2) Providing open communication channels to allow Tribal members and employees to pursue compliance or ethical questions without fear of retaliation;

(3) Immediately reporting any suspected violations of this ordinance or of any applicable law or regulation, as set forth herein for investigation;

(4) Not taking any disciplinary action or otherwise retaliating in any form against any Tribal member or employee, who, in good faith, reports a concern, issue, problem, or violation of the law, regulations or the provisions of this ordinance.

(5) Take alleged violations and suspected violations seriously, as they could delay, compromise, or otherwise impair the services the Tribe provides.

Subchapter MCC.1.4 Conflict of Interest [Suspended]

MCC.1.4.010 Conflict of Interest [Suspended]

(a) No Elected Official shall use, or attempt to use, any official or apparent authority of their office or duties which places, or could reasonably be perceived as placing their private economic gain or that of any special business interests with which they are associated, before those of the Tribal membership, whose paramount interests their office or employment is intended to serve.

(b) It is the intent of this section that Elected Officials of the Tribe avoid any action, whether or not specifically prohibited by the provisions of this ordinance as set out herein, which could result in, or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to any special interest organization or person;

(3) Interfering with governmental or managerial efficiency or economy;

(4) Losing or compromising complete independence or impartiality of actions;

(5) Making a government or management decision outside official channels;

(6) Adversely affecting the confidence of the Tribal members in the integrity of the government and administration of the Tribe.

(c) No Elected Official shall participate in the selection, or in the award or administration of a contract supported by Federal funds and/or Tribal funds, if a conflict of interest, real or apparent, would be involved.

(d) A conflict of interest shall be deemed to arise for purposes of this section when the Elected Official or any member of their immediate family has a financial or other interest in the firm or person selected for the contract or grant award.

MCC.1.4.020 Anti-Nepotism [Suspended]

(a) No Elected Official shall employ, elect, appoint or otherwise cause to be employed, nor nominate or otherwise influence the appointment or employment to any Tribal office or position with the Tribe or any governmental or tribal entity thereof, any person or persons in their immediate family, nor any member of the same household of said Elected Official.

(b) Assignment of such persons to duties, positions, governmental offices or other entities shall in all instances be made in strict compliance with the current provisions of this ordinance and the following provisions of the governmental and tribal entity personnel policies and procedures manuals: Section PAP.1.4.100, Section PAP.4.4.100, Section PAP.5.4.100, Section PAP.7.4.100, Section PAP.9.4.080 and Section PAP.9.4.090.

MCC.1.4.030 Conflict of Interest Statements and Official Action [Suspended]

(a) Disclosure. It is the premise that all Elected Officials who have interests which might conflict with their duties should divulge those interests. Disclosure shall also extend to those interests held by his/her immediate family, when they are known by the Elected Official.

(b) When an Elected Official is required to take action on a matter in which such Elected Official has a personal economic interest, they should first consider eliminating that interest. If that is neither feasible nor required under this Code, such Elected Official shall:

(1) Disclose to the Tribal Council the matter requiring action and the nature of the potential conflict, as soon as such Elected Official is aware of the responsible party for inclusion in the official record of any vote or other decision or determination;

(2) Abstain from voting, sponsoring, influencing or in any manner attempting to influence any vote, official decision or determination which would favor or advance such person's personal economic interest in such matter; and

(3) Abstain from voting or otherwise participating in the official decision or determination of such matter, unless otherwise legally required by law, or unless such person's vote, position, recommendation or participation is contrary to their personal economic interest.

(c) Unless otherwise provided by applicable law, the abstention by such person from voting or otherwise participating in the official determination or decision shall not affect the presence of such person for purposes of establishing a quorum necessary for a governmental body.

Subchapter MCC.1.5 Fiduciary Duty [Suspended]

MCC.1.5.010 Economic Interests [Suspended]

(a) To avoid using governmental positions to serve their own personal, financial, or business interests, Elected Officials shall:

(1) Not participate in governmental or management decisions in which they have a business, financial, or professional interest outside of the Tribe which they represent.

(2) No Elected Official shall accept or receive any benefit, income, favor or other form of compensation for performing the official duties of their office or employment, beyond the amount or value which is authorized and received in their official capacity for performing such duties.

(3) Not solicit, or offer anything of value in the course of business dealings;

(4) Avoid using the Tribe's resources for their own personal, financial, or business interests. Elected Officials shall utilize authorized employees and staff only for the official purposes for which they are employed or otherwise retained.

(5) No Elected Official, however, shall accept any benefit, income, favor or other form of compensation for the performance of the duties of any other office or employment not actually performed or for which such official or employee is not otherwise properly authorized or entitled to receive.

(6) Strictly prohibit kickbacks, bribes, rebates or any kind of benefits intended to induce business benefits.

(7) Report reimbursable expenses accurately and to only one source; and avoid receiving any financial gain as a result of business travel or entertainment.

(8) Elected Officials shall not:

(A) Use supplies and services in a manner that creates waste or abuse. Elected Officials must be responsible and accountable for the proper use of all Tribal property and equipment entrusted in their care.

(B) Use any property of the Tribe or any other public property of any kind for other than as authorized and approved for official purposes and activities. Such persons shall properly protect and conserve all such property, equipment and supplies which are so entrusted, assigned or issued to them.

(9) Elected Officials shall not engage in transactions that will provide them an economic advantage due to information received through their public office or employment, and such officials shall not acquire any property or other economic interest when doing so that will substantially affect or influence the performance of their official actions or duties.

MCC.1.5.020 Tribal Government Contracts: Restrictions and Bid Requirements [Suspended]

(a) No Elected Official shall participate in the selection or in the award or administration of a contract or grant award of funds from any government agency, if a conflict of interest, real or apparent, shall be involved.

(b) No Elected Official or any member of such person's immediate family shall be a party to, nor have an interest in the profits or benefits of, any government contract of the Tribe or of any investment of funds of the Tribe, unless the contract or the investment meets the following requirements:

(1) The contract is let by notice and competitive bid or procurement procedures as required pursuant to Chapter PAP.2 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) – Property and Procurement Policies and Procedures, as well as all other applicable laws, rules, regulations and policies of the Tribe, for necessary materials or services for the governmental agency or entity involved; and

(2) In the continuous course of business, the bid was commenced before the Elected Official assumed their current term of office or employment; and

(3) The entire transaction is conducted at arm's length, with the governmental agency's full knowledge of the interest of the Elected Official or a member of their immediate family; and

(4) The Elected Official has taken no part in the determination of the specifications, deliberations or decisions of a governmental agency with respect to the public contract.

(c) This provision shall not apply to such persons qualifying for housing benefits from the Tribe pursuant to Chapter PRP.7 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) – Housing Authority Code or for medical benefits from the Indian Health Service or other programs available to all Tribal members pursuant to Title III, Chapter 7 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) – Community Health Center Code.

MCC.1.5.030 Gifts, Awards, Loans, Reimbursements and Campaign Contributions [Suspended]

(a) Except as otherwise provided herein or by applicable rule or regulation adopted hereunder by the Tribe, or by other applicable law, no Elected Official shall solicit or accept for themselves or another, any gift, including economic opportunity, favor, service, or loan (other than from a regular lending institution or Tribally sponsored lending program on generally available terms) or any other benefit from any person, organization or group which:

(1) Has, or is seeking to obtain, contractual or other business or financial relationships or approval from any governmental office or entity with which the Elected Official is associated or employed; or

(2) Conducts operations or activities which are regulated or in any manner supervised by any governmental office or entity with which the Elected Official is associated or employed; or

(3) Has any interest which, within the past two (2) years or in the foreseeable future, has been or will be directly affected by an official action (or inaction) of such Elected Official or the Election Official's office.

(b) The restrictions established in Section MCC.1.5.030(a)(1) above shall not be construed to prohibit:

(1) An occasional non-financial gift, insignificant in value (less than $200.00);

(2) Gifts from and obviously motivated by family or social relationships, as among immediate family members or family inheritances;

(3) Food and refreshments customarily made available in the ordinary course of meetings where an Elected Official may properly be in attendance;

(4) An award or honor customarily and publicly presented in recognition of public service.

(5) Gifts received in fulfillment of ceremonial obligations as established pursuant to the traditional and customary law of the Tribe.

MCC.1.5.040 Tribal Entity Monetary Benefits [Suspended]

(a) Except as otherwise provided herein or by applicable rule or regulation adopted hereunder by the Tribe, or by other applicable law, no Elected Official shall authorize any monetary benefits to another without the consensus approval (four signatures) of the Tribal Governing Board including but not limited to the following:

(1) Rooms or other charges at the Lac Courte Oreilles Casino, Lodge and Convention Center. Any charges at the Casino will be deducted from the monthly Tribal Distribution.

(2) Gas or other charges at any Tribal gas station.

(3) Any charges at the Landing.

(4) Any other charges as otherwise established by the Tribal Governing Board.

MCC.1.5.050 Purchase Policy [Suspended]

All Elected Officials shall comply with the procurement law and policy of the Tribe as established in Chapter PAP.2 of the LCOTCL – Property and Procurement Policies and Procedures and Chapter PAP.10 of the LCOTCL – Governmental Fiscal Policies and Procedures.

MCC.1.5.060 Travel Policy [Suspended]

All Elected Officials shall comply with Travel law and policy of the Tribe as established in Chapter PAP.3 of the LCOTCL – Travel Policies and Procedures. This Travel Policy establishes the rules governing travel by all Elected Officials in the performance of their official duties on behalf of the Tribe ("Business Travel") and the purchase or use of modes of transportation, such as personal automobiles, Tribal vehicles, rental vehicles, tolls, parking, accommodations, air fare, etc. (collectively "Travel Services").

Subchapter MCC.1.6 Employment, Compensation and Benefits [Suspended]

MCC.1.6.010 Compensation [Suspended]

(a) The Tribal Governing Board shall establish salary classifications for each position of the Tribal Governing Board in accordance with the established policy and procedures of the Tribe.

(b) An Elected Official may receive income, honoraria or reimbursement of expenses attributable to the performance of duties during a duly called Tribal Governing Board meeting or in the fulfillment of government functions in accordance with Section MCC.1.6.010(a) above and the established policy and procedures of the Tribe.

(c) Elected Officials may not receive income, honoraria or reimbursement of expenses from a second source beyond the Tribe if such payment is already paid by the Tribe and would result in a double payment to the Elected Official.

MCC.1.6.020 Work Site Accommodations [Suspended]

The Tribe is exempted from the federal and state offered definition of an employer as provided by the American's with Disabilities Act, 42 USC § 12111 (5) (B). However, as a matter of its own internal policies the Tribe discourages discrimination against persons with disabilities and when possible seeks to accommodate persons with disabilities on the job. When possible, the Tribe will make reasonable efforts to provide reasonable accommodations to all Elected Officials, including work site accessibility. An Elected Official must notify the Tribal Governing Board, in writing of any requested reasonable accommodation within a reasonable period of time after the Elected Official learns of the need for such accommodation.

MCC.1.6.030 Personnel Files [Suspended]

(a) The Tribe will create and maintain a personnel file for each Elected Official beginning at the time the Elected Official takes office. These files are the sole property of the Tribe and are deemed confidential. All Elected Official files, past and present, will be secured in a locked location at all times. Access will be limited to the Human Resource Director or designee, the executive director, or an Elected Official or his or her representative if designated in writing which states the purpose of the disclosure. An Elected Official may inspect his or her personnel file in the Human Resources department by contacting the Human Resource Director, or designee, to make an appointment. Files will be reviewed in a secure location under the supervision of the Human Resource Director, or designee. A personnel file may contain the following types of information:

(1) Records of all disciplinary actions;

(2) Starting pay scale and subsequent increases;

(3) Training records;

(4) Copy of certification or licenses as applicable;

(5) Award or honors in recognition of public service;

(6) Other documents relevant to an Elected Officials fulfillment of duties as established by the Tribal Governing Board.

(b) The Accounting Department will maintain time, attendance, and payroll and leave records for each Elected Official in a separate file.

MCC.1.6.040 Medical Documentation [Suspended]

The Tribe will maintain Elected Official documentation as it relates to Doctor's excuse for longer than the allowable three day absence, return to work statements or any limitations on type of work to be performed by the Elected Official. This information shall be maintained alongside an Elected Official's personnel file, but shall be maintained in a separate file. Access will be limited to the Human Resource Director, or designee. All personal medical related information is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, 110 Stat. 1936.

MCC.1.6.050 Hours of Work [Suspended]

(a) The standard work hours for the Tribal Government are from 8:00 a.m. to 4:30 p.m. Each Elected Official may establish his or her own work schedule as their official duties mandate. A written approval shall be maintained in an Elected Official's personnel file.

(b) Each Elected Official must accurately record, sign and attest to the hours being paid by signing an approved timesheet or timecard. Each timesheet or timecard shall accurately reflect the actual hours being paid during the pay period for justification purposes and distributed by the correct payroll and account/department coding for each Elected Official. The timesheet or timecard is a legal record of hours worked and may not be altered without consent of the Elected Official. Each Elected Official is responsible for the accuracy of their timesheet or timecard. Timecards are the property of the Tribe and must remain in the timecard rack. No Elected Official shall knowingly punch the timecard of another Elected Official or employee or allow another Elected Official or employee to punch his or her timecard.

MCC.1.6.060 Pay Period [Suspended]

The Tribe's pay period is from Monday through Sunday and all hours worked during this period are to be recorded as defined in Section MCC.1.6.050 of this ordinance.

MCC.1.6.070 Attendance [Suspended]

Punctuality and regular attendance are essential to the effective operation of the Tribe. Elected Officials must report to work on time. Any Elected Official who will be absent from work must notify the executive assistant or administrative assistant of the Tribal Governing Board no later than their respective scheduled start time. Any Elected Official who wants to leave early for any reason must sign out and sign in upon return. Failure to report for three consecutive regularly scheduled board meetings, without an excuse acceptable to the majority of the Tribal Governing Board, are considered to be grounds for removal from office pursuant to Article III, § 7 (b) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

MCC.1.6.080 Compensatory Time [Suspended]

Elected Officials are compensated on a salary basis and will not accrue compensatory time for hours worked in excess of forty (40) hours in a workweek.

MCC.1.6.090 Payroll Deductions [Suspended]

Various payroll deductions are made each payday to comply with applicable laws, including but not limited to federal income tax withholding and social security. At the end of each calendar year, the Tribe will provide each Elected Official with a Wage and Tax Statement (W-2) form. This statement summarizes Elected Official income and deductions for the year.

MCC.1.6.100 Bank Deposits or Payroll Deductions [Suspended]

The Tribe may automatically deposit an Elected Official's paychecks at financial institutions and may provide for payroll deductions, subject to applicable, charges, procedures and limitations. In addition, the Tribe may make deductions from an Elected Official's paychecks in accordance with orders issued by a court of competent jurisdiction. An Elected Official's should contact the Accounting Department with any questions.

MCC.1.6.110 Workers' Compensation [Suspended]

The Tribe carries insurance to cover the cost of work-incurred injury or illness. Benefits help pay for an Elected Official's medical treatment and a portion of any income lost while recovering. An Elected Official's must report any work-related injury or illness to the Tribal Governing Board by completing the "First Report of Injury or Illness Form," which must be completed within the timelines as stated in the Chapter CMP.6 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law (LCOTCL) – Worker's Compensation Code. Refer to the Chapter CMP.6 – Worker's Compensation Code for additional guidelines.

