The Mille Lacs Band Department of Motor Vehicles would like to announce that the newly designed vehicle plates will be available by the first week of November! If you wish to come in to trade your plates for the new ones, please bring in your old plates that you’re transferring over. There will be a $8.25 transfer fee. If you do not wish to transfer your plates to the new designed plates you’re not required to do so!
Personalized plates can also be transferred to the newly designed plates for a $25 fee if you already have personalized plates; otherwise, new requests are $50. The personalized plates will take approximately 6 – 8 weeks to come in after you place your order. Again, the OLD Personalized Plates would need to be returned when you pick up the new ones.
Mille Lacs Band Vet plates will also be available at the same registration fees that are set for regular Band plates. You would need to show proof of Veteran status (for example: Form DD214).
The utility/boat trailers, motorcycle, ATV, RV and handicap plates will also be available to trade in if you wish by the end of year.
Please check the Mille Lacs Band November Newsletter for the dates when we will be coming out to the outer districts for the 2018 Tab Renewals! Only 2018 Tab Renewals will be done at this time. Also, a letter with the dates for outer districts will be sent with your 2018 Vehicle Registration Cab Cards.
If you have any questions please contact Deanna Sam, Deputy Registrar at 320-532-7498.
Tribal Employment Rights Statute Approved
Band Assembly passed a new Tribal Employment Rights Statute making the Tribal Employment Rights Office (TERO) an autonomous entity within tribal government and creating a commission to oversee operations and supervise the TERO Director.
The preamble to the new ordinance states, “It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of amending Chapter 5 of Title 18 of the Mille Lacs Band Statutes Annotated (MLBSA) to establish the Tribal Employment Rights Office as an autonomous entity within the government of the Mille Lacs Band of Ojibwe.”
TERO was formerly part of the Department of Administration and supervised by the Commissioner and Assistant Commissioner of Administration.
The new TERO commission will be composed of seven members with at least one from each district. Members will be nominated and ratified by Band Assembly and the Chief Executive.
They will serve staggered four-year terms.
The entire ordinance can be found below.
Band Members Encouraged to Read Ethics Code
Band Assembly makes decisions ensuring we adhere to the Band’s Code of Ethics. This Code also guides us in overseeing tribal government operations. It’s the goal of the Secretary-Trea- surer to establish a Fraud, Waste and Abuse Office where Band member complaints and information in regards to perceived fraud, waste, abuse and corruption and can be followed up on if validated.
This office will officially keep records of individuals who are found guilty of violating the Band’s Code of Ethics. There is currently no way to keep track of individuals or hold them accountable for violating this code.
Furthermore, all elected and appointed officials take an Oath of Office to uphold the laws of the non-removable Mille Lacs Band of Ojibwe, and that is what we, the Band Assembly, will continue to do.
The Preamble of the Ethics Code states: “It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of establishing a body of law governing ethics and conduct of Mille Lacs Band of Ojibwe officials. The Band Assembly determines that it’s in the best interests of the Band to provide protections and safeguards for our resources and people by enacting restrictions and requirements for officials and establishing a safer drug-free work place.”
The code requires gifts be recorded, officials treat all with respect and honesty, and that complimentary services may occur only under certain conditions. The code also requires officials to promote unity, demonstrate personal integrity, promote open communications in a professional manner, and serve with respect and concern.
The Code of Ethics can be found in Title VI of the Mille Lacs Band Statutes or below.
TERO ORDINANCE
Ordinance 07-17
An Ordinance amending Chapter 5 entitled “Tribal Employment Rights” of Title 18 of the Mille Lacs Band Statutes Annotated (MLBSA) to establish the Tribal Employment Rights Office as an autonomous entity within the government of the Mille Lacs Band of Ojibwe.
The District I Representative introduced the following Bill on the 20th day of July, 2017.
Preamble
It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of amending Chapter 5 of Title 18 of the Mille Lacs Band Statutes Annotated (MLBSA) to establish the Tribal Employment Rights Office as an autonomous entity within the government of the Mille Lacs Band of Ojibwe.
Title I
Section 1: Section 404 (Definitions) subsection (c) is hereby amended as follows:
§ 404. Definitions
(c) “Commission” or “TERO Commission” means the Commission of the Tribal Rights Employment Office.
