Title ADM — Government Administration

Chapter ADM.01 — Procedures Ordinance

Legislative History

1. Procedures Ordinance approved by Tribal Council November 21, 1939.

2. Resolution No. 0740, adopted March 9, 1981.

3. Resolution No. 0917, adopted Feburary 8, 1985.

4. Resolution No. 1401-93, adopted September 7, 1993.

5. Resolution No. 59-99, adopted September 7, 1999, approved by BIA November 1, 1999.

6. Resolution No. 056-02, adopted October 1, 2002, approved by BIA October 18, 2002.

7. Resolution No. 046-07, adopted June 19, 2007, partially approved by BIA April 16, 2012.

8. Resolution No. 023-16, adopted February 3, 2016, approved by BIA February 22, 2016.

9. Resolution No.032-021, adopted May 18, 2021. Approved by BIA May 26, 2021.

Section ADM.01.01 — Authority, Purpose, Jurisdiction And Definitions

(a) BE IT ENACTED, by the Stockbridge-Munsee Tribal Council in regular meeting assembled on November 21, 1939, pursuant to Section 11 (H), Article VII, of the Tribal Constitution that, the procedures of the Council, and of the committees and other offices of the Council, shall be regulated by the following provisions, as amended.

(b) This ordinance is intended to ensure that tribal meetings are conducted in an organized manner that both provides for participation by tribal members and allows the tribal government to operate and conduct tribal business in a timely and efficient manner.

(c) This ordinance shall apply in relation to the conduct of the Council and Committees. The Stockbridge-Munsee Community has subject matter jurisdiction over such matters based on its authority to regulate its own operations and the conduct of tribal members.

(d) Definitions.

(1) "Committee" refers to committees, boards, commissions and other similar entities established by the Council to assist the Council with conducting tribal business.

(2) "Community" refers the Stockbridge-Munsee Community.

(3) "Council" refers to the Stockbridge-Munsee Tribal Council, which is the duly-elected, governing body of the Stockbridge-Munsee Community.

(4) "Executive session" refers to a portion of a meeting that is closed to persons other the members of the Council or the applicable Committee, as well as any invited persons, and is used for the discussion of confidential matters.

(5) "In-session meeting" refers to a duly-called meeting where the Council or a Committee may take action, such as a regular Council meeting. It does not include meetings such as semi-annual meetings and working meetings.

(6) "Member" refers to a duly-enrolled member of the Community.

(7) "Open session" refers to the proceedings of a meeting that are held in a place open and reasonably accessible to members.

(8) "Reservation" refers to proclaimed reservation lands and tribal lands held in trust for the benefit of the Community as well as individual trust lands under the jurisdiction of the Community.

Section ADM.01.02 — Actions Affecting Civil Or Property Rights

(a) Any general regulative act affecting the civil or property rights of the Community proposed for enactment by the Council, shall first be the subject of a motion passed by the Council.

(b) Such motion, including a brief of the proposed resolution or ordinance, shall be publicized by Council members themselves and by written notices posted in public places within the Reservation for a period of not less than fourteen (14) days prior to the Council meeting at which final action on the given measure shall be taken.

Section ADM.01.03 — Open Meetings

(a) It shall be the right of any Member to attend officially-called in-session meetings of the Council or of a Committee and to be heard from the floor upon recognition by the President or the Committee chair, as applicable.

(b) In the event the President should deny the floor to any such member, the Council or a Committee shall by a vote decide the question of allowing said member to be heard.

(c) The open session portions of tribal meetings are open to the attendance and participation of Members subject to the terms of this ordinance. Tribal meetings are not open to persons other than Members without specific authorization or invitation.

(d) Tribal meetings are normally conducted in open session; however, the Council or a Committee may go into an executive session when appropriate as provided for under this ordinance.

(e) All motions or other actions must be taken during open session of an in-session meeting. Action taken based on discussion during an executive session shall occur during open session.

(f) By majority vote, Members may be removed from attendance at an open session portion of a meeting if, following a warning, the Member willfully interrupts the meeting so that an orderly meeting cannot be conducted.

(g) Notice of an in-session meeting shall be posted prior to the meeting in accordance with this ordinance.

Section ADM.01.04 — Removal From Committees

The Council, by a majority vote, may summarily remove a member of any Committee or other officer appointed by the Committee for neglect of duty or malfeasance in office. Neglect of duty includes, but is not limited to, missing three consecutive in-session meetings without providing an excuse prior to the meeting.

Section ADM.01.05 — Voting

(a) The vote of the Council in the passing of motions, adoption of resolutions, and enactment of ordinances shall be taken in the following manner:

(1) Motions - by acclamation;

(2) Resolutions - by show of hands;

(3) Ordinance - by resolution.

(b) The President, or Vice-President in the President's absence, may require a vote by roll call in any case for the purposes of an accurate count or the record.

(c) The President, or Vice-President in the President's absence, has a right to vote on any matter before the Council, including to break or to create tied votes.

(d) The majority of votes cast, ignoring abstentions, is sufficient for the adoption of any motion other than those that require a super-majority vote.

(e) A tie vote results in a motion being defeated.

Section ADM.01.06 — Semi-Annual Meetings And Membership Meetings

(a) Semi-Annual Meeting.

