Red Lake Band of Chippewa Indians: The New Resolutions on Banishment

The Resolutions on Banashment

RESOLUTION NO._____________

Upon a motion by __________________, and a second by _________________, the following was enacted:

WHEREAS, the Red Lake Band of Chippewa Indians is the governing body of the Red Lake Band of Chippewa Indians; and the Tribal Council has the authority and the responsibility to provide for the safety, health and welfare of its members; and

WHEREAS, the Tribal Council recently declared a public health emergency because of the devastation on the Red Lake Reservation caused by the widespread abuse of illegal drugs and powerful opiate prescription drugs; and

WHEREAS, the Tribal Council is presently coordinating the existing services on the Red Lake Reservation to address this epidemic; and the Tribal Council is also developing additional tools to fortify the spectrum of services that are available to treat tribal members; and

WHEREAS, the Tribal Council is aware that many tribal members currently participate in medically assisted treatment programs, and that such programs have been an important factor in the substance abuse recovery process for the participants; and

WHEREAS, the Tribal Council hereby finds that the development of a medically assisted treatment program at Red Lake would be a valuable tool in the spectrum of services to address the current public health emergency.

NOW THEREFORE BE IT RESOLVED, that the Tribal Council hereby authorizes the development of a medically assisted treatment program at the Red Lake Nation; and

BE IT FURTHER RESOLVED, that the Tribal Council hereby approves the Red Lake Medication Assisted Recovery Licensing Standards which have been presented by the Red Lake Chemical Health Program; and

BE IT FINALLY RESOLVED, the Tribal Council authorizes the Chairman and the Secretary to execute a substance abuse treatment program license for the Red Lake Medication Assisted Recovery Services Program, and further authorizes application for any further licenses that will bring the program to fruition.

FOR:

AGAINST:

We do hereby certify that the foregoing resolution was duly presented and acted upon at a Regular Meeting of the Tribal Council held on Tuesday, August 8, 2017, with a quorum present, at the Red lake Nation Headquarters, Red Lake.

Darrell G. Seki, Sr., Chairman Darwin Sumner, Secretary

_________________________________________________________________________________

RESOLUTION NO. -17

Upon a motion by _________ and second by _________, the following was enacted:

WHEREAS, the Red Lake Tribal Council is the duly elected governing body of the Red Lake Band of Chippewa Indians, a federally recognized Tribe; and

WHEREAS, under the Revised Constitution and Bylaws preamble, the members wish to promote justice, insure tranquility, encourage the general welfare, safeguard our interest and secure the blessings of freedom and liberty for ourselves; and

WHEREAS, pursuant to Article III, Section 1 (b) the Tribal Council shall have the power to adopt ordinances, subject to the review of the Secretary of the Interior, or his/her duly authorized representative, governing the loss of membership and future enrollment; and

WHEREAS, pursuant to Article VI, Section 5 the Tribal Council shall have the power to enact ordinances, subject to the review of the Secretary of the Interior, or his/her duly authorized representative, governing the conduct of members and Indians from other tribes on the reservation; and

WHEREAS, the Tribal Code was adopted by Resolution No. 231-88 and it is necessary for time to time to revise relevant portions of the Code; and

WHEREAS, by Resolution No. 289-03 dated December 9, 2003, the Tribal Council added Banishment as a civil penalty to drug laws under Section 518; and

WHEREAS, the Tribal Code Committee reviewed the existing banishment remedy and discussed a proposed civil banishment process under the newly created Section 215 and recommends to the Council adoption of new Section 215 Civil Banishment of Tribal Members; and now

THEREFORE BE IT RESOLVED, the Tribal Code will be amended by addition Section 215 as follows:

CHAPTER 215

CIVIL BANISHMENT OF TRIBAL MEMBERS

215.01 SCOPE

The scope of this Chapter is to deal with tribal members who are involved with behaviors or crimes that jeopardizes the health, safety, and wellbeing of all tribal members. Activities relating to drug related behaviors or charges may include but not limited to: buying, selling, manufacturing, administrating, transporting, and distributing are triggering behaviors for the purpose of this Chapter. Banishment is not disenrollment. Criminal conviction is not required to proceed with banishment.

215.02 NOTICE; SUMMONS

Any member of law enforcement or Prosecution may petition the Tribal Council for the civil remedy of banishment against a tribal member with a petition and summons by filing a petition with the Tribal Secretary. Notice must be served by personal service. If service cannot be done due to evasion or out of jurisdiction, then by certified mail to last known address and publication by posting within each community.

The summons shall contain the following:

a) Matter in jurisdiction of the Tribal Council; and

b) The names of the parties; and

c) It shall bear the signature of the Secretary; and

d) It shall state that the respondent shall serve a copy of his/her answer to the petition on the petitioner within 10 days after the service of the summons upon him/her; and

e) It shall notify the respondent that if he or she fails to answer the petition or serve his/her answer within the required time period, a judgment by default will be rendered against him/her for the relief demanded in the petition.