MCC.1.6.120 Available Benefits [Suspended]

(a) The following is a brief list of benefits available to Elected Officials;

(1) Group Health Insurance/COBRA

(2) Holiday

(3) Personal Time Off (PTO)

(4) Additional Paid Leave

(5) Unpaid Leave

(6) Family and Medical Leave

(7) Life Insurance, Disability Insurance and Retirement Plan

(8) Employee Assistance Program

(9) Christmas Bonus

(b) The Tribal Governing Board reserves the right, at its sole and absolute discretion, to rescind or amend benefits, to change insurance carriers, or to require Elected Officials to contribute towards premium costs. The Tribal Governing Board may make these changes at any time, except as provided by law. While the Tribal Governing Board intends to continue offering sponsored benefits, there is no guarantee that such benefits will always be available.

MCC.1.6.130 Group Health Insurance / Cobra [Suspended]

(a) Group Health Insurance is through the Federal Employee Health Benefits; FEHB. An Elected Official may select an insurance provider that best meets their individual needs through FEHB. FEHB is offered for both single, single plus one, and family coverage. An Elected Official will be required to pay 21%, or as amended from time to time by official action of the Tribal Governing Board, of the premium for the plan selected. An Elected Official's portion of payment will be made through payroll deductions done weekly.

(b) An Elected Official who is covered by the group health plan may have the right to choose continuation of health coverage if coverage is lost upon the conclusion of the Elected Official's term of office or upon an Elected Official's removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Continuation coverage is provided pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, and later amendments, otherwise known as "COBRA". Elected Officials should contact the Human Resource Director for additional information regarding qualifying events or other requirements of COBRA.

MCC.1.6.140 Holiday Leave [Suspended]

The Tribe grants Elected Officials paid holiday leave. The Tribal Governing Board will approve the holiday schedule at least one (1) month prior to the beginning of a new calendar year. Elected Officials will receive the following paid holidays:

(a) New Year's Eve Day and New Year's Day (2 Days)

(b) Martin Luther King Jr. Day

(d) President's Day

(e) Good Friday

(f) Easter Monday

(g) American Indian Day

(h) Memorial Day

(i) Independence Day

(j) Honor the Earth Powwow (Friday prior to or the Monday after)

(k) Labor Day

(l) Indigenous Day

(m) Veterans Day

(n) Thanksgiving (2 Days)

(o) Christmas Eve Day and Christmas Day (2 Days)

(p) Other official holidays as established by the Tribal Governing Board

MCC.1.6.150 Personal Time Off [Suspended]

(a) Elected Officials will accrue paid Personal Time Off (PTO) at the following rates:

(1) If elected or employed with the Tribe or a Tribal Entity up to four (0 to 4) years, 16 hours per month for a total of 192 hours per year.

(2) If elected or employed with the Tribe or a Tribal Entity four years to twelve years (4 to 12), 20 hours per month for a total of 240 hours per year.

(3) If elected or employed with the Tribe or a Tribal Entity more than twelve (12+) years, 24 hours per month for a total of 288 hours per year.

(b) In no circumstance shall Elected Official accrue any amounts over the maximum designated accumulations stated above. If an Elected Official is on any leave without pay the Elected Official will not accrue any PTO until the Elected Official returns to full time status. An Elected Official who has been removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians shall forfeit all accrued PTO leave. At no time other than upon the conclusion of the Elected Official's term of office, may an Elected Official cash out accrued PTO Leave.

(c) For purposes of calculating length of service it will be the responsibility of the Elected Official to provide the Tribal Governing Board with a statement from the Tribe's Human Resources Director or other tribal entities stating the start and end dates. The length of service will only be calculated utilizing the certifiable time for an Elected Official that left a position in good standing (i.e. not termination).

(d) Prior to the utilization of accrued PTO, Elected Officials must schedule the use of accrued PTO time so it will not interfere with the Elected Official's governmental responsibilities, except as otherwise provided by law. If an Elected Official is on PTO and there is early release or closure of the governmental offices, the Elected Officials shall be credited any such leave during the period of early release or closure.

MCC.1.6.160 Sharing Personal Time Off [Suspended]

Elected Officials are permitted to share PTO.

MCC.1.6.170 Additional Paid Leave [Suspended]

The Tribe grants Elected Officials additional paid leave in certain situations, including the following:

(a) Civil Leave. The Tribe grants Elected Officials paid civil leave during the required absence when any Elected Officials appears as a witness for the federal, state or Tribal Government, in obedience to a subpoena. An Elected Official must promptly notify the Tribal Governing Board upon receipt of any subpoena. If an Elected Official receives any stipend for such civil leave, he or she must use PTO during any work absence for such service. No Elected Official shall take both compensated time and stipend pay during the required absence for civil leave.

(b) Jury Duty Leave. The Tribe grants Elected Officials paid leave during the required absence for jury service. An Elected Official must promptly notify the Tribal Governing Board upon receipt of any notice to appear. If an Elected Official receives any stipend for such jury duty leave, he or she must use PTO during any work absence for such service. No Elected Official shall take both compensated time and stipend pay during the required absence for jury service.

(1) All Elected Officials will be given a five (5) day leave without loss of pay for funeral services for immediate family.

(2) All Elected Officials will be given up to three (3) day leave without loss of pay for assisting the family during their immediate time of loss.

(3) All other funeral leave will be limited to no more than one (1) day with pay to attend the funeral services.

(d) Maternity Leave. The Tribe grants female Elected Officials up to eight (8) weeks, a maximum of three hundred and twenty (320) hours paid leave, for time to deliver and care for a newborn child. If an Elected Official has medical problems prior to delivery, she may utilize paid maternity leave, subject to the maximum limit, with written verification from her doctor. An Elected Official must promptly notify the Tribal Governing Board of the utilization of such leave. The paid leave under this section is included in the maximum leave provided for in Section MCC.1.6.190 of this ordinance.

(e) Paternity Leave. The Tribe grants Elected Officials up to two (2) weeks, maximum of eighty (80) hours, paid leave to care for a newborn child. An Elected Official must promptly notify the Tribal Governing Board of the utilization of such leave. The paid leave under this section is included in the maximum leave provided for in Section MCC.1.6.190 of this ordinance.

(f) The Tribe grants Elected Officials up to two (2) weeks, maximum of eighty (80) hours, paid leave for adoption, customary adoption, guardianship, protective placement, or an emergency safety plan of a pre-school (0-5 years of age) child. Leave may be granted prior to the legal proceedings having been completed. An Elected Official must promptly notify the Tribal Governing Board of the utilization of such leave. The paid leave under this section is included in the maximum leave provided for in Section MCC.1.6.190 of this manual.

(g) Military Leave. The Tribe grants Elected Officials up to ten (10) days, maximum of eighty (80) hours, paid leave upon presentment of official orders requiring attendance for training or to perform other duties as a member of the United States Armed Forces. An Elected Official serving on military leave with pay will be paid only the difference between compensation fees received for such duties and his or her normal salary. An Elected Official must promptly notify the Tribal Governing Board of the utilization of such leave. The Tribe will look to the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. § 4301 et. seq. solely as a guideline in determining the return status for Elected Officials who take extended military leave.

(h) Voting Leave. The Tribe grants Elected Officials two (2) hours paid leave to exercise the right to vote subject to the voting verification requirements established by the Tribal Governing Board.

(i) Birthday Leave. The Tribe grants Elected Officials eight (8) hours of paid leave for the Elected Officials birthday, provided the Elected Officials must take such leave within five (5) calendar days, either before or after, the date of the birthday.

(j) In-House Medical Appointments. The Tribe grants Elected Officials paid release time to attend medical appointments at the Lac Courte Oreilles Community Health Center.

MCC.1.6.180 Unpaid Leave [Suspended]

(a) Disciplinary Leave. The Tribal Governing Board consistent with Subchapter MCC.1.11 of this ordinance, may take disciplinary action, up to and including removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, without pay, against Elected Officials who violate the provisions of this Ordinance.

(b) 30-Day Leave of Absence. The Tribe may grant Elected Officials up to thirty (30) days unpaid leave, without loss of their elected status. An Elected Official must request and obtain the prior written approval of the Tribal Governing Board to utilize this leave. The Tribal Governing Board may grant such leave only when the resulting leave will not adversely affect the operations of the Tribe.

(c) Religious Leave. The Tribe grants Elected Officials up to an additional fifteen (15) days of unpaid religious leave. An Elected Official must promptly notify the Tribal Governing Board of the utilization of such leave.

MCC.1.6.190 Family and Medical Leave [Suspended]

Elected Officials may be eligible for up to twelve (12) weeks of family and medical leave during any twelve (12) month period. The leave may be paid, unpaid, or a combination of paid and unpaid, depending on the circumstances. This policy sets forth the Tribe's policies and procedures for requesting family and medical leave.

(a) Eligibility for Leave. To be eligible for family and medical leave under this policy all of the following conditions must be met:

(1) An Elected Official must have been elected or employed with the Tribe or a Tribal Entity for at least twelve (12) months or fifty-two (52) weeks.

(2) An Elected Official must have been elected or employed with the Tribe or a Tribal Entity and worked at least one thousand two hundred fifty (1250) hours during the twelve (12) months immediately preceding the request for leave.

(b) Reasons for Requesting and Types of Leave. Elected Officials who are eligible for leave under this policy may request up to twelve (12) workweeks of unpaid leave during any twelve (12) month period for the following reasons:

(1) To care for a child following the child's birth or placement for adoption or foster care (this may be taken only within twelve (12) months of the birth or placement).

(2) To care for an immediate family member who has a serious health condition as defined in Section MCC.1.2.010(k) of this manual.

(3) Because the Elected Official has a serious health condition as defined in Section MCC.1.2.010(k) of this manual, which prevents the Elected Official from performing the functions of office.

(c) If an Elected Official takes PTO for a condition that progresses into a serious health condition and the Elected Official requests unpaid leave as provided under this policy, the Tribe may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

(d) Elected Officials can take up to twelve (12) weeks of leave under this policy during any twelve (12) month period. The Tribe will measure the twelve (12) month period as a rolling twelve (12) month period measured backward from the date an Elected Official uses any leave under this policy. Each time an Elected Official takes a leave, the Tribe will compute the amount of leave the Elected Official has taken under this ordinance and subtract it from the twelve (12) weeks of available leave, and the balance remaining is the amount the Elected Official is entitled to take at that time. An Elected Official's family or medical leave taken may run concurrently with other types of leave including workers' compensation and other leaves, such as short-term or long-term disability, etc.

(e) Intermittent or Reduced Work Schedule Leave. Leaves may be taken all at once or on an intermittent or reduced work schedule basis. Intermittent or reduced work schedules may be used only in the following circumstances:

(1) In situations where leave is requested due to the birth, adoption or acceptance of a child in foster care, intermittent or reduced work schedules will be granted at the sole discretion of the Tribal Governing Board and if granted must be taken within one (1) year of the birth or placement of the child.

(2) In situations where leave is requested in order to care for an immediate family member who suffers from a serious health condition or because of an Elected Official's own serious health condition, intermittent or reduced work schedules will be granted only when an Elected Official can prove to the Tribal Governing Board that the leave is medically necessary.

(f) Use of Paid and Unpaid Leave. Elected Officials who have accrued PTO must use paid leave first and take the remainder of the twelve (12) weeks as unpaid leave.

(1) Elected Officials who take a leave because of their own serious health condition or the serious health condition of a family member must use all accumulated PTO prior to being eligible for unpaid leave.

(2) Elected Officials who take leave for the birth of a child must use paid PTO for physical recovery following childbirth, except where such leave is compensated as paid maternity leave under this ordinance or as paid short-term or long-term disability leave. These Elected Officials must then use all paid vacation, and then will be eligible for unpaid leave for the remainder of the twelve (12) weeks. Elected Officials who take leave for the adoption or acceptance of a child in foster care must use all paid PTO prior to being eligible for unpaid leave.

(g) Procedure for Requesting Leave. In situations where leave is foreseeable, Elected Officials must provide written notice to Tribal Governing Board at least thirty (30) days prior to the date on which the leave is scheduled to begin. If the leave is foreseeable due to a planned medical treatment, Elected Officials must make reasonable efforts to schedule the treatment(s) to minimize disruptions to governmental operations. If circumstances occur, in which it is not practicable to provide thirty (30) days' notice, Elected Officials must provide written notice as far in advance as is practicable. If an Elected Officials fails to provide thirty (30) days advance written notice of a requested leave and have no reasonable excuse, the leave may at the Tribal Governing Board's discretion be delayed for up to thirty (30) days from the date of written notice.

(h) Medical Certification Requirement. When leave is requested because of a serious health condition affecting an Elected Official or his or her immediate family member, the Tribe requires the Elected Official to obtain certification of the health condition from the pertinent doctor or health care provider. This certification must be provided to the Tribal Governing Board within fifteen (15) days after the leave is requested or, when the need for leave was unforeseeable, within fifteen (15) days after the leave has commenced unless it is not practicable to do because of the nature of the health condition.

(1) If an Elected Official seeking leave due to a serious health condition fails to provide the required medical certification, the leave will be denied until the certification is provided. If the leave request was not foreseeable, such as in a medical emergency, the failure to provide the required medical certification within a reasonable time may result in the denial of continuation of leave. Medical certification provided in justification of a request for leave must include the following information:

(A) The date on which the serious health condition started and its expected duration,

(B) The diagnosis concerning the condition,

(D) A statement of whether in-patient hospitalization is required, or

(E) A statement that the Elected Official is needed to care for his or her immediate family member afflicted with a serious health condition or, if the Elected Official has the serious health condition, a statement that he or she is unable due to the health condition to perform the essential functions of the position or work of any kind.

(2) The Tribal Governing Board, if it doubts the certification, at its expense, may require an Elected Official seeking leave due to a serious medical condition to obtain a second opinion from a doctor or other health care professional designated by the Tribal Governing Board. If the second opinion conflicts with the certification provided by the Elected Official, the Tribal Governing Board may, at its sole discretion and at its expense, require a third opinion from a doctor or other health care professional designated jointly by the Tribal Governing Board and the Elected Official. Such a third opinion will be final and binding.

(3) If an Elected Official plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. During a leave taken under this section, Elected Official may be required to provide, periodically, written notice to the Tribal Governing Board concerning his or her status and intention to return to work.

(i) Return from Leave. Upon completion of leave due to an Elected Official's own serious health condition, the Elected Official must provide the Tribal Governing Board with medical certification from his or her doctor or other health care professional that the Elected Official is now able to return to work. If an Elected Official fails to provide this certification, he or she will not be permitted to return to work until such certification is provided. The Tribal Governing Board may choose to exempt an Elected Official from this requirement and remove them from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(j) Health Benefits during Leave.

(1) During a leave taken pursuant to this ordinance, an Elected Official's health benefits under any existing Tribal sponsored health plan will be continued as if the Elected Official had continued his/her duties in office continuously for the duration of the leave. If, however, an Elected Official fails to return at the end of a leave taken under this policy, except if this is due to the continuation, recurrence or onset of a serious health condition or something else beyond the Elected Official's control, then the Tribal Governing Board may recover from the Elected Official all of the health care premiums paid to maintain health coverage during the leave.