(1) It shall be the duty of the Council at semi-annual meetings with members of the Community to report on the progress of programs during the half year proceeding, and to present its definite program proposed for the ensuing half-year.

(2) Full opportunity shall be given to the members of the Community to discuss these two reports in order that the Council may be guided thereby.

(3) The Council is not in-session at such semi-annual meeting and no official action can be taken.

(b) Membership Meeting. The Council may call membership meetings as appropriate to discuss issues of interest to the Community; however, the Council is not in session at such meeting and no official action can be taken.

Section ADM.01.07 — Tribal Records

(a) Minutes shall be taken in relation to the discussion and actions at any in-session meeting.

(b) The Council shall regularly, following meetings, publish and distribute directives identifying actions taken by the Council during an in-session Council meeting to Tribal departments, the Mohican News and interested Tribal members upon request. Such publication may be in electronic format, in order that all members of the community may be informed on the nature of the tribal business transacted.

(c) Within 36-hours of the conclusion of an in-session Council meeting, a motions list corresponding to agenda items shall be prepared and distributed to the Council. Such motions list shall report the agenda item by name and all corresponding motions regardless of whether they pass, fail or die for lack of a second.

(d) The condensed minutes of prior in-session Council meeting(s) shall be presented to the Council for approval at the next Regular Council Meeting, except in exigent situations. In those situations, the condensed meeting minutes shall be presented no later than 30-calendar days after the meeting.

(e) Electronic record.

(1) The Tribal Secretary shall ensure that an audio and/or visual recording is made of the open session portion of in-session Council meetings and shall be the custodian of such recording(s).

(2) The recording requirement may be waived by the Council when there are technical problems that prevent such recording. The Tribal Secretary shall take minutes if there is no audio and/or visual recording of the in-session Council meeting.

(3) Any Member may review the recording of the in-session Council meeting upon making arrangements to do so with the Tribal Secretary (or, if such record has been transferred to the tribal archives, with staff at the Community's library/museum).

(4) Other than the recording by the Tribal Secretary and any security or surveillance recordings, no audio- or visual recordings shall be made of Council meetings.

(f) A copy of the minutes from each in-session Council meeting shall be maintained in the Community's archives.

(g) The Community's monthly financial statements and annual financial audits are open for review by Members. Such review shall take place at the Tribal President's office and copies of the documents may not be removed.

Section ADM.01.08 — Quorum, Location And Participation For Council Meetings

(a) A quorum consisting of a simple majority of the seated Council members is required to be in attendance at an in-session Council meeting in order for the meeting to be officially convened, except when tribal law requires a super-majority.

(b) All Council meetings and Semi-Annual meetings shall be held at the established headquarters of the Community, except as provided under subsections (d), (e), (f) and (g).

(c) Council members must be physically present at meeting(s) in order to participate. Absent Council members may submit their comments in writing, but are not permitted to otherwise participate via telecommunications or other electronic mediums.

(d) A Semi-Annual Meeting may be held at an alternative location on the Reservation, so long as the Council has adopted a resolution authorizing the alternative location at least 7-days prior to the meeting and has posted such notice of the alternative location in tribal posting sites and on the tribal website in a timely fashion.

(e) Membership meetings may be held at such locations as the Council determines to be appropriate, so long as prior notice of the meeting location is posted in tribal posting sites and on the tribal website in a timely fashion.

(f) The Council may hold working meetings at any location. The Council is not in session and does not take any official actions during such working meetings. A quorum is not required for such working meetings. Working meetings are not open meetings.

(g) The Council may hold Council Meetings at an alternative location on the Reservation to comply with the requirements of a public health order as long as that public health order is in effect, so long as the Council has adopted a resolution authorizing the alternative location at least seven (7) days prior to the meeting and has posted such notice of the alternative location at tribal posting sites and on the tribal website in a timely fashion.

Section ADM.01.09 — Persons Authorized To Speak For The Community

(a) It shall be the policy of the Council, pursuant to Article VII of the Tribal Constitution, to conduct all negotiations on behalf of the Community with outside persons or agencies or to identify the parties authorized to conduct such negotiations.

(b) The Community and Council shall not be bound by or assume responsibility for any direct communications or negotiations between Members who are not authorized to speak on behalf of the Community and outside persons or agencies.

Section ADM.01.10 — Regular Council Meetings

(a) Regular Council meetings shall be held on the first and third Tuesday every month, which shall be in-session meetings. Council may adopt ordinances, adopt resolutions, pass motions, or conduct any other Tribal business at regular meetings.

(b) If the Tribal President, and in the President's absence, the Vice-President determines that it is in the best interest of the Community to reschedule the regular meeting, the rescheduled meeting time and place shall be posted at the time the decision to reschedule is made, and at least 24-hours prior to the rescheduled meeting. Rescheduled meetings shall take place within one week of the scheduled regular meeting.

(c) The Council may determine that it is in the best interests of the Community to reschedule a regular meeting for reasons such as, but not limited to, severe weather, expected lack of quorum, or the scheduled regular meeting falling on or near a holiday.

(d) Extensive agendas: In the event the number of agenda items is numerous, and the President reasonably estimates that the Council meeting will likely exceed four hours, then the following options are available to the President:

(1) Do nothing and have a meeting at its regularly scheduled time; or,

(2) Review the agenda items and postpone some agenda items to the next meeting if the agenda item is not time sensitive. In no event, shall agenda items be postponed more than one time; or,

(3) After consultation with the Vice-President and the Treasurer, the President can allocate the agenda items between two agendas.

