Little River Band of Ottawa Indians, Ordinances and Regulations

Section 1. Purpose

1.01. Pursuant to the authority vested in the Little River Band of Ottawa Indians by its Constitution, and particularly by Article II, section 4 which authorizes the Tribal Council to set forth Ordinances for the enrollment of individuals as members of the Little River Band, and in furtherance of the Tribal Council's authority to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Little River Band of Ottawa Indians hereby enacts this ordinance which shall establish the Tribal enrollment procedures and policies.

This Ordinances is adopted under provisions of the Constitution of the Little River Band of Ottawa Indians, which was recognized and extended by Section 8(a)(2) of Public Law 103-324. It is intended that this Ordinance continue in full force and effect not only until such time as the Little River Band of Ottawa Indians adopt a new constitution under the Indian Reorganization Act, as authorized by Section 8(a)(1) of Public Law 103-324, but thereafter, unless and until it is modified, amended or revoked by the duly authorized and elected governing body as created by such new constitution.

1.02. Legislative Action. The Tribal Council shall have the authority to amend, or repeal this Ordinance in accordance with procedures set forth in the Constitution and by the Tribal Council. The legislative history of actions taken in regards to this ordinance are as follows.

1. Repeal of Ordinance # 94-1018-01. The Tribal Council replaced Ordinance # 94-1018-01 with Ordinance # 97-200-01 by adoption on October 12,1997.
2. Amendment to Ordinance # 97-200-01. The Tribal Council amended Ordinance # 97-200-01 on January 31, 2001, 2001 by adoption of resolution # 01-0131-01.

Section 2. Persons Entitled to Membership

2.01. Eligibility for Membership. An individual is eligible for membership in the Tribe, if he/she possesses at least one-fourth (1/4) degree Indian blood, of which at least one-eighth (1/8) degree must be Grand River Ottawa or Michigan Ottawa blood and:

1. Is a lineal descendant of a member of the historic Grand River Bands who resided in Manistee, Mason, Wexford or Lake Counties in the State of Michigan, who was listed on the schedule of Grand River Ottawa in the Durant Roll of 1908 as approved by the Secretary of the Interior on February 18, 1910; or,
2. Is a lineal descendant of individuals listed on the 1870 Annuity Payrolls of Chippewas and Ottawas of Michigan listed under the following Ottawa Chiefs: Kewacushkum Pay-quo-tush Me-tay-wis Shaw-be-quo-ung Penayse Kaw-gay-gaw-bowe Maw-gaw-ne-quong Ching-gawa-she Aken Bell; and,
3. Is not currently enrolled in any other federally recognized Indian Tribe, band, or group.
   

Section 3. Enrollment Procedure

3.01. Application forms to be filed by or for applicants for enrollment will be furnished by the Enrollment Officer, or other persons designated by the Enrollment Commission, upon written or oral request. The Enrollment Officer may also send application forms to persons known to be eligible for enrollment together with the notice of preparation of the roll.

3.02. A separate application is required for each individual seeking enrollment or for whom enrollment is sought. A parent of a minor under the age of 18 may file an enrollment application on behalf of his/her child(ren). Legal guardians of other legally incompetent persons may file enrollment applications on behalf of such persons; however, the Enrollment Officer may require proof of a guardian's status as a condition of approving an application submitted on behalf of such person. The Enrollment Officer shall assign a control number to each application received.

3.03. The burden of proof rests with each person submitting an application for enrollment to establish the applicant's eligibility for enrollment pursuant to Section 2 of this Ordinance.

3.04. Documentary evidence such as birth certificates, death certificates, baptismal records, copies of probate findings, or affidavits, may be used to support enrollment. Records of the tribe or of the Bureau of Indian Affairs may be used to establish eligibility. The Enrollment Officer may utilize documents submitted on behalf of one family member in determining another family member's eligibility.

3.05. The Enrollment Officer shall make every effort to complete his/her review of each application within 120 days after receipt of the application. The Enrollment Officer shall, within that 120 day period, make a recommendation to the Enrollment Commission to either accept or reject the application, or in unusual situations, request additional information from the applicant.

3.06. The Enrollment Commission, with the assistance of any person authorized to assist in the enrollment processes, shall review each application, the recommendations of the Enrollment Officer, and make its determination in writing stating the reason(s) for acceptance or rejection of the application.

3.07. Persons whose applications for enrollment are accepted shall be assigned an enrollment number and shall be issued an enrollment card signed by the Tribal Ogema.

3.08. If the Enrollment Commission has rejected an application for enrollment, the Commission shall set forth the reason(s) for rejection in writing, including any additional evidence which might be needed to approve such application, and provide written notice to applicant of his/her right to re-submit the application at a later date or to appeal the decision in accordance with Section 8 of this Ordinance.

Section 4. Enrollment Commission

4.01. An Enrollment Commission consisting of three (3) to five (5) enrolled Tribal members shall be appointed by the Tribal Council in accordance with applicable Tribal laws and policies governing the appointment of members of Tribal Committees. The term of office for a member of the Enrollment Commission shall be for four years. Individuals appointed to the Enrollment Commission shall be sworn in by the Tribal Court. The terms of the Enrollment Commission members existing as of the date of adoption of these amendments shall be as follows so as to create staggered terms of office:

1. Two of the members shall be chosen at random and shall serve two year terms.
2. The remaining members, including any vacancies shall serve four year terms.

4.02. The members of the Enrollment Commission shall select one (1) member to serve as Chairperson of the Commission. The Enrollment Commission shall meet at least once a month or as often as necessary. The Enrollment Officer or Commission Chairperson shall call all meetings when it is determined that there is a need for a meeting. All other rules of procedure for the conduct of meetings shall be determined in accordance with any applicable Tribal Ordinances or policies governing the conduct of meetings.

4.03. In addition to the responsibilities described in Section 3 of this Ordinance, the Enrollment Commission shall advise the Enrollment Officer, other pertinent staff and the Tribal Council as to how the enrollment process may be made as fair and equitable as possible. The Enrollment Commission shall also assist in the preparation of any special rolls, including roles of Tribal members eligible for monetary payments or other benefits that may accrue to Tribal members.

Section 5. Maintenance of Roll

5.01. The Enrollment Officer shall ensure that the roll of tribal members is kept current.

5.02. The Enrollment Officer shall prepare a minimum of four copies of the roll of those persons determined to be eligible for enrollment. The roll shall contain for each person a roll number, name, address, sex, date of birth, date of death, degree of Indian blood and degree of Grand River Ottawa or Michigan Ottawa blood. The membership roll shall be updated periodically or, at a minimum, annually, to add newly enrolled members.

