October 4, 1996
Memorandum from Leech Lake Chairman Eli O. Hunt
To: Daniel Brown, Alfred Fairbanks, Jr., Jack Seelye, Myron Ellis
Re: Resolutions and Ordinance of September 13, 1996 Special Meeting of the
Leech Lake Reservation Tribal Council
This memorandum clarifies my position regarding the following actions taken
in the September 13, 1996 meeting.
The enactment of Resolutions No. 97-17, No. 87-20, No. 97-21, No. 97-22 and
Ordinance N. 97-02 are in violation of Leech Lake Ordinance No. 1. They
violate Article 1, Section 1, (b), (c) and (d). Ordinance 1 is pursuant to
Article V1 of the Bylaws of the Revised Constitution and Bylaws of the
Minnesota Chippewa Tribe, Minnesota and approved by the Secretary of the
Interior of March 3, 1964.
Article V1, Amendments of Leech Lake Reservation Ordinance No. 1 clearly
states, "These bylaws may be amended or rescinded at any time by action of
the Reservation Business Committee in regular session." The meeting of
September 13, 1996, was a special meeting and not a regular meeting.
Ordinance No. 1, Article 11, Meetings of the Reservation Business
Committee, Section 1. clearly states that regular meetings of the
Reservations Business Committee shall be held on the first Friday of each
quarter beginning with July of each year.
Additionally, the Revised Constitution and Bylaws of the Minnesota Chippewa
Tribe, Minnesota, Article XV, Manner of Review, Section 3 clearly state
that "any resolution or ordinance enacted by the Reservation Business
Committee, which by the terms of this Constitution and Bylaws is subject to
approval by the Tribal Executive Committee, shall within ten (10) days of
its enactment be presented to the Tribal Executive Committee. The Tribal
Executive Committee shall at its next regular or special meeting, approve
or disapprove such resolution or ordinance."
The actions of the above mentioned resolutions and ordinance are clearly in
violation of the Revised Constitution and Bylaws of the Minnesota Chippewa
Tribe and the Leech Lake Reservation Ordinance No. 1. Consequently, they
are illegal and not valid.
Therefore, please be advised that I do not recognize or accept the illegal
resolutions and ordinance mentioned in this memorandum.
For the record, I will state that I was hospitalized on September 12 - 13,
1996 and therefore was not able to be served a written request for the
special meeting on September 13, 1996. I was advised by Deputy Director
Linda Johnston that your written request was placed in the Chairman's
mailbox at approximately 4:00 p.m. on September 12, 1996 without an agenda.
Please note that according to Roberts Rules of Order, the Chairman sets
the agenda for all meetings.
It has always been my intention to support, honor and respect the Revised
Constitution and Bylaws of the Minnesota Chippewa Tribe and especially
Article V1, Ordinance No. 1, Leech Lake Reservation Business Committee
Bylaws. Therefore, it is my expectation that you will do likewise.
copies sent to:
MCT Tribal Executive Committee
Joel Smith, Superintendent/BIA Minnesota Agency
Leech Lake Reservation Employees
Leech Lake Band Members.
****************
Article V1, Ordinance No. 1, Leech Lake Reservation Business Committee Bylaws:
ORDINANCE NO. 1
Pursuant to Article V1, Section 1, of the Bylaws of the Revised
Constitution and Bylaws of the Minnesota Chipper Tribe, Minnesota approved
by the Secretary of the Interior on March 3, 1964, the following bylaws
shall govern the duties of the offices and Committee members of the Leech
Lake Reservation Business Committee and its meetings.
ARTICLE I - DUTIES OF THE OFFICERS OF THE RESERVATION BUSINESS COMMITTEE
Section 1. The Chairman of the Reservation Business Committee shall:
(a) Preside over all meetings of the Reservation Business Committee.
(b) Act as the chief executive officer to administer the policies and
instructions of the Reservation Business Committee, exercising general
supervision of all other Band officers and top supervisory Band employees.
(c) With the Secretary-Treasurer, affix his signature to official
documents, when authorized by the Reservation Business Committee.
(d) Countersign warrants duly drawn by the Secretary-Treasurer against
fund of the Band.
(e) Report on all tribal affairs and interest and on all Tribal Executive
committee meetings and/or actions.
(f) Not vote in meetings of the Reservation Business Committee except in
the case of a tie.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Bernard J. Rock, Sr.
Leech Lake Pillager Band
Spotted Eagle Warrior Society
North Central Minnesota Native American Veterans
Outreach and Resource Center