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Little Traverse Bay Bands of Odawa Indians - Constitution
Title 1 of the Waganakising Odawa Tribal Code

Adopted: February 1, 2005
Table of Contents Updated: September 2014



View the full text of the Constitution (pdf format).

See also: Constitution submitted for final request for Secretarial Election by Resolution 110203-02 (pdf format).

Table of Contents

PREAMBLE
ARTICLE I. RESERVED RIGHTS OF TRIBAL MEMBERSHIP

A. Purpose
B. Directive Principles
C. Annual Meeting
D. Quorum
E. Conduct of Tribal Membership Meetings
F. Special Meetings of the Tribal Membership
G. Right to Legal Representation
H. Duties and Functions Reserved by the Tribal Membership
ARTICLE II. INDIVIDUAL RIGHTS
ARTICLE III. DEFINITIONS

A. Adult
B. Anishinaabemowin
C. Federal
D. Felony
E. Immediate Family
F. Minor
G. Odawa (singular, “Ottawa” in English), Odawak (plural)
H. Reservation
ARTICLE IV. TERRITORY, JURISDICTION, LANGUAGE, & SERVICE AREA
A. Territory
B. Jurisdiction
C. Language
D. Service Area
ARTICLE V. MEMBERSHIP
A. Requirements
B. Adoption
C. Dual Membership Prohibition
D. Relinquishment of Membership
E. Minor Re-Enrollment
F. Re-Enrollment
G. Membership Roll
H. Disenrollment
I. Membership Statute
ARTICLE VI. ORGANIZATION OF THE GOVERNMENT
A. Purpose, Fundamental Rights
B. Branches of Government
C. Delegation of Authority
D. Separation of Functions
E. Supremacy Clause
ARTICLE VII. TRIBAL COUNCIL
A. Composition of the Tribal Council
B. Tribal Council Officers
C. Duties of Officers
D. Powers of the Tribal Council
E. Reserved
F. Compensation
G. Term of Office
H. Qualifications
I. Budget
J. Meetings
ARTICLE VIII. EXECUTIVE
A. Composition of the Executive Branch
B. Location of Offices
C. Powers and Duties of the Chairperson
D. Powers and Duties of the Vice-Chairperson
E. Qualifications
F. No Reserved Powers
G. Compensation
H. Terms of Office
ARTICLE IX. JUDICIAL
A. Judicial Power Vested
B. Composition of the Tribal Court System
C. Jurisdiction
D. Judicial Appointments
E. Eligibility for Appointment and Service
F. Terms of Office
G. Compensation
H. Judicial Independence
I. Practice and Procedure
J. Conflict of Interest
ARTICLE X. TRIBAL PROSECUTOR
A. Power and Authority of Tribal Prosecutor
B. Appointment of Prosecutor
C. Eligibility for Appointment and Service
D. Term of Office
E. Compensation
F. Independent Function
G. Funding Mandate.
H. Removal
ARTICLE XI. ELECTION BOARD
A. Election Board
B. Appointments and Term
C. Compensation
D. Funding Mandate
ARTICLE XII. ELECTIONS
A. General Elections
B. Primary Elections
C. Special Elections
D. Registration and Ballots
E. Certification of Election Results
F. Challenges to Election Results
G. Oath of Office
H. Election Application
I. Nepotism
ARTICLE XIII. RECALL, REMOVAL, AND VACANCIES
A. Recall
B. Removal of a Tribal Court Judge
C. Removal of Prosecutor
D. Removal of Members of the Election Board
E. Other Elected or Appointed Officials
F. Vacancies in the Tribal Council
G. Vacancies in the Executive
H. Vacancies in the Judiciary
I. Vacancies in the Election Board
J. Terms for Replacements
K. Vacancies for Other Elected or Appointed Positions
ARTICLE XIV. INITIATIVE AND REFERENDUM
A. Initiative
B. Referendum
C. Initiative or Referendum Effective Date
ARTICLE XV. CONFLICT OF INTEREST
A. Personal Financial Interest
B. Financial Disclosure
ARTICLE XVI. TRIBAL RECORDS
ARTICLE XVII. AMENDMENTS
ARTICLE XVIII. SOVEREIGN IMMUNITY

A. Tribal Immunity From Suit
B. Suit Against Officials and Employees
ARTICLE XIX. RIGHTS OF THE TRIBE AND ITS MEMBERS
ARTICLE XX. ADOPTION
ARTICLE XXI. PRIOR ACTIONS

[Table of Contents created by NILL in September 2014, based on Version 2014 - 2.1 of the tribal code.]

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