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Little River Band of Ottawa Indians, Ordinances and Regulations

Amended: June 6, 2001


Chapter R100 - Government Operations


COMMITTEE PROCEDURES POLICY

Section 1. Purpose and Definitions

  1. Purpose. The Tribal Council shall establish Tribal Committees, as needed, in areas of governance and development. The Committees shall be composed of Tribal members and other interested persons who shall meet and discuss specific issues in order to provide information to the Tribal Council so that the Council can make better informed decisions that affect the Tribal community. In furtherance of this purpose, this Policy will provide rules for the organization, functions, responsibilities, and requirements of Tribal Committees.
  2. Definitions. As used in this Policy:
    1. Standing Committee. A Tribal Committee mandated or implied in the Little River Band of Ottawa Indians Constitution or so designated by the Tribal Council resolution. A Standing Committee's functions continue from year to year by virtue of continuing tasks and functions.
    2. Program Committee. A Tribal Committee that is authorized by Tribal Council resolution due to a state or federal grant or contract requirement. A Program Committee shall exist for the term of the underlying program's grant or contract.
    3. Ad Hoc Committee. A Tribal Committee authorized by the Tribal Council for a special or singular purpose that shall dissolve upon the solution of a specific problem or performance of a project. An Ad Hoc Committee shall exist only for as long as necessary to complete their assigned task, or as determined by Tribal Council resolution that created the Ad Hoc Committee.
    4. Staff Member. An Employee of the Little River Band Tribal Government.
    5. Staff Liaison. An Employee of the Little River Band Tribal Government whose employment is directly related to a Tribal Committee.
    6. Family Member. For purposes of this Policy, a family member is considered:
      1. any person who lives in the same household regardless of their relationship to each other, or
      2. any person who is related in the following manner: father, mother, child (brother or sister), grandparents, and great-grandparents.
    7. Committee Member. A voting member of the Committee.
    8. Management Team. The Management Team includes, but is not limited to, the Tribal Chairperson and staff who have supervisory responsibility.
    9. Subcommittee. A subcommittee is a part of the Committee that is selected to complete a task for the Committee. If the subcommittee is made up of non-Committee members, they do not have voting power.
    10. Commission. Contrary to Committees, Commissions may be vested with certain governing or regulatory powers and duties. Commissions are created and their authority is defined by Tribal Council Ordinance.


Section 2. Committee Composition

The purpose of a Committee is to provide specialized skills and input from members of the Little River Band of Ottawa Indians and other interested persons as designated by the Tribal Council when, and only when, there is a need for such input. To acquire diversified input and to ensure an effective Committee operation the following guidelines shall be met.

  1. Voting Members of Tribal Committees
    1. Each Committee shall have five voting members unless otherwise determined by Tribal Council.
    2. No Committee shall have more than two family members as voting members.
    3. Each Committee shall include at least two persons outside of the current service area (Manistee, Mason., Wexford, or Lake Counties).
  2. Non-Voting Members of Tribal Committees
    1. In addition to its voting members, the Committee Meetings shall be open to the public (unless otherwise exempted under Section 5B) and may include participants that are not members of the Little River Band of Ottawa Indians. None of these persons will have the ability to vote.
  3. Tribal Committee Positions
    1. Tribal Council Contact Person. The Tribal Council shall appoint one of its members as a contact person to each Committee.
    2. Staff Liaison. In addition to its five voting members, each Committee shall have one staff member
      who will be appointed by the Tribal Manager to be the staff liaison and participate in all Committee
      meetings, but will not have the ability to vote.
    3. Chairperson. Each Committee shall have a Chairperson who will be elected by the Committee.
    4. Secretary. Each Committee shall have a Secretary who will be elected by the Committee.
  4. Vacancies. The Chairperson will notify the Tribal Manager when a voting member of the Committee is no longer able to serve on it. Notice of vacancies must be advertised in the Tribal newsletter and by posting the notice in Tribal buildings. Candidates for the vacancies may be solicited by Committee Members or Tribal Council. No person may serve as a voting member of the Committee until such appointment is made by the Tribal Council.
  5. Removal. A Committee Member may be removed from a Committee for the following reasons:
    1. upon recommendation of the Committee and approval by Council after a Member has been absent more than two unexcused times; or
    2. for any violation of any section of this Policy.
  6. Appointments. Within 30 days after the Committee recommends a new voting member, the Council must decide whether to appoint or decline the recommendation. Members of all Committees shall serve for a period of two years, or until the Committee expires, whichever occurs first.