5.03. Bi Annual Audit. In January 2001, and every two years thereafter, starting in September 2002, the Enrollment Officer shall conduct, or cause to be conducted, a Bi-Annual Audit of the Roll. Such audit shall be conducted on any previously unaudited portion of the Roll. The Biannual Audit shall be conducted to accomplish two goals:

1. To confirm or otherwise verify the accuracy of each member approved for enrollment; and
   
2. To review and provide comment on the processes utilized by the Enrollment Officer and Enrollment Commission.

5.04. Presentation of the Biannual Audit. The Enrollment Officer shall present to the Enrollment Commission the Biannual Audit which shall contain the following sections:

1. Corrections to the Roll. This section shall contain changes identified by the Enrollment Officer in the Biannual Audit. These changes shall be grouped into the following categories. All lists identified in this subsection shall contain the full name of the member, enrollment number, blood quantum, date of birth, and other identifying characteristics as may be necessary as identified by the Enrollment Officer.
   1. No corrections are necessary. This shall be a list of those members for which the Enrollment Officer identified no discrepancies.
   2. Correction to roll which results in an increase in the blood quantum of a member. This shall be a list of those members for which the Enrollment Officer identified discrepancies in the file which will result in increasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity the reasons why the member's blood quantum should be increased.
   3. Correction to the roll which results in a decrease in the blood quantum of a member which may result in disenrollment. This shall be a list of members for which the Enrollment Officer identified discrepancies in the file which will result in decreasing the blood quantum of a member and a short description of the discrepancy identified. This list shall be supplemented by an appendix which identifies with sufficient specificity why the member's blood quantum should be decreased.
2. Review and Analysis of the Processes. This section shall identify the list of processes and procedures, including the Enrollment Ordinance, utilized by the Enrollment Officer and Enrollment Commission and any proposed changes or amendments that may be identified by the audit.

5.05. Action on the BI Annual Audit. The Enrollment Commission shall accept the audit at a regular or special meeting, from the Enrollment Officer. After acceptance, the Enrollment Commission shall rule on each section of the audit.

1. Approve audited files without change.
   
2. Approve, or disapprove corrections to the file which result in increases in blood quantum. Such disapproval shall include written reasons for the disapproval, and may include a recommendation which identifies additional information or authentication which would cause the Enrollment Commission to approve the recommendation.
3. Approve, or disapprove corrections to the file which result in decreases in blood quantum. Approval shall result in the Enrollment Officer forwarding via personal service or certified mail, return receipt requested, notice to the member of the initial decision of the Enrollment Commission and hearing date for the final decision.

5.06. Hearings. The Enrollment Commission shall hold hearings regarding corrections to decrease blood quantum for individual members. Such hearings shall be closed hearings, and all evidence and testimony shall be recorded and collected for the record. The member shall be given at least fourteen calendar days notice of the hearing date, time and place, and shall be notified that he/she may bring additional evidence, witness or other information to the hearing. The Enrollment Commission shall utilize the following process for hearing, as well as any rules promulgated by the Tribal Court in regards to the receipt of evidence or testimony.

1. The Enrollment Officer shall present the results of the Biannual Audit in regards to the member and the corrected blood quantum.
2. The member shall present any evidence or witnesses.
3. The Enrollment Officer may cross-examine witnesses presented by the member.
4. The Enrollment Commission may request closing or summary arguments at the completion of the presentations, and may ask questions during any part of the hearing of the Enrollment Officer, member or witnesses.

5.07. Written Decision. The Enrollment Commission shall present a written decision, within 45 days of the end of the hearing, which identifies the facts, evidence relied upon, and rule of law in regards to its decision making process to the Enrollment Officer and member. The written decision shall include direction to the Enrollment Officer regarding changes to the blood quantum, as well as notice to the member that he/she may appeal the decision to the Tribal Court as set out in Section 8 of the Enrollment Ordinance. Provided that, the Enrollment Commission, by a showing of good cause, may enter an order extending the 45 day deadline not longer than 30 days.

Section 6. Disenrollment

6.01. Grounds for Disenrollment. Any enrolled member of the Tribe who applies for and becomes an enrolled member of any other federally recognized Indian Tribe, Band or group subsequent to his/her enrollment in the Little River Band of Ottawa Indians, shall thereby forfeit his/her membership in the Little River Band of Ottawa Indians. An enrolled member of the Tribe may also be disenrolled upon a determination that a prior determination was made based upon a mistake of fact.

6.02. Procedure for Disenrollment Upon receiving notice that one or more of the grounds for disenrollment exist, the Tribal Enrollment Officer shall:

1. Contact the member, or the member's parent or guardian, and inform such person of the fact they will be disenrolled, the reason for such person's disenrollment and opportunity to provide arguments and evidence why he/she should not be disenrolled;
2. The notice required under paragraph (a) shall be mailed to such person's last known address by registered mail, return-receipt requested, at least thirty (30) days prior to disenrolling such person;
3. If, after thirty (30) days, there is no response, and the grounds for disenrollment is verified the Enrollment Officer shall submit a certificate of disenrollment to the Enrollment Commission along with a written report;
4. If the Enrollment Commission determines that the disenrollment report is correct, the certification of disenrollment shall be entered;
5. Upon entering the certification for disenrollment, the Enrollment Officer shall provide the affected person(s), or such person(s)'s parent or guardian, notice of the Enrollment Commission's action and inform such person(s) of the appeals procedure pursuant to Section 8 of this Ordinance.
6. An Tribal member who is disenrolled because it has been verified that such person has applied for and become an enrolled member of another federally recognized Indian Tribe, Band or group, that person shall be banned from re-applying for membership for a period of five (5) years.

Section 7. Relinquishment of Membership

7.01. Relinquishment Defined. "Relinquishment" is an act by which an enrolled member voluntarily and officially gives up the right of Tribal membership. It is an action that can only be taken by the individual.

7.02. Relinquishment Procedure. An individual may relinquish membership by:

1. Submitting a written and signed statement to the Enrollment Officer requesting that his/her name be removed from the membership roll.
2. The only acceptable proof of relinquishment is the signed, notarized letter of relinquishment.
   
3. Once an individual has relinquished his/her membership, that individual shall be banned from reapplying for enrollment for a period of five (5) years.
4. Membership of a minor or other incompetent person may be relinquished by the parents or legal guardian; however, in such an event, a minor may re-apply, within the five (5) year period, or upon reaching the age of seventeen (17). An incompetent person's relinquishment may be corrected by that individual by proving competency.
5. The Tribal Enrollment Officer may not refuse a competent member's request to relinquish his/her membership, if such person's request is supported by a written, signed and notarized letter making that request.

Section 8. Appeal of Enrollment Decisions

8.01. All appeals from decisions of the Enrollment Officer or Enrollment Commission shall be heard by the Tribal Court.

8.02. Any person, including the parent or legal guardian of a minor or incompetent, who has been rejected for enrollment or subject to disenrollment has a right to appeal the decision of the Enrollment Commission.

8.03. The applicant appealing a decision of the Enrollment Commission shall the burden of proof on appeal.

8.04. All appeals shall be made in writing to the Tribal Court. An applicant shall have sixty (60) calendar days from the date of the adverse decision appealed from to file an appeal with the Tribal Court.

8.05. An applicant shall be granted a sixty (60) day extension to file his/her appeal if a written request for an extension is filed with the Tribal Court within the sixty (60) day period described in Section 8.04.

8.06. Parties may submit any additional supporting evidence or documents which were not previously furnished to the Enrollment Officer or Enrollment Commission and may include a copy of or reference to applicable Tribal records or records of the Bureau of Indian Affairs which relate to the applicant's eligibility for enrollment under Section 2 of this Ordinance.

8.07. The Tribal Court shall permit all parties to examine records submitted on appeal and to provide testimony or other evidence which would support or refute the application for membership or continuance of membership.

