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TRIBAL CONSTITUTION
INTERPRETATION NO. 11-09
Article XIV of the Revised Constitution of the Minnesota Chippewa Tribe
WHEREAS,
provides for a referendum process with regard to Tribal Executive
Committee and Reservation Business Committee resolutions or
ordinances; and
WHEREAS,
XIV is silent on several issues, and further interpretation Is needed
conceming the which the referendum can be
used; and
WHEREAS,
the Minnesota Chippewa Tribal Executive Commitee is the governing
body Minnesota Chippewa Tribe and has the to interpret
the Tribal Constitution; and
WHEREAS,
there are certain responsibilities that are 80 fundamental to the operation
end continuation of self-government that they cennot be afiocied by
referendum; a:
WHEREAS,
on May 19, the Tribal Executive Committee interpreted the Tribal
Constitution to provide some guidance with regard to the use of the
referendum process and designated that guidance as No. 9
95; and
WHEREAS,
on August 8, 1996, the Tribal Executive Committee rescinded
No. 9-05; and
the Tribal Executive Committee finds that reinstatement of the principles in
WHEREAS,
Interpretation No. 9-95 and extending its applicability enactments
Tribal Executive Committee is desirable; and
NOW
THEREFORE BE IT RESOLVED that Article XIV of the Revised Constitution of
the Minnesota Chippewa Tribe is hereby interpreted as follows:
1. The right of reservation voters to petition for a referendum Is limited
to resolutions or ordinances of the Tribal Executive Committee or a
Reservation Business Committee which have been finally enacted
by the Committee.
2. The right of reservation voters to petition for a referendum
to legistative enactments by the Tribal Executive Committee or the
Reservation Business Committee, and does not extend to the
exercise of administrative and executive power of the Committee.


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3.
The right of reservation voters to petition for a referendum does not
extend to emergency enactments passed for the preservation of the
public peace, health, and safety.
4.
The right of reservation voters to petition for a referendum does not
extand to enactments or appropriations necessary for the
expenses, maintenance, and support of the tribal and reservation
and their institutions.
The right of reservation voters to petition for a referendum
5. —
permit either the disavowal of lawful contracts entered into by the
Tribal Executive Committee or a Band governing body
abridgerment of rights created under such contracts.
6,
The sight of reservation voters to petition for a referendum is limited
to the extent that any such proposed referendum seeks to compel
the Tribal Executive Committee or a Band governing body to act in
a manner which violates the rights of members secured by Article
Xill of the Constitution and by the statutes of the United States,
specifically including the Indian Civil Act, 25 U.S.C. § 1301,
et. seq.
We do hereby
certify that the foregoing Constitutional Interpretation was duly presented
a vote of 11 For, 0 Against, 0 Silent, at a Special Meeting of the
and acted upon by
Minnesota
Chippewa Tribal Executive Committee, a quorum present, heid on December
8, 2009 at Prior
Lake, Minnesota.
Helaler,
rankiin B. Secretary
THE MINNESOTA CHIPPEWA TRIBE