(A) The agenda items shall be allocated for the regular meeting and a special meeting.

(B) In determining which agenda items shall be included in the regular meeting and which agenda items will be included in the special meeting, the President shall consider the following general criteria.

(i) Administrative issues: Executive session and items that are more administrative in nature such as applying for grants, departmental policies and procedures and reports, employment matters, legal issues, business issues, or other issues that are not time sensitive and can be scheduled for a special meeting. These items may involve Tribal staff and to a lesser degree, anticipated input from community members.

(ii) Community issues: Items that are more Community oriented in nature such as forestry, land, roads, ordinances, or other items that are time sensitive. These items generally involve Community input and are not internal departmental issues.

(C) If two agendas are prepared, the Council shall proceed with the regular Tribal Council meeting and post for a Special Council meeting, pursuant to Section ADM.01.11. The Special Council meeting must occur within three business days of the regular Council meeting, but can be scheduled during normal business hours.

(D) Notwithstanding any other provision or law, quorum for a Special Council meeting under this subsection (d)(3) on split agendas is five Council members.

Section ADM.01.11 — Special Council Meetings

(a) The Tribal President, and in the President's absence, the Vice-President may call Special Council meetings from time to time, which shall be in-session meetings. Council may adopt ordinances, adopt resolutions, pass motions, or conduct any other Tribal business at special meetings, provided that any applicable posting requirements have been met.

(b) If the Tribal President, and in the President's absence, the Vice-President determines that it is in the best interest of the Community to hold a special meeting, the special meeting time and place shall be posted at the time the decision is made and at least 48-hours prior to the special meeting.

(c) Determining that it is in the best interests of the Community to hold a special meeting usually include issues that are not of an emergency nature, involve a considerable amount of time, issues that pertain to one or a few departments, or other factors that generally would make the regular council meeting unnecessarily lengthy.

Section ADM.01.12 — Emergency Council Meetings

(a) The Tribal President, and in the President's absence, the Vice-President may call Emergency Council meetings from time to time, which shall be in-session meetings. Emergency Council meetings shall be considered a form of a Special Council meeting. Council may adopt resolutions, pass motions, or conduct other Tribal business at emergency meetings. Ordinances shall not be adopted at emergency meetings.

(b) If the Tribal President, and in the President's absence, the Vice-President determines that it is in the best interest of the Community to hold an emergency meeting, the emergency meeting time and place shall be posted at the time the decision is made at least 24 hours prior to the emergency meeting.

(c) Determining that it is in the best interests of the Community to hold an emergency meeting usually will include issues that cannot wait until the regular council meeting, such as employment decisions, signing time sensitive contracts, political decisions at the state and federal levels, and other time sensitive issues.

(d) The 24-hour posting may be waived if the Tribal President, or in the President's absence, the Vice-President determines that a substantial loss of funding or revenue will likely result if a contract or grant is not signed within 24-hours. The 24-hour posting may be waived if the Tribal President, or in the President's absence, the Vice President determines that a Community emergency requires immediate attention and that waiting 24-hours will likely result in harm to the Community.

Section ADM.01.13 — Executive Session

(a) The Council or a Committee may, as appropriate, go into an executive session as part of any meeting for purposes of discussion of topics such as, but not limited to, negotiation strategies, legal issues, audits, personnel issues, and other protected or confidential information.

(b) Members, employees or other individuals may be invited to participate in discussions as part of executive session.

(c) Discussions during and materials used as parts of executive session are deemed to be governmental deliberations. Such deliberations shall be considered confidential and shall not be disclosed, except as required by official business necessity to implement direction provided during executive session or as part of an investigation into criminal misconduct.

(d) No minutes or recording shall be made of the discussions during executive session except as required by official business necessity.

Section ADM.01.14 — Meeting Agendas

(a) Persons submitting issues for inclusion on a Council meeting agenda shall provide a written summary, with appropriate supporting documents, of the issue to the Tribal Secretary or designee in a timely manner.

(b) A proposed agenda for each in-session Council meeting shall be identified and posted at the tribal posting places and on the tribal website prior to the meeting in accordance with the requirements under this ordinance for the applicable type of meeting.

(c) The agenda shall identify items submitted for discussion by the Council as well as the full name of the person presenting the item and the presenter's job title or the name of the committee or entity the presenter represents.

(d) The agenda for each regular in-session meeting shall include an "open agenda" portion of the meeting.

(1) The open agenda portion of the meeting provides an opportunity for tribal members to provide comments and/or ask questions on any tribal-related matter. No personnel issues will be discussed during open agenda.

(2) Open agenda typically will be included on the agenda to be held at a particular time during the meeting.

(A) If another agenda item is under discussion at that time, that item will be tabled until the open agenda discussion is complete.

(B) When a meeting agenda is complete, but for open agenda, the open agenda will be held as the last issue for discussion at the meeting prior to the meeting adjourning instead of it being held at the scheduled time.

(3) No motions or resolutions may be adopted during open agenda.

(e) Agenda items offered by Council members shall be placed on the agenda as requested by the presenting Council members, except as provided for under subsection (f).

