Menominee Indian Tribe of Wisconsin Government

menominee indian tribe of wisconsin Constitution Bylaws


Bylaw I	Officers and committees of the Tribal Legislature; Duty to vote stock of Menominee Enterprises, Inc.
Section 1.	Officers of the Tribal Legislature
Section 2.	Committees of the Tribal Legislature
Section 3.	Duty To Vote stock of Menominee Enterprises, Inc.

Bylaw II	Procedure of the Tribal Legislature
Section 1.	Meetings of the Tribal Legislature
Section 2.	Ordinances, Resolutions, and Motions
Section 3.	Tribal Records
Section 4.	Posting Procedures

Bylaw III	General Council
Section 1.	Establishment of General Council; Response To Recommendations
Section 2.	Annual General Council Meeting
Section 3.	Special General Council Meeting
Section 4.	Election of Enrollment Committee

Bylaw IV	Oath of Office

Bylaw V	Definitions

Bylaw VI	Amendments to Bylaws

Notes

Bylaw 1 - OFFICERS AND COMMITTEES OF THE TRIBAL LEGISLATURE; DUTY TO VOTE STOCK OF MENOMINEE ENTERPRISES, INC.

Section 1. - Officers of the Tribal Legislature
(a)  Number. There shall be three officers of the Tribal Legislature. A Chairperson, a Vice- Chairperson, and a Secretary. No Legislator shall hold more than one (1) of these offices simultaneously.

(b)  Election and Terms of Office. The Chairperson, the Vice-Chairperson and the Secretary shall be elected by the Tribal Legislature in accordance with rules and procedures established by the Legislature.

(c)  Qualifications. The Chairperson shall be a resident on the Menominee Indian Reservation.

(d)  Removal. A Legislator may be removed from the office of Chairperson, Vice-Chairperson or Secretary by the Tribal Legislature on grounds of failure to perform adequately the duties of the office in question, or nonparticipation in business of the Legislature.

(e)  Vacancies. A vacancy in the office of Chairperson or Vice-Chairperson, or Secretary shall be filled by the Tribal Legislature for the un-expired portion of the term.

(f)  Chairperson of the Tribal Legislature. The Chairperson shall receive a reasonable compensation for services. Such compensation shall not be increased or decreased during a Chairperson's term in office. The Tribal Legislature may authorize the Chairperson to serve full time in the office.

The duties and powers of the Chairperson shall include but not be limited to the following:

(1)  Preside at all meetings of the Tribal Legislature and at any other meeting called by the Tribal Legislature at which the Chairperson may be designated to preside.

(2)  Represent the Tribal Legislature in its relations with other governments, but only where the Tribal Legislature has specifically and expressly authorized the Chairperson to do so provided that the Tribal Legislature shall not authorize the Chairperson to take any action which under this Constitution and Bylaws must be taken by the Legislature.

(3)  Appoint members of all committees of the Tribal Legislature subject to the approval of the Legislature and in accordance with rules of procedure of the Legislature.

(4)  Serve as an ex officio member of all committees of the Tribal Legislature.

(5)  Call special meetings when appropriate of the Legislature and of any committee of the Legislature, in accordance with this Constitution and Bylaws, laws of the Tribe, and rules of procedure of the Legislature.

(6)  Receive reports of all committees of the Legislature and deliver such reports or cause such reports to be delivered to the Legislature.

(7)  Exercise supervision over all committees of the Legislature and recommend to the Legislature the establishment, consolidation, or abolition of Legislative committees.

(8)  Be responsible for the administrative details of calling and holding meetings of the Legislature and of the tribal members.

(9)  Perform such other duties as may be prescribed by this Constitution and Bylaws, by ordinance, or as required by the Tribal Legislature.

(g) Vice-Chairperson of the Tribal Legislature. The Vice-Chairperson of the Tribal Legislature shall perform the duties of the Chairperson when the Chairperson is absent or unable to perform his duties, or as long as the office is vacant. In addition, the Vice-Chairperson shall perform such other duties as may be prescribed by this Constitution, by ordinance, or as required by the Tribal Legislature.

(h) Secretary of the Tribal Legislature. The Secretary of the Tribal Legislature shall perform the duties of the Chairperson when the Chairperson and the Vice-Chairperson are absent or unable to perform such duties. The Secretary shall also perform such other duties as may be required by the Tribal Legislature.

Section 2. - Committees of the Tribal Legislature
The Tribal Legislature shall establish such committees as it deems appropriate to provide research, investigating and advisory assistance to the Legislature in the exercise of its powers, provided that, each committee shall be headed by a Tribal Legislator.