Section 3. Functions of Tribal Committees

  1. Work Plan and Budget. Tribal Committees shall work with the Management Team in order to develop and submit a written charter establishing a Work Plan which includes goals, objectives, projected dates of completion for those tasks, frequency of reports that are to be written and submitted to Tribal Council via the Management Team, frequency of meetings with Chairperson and Management Team, and a budget within 60 days of creation of the Committee. Upon its completion, the Work Plan will be submitted to Tribal Council for its approval. After final acceptance of these documents by the Council, copies shall be furnished to the Tribal Secretary, the program and the Tribal Manager. After the Committee Work Plan has been accepted and approved, the Committee shall not address any other issues than what is specified in the Work Plan without Tribal Council's approval. Failure to establish a Work Plan and Budget is grounds for removal of one or all of the voting Committee members.
  2. Requirements of Committee Meetings
    1. Quorum - A quorum is necessary in order for the Committee meeting to proceed. At least 3 out of the 5 voting members need to be present in order to hold the meeting.
    2. Proxy Voting - If a Committee decides that it wants to adopt voting by proxy, it will address it in their Work Plan. The suggested guidelines for proxy voting are as follows: if a voting Committee member is unable to attend a Committee meeting, that person will contact another voting member of that specific Committee and ask the person to vote on his/her behalf. If a person is absent 2 or more consecutive times and has not delegated his/her proxy to another voting member, then he/she may be removed from the Committee.
    3. Election and Term of Office - The Secretary and Chairperson shall be elected by a majority vote of the voting Committee members and shall serve for a period of two years. If the member is unable to serve the term another person will be elected to complete the remainder of the two year term. At any time during the appointment, the person can resign form the Secretary position and may continue to remain a member of the Committee. The Staff Liaison may be appointed to serve as the Committee Secretary. The Staff Liaison may decline the appointment if the person feels that she/he would be unable to fulfill the responsibilities of the position.
    4. Chairperson's Duties - Each Chairperson shall run the meetings in accordance with their Work Plan's rules of procedure and this Policy. Of the Chairperson is unable to attend, he/she shall ask a voting member (a person other than the Secretary) to conduct the meeting. The Chairperson will also be responsible to:
      1. to contact the Tribal Council contact person on a regular basis and keep the person informed about the meetings;
      2. to complete and present reports to the Management Team as determined by the Committee's Work Plan and the Tribal Council as necessary; and
      3. to sign all letters, reports and other Committee papers as required.
    5. Secretary's Duties - The Secretary of each Tribal Committee shall take the minutes of the meetings, regular, special and emergency in compliance with Exhibit "A" of this policy. The Secretary shall provide these minutes to each voting Committee member within seven days prior to their next meeting. At the beginning of the meeting, the previous meeting's minutes will be reviewed and changed, if necessary, and them approved by the voting Committee members. After these minutes have been approved, the Secretary shall provide a copy of the minutes to the Tribal Council and Management Team. The Secretary is also responsible for:
      1. posting all notices of Committee meetings to the public in conformity with Section 5A of this Policy;
      2. posting the approved Work Plan and Budget in the Tribal Office;
      3. being the custodian of the Committee records and filing them in compliance with Section 4E of this Policy; and
      4. keeping a list of the address and phone number or each Committee Member.
    6. Staff Liaison's Duties - The Staff Liaison will report to the Tribal Committee concerning the operations of the Department or Program, if applicable. The Staff Liaison does not have voting power on the Committee. The Committee can use the Staff Liaison's information in compiling data and other recommendations to Tribal Council.
    7. Reports - Committees shall submit approved meeting minutes and a written report to the Management Team two weeks prior to a Tribal Council meeting. The written reports will be generated as frequently as the Committee's Work Plan requires and shall identify issues, problems, recommendations, and activities, and explain how these topics relate tot he goals and objectives of the Work Plan. The Management Team will review these documents and schedule appropriate time for the discussion on the Council's agenda. If the Committee fails to submit this information to the Management Team in accordance with this rule, Tribal Council will not entertain discussion on the topic unless it deems it an emergency.
  3. Responsibility of Tribal Committees. Tribal Committees shall have only such responsibility as may be delegated to it in writing by the Tribal Council. Tribal Committees shall comply with all provisions of the Committees Procedures Policy unless specifically exempted in writing by the Tribal Council. Committees cannot obligate the Tribe, approve any type of spending on behalf of the Tribe or the Committee, or make policy or law unless authorized specifically in writing by the Tribal Council. The Tribal Committee will not exercise any supervision or provide directions to any Staff Liaison or other departmental or program staff, unless specified in the Work Plan and Budget. If the Committee is dissatisfied with the operations of the Department or Program, they must address their concerns in writing to the Management Team.
  4. Responsibility of the Tribal Council Contact Person. The Tribal Council contact person and Committee Chairperson are responsible to communicate with each other at least one time per month to discuss the general operation of the Committee meetings. The Tribal Council contact person has a duty to inform the Tribal Council of any problems that he/she feels need to be addressed by the Council.
  5. Filing. The Secretaries of each Tribal Committee and of the Tribal Council shall keep an individual file of each Committee which includes a chronological filing system of each Committee's Work Plan, minutes, and any other information that pertains to the Committee. All materials, including but not limited to, the Committee's Work Plan and minutes, are the property of the Tribe. Any person who has any of this property shall surrender it to the Tribe upon demand or face prosecution.


