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menominee indian tribe of wisconsin Constitution Articles XI-XX
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| ARTICLE XI - USE OF TRIBAL LAND BY TRIBAL MEMBERS AND QUALIFIED NON-TRIBAL MEMBERS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Land Use and Natural Resources Conservation Plan (a) Land Use and Natural Resources Conservation Plan. The Tribal Legislature shall by ordinance establish a comprehensive land use and natural resources conservation plan, for lands and natural resources subject to tribal jurisdiction. Such plan shall include rules and procedures by which tribal members, and non-tribal members who quality under Section 2 of this Article, may obtain permission to use a specified parcel of tribal land for residential, agricultural, commercial, recreational, or industrial purposes, however, such permission shall not include any subsurface rights except as specifically authorized by the plan. Such plan shall also include rules and procedures by which tribal members may use the natural resources of the Tribe consistent with principles of conservation. (b) Land Use Assignments. Permission to use tribal land for the purposes specified in subsection (a) of this Section shall be evidenced by a land use assignment issued to persons who qualify under Section 2 of this Article, in accordance with the land use plan. Copies of such assignments shall be filed and recorded by the Appropriate Tribal Official. Section 2. - Use of Tribal Land by Non-Tribal Members (a) General Prohibition. Except as otherwise specified in this section persons who are not members of the Menominee Indian Tribe shall not be permitted to use tribal land for any purpose. (b) Heir or Descendent Exception. A nonmember who is an heir or descendent of a member of the Menominee Indian Tribe shall for purposes of determining inheritance of any land use assignment, have the same status as heirs or descendant who are members of the Tribe, provided that, where a nonmember inherits the land use assignment, and notwithstanding any provision to the contrary in the land use assignment issued to the deceased tribal member, the term of such use assignment shall be deemed to be for twenty-five (25) years. The Tribal Legislature may renew such assignment for subsequent terms, each not to exceed twenty-five (25) years. (c) Consent to Abide by Tribal Law. Any nonmember who inherits a land use assignment from a tribal member shall thereby be deemed to have consented to abide by all laws of the Menominee Indian Tribe which would have been applicable to such l and had the land use assignment in question been inherited by a tribal member,and, further such nonmember shall be deemed to have consented to the jurisdiction of the Tribe for purposes of enforcing such laws. (d) Leases to Non-Tribal Members, Corporations or Businesses. Leases of land located outside the geographical boundaries of the Menominee Reservation as defined by the 1854 Treaty held in trust by the United States for the Menominee Indian Tribe of Wisconsin, the Menominee Indian Tribe of Wisconsin may grant to non-tribal members, corporations, or businesses for any legally permissible purpose pursuant to Tribal Law by majority vote of the Tribal Legislature acting through the Tribal Ordinance process in accordance with applicable provision under Bylaw II, Section 2, of this Constitution and Bylaws. The Tribal Legislature shall set forth the length of time of such leases, the fee, and such other provisions as the Tribal Legislature deems necessary. |
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| ARTICLE XII - SUCCESSOR BUSINESSES TO MENOMINEE ENTERPRISES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Duty of the Tribal Legislature The Tribal Legislature shall reaffirm by resolution the "Management Plan of Menominee Enterprises, a Tribal Enterprise of the Menominee Indian Tribe of Wisconsin," (hereinafter referred to as the "Menominee Enterprises Plan") approved by Congress on March 14, 1975 pursuant to Section 6 of the Menominee Restoration Act (87 Stat. 770), in accordance with Section 14(d) of the "Menominee Enterprises Plan.". The Tribal Legislature shall amend the "Menominee Enterprises Plan" so that the provisions of that document are consistent with the provisions of Section 2 of this Article. Amendments to the "Menominee Enterprises Plan" shall not be inconsistent with any provision of Section 2 of this Article. Section 2. - Successors to Menominee Enterprises Before the Tribal Legislature takes any action terminating the 'Menominee Enterprises Plan" pursuant to Section 14(d) of that document, or before the Tribal Legislature takes any action terminating any successor to Menominee Enterprises established pursuant to this Article, the Tribal Legislature shall establish a successor tribal business (hereinafter "Successor Business") which shall assume control of the management responsibilities, and all books and records of the predecessor business. The Successor Business shall be the principle business arm of the Tribe and shall be established by means of