8.08. The sole issues on appeal will be to determine of the Enrollment Officer or Enrollment Commission made an error in rejecting the application for enrollment or in disenrolling the applicant. The burden of proof shall remain with the individual affected by the decision of the Enrollment Commission.

Section 9. Confidentiality

9.01. Records Subject to Confidentiality Provisions. As used in this Ordinance, "records" or "enrollment files" means any item or information about or collected from individuals, including, but not limited to, birth certificates, genealogy reports, or other documents that contain the individual's name, or identifying particulars assigned to the individual, such as photographs, which information is collected for the purpose of determining the eligibility for enrollment in the Tribe of an individual or members of an individual's family.

9.02. Use of Information; Advice to Individuals.

1. Each individual who supplies or is asked to information about himself and his family shall be informed of the use or uses to which the information may be put, and what the consequences, if any, are of not supplying the information.
2. At minimum, the notice to the individual must state:
   
   1. The authority which authorizes the solicitation of the information and that the disclosure of such information is voluntary;
   2. That the principal purpose of such information is to determine the eligibility of that person and/or his relations for enrollment in the Little River Band of Ottawa Indians;
   3. That the information may also be used to determine the eligibility of that person and/or his relations for benefits available from the state or federal government which are made available to persons of certain Indian blood quantum;
   4. The effect on him and/or his relations, if any, of not providing all or part of the information requested by the Enrollment Officer or Enrollment Commission;
   5. The steps which will be taken to keep such information and the procedure for authorizing disclosure of information to persons not authorized to access such information under this ordinance.

9.03. Assuring Integrity of Records.

1. Records Maintained in Manual Form. When maintained in manual for,. enrollment files shall maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection:
   1. Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons.
   2. During working hours,
      
      1. the area in which the records area maintained or regularly used shall be occupied by authorized personnel or
      2. access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
   3. During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.
2. Records Maintained on Computer. When maintained in computerized form, enrollment files and records shall be maintained, at a minimum, subject to safeguards based on those recommended in the National Bureau of Standards booklet "Computer Security Guidelines for Implementing Privacy Act of 1974" (May 30, 1975), and any supplements thereto, which are adequate and appropriate to assuring the integrity of records in the system.

9.04. Conduct of Employees.

1. Persons Authorized to Review Records. Unless disclosure to a particular person or persons is authorized pursuant to subsection (c) of this suction, records contained in individual enrollment files may only be handled and reviewed by the following persons:
   1. the Enrollment Officer;
   2. members of the Enrollment Commission;
      
   3. members of the Appeals Board or the Tribal Court reviewing or hearing an appeal regarding a particular enrollment application or file.
2. Handling Records. Employees or members of the Appeals Board or Tribal Court whose duties require handling of records subject to this ordinance shall, at all times, take care to protect the integrity, security and confidentiality of these records.

9.05. Disclosure of Records.

1. No records contained in individual member's enrollment files may be disclosed by any means of communication to any person, or another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.
2. Specific Exceptions. The prohibition contained in paragraph (i) does not apply where the record would be:
   1. A list of enrolled member's names and address may be included in a Directory prepared by the Enrollment Officer in accordance with Section 10 of this Ordinance. The Directory of members' names and addresses may be provided to any Tribal member or employee of the Tribe requesting a copy of such Directory.
   2. To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the United States Code.
   3. To a recipient who has provided the enrollment officer or other person responsible for the record system in which the documents contained in the enrollment files are maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the records are to be transferred in a form that is not individually identifiable.
   4. To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual.
   5. Pursuant to the order of the tribal court upon a showing of good cause.

9.06. Accounting for Disclosures.

1. Maintenance of an Accounting. Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by subsection 9.05, an accounting shall be made. The accounting shall record
   1. the date, nature, and purpose of each disclosure of a record to any person or to another agency and
   2. the name and address of the person or agency to whom the disclosure was made.
      
2. Access to Accountings. Accountings of all disclosures of a record shall be made available to the individual to whom the record relates at his request.

9.07. Requests for Access to Records.

1. A request for access to records contained in enrollment files shall be made in writing to the enrollment officers or his designee.
2. Form of decision.
   
   1. No particular form is required for a decision granting access to records. The decision shall, however, advise the individual requesting the record as to where and when the record is available for inspection or, as the as may be, where and when copies will be available. If fees are due for collecting and/or copying records, the individual shall also be notified of the amount of fees due.
   2. A decision denying a request for access, in whole or part, shall be in writing and shall state the basis for denial of the request. The decision shall also contain a statement that the denial may be appealed to the Tribal Court. This appeal must be filed no later than twenty (20) days after the date of the denial.

Section 10. Preparation of Tribal Member Directory

10.01. The Enrollment Officer is authorized to prepare a Directory of Tribal Members. The Directory may include the name and address of each adult member of the Tribe.

10.02. The Enrollment Officer shall send written notice regarding the preparation of the Tribal Member Directory to the last known address of each adult member of the Tribe. Such notice shall inform each adult member Tribe that a Directory containing Tribal members' names and addresses will be published not less than sixty (60) days after the date of such notice, unless the member notifies the Enrollment Officer that he/she does not wish to have his/her name and/or address included in such Directory. Members shall also be given the option to provide additional information for inclusion in the Directory, which may include the member's telephone number and the name and age of such member's minor children.

10.03. A copy of the Tribal Member Directory shall be provided to any Tribal member or employee of the Tribe requesting a copy. The Enrollment Officer shall keep a record of the name and address of each person to whom a Directory has been provided.

Section 11. Severability

11.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of this remaining portions thereof.

Section 12. Ratification of Prior Enrollment Decisions

12.01. Nothing in this Ordinance is intended to modify or invalidate enrollment decisions made or approved by the Enrollment Officer or Enrollment Commission under authority of Ordinance No. #94-1018-01 prior to the effective date of this Ordinance.

Enrollment Ordinance
Ordinance 97-200-01
Amended - January 31, 2001
Updated: June 6, 2001(10:36am)

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Section 1. Authority and Purpose.

1.01. Authority for this Ordinance is Article IV, Section 7 and Article IX of the Tribal Constitution, approved by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

1.02. The purpose of this Ordinance is to establish guidelines governing the appointment the Election Board responsible for conducting the first election under the Tribal Constitution. The regulations and procedures contained in this Ordinance shall further define the responsibilities and limitations on the Election Board consistent with Article IX of the Tribal Constitution.

1.03. In cases of disputes as to compliance with these regulations, substantial compliance, rather than complete compliance with these regulations shall be deemed adequate.

Section 2. Definitions.

For purposes of this Ordinance, certain terms are defined in this Section. The word "shall" is always mandatory and not merely advisory.

2.01. "At Large District" means the District representing those members of the Tribe residing in any Michigan County, State or other area outside the Nine County District. Qualified Voters who are registered in the At-Large District shall be entitled to vote for candidates for the Tribal Council seat representing the At-Large District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.02. "Ballot" means a paper document printed with a list of candidates for elected offices in each Council District and the Ogema appearing in a randomly determined manner. Ballots shall also contain a number or other identifying code so that the number of votes cast can be monitored and to prevent voters from casting more than one ballot.

2.03. "Ballot Box" means a secure container into which untallied ballots will be placed during the voting period. The Election Board may utilize a U.S. Postal Service box as a ballot box to receive absentee ballots or regular ballots in the event the first election is conducted by mail.