Section 4. Staff Participation

  1. Staff members whose work is directly related to the work of a Committee may be given release tome to attend Committee meetings during working hours, with the prior approval of their supervisor or the Tribal Manager.
  2. Staff members whose attendance is required by his supervisor to be at Committee meetings before or after work hours may accrue up to two hours of compensation time for each meeting attended. This allowance does not apply to staff who are voluntary members of Committees.
  3. Staff members are assigned by the Tribal Manager to serve as a Liaison and cannot be assigned to more than one Committee.
  4. Staff members cannot serve as voting member of more than one Committee.


Section 5. Open Meetings and Access to Records

  1. Committees shall publish a schedule of all regular meeting dates, times and locations in the Tribal newsletter and post this information in all Tribal buildings, sufficiently in advance to encourage attendance.
  2. Committee meetings and records shall be open to the public, except in matters involving Indian Child Welfare cases, personnel issues, legal cases or matters that my involve or result in litigation, or other matters of confidentiality.
  3. All records including, but not limited to, Committee meeting minutes and Work Plans are the property of the Tribe.
  4. Subject to any express limitations contained in the Little River Band of Ottawa Indians Constitution and the laws of the United States, members of the Tribe shall be provided access to review the records of Tribal Committees, including, but not limited to, meeting minutes, and the Work Plan and Budget, provided that such review shall be conducted during normal office hours.


Section 6. Spending Authority and Compensation for Committee Members

  1. Committee Members may receive stipends for attending regularly scheduled Committee meetings if authorized by Tribal Council.
  2. When travel is necessary for Committee Members in order to attend meetings or for Committee related training it must be approved in advance by the Tribal Manager. Members shall be compensated when authorized for per diem and mileage according to the Travel Policy adopted by the Tribal Council.
  3. At the discretion of the Tribal Council, a Tribal Committee may be allocated a budget. All expenditures must be made in accordance with the Committee's Work Plan and approved in advance by the Tribal Manager.