Section 2: Section 404 (Definitions) subsection (d) is hereby deleted/struck and is replaced with the following:
§ 404. Definitions
(d) A “Conflict of Interest” occurs when a TERO Commission member is in a position to influence a decision that may result in a personal gain for that member or for a member of his or her Immediate Family.
Section 3: Section 404 (Definitions) subsection (k) is added as follows:
§ 404. Definitions
(k) “Elected Officials” means the Mille Lacs Band Chief Executive, Secretary-Treasurer, and District Representatives.
Section 4: Section 404 (Definitions) now reads as follows:
§ 404. Definitions
(a) “Adverse Action” means an action taken to try to keep an individual from opposing a discriminatory practice or from participating in an employment discrimination proceeding. Adverse actions include termination, refusal to hire, denial of promotion, threats, unjustified negative evaluations, unjustified negative references, increased surveillance or any other action, such as assault or unfounded civil or criminal charge, that are likely to deter reasonable people from pursuing their rights.
(b) “Band” means the Mille Lacs Band of Ojibwe, a federally recognized Indian tribe, and includes the Band’s government (including all branches, departments and agencies thereof) and all Band-owned entities while they are engaged in commercial or economic activities on behalf of the Band within the Band’s Reservation.
(c) “Commission” or “TERO Commission” means the Commission of the Tribal Employee Rights Office.
(d) A “Conflict of Interest” occurs when a TERO Commission member is in a position to influence a decision that may result in a personal gain for that member or for a member of his or her Immediate Family.
(e) “Core Crew” means regular, permanent employees in supervisory or other key positions where an employer would face serious financial loss if the positions were filled by persons who had not previously worked for that employer.
(f) “Covered Employer” means the Band and any entity, company, contractor, sub-contractor, corporation or other business doing business with the Band (including subcontractors of persons or entities contracting with the Band) within the Band’s Reservation that employs for wages or other remuneration two (2) or more employees.
(g) “Days” means calendar days, including holidays and weekends, unless otherwise indicated.
(h) “Director” means the director of the Band’s Tribal Employment Rights Office.
(i) “Disability” means, with respect to an individual:
(1) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(2) a record of such an impairment; or
(3) being regarded as having such an impairment.
Impairment does not have to be permanent to rise to the level of a disability. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.
(j) “EEOC” means the federal Equal Employment Opportunity Commission.
(k) “Elected Officials” means the Mille Lacs Band Chief Executive, Secretary-Treasurer, and District Representatives.
(l) “Immediate Family” includes a person’s spouse, a person’s biological or adopted child, a member of a person’s household, and a person’s mother, father, sister, and brother.
(m) “Indian” means a member of a federally recognized Indian tribe.
(n) “Indian Certified Entity” means an entity, certified by the TERO Commission, in which fifty-one percent (51%) or more of the ownership interests are held by one or more Indians and in which daily management and control is provided by one or more Indians.
(o) “Reservation” means all lands within the exterior boundaries of the Mille Lacs Indian Reservation as established by the Treaty of 1855, 10 Stat. 1165, all lands held in trust by the United States for the benefit of the Minnesota Chippewa Tribe, the Band or individual members of the Band, which are subject to the jurisdiction of the Band, and all lands owned by the Band which are located within one of the districts designated in 2 MLBSA § 11.
(p) “TERO” means the Band’s Tribal Employment Rights Office established by this Chapter.
Section 5: Section 405 (TERO Commission and Recusal of Commission Members) is hereby amended as follows:
§ 405. TERO Commission and Recusal of Commission Members
(a) TERO Commission Members. The TERO shall be managed by the TERO Commission. At all times there shall be at least one Commission Member on the Commission from each District. The Commission shall consist of seven (7) Commission Members as appointed under section 405(a)(1).
(1) Appointment process, terms. Each Member shall be appointed using the following process: The Elected Officials shall each nominate two (2) individuals and submit their names to the Mille Lacs Band Parliamentarian. The Chief Executive and Secretary-Treasurer of the Band shall each nominate two (2) additional individuals and submit their names to the Mille Lacs Band Parliamentarian. Within ten (10) calendar days after receipt of the nominations, the Elected Officials shall convene and vote on one (1) of the two (2) nominees submitted from each Elected Official to be a Member of the Commission. Members appointed by the Chief Executive and District I Representative shall serve until December 31, 2018, and Members appointed by the Secretary-Treasurer, District II Representative and District III Representative shall serve until December 31, 2020. Any subsequent appointment, other than to fill a vacancy that occurs prior to the end of a term, shall be for four years.