2.04. "Campaigning" means active participation in regular, organized efforts to solicit support for the election of, or in opposition to, specific candidates for office. Campaign activities include: making contributions in support of, or opposition to, candidates, disbursement of campaign literature or signs, canvassing (in person or by telephone) in support of, or opposition to, certain candidates, and organizing/holding meetings or gatherings. Campaigning does not include actions by which one merely expresses his/her support for a candidate(s) verbally or by wearing a button or placing a sign or sticker on one's property.

2.05. "Candidate" means a person who has filed any document(s) necessary to declare such person's candidacy for an elected position on the Tribal Council representing one (1) of the three (3) Council Districts or for the Office of Tribal Ogema. A person must announce his/her candidacy for a Council position for a specific District and may not simultaneously be a candidate for a position on both the Tribal Council and the Office of tribal Ogema.

2.06. "Constitution " means the Constitution of the Little River Band of Ottawa Indians, ratified by a vote of the membership on May 27,1998 and approved by the Assistant Secretary-Indian Affairs on July 10,1998.

2.07. "Contribution " means the donation of money or in-kind donation of a person's efforts or services (personal or professional) in support of a particular candidate or candidates for any elected position in Tribal government.

2.08. "Districts" or "Council Districts" means the three (3) Districts, consisting of the "At-large District," the "Nine County District" and the "Tribal District" from which the nine-(9) seats on the Tribal Council are elected. Qualified Voters must be registered to vote in either the "At-Large District" or the "Nine County District."

2.09. "Election Board " means the five (5) member Board responsible for conducting the first election following its appointment by the Tribal Council pursuant to Article IX, Section 1(e) of the Constitution. The Election Board derives its authority from Article IX of the Constitution and this Ordinance.

2.10. "Election Process" means the steps necessary to conduct the first election and shall include the election announcement, registration of voters, verifying nominating petitions and candidate qualifications and counting of ballots.

2.11. "Immediate Family Member" means a parent, stepparent, spouse, sibling, stepsibling, child or other person(s) residing in the same household.

2.12. "Member" means a person who is duly enrolled in the Little River Band of Ottawa Indians in accordance with applicable Tribal Enrollment Ordinance(s).

2.13. "Nine County District" means the area consisting of Kent, Lake, Manistee, Mason, Muskegon, Newaygo, Oceana, Ottawa, and Wexford Counties, in the state of Michigan. Qualified Voters who are registered in the Nine County District shall be entitled to vote for candidates for the six (6) Tribal Council seat representing the Nine County District, the two (2) Tribal Council seats representing the Tribal District, and for the Office of Tribal Ogema.

2.14. "Non-Candidate Registrants" means individual Tribal members who have registered pursuant to Section 5 of this Ordinance to campaign for, or make contributions on behalf of, any candidate(s) in the election.

2.15. "Poll" or "Polling Place" means anyplace designated by the Election Board for voting to take place. In the case of elections by mail, the homes of Registered Voters shall constitute the "polls" as that term is used in Article IX, Section 3(b) of the Constitution.

2.16. "Qualified voters" means any duly enrolled member of the Tribe, who will be at least eighteen (18) years old on the date of the first election.

2.17. "Registered Voters" means any Qualified Voter who has fulfilled any additional requirements prescribed by the Election Board to vote in the first election. Qualified Voters must be registered in either the "At-Large District" or the "Nine County District."

2.18. "Residence" means a person's primary and legal residence for the six (6) preceding the date of the first election. Evidence of residence may include, but not be limited to, the following: mailing address, address on driver's license, and address listed on utility bills. No Tribal member shall be deemed to have lost his/her residence by means of service in the armed forces of the United States, while a full-time student at any institution of higher learning, nor while confined in any public jail. A person's primary residence determines the district in which such person will be registered to vote.

2.19. "Tribal District" means the District representing all of the members of the Tribe regardless of their area of residence. Qualified voters who are registered in either the At-Large District or the Nine County District shall be entitled to vote for candidates for the two (2) Tribal Council seats representing the Tribal District.

2.20. "Tribal Council" means the nine (9) person body, elected from the three (3) Council Districts, which exercises the legislative powers of the Tribe. The term "Tribal Council" may also refer to the seven (7) person governing body serving at the time the Constitution was adopted.

2.21. "Tribal Ogema" means the chief executive officer of the Tribe elected by majority vote of members voting for the office of Tribal Ogema in the election.

Section 3. Election.

3.01. Appointment. The Tribal Council shall appoint an Election Board consisting of five (5) adult members of the Tribe meeting the qualifications described in subsection 3 .02. Such appointments shall be made within thirty (30) days after the date the Constitution was approved by the Assistant Secretary-Indian Affairs. The Tribal Council may appoint a number of alternates meeting the qualifications described in section 3.02, who shall serve on the Election Board in the event that any member of the Election Board is disqualified or removed from office or in the event that a member resigns from his/her office.

3.02. Eligibility. No person may be appointed to the Election board who is currently holding office on the Tribal Council or is a member of the Tribal Court. No person may be appointed to the Election Board if such member, or a member of such person's Immediate Family, is a Candidate for elected office.

3.03. Resignation, Disqualification and Removal of Election Board Members.

1. Resignation of Election Board, Member. An Election Board member may resign his/her office at any time. Resignation is immediate upon submitting written notice to the Tribal Council of his/her resignation.
2. Disqualification. If an Immediate Family member of any person serving on the Election Board becomes a candidate for elected office that Board member shall be disqualified from serving.
3. Removal. All allegations of impropriety on the part of Election Board members in performance of their duties shall be referred in writing to the Tribal Court. Persons brining allegations of impropriety before the Tribal Court must identify the Election Board member(s) allege to have engaged in improper conduct, the specific action(s) or conduct supporting the allegations, including the date(s) such conduct occurred, the identify of witnesses/participants in such conduct, the impact such conduct has/had on the election process, and the remedy sought. A copy of the allegations shall be served on the Chairperson of the Election Board, the Board member(s) involved, and the Council Recorder. A hearing on the allegations shall be conducted by the Tribal Court within fourteen (14) days after such allegations are filed with the Court. Notice of such hearing, including the specific grounds alleged for removal shall be posted at the Tribal Offices and shall be served on the Board member affected and the remaining Board members at least seven (7) days prior to the hearing date. The affected Board member shall be given the opportunity to answer the charges at a public hearing of the Tribal Court. If the allegations against the Election Board member(s) are sustained, by a preponderance of the evidence, the Tribal Court may order the removal of the affected Board member or other appropriate injunctive relief. If the Tribal Court finds, by clear and convincing evidence, that the conduct of the Election Board member(s) has had a material affect on the integrity of the election process or the outcome of the election, the Tribal Court may declare the affected election results void and order that a new election be held. The decision of the Tribal Court shall be final.

3.04. Vacancies. A vacancy on the Election Board resulting from resignation, disqualification or removal shall be filled as follows:

1. If alternates named pursuant to Section 3.01 are available and willing to serve on the Election Board, such alternate(s) shall be designated by the Speaker/Chairperson of the Tribal Council to fill the vacancy.
2. If no alternates are available or willing serve on the Election Board, the Tribal Council shall appoint a person to fill such vacancy by majority vote.

