Resolution No. 2026-01 — Amending LCO TCL PAP.22 LCO Day Care – Genawendaawasong Policies and Procedures
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, § 1(n) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board is empowered to "regulate, by enactment of ordinances, the conduct of business within the territory of the band"; and
WHEREAS, pursuant to Article V, Section 1 (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board possesses certain powers, including: "To promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers."; and
WHEREAS, the Tribal Governing Board duly enacted the Lac Courte Oreilles LCO Day Care – Genawendaawasong Personnel Policies and Procedures to regulate the LCO Day Care – Genawendaawasong program.
WHEREAS, the Tribal Governing Board passed Resolution 2023-32 establishing the LCO Day Care – Genawendaawasong Personnel Policies and Procedures under Title PAP.22 of the Lac Courte Oreilles Tribal Code of Law.
WHEREAS, The Tribal Governing Board now wishes to amend PAP.22 to include sections related to employee drug and alcohol testing.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby determines that it is in the best interest of the Tribe to amend PAP.22 to include the following additional sections as are found below.
NOW THEREFORE BE IT FINALLY RESOLVED, that the attached amendments to Title PAP.22 of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of the Lac Courte Oreilles Tribal Code of Law, shall be, and hereby is, amended and enacted as an ordinance of the Tribe, pursuant to Article IV, § 3 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians as follows:
1 PAP.22.7.050(a) of Drug and Alcohol Testing Procedures is amended as follows:
General Drug and Alcohol Testing Procedures. As a condition of continued employment employees may be required to submit to testing for the presence of alcohol or drugs including instances where the Director of the Day Care requests any employee or employees to periodically test to ensure the safety of the program, the children, and the families to whom services are provided, as well as instances involving reasonable suspicion, pre-employment, return-to-duty, pursuant to the subsections found below, and the following procedures shall apply:
2 PAP.22.7.050(a)(7) of Drug and Alcohol Testing Procedures is enacted as follows:
In relation to general periodic testing, the Director of the Day Care may direct employees to engage in periodic drug and alcohol testing if they reasonably determine that it is in the best interests of the Day Care to test any employee or employees to ensure the safety of the program, as well as the children and families it serves.
3 PAP.22.7.050(e)(A) of Drug and Alcohol Testing Procedures is enacted as follows:
The employee will be informed of a first offense in writing, and at a minimum shall be suspended for three (3) days without pay and shall not return without providing a negative drug test, and at a maximum, in instances with concurrence of the Day Care Director and the Human Resource Director pursuant to their sole discretion, the employee may be terminated if the directors mutually determine that the circumstances warrant such action.
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 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 6th day of January, 2026, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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Michelle Beaudin, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board