Section 3. - Duty To Vote Stock of Menominee Enterprises, Inc.
The stock of Menominee Enterprises, Inc., which was transferred to the Tribe by the document entitled, "Transfer, Assignment and Special Endorsement of Security" made pursuant to the Menominee Transfer Plan submitted and approved by the Congress of the United States pursuant to Section 6 of the Menominee Restoration Act (87 Stat. 772) shall be voted by the Tribal Legislature. The Tribal Legislature shall also exercise all other rights in regard to such stock.

Bylaw II - PROCEDURE OF THE TRIBAL LEGISLATURE

Section 1. - Meetings of the Tribal Legislature
(a) Regular Meetings
The Tribal Legislature shall meet in official session at least four (4) times a year at such time and place as shall be established by ordinance. The order of business for any such meeting shall be posted in accordance with Section 4 of this Bylaw; however, other business may also be transacted at such meeting if the Tribal Legislature votes to consider such other business.

(b) Special Meetings

(1)  Calling and Notice.
Special meetings of' the Tribal Legislature shall be called by the Chairperson of the Legislature or upon the written request of any two (2) Legislators, provided that, at least seventy-two (72) hours written notice of such meeting shall be given to each Legislator, by personal service or by registered mail sent to the Legislator's usual place of residence, or left at the Legislator's usual place of residence with some person of suitable age and discretion residing there; however, notice may be waived by attendance at the meeting. Notice to tribal members shall be posted as provided in Section 4 of this Bylaw promptly after such meeting is called. Special meetings of the Tribal Legislature shall be called by the Chairperson upon the petition of three hundred (300) eligible tribal voters, provided that, not less than five (5) nor more than thirty (30) days notice of such meeting is given to tribal members.

(2)  Business.
No business shall be transacted at any special meeting of the Tribal Legislature unless such business has been stated in the notice of such meeting. However, any business which may lawfully come before a regular meeting may be transacted at a special meeting if all the members of the Legislature consent in writing.

(3)  Emergencies.
A special meeting of the Tribal legislature may be called upon less than seventy-two (72) hours written notice if such meeting is necessary for the preservation or protection of the health, welfare, peace, safety, or property of the Tribe. Efforts shall be made to give maximum practical notice to each Tribal Legislator. Maximum practical notice shall be given to such meeting, and such notice shall be posted as provided in Section 4 of this Bylaw, promptly after such meeting is called. No business other than that stated in the notice shall be transacted.

(c) Open Meetings And Executive Sessions.
All meetings of the Tribal Legislature called pursuant to this Bylaw shall be open to tribal members; and tribal members shall have a reasonable opportunity to be heard under such rules and regulations as the Legislature may prescribe, provided, however, that the Legislature may meet in executive session for the following purposes:

(1)  Personnel matters.

(2)  Claims against the Tribe or the Tribal Legislature, whether in Litigation or otherwise.

(3)  Legal consultation and advice.

(4)  Matters involved in litigation concerning the Tribe or the Tribal Legislature.

(5)  Deliberation and/or review of any matter heard by the Legislature in a quasi-judicial capacity.

(6)  Negotiations concerning the purchase, sale, lease or other acquisition of real or personal property, or interests therein, or concerning any contracts except those required to be the subject of competitive bidding.

The Tribal Legislature may determine not to keep a record of all or any part of the discussion in executive session; however, the general reason for such determination shall be recorded, and a record shall be kept of any action taken in executive session. Such record may be withheld from inspection by tribal members pending final disposition of the matter concerned.

(d)  Organization and Rules of the Tribal Legislature. The Tribal Legislature shall adopt by motion written rules governing its own organization and procedure. Such rules shall be open and available to review by tribal members in accordance with Section 3 of this Bylaw.

Section 2. - Ordinances, Resolutions, and Motions (a) Kinds of Action By Tribal Legislature
The Tribal Legislature shall act only by ordinance, resolution or motion. All acts of a general and permanent nature or those affecting compelling interests of the Tribe or tribal members shall be by ordinance. All other actions shall be in the form of resolutions or in the form of motions. Action by resolution shall be the form of action in which the purpose or policy underlying the action is expressly set forth. Action by motion shall be the form of action in which only the action taken is expressly set forth without an accompanying statement of purpose of policy. Ordinances making appropriations shall be confined to the subject of appropriations, but may include more than one appropriation.