(2) If under the Tribe's current policy, an Elected Official pays a portion of the health care premium, while on paid leave, the Tribe will continue to make payroll deductions to collect the Elected Official's share of the premium. While on unpaid leave, the Elected Official must continue to make this payment, either in person or by mail. The payment must be received by the first day of each month. If the payment is more than thirty (30) days late, the Elected Official's health care coverage may be dropped for the duration of the leave.

MCC.1.6.200 Life Insurance, Disability Insurance and Retirement Plan [Suspended]

If requested by an Elected Official, the Tribe provides Elected Officials Life and Disability insurances along with a Retirement Plan. An Elected Official wanting these types of benefits should consult with the Tribe's Benefit's Administrator for further information.

MCC.1.6.210 Employee Assistance Program [Suspended]

The Tribe recognizes that individual Elected Officials may develop personal problems which could have negative effects on performance of their office. The Tribe offers an Employee Assistance Program (EAP) for all Elected Officials, the purpose of which is to encourage the early diagnosis and treatment of personal, psychological, and medical problems. Elected Officials are encouraged to contact the Human Resource Director, or designee, for information regarding the EAP. Elected Officials are responsible for submission of all documents and paperwork to pay the costs incurred for services rendered in connection with the EAP. Elected Officials may utilize their health insurance plan as coverage is available; otherwise the service will be self-pay. Elected Officials may attend a scheduled EAP appointment with the LCO-CHC during work hours. If the EAP appointment is at another facility the Elected Official may use permitted paid or unpaid leave for EAP absences.

(a) Self-Referral. An Elected Official may request assistance from the Tribal Governing Board for personal, psychological, or medical reasons at any time during their term of office. Strict confidentiality will be maintained throughout this process.

(1) Procedure: The Tribal Governing Board shall provide the Elected Official and the Human Resource Director, or designee, with written notice using the LCOCHC – Behavior Health Clinic intake form and a signed consent form to release and or share information pertaining to the referral. The Human Resource Director will set up the EAP Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Regardless of any EAP referral, Elected Officials must maintain an acceptable level of fulfillment of their duties of office. Documentation of completion or non-completion of the EAP will be on file in the Elected Official's personnel file as established pursuant to Section MCC.1.6.030 of this ordinance.

(A) A leave of absence to attend inpatient treatment shall be granted to Elected Officials requesting assistance through self-disclosure. The leave of absence may not exceed 12 weeks pursuant to Section MCC.1.6.190 of this ordinance.

(B) Elected Officials placed on a leave of absence from self-disclosure shall:

(i) Be allowed to maintain tribally sponsored Health; Life and short-term disability Insurance Benefits during the leave. The Elected Official will be responsible for their portion of insurance premiums.

(ii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iii) Any accrual of Paid Time Off hours shall be in accordance with the provisions on family and medical leave pursuant to Section MCC.1.6.190 of this manual.

(C) An Elected Official returning to duty following a leave of absence from self-disclosure will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to their elected office. If the Elected Official is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Elected Officials who refuse to take a test are thereby considered to have produced a positive test result and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon receipt of a positive test result as defined in Section MCC.1.2.010(h), the Elected Official shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) of this ordinance.

(b) Tribal Governing Board Referral. The Tribal Governing Board shall refer an Elected Official to the Human Resource Director, or designee, when an Elected Official's conduct mandates as such.

(1) Procedure: The Tribal Governing Board shall provide the Elected Official and the Human Resource Director, or designee, with written notice using the LCOCHC – Behavior Health Clinic intake form and a signed consent form to release and or share information pertaining to the referral. The Human Resource Director will set up the EAP Process with the LCOCHC – Behavioral Health Director. The Behavioral Health Director will report to the Human Resource Director on the status of the referral within five (5) working days after receipt of the referral. Elected Officials shall comply with the referral to the EAP and follow subsequent recommendations for referral and treatment. Failure to show-up for required scheduled EAP appointment shall cause the Elected Official to be considered to having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Documentation of completion or non-completion of the EAP will be on file in the Elected Official's personnel file as established pursuant to § 1.603 of this ordinance.

(A) A leave of absence to attend inpatient treatment shall be granted to Elected Officials when required by an approved LCOCHC- Behavioral Health EAP treatment plan. The leave of absence may not exceed 12 weeks pursuant to Section MCC.1.6.190 of this ordinance.

(B) Employees placed on a leave of absence when required by an approved LCOCHC- Behavioral Health EAP treatment plan shall:

(ii) Be allowed to utilize any accrued Paid Time Off hours earned prior to the leave.

(iii) Any accrual of Paid Time Off hours shall be in accordance with the Tribe's policies on family and medical leave pursuant to Section MCC.1.6.190 of this ordinance.

(C) An Elected Official returning to duty following a leave of absence from a referral of the Tribal Governing Board will be required to undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription as a condition of returning to their elected office. If the Elected Official is suspected to be under the influence of alcohol at the time of return to drug screen, a PBT may be requested. Elected Officials who refuse to take a test are thereby considered to have produced a positive test result and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Upon receipt of a positive test result as defined in Section MCC.1.2.010(h), the Elected Official shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) of this ordinance.

MCC.1.6.220 Christmas Bonus [Suspended]

Christmas bonuses may be paid to Elected Officials as determined by the Tribal Governing Board, which will be subject to any funding or other limitations.

MCC.1.6.230 Alcohol and Drugs [Suspended]

(a) All Elected Officials of the Tribe are subject to the drug testing procedures as provided in Section MCC.1.6.250 of this ordinance.

(b) Elected Officials are expected to perform the duties associated with their office with a clear mind, unimpaired by drugs or alcohol. The Tribal Governing Board has determined in enacting this section that it is important for the leadership of the Tribe to be at the forefront of protecting the Tribe and combating the "State of Emergencies" against the abuse of methamphetamine, heroin, prescription, synthetic and illegal drugs that are in effect. The Tribal Governing Board recognizes that drug problems associated with an Elected Official can tremendously affect his or her capacity and motivation to carry out their duties of protecting the sovereignty, safety, and economic well-being of the Tribe and its citizens and enforcing the laws on their behalf. Drug problems associated with an Elected Official can also cause shame, enormous pain and anguish to the citizens of this Tribe as well as hurt, confusion, and disappointment to the Tribe's young people who should be looking at their leaders as role models to be admired and followed. For the aforementioned reasons, no Elected Official under the influence of alcohol, illegal drugs or controlled substances as established in Section MCC.1.2.010(o) shall be permitted to perform the duties associated with their office.

(c) Elected Officials, while on the Tribe's property or on duty, shall not be under the influence of alcohol or illegal drugs; possess or consume alcoholic beverages; possess or consume prescription drugs in the absence of a valid prescription; or use, sell, possess, transfer or purchase illegal drugs or controlled substances. Prescription drugs shall be used only in the manner, combination, and quantity prescribed by a licensed medical practitioner while on the Tribe's property or while on duty. As a condition of service to the Tribe, all Elected Officials must notify the Tribe of any criminal drug statute conviction or charges against them no later than five (5) days after receiving such conviction or charges.

(d) Drug means any substance other than alcohol capable of altering an individual's mood, perception, pain level or judgment. A prescribed drug is any substance prescribed for individual consumption by a licensed medical practitioner. An illegal drug is any drug or controlled substance, the sale or consumption of which is illegal.

MCC.1.6.240 Drug Free Workplace Act Compliance [Suspended]

(a) The Tribe has established a policy providing for a drug-free workplace as required by the Drug Free Workplace Act of 1988, 41 U.S.C. 701 et. seq. As such, the Tribe hereby publishes a statement notifying Elected Officials that the Tribe prohibits the unlawful manufacture, illegal distribution, dispensation, possession or use of a controlled substance in the workplace. Any Elected Official who violates this policy shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) General Provisions.

(1) Consent. No alcohol test may be administered, urine sample obtained, or any drug test conducted without the consent of the person being tested. An Elected Official gives consent to participate in any and all forms of testing as a condition of holding office on the Tribal Governing Board.

(2) Record Keeping. It is essential that all necessary documentation from each form of testing is maintained in the Human Resources Department in applicable Elected Official files for no less than five (5) years. Elected Official violations will never expire.

(3) Notice of Conviction or Charges. An Elected Official will be responsible for notifying the Tribal Governing Board in writing within five (5) day of any criminal drug statute conviction or charges for violation.

(4) Illegal Distribution or Illegal Dispensing of Controlled Substance on Tribal property. Any Elected Official who manufactures, illegally distributes, or illegally dispenses a controlled substance on Tribal property or while on duty shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(c) Re-election after Removal. Any Elected Official who has been removed from office for violation of the Tribe's Drug-Free Workplace Policy may be eligible for re-election upon proof of rehabilitation provided by an accredited treatment facility that the person has been to treatment or has successfully completed appropriate treatment and is in recovery.

MCC.1.6.250 Drug and Alcohol Testing Procedures [Suspended]

All Elected Officials are subject to drug and alcohol testing, including reasonable suspicion, return-to-duty, and random drug testing. Drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following five classes of drug and correlative cutoff concentrations: Marijuana; Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone; Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA) and Methylenedioxyethylamphetamine (MDEA); Phencyclidine (PCP). Elected Official are encouraged to contact the Human Resource Director, or designee, with any questions regarding drug and alcohol testing. Failure or refusal of an Elected Official to participate in an Tribal Governing Board-directed drug test shall be considered as having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(a) General Drug and Alcohol Testing Procedures. In cases where an Elected Official is required to undergo testing for the presence of alcohol or drugs including reasonable suspicion, return-to-duty, and random drug testing, the following procedures shall apply:

(1) LCO-CHC using a licensed laboratory of the LCO-CHC choice that conducts substance abuse testing that is deemed appropriate by the Tribal Governing Board for business purposes; i.e., screening and confirmatory testing, will take a sufficient sample to assure that confirmation testing can occur in the event of an initial positive test result. The initial cost for this testing will be incurred by the Tribe.

(2) The laboratory evaluation of the samples will be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse.

(3) In the event of a positive test result, a confirmation test will be performed by a laboratory specified in Section MCC.1.6.250(a)(2) above, using the original sample (not a new sample). The confirmation test will be based on a different analytical method of higher analytical certainty.

(4) The Elected Official within two (2) working days of the results must request any further confirmation testing (using the original sample) by a laboratory specified in subs. 1(a) above, in writing. Costs of confirmation testing incurred will be paid by the Elected Official.

(5) The results of any drug or alcohol tests shall be kept confidential, except information shall be shared with the Tribal Governing Board as deemed necessary. All policies regarding Elected Official personnel records shall be strictly adhered to and followed in accordance with the provisions of this ordinance.

(6) A portable breath test (PBT) conducted by a Class 1 PBT Certified person of the LCO-CHC choice that is deemed appropriate by the Tribal Governing Board for business purposes shall be utilized for alcohol testing.

(b) Probable Cause Testing Procedures.

(1) Upon a finding by the Tribal Governing Board that there is probable cause that an Elected Official is either under the influence of alcohol (under the influence shall mean a blood alcohol concentration of 0.02 grams of alcohol per 100 milliliters of a person's blood or while the person has 0.02 grams of alcohol per 210 liters of a person's breath) or drug abuse that is impairing the employee's ability to carry out job-related activities, the Elected Official shall be required to be tested for the presence of drugs or alcohol pursuant to Section MCC.1.6.250(b)(3), below. A finding of probable cause and directive requiring the Elected Official to submit to testing for drugs or alcohol must be in writing signed by the a member of the Tribal Governing Board. The probable cause finding must be supported by evidence of specific, personal observations concerning performance of official duties, appearance, behavior, speech, or bodily odors of the Elected Official. If hearsay information is received, such information must be corroborated by personal observations, or observations and evaluation by the Tribal Governing Board.

(2) Once the Tribal Governing Board has determined that probable cause pursuant to Section MCC.1.6.250(b)(1), above exists, the Tribal Governing Board shall immediately contact the Human Resource Director, or designee and convey that an Elected Official is under the influence of alcohol or a controlled substance and that such influence is impairing the Elected Official's ability to carry out his or her official duties.

(3) Upon receiving contact from the Tribal Governing Board, the Human Resource Director, or designee shall have the Elected Official drug tested and if alcohol related have the Elected Official submit to a portable breath test (PBT) conducted by a Class 1 PBT Certified person as specified in Section MCC.1.6.250(a)(6), above. If the Elected Official refuses to take a test (including but not limited to a drug test, drug urine test, or PBT test) after being requested to do so, the Elected Official shall be considered as having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(4) Upon receipt of a positive test result, the Elected Official shall be immediately relieved of their duty station and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) above. Upon receipt of a positive confirmation test result pursuant to Section MCC.1.6.250(a) above, the Elected Official shall be referred by the Human Resource Director, or designee to participate in the Employee Assistance Program pursuant to Section MCC.1.6.210(b) of this ordinance. Failure to comply and successfully complete an approved LCOCHC- Behavioral Health EAP treatment plan within the timeframe established in the treatment plan shall be construed as the Elected Official having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(1) All Elected Officials shall be included in the Tribe's Preventive Testing Program (Random Testing). Preventive Testing shall be conducted at unscheduled and unannounced times. If an Elected Official is participating in the EAP they may be exempt from Section MCC.1.6.250(e), below, if a subsequent violation is a result of their initial EAP referral.

(2) Method of Conducting Preventive Testing.

(A) A non-biased selection procedure will be used to assure equitable distribution in the selection process.

(B) The randomly generated list of individuals to be tested will be kept on file for 2-years.

(3) Elected Officials who are selected for preventative testing and refuse to take a test shall be construed as the Elected Official having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. An Elected Official has up to three (3) hours to provide a sample and may not leave the property. Consideration for extending the timeframe will be afforded the Elected Official if the Elected Official is cooperating, i.e. drinking water or other fluids. An Elected Official who fails to provide a sample within the allotted or extended timeframe shall be construed as the Elected Official having failed to carry out his or her official duties and the Elected Official may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(4) If an Elected Official that is selected for preventative testing is on travel, PTO, or other leave, the Elected Official shall be notified upon their return to their office to comply with the preventative testing procedure pursuant to Section MCC.1.6.250(c)(3), above.

(5) Upon receipt of a positive test result, the Elected Official shall be immediately relieved of their duty station and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and the positive test sample will be sent for a confirmation test result pursuant to Section MCC.1.6.250(a) above.

(d) Return to Duty Procedures. An Elected Official returning to duty following a chemical dependency related leave of absence must receive a release by a licensed physician stating that the reasons for the Elected Official being placed on leave have been resolved.

(e) Discipline for Drug Testing Violation. In all cases, an Elected Official may face legal consequences for his/her actions.

(1) Any Elected Official who uses (or is under the influence of) alcohol and/or drugs, possesses alcohol and/or drugs or intoxicants on Tribal property or while on duty shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(2) Any Elected Officials who refuse to take a test are thereby considered to have produced a positive test result and shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(f) Re-election after Removal. Any Elected Official who has been removed from office for violation of the Tribe's Drug-Free Workplace Policy may be eligible for re-election upon proof of rehabilitation provided by an accredited treatment facility that the person has been to treatment or has successfully completed appropriate treatment and is in recovery.