3.05. Oath of Office. Immediately upon appointment to the Election Board, the Tribal Chairperson shall administer an oath of office to each member of the Board. The oath of office shall include a commitment to uphold the Constitution of the Little River Band of Ottawa Indians, to perform faithfully and diligently the duties and responsibilities of the Election Board, and make every effort to prevent fraud or abuse of the election process. Such oath shall be administered both orally, at a public meeting of the Tribal Council, and in writing.

3.06. Term of Office. The service of the Election Board members appointed to conduct the first election shall expire immediately upon completion of their duties.

3.07. Compensation. Election Board members shall serve without pay; however, Board members shall receive an honorarium for attendance at meetings and may be reimbursed for any expenses incurred in connection with their official duties, including mileage. The amount of such honorarium and other expenses shall be authorized in accordance a budget appropriating funds for the activities of the Election Board approved by the Tribal Council.

3 .08. Duties. The Election Board shall perform all duties necessary to properly conduct the first election and to perform such other duties set forth in this Ordinance.

3.09. Ethical Standards. Election Board members shall uphold the integrity, fairness and independence of the Election Board and the election process in the performance of their duties in that an independent and honorable Election Board is indispensable to assure the respect for the election process in the Tribal community. In furtherance of this requirement, the following ethical standards shall apply to Election Board members during their term of service:

1. Election Board members shall not be actively or publicly involved in the campaign of any person for Tribal Council or other elective office;
2. Election Board members should refrain from all Tribal political activities or actions, which could be interpreted in the Tribal community as supporting any political position. This prohibition does not mean that an Election Board member cannot engage in electoral politics at the local (township, county), state or national level.
3. Election Board members should refrain from announcing his or her views on disputed legal or political issues related to Tribal elections or candidates for elected office.
4. Election Board members, as well as family members who reside in such Board member's household, shall not accept a gift, favor or loan from any person who is a candidate for elected Tribal office or who is a "Non-Candidate Registrant" for any candidate.
5. Election Board members shall not solicit funds or contribute to a Tribal political organization, candidate or political event.
6. Election Board members shall refrain from making any public comment regarding the election rules and procedures unless authorized by the Election Board.
7. Election Board members should encourage members of his/her immediate family to conform to the same standards of political conduct that apply to him/her.

It shall be cause for removal from the Election Board if any member violates this section.

Section 4. Election Procedures.

4.01. Election Rules and Procedures. The Election Board shall issue such rules and regulations, consistent with this Ordinance and the Constitution, as may be necessary to properly conduct the first election. Proposed rules and regulations shall be published at the Tribal Offices and presented to the Tribal Council for comment no later than forty-five (45) days after the initial appointments are made to the Election Board. Final rules and regulations shall be issued not later than ninety (90) days after the initial appointments are made. The Election Board may promulgate its rules and regulations in phases to facilitate the conduct of the election and to meet the requirements of Section 4.02. The Election Board's authority to promulgate rules and regulations shall include, but not be limited to:

1. Establishment of the date for the first election.
   
2. Registration of Qualified Voters in the Tribe, including certification of voter's eligibility, identification of those Registered Voters residing in the "At-Large District" and the "Nine County District," and preparation, publication and updating the roll of Registered Voters prior to the date of the election.
3. Use of nominating petitions or other appropriate procedures to establish the list of candidates for the Off ice of Tribal Ogema and Tribal Council from each of the Council Districts.
4. Procedures for verification of the qualifications of candidates and standards for the disclosure of financial conflicts or other background information by candidates, which the Election Board deems necessary and appropriate to protect the integrity of the electoral process and to protect the public interest.
5. Establishing the form of ballots necessary to implement the District voting process established in the Constitution.
6. Establishment of polling places, distribution of ballots and other voting procedures.
7. Procedures for filing and resolving election challenges.
8. Conduct of fun-off elections for the Office of Tribal Ogema, if necessary.
9. Certifying election results.

In carrying out the above responsibilities, the Election Board shall seek to promote the integrity, fairness and independence of the Election Process by promoting full and equal participation in the Election Process by all Qualified Voters of the Tribe.

4.02. Election Announcement.

1. Preliminary Announcement. Within forty-five (45) days after the initial appointments to the Election Board are made, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal Newsletter a preliminary election announcement which shall, at a minimum, give the date of the election, the voter registration procedures, the officers (Council seats by District and Tribal Ogema) to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for voter registration and closing the list of candidates for each elected office.
2. Final Election Announcement. Not less than sixty (60) days before the date set for the first election, the Election Board shall prepare and post at each Tribal Office and publish in the Tribal newsletter, an election announcement which shall give the date of the election, the manner in which the vote is to be taken (mail/polling places/absentee ballots), the officers to be elected, the procedures for establishing the list of candidates for such offices, and the time limits set for each stage of the election process.

4.03. The members of the Election Board shall select one (1) member to serve as Chairperson of the Board. The Election Board shall meet at least once a month or as often as may be necessary to promulgate the rules and procedures governing the first election, to complete the first election and to fulfill such other duties as are delegated to the Election Board by this Ordinance. The Election Board Chairperson shall call all meetings when it is determined that there is a need for a meeting. The Election Board shall determine its own rules of procedure for the conduct of meetings.

Section 5. Campaigning and Campaign Financing.

5.01. No campaigning shall take place in any of the Tribal Offices, Tribal buildings or any Tribal enterprises.

5.02. Candidates who are tribal employees shall not campaign during office hours. Tribal employees are further prohibited from campaigning for, or exhibiting support for, or opposition to any candidate during office hours. Council members, employees, and members of Tribal Committees and Commissions are further prohibited from campaigning for, exhibiting support for, or opposition to any candidate at official Tribal meetings or functions. Employees, Committee members and Commissioners may engage in any authorized campaign activity after work or other official functions provided such activities occur outside of Tribal Offices or Tribal buildings. Violations of these provisions by Tribal employees shall be referred in writing to the employee's supervisor in accordance with the Tribe's Personnel Policies. Violations of these provisions by members of the Tribal Council, Committees or Commissions shall be referred tot he Speaker/Chairperson and Secretary/Recorder of the Tribal Council.

5.03. Campaign signs may not be posted or erected on any Tribal property except for signs on residential property with the owner/tenant's permission.

5.04. Use of Tribal Newsletter. The Tribal Newsletter is published by the Tribal Government for the purpose of disseminating news and information concerning Tribal Government services, activities, minutes of Tribal Council meetings and other subdivisions of Tribal government, and state/national developments of general interest to Tribal members. Funding for publication of the Tribal Newsletter is derived from federal revenues and is supported equally by each Tribal program. The Tribal Council hereby establishes the following policy governing the use of the Tribal Newsletter in connection with the election of Tribal officials:

1. No letters expressing the opinions of commentary if Tribal members and employees concerning disputed legal, programmatic or political issues within the Tribal community or letters directly in support of, or opposition to, a specific person or candidate shall be accepted for publication from the date of enactment of Ordinance through the date the first election is concluded.
2. One edition of the Tribal Newsletter shall be devoted to the Tribal Election in advance of the Election Date. This publication shall include biographies, including any disclosures required by the Election Board, of each candidate for Tribal Council seats in each District and the Office of Tribal Ogema. The Final Election Announcement shall also be published in this edition. The Election Board shall approve the text of the biographies and disclosures for candidates prior to publication.