a written charter issued by the Tribal Legislature by ordinance. The charter shall not be inconsistent with this Constitution and Bylaws and shall include, be consistent with, and be based upon the following principles: (a) Management Policy. The Tribal Legislature in providing for the management of the tribal forest lands by the Successor Business shall follow the policy of promoting maximum self-determination of the Menominee Indian Tribe. The Tribal Legislature in dealing with the United States in the management of tribal land and interests therein shall seek federal protection of the right of the Tribe to self-determination and shall avoid federal domination. All tribal forest lands shall be managed on a sustained yield basis according to the provisions 'of the Forest Management Plan: Menominee Enterprises, Inc. 1968-1982 (1973 Revision) including any revisions which may in the future be made in that document. (b) Scope of Authority of the Successor Business to Menominee Enterprises. The scope of authority of the Successor Business shall be to manage and operate the property designated in this subsection (hereinafter referred to as the "subject property") in order to conduct the business operations of the Tribe which will best promote the interests of the Tribe and of the Tribal members. Accordingly, the primary duties of the Successor Business shall be to log, manage, and reforest the tribal forest land, and to manufacture market, sell and distribute timber, forest products, and related products. The Successor Business shall be granted all powers necessary to manage and operate the subject property in order properly to perform its duties as set forth herein. The Successor Business shall also have the power to operate subsidiary businesses which come within its scope of authority in order to further the business and economic needs of the Tribe insofar as the management and operation of the subject property is concerned. The property subject to the control of the Successor Business shall be that property formerly managed and controlled by Menominee Enterprises and any other predecessor business, including the tribal mill, the tribal forest land, the personal property of the predecessor business, and such additional property as may be acquired by the Successor Business in the future. The Successor Business shall have no interests therein, except the right to manage such property in accordance with the principles set forth in this section and in its tribal charter. Tribal land and interests therein shall not be an asset of the Successor Business for any purpose. No tribal property, real or personal, or interests therein, shall be subject to the management and control of the Successor business unless such property shall have been expressly stated in this subsection to be subject to the management and control of the Successor Business. The Successor Business shall not be authorized to pledge, mortgage, lease, or otherwise encumber tribal land or interests therein except as may be authorized by the Tribal Legislature acting in accordance with applicable Federal Law, tribal ordinances, and this Constitution and Bylaws. The Successor Business shall be authorized to acquire and own land or interests therein in its own name. The Successor Business shall be authorized to sell for business purposes any property owned by it in its own name and shall also be authorized to, pledge, mortgage or otherwise encumber its own property as security for debts. The Tribal Legislature shall have no authority over the operations of the Successor Business except as specifically set forth in this section. However, the Tribal Legislature shall retain all authority and power to exercise all proper governmental and sovereign functions over the property managed or owned by the Successor Business. (c) Sovereign Immunity. The Menominee Indian Tribe in authorizing the establishment by charter of the Successor Business does not waive, nor authorize its Tribal legislature to waive, or limit the right of the Tribe or the Successor Business to sovereign immunity from suit, except as specifically provided in this subsection; nor does it waive or limit, or authorize its Tribal Legislature to waive or limit any exceptions and immunities from taxation to which the Successor Business is or may in the future be entitled, and to which the Tribe, its members, and its businesses are entitled by law. For the purpose of enabling the Successor Business to enter into business agreements either to secure debts or to provide services or products, the Successor Business shall be authorized to agree by specific written agreement with any party to sue and be sued in its capacity as a tribal business upon any contract, claim, or obligation arising out of its authorized activities. For the same purpose, the Successor Business shall be authorized to agree by specific written agreement with any party to waive any immunity from suit it might otherwise have. (d) Distribution of Profits of the Successor Business. The profits of the Successor Business shall be allocated in the manner set forth in this subsection.
