Resolution No. 2023-157 — Amendments to the Housing Authority Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article V, Section 1(l) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, Section 1(l); and
WHEREAS, the Tribal Governing Board duly enacted the Housing Authority Code, as amended, for the purpose of providing adequate and affordable housing and housing services to low- and moderate- income Indian families and individuals within the Reservation and any other area served by the Tribe in compliance with the requirements, rules, and regulations of the Native American Housing Assistance and Self-determination Act of 1996; and
WHEREAS, the Tribal Governing Board determines that it is in the best interests of the Tribe to amend the Housing Authority Code to incorporate changes that allow for LCOHA housing opportunities for law enforcement officers and essential worker's families on the Lac Courte Oreilles Reservation.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby approves and enacts the following edits and amendments to PRP.7. The edits and amendments to PRP.7 shall be submitted to the Lac Courte Oreilles Law Library as codified law.
NOW THEREFORE BE IT FINALLY RESOLVED, as follows:
1. Bold the term "Board" in PRP.7.2.010(g).
2. Add PRP.7.2.010(w)"Essential Family" means any individual or family, with regard to eligibility for tribal housing, where the individual or family's need for housing cannot be met without such assistance and the Housing Authority determines that the family's presence is essential to the well-being of Indian families living on the reservation.
3. Amend PRP.7.3.015(f) as follows: Regular meetings of the Board shall be held monthly on the third Wednesday of the month or at a time agreed upon by the Board and the Executive Director. Special meetings may be held at the discretion of the Chair or by request of two Commissioners or the Executive Director. Regular and Special meeting notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.
4. PRP.7.5.050 shall be amended as follows:
Applicants of the Housing Authority for rental housing must meet the following requirements:
(a) The family must be a Low-income Family or a Non-Low-income Family as further defined in Section PRP.7.2.010(yy) of this ordinance; and
(b) The family is:
(1) An Indian family; or
(2) An essential family where:
(A) The family's need for housing cannot be met without such assistance; and
(B) The Housing Authority determines that the family's presence is essential to the well-being of Indian families living on the Reservation; or
(3) A law enforcement family where:
(A) The family includes a law enforcement officer who is employed on a full-time basis by the Tribe, federal government, state, county, or other unit of local government;
(B) In implementing such full-time employment, is sworn to uphold, and make arrests for, violations of federal, state, county, or tribal law; and
(C) The Housing Authority determines that the presence of the law enforcement officer on the Indian reservation may deter crime; and
(c) All applicants must have sufficient verifiable income to pay basic household expenses (including the minimum rent charge as defined in Section PRP.7.5.180 of this ordinance).
5. Amend PRP.7.5.110 as follows: Applications are ranked first by preference points and then by date of application and time of application pursuant to the following criteria:
(a) Lac Courte Oreilles Citizen (Member): 25 points
(Applicant or child is a Lac Courte Oreilles Citizen (Member))
(b) Other Indian Applicant: 15 points
(Citizen (Member) of another federally recognized tribe)
(c) Essential family to the well-being of LCO Families: 5 points
(d) Law Enforcement Family: 5 points
(e) Honorably Discharged Veterans: 5 points
(Must provide a current DD214)
(f) Existing Tenant Transfer Preference: 5 points
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 7 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 11th day of December, 2023, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 6 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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William Trepanier, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board