Title MCC Meetings, Committees, and Commissions
Chapter MCC.1 Chapter MCC.1 Tribal Government Code of Conduct of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians
Subchapter MCC.1.1 Introduction
MCC.1.1.010 Title [Repealed]
Repealed.
MCC.1.1.020 Authority [Repealed]
Repealed.
MCC.1.1.030 Purpose [Repealed]
Repealed.
MCC.1.1.040 Effective Date [Repealed]
Repealed.
MCC.1.1.050 Interpretation [Repealed]
Repealed.
MCC.1.1.060 Limited Waiver of Individual Immunity [Repealed]
Repealed.
MCC.1.1.070 Severability and Non-Liability [Repealed]
Repealed.
MCC.1.1.080 Repeal of Inconsistent Tribal Ordinances [Repealed]
Repealed.
Subchapter MCC.1.2 General Definitions
MCC.1.2.010 General Definitions [Repealed]
Repealed.
Subchapter MCC.1.3 Principles
MCC.1.3.010 Conduct in Conformity with Applicable Rules and Laws [Repealed]
Repealed.
MCC.1.3.020 Equal Representation [Repealed]
Repealed.
MCC.1.3.030 Integrity [Repealed]
Repealed.
MCC.1.3.040 Confidentiality [Repealed]
Repealed.
MCC.1.3.050 Responsibility [Repealed]
Repealed.
MCC.1.3.060 Competence [Repealed]
Repealed.
MCC.1.3.070 Accountability [Repealed]
Repealed.
Subchapter MCC.1.4 Conflict of Interest
MCC.1.4.010 Conflict of Interest [Repealed]
Repealed.
MCC.1.4.020 Anti-Nepotism [Repealed]
Repealed.
MCC.1.4.030 Conflict of Interest Statements and Official Action [Repealed]
Repealed.
Subchapter MCC.1.5 Fiduciary Duty
MCC.1.5.010 Economic Interests [Repealed]
Repealed.
MCC.1.5.020 Tribal Government Contracts: Restrictions and Bid Requirements [Repealed]
Repealed.
MCC.1.5.030 Awards, Loans, Reimbursements and Campaign Contributions [Repealed]
Repealed.
MCC.1.5.040 Tribal Entity Monetary Benefits [Repealed]
Repealed.
MCC.1.5.050 Purchase Policy [Repealed]
Repealed.
MCC.1.5.060 Travel Policy [Repealed]
Repealed.
Subchapter MCC.1.6 Employment, Compensation and Benefits
MCC.1.6.010 Compensation [Repealed]
Repealed.
MCC.1.6.020 Work Site Accommodations [Repealed]
Repealed.
MCC.1.6.030 Personnel Files [Repealed]
Repealed.
MCC.1.6.040 Medical Documentation [Repealed]
Repealed.
MCC.1.6.050 Hours of Work [Repealed]
Repealed.
MCC.1.6.060 Pay Period [Repealed]
Repealed.
MCC.1.6.070 Attendance [Repealed]
Repealed.
MCC.1.6.080 Compensatory Time [Repealed]
Repealed.
MCC.1.6.090 Payroll Deductions [Repealed]
Repealed.
MCC.1.6.100 Bank Deposits or Payroll Deductions [Repealed]
Repealed.
MCC.1.6.110 Workers' Compensation [Repealed]
Repealed.
MCC.1.6.120 Available Benefits [Repealed]
Repealed.
MCC.1.6.130 Group Health Insurance / Cobra [Repealed]
Repealed.
MCC.1.6.140 Holiday Leave [Repealed]
Repealed.
MCC.1.6.150 Personal Time Off [Repealed]
Repealed.
MCC.1.6.160 Sharing Personal Time Off [Repealed]
Repealed.
MCC.1.6.170 Additional Paid Leave [Repealed]
Repealed.
MCC.1.6.180 Unpaid Leave [Repealed]
Repealed.
MCC.1.6.190 Family and Medical Leave [Repealed]
Repealed.
MCC.1.6.200 Life Insurance, Disability Insurance and Retirement Plan [Repealed]
Repealed.
MCC.1.6.210 Employee Assistance Program [Repealed]
Repealed.