215.03 PETITION

A petition for Banishment must contain the following information:

a) The name of the Tribal Council; and

b) The names of the parties; and

c) A short and plain statement of the reason for banishment showing that the petitioner, on behalf of the Band is entitled to relief based on behaviors, activities or crimes of the Respondent which jeopardizes the health, safety, and wellbeing of all tribal members; and

d) A demand for judgment for the relief to which the petitioner deems himself entitled; and

e) Length of time for term of banishment shall be a minimum of one year but no more than five years, excluding time spent incarcerated in any jurisdiction; and

f) Length of time may be extended if no progress made on efforts to address underlying issues for need of banishment.

215.04 TERMS OF BANISHMENT

Banishment may include any of the following:

a) Expulsion from the reservation; and

b) Cancellation of any Tribal Housing Program; and

c) Exclusion from all tribal buildings including Gaming properties, Embassy (Minneapolis) and Urban Office (Duluth); and

d) Ineligible for any tribal payment; and

e) Ineligible for tribal services from enrollment, vehicle licensing, and business licensing, donations; and

f) Ineligible for hunting and fishing privileges.

215.05 HEARING; TRIBAL COUNCIL

Once a petition has been filed with the Secretary, the Secretary shall set a Banishment hearing with the Council within 20 days of receipt of the petition. All interested persons shall be present and give sworn testimony to the Council. Hearings shall be open to any tribal member. No children shall be present during proceedings. Hearings are not criminal proceedings. The Council shall consider all statements and documents.

215.06 STANDARD OF PROOF

The party asserting the petition for banishment shall have the same burden of proving the claim so asserted. In order for the claim to be proven it must be proven by a fair preponderance of all of the evidence.

215.07 EVIDENCE USED IN BANISHMENT

The Council conducting a hearing in a banishment is not bound by the common law or technical or formal rules of evidence but is bound by Ojibwe tradition and custom. The hearing shall be conducted in a manner so as to ascertain the substantial right of the parties. Findings of the hearing shall be based upon competent evidence only.

215.08 COUNSEL; RESPONDANT

Respondent is permitted to use legal counsel if he or she hires or retains at their own expense. The Tribe is not responsible for providing public defense.

215.09 ORDER

Subdivision 1 The Council shall make findings and issue its order immediately after the hearing and a copy of the order shall be given to the respondent. The banishment order will be given to law enforcement and published in public places around the reservation. The banishment order will be reviewed six months prior to its expiration. A criminal background check will be conducted as part of the review.

Subdivision 2 The order may be extended beyond five years if no progress is made on the following:

a) Chemical Dependency Treatment;

b) Completion of sentence;

c) Amends to the community;

d) Employment;

e) Sobriety;

f) Commitment to traditional or religious values.

215.10 VIOLATION OF BANISHMENT

Any violation of an order for banishment shall be filed with the Tribal Court by prosecution under Chapter 213 for contempt. The violation must state the reason for violation. The Court shall convene a hearing within 10 days whereupon the respondent must prove why the Court should not find them in violation of the banishment order. If the Court finds a violation, the court may sentence accordingly under Chapter 213. Any subsequent disobedience to the contempt order shall result in criminal contempt which shall receive a six month sentence.

215.11 PETITION FOR LIFTING OR CANCELLATION OF BANISHMENT; GROUNDS

Subdivision 1. A banished member may petition the Council for lifting or cancellation of banishment before expiration of the order. Such petition must be filed with Secretary. The burden of proof shall be on the Petitioner. Prosecution will respond to any petition and be present at any such testimony or evidence regarding the hearing before the Council.

Grounds for petition may include any of the following:

a) Chemical Dependency Treatment;

b) Completion of sentence;

c) Amends to the community;

d) Employment;

e) Sobriety;

f) Commitment to traditional or religious values.

Subdivision 2. A banished member may request a temporary lifting of the banishment order for funerals of immediate family members only. The temporary order must be signed by the Chairman with restrictions on travel within the reservation. Banished member will consent to any search by police during their funeral visit if requested.

215.12 ORDER GRANTING LIFTING OR CANCELLATION OF BANISHMENT

After hearing and review of all documents and statements, the Council may order restoration of tribal benefits and privileges. The Council shall make findings and deliver its order. It shall be posted in public places across the reservation.

215.13 COMMUNITY SERVICE

All returning tribal members shall complete 500 hours of community service under the authority of the Tribal Council.

FOR :

AGAINST :

We do hereby certify that the following resolution was duly presented and enacted upon at the Regular Meeting of the Tribal Council held on Tuesday, August 9, 2017 with a quorum present, at the Red Lake Nation Headquarters, Red Lake.

DARRELL G. SEKI, SR., CHAIRMAN DARWIN J. SUMNER, SECRETARY