(b)  Action By Ordinance Required.
In addition to such acts of the Legislature as are required by other provisions of this Constitution to be by ordinance, the following acts shall be by ordinance: an appropriation, creating an indebtedness, authorizing the borrowing of money, levying a tax, establishing criminal or civil penalties, and any act which places any burden upon or limits the use of private property without the consent of the owner, or which limits the freedom of tribal members to exercise rights to which they are entitled by virtue of their membership in the Tribe, or which-limits any right granted by this Constitution and Bylaws to any person.

(c)  Form Of Ordinances.
Every ordinance shall be introduced in written or printed form. The enacting clause of all ordinances shall be: BE IT ORDAINED BY THE LEGISLATURE OF THE MENOMINEE INDIAN TRIBE OF WISCONSIN.

(d)  Procedure For Passing Ordinances
Except for emergency ordinances and ordinances organizing into codes other related and existing ordinances, the following procedure for enactment of ordinances shall be followed:

(1)  The ordinance shall be introduced at either a regular or special meeting of the Legislature by any Legislator or Legislators, and

(2)  The ordinance shall be read in full, and copies of the ordinance shall be made available to the Tribal Legislature and to tribal members at or before the meeting at which the ordinance is introduced.

(3)  After the first reading of the ordinance, in accordance with (2) above, it shall be approved with or without amendment, rejected, or tabled by vote of the Tribal Legislature.

(4)  If the ordinance is approved on the first reading, it shall promptly be posted in full in accordance with Section 4 of this Bylaw, unless otherwise provided in this Constitution. The Legislature shall hold a tribal hearing on the ordinance not earlier than four (4) days nor later than fourteen (14) days after posting, and notice of the tribal hearing, specifying the day, hour, and place of the same, shall be included in the posting.

(5)  If the ordinance is tabled, it shall be reconsidered at subsequent - meetings until it is approved with or without amendment, or rejected by vote of the Legislature.

(6)  The ordinance shall be read in full a second time at the tribal hearing for adoption, rejection, or other action as may be taken by vote of the Tribal Legislature.

(7)  Except as otherwise provided in this Constitution and Bylaws after adoption, an ordinance shall be posted by title only, stating that complete copies of the ordinance are available at the offices of the Tribal Legislature, and if the ordinance was amended subsequent to its last previous posting, the posting shall state that it has been amended and shall contain a summary of the subject matter of all amendments.

(8)  All ordinances shall take effect five (5) calendar days after posting following final passage, except as otherwise provided in this Constitution and Bylaws, or as specified in the ordinance itself.

(e) Voting By The Legislature.

(1) Ordinances
Except as provided in subsection (g) of this section, and except as may otherwise be provided in this Constitution and Bylaws, every ordinance shall be adopted at a regular meeting of the Tribal Legislature by the affirmative vote of at least a majority of the entire Tribal Legislators, provided that, the quorum for such meetings shall be five (5) legislators.

(2) Resolutions and Motions
Every resolution and motion shall be adopted by the affirmative vote of at least a majority of the Tribal Legislators present at a regular or special meeting of the Tribal Legislature; provided that, the quorum for such meetings shall be five (5) Legislators.

(f)  Review of Ordinances By Tribal Judiciary
If in reviewing an ordinance, a Tribal court finds a part or parts of the ordinance to be invalid, the Court shall determine whether the remaining parts of the ordinance are rendered inoperable as a result of the invalidity of the part or parts in question. If the Court determines that the ordinance is not rendered inoperable, such ordinance shall without the invalid part or parts, continue in effect.

(g)  Emergency Ordinances
Emergency ordinances for the immediate preservation of public health, welfare, peace, safety, or property may be adopted by the Tribal Legislature at any meeting at which the emergency ordinance is introduced. The facts showing such urgency and need shall be specifically stated in the ordinance itself. No ordinance making a grant of any special privilege shall ever be passed as an emergency ordinance. No action required by this Constitution and Bylaws to be taken by ordinance shall be taken by emergency ordinance. An emergency ordinance shall take effect immediately upon passage and, for information purposes, shall be posted or published in full promptly after passage. An emergency ordinance shall not be in effect longer than sixty (60) days after passage, and shall not again be passed as an emergency ordinance.

(h)  Codification
The Legislature shall, where appropriate, organize ordinances into codes and maintain such codes in current form. The Legislature shall periodically review the codes and ordinances and examine them for current need.

