Skip nav to main content.
gov-hdr-b
Home » FAQs » ARTICLE X – CONDUCT OF BUSINESS
ARTICLE X – CONDUCT OF BUSINESS
administration

Section 1. Meetings of the Tribal Council.

(a) Procedures. The tribal council shall hold meetings and take actions in accordance with the following procedures, which it may augment by its own rules of procedure so long as such rules are consistent with the provisions of this constitution.

(1) The tribal council shall provide in its rules of procedure for the manner and recording of council members votes, for those circumstances in which a council member is prohibited from voting, for the order of business at tribal council meetings, and for the keeping of a journal of its proceedings.

(2) In order to conduct the business of the tribe, council members shall be paid for mileage and per diem expenses if funds are available.

(3) A majority of the members of the tribal council may by vote compel the attendance of any of its members at any meeting of the council. Any member of the council who, when receiving notice of his or her required attendance at a meeting, fails to attend such meeting for reasons other than confining illness or absence from the council because of attendance at a meeting as a representative of the council, shall be deemed guilty of misconduct in office unless excused by the majority of the council. The tribal chairperson, or if absent, the vice­ chairperson, shall enforce orderly conduct at meetings and any member of the council who fails to conduct himself in an orderly manner at any meeting shall be deemed guilty of misconduct.

(b) Regular Meetings.

(1) Regular meetings of the tribal council shall be held each month at a time and place to be set by the tribal council in its rules of procedure.

(2) All regular meetings of the tribal council shall be open to the membership of the tribe; However, the tribal council may recess under the terms and conditions provided for in its rules of procedure in closed or executive session.

(3) No regular meeting shall commence until a quorum is present and in person. A quorum shall consist of a majority of the membership of the council. All decisions shall be made by a majority vote of the quorum.

(c) Special Meetings.

(1) Special and emergency meetings of the tribal council may be called as provided for in the rules of procedure of the tribal council.

(2) A council member or members shall be present for purposes of an emergency meeting if said member or members are in communication by telephone with the tribal council at the time the decision and vote are taken. All decisions made during an emergency meeting shall be made by a majority vote of the quorum.

Section 2. Action by the Tribal Council.

(a) The tribal council shall act only by ordinance, resolution or motion. All legislative enactments of a permanent nature or of general applicability shall be by ordinances; all other actions, unless otherwise provided herein, may be in the form of resolutions or motions.

(b) In addition to such acts of the tribal council as are required by other provisions of this constitution to be by ordinance, every act levying a tax or fee, establishing any rule or regulation for the violation of which a civil or criminal penalty is imposed, or placing any burden upon or limiting the use of property shall be by ordinance.

(c) Every act of the council which is of a temporary nature or relating to a specific action (such as petitions to public officials or to support grant applications) shall be made by resolution.

(d) The ordinary business of the council may be transacted by motions recorded in the minutes.

(e) The tribal council shall cause its ordinances to be codified and thereafter maintained in current form and available for inspection by the tribal membership. Each council shall periodically review the ordinances and examine them for current need. The council may by ordinance prescribe the procedures by which other individuals or entities may obtain access to tribal records or documents.

(f) The tribal council may, by ordinance, prescribe the procedures for enactment, public notice, repeal or amendment, authentication and disposition of ordinances.

Section 3. Tribal Meetings.

(a) The tribal council shall hold an annual meeting of the entire tribal membership and such other tribal membership meetings as are necessary.

(b) Time and procedure for the tribal meetings shall be determined by the tribal council by ordinance and timely notice of the meetings made to the tribal membership.

Section 4. Financial Control. All appropriations by the tribal council of tribal funds shall be in accordance with an annual budget established by ordinance. The tribal council shall cause an audit of the tribal accounts to be conducted annually and shall establish a fiscal year for the tribal government. The results of the audit shall be made available to tribal members upon their request.