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TRIBAL CONSTITUTION
INTERPRETATION NO. 6-84
WHEREAS, the Tribal Executive Committee of The Minnesota Chippewa Tribe did in Tribal
Constitution Interpretation 1-80 find that the Tribal Executive Committee has the authonty to make
final interpretations of the Constitution of the Minnesota Chippewa Tribe, and
WHEREAS, the Legislative Subcommittee of the Tribal Executive Committee has requested the full
Tribal Executive Committee to issue a formal interpretation of Section 4, (b) of the By-laws of the
Revised Constitution of The Minnesota Chippewa Tribe, which provides:
Section 4 (b), keep and maintaim, open to inspection by members of the Tribe or representative
of the Secretary of Interior, at all reasonable times adequate and correct accounts of the
properties and business transactions of the Tribe.
The questions to be decided as to what records of the Minnesota Chippewa Tribe are included to be
open to inspection to members of the Tribe or representatives of the Secretary of the Imerior under this
section.
NOW THEREFORE BE IT RESOLVED, that the Tribal Executive Committee of The Minnesota
Chippewa Tribe is of the opinion that Section 4 (b) is limited in its application to only certain records of
The Minnesota Chippewa Tribe. 1t specifically refers to allowing members of the Tribe or
representatives of the Secretary of the Interior to inspect at reasonable times, “adequate and correct
accounts of the properties and business transactions of the Tribe.”
This section makes no reference to other types of records or accounts. The Tribal Executive Committee
is of the opinion that properties refers to such tangible items as real property, timber, equipment and
other tangible property owned by the Tribe. It is the further opinion of the Tribal Executive Comnnttee
that business transactons refers to transactions that are in the nature of business and not governmental
in nature.
Such records do not include the personnel records of the employees of the Tribe or expenditures for
meetings of the Tribal Executive Commuttce or of the costs of operating Tnbal government as examples
of records not covered by this section.
It is the opinion of the Triba] Executive Committce that the clear intent of the meaning of Section 4 (b)
is to allow Tribal members or representatives of the Secretary of Interior to inspect accounts of the
physical assets of the Tribe and of its busimess activities in order that both Tribal members and
representatives of the Secretary of the Interior can be kept awase of the transactions that might effect
both the trust properties of the Tribe or its economic well-being from business transactions.
Tribal government could be brought to a standstill by demands to inspect all of its records including its
governmental! operation records. This interpretation does not prevent the Tnbal Executive Committee
from adopting, by ordinance, resolution, or guidelines, provisions to allow members to examine or
inspect other records than those covered by this interpretation. The purpose to be served by this
imerpretation ts to establish that the Revised Constitution and By-laws of The Minnesota Chippewa
Tribe does not provide for inspection of all of the records and accounts of The Minnesota Chippewa
Tribe.
We do hereby certify that the foregoing Constitutional Interpretation #6-84 was duly presented and
acted upon by a vote 8 For, 0 Against, 0 Silent, at a Special Meeting of The Minnesota Chippewa Tribal
Executive Committee, a quorum present, held on April 10, 1984, at Duluth, Minnesota,
Darrell Wadena, President
The Minnesota Chippewa Tribe
ATTEST Damel Morrison Sr., Secretary
The Minnesota Chippewa Tribe