(i)  Technical Codes
Standard technical codes, including amendments and revisions, promulgated by the Federal Government, or by any state, or by another Indian Tribe or by recognized trade or professional organizations may be adopted, whole or in part, by reference in an adopting ordinance without reading or posting such codes in full. Such adopting ordinance shall also be deemed to adopt by reference, in whole or in part, any other codes incorporated in the adopted code. The enactment of ordinances adopting any such code or codes shall be as provided in subsection (f) of this section, and the posting thereof shall state that copies of the code or codes proposed to be adopted are available for inspection at the office of the Tribal Chairperson. Any penalty clause in said code or codes may be adopted only if set forth in full in the adopting ordinance.

(j)  Amendment or Repeal
No ordinance or section or subsection of an ordinance shall be amended, superseded, or repealed except by an ordinance regularly adopted, provided that, repeal may be by reference to the title of the ordinance or any part thereof.

(k)  Authentication of Ordinances
An ordinance as finally enacted shall be authenticated by the signature of the Chairperson of the Legislature or other person authorized by the Tribal Legislature. A true copy of every such authenticated ordinance shall be numbered and recorded in the official records of the Tribe. Attached to each ordinance and made a part thereof, shall be a certification by the Chairperson of the Tribe or other person authorized by the Legislature, that the same has been posted in accordance with this Constitution and Bylaws and any applicable tribal ordinance.

Section 3. - Tribal Records
(a)  Tribal records shall include documents of all kinds and any other form of record keeping which result from the operation of both branches of the tribal government. Except as otherwise specifically provided by tribal ordinance, tribal records shall include, but not necessarily be limited to the following: records of meetings of the Legislature or of the General Council and any action taken therein; records of court proceedings and any court decisions or orders; all correspondence, memoranda, and any other documents or other form of records produced by tribal officials or their agents while holding tribal office and during the performance of the duties of tribal office.

(b)  The Tribal Legislature may designate the form in which tribal records shall be kept. The Tribal Legislature shall keep records of all actions taken by the Tribal Legislature and its departments and other agencies. The Tribal Legislature, shall, if feasible, keep records of all debate and discussion underlying such actions. It shall also, if feasible, keep records of all action, debate and discussion at General council meetings. The Tribal Legislature, in consultation with the Supreme Court of the Tribal Judiciary, shall provide for the keeping of all records of proceedings, decisions, and orders of the Tribal Judiciary. The Supreme Court of the Tribal Judiciary shall be responsible for implementing the record keeping system so established.

(c)  All tribal records shall be the exclusive property of the Menominee Indian Tribe, and shall be transferred by tribal officials leaving office to the appropriate tribal officials in office.

(d)  Tribal records shall be preserved in the files of the Tribal Legislature or, where appropriate, in the files of the Tribal Judiciary. Except as provided in subsection (a) of this Section, all tribal records shall be fully accessible for review by any tribal member or his or her authorized representative, provided that, such review shall be conducted during normal office hours of the Legislature. The Tribal Legislature shall establish rules and procedures so that such review will be conducted in a reasonable manner so as to avoid undue disturbance of the daily operation of the tribal government.

Section 4. - Posting Procedures
The following shall be the procedure of the Legislature in posting any notice, ordinance, or other document as required by this Constitution and Bylaws or by tribal ordinance.

(1) The Legislature shall designate by ordinance no fewer than four (4) public places within the reservation and an appropriate number of places in appropriate urban areas where such posting shall be done. If any posting place is to be changed, the Legislature shall make such change by ordinance.

(2) Posting shall take place as soon as practicable.

Bylaw III - GENERAL COUNCIL

Section 1. - Establishment of General Council; Response To Recommendations
(a)  There is hereby established a General Council which shall be a meeting called at least once a year by the Tribal Legislature and open to all tribal members. The purpose of the General Council shall be to discuss problems and issues concerning tribal affairs; to review the policies, goals, and priorities of the Tribal Legislature; to review the functioning of tribal programs and to make recommendations for change.

(b)  The Tribal Legislature shall respond to any recommendations of the General Council in writing and shall post such response in accordance with Bylaw II, Section 4 of the Bylaws of this Constitution.

Section 2. - Annual General Council Meeting
The Tribal Legislature shall set the time, date, and place for the annual meeting of the General Council, and shall provide reasonable notice to tribal voters of such meeting by posting such notice in accordance with Bylaw 11, Section 4 of the Bylaws of this Constitution. The first item of business at the annual meeting of the General Council shall be an election to determine whether the Chairperson of the Legislature shall chair such meeting or whether a tribal voter in attendance shall be elected from the floor to chair such meeting, The last item of business shall be a vote as to whether the meeting shall be adjourned or recessed; provided that, at least fifty (50) voters shall be required to recess a meeting.

