Final Draft of Constitutional Change on Council Pay

Yvonne asked to post the final draft of the Constitutional change on Tribal Council pay, so here it is:

Initiative #

Annual Salary Compensation and Stipend Policy for Tribal Council

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

“Initiative is the power of the Tribal members to propose laws and 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.”

WAGANIKISING ODAWAK SATUTE 2012 – XXX

ANNUAL SALARY COMPENSATION AND STIPEND POLICY FOR TRIBAL COUNCIL.

SECTION I. REPEALS AND REPLACES

This Statute repeals and replaces Waganakising Odawak Statute #2010-017 with Waganakising Odawak Statute 2012 – XXX

SECTION II. PASSAGE OF INITATIVE

Upon passage by the Tribal Membership, WOS 2012 - XXX will be adopted and WOS 2010-017 will be rescinded on the Effective Date of the approved statute. Tribal Council and Tribal Chairman shall adhere to all provisions of WOS 2012-xxx and its Regulations.

SECTION III. DEFINITIONS

1. “Annual Salary” means the amount of annual compensation paid during the calendar year for attendance at regularly scheduled Tribal Council Meetings, Tribal Council Committee Meetings, Tribal Council work sessions, Tribal Council Training and Travel, Tribal Council phone polls and conferences, Tribal Community Meeting and any/all other LTBB Tribal events.
2. “Compensation” means an annual compensation to be paid in equal increments to be determined by the Tribal Citizens.
3. “Stipend” means additional compensation to be paid for attendance at unscheduled meetings, trainings and other tribally related activities. Stipends now are forbidden in any instance.
4. “Tribal Constitution” means the LTBB Constitution Adopted by the Tribal Citizenship February 2, 2005.
5. “Tribe” Shall mean the Little Traverse Bay bands of Odawa Indians.
6. “Tribal Governmental Employees and Travel Reimbursement Policy” Rates that area allowed for travel and training of staff including mileage, hotel, airfare, luggage, per diem etc. Per Diem relates to travel from the government center to any training outside of the reservation area only.

SECTION IV. COMPENSATION ESTABLISHED

1. The following Tribal Council Positions will be compensated as follows:

1. Legislative Leader, twenty-three thousand ($23,000.00) dollars.

2. Tribal Treasurer, twenty-one thousand ($21,000.00) dollars.

3. Tribal Secretary, twenty-one thousand ($21,000.00) dollars.

4. Tribal Council Citizens, eighteen thousand ($18,000.00) dollars.

5. Travel to and from the Government Center for training outside of the reservation area, shall be covered following the Tribal Governmental Employees and Travel Reimbursement Policy.

6. Tribal Council Citizens who live outside of the reservation boundaries qualify for mileage to and from Harbor Springs. A Hotel will be provided to those who live more than seventy-five (75) miles from Harbor Springs and during inclement weather if necessary. No per deim is allowable for this travel.

2. The above compensation shall be subject to federal and state if applicable taxation. Tax withholdings are elective and may be withheld from each payment.

3. It is mandatory that all Tribal Councilors be on at least one Committee that is currently established.

4. It is mandatory that all Tribal Councilors attend the yearly Little Traverse Bay Bands of Odawa Indians Community Meeting.

5. It is mandatory that all Tribal Councilors attend the Little Traverse Bay Bands of Odawa Indians Public and Traditional Pow Wow’s.

6. It is mandatory that Tribal Council have at least one representative in place at every community tribal event (not including training) selected by motion at Council Meeting prior to the event. This must be a rotation of all Tribal Councilors.

7. It is mandatory that Tribal Council attends work sessions, special work sessions and committee meetings assigned to them. If a Tribal Council member misses two or more Tribal Council meetings/work sessions during a twelve (12) month period, they will forfeit their pay for those meetings with no exception.

8. However, if an absence is due to an emergency, Tribal Council will vote retroactively by motion on an exception on above sections C, D, E, F and G. The Tribal Council Treasurer is responsible for ensuring that this is adhered to.

9. It is the Tribal Council's responsibility to conduct themselves in an appropriate manner at all times but especially concerning coming in late or leaving early for meetings.  If it becomes a pattern such as three (3) instances of tardiness for the beginning of work sessions/meetings, (3) instances of being late from lunch or three (3) instances of leaving meetings/work sessions early, Tribal Council shall take whatever action it deems appropriate to ensure that this conduct is dealt with, including, but not limited to, docking of pay, censure, and if need be removal from office.  

SECTION V. TRAVEL EXPENSES

Travel expenses for Tribal Council shall be reimbursed at the same rate as allowed employees in the Tribal Government Travel Reimbursement Policy.

All off reservation training and travel will be approved by motion. Only one Councilor may attend any training at any one time. This must be done on a rotation basis. If a Councilor does not want to travel when their rotation comes available, they do not have to attend and the next Councilor in the rotation may attend.

Any Councilor who is currently employed by any of the Tribal Enterprises, shall attend a conference as an employee of the Enterprise and not as a Councilor if the conference/training pertains to the Enterprise. The Enterprise will be responsible for funding this training/conference if they deem it necessary for the Councilor to attend as an employee. Because the Councilor will not be voting on any issues dealing with the Enterprise they are employed, Council will not pay for any training in this area.

Effective with the next general election, Tribal Councilors may not be employed within the Little Traverse Bay Bands of Odawa Tribal Government or its Enterprises.

SECTION VI. COMPENSATION PROHIBITIONS

Persons receiving compensation authorized by this Statute shall be prohibited from:

1. Receiving unemployment compensation for any reductions or termination of said compensation.
2. Receiving any other type of payment for compensation not explicitly listed in this Statute.
3. Receiving overtime.
4. Receiving stipends.

SECTION VII. EMPLOYMENT

Councilors may not hold more than one full time position outside of the Tribe even if they decline a salary.

Councilors may not serve on any commission.

SECTION VIII. SAVINGS CLAUSE

In the event that any phrase, provision, part, paragraph, subsection or section of this statute is found by a court of competent jurisdiction, to violate the Constitution, laws or ordinances of the Little Traverse Bay Bands of Odawa Indians, such phrase, provision, part, paragraph, subsection or section shall be considered to stand alone and to be deleted from this statute, the entirety of the balance of the statute to remain in full and binding force and effect.

SECTION IX. EFFECTIVE DATE

The Effective Date of the approved statute is the first day of the next fiscal year following the year of the approval by the Membership.