Title 61 Open Public Meetings Act of 2018
Chapter 61.01 Open Meetings and Notice to the Public
61.01.010 Authority
Article VII and Article IX § (a) of the Constitution grants the Tribal Council the power to make laws, including codes, ordinances, resolutions, and statutes.
61.01.020 Purpose
The purpose of this title is to ensure that the Tribe's governmental business is conducted in an open and public manner. This title will ensure the people of the Tribe remain informed on the affairs of the Tribe, their elected government officials, and the governmental systems created by the people of the Tribe.
61.01.030 Declaration of Policy
(a) Meetings of public bodies, Commissions, Boards, and Tribal Council of the Tribe shall be conducted openly, notices shall be provided for such meetings, and such notices include the information reasonably necessary to inform the public of the matters to be discussed or decided at the meeting. The Judiciary shall take into account this policy and shall construe and interpret any provision of this title in favor of open and public meetings.
(b) The policy of the TMBCI Tribe is as follows and as further specified in this title.
(1) When the Tribal Council Titles in its law-making function, such actions shall be taken at an open meeting.
(2) When the Tribal Council, Executive Branch, Judiciary, or General Council Titles in an executive, administrative, or quasi-executive status, such actions shall be taken at an open meeting, except as provided for in Section 61.01.060.
(c) All meetings, including District Meetings, under this title shall be subject to zero tolerance for alcohol and drugs. This policy shall apply to the members of the public body and the attending public.
61.01.040 Definitions
As used in this title, the following shall have the meaning provided here:
"Bylaws" mean the rules adopted by a public body for its internal governance.
"Executive Session" means that portion of a meeting not open to the public.
"Judiciary" means the Courts of the TMBCI Tribe and any of its boards or committees.
"Meeting" means the official convening of a quorum of members of a public body for the purpose of conducting public business:
"Regular Meeting" means any meeting, which is held on a regular schedule such as a regular monthly meeting.
"Special Meeting" means any meeting, which is not a regular meeting, including but not limited to, any meeting, which must be called because of an emergency.
"Public" means enrolled members of the TMBC1 Tribe, and other persons as authorized by the Tribal Council, Executive Branch, Judiciary, or General Council to attend a meeting.
"Public Body" means any official entity in which a quorum is required to conduct public business and which performs a governmental function for the Tribe. Public bodies shall include the Judiciary and the Tribal Council, including its Committees and the following type and defined public bodies:
(a) Authority. A public agency or corporation established by the Tribal Council with autonomous administrative powers in a specified field.
(b) Commission. An official body established by the Constitution or the Tribal Council empowered with specific regulatory and rulemaking powers and duties.
(c) Boards. The TMBCI Tribe recognizes the following types of boards:
(d) Board. A board other than a board of directors or an advisory board that is established by law and administered by the Chairman to exercise certain authorities and have oversight or control of certain matters.
(e) Board of Directors. An official body required by the Constitution, established by the Tribal Council, and administered by the Chairman to serve in an advisory capacity to the Executive Director of a Department.
(f) Advisory Board. An official representative body established by the Tribal Council and administered by the Chairman to provide a department or program counseling and advice, which is neither imperative nor conclusive.
(g) Work Group or Task Force. A temporary short-term ad hoc body established by a governmental entity for a focused effort on a specific issue. The body's charter may or may not require a quorum to conduct its business.
Quorum means a majority of the members of the Tribal Council, a Board, or Commission.
61.01.050 Open Meetings
(a) Every meeting of a public body shall be open to the public and the public shall be permitted to attend and listen to the deliberations and proceedings except when an executive session is called pursuant to this title or when an individual engages in disruptive behavior.
(b) A member of the public shall not be required to register his or her name, provide other information, or complete any form or document as a precondition to attend a meeting. A voluntary registration form or other document may be circulated to members of the public who are present at a meeting; however, completion of such form or document shall not be required in order for the public to attend a meeting. Non-members of the Tribe who are authorized to attend a meeting may be required to identify themselves as non-members of the Tribe.
61.01.060 Executive Session
In the spirit of open meetings, public bodies shall limit their executive sessions to only those essential matters requiring confidentiality. The Tribal Council reserves the right to examine executive session minutes to ensure that executive sessions are only convened for appropriate matters.
(a) Upon a majority vote taken in an open meeting pursuant to a motion describing the general area to be considered, a public body may conduct an executive session but only for any of the following reasons:
(1) Business Matters. Deliberations and negotiations involving the purchase of public or private properties and other matters whenever competitive or bargaining reasons require a closed session.
(2) Criminal Matter. Any matter relating to a current or future investigation or prosecution of a criminal offense, which would threaten effective law enforcement if disclosed.
(3) Inter-governmental Relations. Any matter regarding the consultation or negotiation with another government including, but not limited to, any local, city, town, county, state, federal, tribal governmental entity or any subdivision thereof.
(4) Land. Any discussion or consideration regarding any purchase or lease of real property.
(5) Law Enforcement. Any matter which may disclose the identity of a law enforcement agent or informer.
(6) Legal Advice. Any discussion or consideration of a sensitive legal advice including, but not limited to, proposed, pending or current litigation.
(7) Personnel Matters. Any matter relating to employment or appointment of an individual as a public officer including, but not limited to, the individual's employment history, medical history, financial or credit history, salary, promotion, demotion, discipline, dismissal or resignation.
(8) Public Safety or Well-being. Any matter which may imperil the public safety or well-being of the Tribe if disclosed.
(b) Any member of the public body and any other persons authorized by the public body shall be permitted to attend an executive session.