5.05. Campaign Financing by Non-Candidate Registrants. No person may expend money in support of or opposition to any candidate unless that person has first registered with the Election Board on forms provided by the Election Board for that purpose. Such Non-Candidate Registrants shall:

1. Comply with subsections 5.01 through 5.04.
2. May not expend more than $1,000.00 in cash during the election.
3. May not solicit or receive funds from other people or organizations for campaign purposes.
4. Must report his/her expenditures and campaign activities to the Election Board as provided in Section 5.07.
5. Only Tribal members may be Non-Candidate Registrants.
   

5.06. Campaign Financing by Candidates. A candidate may solicit funds or other contributions for his/her campaign provided:

1. Such solicitation or fund-raising activities comply with subsections 5.01 through 5.04.
   
2. A record of all contributions received is kept. Such record must contain information the person making the contribution, the date received and the amount or type of contribution made.
3. No contributions from non-Tribal members may be solicited or accepted unless received from members of the candidate's immediate family. Funds received from such family members may not be derived from other people or organizations.
4. Only individuals may make contributions to campaigns.
   
5. A record of all contributions received and expenditures must be reported to the Election Board on a monthly basis.

5.07. Reports of Campaign Finances and Activities. Each candidate and Non-Candidate Registrant shall report all campaign contributions and expenditures to the Election Board. Reports shall include all individual contributions, listing the name and address of persons making contributions and the amount contributed. The report shall also list all expenditures related to any campaign. Reports shall be submitted monthly by the fifteenth (15) day of each month of all activities during the preceding month. Final reports of contributions and expenditures shall be filed with the Election Board no later than the deadline set for contests relating to vote count. Failure of any candidate or Non-Candidate Registrant to file necessary report with the Election Board within the required tome shall result in a find of $10.00 per day. Any person submitting reports to the Election Board which are materially false or inaccurate may be fined up to $500.00 per occurrence.

5.08. Powers of Election Board.

1. The Election Board shall have the power to promulgate rules and procedures as may be necessary to implement and enforce the provisions of this Ordinance relating to campaigning and campaign financing.
2. The Election Board shall have the power to investigate campaign activities and allegations of violations of this Ordinance. This power shall include the power to issue subpoenas and cause them to be served and enforced, and the power to impound records or documents that will aid the Election Board in fulfilling its responsibilities. The conduct of such investigations shall accord the affected parties notice of issues being investigated and opportunity to respond to such inquiry, and to examine documents or witnesses presented to the Election Board. Any decisions or orders of the Election Board imposing any injunctive relief or any other sanction or penalty shall be in writing, which summarizes the grounds for such decision or order, and that the decision may be appealed to the Tribal Court.

Section 6. Severability.

6.01. If any section, subsection, paragraph, sentence or other portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall affect the validity of the this remaining portions thereof.

First Election Ordinance
Ordinance # 98-200-02
Adopted - August 10,1998
Updated: June 6, 2001(10:36am)

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Section 1. Purpose.

1.01. These procedures are adopted pursuant to Article IV, Section 7 of the Tribal Constitution and the Tribe's Plan for the Use and Distribution of the Little River Band of Ottawa Indians Judgment Funds, Dockets 18-E, 58 and 364 (known as the "80/20 Plan"), which has been adopted as a Tribal Ordinance. The purpose of these procedures is to clarify the process for implementing certain aspects of the 80/20 Plan and to establish procedures and forms for clarifying certain rights and responsibilities described in the 80/20 Plan.

Section 2. Disbursement of Funds.

2.01. Request for Disbursement. Upon receiving notice of the Effective Date of the Tribe's Plan for Use and Distribution of the Judgment Funds, the Chairperson/Speaker of the Tribal Council shall call a Special Meeting, if necessary, for the purpose of enacting a Resolution requesting the disbursement of the Tribe's share of the Judgment Funds by electronic transfer to the financial institution and account number specified in such resolution.

2.02. The Tribal Council Chairperson shall consult with the Office of Trust Management to prepare any documents necessary to complete the request for disbursement in advance of the Effective Date to expedite the completion of the disbursement.

Section 3. Establishment of Bank Accounts to Receive and Segregate Judgment Funds.

3.01. Primary Account. The Tribal Council shall establish a primary account with Huntington National Bank in Manistee, Michigan to receive 100% of the Tribe's share of the Judgment Funds as provided in Section 2.

3.02. Within 10 days after receipt of the Tribe's share of the Judgment Funds, the Tribal Council shall direct that the 20% share of Judgment Funds programmed for land acquisition purposes be deposited in Account No. 01182014764 at Huntington National Bank.

3.03. The 80% of the Tribe's share of the Judgment Funds remaining in the account established under Section 3.01 of these Procedures shall remain in such account for implementation of the per capita payment portion of the "80/20 Plan".

Section 4. Publication of Roll of Qualified Tribal Members.

4.01. The Tribal Registrar shall prepare a list of all Qualified Tribal Members eligible to receive a per capita share of the 80% of the Judgment Funds programmed for per capita payments. The list of Qualified Tribal Members shall be posted at the Tribal Offices and Community Center in Manistee and other suitable locations in Muskegon and Grand Rapids, Michigan.

4.02. The Tribal Registrar shall publish Notice of the availability of the list of Qualified Tribal Members in the Tribal Newsletter to permit any member to confirm that his/her name, or that of his/her children is on such list.

4.03. The Tribal Registrar shall also maintain a list of all Applicants whose applications for enrollment were submitted on or before January 30,1998, and whose applications are still pending.

4.04. The Tribal Registrar shall make every reasonable effort, consistent with the Tribe's Enrollment Ordinance, to make a final determination on all pending applications for enrollment, which are included on the list established in Section 4.03 of these Procedures, on or before October 30, 1998. Notice of this proposed deadline shall be sent to all applicants affected by this provision.

Section 5. Distribution of One Time Per Capita Payments.

5.01. The Tribal Registrar shall provide the Tribe's Controller with an up-to-date list of the names and addresses for each Qualified Tribal Member within seven (7) days after the Tribe receives notification that the Tribe's share of the judgment funds have been transferred to the account specified in Section 3.01 of these procedures. The Tribal Registrar shall also determine the total number of persons on the roll of Qualified Tribal Members and total number of applicants still pending on the roll prepared under Section 4.03 of these Procedures.

5.02. Following verification of the total number of persons on the roll of Qualified Tribal Members and applicants pending, the Tribal Controller shall calculate each qualified member's per capita share, based upon the amount of funds remaining in the Primary Account, following transfer of the 20% of the Judgment Funds programmed for land acquisition to account No. 01182014764.

5.03. The Tribal Controller shall notify the financial institution of the amount of each qualified members' per capita share and provide the financial institution with a list of the names, social security number, and date of birth for each Qualified Tribal Member. The list provided to the financial institution shall also specify the names, social security number, and date of birth for all Minor Qualified Tribal Members, Incompetent Qualified Tribal Members and Incarcerated Qualified Tribal Members for whom trust accounts are to be established.

5.04. As soon as practical, the per capita checks for all adult qualified tribal members, other than incompetent qualified Tribal members and incarcerated qualified tribal members shall be mailed to the last known address on file with the Tribal Registrar. The per capita share of each Qualified Tribal Member shall be determined by dividing the total amount of funds held in the Primary Account on the date per capita checks are issued, divided by the total number Qualified Tribal Members and applicants still pending from the list prepared under Section 4.03 of these Procedures. Any balance remaining in the Primary Account after the per capita checks are mailed to Qualified Tribal Members shall be distributed as provided in Section 3.02 of the "80/20 Plan" and in accordance with these Procedures.