(1) The Successor Business shall, as soon as practicable, make a determination of the net
profits of the Successor Business for each fiscal year. That profit shall be determined from revenues;
cost of sales; operating expenses; general income and expenses; taxes, if any; and interest payments
on the outstanding bonds administered in accordance with the bond indenture dated April 30, 1961,
First Wisconsin Trust Company as trustee, and on any outstanding supplemental bond indentures. (2) Excess profits shall then be determined by subtracting from net profits such amounts as are deemed appropriate by the Board of Directors for expansion, for asset replacement, and for sinking fund or a reserve to retire the principal obligation on the bond indentures named in subsection (d)(1) of this section. (3) Excess profits shall then be divided by the Board of Directors on an equitable basis between an amount to be retained by the Successor Business (hereafter "retained share") and an amount to be paid over by the Successor Business to the Tribal Legislature, representing the Tribe (hereafter 'tribal share"). In making the division between the retained share and the tribal share, the Board of Directors shall consult extensively with the Tribal Legislature and shall be guided by industry standards. (4) The Tribal Legislature shall then determine whether the tribal share shall be utilized for tribal operations, distributed to tribal members, or divided and used for both purposes. In making its determination as to the distribution of the tribal share, the Tribal Legislature shall use its best judgment and shall carefully consider both the need for effective tribal operations and the individual financial needs of tribal members. (e) Authority, Duties, and Rights of the Board of Directors of the Successor Business. In addition to such other authority granted by this section and to such other authority as may be granted by the Successor Business charter, not inconsistent with this Constitution and Bylaws, the Board of Directors of the Successor Business shall be granted the following authority and rights and shall be directed as follows:
(1) The Board of Directors of the Successor Business shall be authorized to vote
themselves a reasonable compensation for services; but any increase in compensation shall not take
effect during the term of office of any Director serving at the time the increase was voted upon. (2) Directors shall be subject to recall on grounds of dishonesty, in competency, nonparticipation in Board matters, or other conduct detrimental to the interests of the Tribe or the Successor Business. (3) The Board of Directors of the Successor Business shall be authorized to elect and remove officers of the Board and officers of the Successor Business, and to fill vacancies in such offices, in accordance with the procedure set forth in subsection 2(e) (4) of this Section. (4) The Board of Directors shall be authorized to appoint a tribal member to fill the vacant office until the next annual election when a tribal member shall be elected to complete the term of office in question. (5) The Board of Directors shall be authorized to determine the amount of excess profits of' the Successor Business to be retained by the Successor Business (retained share), and the amount to be paid over to the Tribal Legislature on behalf of the Tribe (tribal share) in accordance with the formula set forth in subsection (d) of this Section. (6) The Board of Directors shall be authorized to amend the following parts of the charter of the Successor Business: the part which concerns the internal rules and regulations of the Board of Directors, that part which concerns the meetings of the Board of Directors and voting at such meetings, that part which concerns the officers of the Board of Directors, and that part which concerns the location of the principle place of business of the Successor Business. (7) The Board of Directors, its officers, and the officers of the Successor Business, shall be indemnified from any court awarded damages that might result from the performance of the duties of office. (8) The Board of Directors shall meet at least four (4) times a year to transact the business of the Successor Business. (f) Rights of the Tribal Members.
(1) There shall be twelve (12) members of the Board of Directors. All Directors of the
Board of Directors of the Successor Businesses shall be tribal members with at least one-fourth (1/4)
degree Menominee Indian blood elected at large for three (3) year terms of office. The terms of office
shall be staggered such that four (4) of the twelve (12) Directors are elected annually. (2) Eligible voters of the Tribe shall have the right to vote for members of the Board of Directors of the Successor Business, as well as on other matters submitted to the tribal voters for a vote at regular and special business meetings of the Successor Business. Write-in voting, and absentee voting shall be permitted, but voting by proxy, and cumulative voting shall not be permitted. (3) Eligible tribal voters shall have the right to recall members of the Board of Directors in accordance with the following procedure: upon receipt of a petition signed by two hundred (200) eligible voters, setting forth the alleged misconduct with specificity, the Secretary or other appropriate officer of the Successor Business shall call and give notice of a special meeting of the tribal members. Such meeting shall be held in not less than ten (10) nor more than thirty (30) days after receipt of such petition. At such meeting, eligible tribal voters shall vote on the question of whether the Director in question shall be removed from office on the basis of one or more of the grounds set forth in the petition. No Director shall be removed from office unless (a) at least thirty percent (30%) of all eligible voters participate in the recall election and (b) at least two-thirds (2/3) of the eligible voters participating in the recall election vote in favor of removal. (4) The tribal members shall have the right to have an annual business meeting of tribal members held to receive reports on business operations, to elect directors, and to transact other business. (5) Eligible tribal voters shall have the right to petition for special business meetings of the tribal members in accordance with the following procedure:
The Secretary of the Successor Business shall call such a meeting upon receipt of a written
petition which is signed by not less than two hundred (200) eligible voters and which sets forth
with specificity the business to be transacted at the special meeting. The Secretary shall notify
eligible voters of the meeting by posting notice in accordance with Bylaw II, Section 4, of this
Constitution and Bylaws. Such notice shall state the place, day, hour and the purpose or purposes
for which the meeting is called. Such notice shall be posted not less than ten (10) nor more than
fifty (50) days before the date of the meeting. If the place of meeting is not designated in the
notice, the place of meeting shall be the office of the Successor Business, but any such meeting
may be adjourned to reconvene at any place designated by a vote of a majority of eligible voters
who are present at the meeting. No business shall be transacted at any special meeting except as
designated in the notice of the meeting.