Exhibit A
Recording of Minutes

  1. Introduction. The actions taken by a Tribal Committee at its meeting - annual, regular, or special - are governed by Tribal law. The minutes of such meetings are the permanent record of the actions of the Tribal Committee, and for this reason, they should be made in such a way that they are legally sufficient and serve as a permanent reference for the Tribal Committee and for others concerned with such actions. The original copy of the these minutes should be bound in some form of permanent binding and maintained in compliance with the Committee Procedures Policy.
  2. Heading of Minutes. Minutes should be headed for ready reference and identification in capital letters and blocked in the upper right hand corner of each page. For example:
                                            COMMITTEE
    MINUTES OF FEBRUARY 23,1997.
  3. Opening Paragraphs.
    1. The opening paragraph of the minutes should reflect
      (1) the type of meeting,
      (2) the name of the Tribal Committee,
      (3) the date it was held,
      (4) the time of day it was held, and
      (5) the place it was held.

      For example:
      A regular meeting of the Committee was held on April 4,1997 at 1:00 p.m. at the Little River Band Office on River Street in Manistee.
    2. The opening paragraph should be followed by a statement showing the Committee members and other present at the meeting by listing all of the Committee members and their respective Committee titles, the members that are absent; and a list of all others who are present.
      For example:
      The meeting was called to order by Chairman Red, and the following Tribal Committee members were present: Secretary White, Committee Members Green, Brown and Yellow. Absent were: None. The following also were present: H.L. Back, Executive Director, and R.L. Purple, Tribal member.
  4. Approval of Minutes of Previous Meeting. The next step should be the recording of the reading by the members and approval of the minutes of the previous meeting. For example: The minutes of the previous meeting were read by Committee members and were approved without objection and placed on file as presented.
  5. Resolutions and Motions.
    1. After the preliminaries set forth above, the actual business of the meeting should be recorded.
    2. Taking minutes of the meeting should be simple and straight forward. A brief statement that explains the pros and cons of an issue should be placed in the meeting minutes followed by a vote on the issues unless a Committee member wants a specific opinion placed in the minutes, but in general this should be dissuaded. For example:
              Meeting Rules - Members discussed what types of rules to conduct meetings should be adopted. Several procedures, including Robert's Rules of Order were discussed. Concerns addressing the adoption of these rules included the need to adopt a native democratic procedure.
             After discussion, Committee Member white moved that the Resolution be adopted as introduced and read. The motion was seconded by Committee Member Green and on roll call       it was adopted with the following vote:
             In favor: Committee Members Red, Brown, Green and White.
             Opposed: None.
             The Chairman thereupon declared the motion carried and the Resolution was adopted.
    3. In order to reduce the amount of typing required to prepare minutes, it is suggested that documents be incorporated in the minutes by reference and by attachment as appendices.
    4. Actions of the Tribal Committee requiring approval by the Tribal Council before the action becomes effective should be recorded by showing that the action does not become effective until it is approved by the Tribal Council. This may be done in one of several ways. The motion or resolution may be prefaced with the words "Upon approval by the Tribal Council," of if Tribal Council has previously approved of the suggested action and placed its approval in writing, then the minutes should reflect that the Tribal Committee had knowledge that such written approval by the Council had been given.
  6. Closing.
         a. Closing of the meeting may be recorded as follows:
    There being no further business to come before the meeting, it was moved, seconded, and carried that the meeting adjourn.
    The Chairman thereupon declared the meeting adjourned.


TRIBAL COUNCIL PROCEDURES

Removal Rules and Procedures: Appointed Boards, Committees and Commissions


Section 1. Purpose.

1.01. The purpose of these Removal Hearing Rules and Procedures is to set forth clear processes for receiving requests for removal of members of boards, committees and commissions by entities of the Little River Band of Ottawa Indians created by ordinance, resolution or motion of the Tribal Council.