MCC.1.6.260 Inspection and Search [Suspended]

(a) The Tribe has the authority to inspect or search the entire work-place, including, but not limited to any office or desk when there are reasonable grounds for suspecting that the search will turn-up evidence that an Elected Official violated any provision of this ordinance or otherwise engaged in misconduct related to their elected office.

(b) The Tribe has the authority to inspect or search, when the inspection or search is necessary for non-investigatory purpose related to elected office, including locating and retrieving any information from a location within the work place.

(c) The Tribe has the authority to inspect or search any related to their elected office's personal possessions located within the governmental facilities when there are reasonable grounds for suspecting that the search will turn-up evidence that an Elected Official violated any provision of this ordinance or otherwise engaged in misconduct related to their elected office.

(d) If an Elected Official is found to be in possession of any item or substance prohibited by this ordinance or otherwise fails to comply with any inspection or search conducted in accordance with this ordinance, the Elected Official shall be considered to having failed to carry out his or her official duties and may be removed from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Any illegal substances that are found, in the course of an inspection or search, will be turned over to law enforcement.

MCC.1.6.270 Workplace Violence [Suspended]

(a) The Tribe is concerned about the increased violence in society, which has also filtered into many workplaces, and has taken steps to help prevent incidents of violence from occurring at its facilities. It is the Tribe's policy to expressly prohibit any acts or threats of violence against any Elected Official or employee in or about our facilities or elsewhere at any time. The Tribal Governing Board shall not condone any acts or threats of violence against an Elected Official, employee, customers, or visitors on the Tribe's property at any time or while they are engaged in business with or on behalf of the Tribe, on or off our premises.

(b) In keeping with the spirit and intent of this policy, and to ensure the objectives in this regard are attained, the Tribe is committed to the following:

(1) To provide a safe and healthful work environment;

(2) To take prompt remedial action, up to and including removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, against any Elected Official who engages in any threatening behavior or acts of violence or who uses any obscene, abusive, or threatening language or gestures;

(3) To take appropriate action when dealing with customers, former employees, or visitors to our property who engage in such behavior. Such action may include notifying the police or other law enforcement personnel and prosecuting violators of this policy to the maximum extent of the law;

(4) To establish viable security measures to ensure that the Tribe's facilities are safe and secure to the maximum extent possible and to properly handle access to the Tribe's facilities by Elected Officials, the public, off-duty employees, and former employees.

(c) Elected Officials, employees, former employees, customers and visitors shall not bring or possess unauthorized firearms or other weapons onto the Tribe's premises. Any Elected Official who displays a tendency to engage in violent, abusive, or threatening behavior or who otherwise engages in behavior that the Tribal Governing Board, in its sole discretion, deems offensive or inappropriate, or who possesses a firearm or weapon in violation of this policy will be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(d) Elected Officials have a "duty to warn" Tribal Management of any suspicious workplace activity or situations or incidents that they observe or that they are aware of that involve other Elected Officials, employees, former employees, customers, or visitors and that appear problematic. This includes, for example, threats or acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or remarks, and the like. Reports made by Elected Officials pursuant to this policy will be held in confidence to the maximum possible extent. The Tribe will not condone any form of retaliation against any Elected Official for making a report under this policy.

MCC.1.6.280 Off-Duty Misconduct [Suspended]

Elected Officials shall not engage in off-duty misconduct which is deemed detrimental to the Tribe. While it is impossible to predict every detrimental situation, the Tribal Governing Board may determine that off-duty misconduct is adverse to the Tribe, because it is serious in nature; is at odds with an Elected Official's duties; or is notorious and has the potential to discredit the Tribe. Any arrest shall be reported to the Tribal Governing Board within 72 hours. Any arrest shall be subject to review by the Tribal Governing Board, and may include removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians depending on the determination and severity of the allegations leading to an arrest. An arrest and conviction related to misconduct shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter MCC.1.7 Confidentiality [Suspended]

MCC.1.7.010 Confidentiality [Suspended]

(a) In the course of performing duties for the Tribe, Elected Officials may obtain or become aware of confidential information, such as any and all information disclosed to the Elected Official by the Tribe including, but not be limited to, electronic files, email, CDs, copyright, service mark and trademark registrations and applications, patents and patent applications, licenses, agreements, unique and special methods, techniques, procedures, processes, routines, formulas, data, know-how, trade secrets, innovations, inventions, discoveries, improvements, research and development and test results, research papers, specifications, software, quality controls, formats, plans, sketches, drawings, models, customer lists, customer and supplier identities, all financial information and projections, budgets, business plans and objectives, concepts, ideas, and all other documentation and information, including, without limitation, any information divulged in verbal conversations disclosed from the Tribe to the Elected Official. Confidential Information also includes personnel, financial and legal information of the Tribe, its programs, operations, enterprises and employees, including but not limited to information encompassed in any reports, investigations, research or development work, mailing lists, bid lists, directories, listings, plans, specifications, proposals, marketing plans, financial projections, cost sheets, bid estimates, bid spreadsheets, vendor or subcontractor quotes, financial data and any and all concepts or ideas, materials or information related to the business, products, or services of the Tribe or its customers and vendors.

(1) The term Confidential Information shall not include what would otherwise be deemed Confidential Information if an Elected Official can establish that:

(A) On the date elected or employed with the Tribe or a Tribal Entity, the information was in in the Elected Official's possession; or

(B) On the date elected or employed with the Tribe or a Tribal Entity, the information was generally known to the public; or

(C) The information became generally known to the public after the date elected or employed with the Tribe or a Tribal Entity, other than as a result of the act or omission of the Elected Official or under the direction of an Elected Official by any directors, officers, partners, or employees (if applicable); or

(D) The Elected Official lawfully received the information from a third party without that third party's breach of an agreement or obligation of trust.

(b) Elected Officials must hold all Confidential Information in strict confidence and shall not directly or indirectly disclose Confidential Information or permit the release thereof to any outside person or entity except as necessary to perform their official duties or as otherwise required by law. If any question arises about whether information must be treated as confidential, Elected Officials must treat such information as confidential until confirmed otherwise by the Tribal Governing Board, in consultation with the legal department. Notwithstanding the foregoing, an Elected Official may, but only to the limited extent necessary, disclose Confidential Information to those employees, officers, directors, and/or representatives of the Elected Official having a need to know the Confidential Information to further the purpose and duties of elected office. As a condition precedent to any such disclosure, an Elected Official shall:

(1) Inform such parties receiving Confidential Information of its confidential nature; and

(2) Take all measures necessary to cause such parties to be bound by the obligations of confidentiality and use contained in this Agreement.

(d) Elected Officials also must not use or release, directly or indirectly, any proprietary information or trade secrets of the Tribe without prior authorization from the Tribal Governing Board, in consultation with the legal department. Trade secrets include any formula, pattern or devise of compilation of information which is used in the Tribe's business or operations.

(e) In the event an Elected Official or his or her representatives become compelled (by deposition, interrogatory, regulation, request for documents, subpoena, civil investigation demand or similar process by court order of a court of competent jurisdiction, or in order to comply with applicable requirements or requests of any applicable government authority) to disclose any Confidential Information, the Elected Official (to the extent not prohibited by law) shall provide the Tribal Governing Board with prompt notification of such requirements so the Tribe may seek a protective order or other appropriate remedy or waive compliance with the terms of this ordinance, which waiver may not be unreasonably withheld.

(f) Upon the end of an Elected Officials term of office, or otherwise as requested by the Tribal Governing Board, an Elected Official shall return any Confidential Information that is in tangible form including but not limited to, documents, electronic information, files, or other materials containing the Confidential Information to the Tribe or otherwise destroy any copies of the Confidential Information that is in tangible form.

(g) Violations of confidentiality, including the disclosure of confidential information (verbal, written or documents) as defined under Section MCC.1.2.010(b) of this ordinance shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. The Tribe reserves the right to prosecute any violations to fullest extent allowed under tribal, state or federal law.

(h) Because the extent of the monetary damages the Tribe would sustain in the event an Elected Official or any of its principals, employees or agents were to violate this Agreement may be difficult to ascertain, and because an award of monetary damages might be inadequate to protect the Tribe's rights, if an Elected Official or any of its principals, representatives or agents thereof threatens to violate or violates the obligations of confidentiality assumed under this ordinance, the Tribe shall be entitled, in addition to all other remedies available to it at law or in equity, to seek and obtain temporary, preliminary and injunctive relief against such threatened or actual violation(s), as well as an award of reasonable attorneys' fees, costs and expenses.

(1) Because the extent and amount of monetary damages that the Tribe would sustain in the event an Elected Official were to violate this agreement, the parties agree that it would be difficult to calculate an exact amount and the parties agree that a reasonable calculation of the amount of damages the tribe would sustain would be $100,000.00 (one hundred thousand dollars. Upon taking the oath of office, an Elected Official agrees that this $100,000.00 will be the amount of liquidated damages that the Tribe will be entitled to receive together with all other remedies available to it at law and equity in addition to such other monetary damages that the tribe is able to establish, should an Elected Official violate the terms set forth in this agreement.

MCC.1.7.020 Media Inquiries [Suspended]

The Tribe generates public interest and persons often seek newsworthy information. Therefore, it is the policy of the Tribal Governing Board to allow only authorized representatives to make contact with or provide information or comments to reporters and news agencies regarding the Tribe. Any Elected Official who is contacted by a reporter regarding the Tribe must the Tribal Governing Board of the request for information. Prior written authorization by the Tribal Governing Board Chairman or his/her designee is required prior to any media release of information.

MCC.1.7.030 Security Measures / Limited Access Control Areas [Suspended]

Maintaining security and limiting access to certain areas of the Tribe's facilities is important to the continued success and is required by law in some instances. Elected Officials shall not permit unauthorized persons, which may include Tribal employees, to enter secure and limited access controlled areas or to access confidential or protected information.

MCC.1.7.040 Internet and Telephones [Suspended]

(a) All electronic and telephonic communication systems and all communications and information transmitted by, received from, or stored in these systems are the property of the Tribe and as such are to be used solely for purposed related to an Elected Officials office. The use of any software and business equipment, including, but not limited to, e-mail, internet access, facsimile machines, computers, telephones (land lines and cellular phones) and copy machines for private purposes is prohibited.

(b) No Elected Official shall use a pass code or voice-mail access code that has not been issued to that Elected Official or that is unknown to the Tribe. Moreover, improper use of the e-mail system (e.g., distributing offensive jokes or remarks) will not be tolerated.

(c) Elected Officials shall not use the Tribe's internet, voice mail and e-mail resources, phones and other systems in a prohibited manner, including:

(1) To transmit, view, retrieve, or store any communications of a discriminatory or harassing nature or materials that are considered obscene or pornographic;

(2) To access pornographic internet sites, display or print any associated materials, pictures and cartoons;

(3) To harass or transmit messages with derogatory or inflammatory remarks about an individual's race, sex (including pregnancy), age, disability, religion, national origin or physical attributes or transmit abusive, profane or offensive language;

(4) For non-government business, personal or private use, including but not limited to game playing and personal communication not associated with government purposes;

(5) To disclose any confidential or proprietary information except where such disclosure is authorized or permitted in this ordinance.

(d) Elected Officials shall not use the Tribe's internet, voice mail and e-mail resources and other systems and equipment, including but not limited to computer hardware, software, copier, fax machine and postage machine in a manner that is contrary to the provisions of any purchase or lease contract, such as unlawful copying of computer software.

(e) Notwithstanding the Tribe's right to retrieve and read any voice or electronic mail messages, such messages should be treated as confidential by other Elected Officials and accessed only by the intended recipient. Elected Officials are not authorized to retrieve or read any voice or e-mail messages that are not sent to them. Any exception to this policy must receive prior written approval of the Tribal Governing Board.

(f) The Tribe may monitor, record and listen to all internet, e-mail and voice mail usage, to assure compliance with its policies, for cost analysis and for legitimate governmental purposes. Thus, the Tribe may listen to, access and disclose any information in the electronic communication and telephone systems, even such information or communication protected by an Elected Official's personal password, at any time, with or without notice to the employee. Elected Officials have no expectation of privacy in connection with the use of these systems, or the transmission, receipt or storage of information in such systems.

MCC.1.7.050 Policy Regarding Use of Social Media by Elected Officials [Suspended]

(a) While the Tribe encourages its Elected Officials to enjoy and make good use of their off-duty time, certain activities on the part of Elected Officials may become a concern if they have the effect of impairing the work of the official duties of the government; harassing, demeaning, or creating a hostile working environment for any Elected Official or employee; disrupting the smooth and orderly flow of work within the office; or harming the goodwill and reputation of the Tribe. In the area of social media (print, broadcast, digital, and online services such as Facebook, LinkedIn, MySpace, Plaxo, and Twitter, among others), Elected Officials may use such media in any way they choose as long as such use does not produce the adverse consequences noted above. For this reason, the following provisions apply regarding an employee's use of social media, both on and off duty:

(1) An Elected Officials shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, depending upon the severity and repeat nature of the offense, if an Elected Official publishes any personal information about an Elected Official, an employee, the Tribe, or a tribal member in any public medium (print, broadcast, digital, or online) that:

(A) Has the potential or effect of involving an Elected Official, an employee, tribal members or the Tribe in any kind of dispute or conflict with other Elected Officials, employees or third parties;

(B) Interferes with the work of any Elected Official or employee;

(D) Disrupts the smooth and orderly flow of work within the government, or the delivery of services to tribal members;

(E) Harms the goodwill and reputation of the Tribe in the community at large; or

(F) Tends to place in doubt the reliability, trustworthiness, or sound judgment of the person who is the subject of the information.

(2) No Elected Official may use the Tribe's equipment or facilities for furtherance of non-work-related social media related activities or relationships without the express advance permission of the Tribal Governing Board.

(3) Elected Officials who conduct themselves in such a way that their social media related actions toward and relationships with each other interfere with or damage work relationships, disrupt the flow of work or tribal member relations, or cause unfavorable publicity in the community, should be concerned that their conduct may be inconsistent with one or more of the provisions of this ordinance. In such a situation, the Elected Officials involved should request guidance from Tribal Governing Board to discuss the possibility of a resolution that would avoid such problems. Depending upon the circumstances, failure to seek such guidance may be considered evidence of intent to conceal a violation of this ordinance and to hinder an investigation into the matter.

(4) Use of social media that involves any kind of criminal activity or harms the rights of others may result in criminal prosecution or civil liability to those harmed, or both.

(5) Social media access and use involving Tribal equipment and resources are subject to the Tribe's computer and internet policy at all times.

(6) The provisions in this ordinance are not intended to restrict communications regarding the terms and conditions of the workplace.

(b) How an Elected Official uses social media is not a matter of concern as long as it is consistent with the aforementioned provisions on this ordinance. Elected Officials may address any questions on this policy to the legal department.

Subchapter MCC.1.9 Vehicle Driver Certification [Suspended]

MCC.1.9.010 Purpose [Suspended]

The purpose of this subchapter is to certify Elected Officials who may operate a vehicle or travel on tribal business and to minimize Tribal exposure to liability claims resulting from vehicle accidents.

MCC.1.9.020 Scope [Suspended]

Any person driving on Tribal business including all Elected Officials shall comply with this subchapter. Tribal business does not include an Elected Official's regular commute to and from the work place.

