===== page 1 =====

Chippewa Tribe Constitution Meetings philip Brodeen
Session 1: The Development of the 2017 MCT & January current 2018
THE DEVELOPMENT OF THE
MCT CONSTITUTION
PHILIP M. BRODEEN
BRODEEN & PAULSON PLLP
Overview of Presentation
• History of MCT Constitution
- Powers & Duties of the TEC
- Powers & Duties of RBC
- Day-to-day operations
1936 MCT Constitution
- Submitted for ratification to the MCT on June 20,
1936
1,528 votes for
• 544 votes against
Approved by Secretary of Interior on July 24,
1936
• BIA had a strong influence in drafting the initial
constitution
• Provided little localized autonomy (envisioned
local charters to be adopted)


===== page 2 =====

Minnesota Chippewa Tribe Constitution Meetings
Session 1: The Development of the MCT & Current Structure - Philip Brodeen
August 2017 - January 2018
History of the MCT
Constitution
• Indian Reorganization Act of 1934
• Imposed a standardized model of
governance on tribes
• Adoption of the IRA was voluntary and
each reservation had 18 months to vote
on whether or not to adopt
Overview of MCT Constitution
IRA Constitution adopted in 1936
• Amended and Revised Constitution
adopted in 1963
• 4 additional amendments
• Amendment I – 1972
• Amendment II – 1972
• Amendment III – 2006
• Amendment IV – 2006
1936 MCT Constitution
• Governing body was TEC
• Consisting of 2 members from each Reservation
- Tribal Delegates
- 2 delegates form each designated district or
community of the MCT
- Originally there were approximately 32 reservation
precincts ( over 65 elected officials)
- Delegates would then select 2 persons to sit on the
TEC


===== page 3 =====

Minnesota Chippewa Tribe Constitution Meetings
Session 1: The Development of the MCT & Current Structure – Philip Brodeen
August 2017 – January 2018
Revised Constitution (1963)
• Revised Constitution and Bylaws of
the Minnesota Chippewa Tribe was
enacted in 1963 and approved by the
Secretary of the Interior on March 3,
1964
• Remains largely intact today
Revised Constitution (1963)
• Removed local charters
• Created Reservation Business Committee
structure
Implemented ¼ degree blood quantum
• Changed term from 1 to 4 years
Revised MCT Constitution
• Preamble
• Article I – Organization and Purpose
Article II – Membership
Article III – Governing Body
Article IV – Tribal Elections
—
- Article V TEC Authorities
Article VI – RBC Authorities
Article VII – Duration
- Article VIII – Majority vote


===== page 4 =====

Minnesota Chippewa Tribe Constitution Meetings
Session 1: The Development of the MCT & Current Structure – Philip Brodeen
August 2017 – January 2018
Revised MCT Constitution
Article IX - Bonding
Article X – Vacancies and Removal
Article XI – Ratification
Article XII – Amendment
Article XIII – Rights of Members
• Article XIV – Referendum
Article XV – Manner of Review
Revised MCT Constitution
• Bylaws
– Article Duties of TEC Officers
– Article TEC Meetings
• Article III – Installation of Members
– Article Amendments
• Article V Miscellaneous
• Article VI – RBC Bylaws
Constitutional Amendments
• Amendment I •
Approved by Secretary of Interior on November 6,
1972
• Stated all members of the Tribe, over 18 years of
age shall have the right to vote at all elections held
within the reservation of their enrollment
• Amendment II
• Approved by Secretary of the Interior on November 6,
1972
• Stated candidates must reach 21 years of age before the
election


===== page 5 =====

Minnesota Chippewa Tribe Constitution Meetings
Session 1: The Development of the MCT & Current Structure – Philip Brodeen
August 2017 – January 2018
Constitutional Amendments
Amendment III
Approved by Secretary of Interior on January 5, 2006
Candidates must reside on the reservation of
his/her enrollment for one year before the date of
election
• Amendment IV
• Approved by Secretary of the Interior on January 5,
2006
• Election disqualification for felony or conviction of a
lesser crime involving theft, misappropriation, or
embezzlement
Powers & DUTIES OF THE TEC
(a) To employ legal counsel for the protection and
advancement of the rights of the MCT;
(b) To prevent any sale, disposition, lease or encumbrance of
tribal lands, interests in lands, or other assets including mineral,
gas or oil;
(c) To advise with the Secretary of the Interior w/ regard to
all appropriation estimates or Federal projects;
(d) To administer any funds within the control of the Tribe;
to make expenditures from tribal funds in accordance with a
budget
PoweERS & DUTIES OF THE TEC
(e) To consult, negotiate, contract, and conclude agreements
on behalf of the MCT with Federal, State, and local governments
or private persons or organizations;
(f) Except for the powers granted to the RBCs, the TEC shall
be authorized to manage, lease, permit, or otherwise deal w/
tribal lands, interests in lands or other tribal assets; to engage in
any business; to borrow money to loan the money thus
borrowed to Business Committees of the Reservation...
(g) levy licenses or fees on non-members or non-tribal
organizations doing business on two or more Reservations;


===== page 6 =====

Minnesota Chippewa Tribe Constitution Meetings
Session 1: The Development of the MCT & Current Structure – Philip Brodeen
August 2017 – January 2018
POWERS & DUTIES OF THE TEC
(h) To recognize any community organizations, associations
or committees open to members of the several Reservations
and to approve such organizations, subject to the provision that
no such organizations, associations, or committees may assume
any authority granted to the TEC or the RBC;
(i) To delegate to committees, officers, employees or
cooperative associations any of the foregoing authorities,
reserving the right to review any action taken by virtue of such
delegated authorities.
POWERS & DUTIES OF THE RBC
(a) To advise the Secretary of the Interior with regard to all
appropriation estimates on Federal projects for the benefit of its
Reservation;
(b) To administer any funds within the control of the
Reservation; to make expenditures in accordance with a budget;
(c) To consult, negotiate and contract and conclude
agreements with Federal, State and local governments or
private persons or organizations; manage, lease, permit or
otherwise deal with tribal lands, when authorized to do so by
the TEC; engage in business; to borrow money or to loan the
money
POWERS & DUTIES OF THE RBC
(d) levy licenses or fees on non-members or non-tribal
organizations doing business solely within their respective
Reservations;


===== page 7 =====

-
«No. 1-807 2-807 only allowed TEC xhe caninterpre creation i cre of a court SY stem funds o7 (are! nargey the Band
~ No. No. gti 2° els egucation
and Taba eligibility for
tated tO
+ No.
determines the 20% of
7-86 - local RBC decision for what
resident eligible voters
-
- No. 9-95 – rescinded in
• No. 9-95 -
|
INTERPRETATIONS
authority to
made clear that the BlA had no
» No. 10-°96— Constitution
ignore the MCT
- rescinded used the Enrollment Ordinance language that
+ No. 12.09 - affirmed the Enrollment could be counted
only the blood of the biological parent
No. 13-09 whether a conviction for attempt is a disqualifying
factor
No. 14-2011 – 4/5th requirement for removal
|
• No. 15-2011 – majority vote necessary for recall election
Day-To-Day OPERATION
• Day-to-day operations on each
-tO- operations each
on
Reservation is largely a matter of RBC
control
• MCT is currently involved in: •
in: :
Enrollment
• Election
• Agent for Programs