1.02. The Tribal Council has determined that processes for hearing procedures must include notice and opportunity to be heard in accordance with the Constitution of the Little River Band of Ottawa Indians, Article III, sec. l (h and i).


Section 2. Findings.

The Tribal Council finds that:

2.01. The Tribal Council has a responsibility to promulgate rules of procedure for meetings of the Tribal Council under Article IV, sec. 6(e) of the Constitution of the Little River Band of Ottawa Indians.

2.02. In accordance with charters and ordinances duly adopted by the Tribal Council, the Tribal Council is required to act as a hearing body in the event a member of an appointed board, committee or commission of the Little River Band of Ottawa Indians is recommended for removal.

2.03. There is a need to develop and promulgate procedures which allow for notice and due process in regard to hearing procedures.


Section 3. Definitions.

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

3.01. Entity means a board, committee or commission of the Little River Band of Ottawa Indians which is created by the Tribal Council and whose members are appointed by the Tribal Council. This term does not include the Election Board.

3.02. Removal hearing means a meeting of the Tribal Council during which the member being requested to be removed and the entity requesting removal present the evidence and testimony regarding the matter to the Tribal Council.

3.03. Member means the individual holding an appointed position on an entity for which a request for removal has been presented.


Section 4. Actions by Entity.

4.01. Action. An entity may request a member be removed only by approval of a motion adopting a resolution or memorandum outlining the reasons for removal with specificity. The action shall be by two-thirds vote of the members of the entity present at a meeting during which a quorum is present.

4.02. Resolution or Memorandum. A resolution or memorandum requesting removal of a member shall be forwarded to all members of the entity at least five days prior to the meeting of the entity and shall set forth the allegations calling for removal with specificity such that the member has received notice of the action being taken against him or her.

4.03. Author. All resolutions or memorandum requesting removal must be authored by a member or members of the entity.


Section 5. Hearing Date.

5.01. Determination. The Tribal Council, upon receipt of a request for removal, shall determine on the evidence and allegations presented whether a removal hearing is required. A motion to accept or reject a request for removal shall be made and adopted by majority vote of the Tribal Council members present at a meeting where a quorum is met.

5.02. Date Selection. The Tribal Council may determine the removal hearing date at a meeting following receipt of a request for removal. The meeting may be a regular, special or emergency meeting called for the purpose of selecting the removal hearing date. Provided that, if time allows at the meeting during which the request for removal was presented, the Tribal Council may select the removal hearing date at that meeting. The removal hearing date shall be set by motion, which shall include the date, time and place of the removal hearing, and shall identify that this is a special meeting of the Tribal Council with no other items on the agenda.

5.03. Time. The Tribal Council should allow for sufficient scheduled time to complete the removal hearing in a single meeting. Provided that, in the interests of due process, additional time may be granted to either the entity or the member being removed to allow for the presentation of additional materials which were not readily or reasonably available prior to the hearing. In no case shall additional evidence or material be presented after completion of the hearing.

5.04. Agenda. The Tribal Council shall title the agenda as - "Tribal Council Special Meeting Agenda: Removal Hearing Regarding [Name of Entity]." There shall be no other items placed on the agenda of a removal hearing meeting.

5.05. Conflict of Interest. Each Tribal Council member shall identify whether he or she has a conflict of interest as defined in Article IV, section 6(f)(2) of the Constitution and a vote on whether the conflict of interest will preclude the Tribal Council member from voting on the removal request shall be conducted as set forth in Article IV, section 6(f)(4) of the Constitution.


Section 6. Notice.

6.01. General. Notice shall be defined as a document signed by the Tribal Council Speaker which contains the following elements as minimum criteria:

  1. Name of member being requested to be removed;
  2. Name of entity requesting the Tribal Council to take removal action;
  3. Date identified for the removal hearing, which shall include both time and place of the removal hearing;
  4. Identification of representatives of the Tribal Council and the entity to which documents or correspondence can be delivered; and
  5. Copy of the request for removal, whether by resolution or memorandum, outlining the reasons for removal which is signed by either the members of the entity or certified by the member of the entity acting as secretary and/or chairperson.