(f) The President, or Vice-President in the President's absence, shall have final approval of the proposed agenda prior to posting for a meeting, including determining whether items submitted for discussion are placed on the proposed agenda for a particular meeting and whether an item should be in the open or the executive session of that meeting.

(g) The Council shall review the proposed meeting agenda at the beginning of each in-session meeting and may make modifications, such as to add, remove or move items on the agenda, before the agenda is approved by the Council. The meeting shall then be conducted in accordance with that agenda. However, Council may by motion vary from the approved agenda in exceptional circumstances.

(h) An opportunity for open discussion, including tribal member comments, will be provided prior to Council action, if any, on each agenda item.

Section ADM.01.15 — Council And Individual Council Member Authority

(a) The Council may only engage in official action during open session of in-session Council meetings and in accordance with law.

(b) Individual Council members shall not conduct discussions, sign contracts, make commitments or make official representations on behalf of the Community without the consent of the Council or as otherwise provided for through tribal law. This requirement is not intended to infringe on communications as part of the deliberative process between Council members and/or tribal employees, but rather to ensure that individual Council members do not speak on behalf of the Community without proper authorization.

(c) No Council member is empowered to violate tribal law and protocol or chain of command in carrying out the duties of office.

(d) All Council members shall respect, abide by and comply with valid Council actions. An individual Council member shall have the right to challenge a Council action in a meeting, but once an official action is taken by the Council, regardless of the dissent, a Council member shall abide by the action.

(e) Neither the Council nor any individual Council member shall involve themselves in any matter involving a tribal matter unless they do so through the proper, established protocol, and by following the existing chain of command. This includes, but is not limited to such matters such as personnel actions; contracts; tribal law enforcement; procurement and bid process and any matter involving the distribution of tribal assets.

(f) Access to and use of Tribal information.

(1) Except as required by business necessity, individual Council members shall not have access to protected personal information held by various tribal entities during the normal course of business, including but not limited to: personnel; loan; gaming and elder-youth licensing information; insurance or any other records that are individually identifiable to a specific individual.

(2) Individual Council members may only use tribal information, including but not limited to tribal data, documents and documentation, records, contracts and grants, for carrying out their official duties as officially delegated by Council or otherwise through tribal law.

(3) Individual Council members shall not ask or direct any employee or agent of the Community to provide or disclose confidential or proprietary tribal information without the consent of the Council or as otherwise provided for through law.

Section ADM.01.16 — Recusal

(a) Persons with a conflict of interest in relation to a matter before the Council or a Committee shall avoid participation in decisions on such matter. Tribal ethics law, particularly Chapter ADM.02, shall guide what is considered to be a conflict of interest.

(b) Each person shall make the initial assessment as to whether he or she needs to recuse him or herself from a decision.

(c) If a person recuses him or herself from a matter, then that person shall not participate in any discussion or vote on the matter. A majority vote of the persons not recused is sufficient to adopt an action.

(d) Recusal decisions may be challenged by any other member of the Council (or that Committee).

(e) Challenges to recusal decisions must be raised within 15-days of the date that the Council directives or Committee minutes are issued for a particular meeting or such a challenge is barred for not being timely.

(f) If the majority of the Council or a particular Committee (not including the member whose action was challenged) determines that a person should have recused himself or herself from a particular decision, then that person's vote on the matter shall be nullified.

Section ADM.01.17 — Informal Hearing Process

(a) The Council and Committees shall use the following Informal Hearing Process when conducting hearings otherwise authorized under law.

(1) Designated chairperson of hearing opens hearing and asks those present to identify themselves.

(2) Party making complaint (complainant) states views or charges.

(3) Party complained about (defendant) states view or answers charges.

(4) Questioning and/or discussion between parties and Tribal Council.

(5) Defendant has right to ask questions of complainant and vice-versa.

(6) Closing statements asked for by chairperson.

(7) Chairperson recesses hearing.

(8) Tribal Council enters executive session for discussion purpose.

(9) Chairperson re-opens hearing and decision is rendered.

(10) Written decision by Tribal Council goes to both parties within 2 days.

(11) The Tribal Council's decision constitutes a final determination.

(b) This Section ADM.01.17 is procedural and does not create an independent right to a hearing.

Chapter ADM.02 — Code Of Conduct

Legislative History

1. Approved November 19, 1985.

2. Proposed Amendments submitted to Tribal Council November 24, 1985.

3. Resolution No. 074-98, adopted November 17, 1998.

Section ADM.02.01 — Introduction

This Code of Conduct is established by the Stockbridge-Munsee Tribal Council and shall govern the performance of all officers, employees or agents of the Stockbridge-Munsee Tribe engaged in the award and administration of all procurement or contracts. For the purposes of this Code, the term "officer" shall include members of the Tribal Council.

Section ADM.02.02 — Conflict Of Interest

No officer, employee or agent of the Stockbridge-Munsee Tribe shall participate in the selection, or in the award or administration of a procurement or contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:

(a) The officer, employee or agent; and/or

(b) Any member of his or her immediate family; and/or

(d) An organization which employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award.

Section ADM.02.03 — Gratuities

No officer, employee or agent of the Stockbridge-Munsee Tribe shall either solicit or accept gratuities, favors or anything of monetary value from firms or contractors, potential firms or contractors, or parties to subcontracts.