(2) Qualifications. Commissioners shall be public officials subject to the Mille Lacs Band Ethics Code in 6 MLBSA sections 1151 - 1163. At least three of the Commissioners shall have education or experience in one or more of the following areas:
(A) Human Resources;
(B) Tribal Employment Rights;
(C) Construction Management;
(D) Regulatory Enforcement; or
(E) Auditing or Investigations.
(3) Officers. The TERO Commission Members shall select a Chair, Vice-Chair, and Secretary at the first meeting of the Commission, and annually thereafter. The Chair shall preside at all meetings of the Commission and shall be authorized to sign required documents in accordance with the powers of the Commission.
Section 6: 406 (Powers and Duties of the TERO Commission, and Compensation) is hereby amended as follows:
§ 406. Powers and Duties of the TERO Commission, and Compensation
(a) The TERO Commission has the full power, jurisdiction and authority:
(1) Take all actions necessary and appropriate to implement the provisions of this Chapter;
(2) Approve or reject any and all rules, regulations and/or guidelines formulated by the Director to carry out the provisions of this Chapter and to approve or reject the amendment or rescission of any such rules, regulations or guidelines, provided that, except when an emergency exists, the TERO Commission shall provide the public an opportunity to comment at a meeting of the TERO Commission before approving any such rules, regulations or guidelines or the amendment or rescission thereof;
(3) Conduct hearings in accordance with such rules of practice and procedure as may be adopted by the TERO Commission after providing the public an opportunity to comment on them at a meeting of the TERO Commission;
(4) Order any relief or sanctions authorized by this Chapter, and to petition the Mille Lacs Band Court of Central Jurisdiction for such orders to enforce the decisions of the TERO Commission and any sanctions imposed by the TERO Commission, if necessary;
(5) Make recommendations to the Band Assembly on amendments to this Chapter;
(6) Establish a system for certifying firms as Indian Owned Businesses or Mille Lacs Band Owned businesses;
(7) Maintain a list of Certified Businesses;
(8) Assist Band Members in obtaining certification;
(9) Coordinate training and mentorship programs for Band Members and Indians;
(10) Monitor all contracting activities on Band Lands in consultation with the Elected Officials;
(11) Inform the Band Government, Band Entities, Employers, and Contractors and assist in presentations to the public on the requirements of this Chapter with respect to Indian employment and contact preference requirements;
(12) Oversee the Certified Businesses receiving invitations to bid on contracts;
(13) Establish a Band labor surplus pool and refer Band Members and other Indians to an Employer or Contractor for employment consideration;
(14) Assist procurement officers or delegated agents in the designation of contracts appropriate for the set aside program;
(15) Develop and maintain an audit and reporting system which measures the effectiveness of the Indian Preference Policy in meeting its goals and objectives;
(16) Establish procedures for TERO's regulatory proceedings;
(17) Establish procedures, forms and policies necessary to carry out the purposes of the Ordinance; and
(18) Enforce any employment and procurement laws, policies, and/or procedures in accordance with this Chapter.
(b) Compensation. Commission members may receive a stipend for their services at a rate established by the Band Assembly. Commissioners shall be reimbursed for actual expenses incurred on Commission business, including necessary travel expenses in a manner consistent with applicable Band policies and procedures.
Section 7: Section 407 (Tribal Employment Rights Office; Director) is hereby amended as follows:
§ 407. Tribal Employment Rights Office; Director
There is hereby established as an agency of the Mille Lacs Band of Ojibwe government the Tribal Employment Rights Office (also known as “TERO”). The Director of the TERO shall be an employee of the TERO under the direct supervision of the TERO Commission and shall have the power and duties prescribed in section 408 of this Chapter.
Section 8: Throughout Chapter 5, “Board” is amended to “TERO Commission” or “Commission”.
ETHICS CODE
The Preamble of Ordinance 19-98 (this Chapter and Chapter 6 of this Title) provides:
“Preamble. It is enacted by the Band Assembly of the Mille Lacs Band of Ojibwe for the purpose of establishing a body of law governing ethics and conduct of Mille Lacs Band of Ojibwe officials. The Band Assembly determines that it is in the best interests of the Band to provide protections and safeguards for our resources and people by enacting restrictions and requirements for officials and establishing a safer drug-free work place.”