(6) There shall be at least one hundred and twenty-five (125) eligible tribal voters present at business meetings of the tribal members before business can be conducted at such meetings. (7) To be included on the ballot for election to the Board of Directors, a candidate must be named in a nominating petition which is signed by at least seventy-five (75) eligible voters and filed, with the appropriate officer of the Successor Business at least thirty (30) days before the annual business meeting to elect the Board members. (g) Involvement of the United States. The United States Government shall not be granted any authority in regard to the operation of the Successor Business, except as specifically negotiated and agreed upon in a written trust agreement between the United States and the Menominee Indian Tribe. |
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| ARTICLE XIII - TRIBAL BUSINESSES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Interrelationship Between Tribal Businesses And The Tribal Legislature All business ventures of the Tribe shall be conducted by tribal businesses established by written charters issued by the Tribal Legislature by ordinance. Such tribal businesses shall be established for purposes of management only and no tribal assets shall be transferred to the ownership of such business; however, such business may be authorized to acquire property in its own name. Such tribal businesses shall not be authorized to pledge, mortgage, lease, or otherwise encumber tribal lands or interests therein subject to their management. However, such tribal business may, consistent with Federal law, be authorized to pledge, mortgage, lease, and otherwise encumber land or interest therein held in its own name as security for debts, and to acquire, sell, lease, exchange, transfer, or assign personal property or interests therein. Each tribal business shall be subject to the authority and control of a Board of Directors, or such other form of management as the Tribal Legislature designates in the charter. The Tribal Legislature shall not interfere with the business decisions of the management of the business; however, the Tribal Legislature shall retain all authority and power to exercise all proper governmental and sovereign functions over the tribal business and over property managed or owned by the tribal business. Profits of such tribal businesses shall be shared with the Tribe on an equitable basis. Regular reports on the financial status of such tribal businesses shall be made to the Tribal Legislature and to the tribal members. Section 2. - Duty To Enforce The Tribal Legislature shall enforce this Article by a code of laws establishing, insofar as practicable, uniform rules governing the establishment and operation of tribal businesses. Section 3. - Forestry Business Exception This Article shall not be applicable to the forestry business of the Tribe which is covered by Article XII of this Constitution. |
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| Article XIV - TRUST AGREEMENT BETWEEN THE MENOMINEE INDIAN TRIBE AND THE UNITED STATES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Trust Agreement Upon taking office, the Tribal Legislature shall enter into negotiations with the United States for the purpose of executing the kind of trust agreement between the Tribe and United States as is contemplated in Section 4 of the "Trust and Management Agreement between the Menominee Indian Tribe of Wisconsin and the Secretary of the Interior of the United States of America" (hereinafter "Trust and Management Agreement"). Such agreement shall provide the Menominee Indian Tribe with maximum control over its own property and its own affairs and shall define accordingly the long-term, ongoing trust relationship between the Tribe and the United States. The Tribal Legislature shall make every effort to execute such a long-term trust agreement prior to the expiration of the "Trust and Management Agreement", now in effect and scheduled to expire six (6) months after the date on which the Tribal Legislature takes office. If the long-term agreement cannot be executed prior to the expiration of the "Trust and Management Agreement", the Tribal Legislature shall reaffirm the "Trust and Management Agreement" pursuant to Section 3 of that Agreement until such date as a new long-term agreement is executed. Section 2. - Negotiating Principles The Tribal Legislature in negotiating a long-term trust and management agreement with the United States shall be bound by the following principles which the Menominee Indian Tribe considers fundamentally important parts of such an agreement: (a) The United States should expressly acknowledge that the Menominee Indian Tribe has the right to be self-determining to the maximum possible extent while still preserving the integrity of the trust responsibility of the United States to the Tribe. This includes the right to manage and control all tribal businesses, and the right to tax all assets within the Tribe's jurisdiction, including tribal assets held in trust. (b) The powers and responsibilities of the United States as trustee should be expressly and specifically set forth in the agreement. (c) The United States should expressly agree that the tribal forest land shall be managed on a sustained yield basis. (d) The United States should expressly acknowledge that all tribal assets transferred to the United States in trust for the Tribe shall, as of the date of this transfer, be exempt from all local, state and federal taxation; and that the Tribe, the tribal assets, the tribal members, and the tribal businesses shall be entitled to all immunities from taxation to which American Indian Tribes, their members, and their businesses are entitled by the laws of the United States. (e) The United States should expressly agree to provide business advice and other advice and assistance to the Tribe on request of the Tribe. (f) The United States should expressly acknowledge the Tribe's right to exercise all sovereign and governmental powers within the boundaries of the Menominee Indian Reservation except those which the United States Congress has expressly and specifically denied the Tribe the right to exercise. Section 3. - Approval By Tribe Required Any long-term agreement negotiated pursuant to Section 1 of this Article between the Menominee Indian Tribe and the United States shall be effective only if such agreement is approved by vote of a majority of tribal voters voting, so long as the total vote cast is at least fifteen percent (15%) of those entitled to vote. Amendments to such agreement shall be effective only if approved in the same manner as the agreement. |