Section ADM.02.04 — Acceptance Of Gifts

An officer, employee or agent may accept a gift from a firm or contractor if such is unsolicited and of nominal value (not to exceed $10.00). Acceptance of such gifts will be limited to items used as advertising by firms or contractors. Acceptance of any other gift shall constitute a violation of this Code. The Stockbridge-Munsee Tribal Council may receive such other gifts as offered by a firm or contractor, which if accepted will be retained by the Tribe in remembrance of a program or project. In addition to the limitation on gifts, also in violation of this Code would be the acceptance of excessive or unusual entertainment, loans or other favors (valued in excess of fifty dollars [$50.00]).

Section ADM.02.05 — Violations

Violation of this Code of Conduct shall be prosecuted as follows:

(a) Any violation of this Code of Conduct by an officer of the Stockbridge-Munsee Community shall be handled by the Stockbridge-Munsee Tribal Council. The Tribal Council will review the violation and take such action against the officer(s) involved as is allowable under the Constitution and By-Laws of the Stockbridge-Munsee Community, including possible removal from the Tribal Council according to the terms of the Constitution, in the event that the "officer" is a member of the Tribal Council.

(b) Any violation of this Code of Conduct by an employee of the Stockbridge-Munsee Community will be handled in accordance with the Information Handbook for Employees of Mohican Nation ("the Green Book"), Sections 4, 6 and 7. Discipline, reprimand, suspension, or termination may result with respect to the seriousness of the violation.

Chapter ADM.03 — Tribal Registry Office

Legislative History

1. Resolution No. 012-02, adopted February 19, 2002, approved by BIA March 5, 2002.

Section ADM.03.01 — Purpose

The purpose of establishing a tribal registry office is to provide an official filing system in order to record and maintain certain documents so as to provide evidence of actions and proceedings that involve tribal people and tribal lands, give notice of such activities, and to preserve a record of these documents.

Section ADM.03.02 — Types Of Records

The types of records to be recorded and filed shall include the following:

(a) Grants of Standard Assignment

(b) Leases

(c) Records documenting land use, including variances, conditional use permits, other permits required under Land Use Code.

(d) Land contracts

(e) Tribal Land Assignment Security Agreements

(f) Bills of sale for houses upon tribal lands

(g) Maps of lands within reservation boundaries

(h) Certified survey maps

(i) Cemetery plats

(j) Marital property agreements

(k) Court-ordered transactions affecting tribal lands

(l) Tribal enrollment records

(m) Name Changes

(n) Marriages

(o) Divorces

(p) Deaths

Section ADM.03.03 — Recordable Documents

The original, a signed duplicate, or certified copy of the document listed above shall be submitted for recording and filing.

Section ADM.03.04 — Accessibility

It is the policy of the Stockbridge-Munsee Community to allow the Tribe and tribal members to have access to tribal land records, tribal enrollment records, and related documents unless such access would violate the Privacy Act (5 U.S.C. 552a).

Section ADM.03.05 — Uses

Documents recorded are used to give notice of land uses, verify legal instruments, create land abstracts, locate property lines, draw plats, research historical data, assist courtroom testimony, do genealogical searches, provide proof of ownership, and other uses.

Section ADM.03.06 — Person Responsible For Tribal Registry

The person assigned to be responsible for maintenance and safe-keeping of records shall be the Tribal Land and Enrollment Manager.

Section ADM.03.07 — Duties Of Responsible Person

The Land and Enrollment Manager shall:

(a) accept for filing all records presented to his/her office as listed above.

(b) endorse each document

(d) assure the safe-keeping of all records filed.

(e) provide accessibility to records in accordance with D. above, and shall issue copies as requested.

Section ADM.03.08 — Receiving And Recording Of Documents

Each document recorded shall be endorsed on its face with the date and time received, volume where document is recorded, and signature of registrar. Documents shall be recorded by the order in which they are received.

Section ADM.03.09 — Files Maintenance

A safe and fireproof filing and retrieval system shall be established by the Land and Enrollment Manager for all documents recorded.

Section ADM.03.10 — Electronic Records

Electronic records shall be electronically secure and back up stored in remote location.

Section ADM.03.11 — Effective Date

This Chapter shall become effective 30 days after approval by the Stockbridge-Munsee Community.

Section ADM.03.12 — Coverage, Severability, Amendments

(a) This Chapter shall be binding on all entities, enterprises, and organizations operating under the Stockbridge-Munsee Community and all other tribal laws requiring recording shall abide by this Chapter.

(b) If any provision of this Chapter is ruled illegal by a court of competent jurisdiction, the remaining provisions shall remain unaffected.

Chapter ADM.04 — Stockbridge-Munsee General Welfare Ordinance

Legislative History

1. Resolution No. 056-25, adopted September 2, 2025

Section ADM.04.01 — Enactment and Purpose.

(a) Purpose. The Stockbridge-Munsee Community (the "Tribe"), a federally recognized Indian tribal government, exercises its inherent rights of sovereignty to promote the general welfare of the Tribe, its self-determination, culture, and tradition, by providing Indian general welfare benefits within the meaning of Internal Revenue Code Section 139E. Both the United States Congress, through its enactment of the Tribal General Welfare Exclusion Act of 2014, and the Internal Revenue Service, through its traditional application of the general welfare doctrine, have long recognized the sovereign right of Indian tribal governments to provide financial assistance to individuals under certain circumstances on a non-taxable basis. This Ordinance is intended to affirm the Tribe's inherent sovereign rights to promote the general welfare of the Tribe and provide qualifying Assistance and Program benefits on a tax-free basis. The purpose of this Ordinance is to memorialize the procedures used by the Tribe in establishing Programs for the promotion of the general welfare of the Tribe and in developing Program Guidelines for compliance with the general welfare doctrine and Internal Revenue Code Section 139E.