§ 1151. Purpose
The purpose of this code of conduct is to acknowledge that ethics is one of the foundations of our Ojibwe culture. The Band Assembly recognizes that the government of the Mille Lacs Band of Ojibwe can function much more effectively with the confidence and trust of the people, and to acknowledge that the Band membership is entitled to loyalty, integrity and accountability from their elected and appointed officials.
§ 1152. Intent
The intent of this code of conduct is to maximize trust between Mille Lacs Band officials and the people they serve. The conduct of elected and appointed officials of the Mille Lacs Band, whether on or off duty, which adversely reflects on the Mille Lacs Band of Ojibwe is within the scope of this code of conduct.
§ 1153. Definitions
(a) Appointed Officials. Means officials of the Mille Lacs Band, including but not limited to, the Commissioner of Administration, Assistant Commissioner of Administration, Commissioner of Corporate Affairs, Commissioner of Education, Commissioner of Community Development, Commissioner of Finance, Commissioner of Health and Human Services, Commissioner of Natural Resources, Solicitor General, staff members of the Office of the Chief Executive, the Justices and Judges of the Court of Central Jurisdiction, or any other person designated as a Senior Executive Staff employee or members of any board of an official Mille Lacs Band entity that are appointed by the Chief Executive or by Band Assembly members.
(b) Immediate Family. Means a spouse, biological or adopted child, or members of the same household, or the mother, father, sister, or brother of the official.
(c) Elected Officials. The Chief Executive, the Speaker of the Band Assembly, the District Representatives or members of any board of a Mille Lacs Band entity that are elected by Band members.
(d) Mille Lacs Band or Band. The Mille Lacs Band of Ojibwe or any political subdivision thereof or any entity the majority of which is owned by the Band.
§ 1154. Conduct
The conduct of elected and appointed officials of the Mille Lacs Band reflects on the character and integrity of the entire membership. Band officials should conduct themselves in a manner that does not discredit their position, the Band, or the people they represent. Officials with
§ 1155. Behavior
Officials of the Mille Lacs Band hold positions of honor and respect which place them in a position of high public visibility and provide them with the opportunity and responsibility to be positive role models for the people they serve today as well as for future generations.
§ 1156. Conflicts Of Interest
It is the duty of all Mille Lacs Band officials to pursue and protect the best interests, needs, and welfare of the Band. Their personal interests or interests of their friends, immediate family, or businesses shall be subordinated to the larger, best interests of the Band. Basic honesty, sound judgment and common sense are requisite for avoiding conflicts of interest and perceived conflicts of interest.
§ 1157. Prohibited Activities
The following activities are prohibited;
(a) Misusing public office or position for private or personal gain.
(b) Attempting to make or influence Mille Lacs Band or political subdivision decisions outside official processes.
(c) Voting or participating in official decisions in matters where the official has a personal or economic interest greater than that of other Mille Lacs Band members or employees.
(d) Soliciting or accepting Mille Lacs Band contracts for work without going through the prescribed procurement process.
(e) Making unauthorized commitments or promises of any kind purporting to bind the Mille Lacs Band.
(f) Improperly using Band resources for private or personal gain.
(g) Practicing or supporting unfair employment or business practices, such as but not limited to nepotism, harassment or retaliation.
(h) Improperly using their position to coerce or attempt to coerce anyone in order to further their personal interests or the interests of immediate family.
(i) Interfering or attempting to interfere or inappropriately influence the Court in a pending case or case that may go before the Court.
(j) Hindering, interfering or attempting to interfere in any civil or criminal investigation conducted by an appropriate official having jurisdiction to perform such an investigation.
(k) (1) Soliciting or accepting any gift, gratuity or service with a value of more than $100.
(2) An official shall not accept gifts, gratuities or services totaling in the aggregate more than $500 in any fiscal year.
(3) Nominal gifts, gratuities or services with a value of less than $25 will not be considered for purposes of paragraph (k)(2).
(l) Receiving compensation for work performed from any person or entity other than the Mille Lacs Band of Ojibwe or political subdivision thereof that could reasonably be perceived by band members as conflicting with Mille Lacs Band interests.
(m) Knowingly or intentionally violating any other Mille Lacs Band statute.