6.02. Delivery of Notice. Notice shall be delivered to the last known address of the member at least ten days prior to the removal hearing. Notice may be delivered by any of the following methods, provided that delivery by hand or certified mail is preferred.

  1. Hand delivery with signed receipt to the member or an individual who is part of the immediate family of the member provided that the family member is age 18 or over;
  2. Certified mail, return receipt requested; or
  3. Posting in the Tribal newspaper or newsletter stating the place and times such notice can be picked up by a member in the event no address or forwarding address is available for the member. Provided that, in no event shall such notice state any information other than -
    "This is legal notice of a hearing scheduled regarding [entity name] and [member's name] which requires both parties to appear at [date, time and place]. [Member's name] can pick up official notice of this hearing by appearing at [address] between [set time]."

    This notice must appear in the Tribal newspaper or newsletter, in the advertisement section, if any, and contain the title "Legal Notice of Hearing" in bold and capital letters fourteen (14) days prior to any scheduled hearing. Posting in the Tribal newspaper or newsletter shall be considered only after attempts have been made to hand deliver or mail notice certified mail, return receipt requested.

6.03. Legal Counsel. Both the entity and the member being requested for removal may have legal counsel present, provided that costs of legal counsel shall be the responsibility of the entity or member.

6.04. Representatives. The following representatives shall be identified prior to the removal hearing.

  1. The Tribal Council shall select from among themselves a member to act as the representative of the Tribal Council for the purposes of receiving verification of notice, evidence submitted by the parties, and any other documents specifically related to the removal hearing.
  2. The entity shall notify the Tribal Council of the member of the entity selected to be the representative for the entity, for the purposes of receiving verification of notice, evidence submitted by the parties, and any other documents specifically related to the removal hearing. The representative of the entity shall also have the responsibility for presentation of allegations and witnesses during the removal hearing unless legal counsel is identified.


Section 7. Hearing Procedures.

7.01. Closed Hearing. A removal hearing shall be considered at a closed meeting of the Tribal Council unless specifically requested otherwise by the member being removed. Such request for an open meeting shall be made in writing by the member to Tribal Council.

7.02. Presentations. The removal hearing shall begin by the Tribal Council representative reading the following notice.
        The Tribal Council is called into a special meeting to hear the allegations regarding a request for removal presented by [name of entity] on [date] at a Tribal Council meeting to remove [name] as a member of [name of entity]. The Tribal Council members present this day are [list names] and
       either - the following Tribal Council members are excused from this meeting as a result of conflict of interest - [names].
       or - there are no Tribal Council members excused from this meeting as a result of a conflict of interest.
       The Tribal Council shall hear the allegations, receive evidence and testimony from the representative of the [name of entity]. The Tribal Council shall then receive evidence and testimony from [name]. During all presentations, the Tribal Council shall be free, by any of its members, to ask questions. There shall be no rebuttal or response time allowed, unless in the interests of due process and justice such rebuttal or response is deemed necessary by the Tribal Council.
       This hearing shall be recorded, and all persons giving testimony, and Tribal Council members asking questions, shall pause, or repeat his or her questions and/or answers in the event the tape recording is being switched or another tape is being inserted.
       Tribal Council members, representatives, members of entities, witnesses, and all other persons are hereby directed to hold all comments during this hearing and request permission of the Tribal Council Speaker prior to asking or responding to questions.

7.03. Testimony. The testimony and evidence presented at the removal hearing shall be presented first by the entity requesting removal and then followed by the member. There shall be no rebuttal or response time allowed, unless in the interests of due process and justice such rebuttal or response is deemed necessary by the Tribal Council.