61.01.070 Public Notice
(a) A public body shall post notice of each regular or special meeting or hearing in a prominent, noticeable place in the Tribe's Executive Office Building and at the location of the meeting, if not the Executive Office Building, no less than 72 hours prior to the meeting or hearing, unless an emergency requires shorter notice.
(b) Such notice shall include the date, time, location and proposed agenda and/or hearing purpose.
(c) As a matter of record, each public body shall publish its schedule of regular meeting or hearing dates, times and locations in the Tribal Building, on the Tribe's website, and on the Tribe's Facebook page.
(d) Meeting locations and times cannot be changed unless there is an emergency.
61.01.080 Minutes and Publishing of Minutes
(a) A public body shall take, or cause to be taken, minutes of a meeting. The minutes shall include, at a minimum, the following:
(1) Time meeting is called to order.
(2) Roll Call. The presence, absence, and times of departure and return (for temporary absence) of each member of the public body and whether absences were excused or unexcused. It will also be noted if an Alternate Member is attending in the place of a member.
(3) Time quorum was established.
(4) A record or summary of all motions, proposals, resolutions or other matter formally voted upon, the results of the vote and the vote of each member of the body.
(5) Times when body is recessed, if applicable.
(6) Times when body is in executive session, if applicable.
(7) The location, date and time of the body's next regular meeting or special meeting, if known.
(8) Time of adjournment.
(9) A public body shall take, or cause to be taken, minutes of executive sessions, however, such minutes shall not be available for public inspection without the formal approval of the public body.
(b) After each meeting of a public body, the approved minutes and supporting documentation shall be forwarded to the Tribal Records Department either digitally or by paper copy. This shall be performed within 5 days of passage of the minutes.
(c) The minutes to a meeting of a public body, except the minutes to a meeting of an executive session, shall be made available for general distribution. The public may inspect and photocopy the minutes of a meeting of a public body, except executive session minutes, during normal business hours; however, photocopying of executive session minutes shall not be permitted.
(d) The Tribal Council shall have access to all minutes of all meetings of a public body including minutes of an executive session.
61.01.090 Membership
(a) Members and Alternate Members of the Tribe's public bodies shall be subject to the Tribe's Code of Ethics Title and employment law regarding nepotism and conflicts of interest.
(b) Except if a specific law of the Tribe provides otherwise or as provided immediately below, the Tribe shall allow immediate family or any other individual who is related to a Tribal Council member, the Chairman, or the appointed staff of the Chairman to serve on public bodies. The only exception is if the Tribal Council passes a Resolution for a specific public body to prohibit immediate family members from serving on that public body;
(1) If the Tribal Council passes a Resolution prohibiting a certain public body from having an immediate family member serve on a public body, under the following two (2) circumstances an immediate family member may continue to serve on that public body:
(A) If the immediate family member is serving on a public body at the time of passage of the Resolution, he or she may continue to serve on that public body until such time as he or she must be re-appointed to that public body.
(B) If an immediate family member is serving on a public body and a Legislator is newly elected to the Tribal Council, the immediate family member may continue to serve on that public body until such time as he or she must be re-appointed to that public body.
(C) If the Tribal Council passes a Resolution prohibiting certain public bodies from having immediate family relatives serving on a public body, the passage of the Resolution along with the name of the public body shall be notated in the law or resolution.
(c) Immediate family is defined as parent, grandparent, sibling, child, step relative, spouse, or cohabitant.
61.01.100 Enforcement
(a) Any member of the public shall have the power to enforce the requirements of this title by filing suit in the Tribe's Trial Court. Such actions shall be filed prior to or within thirty (30) days after the violation arises or after discovery of the violation.
(b) The Trial Court shall have the power, in its discretion, upon good cause shown, to issue an appropriate order, injunction, or prohibition and to declare any action or part thereof taken in violation of this law void in whole or in part.
(c) In any suit challenging the validity of an executive session, the Trial Court shall determine the matter de novo and may review in chambers the minutes of such executive session to determine whether the session complies with the requirements of the "Executive Session'' paragraph herein. In such review, the Court shall determine whether such minutes or any part thereof shall remain in executive session.
(d) A public body may ratify an action taken in violation of this law at a public meeting properly held within thirty (30) days after discovery of the violation or after such discovery should have been made using reasonable diligence. The effective date of action ratified pursuant to this section shall be the date of the original enactment.
61.01.110 Sovereign Immunity/Remedy
(a) Except as otherwise specifically provided herein, nothing in this title shall be construed as a waiver of the Tribe's sovereign immunity from suit, which is expressly reserved.
(b) Nothing in this title shall be construed to grant a party any remedies other than those included in this section.
61.01.120 Exemption
The provisions of this title shall not apply to any judicial deliberations or judicial proceedings regarding child welfare cases, provided, that judicial commissions or quasi-judicial bodies involved in setting policy and procedures of the Judiciary shall not be exempt from the provisions of this law.
61.01.130 Business/Enterprise Entities
A private Board of Directors of a corporation organized under the TMBCI Tribe Business Corporation Ordinance or a Board of Managers of a limited liability company organized under the TMBCI Tribe Limited Liability Company Code are not subject to this title, but may adopt its provisions if desired.
61.01.140 Severability
If any provision or provisions of this title shall in the future be declared invalid by the Judiciary, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.
61.01.150 Budgeting of Funds
The Tribe shall budget funds to effectuate the purpose of this title.
61.01.160 Rules and Regulations
The Tribe shall enact rules, regulations, and forms to effectuate the purpose of this title.
