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TRIBAL CONSTITUTION
INTERPRETATION NO. 9-95
WAS RECINDED BY THE
TRIBAL EXECUTIVE COMMITTEE
ON AUGUST 8, 1996.
TRIBAL CONSTITUTION
INTERPRETATION NO. 9-95
WHEREAS,
Article XIV of the Revised Constitution of the Minnesota Chippewa Tribe provides
for a referendum process with regard to Reservation Business Committee resolutions
or ordinances; and
WHEREAS,
Article XIV is silent on several issues, and further interpretation is needed concerning
the circumstances in which the referendum process can be used; and
WHEREAS,
The Minnesota Chippewa Tribal Executive Committee is the governing body of The
Minnesota Chippewa Tribe and has the authority to interpret the Tribal Constitution;
and
WHEREAS,
There are certain responsibilities that are so fundamental to the operation and
continuation of self-government that they cannot be affected by referendum; and
WHEREAS,
The Tribal Executive Committee has interpreted the Tribal Constitution so as to
provide some guidance with regard to the use of the referendum process.
NOW
THEREFORE BE IT RESOLVED, that Article XIV, Section 2, of the Revised Constitution of
the Minnesota Chippewa Tribe is hereby interpreted as follows:
!_ The right of reservation voters to petition for a referendum is limited to
resolutions or ordinances of a Reservation Business Committee which have been
finally enacted by the Committee.
2. The right of reservation voters to petition for a referendum is limited to
legislative enactments by the Reservation Business Committee, and does not
extend to the exercise of administrative and executive power of the Committee
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 extend to
enactments or appropriations necessary for the expenses, maintenance, and
support of the reservation government and its institutions.
We do hereby
certify that the foregoing Constitutional Interpretation was duly presented and acted upon
by a vote of 9
For, 0 Against, 2 Absent, at a Regular Meeting of The Minnesota Chippewa Tribal
Executive
Committee, a quorum present, held on May 19, 1995, at Duluth, Minnesota.
Norman W. Deschampe, President
THE MINNESOTA CHIPPEWA TRIBE
ATTEST: Peter J. Defoe, Secretary
THE MINNESOTA CHIPPEWA TRIBE


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