Legal Department

TRIBAL GOVERNING BOARD
5 LCOTCL Chapter 2
ESTABLISHMENT OF REFERENDUM CODE
TITLE V - CHAPTER 2 OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS TRIBAL CODE OF LAW

TITLE V - CHAPTER 2 OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS TRIBAL CODE OF LAW

Action: Advance Notice of Proposed Rulemaking
Date: October 30, 2017

This proposed ordinance shall be known as the Referendum Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is being considered for enactment pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article VI of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter “Amended Constitution and By-laws”) empowers the Tribal Governing Board to prescribe rules and regulations pertaining to referendum elections.

The Tribal Governing Board may delegate its existing Constitutional authority to an agency of the Tribe pursuant to Article V, Section 1(m) of the Amended Constitution and By-laws, reserving the right to review any action taken by virtue of such delegated powers. Pursuant to this enumerated power, the Tribal Governing Board has directed the Lac Courte Oreilles Legal Department to present the Referendum Code for a fourteen (14) day tribal comment period. This Advance Notice of Proposed Rulemaking is being used as a vehicle for obtaining tribal member participation in the formulation of the proposed revision before the Tribal Governing Board considers the proposed regulatory action for final approval. To review the proposed Referendum Code please visit http://www.lco-nsn.gov/lac-courte-oreilles-legal-dept.php, and provide any comments to the Lac Courte Oreilles Legal Department, 13394 W Trepania Road, Hayward, WI 54843.

The proposed regulatory action finds and declares that: (1) Article VI of the Constitution and By-Laws of the Lac Courte Oreilles Tribe provides for a referendum on any legislative enactment or proposed enactment on submission by a majority vote of the Tribal Governing Board or upon petition by at least one-hundred (100) qualified voters of the Tribe; (2) Article VI is self-executing, but specifically provides that the Tribal Governing Board “shall have the authority to enact an ordinance to implement the provisions of this Article.” It is necessary for the Tribal Governing Board to enact an ordinance providing orderly procedures for the conduct of referendums in order to implement the constitutional provision; (3) Orderly procedures, for the conduct of referendums, promotes the transaction of Tribal governmental and commercial business. The Tribe conducts a large amount of its commercial and governmental activities by motion and/or resolution, and the absence of procedures would jeopardize Tribal contractual arrangements, create uncertainty in the conduct of Tribal commercial and governmental business, impair the ability of the Tribe to serve its citizens (members), and subject the Tribe to potential liability for breach or impairment of contract; (4) The procedures set forth in this ordinance protect the right of referendum and are reasonable and necessary to protect Tribal commercial and governmental operations as well.

TRIBAL GOVERNING BOARD
5 LCOTCL Chapter 1
ESTABLISHMENT OF ELECTION CODE, AS AMENDED
TITLE V - CHAPTER 1 ELECTION CODE

TITLE V, CHAPTER 1 OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS

Action: Advance Notice of Proposed Rulemaking
Date: March 06, 2017

This proposed ordinance shall be known as the Election Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is being considered for enactment pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article IV, (s) 3 of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter “Amended Constitution and By-laws”) empowers the Tribal Governing Board to prescribe rules and regulations conducting all subsequent elections.

The Tribal Governing Board duly enacted the Lac Courte Oreilles Election Code on April 29, 2005 pursuant to Tribal Governing Board Resolution No. 05-29; as amended on May 16, 2005 pursuant to Tribal Governing Board Resolution No. 05-50; as amended on May 29, 2007 pursuant to Tribal Governing Board Resolution No. 07-59; as amended on March 11, 2011 by the Tribal Governing Board at the Lac Courte Oreilles Tribal General Membership Meeting; and as amended on May 27, 2015 pursuant to Tribal Governing Board Resolution No. 15-53. This Advance Notice of Proposed Rulemaking is being used as a vehicle for obtaining tribal member participation in the formulation of the proposed revision before the Tribal Governing Board considers the proposed regulatory action for final approval. To review the proposed the Election Code please visit http://www.lco-nsn.gov/lac-courte-oreilles-legal-dept.php, and provide any comments to the Lac Courte Oreilles Legal Department, 13394 W Trepania Road, Hayward, WI 54843.

The proposed amendments to the Election Code provide that upon a person's acceptance of their nomination to stand for election to the Tribal Governing Board, the following prerequisites shall be met based upon a determination of the Election Committee prior to the candidate being placed on the ballot: (1) The prospective candidate shall be a citizen (member) of the Tribe; (2) The prospective candidate shall have attained the age of twenty-one (21) years at the time of their nomination; (3) A residency requirement; (4) The prospective candidate shall provide consent for the completion of a comprehensive background check; (5) The prospective candidate shall submit payment of a ballot fee to the Accounting Department in the amount of two-hundred and 00/100 dollars ($200.00) in an attempt to offset the administrative costs of the election; and (6) The prospective candidate shall undergo testing for illegal drugs and prescribed medication for which they do not have a valid prescription at the LCO-CHC as a condition of being placed on the ballot for election. The proposed amendments also establish the parameters for a prospective candidate to appeal in Tribal Court a determination of the Election Committee that the prospective candidate has failed to meet the prerequisites for being placed on the ballot.