7.04. Evidence. All evidence shall be submitted to the Tribal Council representative.

  1. Submission prior to meeting. If evidence is submitted prior to the removal hearing, the Tribal Council representative shall have copies available for each member of the Tribal Council, the representative for the entity, and the member. The originals of such prior submitted evidence shall be considered a part of the official record.
  2. Submission at removal hearing. If evidence is submitted at the removal hearing the party submitting such evidence shall submit:
    1. An original and nine (9) copies for the Tribal Council;
    2. A copy for the representative of the entity; and
    3. A copy for the member.

    Such submission shall be made to the Tribal Council representative prior to discussion regarding the evidence, and all parties will make every attempt to have evidence submitted at the beginning of the removal hearing.

7.05. Witnesses. The representative for the entity and the member shall submit, at the beginning of the removal hearing, a list of witnesses that are intended to be presented. Provided that, in the interests of due process and justice, the Tribal Council may determine that additional witnesses can or should be called after submission of the witness list.


Section 8. Findings and Decision

8.01. Deliberations. The deliberations of the Tribal Council shall be in closed session and shall not be recorded. The Tribal Council shall have ten (10) calendar days after completion of the removal hearing to complete deliberations and file a written decision.

8.02. Decision. The Tribal Council shall file a written decision which shall contain the following minimum information.

  1. Title, which includes - "Tribal Council Special Meeting: Removal Hearing Regarding [name of entity] held on [date] - Decision."
  2. Facts set forth with sufficient specificity so as to identify the allegations, evidence, and determination of the Tribal Council regarding the validity of the allegations.
  3. Decision of the Tribal Council which states clearly the decision to remove or to not remove a member,
  4. The decision shall indicate the votes of each Tribal Council member by signature and either a separation into votes for and against removal, or by indication of such motion next to each signature. Provided that, a notation regarding any Tribal Council member who has been excused under section 5.05 be included.

8.03. Filing and Presentation of Decision. The decision shall be considered filed when received by the Tribal Council representative. Upon receipt, the Tribal Council representative shall mail by certified return receipt requested service, a copy of the decision to the member and the representative of the entity.


Section 9. Vote.

The Tribal Council shall be required to pass any decision to remove a member of an entity by two thirds vote of the Tribal Council members, not including those members who have been excused under section 5.05.


Section 10. Temporary Removal.

10.01. Temporary Removal. The Tribal Council may, at the request of an entity or upon its own motion, remove a member of the entity immediately on a temporary basis should evidence identify that this action is required to protect the health, safety, property or business interests of the Little River Band, entity, membership or community.

10.02. Request Requirements. A request for temporary removal must be made as a part of a request for removal, or upon motion of the Tribal Council, and shall be at the sole determination of the Tribal Council on the basis of the information submitted.

10.03. Voting. The Tribal Council must pass a motion identifying the reasons why immediate temporary removal is necessary by a two-thirds vote of the members present.

10.04. Notice, No Removal Hearing Date Set. The Tribal Council shall mail notice to the member being immediately and temporarily removed which contains the following minimum information:

  1. Date and type of meeting during which the action of the Tribal Council directing immediate and temporary removal was taken, i.e. regular, special or emergency meeting.
  2. List or other summary of the reasons for taking the action.
  3. Notice that the Tribal Council will be setting the date, time, and place of the removal hearing at a subsequent meeting and shall forward notice as identified in section 6.

10.05. Notice, Removal Hearing Date Set. In the event that the Tribal Council sets the removal hearing date at the meeting during which immediate and temporary removal action was taken, notice as set forth in section 6 shall be forwarded which shall also include the following statement: The Tribal Council, on [date], received a request for removal regarding your membership on [entity name] and has taken action on that date to direct your immediate and temporary removal from membership on [entity name].


Tribal Council Procedures: Removal Rules and Procedures: Boards, Committees and Commissions
 Ordinance # 00-100-04
 November 16, 2000 - Final Draft for Approval
Updated: June 6, 2001 (10:14am)

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