MCC.1.9.030 Policy [Suspended]

Drivers of Tribal, personal, or rental vehicles may be authorized to drive on Tribal business if they are 18 years of age and certification criteria contained in this subchapter are satisfied.

MCC.1.9.040 Procedures [Suspended]

Drivers must achieve certification to drive on tribal business by meeting the requirements listed in Section MCC.1.9.050 of this manual.

MCC.1.9.050 Minimum Certification Requirements [Suspended]

(a) Tribal Vehicle Certification.

(1) Current Wisconsin Driver's License.

(2) Completed Driving Record Authorization Form in the Elected Official's personnel file.

(3) None of the following driving violation convictions within the last year:

(A) Operating without valid driver's license.

(B) Obstruction in regard to driver violation.

(D) Violation of Occupational License.

(E) Causing great bodily harm with vehicle.

(F) Negligent homicide by use of motor vehicle.

(G) Operating while license suspended.

(H) Vehicle usage resulting in felony conviction.

(I) Operating a school bus without a school bus license.

(b) Personal Vehicle Certification.

(1) Current Wisconsin Driver's License

(2) Evidence of current minimum insurance coverage as follows, verified by an insurance policy with copy supplied to the Human Resource Director at every policy renewal:

(A) $100,000 per Person.

(B) $300,000 per Accident for Bodily Injury.

MCC.1.9.060 Recordkeeping [Suspended]

(a) The Human Resource Department will maintain a current list of all certified drivers.

(1) Lists will be supplied to the Travel Clerk.

(b) Tribal Vehicle Drivers must notify the Human Resource Department within five (5) working days of any conviction affecting their certification eligibility. Failure to do so may be considered "misconduct" and subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter MCC.1.10 Miscellaneous [Suspended]

MCC.1.10.010 Amendments to the Governmental Code of Conduct [Suspended]

(a) Any Elected Official who is subject to the provisions of this ordinance, is authorized to submit for approval and adoption by the Tribal Governing Board such supplemental rules, regulations and standards of conduct for Elected Officials, which are necessary and appropriate to the special conditions relating to their particular functions, purposes and duties and not in conflict with the purposes and other provisions of this ordinance.

(b) Upon adoption, such supplemental standards, rules and regulations shall be implemented in the same manner and to the extent applicable, as are all other standards, rules and regulations provided and adopted in accordance with this ordinance.

Subchapter MCC.1.11 Implementation and Compliance [Suspended]

MCC.1.11.010 Filing of Complaints [Suspended]

The Tribal Governing Board shall initiate and/or receive, review and/or investigate complaints filed. Each complaint shall contain a statement of the alleged misconduct, including any section of the Constitution or this ordinance alleged to have been violated, and the alleged facts upon which such charges are based.

MCC.1.11.020 Notice [Suspended]

The Tribal Governing Board shall issue to the Elected Official a written notice containing a statement of alleged misconduct, including any section of the Constitution or this ordinance alleged to have been violated. The notice shall state alleged facts upon which such charges are based.

MCC.1.11.030 Determination to Proceed [Suspended]

(a) If the Tribal Governing Board finds sufficient cause to proceed, they shall conduct or cause an investigation to be conducted to determine violations or noncompliance with the Constitution or this ordinance. In any Tribal Governing Board determination regarding the matter under review, that Tribal Governing Board member must abstain from voting on the matter.

(b) If the investigation brings forth violations that are subject to administrative remedies, the record of the investigation shall so state. Administrative remedies shall mean those internal controls of program management.

(c) If the investigation indicates violations that cannot be addressed with administrative remedies references above, the Tribal Governing Board shall move forward with a fair hearing as outlined herein.

(d) The Tribal Council may dismiss, by a majority vote, any complaint which it determines has insufficient facts to constitute a violation of noncompliance to this Code, or if there is insufficient evidence to support the allegations.

MCC.1.11.040 Response to Notice [Suspended]

Within five (5) business days after receipt of the complaint, the accused Elected Official shall file a written response setting forth any admission, denial, affirmative defense, or other matter upon which they intend to rely on at the hearing.

MCC.1.11.050 Fair Hearings [Suspended]

(b) The Elected Official in question shall have the opportunity and right to be heard on his or her own behalf before the Tribal Governing Board. There shall be a full and complete discussion of all aspects of the complaint against the Elected Official prior to a final decision, and the individual in question shall have the right to bring a spokesperson or advocate to speak on his or her behalf, witnesses, documents and/or any other relevant evidence to support his or her position.

(c) The hearing shall be informal, without formal rules of evidence, held in closed session, and recorded by the Secretary/Treasurer.

(d) The Tribal Governing Board shall receive and consider all of the evidence presented at the hearing and shall issue a written decision regarding the matter in question. The decision shall be mailed to the Elected Official by certified mail, within twenty (20) calendar days after the hearing date.

(e) All provisions of Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians pertaining to removal of Tribal Governing Board members shall apply.

(f) The decision of the Tribal Governing Board following the hearing shall be final.

MCC.1.11.060 Administrative Decision [Suspended]

(a) Pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, a unanimous vote of those duly seated on the Tribal Governing Board shall be required to make a determination.

(b) The Tribal Governing Board, by a unanimous vote, may impose or recommend any sanctions or other penalties provided in this ordinance; or refer their findings to other appropriate entities for action.

(c) Location of the repository of records of complaints and hearings shall be the responsibility of the Secretary/Treasurer.

MCC.1.11.070 Appeals [Suspended]

(a) A notice of appeal shall be filed to the Tribal Court within ten (10) business days of the issuance of a written decision.

(b) An appeal to the Tribal Court shall be limited to review of the record to determine whether the Tribal Governing Board complied with the fair hearing procedure provisions pursuant to Section MCC.1.11.050 of this ordinance.

MCC.1.11.080 Statute of Limitations [Suspended]

No action shall be brought under this ordinance more than two (2) years after cause of action has occurred.

MCC.1.11.090 Retaliation Prohibited [Suspended]

(a) Retaliation against any party or witness to a complaint shall be prohibited. Retaliation shall include any form of adverse or punitive action by or caused by any Elected Official.

(b) This protection shall also be afforded to any person(s) offering testimony or evidence or complying with directives authorized under this ordinance.

Subchapter MCC.1.12 Sanctions and Penalties [Suspended]

MCC.1.12.010 Administrative Sanctions [Suspended]

(a) Upon a finding that there has been a violation of any provisions of this ordinance, the Tribal Governing Board, pursuant to Section MCC.1.11.050 of this ordinance, will impose any or all of the following penalties or sanctions:

(1) Issuance of a private reprimand to such person, with or without suspension of any or all other sanctions provided herein.

(2) Issuance of a written public reprimand, which shall be entered into such person's permanent record of office and upon the permanent record of the Tribe, according to provisions of applicable Tribal laws and procedures.

(3) Accordingly, any Elected Official shall be subject to discipline, including suspension without pay or other benefits and removal pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(4) Suspension from office and forfeiture of all compensation and benefits accruing there from, for not less than thirty (30) calendar days nor for more than one (1) year.

(5) Removal, discharge or termination from office in accordance with Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) No sanctions or penalties provided herein shall limit any other powers of the Tribal Governing Board, or of any other entity or administrative officials or employees under other applicable law, rules, regulations or procedures of the Tribe.

(c) Administrative Leave. A person accused of a crime which would preclude him or her from serving as an Elected Official, if found guilty in a court of competent jurisdiction, may be suspended from his or her position with or without pay until such time guilt or innocence has been established.

(1) If the allegations are not substantiated, the Elected Official may be restored to his or her full official duties and responsibilities.

(2) In those cases where allegations have resulted in prosecution and conviction, and after exhaustion of all appeals, the Elected Official shall, upon conviction, immediately relinquish his or her position on the Tribal Governing Board. Elected Officials of the Tribe, who have been convicted under the provisions of this section, may be removed pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, if they do not voluntarily relinquish their positions.

Chapter MCC.2 Meeting Ordinance OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to provide for the decent, safe and sanitary dwellings for the members of the Tribe which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a Tribal Governing Board, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation." (Article V, § 1(l)). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby enacts this ordinance.

Subchapter MCC.2.1 General Provisions

MCC.2.1.010 Title.

This ordinance shall be known as the Meeting Ordinance of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

MCC.2.1.020 Authority.

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, §§ 1(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a Tribal Governing Board, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1(m).

MCC.2.1.030 Purpose.

It is the purpose of this ordinance to define and prescribe the schedule and procedures for the regular, special, and general membership meetings of the Lac Courte Oreilles Tribal Governing Board.

MCC.2.1.040 Effective Date.

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

MCC.2.1.050 Interpretation.

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the activities subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this ordinance, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law, or the State law for guidance.

MCC.2.1.060 Severability and Non-Liability.

If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

MCC.2.1.070 Relation to Other Laws.

(a) Applicable Law. Unless affected or displaced by this ordinance, principles of law and equity in the common law of the Tribe and tribal customs and traditions are applicable, and the general principles of law of any other Tribe or any other state may be used as a guide to supplement and interpret this ordinance.

(b) Conflicts with Other Laws.

(1) Tribal Law. To the extent that this ordinance may conflict with tribal laws or ordinances which have been enacted to comply with statutes or regulations of any agency of the United States, such tribal laws or ordinances shall govern over the provisions of this Code if it has specific applicability and it is clearly in conflict with the provisions of this Code.

(2) State Law. To the extent that the laws of any state may be applicable to the subject matter of this ordinance, such laws shall be read to be advisory and not directly binding and shall not govern the relations of the parties.

MCC.2.1.080 Repeal of Inconsistent Tribal Ordinances.

MCC.2.1.090 Open Meetings.

All Board meetings shall be open to all Tribal Members as defined in MCC.2.2.010(m) with the exception of Executive Sessions as defined in MCC.2.2.010(e).

Subchapter MCC.2.2 Definitions

MCC.2.2.010 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) "Absolute Majority Vote" means a vote at a Regular or Special Meeting of either:

a. three (3) Board Members voting in agreement when only four (4) or five (5) voting Board Members (including Tribal Chairman) are present; or

b. four (4) Board Members voting in agreement when only six (6) or seven (7) voting Board Members (including Tribal Chairman) are present and voting.

c. Any Board Member who abstains shall not be considered as casting a vote.

d. The Lac Courte Oreille Tribal Chairman shall not vote except to break a tie vote.

(b) "Abstention" means the decision by a Board Member to not vote on a motion or resolution due to the potential for personal gain or loss or other personal involvement in the subject matter, the potential for personal gain or loss or other personal involvement of an immediate family member or other reason such absence when an issue was previously discussed. Any Board Member who decides to abstain from a vote shall state the reason for their abstention to the Board on the record.

(d) "Constitution and Bylaws" refers to the Amended Constitution and Bylaws of the Lac Courte Oreille Band of Lake Superior Chippewa Indians.

(e) "Executive Session" means a Board Meeting or part of a Board Meeting that is closed to non-Board Members. Non-Board Members shall neither attend nor participate in these meetings, except by invitation of the Board. Invitation by the Board may be given by consensus of the Board.

(f) "General Membership Meeting" means a meeting of the Board held in the manner prescribed by Subchapter MCC.2.4 of this ordinance where a quorum of the Board, as defined by MCC.2.2.010(h), is present.

(g) "Other Business" means all matters not identified by the pre-meeting agenda in MCC.2.3.040 or by waiver of the notice required by MCC.2.3.030.

(h) "Quorum" means the presence of four (4) Members of the Board at a Regular or Special meeting. The Chairman's presence shall count toward a quorum.

(i) "Regular Meeting" means a meeting of the Board held in the manner prescribed by Subchapter MCC.2.3, where a quorum of the Board is present.

(j) "Regular Order of Business" means the order in which matters come before the Board are taken up as prescribed by MCC.2.3.040.

(k) "Simple Majority Vote" means a majority vote of Board Members who are present and voting at a Regular or a Special Meeting where quorum requirements are met. Any Board Member who abstains shall not be considered as casting a vote. The Lac Courte Oreilles Tribal Chairman shall not vote except to break a tie vote.

(l) "Special Meeting" means a meeting of the Board held in the manner prescribed by Title V of this ordinance where a quorum is present.

(m) "Tribal Members" means the membership of the Tribe as defined by Article II of the Constitution.

(n) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter MCC.2.3 Regular Meetings

MCC.2.3.010 Time of Regular Weekly Meetings.

The Board shall conduct regular weekly meetings to conduct tribal business every Monday, at 9:00 a.m. Should the circumstances so require, the Board shall have the authority to select an alternate time of a regular meeting on a meeting-by-meeting basis.

MCC.2.3.020 Place of Regular Weekly Meetings.

The Board shall conduct the regular weekly meeting at the Lac Courte Oreille Tribal Government Center. The Board shall have the authority to select an alternative location for a regular weekly meeting on a meeting-by-meeting basis.

MCC.2.3.030 Notice Required.

The Board shall give Members of the Board written notice of all regular meetings at least twenty-four (24) hours in advance. Written notice shall be posted at the Tribal Administration Building twenty-four (24) hours before the start of the regular meeting. The written notice shall include:

(a) Location of the meeting;

(b) Date and Time of the meeting;

(d) The date and time the notice is posted.

MCC.2.3.040 Regular Order of Business.

All matters coming before the Board and Tribal Members at a regular meeting shall be taken up pursuant to the following order of business:

(a) Roll call;

(b) Traditional passing of tobacco;

(d) Reports of the Board's Officers;

(e) Old business;

(f) New business;

(g) Other business, as defined in ____; and

(h) Adjournment

The Board may address all matters not identified in the pre-meeting agenda as other business or by waiver of the notice required by MCC.2.3.030.

MCC.2.3.050 Majority Vote Required.

The Board shall conduct all business of the Tribe through the passage of motions and resolutions. The passage of motions and resolutions shall be by majority vote as defined in MCC.2.2.010(a) and (k). An absolute majority vote is required for passage when the subject matter under consideration involves the tribal budget, land purchases, enrollment decisions, the Tribe's gaming compact, and agreements binding the Tribe for over five (5) years and/or in which the purchase price or value of goods exceeds $100,000.00. All other subject matters under consideration are allowed to pass by a simple majority vote. Meetings shall be conducted in accordance with the Constitution and Bylaws, and this ordinance.

MCC.2.5.060 Removal of an Absentee Board Member.

The Board, by an affirmative vote of six (6) of its Members, may remove any Board Member for being absent from three (3) successive regularly scheduled meetings without an excuse acceptable to a majority of the Board Members in accordance with Article III, Section 7(b) of the Constitution.

MCC.2.3.070 Minutes Required.

The Secretary/Treasurer shall ensure that minutes are kept of all matters coming before the Board at a regular meeting.

MCC.2.3.080 Approval of Previous Minutes Required.

At each regular meeting, the Board shall approve the minutes of the regular meeting. The Board shall approve the minutes of the previous meeting(s), regular or special. Prior to such approval, the minutes of the previous meetings may be corrected or modified so as to ensure their accuracy and correctness.

Subchapter MCC.2.4 General Membership Meeting

MCC.2.4.010 General Membership Meetings.

The Board shall conduct a general meeting at least one (1) time per year to report to the membership the state of the Tribe. The Board may, at its own discretion, have additional general meetings, but there shall be compliance with notice requirements pursuant to this section.