5.05. The per capita shares for minor qualified tribal members, incompetent qualified Tribal members and incarcerated qualified tribal members shall be transferred to the appropriate trust account(s) established under Section 3.04 of the "80/20 Plan" and in accordance with the approved trust agreement providing for the establishment and administration of such accounts.

5.06. In the event that the per capita share check mailed to any qualified Tribal member is not delivered or received and is returned to the Tribal Offices, such member's per capita share shall be placed in an individual, interest-bearing interest account. Such member shall have 365 days from the date such account is established to claim his/her returned payment. The Tribal Registrar shall publish a list of all qualified tribal members, whose per capita payments are being held in escrow, each month in the Tribal Newsletter. If the returned per capita payments are not claimed within the 365 day period, the amount held in such escrow account shall revert to the Tribe and shall be transferred to the Reservation Restoration Trust Fund.

5.07. Per capita payments will only be mailed to the last known address for Tribal members. Tribal members must make their own arrangements if he/she wish to have his/her per capita payment forwarded to or managed by a third person.

5.08. Notice of Any Tax or Benefit Consequences. It is the Tribe's belief and position that the receipt of per capita shares by Tribal members does not constitute taxable income and that the receipt of per capita benefits may not be considered as income or a resource for purposes of determining such member's eligibility for any public assistance program or benefits. The Tribe shall make every reasonable effort to verify this position and shall provide members with written notice of any tax or benefit consequences at the time per capita shares are distributed to members.

5.09. Death of Qualified Tribal Member After Effective Date.

(a) In the event that a qualified tribal member should die after the Effective Date and prior to the date his/her per capita payment is distributed, that individual's payment shall be distributed to his/her heirs at law. The Tribal Registrar may request a copy of the individual's death certificate or other proof of the date of death to verify the individual's eligibility for a per capita share.

(b) If such individual had a will at the time of his/her death, such individual's heirs and the share each such heir is entitled to, shall be determined under that will.

(c) If such individual did not have a will at the time of his/her death, the individual's per capita share shall be distributed in equal shares to any surviving children, or, in the absence of surviving children, shall be distributed to any surviving spouse, or, in the absence of any surviving children or surviving spouse, in equal shares to any surviving parents, or, in the absence of any surviving children, surviving spouse, or surviving parents, in equal shares to any surviving siblings, or, in the absence of any surviving children, surviving spouse, or surviving siblings, shall revert to the Tribe. In all cases, an individual's heirs shall be determined by a court of competent jurisdiction.

(d) The Tribe shall hold such individual's per capita share in an interest bearing escrow account pending final determination of such person's heirs at law and each heir's share of such person's per capita share.

Section 6. Procedures for Release of Funds Held in Trust for Minors.

6.01. The per capita shares for any qualified tribal member who is under the age of 18 years as of the Effective Date of the plan shall be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

6.02. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the minors' trust accounts will be established, if different, with an up-to-date list of the name(s), address(es), date of birth and social security number(s) for all minor qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for parents and/or legal guardians for each minor for whom a trust account is being established.

6.03. It is the obligation of the parent(s) and/or legal guardians for each minor for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the minors' trust accounts of any address changes for each minor.

6.04. Release of Funds Prior to the Time a Minor Reaches the Age of 18.

1. The parent(s), legal guardian(s) or an emancipated minor may file a petition with the Tribal Court to request distributions from such minor's trust account prior to the time the minor reaches the age of 18.
2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information: (i) name, address, date of birth and social security number of minor involved; (ii) the name; address, relationship, and social security number of person making request; (iii) the reason justifying the request for a disbursement from the trust account (proposed use of the funds); (iv) the amount of money requested; and (v) any instructions for making the disbursement (i.e. who the money will be paid to, if known).
3. A minor's co-parent and the Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from a minor's trust account and may appear to object to any proposed disbursement. The Court shall also determine if a minor fifteen (15) years of age or older supports or objects to the proposed disbursement and the reason(s) for his/her support or objection.
4. It is the Tribal Council's intention that the release of funds from a minor's trust account, except in the case of emancipated minors, not be made to cover the everyday living expenses of the minor, which are the responsibility of the parent(s) or guardian(s). Requests for disbursements should generally be made for extraordinary expenses only. Nevertheless, the Tribal Council recognizes that parents or guardians may, on occasion, be faced with extraordinary circumstances that justify the release of funds to cover what, under normal circumstances, would be considered everyday living expenses. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
5. In all cases, the Tribal Court shall require the petitioning parent or legal guardian to provide an accounting and submit receipts for all expenditures made on behalf of the minor following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
6. In all cases in which the release of any portion of a minor's trust account is authorized, any funds remaining in such minor's trust account shall be transferred to an interest-bearing money account.

6.05. Release of Funds to Minors Upon Reaching the Age of 18.

1. The Tribal Registrar shall maintain a list of all minors reaching the age of 18 during each calendar month following the Effective Date.
2. Upon reaching the age of 18, a qualified Tribal member, whose per capita share is held in a trust account, may request that the Tribal Registrar release the funds held in his/her trust account. All requests shall be in writing.
3. Upon receiving a request for release of funds, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual. A list of all individuals requesting release of trust funds during any calendar month shall be maintained by the Tribal Registrar for approval at the next Tribal Council meeting.
4. Following approval by the Tribal Council, the Tribal Council Recorder/Secretary shall prepare a request for disbursement of such minor's trust account, including the per capita share and all earnings, to be forwarded to the financial institution serving as Trustee of the minor's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

Section 7. Procedure for Release of Funds Held in Trust for Legally Incompetent Adult Qualified Tribal Members.

7.01. The per capita shares for any qualified tribal member who has been declared incompetent by a court of competent jurisdiction may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts.

7.02. Limitation on Authority to Establish Trust Account Under these Procedures. Only qualified tribal members, who have not been declared incompetent by a court of competent jurisdiction and whose legal guardians have provided the Tribal Registrar with an approved Letter of Authority evidencing his/her guardianship, will have their per capita shares placed in trust pursuant to this Section. A qualified Tribal member who has a third person managing his/her finances under any other legal arrangement, such as Social Security Payees, may arrange to have his/her per capita funds transferred to a managed account or managed by such third person; however, in the absence of a court-approved Letter of Authority designating a third person as legal guardian, individuals must make their own arrangements to have per capita funds managed by a third person and these individual's per capita share will be mailed directly to that him/her in accordance with Section 4 of these procedures.

7.03. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the incompetent qualified Tribal members' trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incompetent qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the legal guardians for each incompetent person for whom a trust account is being established.

7.04. It is the obligation of the legal guardians for each incompetent person for whom a trust account is established to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the trust accounts of any address changes for each incompetent person.