(b) Ratification of Prior Acts; Intent of Legislation. The Tribal Council, through its elected Council members, as the legislative body of the Tribe, has traditionally exercised the Tribe's inherent sovereign right to provide general welfare assistance by tribal custom and government practice in order to promote the general welfare, self-determination, culture and tradition of the Tribe. Assistance provided prior to the enactment of this Ordinance, or any amendments hereto, is hereby ratified and confirmed as general welfare assistance pursuant to the authority of the Tribal Constitution and laws, and the inherent powers of the Tribe to promote the general welfare. This Ordinance is not intended to invalidate or supplant traditional exercises of sovereignty and culture. All Assistance authorized by the Tribal Council to promote the general welfare of this Tribe is, and has been, intended to reflect the inherent rights and sovereign acts of the Tribe within the principles reflected under the General Welfare doctrine, as codified in the Act. This Ordinance, therefore, does not create or establish rights, which are hereby declared to be an inherent right of sovereignty vested with the Tribe. Rather, this Ordinance is intended to confirm, clarify, and codify the procedures used in exercising its inherent rights in promoting the general welfare, self-determination, culture and tradition of the Tribe. Nothing in this Ordinance shall be used to invalidate acts of the Tribal Council which have the force of law.

(c) Scope of Non-Taxable Benefits. The Assistance authorized by this Ordinance is intended to qualify for favorable tax treatment under the Act to the fullest extent permitted at law.

(d) Federal Trust Responsibility. The federal government, through its government-to-government relationship with the Tribe, through its trust relationship with the Tribe, and through treaty, statutes, and executive orders, owes certain obligations to the Members of the Tribe, much of which has been curtailed through budget shortfalls, which the Tribe seeks to supplement, through acts of self-determination, in part through this Ordinance. The Tribe reserves the right to provide Assistance, including circumstances where federal funding is insufficient to operate federal programs designed to benefit Tribal members, and when federal funding is insufficient to adequately and consistently fulfill federal trust responsibilities. Nothing herein shall waive the Tribe's right to seek funding shortfalls or to enforce the trust rights of the Tribe and its Members. The Tribe shall be entitled to government-to-government consultation and coordination rights regarding issues arising from or related to this Ordinance and its implementation. Nothing herein shall be construed as a waiver of federal trust responsibility.

Section ADM.04.02 — Definitions and Key Concepts.

For purposes of this Ordinance, the following words and phrases shall have the meanings set forth. All words not defined herein shall be used in their ordinary and everyday sense.

(a) "Act" means the Tribal General Welfare Exclusion Act of 2014, Public Law 113-168, 128 Stat 1883 (2014), codified at 26 U.S.C. §139E.

(b) "Assistance" means any Program benefits or payments that qualify for tax free treatment under the Act.

(c) "Beneficiary" means any person or persons entitled to receive Assistance in accordance with specific Program guidelines.

(d) "Code" means the Internal Revenue Code of 1986, as amended.

(e) "Council" means the elected governing tribal council of the Tribe.

(f) "Dependent" means a qualifying child, a qualifying relative, or an individual determined to be a dependent according to a tribal ordinance, law or policy.

(g) "Disability" or "Disabled" means a physical or mental impairment that substantially limits one or more major life activities, or a person suffering from such impairment. The Ordinance is not limited by disability determinations for Social Security or other purposes.

(h) "Effective Date(s)" means the effective date of this Ordinance which is the date on which the Bureau of Indian Affairs, as required by the Tribe' Constitution, provides final approval. Programs that satisfied the Act prior to the foregoing effective date by prior ordinance, program, custom or government practices, retain the earlier such effective dates.

(i) "Lavish" or "Extravagant" means something that is excessive, generous or luxurious in a way that is not necessary or reasonable given the context. These terms shall have the meaning determined by the Council in its sole discretion based on all facts and circumstances, for each Program, taking into account needs unique to the Tribe, including culture, cultural practices, history, geographic area, traditions, resources and economic conditions or factors, as well as the social purpose being served by the particular Assistance at hand.

(j) "Member" or "Tribal Member" means any person, regardless of age, who is an enrolled member of the Tribe.

(k) "Misuse of Assistance" means use of Assistance payments for purposes other than those set forth in the Program Guidelines. Misuse of Assistance may result in penalties by both the Tribe and the IRS.

(l) "Ordinance" means the General Welfare Assistance Ordinance, as amended.

(m) "Program" means any program established by or under authority of the Tribal Council, including any program authorized through the annual budget process, to provide Assistance hereunder. A Program shall not fail to be treated as an Indian tribal government Program solely by reason of the Program being established by tribal custom or government practice.

(n) "Program Guidelines" means approved Program descriptions, including the purpose, eligibility rules and limitations, along with application forms and procedures.

(o) "Qualified Nonmember" means a spouse, former spouse, legally recognized domestic partner or former domestic partner, ancestor, descendant, or Dependent of a Member of the Tribe. Individual Programs may, but are not required to, cover Qualified Nonmembers in accordance with the Program Guidelines for each Program.

