Resolution No. 2022-66 — Amendment of Title III, Chapter 6 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law Pardon and Forgiveness Code
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians ("Tribe") is a federally recognized Indian tribe organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. § 5101, et seq.; and
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, Section 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article V, Section 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, Section 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, Section 1 (m).
WHEREAS, the Tribal Governing Board duly enacted the Pardon and Forgiveness Code, as amended, for the purpose of providing bestir, efficient and formal process by which: a Tribal members may receive a pardon or 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.
WHEREAS, the Tribal Governing Board determines that it is in the best interests of the Tribe to amend the Pardon and Forgiveness Code.
NOW THEREFORE BE IT RESOLVED, that the amendment found below to Title III, Chapter 6 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Code of Law "Pardon and Forgiveness Code" shall be, and hereby are, enacted as an ordinance of the Tribe, pursuant to Article V, Section 1(l) and (m) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and these sections as they exist at this time are hereby repealed in their entirety.
NOW THEREFORE BE IT FINALLY RESOLVED, that the following has been amended.
§ MCC.6.3.070 Tribal Governing Board Responsibilities.
Subsection (f)(1) is amended as follows.
Prior Subsection:
(A) Section PRP.7.5.060(b) which provides that the Housing Authority shall preclude admission of applicants whose activities, past and present, reasonably may be expected to have a detrimental effect on the Tenants or the environment of the Area of Operation. Such behavior would include a history of activity, engaged in by the applicant or any member of the household of the applicant that threatens the health or safety of, or right to peaceful enjoyment of their premises by other residents of the Reservation or the employees of the Housing Authority, unless otherwise granted a waiver (pardon or forgiveness). A violation history as evidenced by a conviction of a crime, of a city or county ordinance adopting a state criminal statute, or of a tribal ordinance regulating public safety. Such a history also, as evidenced by an activity which violates this ordinance or the policies of the Housing Authority, and threatens health, safety, or Tenants' rights of peaceful enjoyment;
(B) Section PRP.7.5.060(f) which provides that 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 and a grant of a waiver (pardon or forgiveness);
(C) Section PRP.7.5.060(g) which provides that 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 and granted a waiver (pardon or forgiveness);
Amended Subsection:
(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;
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom _ being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 20th day of December, 2021; that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of __ members, __ against, __ abstaining, and that said Resolution has not been rescinded or amended in any way.
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Tweed Shuman, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board