(n) Using a Band credit card for unauthorized purposes or personal reasons other than those expressly authorized by Band law.
§ 1158. Recording of Gifts
(a) All elected and appointed officials of the Mille Lacs Band receiving gifts in goods or services in excess of $25, whether intended as a gift to the official or to the Band, shall record or cause to be recorded such gift with the Band Assembly
(b) Any gift in excess of $100 to an official may only be accepted as a gift to the Band.
(c) Gifts in goods or services from family members or pursuant to the customs and traditions of the Band are exempt from the provisions of this Chapter.
§ 1159. Public Relations
Good public relations require that Band officials cannot be separated from the people they were chosen to represent. They are bound, the same as other persons, to tell the truth, to respect individuals and their property, and to abide by the requirements of the law. An orderly society cannot exist if individuals can choose to follow only the laws with which they agree.
§ 1160. Complimentary Services
(a) All elected and appointed officials are to pay for all services, that they receive, including meals, at any facility owned by the Band or any political subdivision therof including the Corporate Commission of the Band except as expressly authorized under Band law.
(b) Complimentary services may occur only under the following restrictions;
(1) When hosting vendors, potential vendors, dignitaries, officials of any non-Band government, guests of the Mille Lacs Band or for any other bona- fide Mille Lacs Band governmental purpose; and
(2) Under no circumstances shall Band officials provide complimentary services to another Band official or themselves unless governmental business is being transacted or another non-Band party is being hosted.
(c) All complimentary slips shall contain the following;
(1) name(s) of person(s) being hosted, if applicable; (2) purpose/reason for the transaction; (3) entity the guest represents if applicable; (4) date; (5) program budget to be charged which must have sufficient funds available; (6) signature of the official authorizing the comp.
(d) The Chief Executive, and Executive Officers as defined in 4 MLBSA § 4 and as amended, as well as any full-time employee within the Executive Branch expressly authorized by the Chief Executive shall be permitted to sign complimentary slips.
(e) The Secretary/Treasurer, District Representatives of the Band Assembly and the Commissioner of Finance as well as any full-time employee within the Legislative Branch expressly authorized by the Secretary/Treasurer shall be permitted to sign complimentary slips.
(f) The Chief Justice as well as any full-time employee within the Judicial Branch expressly authorized by the Chief Justice shall be permitted to sign complimentary slips.
(g) Any complimentary slip not authorized or in conformity with this Act or any other law of the Band may be recovered from the official or employee as the case may be or their estate by;
(1) Set off against accrued pay, retirement credit, or any other amount do the official/employee;
(2) Deduction from any amount due from the Mille Lacs Band; (3) Such other method as provided for by law.
§ 1161. Unity
Dedication and cooperation inspire unity. Unity is essential in order to ensure the long term survival of our culture, our people and our nation. In order to promote unity, Band officials must be committed to:
(a) Demonstrating the highest standards of personal integrity, truthfulness and honesty in all their activities in order to inspire public
(b) Constructively promoting and supporting open communications with the membership and employees in a positive and professional manner.
(c) Serving the membership with respect, concern, courtesy and responsiveness, recognizing that service to the Band and its membership is more important than service to oneself.
§ 1162. Authority
(a) The Joint Session of the Band Assembly described in 3 MLBSA § 24 shall have the authority to issue oral or written reprimands or to suspend an official with or without pay for any violation of this code. Such authority shall not serve to infringe upon any other disciplinary, civil or criminal action that may otherwise be available.
(b) Any elected official of the Mille Lacs Band, found by a majority of the Joint Session, after appropriate hearing, to be in violation of this code may be subject to the provisions and penalties set forth in this code of conduct and to any and all other remedies that may otherwise be available.
(c) Any appointed official of the Mille Lacs Band found by a majority of the Joint Session, after appropriate hearing, to be in violation of this code may be subject to the provisions and penalties set forth in this code of conduct and to any and all other remedies that may otherwise be available.
§ 1163. Responsibility
(a) It is the responsibility of all Mille Lacs Band officials and employees to report any violations of this code. A Joint Session shall be convened to hear matters involving violations of this code upon a written petition signed by three or more members of the Joint Session.
(b) It is the responsibility of all Band officials and employees to disclose waste, fraud, abuse or corruption to appropriate Mille Lacs Band authorities.