(p) "Safe Harbor Program" means a Program that meets the requirements of Article III, Section 3.2 and IRS Revenue Procedure 2014-35, as the same may hereafter be amended. Need shall be presumed for Assistance provided under a Safe Harbor Program.

(q) "Spouse" means a husband or a wife in a relationship and the legal significance of this terms shall be determined in accordance with Tribal laws, customs and traditions.

(r) "Tribe" means the Stockbridge-Munsee Community, a federally recognized Indian tribal government.

Section ADM.04.03 — General Welfare Assistance.

(a) Criteria for General Welfare Programs.

(1) Federal law at both IRS Code Section 139E and the IRS Safe Harbor, contains substantially similar criteria that Programs need to meet in order to have Assistance treated as non-taxable income under the Act.

(2) The following criteria are intended to be read in a manner that satisfies any applicable requirements to ensure that each payment made or service provided to or on behalf of a Beneficiary pursuant to a Program under this Ordinance shall be treated as non-taxable Assistance under the Act.

(A) Assistance is provided under a specific approved Program of the Tribe;

(B) The Program is intended for the promotion of the general welfare of eligible Beneficiaries as described further under subsection ADM.04.03 (b);

(D) Assistance is available to any Tribal Member, Qualified Nonmember, or identified group of Tribal Members or Qualified Nonmembers who satisfy the Program Guidelines, subject to budgetary restraints;

(E) The distribution of Assistance from the Program does not discriminate in favor of the Council of the Tribe;

(F) Assistance is not compensation for services; and

(G) Assistance is not Lavish or Extravagant under the facts and circumstances.

(b) Promotion of General Welfare. All Assistance disbursed pursuant to this Ordinance shall be designed to promote the general welfare, self-determination, culture and tradition of the Tribe.

(1) The Council shall establish objectives for the furtherance of the general welfare, self-determination, culture and tradition of the Tribe and assess progress on said objectives in connection with its annual budgeting review or at other times called for by the Council. Approved Programs shall be renewed, established, modified, or terminated based upon the needs of the Tribe as compared to the objectives set by the Council from time to time hereunder.

(2) All Programs hereunder shall provide a social benefit for the promotion of the general welfare of the Tribe and be limited to purposes consistent with treatment under this Ordinance.

(A) Such purposes may include, for example and not by way of limitation, assistance for medical care, food, shelter, health, education, subsistence, housing, elder and disabled care, assistance to meet cultural, traditional and religious needs of the Tribe and its membership, and assistance to promote self-sufficiency, self-determination, Tribal image, entrepreneurship, and the employment of Tribal Members.

(B) Programs can be intended to serve individual needs, to help meet community needs, or both.

(C) Community needs often are based in overall issues that impact the general welfare of Beneficiaries regardless of an individual's economic status. For example, the Tribe recognizes that all Members face historic and institutional obstacles based on their tribal status and that some Assistance payments may be issued as a way to help Beneficiaries address these obstacles.

(3) Designation by the Council of a Program as falling under this Ordinance shall be conclusive evidence that the Council, following a good faith review of Tribal needs and goals, has determined that said Program is established to achieve a social benefit and to promote the general welfare of the Tribe.

(4) The Council reserves the right to enact, change, or terminate Programs in its sole discretion.

(1) Programs and/or Assistance, such as provision of items of cultural significance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of tribal culture, shall not be considered or treated as compensation for services.

(2) To the extent applicable, the Tribe will presume that individual need is met for religious leaders or spiritual officials or leaders (including but not limited to medicine men, medicine women, and shamans) receiving Assistance through a Program.

(3) Examples falling under this provision include nominal cash honoraria provided to religious or spiritual officials or leaders to recognize their participation in cultural, religious and social events, including but not limited to pow wows, funerals, wakes, burials or other bereavement events.

(d) Other Tax Exemptions. Notwithstanding anything herein to the contrary, the Tribe reserves the right to waive income limits or needs basis criteria for expenditures that otherwise qualify for tax exemptions including tax exemptions under Titles 25 or 26 of the United States Code so long as the conditions for exemption are met. Without limitation, this includes Member medical benefits exempt under Section 9021 of the Patient Protection and Affordable Care Act of 2010 (Code Section 139D) and per capita expenses exempt under 25 U.S.C. Sections 117a-c, 1407 and 1408.

Section ADM.04.04 — Administration of Programs.

(a) General. The Council and its designees shall be charged with the responsibility and authority to administer all Programs called for by this Ordinance. All powers and duties conferred on the Council or a designee shall be exercised or performed in the exercise of its discretion regardless of whether the provision conferring such power or imposing such duty specifically refers to such discretion. All decisions of the Council upon all matters within the scope of its authority shall be binding and conclusive upon all persons. This provision is not intended to eliminate a Beneficiary's right to seek reconsideration from a negative Council decision arising from a matter under this Ordinance as provided for under the Ordinance.

(b) Official Capacity. All actions taken by an authorized individual to administer Assistance and Programs shall be conclusively presumed to be done in the individual's official capacity.

(1) The Council or its designee shall prepare written Program Guidelines.

(2) No payments shall be made in connection with a Program to or on behalf of individual Beneficiaries, unless a specific Program authorizing such payment has been approved by the Council or its designee.

