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TRIBAL CONSTITUTION
INTERPRETATION NO. 13-09
WHEREAS, Interpretation No. 1-80 provides that the Tribal Executive Committee
(TEC) may at its own motion issue written opinions as to the meaning and
interpretation of the Revised Constitution and Bylaws of the Minnesota
Chippewa Tribe;
WHEREAS, Article IV, Section 4 of the revised Constitution and Bylaws provides that
[n]o member of the Tribe shall be eligible to hold office, either as a
Committeeman or Officer, if he or she has ever been convicted of a felony
of any kind; or of a lesser crime involving theft, misappropriation, or
embezzlement of money, funds, assets, or property of an Indian tribe or a
tribal organization"; and
WHEREAS, a question has arisen whether a conviction for an attempt to commit theft,
misappropriation, or embezzlement of tribal money, funds, assets, or
property is a disqualifying offense under Article IV, Section 4, and
WHEREAS, the TEC believes that the provisions of the Constitution should be
Interpreted to give effect to the common sense expectations of the
membership; and
NOW THEREFORE BE IT RESOLVED that Article IV, Section 4 of the Revised
Constitution and Bylaws of the Minnesota Chippewa Tribe is hereby
interpreted as follows:
A conviction of a lesser crime involving theft,
misappropriation, or embezzlement of money, funds,
assets or property of an Indian tribe or tribal
organization shall include a conviction for an attempt
to commit such a crime if the attempt is punishable as
an offense under applicable law.
We do hereby certify that the foregoing Constitutional Interpretation was duly presented
and acted upon by a vote of 7 For, 2 Against (Herbert Weyaus, Arthur LaRose), 2 Silent
(Marge Anderson, Michael Bongo), at a Special Meeting of the Minnesota Chippewa
Tribal Executive Committee, a quorum present, held on December 8, 2009 at Prior
Minnesota.
,
Franklin Secretary
B. Heisler,
THE MINNESOTA CHIPPEWA TRIBE