MCC.2.4.020 Place of General Membership Meetings.

The Board shall have the authority to select a location for the general membership meeting on a meeting-by-meeting basis.

MCC.2.4.030 Notice Required.

The Board shall post written notice for the membership of all general membership meetings. The written notice shall be posted at the Tribal Administration Building and other places of tribal business one (1) week before the start of the general membership meeting. The written notice shall include:

(a) Location of the meeting;

(b) Date and Time of the meeting;

(d) The date and time the notice is posted.

MCC.2.4.040 Minutes Required.

The Chairman shall give Members of the Board at least twenty-four (24) hours' notice of a special meeting. Such notice shall contain:

(a) Location of the meeting;

(b) Date and Time of the meeting; and

The Board may, by a majority vote, waive this notice requirement as to date, time, location, and agenda.

Subchapter MCC.2.5 Special Meetings

MCC.2.5.010 Time and Location.

The Chairman of the Board shall call special meetings upon their own initiative or upon the request of four (4) Members of the Board at a date, time, and location designated by the Chairman or if called by the request of four (4) Members of the Board, at the date, time, and location specified in such request.

MCC.2.5.020 Notice Required.

The Chairman shall give Members of the Board at least twenty-four (24) hours' notice of a special meeting. Such notice shall contain:

(a) Location of the meeting;

(b) Date and Time of the meeting; and

The Board may, by a majority vote, waive this notice requirement as to date, time, location, and agenda.

MCC.2.5.030 Majority Vote Required.

All decisions of the Board upon motions made at a special meeting shall be by majority vote as defined in MCC.2.2.010(l) and (k) except as otherwise provided by the Constitution and Bylaws.

MCC.2.5.040 Minutes Required.

The Secretary/Treasurer shall ensure that minutes shall be kept of all matters coming before the Board at a special meeting.

Subchapter MCC.2.6 General Rules and Common Motions

MCC.2.6.010 General Rules and Common Motions.

All matters before the Board shall be under informal consideration, which is the Board shall act as a committee and be empowered to amend a request being considered before any formal vote needs to be taken. This will allow the Board to alter requests, resolutions, ordinances, letters, etc. before voting on them. The following is a list of common motions that shall be used in official meetings unless all present Board Members agree to suspend the general rules and motions in the section.

(a) To Introduce Other Business. This motion is used to add a matter to the agenda that was not listed on the agenda or the notice for the meeting. Matters that were not on the agenda are called other business and can be added to the agenda if there is a motion made, seconded, and affirmed by a majority vote. For routine matters the Chairman may dispense with the formality of a motion and the vote and simply announce that the matter is adopted if there is no objection. In the event of an objection, the Chairman shall call for the motion to be seconded. If there is no second, the Chairman shall call for a vote.

(b) To Go into Executive Session. This motion is used to close the meetings to non-Board Members (except those who have the consent of the Board) as per MCC.2.2.010(e). Once this motion is made, the Chairman shall ask for the motion to be seconded. If this motion is seconded, the Chairman shall call for a vote, and upon passing with a majority, the Chairman shall announce that the Board is now meeting in executive session and take the necessary steps to assure that non-Board Members are not present. Non-Board Members shall not be present once the Chairman has announced that the Board is now meeting in executive session.

(c) To Leave Executive Session. This motion is used to close the executive session and open the meeting to non-Board Members pre MCC.2.1.090. Once this motion is made, the Chairman shall ask for the motion to be seconded. If this motion is seconded, the Chairman shall call for a vote, and upon passing with a majority, the Chairman shall announce that the meeting is now open.

(d) To Table. This motion is used to stop a discussion or a debate on an issue, resolution, or ordinance without taking a final vote on the issue. Usually this motion is used when more information is needed before an informed vote can be cast and the necessary information that is not readily available. This motion cannot be amended and an affirmative vote on this motion cannot be reconsidered. If the motion is seconded, the Chairman shall call for a vote.

(e) To Take from the Table. This motion is used to restart discussion or debate on a previously tabled issue. This motion cannot be amended and an affirmative vote on this motion cannot be reconsidered. If the motion is seconded, the Chairman shall call for a vote.

(f) To Postpone to a Certain Time. This motion is used to set a matter aside for a predetermined period of time. Unlike a motion to table, this motion is used when the time of reopening the issue is known at the time of making the motion. This motion can be amended by altering the time. Very limited debate is allowed for this motion, and the Chairman shall ask for the motion to be seconded and call for a vote.

(g) To Call for the Question. This motion is used to ask the Board to decide if they want to vote on the pending issue. If the Chairman determines that the debate has come to a close, they may avoid the formality of this motion and simply call for a vote, as long as there are no objections, a vote of on this motion may be avoided. In the event that there is an objection, a formal motion is required. This motion cannot be amended. If the motion is made by a Member who is not the Chairman then the motion needs to be seconded. If the motion is seconded, the Chairman shall call for a vote.

(h) To Call for the Orders of the Day. This motion is used to adhere to the scheduled order of business or follow the agenda. If the meeting begins to address topics that are unrelated to the topics on the agenda, a Board Member may make this motion, and the Chairman shall call for a vote. This motion cannot be amended and does not require to be seconded.

(i) To Discuss. This motion is utilized when a motion is under consideration and the Chairman fails to open discussion on the motion. This motion does not need to be seconded. The Chairman may call for discussion, and in the absence of an objection, the Members shall start discussion.

(j) Motion to Reconsider. This motion is used to call for another vote on an issue or motion upon which a vote has previously been taken. This motion shall not be made by a Member who did not vote on the original motion or issue of concern. If the motion is seconded, the Chairman shall call for a vote.

(k) To Amend. This motion is used to alter or modify a motion that is being discussed or has already been passed. Any Board Member can make this motion even if the motion they want amended is not their own motion. If the motion is seconded, the Chairman shall call for a vote.

(l) To Withdraw. This motion is used when the person who made the motion wishes to withdraw their motion. The motion to withdraw can only be made before the Chairman has called for a vote on the original motion. This motion is used to rescind one's own motion, modify the motion, or substitute another motion in the original motion's place. The Chairman shall grant the motion without a vote if there are no objections. If there is an objection, the Chairman shall put the request to a vote. When a motion is withdrawn then the effect is the same as if the motion had never been made.

(m) To Reconvene. This motion is used to take a break from the meeting and meet again to continue on the same original or amended agenda for that meeting without the need for giving formal notice again. A time to reconvene must be identified in the motion. This motion may be utilized to take short breaks for several minutes or take longer breaks that may last for no more than five (5) days. If the motion is seconded the Chairman shall call for a vote.

(n) To Adjourn. This motion is used to bring the meeting to a close. Once the meeting is adjourned it cannot be reopened. Once the meeting is adjourned it cannot be reopened. Once the meeting is adjourned and another meeting is desired, then a new meeting shall be called and all the formalities of a new meeting shall be followed including notice, approving minutes from previous meetings, etc. If the motion is seconded the Chairman shall call for a vote.

MCC.2.6.020 Procedures Not Prescribed by this Ordinance.

All regular and special meetings shall be governed by Robert's Rules of Order except as otherwise provided by this ordinance and the Constitution and Bylaws, or to the extent such rules of order are inconsistent with this ordinance and the Constitution and Bylaws.

Chapter MCC.4 Lac Courte Oreilles Head Start/Early Head Start Policy Council By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians relating to the delivery of educational services which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, §§ 1(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). This ordinance establishes that the purpose of the Lac Courte Oreilles Ojibwe Early Head Start ("Early Head Start") program is to provide students a comprehensive, bilingual and multicultural community-based education that nurtures theirs intellectual, spiritual, physical, emotional, mental and social development.

Subchapter MCC.4.1 Introduction

MCC.4.1.010 Title

This ordinance shall be known as the Lac Courte Oreilles Head Start/Early Head Start Policy Council By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

MCC.4.1.020 Authority

MCC.4.1.030 Purpose

This ordinance establishes that the purpose of the Lac Courte Oreilles Ojibwe Early Head Start ("Early Head Start") program is to provide students a comprehensive, bilingual and multicultural community-based education that nurtures theirs intellectual, spiritual, physical, emotional, mental and social development.

MCC.4.1.040 Office

The principle office of the Policy Council shall be on the Lac Courte Oreilles Indian Reservation. The official address of the Policy Council is 8837N Trepania Road, Hayward, WI 54843. The Chairperson shall be the registered agent of the Policy Council.

MCC.4.1.050 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

MCC.4.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the educational related activities of the Tribe;

(b) Shall be liberally construed in favor of the Tribe;

MCC.4.1.070 Severability and Non-Liability

MCC.4.1.080 Repeal of Inconsistent Tribal Ordinances

Subchapter MCC.4.2 General Definitions

MCC.4.2.010 General Definitions

The following terms, wherever used in this ordinance, shall be construed to apply as follows:

(a) "Meetings" means the meetings of the Policy Council including regular, special, and emergency meetings.

(b) "Policy Council" means the Policy Council of the Lac Courte Oreilles Head Start/Early Head Start Program.

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

(d) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter MCC.4.3 General

MCC.4.3.010 Head Start and Early Head Start

The Head Start and Early Head Start is an important part of the ever-growing educational system of the Lac Courte Oreilles Ojibwe and supports the statement of philosophy of the Ojibwe Code for Long Life and Wisdom. Within the Head Start/Early Head Start program, the Tribe hereby commits itself to an early extended involvement in our children's educational and social development. The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Head Start and Early Head Start to carry out the intent of this ordinance as further defined herein:

(a) The Policy Council shall oversee the implementation of the Head Start Program Performance Standards established at 45 CFR § 1304.50, for which this Head Start/Early Head Start (HS/EHS) Policy Council is created. The Policy Council must perform the following functions directly:

(1) Serve as a link to the Parent Committee, grantee agency governing bodies, public and private organizations, and the communities they serve to foster greater community participation and use of common resources.

(2) Assist Parent Committee in communicating with parents enrolled in all program options to ensure that they understand their rights and responsibilities and the opportunities available in Head Start, and to encourage their participation in the program.

(3) Assist Parent Committee in planning, coordinating, and organizing program activities for parents with the assistance of staff, and ensure that funds set aside from program budgets are used to support parent activities (Parent Advisory Funds).

(4) Assist in the recruiting of volunteer services from parents, community residents, and community organizations, and assist in the mobilization of community resources to meet identified needs.

(5) Establish and maintain procedures for working with the grantee or delegate agency to resolve community complaints about the program.

(6) Revise as necessary the budget while program is in operation.

(b) The general functions of the Lac Courte Oreilles Head Start/Early Head Start Policy Council in the oversight of the implementation of the Head Start Program Performance Standards established at 45 CFR § 1304.50, are to work in partnership with key management staff and the Tribal Governing Board to develop, review, and approve or disapprove the following policies and procedures:

(1) All funding applications and amendments to funding applications for Head Start/Early Head Start, including administrative services, prior to the submission of such applications.

(2) Procedures describing how the governing body and the appropriate policy group will implement shared decision making.

(3) Procedures for program planning, program's philosophy, the long-range and short-range goals and objectives, to develop ways to meet them within the HHS guidelines.

(4) The composition of the Policy Council and the procedures by which policy group members are chosen within HHS guidelines.

(5) Criteria for defining recruitment, selection, and enrollment priorities, in accordance with the requirement of 45 CFR § 1305.

(6) The annual self-assessment of the grantee agency's progress in carrying out the programmatic and fiscal intent of its grant application, including planning or other actions that may result from the review of the audit and findings from the federal monitoring.

(7) Review the agency's procedures to ensure that an annual independent audit is conducted, in accordance with 45 CFR § 1301.31, and copies of the audit are available to them.

(8) Program personnel policies and subsequent changes to those policies, including standards of conduct for program staff, consultants, and volunteers.

(9) Decisions to hire or terminate the Head Start/Early Head Start Director and any person who works primarily for the Head Start/Early Head Start Program. To make recommendations to the Tribal Governing Board to approve or disapprove final selections.

(10) To recommend revision of the Policy Council By-Laws when deemed necessary.

MCC.4.3.020 Tribal Governing Board Liaison

The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Head Start/Early Head Start Program and the Policy Council. The Tribal Governing Board Liaison(s) shall not be considered a member of the Policy Council.

MCC.4.3.030 Relationship to Tribe and Duration

(a) Relationship. The Policy Council is hereby delegated the authority to operate as a subordinate organization of the Tribal Governing Board pursuant to Article V, Section 1(m) of the Tribal Constitution.

(b) Duration. The duration of the Policy Council shall be perpetual, subject to dissolution by majority vote of the TGB.

MCC.4.3.040 Policy Council

(a) Organization. The Policy Council shall be organized in accordance with the following guidelines:

(1) At least 51% of the membership of the Policy Council shall be comprised of parents of currently enrolled children. Parents of all program options must be proportionally represented.

(b) Categories.

(1) This Policy Council shall be comprised of eight (8) parents of children presently enrolled in Head Start/Early Head Start Programs; four (4) from the Head Start Program, three (3) from the Early Head Start Program, one (1) from the Home Based Program; and two (2) Community Representatives. Parents from each Program Option shall cast a vote to elect their representative and all parents and community members may vote for the Community Representatives.

(2) The Community Representative nominees shall be from the local community; business; civic and professional organizations; and others who are familiar with resources and services for low-income children and families. Former Early Childhood Learning Center parents may also be community representatives.

(3) Pursuant to 45 CFR § l304.50(b)(6), no grantee or delegate agency staff (or members of their immediate family) may serve on Policy Council or Policy Committees except parents who occasionally substitute for regular Early Head Start /Head Start staff. In the case of Tribal Grantees, this exclusion applies only to Tribal staff that work in areas directly related to or which directly impact upon any Early Childhood Learning Center administrative, fiscal or programmatic issues.

(1) Be at least eighteen (18) years of age at the time of his/her selection,

(2) No grantee or delegate agency staff or members of their immediate family may serve on the Policy Council if he or she works in areas which directly impact or are directly related any Early Childhood Learning Center administrative, fiscal or programmatic issue,

(3) The Community Representatives shall be from the local community, business, civic or professional organizations, former Early Head Start parents, or others who are familiar with the resources and services for low-income children and families,

(4) Not be convicted of a felony in federal or state court,

(5) Not serve on another Early Head Start Policy Council,

(6) Must possess a High School diploma or equivalency, or

(7) Represent at least one of the following categories: a parent, grandparent, great-grandparent or legal guardian of an enrolled student of the Early Head Start or the Lac Courte Oreilles community.

(d) Quorum. A majority of the voting Policy Council members then in office shall constitute a quorum for the transaction of any business at a meeting of the Policy Council. At any meeting of the Policy Council, each member, including the Chairperson of the Policy Council, shall have one (1) vote, and the vote of a majority of Policy Council members present at a duly held meeting at which a quorum is present shall constitute the action of the Policy Council.

(e) Terms of Office. Policy Council members shall serve for a term of one (1) year. No member shall serve on the Policy Council for more than three (3) one-year terms.

(f) Voting Rights. Each member of the Policy Council shall have on (1) vote. There shall be no proxy voting, by, or for, any member. Parents will constitute at least 51% voting membership of the PC.