Section 3. - Special General Council Meeting
(a)  The Tribal Legislature may call special General Council meetings when it deems appropriate.

(b)  Tribal members may require the Tribal Legislature to call a General Council meeting for a specified purpose or purposes by presenting to the Tribal Legislature a petition with two hundred (200) signatures of eligible tribal voters, which petition shall specify the purpose or purposes for calling the meeting. The General Council meeting called pursuant to a petition shall be convened no later than thirty (30) days following the presentation of a valid petition.

Section 4. - Election of Enrollment Committee
The Enrollment Committee established by Article II, Section 3, of this Constitution may be elected at the annual General Council meeting; provided that, the quorum for the holding of such election shall be one hundred fifty (150) tribal voters. If a quorum is not present, the Tribal Legislature shall within two (2) months appoint the Enrollment Committee from applications submitted by tribal voters. The annual General Council meeting shall not be subject to recess insofar as the election of an Enrollment Committee is concerned. To be included on the ballot for election to the Enrollment Committee, a candidate must be named in a nominating petition which is signed by at least seventy-five (75) eligible tribal voters and filed with the Tribal Legislature at least thirty (30) days before the annual General Council meeting. Absentee voting shall be permitted at such election.

Bylaw IV - OATH OF OFFICE

Every tribal official shall, prior to assuming the duties of the office, take the following oath of office:

I, ___________________, do hereby solemnly swear that I will support and defend the Constitution and Bylaws of the Menominee Indian Tribe of Wisconsin, that I will carry out faithfully and impartially the duties of my office to the best of my ability; and that I will promote and protect the best interests of the people of the Menominee Indian Tribe of Wisconsin.

Bylaw V - DEFINITIONS

As used in this Constitution and Bylaws, except as otherwise specifically provided or indicated by the context:

(a)  "Major Crime" means any crime included in 18 U. S. C s1153 and any equivalent crime defined under any state law.

(b)  "Convicted of a major crime" means conviction of a crime, as defined in paragraph (a) of this Bylaw, where no further appeal is possible.

(c)  "Tribal Official" means any person who is elected or appointed to office by the Tribal Legislature, including appointees to boards and commissions; however, this term shall not include members of the Board of Directors of Menominee Enterprises or any equivalent body of any successor business to Menominee Enterprises, or any person or persons appointed to manage a tribal business.

(d)  "Tribal Funds" means all funds of the Menominee Indian Tribe, except funds derived from appropriations of the United States or the State of Wisconsin.

(e)  "Tribal Law" means an ordinance or ordinances adopted by the Tribal Legislature.

(f)  "Tribal Employees' means all persons regularly employed by the tribal government who receive monetary compensation for their services.

(g)  "Resident on the Reservation", "residence on the Reservation", or "reside on the Reservation" means physically residing within the exterior boundaries of the Menominee Indian Reservation as established by the Treaty of the Wolf River of 1854 (10 Stat. 1064).

(h)  "Shall" in the context of provisions establishing the duties of the tribal government, means that compliance with the provision in question is mandatory, and may be compelled by order of the tribal court, after all administrative remedies have been exhausted.

(i)  "May", in the context of provisions establishing the duties of the tribal government, means that compliance with the provision in question is left to the discretion of the tribal government or its agents and may not be compelled by order of the tribal court, unless there is an abuse of discretion.

Bylaw VI - AMENDMENTS TO BYLAWS

These Bylaws are an integral part of this Constitution; therefore, these Bylaws shall be subject to amendment in the same manner as the Constitution, in accordance with Article XIX of the Constitution.

Notes:

Pursuant to ss5(b) of the Menominee Restoration Act (P.L. 93-197; 87 Stat. 770), the Menominee Constitution and Bylaws was developed by the Menominee Restoration Committee and ratified on November 12, 1977.
Amendments to the Menominee Constitution and Bylaws (of 1977), were introduced and approved by a vote of the Menominee people May 21, 1990 through May 24, 1990. (The four amendments are on record in the Office of the Menominee Tribal Chairperson)
A revision of the Menominee Constitution and Bylaws (of 1977), was approved by a vote of the Menominee people January 29, 1991 through January 30, 1991. (The sixteen amendments are on record in the Office of the Menominee Tribal Chairperson).

Last Updated: Wed December 31, 1969