7.05. Release of Funds for the Benefit of Incompetent Qualified Tribal Members.

1. The legal guardian of an incompetent person may file a petition with the Tribal Court to request distributions from such person's trust account for the incompetent individual's health, welfare or economic security.
2. The petition filed by any such person may be in any form, but shall contain, at a minimum, the following information:
   1. name, address, date of birth and social security number of incompetent member involved; (ii) the name, address, relationship, and social security number of person making request;
   2. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
   3. the amount of money requested; and
      
   4. any instructions for making the disbursement (i.e. who the money will be paid to, if known).
3. The Tribal Prosecutor shall receive notice of any petitions requesting the release of funds from an incompetent individual's trust account and may appear to object to any proposed disbursement.
4. The Tribal Court may, upon the request of the guardian, enter an order authorizing a regular monthly distribution to the guardian, or any other appropriate individual or entity, from the trust for the benefit of the beneficiary.
5. In all cases, the Tribal Court shall require the petitioning legal guardian provide an accounting and submit receipts for all expenditures made on behalf of the incompetent person following any distributions from the trust.
6. In all cases in which the release of any portion of an incompetent member's trust account is authorized, any funds remaining in such incompetent member's trust account shall be transferred to an interest-bearing money account.

Section 8. Procedure for Release of Funds Held in Trust for Incarcerated Qualified Tribal Members.

8.01. Purpose of Trust Accounts. The per capita shares for any incarcerated qualified tribal member may be placed in a trust account in accordance with Section 3.04 of the "80/20 Plan" and the terms of the approved trust agreement establishing such accounts. The purpose of these trust accounts is to protect and preserve incarcerated member's per capita funds and ensure that these funds are available to assist the incarcerated member support his/her family during his/her incarceration and/or to assist the incarcerated member following his/her release from confinement.

8.02. Eligibility; Election to Utilize Trust Account.

1. Only those incarcerated qualified Tribal members who request and complete a General Durable Power of Attorney Form, Attachment A to these Procedures, will be eligible to have his/her per capita share placed in a trust account.
2. Execution of the General Durable Power of Attorney Form results in the designation of a person to serve as an incarcerated individual's "attorney-in-fact", which authorizes that person to manage the incarcerated person's affairs, including his/her per capita funds. Incarcerated persons and their family members are advised to read the Power of Attorney Form and, if necessary, to consult with independent legal counsel concerning this Form.
3. An incarcerated individual may designate any competent, adult person, including the Tribal Prosecutor, to serve as his/her attorney-in-fact.
   
4. All incarcerated qualified members, who have notified the Tribal Registrar of his/her incarceration, or whose incarceration is known to the Tribal Registrar, shall be mailed a General Durable Power of Attorney, together with a copy of these Procedures.

8.03. Termination of Power of Attorney.

1. The Power of Attorney Form provides that the designation of an attorney-in-fact continues until the incarcerated individual is released from confinement and provides a notice of termination, which is provided to the Tribal Registrar.
2. An incarcerated individual may, during the term of his/her incarceration, may terminate a Durable Power of Attorney by providing written notice revoking the Power of Attorney, which is filed with the Tribal Registrar and the Tribal Court. The notice of revocation shall include the incarcerated individual's name, social security number, place of incarceration, and the name of the attorney-in-fact.

8.04. The Tribal Registrar and Tribal Controller shall provide Huntington National Bank and the financial institution in which the individual trust accounts will be established, if different, with an up-to-date list of the name(s), address(Es), date of birth and social security number(s) for all incarcerated qualified tribal members. The Tribal Registrar shall also establish and maintain a list of the name(s), social security number(s) and addresses for the attorneys-in-fact designated by each incarcerated member for whom a trust account is being established.

8.05. It is the obligation of the incarcerated individual and his/her attorney-in-fact to notify the Tribal Registrar of any change in address. The Tribal Registrar shall notify the financial institution administering the incarcerated person's trust accounts of any address changes for each person.

8.06. Release of Funds Prior to the Time an Incarcerated Member is Released from Confinement.

1. The attorney-in-fact may file a petition with the Tribal Court to request distributions from an incarcerated qualified member's trust account prior to the time he/she is released from confinement.
2. The petition may be filed by the attorney-in-fact be in any form, but should contain, at a minimum, the following information:
   1. name, address, projected release date and social security number of the incarcerated member involved;
   2. the name, address, relationship, and social security number of person making request;
      
   3. the reason justifying the request for a disbursement from the trust account (proposed use of the funds);
   4. the amount of money requested; and
      
   5. any instructions for making the disbursement (i.e. who the money will be paid to, if known). In most cases, written confirmation of the incarcerated individual's support should be attached to the petition.
3. In accordance with Section 3.07 of the "80/20 Plan", requests for the release of funds from an incarcerated member's trust account should only be authorized to cover extraordinary expenses necessary for the incarcerated person's health, welfare or economic security. Expenses may also be authorized for the support, maintenance or education of the incarcerated individual's family. The determination as to whether a particular release of funds will be determined on a case-by-case basis and left to the discretion of the Tribal Court.
4. The Tribal Court may, upon the request of the attorney-in-fact, enter an order authorizing a regular monthly distribution to beneficiary, or any other appropriate individual or entity, from the trust.
5. In all cases, the Tribal Court shall require the petitioning attorney-in-fact to provide an accounting and submit receipts for all expenditures made on behalf of the incarcerated individual following any distributions from the trust. The failure to comply with this requirement may be used to deny future requests for disbursements.
6. In all cases in which the release of any portion of an incarcerated member's trust account is authorized, any funds remaining in such incarcerated member's trust account shall be transferred to an interest-bearing money account.

8.07. Release of Funds to Incarcerated Individual Upon Release from Confinement or Termination of Power
of Attorney.

1. Upon being released from confinement, an incarcerated individual, whose per capita share is held in a trust account, may file a notice of termination of the Power of Attorney with the Tribal Registrar. The notice of termination must made be in writing or in person.
2. Upon receiving a request for termination of the Power of Attorney, the Tribal Registrar shall verify the identity, current address, age and social security number for the individual.
3. Upon receiving a verified notice terminating a Power of Attorney under this Section or under Section 8.03, the Tribal Registrar shall prepare a Notice of Termination and Request for Disbursement to be forwarded to the financial institution serving as Trustee of the incarcerated individual's account. The bank shall be directed to disburse funds held in that account to the individual by mailing a check to the individual's verified address.

Section 9. Involuntary Transfers Prohibited.

9.01. Neither trust income nor principal nor any beneficiary's interest therein shall be subject to alienation, assignment, encumbrance or anticipation by the beneficiary; to garnishment, attachment, execution or bankruptcy proceedings; to claims for spousal maintenance, child support or an equitable division of property incident to the dissolution of marriage; to any other claims of any creditor or other person against the beneficiary; or to any other transfer, voluntary or involuntary, by or from any beneficiary.

Section 10. Severability.

10.01. If any section, or any part of any section, of this Ordinance or the application of this Ordinance to any party, person or entity or in any circumstances shall be held invalid for any reason whatsoever by a court of competent jurisdiction, the remainder of the section or part of this Ordinance shall not be affected thereby and shall remain in full force and effect as though no section or part has been declared to be invalid.

Section 11. No Waiver of Sovereign Immunity.

11.01. Nothing in this Ordinance shall provide or be interpreted to provide a waiver of the sovereign immunity from suit for damages of the Little River Band of Ottawa or any of its governmental officers and/or agents.

Judgement Fund Procedures Ordinance
Ordinance # 98-200-04
Adopted - November 8,1998
Updated: June 6, 2001(10:36am)

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