Initiative #2 - Nepotism

LTBB Tribal Constitution Article XIV, Initiative and Referendum, A.1. Initiative states:

“Initiative is the power of the Tribal members to propose laws and to enact or reject them in an election. The members of the Little Traverse Bay Bands of Odawa Indians shall have the power to adopt, by initiative, any statute, and the power to repeal or amend any statute in accordance with the provisions of the Article; provided that statutes addressing appropriations for Tribal Institutions or statutes establishing the Tribal budget shall be exempt from the initiative process.”

We the members of the Little Traverse Bay Bands of Odawa Indians due hereby enact by initiative, that Waganakising Odawak Statute 2006-007, Section XV be changed from:

“Section XV. Nepotism

This Section XIV repeals and replaces Section III of Waganakising Odawak Statute 2000-10 of July 22, 2001.

1. Two or more members of the same immediate family shall not serve on the same Commission at the same time. Further, when a Commission is formed to address issues that pertain to a specific Executive department, a person shall not serve as Commission Chairperson if the department director, assistant director, co-director, Tribal Chairperson, or Vice-Chairperson is an immediate family member. For purposes of this section immediate family members means husband, wife, son, daughter, step-son, step-daughter, father, step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, brother-in-law, son-in-law, daughter-in-law, sister, step-sister, sister-in-law, child, step-child, Grandfather, Grandmother.
2. No Commission member may participate in making any decision that involves a personal or financial interest of the Commissioner or a member of his or her immediate family unless such interest is held in common with the Tribe and its citizens.”

The following changes are made:

That the existing Nepotism Section be repealed and that there will be a new Waganakising Odawak Statute entitled “NEPOTISM”. This new Statute will be given a Statute Number upon passing by the membership.

WAGANIKISING ODAWAK STATUTE 2012-XXX

NEPOTISM

This Statute repeals and replaces Section XV of Waganakising Odawak Statute 2006-07, Section XV. Nepotism of May 21, 2006 and 2000-10 of July 22, 2001. It supersedes all language elsewhere in Tribal Statutes, law, ordinances, resolutions, policies, rules, procedures and other instances pertaining to nepotism.

SECTION I. PURPOSE.

This statute is enacted to ensure that there is fair and accountable Tribal Government by ensuring that nepotism in Tribal Government will not be tolerated by the Little Traverse Bay Bands of Odawa Indians (Tribe).

SECTION II. DEFINITIONS.

1. Nepotism is defined as patronage shown or favoritism or other advantage granted by persons in offices of public trust to relatives or close friends.
2. “Tribe or Tribal” means the Little Traverse Bay Bands of Odawa Indians.
3. “Immediate Family Member” means:
   1. spouse, in law or common law;
   2. son, daughter, step-son, step-daughter; son-in-law, daughter-in-law;
   3. father, mother, step-father, step-mother, father-in-law, mother-in-law;
   4. brother, sister, step-brother, step-sister, brother-in-law, sister-in-law;
   5. aunt, uncle, niece, nephew;
   6. recognized or unrecognized domestic partner,
   7. grandson, grand-daughter,
   8. Grandfather, Grandmother,
   9. any of the above by natural or adoptive relation, or by similar relationship by virtue of a domestic partnership (such as, for example, daughter of a domestic partner, etc.), as it may pertain.

SECTION III. IMMEDIATE FAMILY MEMBERS.

1. Immediate family members shall not serve on the Tribal Council or as Chairperson or as Vice-Chairperson at the same time. In the event that two or more family members are elected, they may designate in writing which one will serve. If no such designation is made, only the family member with the highest number of votes shall serve. In the case of a tie, and no designation is made, a run-off election shall be conducted.

2. Two or more members of the same immediate family shall not serve on any specific Commission, Committee or Board at the same time. Nor shall two or more immediate family members serve on a Commission, Committee or Board and on Tribal Council, or as Vice-Chairperson or Chairperson at the same time. Further, when a Commission is formed to address issues that pertain to a specific Executive department, a person shall not serve as Commission or Committee Chairperson if the department director, assistant director, co-director, Tribal Chairperson, or Vice-Chairperson is an immediate family member.

3. No Tribal Council member, Commissioner, Committee, or Board member may participate in making any decision that involves a personal or financial interest of the Tribal Council Member, Commissioner or Board or a member of his or her immediate family.

SECTION IV. SEVERABILITY

If any section, subsection, paragraph, sentence, phrase or portion of this Statute 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 the remaining portions thereof.

SECTION V. EFFECTIVE DATE.

The effective date shall be the date on which the Tribal Election Board certifies the vote by the Tribal Membership in the affirmative.