(g) Resignation. A Policy Council member may resign by giving written notice to the registered agent of the Policy Council, who shall then promptly inform the members. In the event that the Chairperson wishes to resign, he or she shall give written notice to at least two (2) other members, who shall then promptly inform the other members. The resignation shall be effective upon its receipt by the Policy Council or at such alternate date as set forth in the notice of resignation.

(h) Removal. With the approval of the Tribal Governing Board, the Policy Council may remove any Policy Council member for, but not limited to, the following:

(1) Non-attendance of three (3) consecutive meetings without reasonable cause, as determined by the Policy Council;

(2) Conviction of a felony;

(3) Breach of confidentiality.

(i) Vacancy.

(1) In the event of a vacancy, the parent who received the next highest number of votes in the most recent election shall fill the position within 30 days.

(2) If a vacancy is created by a community representative, the person receiving the next highest number of votes in the most recent election shall fill the position within 30 days.

(3) Notwithstanding the foregoing, vacancies which occur within sixty (60) prior to the end of their term, shall not be replaced.

(j) Miscellaneous. No grantee agency staff (or members of their immediate families) may serve on the Policy Council except parents who occasionally substitute for regular Head Start/Early Head Start Staff. LCO Head Start/Early Head Start will abide by the Tribal Governing Board's definition of immediate family.

MCC.4.3.050 Policy Council Operation and Compensation

(a) The Policy Council shall operate pursuant to the provisions of this ordinance, which provide for the internal regulation and management of the affairs of the Policy Council in a manner not inconsistent with tribal or federal law.

(b) The Policy Council shall meet as often as necessary to conduct business but not less frequently than monthly.

(c) The Policy Council shall elect from within its membership at the first regularly called meeting following an election a Chairperson, Vice-Chairperson, and Secretary/Treasurer.

(d) No officer of the Policy Council, any Policy Council member, or any other person shall have authority to bind the Policy Council except as authorized by the Policy Council through resolution.

(e) Policy Council members shall not receive a stipend for attending meetings.

MCC.4.3.060 Elections

(a) Process. Nominations for the Policy Council shall be received by3:00 at the end of the third week of the new school year. Letters will be sent home with each child asking for nominations as well as advertisements in local media. Nominations will be received for the following:

(1) Four (4) Head Start parents,

(2) Three (3) Early Head Start parents,

(3) One (l) Home Based parent,

(4) Two (2) Community representative from the local community: businesses; public or private community, civic, and professional organizations; and others who are familiar with resources and services for low-income children and families, including for example the parents of formerly enrolled children.

(b) Elections will be held by the fifth Friday after the beginning of the new school year.

(c) Parents from each Early Head Start Program shall vote to elect their representative and all parents and community members shall vote to elect the community representatives. Elections of the Policy Council shall be held by the first Friday of September. In the event of a tie, a name will be selected by the Policy Council at the first scheduled meeting of the Policy Council.

MCC.4.3.070 Care, Loyalty, and Conflict

(a) Policy Council members shall perform the duties and responsibilities and all other obligations under this Charter in good faith and in a manner believed to be in the best interests of the Policy Council, with such care and as an ordinary prudent person would use under similar circumstances in a like position, and in a manner loyal to the Policy Council.

(b) Policy Council members shall, at all times, subordinate their personal interests to those of the Policy Council and shall avoid conflicts of interest, including without limitation, that no Policy Council member shall exploit business opportunities related to the business of the Policy Council for their own personal gain or profit without first presenting the same to the Policy Council or shall obtain any personal gain or profit from any transaction with the Policy Council without fully disclosing such involvement and benefit to the Policy Council and obtaining a waiver of any such conflict.

(c) Any Policy Council member appointed under this ordinance may engage in or be an officer, director, employee of other businesses or ventures, and may pursue business opportunities, provided that no benefit, advantage or information relative to any such opportunity was obtained in connection with or as the result of serving on the Policy Council.

(d) No Policy Council member shall commit any act with respect to the Policy Council that is illegal, fraudulent, or willfully unfair to either the Policy Council or Tribal Enterprises.

Subchapter MCC.4.4 Policy Council Officers

MCC.4.4.010 Officers

The Policy Council shall elect from within its membership at the first regularly scheduled meeting following an election: Chairperson, Vice-Chairperson, and Secretary/Treasurer.

MCC.4.4.020 Officer Terms of Office

(a) Each officer shall be elected by quorum of the Policy Council once the full Council has been seated, and shall serve a term of one (1) year. All members may run for any officer position.

(b) The officers shall be elected annually in a democratic fashion. Members are nominated for each officer position. Votes are cast by either verbally stating "Aye" or by secret ballot. The majority of votes shall decide each officer.

(c) The officers of the Policy Council will be elected in October and seated in October when the outgoing member's term expires. This ensures that the newly seated members are trained and knowledgeable in their roles and responsibilities as a Policy Council member.

(d) In the event of an officer vacancy, the successor shall be appointed by the Policy Council for the duration of the unexpired term.

MCC.4.4.030 Removal

Any officer of the Policy Council who fails to perform the duties as outlined in this ordinance may be removed as an officer by a two-thirds vote of the Policy Council.

MCC.4.4.040 Chairperson

The Chairperson shall preside at all meetings and maintain order. The Chairperson also serves on committees and coordinates activities as needed; works closely with the Head Start Director and Family and Community Partnership Coordinator as necessary; acts as the official representative of the Council; is knowledgeable of this ordinance, Head Start policies and requirements; and performs other duties as assigned. The Chairperson determines if a special meeting is necessary. The Chairperson shall have equal voting rights with the rest of the Council except when it involves a member of their family.

MCC.4.4.050 Vice-Chairperson

The Vice-Chairperson shall preside in the absence of the Chairperson or whenever the Chairperson temporarily vacates the chair. In case of resignation or termination of the Chairperson, the Vice-Chairperson shall assume the office until a permanent chair is elected. The Vice-Chair also serves as a delegate to represent this group, and works with the Chairperson in all matters that concern the program and the Policy Council.

MCC.4.4.060 Secretary/Treasurer

The Secretary shall record the minutes of every Policy Council meeting; maintain a file/record of minutes; assist the Chairperson in following the agenda, record and read motions as they are made; keep accurate records, and perform other duties as assigned.

Subchapter MCC.4.5 Committees

MCC.4.5.010 Committees

The Policy Council shall appoint such committees as are necessary to properly conduct business.

MCC.4.5.020 Executive Committee

The Executive Committee shall be composed of the Officers of the Policy Council. The

Executive Committee shall have the power to conduct business for the Policy Council between regular meetings of the Policy Council. Decisions shall be reviewed by the full Policy Council at the next meeting.

MCC.4.5.030 Hiring Procedure

The Head Start Policy Council will utilize the Lac Courte Oreilles Tribal Governing Board for personnel issues. The selected Policy Council members, will screen, interview, and recommend persons to be hired to fill vacancies in the Head Start staff. A designated Policy Council member will then make recommendations to the Tribal Governing Board. The Tribal Governing Board has final approval or disapproval.

MCC.4.5.040 Internal Grievance Committee

This committee shall hear grievances from the community, and from parents who have followed the grievance procedures established by the Governing Body and the Policy Council. These procedures are noted on the Community Grievance form. This committee may also hear grievances of Head Start staff and present their findings to the Tribal Governing Board. This committee will consist of a Coordinator, teacher, teacher's aid, Policy Council member, and a Parent Committee Officer.

MCC.4.5.050 Special Committees

Special Committees may be appointed by the Chairperson of selected by the Council as the need arises.

Subchapter MCC.4.6 Meetings

MCC.4.6.010 Regular Meetings

Regular meetings of this Policy Council shall be held at least monthly as called by the Chairperson.

MCC.4.6.020 Special/Call Meetings

There will be special meetings of the Policy Council only when there is a need, and all special meetings shall be called by the Chairperson at least 48 hours in advance. A phone call will be accepted in case of an emergency meeting that same day. The Chairperson or Vice-Chairperson will decide if the meeting is a true emergency.

MCC.4.6.030 Notice of Meetings

Written notices shall be mailed, e-mailed, or each member called at least five (5) days prior to the date of each regular meeting. A copy of the agenda for the meeting will also be enclosed. Members of the Policy Council will be notified of special meetings by telephone.

MCC.4.6.040 Quorum

A majority of 51% of the members of the Council must be present to constitute a quorum in order to transact business for regular or special meetings.

Subchapter MCC.4.7 Order of Business

MCC.4.7.010 Order of Business

The regular meetings of the Committee shall follow said order of business:

(a) Call to Order

(b) Roll Call

(d) Approval of Minutes

(e) Coordinator Reports. Coordinators are excused upon completion of reports, unless asked to remain. Coordinator Reports may include but are not limited to the following:

(1) Education

(2) Health and Transportation

(3) Disabilities

(4) Family and Community Partnership

(f) Directors Report. The Director is excused upon completion of report, unless asked to remain.

(g) Special Items of Business

(h) Old Business

(i) New Business

(j) Announcements

(k) Executive Session

(l) Adjournment

Subchapter MCC.4.8 Amendments

MCC.4.8.010 Amendments

This ordinance may be amended by the Tribal Governing Board. Prior to amendment the Tribal Governing Board shall provide a copy of the proposed amendment to the Policy Council for its recommendation at least one (1) week before the meeting. The Policy Council may debate an amendment before a recommendation on adoption if provided to the Tribal Governing Board. All recommendations for approval of amendments must be recorded in the Policy Council Minutes.

Chapter MCC.6 Pardon and Forgiveness Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government, relating to the grant of pardons or forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or commitment to lawful behavior. In the implementation of this inherent sovereign authority, Article V, § 1 (m) and (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers," Article V, § 1 (m); and "promulgate and enforce ordinances...providing for the maintenance of law and order and the administration of justice..." Article V, § 1 (s). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby recognizes that the purpose of this ordinance is to provide a fair, efficient and formal process by which: (a) a Tribal Member may receive a pardon for the conviction of a crime(s); or (b) a Tribal Member or non-Tribal Member may receive forgiveness for acts that render him or her ineligible 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.

Subchapter MCC.6.1 General Provisions

MCC.6.1.010 Title

This ordinance shall be known as the Pardon and Forgiveness Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

MCC.6.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1 (m) and (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers," Article V, § 1 (m); and "promulgate and enforce ordinances...providing for the maintenance of law and order and the administration of justice..." Article V, § 1 (s).

MCC.6.1.030 Declaration of Policy

It is the policy of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to grant pardons or forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or commitment to lawful behavior. Nothing contained herein shall be construed as permitting the employment of individuals who are otherwise disqualified for employment from certain occupations under Tribal, State or Federal Law. Receipt of a pardon or forgiveness does not affect obligations imposed as part of a sentence or conviction in another jurisdiction.

MCC.6.1.040 Purpose

(a) The purpose of this ordinance is to provide a fair, efficient and formal process by which:

(1) a Tribal Member may receive a pardon for the conviction of a crime(s); or

(2) a Tribal Member or non-Tribal Member may receive forgiveness for acts that render him or her ineligible: for housing with 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.

(b) This ordinance defines the duties and responsibilities of Pardon and Forgiveness Screening Committee, Lac Courte Oreilles Tribal Governing Board, Lac Courte Oreilles Human Resources Director, and other persons involved in the granting or denial of pardons and forgiveness.

MCC.6.1.050 Territorial Applicability

This ordinance shall govern the grant of pardons or forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or commitment to lawful behavior pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

MCC.6.1.060 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

MCC.6.1.070 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as the minimum requirements applicable to the grant of pardons or forgiveness to individuals upon demonstration of full rehabilitation, trustworthiness and/or commitment to lawful behavior by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians;

(b) Shall be liberally construed in favor of the Tribe;

MCC.6.1.080 Severability and Non-Liability

MCC.6.1.090 Repeal of Inconsistent Tribal Ordinances

Subchapter MCC.6.2 Definitions

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.

Subchapter MCC.6.3 General

MCC.6.3.010 Pardon and Forgiveness Screening Committee Responsibilities

(a) A Committee is hereby created to act in an advisory capacity to the Tribal Governing Board for the purpose of carrying out the provisions of this ordinance and shall have those powers as stated in this section.

(1) In the absence of an appointed Committee, the Tribal Governing Board shall effectuate the Committee's purpose and responsibilities as detailed pursuant to this ordinance.

(b) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(1) promulgate internal standard operating procedures necessary to govern its proceedings;

(2) review and process applications for a pardon or forgiveness in an orderly and expeditious manner;

(3) review an applicant's background investigation report and drug test results (if applicable) received from the Human Resources Department;

(4) conduct and preside over hearings;

(5) provide formal, written recommendations to the Tribal Governing Board to approve or deny a pardon or forgiveness application; and

(6) take other actions reasonably related to the purpose of the Committee.

(7) None of the powers and duties may be construed or interpreted to empower the Board beyond the capacity of advisory in nature as more fully defined in Section MCC.6.3.010(g), below.

(d) Organization. The Committee shall be organized in accordance with the following guidelines;

(1) The Pardon and Forgiveness Screening Committee shall be composed of five (5) persons, all of whom must be Members of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member be appointed as a Committee member. No individual Committee member, regardless of position, acting alone and without Committee approval is empowered or authorized to take any action or make any public statement regarding the Committee's positions on any matter. There shall be no limit on the number of terms any Committee member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary.

(2) The Tribal Governing Board shall recruit and post vacancies of the Committee to be filled from Tribal Membership. Applications shall be developed by the Tribal Governing Board.

(3) With the consensus of the Tribal Governing Board, the Board may appoint up to two (2) non-voting members to the Committee with expertise in a field relevant to the Committee's purpose. Such ex officio Commissioners need not be enrolled Members of the Tribe. The duration of any such ex officio appointment shall be established by the Committee at the time of appointment.

(4) Applicants and recommended ex officio Committee members shall submit to a background investigation for a determination of eligibility by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

(e) Qualifications. Applicants for appointment to the Committee must satisfy the following requirements:

(1) Be an enrolled Member of the Tribe.

(2) Be at least 21 years of age.

(3) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(4) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(A) A felony.

(B) Fraud or misrepresentation in any connection.

(5) Shall not be an elected tribal official.

(6) Shall comply with an approved code of ethics.

(f) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section MCC.6.3.010(c) above, to the Committee as follows:

(1) All members of the Committee shall be appointed for three (3) year, staggered terms, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term. To stagger the terms of the Committee members, out of the initial appointments of Committee members, three (3) of the members shall serve half terms of one and a half years (1.5), then upon the end of their half terms, the new Committee members chosen for those three (3) seats shall serve the regular three (3) year term.

(2) The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Committee as soon as reasonably possible.

(3) Appointments shall occur on the anniversary date of the Committee member's appointment, unless otherwise scheduled due to reasons of death, resignation or removal. Each member of the Committee shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year, after the initial appointments of the first five Committee members have been chosen, which may occur at the earliest convenience of the Tribal Governing Board.

(4) A member of the Committee may be removed by formal action of the Tribal Governing Board for neglect of duty, conflict of interest, malfeasance in office, unexcused absences of more than three consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal.

(5) The Committee shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Committee member shall be conclusive evidence of the due and proper appointment.

(6) The Committee member shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Member shall be conclusive evidence of the due and proper appointment.