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| ARTICLE XV - TRIBAL GOVERNMENT CAREER AND MERIT SYSTEM OF EMPLOYMENT | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Merit Principle All employment and promotions of employees of the tribal government shall be made solely on the basis of merit and fitness as demonstrated by examinations or other evidence relevant to show competence for the particular employment in question. All termination of employment with the tribal government shall be made solely on the basis of incompetence, or any other reason which results in failure to perform employment duties satisfactorily. Tribal employees shall adhere to the personnel policies and procedures. This section shall apply to appointed tribal officials, but not to elected tribal officials or tribal judges. Section 2. - Duty To Enforce The Tribal Legislature shall enforce this Article by ordinance. |
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| ARTICLE XVI - FINANCIAL CONTROL | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Budget and Appropriations All appropriations by the Tribal Legislature of tribal funds shall be in accordance with an annual budget established by ordinance. Section 2. - Accounting System The Tribal Legislature shall by ordinance establish an accounting system, approved by an independent certified public accounting firm, and shall cause an audit of the tribal accounts to be conducted annually. Section 3. - Fiscal Year The Tribal Legislature shall by ordinance establish a fiscal year for the tribal government. |
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| ARTICLE XVII - CONFLICT OF INTEREST | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - Conflicting Personal Financial Interest Prohibited In carrying out the duties of tribal office, no tribal official, elected or appointed, shall make or participate in making decisions which involve balancing a substantial personal financial interest, other than interests held in common by all tribal members, against the best interests of the Tribe. Section 2. - Other Conflicts of Interest The Tribal Legislature may by ordinance prohibit other kinds of conflicts of interests. |
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| ARTICLE XVIII - SOVEREIGN IMMUNITY | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Section 1. - General Prohibition The Tribal Legislature shall not waive or limit the right of the Menominee Indian Tribe to be immune from suit, except as authorized by this Article and by Article XII of this Constitution. Section 2. - Suits Against The Tribe in Tribal Courts By Persons Subject To Tribal Jurisdiction The Menominee Indian Tribe shall be subject to suit in Tribal Courts by persons subject to tribal jurisdiction for the purpose of enforcing rights and duties established by this Constitution and Bylaws, by the ordinances of the Tribe, and by the Indian Civil Rights Act, (25 U.S.C. s130l and 1302). The Tribe does not, however, waive or limit any rights which it may have to be immune from suit in the courts of the United States or of any State. Section 3. - Suits Against The Tribe In The Courts Of The United States In seeking redress of grievances against the Tribe, persons subject to tribal jurisdiction shall exhaust all remedies available to them under this Constitution and Bylaws and the ordinances of the Tribe before seeking redress of grievances against the Tribe in the courts of the United States under any law of the United States granting those persons such rights. |
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| ARTICLE XIX - AMENDMENTS TO CONSTITUTION AND BYLAWS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| This Constitution and Bylaws is adopted pursuant to Section 16 of the Indian Reorganization Act (25 U.S.C. s476, 48 Stat. 987) and may be amended in accordance with the rules and regulations adopted by the Secretary of the Interior pursuant to that section. The Secretary of the Interior shall hold an election on the adoption of an amendment or amendments to this Constitution and Bylaws when requested by a vote of two-thirds (2/3) of the entire Tribal Legislature or by a petition signed by at least three hundred (300) eligible tribal voters and validated in accordance with applicable rules of the Secretary, or if none, with applicable tribal ordinance. The Secretary of the Interior shall not propose amendments to this Constitution and Bylaws. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| ARTICLE XX - ADOPTION OF CONSTITUTION AND BYLAWS | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| This Constitution and Bylaws, when adopted by a majority vote of the eligible voters of the Menominee Indian Tribe of Wisconsin, voting in an election called for that purpose by the Secretary of the Interior, in which at least thirty percent (30%) of those entitled to vote shall cast their ballots, and submitted to the Secretary of the Interior for his approval, shall be effective from the date of approval. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Last Updated: Wed December 31, 1969