MCC.1.6.220 Christmas Bonus [Repealed]
Repealed.
MCC.1.6.230 Alcohol and Drugs [Repealed]
Repealed.
MCC.1.6.240 Drug Free Workplace Act Compliance [Repealed]
Repealed.
MCC.1.6.250 Drug and Alcohol Testing Procedures [Repealed]
Repealed.
MCC.1.6.260 Inspection and Search [Repealed]
Repealed.
MCC.1.6.270 Workplace Violence [Repealed]
Repealed.
MCC.1.6.280 Off-Duty Misconduct [Repealed]
Repealed.
Subchapter MCC.1.7 Confidentiality
MCC.1.7.010 Confidentiality [Repealed]
Repealed.
MCC.1.7.020 Media Inquiries [Repealed]
Repealed.
MCC.1.7.030 Security Measures / Limited Access Control Areas [Repealed]
Repealed.
MCC.1.7.040 Internet and Telephones [Repealed]
Repealed.
MCC.1.7.050 Policy Regarding Use of Social Media by Elected Officials [Repealed]
Repealed.
Subchapter MCC.1.9 Vehicle Driver Certification
MCC.1.9.010 Purpose [Repealed]
Repealed.
MCC.1.9.020 Scope [Repealed]
Repealed.
MCC.1.9.030 Policy [Repealed]
Repealed.
MCC.1.9.040 Procedures [Repealed]
Repealed.
MCC.1.9.050 Minimum Certification Requirements [Repealed]
Repealed.
MCC.1.9.060 Recordkeeping [Repealed]
Repealed.
Subchapter MCC.1.10 Miscellaneous
MCC.1.10.010 Amendments to the Governmental Code of Conduct [Repealed]
Repealed.
Subchapter MCC.1.11 Implementation and Compliance
MCC.1.11.010 Filing of Complaints [Repealed]
Repealed.
MCC.1.11.020 Notice [Repealed]
Repealed.
MCC.1.11.030 Determination to Proceed [Repealed]
Repealed.
MCC.1.11.040 Response to Notice [Repealed]
Repealed.
MCC.1.11.050 Fair Hearings [Repealed]
Repealed.
MCC.1.11.060 Administrative Decision [Repealed]
Repealed.
MCC.1.11.070 Appeals [Repealed]
Repealed.
MCC.1.11.080 Statute of Limitations [Repealed]
Repealed.
MCC.1.11.090 Retaliation Prohibited [Repealed]
Repealed.
Subchapter MCC.1.12 Sanctions and Penalties
MCC.1.12.010 Administrative Sanctions [Repealed]
Repealed.
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;
(c) Shall not be deemed a limitation or repeal of any other tribal power or authority.
(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.
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.
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.
(c) "Board" means the Tribal Governing Board of the Lac Court Oreilles Band of Lake Superior Chippewa Indians.
(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 may conduct regular weekly meetings to conduct tribal business as determined by the Tribal Governing Board.
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;
(c) Agenda of the meeting; and
(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;
(c) Approval and ratification of minutes from the immediately preceding meeting, both regular and special;
(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;
(c) Agenda of the meeting; and
(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
(c) Agenda of the meeting
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
(c) Agenda of the meeting.
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
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).
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;
(c) Shall not be deemed a limitation or repeal of any other tribal power or authority.
MCC.4.1.070 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.4.1.080 Repeal of Inconsistent Tribal Ordinances
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.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.
(c) Policy Council Member Eligibility. Voting members of the Policy Council must meet the following criteria:
(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
(c) Agenda Update
(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;
(c) Shall not be deemed a limitation or repeal of any other tribal power or authority.
MCC.6.1.080 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.6.1.090 Repeal of Inconsistent Tribal Ordinances
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.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.
(c) "Committee" shall mean the Pardon and Forgiveness Screening Committee.
(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.
(c) Official Powers and Duties. The Committee shall carry out the following official powers and duties:
(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;
(C) official verification of any successful completion date of the probation, parole or deferred prosecution;
(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;
(C) the applicant's background records;
(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.
(C) An applicant who declines a drug test when deemed required by the Committee, 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;
(C) A proposed draft resolution; and
(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;
(C) any other conditions the Tribal Governing Board determines as appropriate.
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.