(g) Officers. Officers of the Committee shall be Chairman, Vice-Chairman, and Secretary. The Tribal Governing Board shall name one of the Committee members as the Chairman of the Committee. The Committee shall elect from among its members a Vice-Chairman, and a Secretary. All officers shall serve one-year periods. In the absence of the Chairman, the Vice-Chairman shall preside.

(h) Meetings.

(1) Quorum. A majority of the full Committee shall constitute a quorum necessary to conduct Committee business, but no action shall be taken by a vote of less than a majority of such full Committee.

(2) Voting. All Committee member are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. Regular meetings of the Board shall be held quarterly or at a time agreed upon by the Committee to accommodate hearings pursuant to Section MCC.6.3.050 of this ordinance. Special meetings may be held at the discretion of the Chairperson or by request of three (3) Committee members. Regular and Special meetings notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.

(4) Proceedings. All deliberations of the Committee, except in Executive Session shall be recorded. The Secretary shall keep complete and accurate records (minutes) of all meetings of the Committee. Minutes of all meetings shall be distributed to Committee members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Committee.

(5) Executive Sessions. The Committee may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Review of applications submitted pursuant to Section MCC.6.3.030 of this ordinance;

(B) Hearing deliberations pursuant to Section MCC.6.3.050(e) of this ordinance;

(C) Conferring with the Office of the Attorney General who is rendering oral or written legal advice concerning strategy to be adopted by the Committee with respect to the Committee's responsibilities and duties;

(6) Compensation of Committee Members.

(A) Appointed members of the Committee shall receive a stipend of one hundred dollars ($100.00) per meeting and/or hearing for service as a Committee member. The amount of stipend is subject to change by the Tribal Governing Board in a resolution.

(B) Training for Committee members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing

Board including travel, training/conference registration fees, and lodging costs. Such travel and training cost shall be determined and approved by the Tribal Governing Board Liaison.

(i) Restrictions.

(1) No Committee member shall deliberate on an application involving a conflict of interest.

(2) Nothing in this ordinance authorizes the Committee to interfere with management, operations, and employment relations or decisions of the Tribe or Tribal entities.

(j) Care, Loyalty, and Conflict.

(1) Committee members shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of Committee, and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Committee members will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe.

(2) Committee members shall, at all time, subordinate their personal interests to those of the Tribe and the Committee and shall avoid conflicts of interest, including without limitation, that no Committee members shall exploit information related to Tribe, the Committee, or an applicant for their own personal gain or profit.

(3) No Commissioner shall commit any act with respect to the Tribe, the Committee, or an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Committee, an applicant, or a witness.

(k) Personal Liability and Immunity.

(1) To the fullest extent permitted by law, the Tribe shall indemnify members of the Committee, and its officers, against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Committee and its officers.

(2) The Committee, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (m), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court as the Lac Court Oreilles Band of Lake Superior Chippewa Indians has not waived any aspect of its sovereign immunity in enacting this ordinance.

MCC.6.3.020 Responsibilities of the Human Resources Director

(a) The Lac Courte Oreilles Human Resources Director shall assist the Committee with carrying out the provisions of this ordinance and assist individuals in applying for a pardon or forgiveness. The Human Resources Director shall:

(1) create and implement procedures necessary to process pardon and forgiveness applications;

(2) accept pardon and forgiveness applications;

(3) perform and submit results of background investigations and drug tests (when applicable) to the Committee;

(4) forward pardon and forgiveness applications to the Committee when the background investigations and drug tests (when applicable) are complete;

(5) maintain a record of all pardon and forgiveness applications filed, every pardon and forgiveness request granted or denied, and the reasons for each action;

(6) maintain a complete and accurate record of all proceedings, including all correspondence, transcripts, documents, evidence, and appearances made in connection with the applications;

(7) perform other duties in connection with matters under this Law as may be requested by the Committee.

MCC.6.3.030 Pardon and Forgiveness Eligibility and Application

(a) Eligibility. A Tribal member may receive a pardon for any criminal conviction(s); and any individual may receive forgiveness for an act(s) that renders the individual ineligible: for housing with the Tribe; Tribal employment; an occupational license, certification or permit issued by the Tribe; a foster care license issued by the Tribe; or other Tribal benefit.

(1) Upon completion of incarceration, parole, probation and/or deferred prosecution, Tribal members shall be eligible to apply for a pardon.

(2) One (1) year after an act is committed, or affirmed through the conclusion of any appeal process, an individual shall be eligible to apply for pardon or forgiveness.

(b) Ineligibility. An individual is ineligible for a pardon or forgiveness if he or she is: being investigated for an act and if found to have committed such act, would be ineligible for the benefit he or she is seeking; or appealing a termination and the termination makes him or her ineligible for the benefit he or she is seeking; or currently incarcerated, on parole, probation, and/or under a deferred prosecution agreement; or has any outstanding penalties or fines.

(c) Initiating an Application. Applications for a pardon or forgiveness may be obtained from the Human Resources Director or on the Tribal website. Completed applications shall be filed with the Human Resources Director in person, during normal Tribal business hours, or sent by certified mail to the Human Resources Department at 13394 W Trepania Rd, Hayward, WI 54843.

(d) Required Application Information. Each applicant is responsible for submitting all required materials and authorizations.

(1) A completed pardon application shall include the following:

(A) a copy of the applicant's Tribal enrollment card or enrollment verification certificate;

(B) a copy or copies of any discharge papers from incarceration or jail;

(D) any necessary releases for drug testing (if applicable), investigations and/or background checks;

(E) any authorizations from a probation officer to release information;

(F) if the crime, termination, eviction, denial of license, certification or permit issued by the Tribe or ineligibility of other Tribal benefit was because of the use or other drug offense, the applicant must test negative for illegal drugs and prescribed medication for which he/she does not have a valid prescription for.

(G) a personal written statement, including the reason(s) for requesting a pardon and a description and documentation of the applicant's efforts towards self-improvement;

(H) information regarding the conviction(s) for which the applicant is seeking a pardon, including:

(i) date(s) upon which the crime(s) occurred;

(ii) location(s) where the crime(s) occurred;

(iii) date(s) of conviction(s); and

(iv) jurisdiction(s) which imposed the sentence(s).

(I) verification of attendance or successful completion of any counseling, therapy, or rehabilitative programs such as AODA treatment, anger management or coping skills classes;

(J) letters of reference or support from people well-regarded in the community. Such letters shall detail the applicant's accomplishments or contributions to the community or attest to the applicant's rehabilitation and trustworthiness. These may include, but are not limited to:

(i) clergy or other spiritual leaders;

(ii) employers and/or community members;

(iii) teachers;

(iv) organizers of support groups the applicant attends or has attended.

(K) any other information relevant to the applicant's conviction(s) or rehabilitation efforts;

(L) proof of payment of all penalties and fines.

(2) A completed forgiveness application shall include the following:

(A) a copy of the applicant's Tribal enrollment card, if applicable;

(B) the applicant's employment record prior to the act, if applicable;

(D) the results of a drug test (if applicable);

(E) the act that triggered the applicant's ineligibility;

(F) the impact of the act on the Tribe;

(G) the length of time since the act;

(H) a written statement from the applicant demonstrating remorse for the violation.

(I) two (2) letters of recommendation, with no more than one (1) recommendation coming from a person who is a family member of the applicant.

(J) any additional credible and relevant information;

(K) proof of payment of all penalties and fines.

(e) Incomplete Application Consequences. Failure of the applicant to provide a complete application, or any of the required information and/or materials may result in:

(1) the application being returned with a request for more information; or

(2) the application being removed from consideration; or

(3) denial of a pardon or forgiveness.

(f) Applicant Misrepresentations. Any applicant who misrepresents, omits, or falsifies any information on the application or during the pardon process shall be denied a pardon. If a pardon is granted and it is later determined that there is misrepresented or false information, or pertinent information was purposefully omitted, the Tribal Governing Board shall have the right to rescind the pardon or forgiveness.

MCC.6.3.040 Drug Testing

(a) If the crime, termination, eviction, denial of license, certification or permit issued by the Tribe or ineligibility of other Tribal benefit was because of the use or other drug offense, the applicant must test negative for illegal drugs and prescribed medication for which he/she does not have a valid prescription for.

(1) The applicant shall undergo testing at the LCO-CHC at the time scheduled for illegal drugs and prescribed medication for which they do not have a valid prescription as a prerequisite for obtaining a pardon. The laboratory evaluation of the sample will be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse. Such drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following five classes of drug and correlative cutoff concentrations: Marijuana; Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone, Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA), Methylenedioxyethylamphetamine (MDEA); and Phencyclidine (PCP).

(A) In the event of a positive test result, a confirmation test will be performed by a laboratory specified in Section MCC.6.3.040(a)(1) above, using the original sample (not a new sample). The confirmation test will be based on a different analytical method of higher analytical certainty.

(B) An applicant who tests positive (upon completion of a confirmation test) for illegal drugs and/or prescribed medication for which they do not have a valid prescription, shall not be eligible for a pardon.

(D) An applicant whose drug test is adulterated or diluted shall not be eligible for a pardon.

(2) The results of the test will be released to the Committee.

MCC.6.3.050 Hearings

(a) Notice of Hearing. The Committee shall conduct quarterly hearings and provide official notice to the applicant by certified mail, including the date, time and location of the hearing, at least twenty (20) calendar days prior to the hearing. If alternate arrangements have been made under Section MCC.6.3.050(b) below, notice shall be provided to the applicant with as much advance notice as possible and as time permits.

(1) Hearings shall take place at a regularly scheduled time and location to be determined by the Committee and shall not be open to the public.

(b) Alternate Hearing Arrangements. Applicants who reside out of the tribal Service Area who are unable to attend a hearing may submit a written request by certified mail to the Human Resources Director for alternate arrangements to appear by video conference and/or to reschedule the hearing date. If alternate arrangements are unavailable, the applicant may withdraw the application up to three (3) business days prior to the hearing without penalty and may re-apply for a pardon at any time.

(c) Failure of the Applicant to Attend Hearing. Failure of the Applicant to appear at the hearing may result in the Committee postponing making a determination on the application or recommending that the Tribal Governing Board deny the application.

(1) Applicants with a legitimate reason for failing to appear for a hearing shall have ten (10) calendar days from the date of the missed hearing to provide documentation to the Committee. Such documentation may include but shall not be limited to the following: a Doctor's excuse; an accident/police report; or a funeral notice.

(d) Testimony and Notarized Statements. The Committee shall obtain oral testimony at the hearing from the applicant, and any victims or witnesses.

(1) Victims, witnesses, and other persons unavailable for a scheduled hearing may submit a notarized statement for consideration.

(2) The Committee may institute recesses and postponements as they see fit.

(3) The Committee may ask questions at any time during the hearing.

(4) The Committee may require the applicant to provide further documentation.

(A) Within five (5) business days of the hearing, the Committee shall send a written request by certified mail to the applicant for the additional documentation.

(B) The applicant shall submit the documentation to the Human Resources Director within thirty (30) calendar days after receiving the request for the documentation. Failure of the applicant to provide any of the required documentation may result in:

(i) the application being removed from consideration; or

(ii) denial of the application.

(e) Deliberations and Recommendation. After the hearing, the Committee shall go into executive session for deliberations.

(1) The Committee shall consider all information gathered from the hearing, the application, the background investigation, and any testimony or notarized statements when determining whether to recommend that the application be approved or denied.

(A) The Committee shall be responsible for weighing the appropriateness of granting a pardon or forgiveness.

(2) Recommendation. After considering the factors provided, the Committee shall decide and compose a formal, written recommendation for each application, including reasons to approve or deny the application within thirty (30) days after the pardon or forgiveness hearing. The recommendation, including any dissenting opinions issued by the Committee shall be forwarded to the Tribal Governing Board within thirty (30) calendar days after deciding, along with the following materials for review:

(A) All information from the application and the background investigation;

(B) Any notarized statements submitted;

(D) An audio recording of the hearing, upon request by a Tribal Governing Board member.

MCC.6.3.060 Conditions and Restrictions

(a) Pardons. Certain convictions may affect a Tribal member's rights under state or federal law or result in restrictions being placed on a Tribal member, regardless of whether a Tribal pardon has been granted.

(1) Civil Rights. A pardon by the Tribe does not guarantee the restoration of all civil rights, and each recipient of a Tribal pardon is responsible for determining whether the pardon affects any non-Tribal restrictions or limitations that may be applicable pursuant to the conviction.

(2) Employment. Individuals convicted of a crime that is "substantially related" to the care of another person or animal may be subject to extended or permanent restrictions on licensing or professional credentials in fields relating to such caretaking. A Tribal pardon shall not affect these restrictions.

(3) Sex Offender Registry. Receipt of a Tribal pardon shall in no way affect registration, tracking or other restrictions or obligations imposed upon sex offenders.

(4) Voting Rights. Each state, and the federal government are empowered to determine whether felons may vote in elections, caucuses, referendums or any other venue dependent on the votes of citizenry. The granting of a Tribal pardon shall not supersede the rights of these jurisdictions to determine the eligibility of voters.

(b) Other Restrictions. The Committee's written recommendation to the Tribal Governing Board to approve an applicant's request for a pardon or forgiveness may also recommend the Tribal Governing Board to impose restrictions on the applicant. If the Committee does not recommend a restriction, the Tribal Governing Board shall have the authority to place restrictions on the applicant before approving the pardon or forgiveness request. Restrictions shall specify the time lines attached to them, which may expand over a period of months, years, or indefinitely.

(1) Restrictions shall be clearly defined and may include the following:

(A) The applicant is ineligible for a transfer, promotion or job reassignment;

(B) The applicant may be prohibited from:

(i) Handling cash and/or merchandise;

(ii) Having Tribal property sign-off authority;

(iii) Supervising staff;

(iv) Supervising or caring for children or the elderly;

(v) Any other restrictions the Tribal Governing Board determines as appropriate.

(2) When restrictions are imposed for a period of greater than five (5) years, the applicant may, after five (5) years, apply to have the restrictions modified or lifted. The request to modify or lift restrictions will follow the same process required to request a pardon.

(3) The applicant shall sign a written statement describing each restriction, and time period of such restriction prior to exercising the benefits restored by the pardon or forgiveness.

(c) Conditions. The Committee may also recommend that an applicant requesting a pardon or forgiveness be required to complete conditions before the applicant is granted the pardon or forgiveness. If the Committee does not recommend a condition, the Tribal Governing Board shall have the authority to place conditions on the applicant before approving the pardon or forgiveness request.

(1) Conditions shall be clearly defined and may include the following:

(A) perform community service hours within a Tribal Department;

(B) payment of restitution to the Tribe;

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.

MCC.6.3.080 Confidential Information

(a) All members of the Committee understand, acknowledge, and agree by virtue of service on the Committee that the performance of their duties and responsibilities and obligations under this ordinance shall occur mainly within the territory of the Tribe as set forth in Article I, § 1 of the Lac Courte Oreilles Tribal Constitution; that they have read and understand the duties and responsibilities, obligations, and all other provisions of this ordinance; and that they have agreed to abide by the same.

(b) The Committee shall have access to confidential applicant information as established pursuant to this ordinance.

(c) Any member of the Committee who releases any information without approval from the Tribal Governing Board, or uses any information for personal gain, that is part of an application shall be subject to sanctions, including dismissal from the Committee and penalties under Federal, State or Tribal law.