TRIBAL GOVERNING BOARD
7 LCOTCL Chapter 4
ESTABLISHMENT OF ELDERS AND VULNERABLE
ADULTS PROTECTION CODE

TITLE VII, CHAPTER 4 OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS TRIBAL CODE OF LAW

Action: Advance Notice of Proposed Rulemaking
Date: August 24, 2015

This proposed ordinance shall be known as the Elders and Vulnerable Adults Protection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is being considered for enactment pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter “Amended Constitution and By-laws”) empowers the Tribal Governing Board to promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice.

In some cases, the Tribal Governing Board may delegate its existing Constitutional authority to an agency of the Tribe pursuant to Article V, 1(m) of the Amended Constitution and By-laws, reserving the right to review any action taken by virtue of such delegated powers. Pursuant to this enumerated power, the Tribal Governing Board has directed the Lac Courte Oreilles Elderly and Legal Department's to present the Elders and Vulnerable Adults Protection Code for a thirty (30) day tribal comment period. This Advance Notice of Proposed Rulemaking is being used as a vehicle for obtaining tribal member participation in the formulation of this proposed regulatory revision before the Tribal Governing Board considers the proposed regulatory action for final approval. To review the proposed the Elders and Vulnerable Adults Protection Code please visit http://www.lco-nsn.gov/lac-courte-oreilles-legal-dept.php, and provide any comments to the Lac Courte Oreilles Legal Department, 13394 W Trepania Road, Hayward, WI 54843.

It is the purpose of this ordinance to protect elders and vulnerable adults within the jurisdiction of the Lac Courte Oreilles Tribe from abuse and neglect as defined in this ordinance. This ordinance provides for: (a) Reporting abuse or neglect to the proper agency; (b) Receiving reports of and investigating suspected abuse or neglect; and (c) Delivering elder protection services.



TRIBAL GOVERNING BOARD
6 LCOTCL Chapter 1
ESTABLISHMENT OF RESERVATION / TRIBAL LAND CONSERVATION CODE
TITLE VI, CHAPTER 1 OF THE LAC COURTE OREILLES
BAND OF LAKE SUPERIOR CHIPPEWA INDIANS
TRIBAL CODE OF LAW

Action: Advance Notice of Proposed Rulemaking
Date: June 1, 2015

This proposed ordinance shall be known as the Reservation / Tribal Land Conservation Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and is being considered for enactment pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, 1(p) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter “Amended Constitution and By-laws”) empowers the Tribal Governing Board to regulate, by enactment of ordinances, the activities of hunting, fishing, ricing, trapping or boating by members and non-members of all lands and waters located within the Lac Courte Oreilles Indian Reservation as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe, including the power to impose license fees or taxes upon members and non-members for such activities.

In some cases, the Tribal Governing Board may delegate its existing Constitutional authority to an agency of the Tribe pursuant to Article V, 1(m) of the Amended Constitution and By-laws, reserving the right to review any action taken by virtue of such delegated powers. Pursuant to this enumerated power, the Tribal Governing Board has directed the Lac Courte Oreilles Conservation and Legal Department's to present the Reservation / Tribal Land Conservation Code for a thirty (30) day tribal comment period. This Advance Notice of Proposed Rulemaking is being used as a vehicle for obtaining tribal member participation in the formulation of this proposed regulatory revision before the Tribal Governing Board considers the proposed regulatory action for final approval. To review the proposed Reservation / Tribal Land Conservation Code please visit http://www.lco-nsn.gov/lac-courte-oreilles-legal-dept.php, and provide any comments to the Lac Courte Oreilles Legal Department, 13394 W Trepania Road, Hayward, WI 54843.

It is the purpose of this ordinance to: (1) Provide an orderly system for tribal control and regulation of hunting, fishing, trapping and gathering on Lac Courte Oreilles Reservation lands pursuant to the Treaty of 1854, 10 Stat. 1109 as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe; and (2) Provide a means to promote public health and safety and the conservation and management of fish, wildlife and plant populations on Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe through the regulation of member harvesting activities occurring there.

About LCO Legal Department

The LCO Legal Department represents and advises the Tribal Governing Board in legal matters. Below you will find documents relevant to Lac Courte Oreilles community members.

The fact sheet provides information about tax exemption for tribal members, while the certificate is what members should present to a retailer or service provider, such as the electric company, water, cable and phone companies, etc.)

LCO Newsletter

Read the monthly Lac Courte Oreilles Tribal Newspaper online covering news, events, photo ops and government news from LCO.

LCO Constitution

Read the entire LCO Tribal Constitution or download the full amended copy.

Elder News

Stay involved with news from the LCO Elders each month. LCO Elders Council News, elder birthdays and much more!

Youth News

Hear the fresh, new voices emerging at Lac Courte Oreilles. Learn how our youth are engaged and involved in their culture.


RECENT VIDEO

MVI_0800

Badgers(previously unreleased) at the 2015 Lac Courte Oreilles Homecoming Celebration & Powwow.

Posted by Lonnie Barber on Tuesday, October 20, 2015

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