(3) Program Guidelines may limit Assistance to an identified group of Members or Qualified Nonmembers, as applicable.

(4) Subject to the availability of funds, the Program must be available equally to all individuals who meet the eligibility requirements, which shall not discriminate to the detriment of individuals on the basis of race, religion, age, sex, sexual orientation, income, geographic location or physical or mental disability.

(5) All Programs may be limited by budget availability.

(6) In the absence of specific Program Guidelines to the contrary, all Programs shall incorporate eligibility criteria necessary for compliance with Code Section 139E.

(7) The Tribe reserves the right to include or reject individual means testing as an eligibility requirement in a Program. The Tribe recognizes such testing can be appropriate in some instances but may be inconsistent with cultural and community values for other Programs.

(d) Documentation. The Tribe or its designee shall keep books or records deemed appropriate to demonstrate compliance with the Ordinance. Beneficiaries are responsible for maintaining books or records as may be required for substantiation to the IRS for individual income tax purposes.

(e) Source and Character. The Council may designate funding sources that are available for the payment of Assistance benefits including those from grants and contracts, operating trust funds, economic development settlement monies, and/or other revenues including without limitation indirect cost recovery, investment earnings, casino equipment fees and current and prior year casino distribution monies. Payment of Program benefits from a funding source with preferential tax treatment, resource or asset protection shall retain said status to the extent permitted at law.

Section ADM.04.05 — Use of Assistance.

(a) All Assistance provided to a Beneficiary through a Program shall be used for the purpose stated in the approved Program Guidelines and consistent with any limitations established for that Program.

(b) Funds that are not used consistent with the purposes of the Program lose their tax-exempt status. The Tribe has no responsibility for any tax consequences to the Beneficiary. The Tribe suggests Beneficiaries retain receipts for three (3) years as evidence that Assistance has been used for tax-exempt purposes in the event Beneficiary is the subject of an IRS audit.

(c) Funds that are not used consistent with the purposes of the Program may be considered Misused and subject to forfeiture consistent with ADM.04.08.

Section ADM.04.06 — Assistance Payments.

(a) Assistance may be paid directly to individual Beneficiaries; institutions that receive the payment on behalf of a Beneficiary (such as an educational institution); or to minors' trusts or a special needs trust on behalf of Beneficiaries who are minors or adjudicated as incompetent.

(b) The form and amount of the Assistance and the nature of payment can vary based on the approved Program Guidelines.

(1) The Tribe recognizes that pro rata payments (uniform payments to each tribal member) are permissible under the Act and that distributing benefits in equal amounts is often the most efficient method to issue Assistance, particularly when addressing community-wide needs.

(2) Assistance to a minor or incompetent Beneficiary generally shall be placed into a protective trust for use on their behalf. By placing the Assistance into a protective trust, the nature of the Assistance shall not be changed. The Tribe intends the payment to remain an Assistance payment excluded from gross income upon distribution if used for general welfare purposes.

Section ADM.04.07 — Means Testing, Privacy, Consultation.

(a) Programs Not Limited to Means Testing. The Tribe reserves the right to not require a showing of individual need or means testing for Programs. The Council's determination of individual or community need when establishing a Program as well as individual attestations of need provide bases for non-taxable treatment under the Act in lieu of individual showings.

(b) Privacy/Information Sharing. Confidential tribal information shall not be shared in a manner that would open up additional disclosure, for example, under information sharing agreements where the recipient may be subject to or under the Freedom of Information Act. Individuals working on Program applications may be required to execute a confidentiality agreement on a form approved by the Council.

(c) Government-to-Government Relationship; Executive Order 13175 issued by President Clinton on Consultation and Coordination with Tribal Governments. Coordination with IRS and the United States Treasury Department on general welfare matters shall be grounded on a government-to-government relationship that recognizes the unique relationship between the federal government and the tribal government. The federal government, as a result of its treaty obligations and trust responsibility, has committed to providing education, housing, clean water, and many other basic needs for Indian people. Through a conscientious shift in policy in recent decades, the federal government has encouraged the Tribe itself to provide for such needs in partnership with the federal government and, increasingly in recent years, instead of the federal government. Essential to the government-to-government relationship is mutual respect and deference to Tribal governance decisions. Future consultations on general welfare matters should reflect these concerns and the fact that the tribal government, through its own policy setting process, is best situated to determine the needs of the Tribe and its Members and the appropriate policy solutions. All references to Executive Order 13175 shall include any future amendments thereto.

Section ADM.04.08 — Forfeiture of Assistance.

(a) Notwithstanding anything herein to the contrary, any Beneficiary who is found by the Council to have misused Program funds forfeits such Assistance. Any Misuse of Assistance must be repaid to the Tribe.

(b) If Assistance is used or pledged for a purpose inconsistent with the purpose set forth in an approved Program, then the payment shall be deemed forfeited.

(c) Assistance issued in error based on misrepresentation by a Beneficiary will be forfeited or revoked. The Tribe has a right to recover from any Beneficiary who received excess or improper Assistance payment, through mechanisms that include, but not limited to, the Stockbridge-Munsee Tribal Court.

(d) No Assistance payment shall be made to an individual Beneficiary if that person is not alive at the time the payment is to be made. Since Assistance is based on need, a Beneficiary's death eliminates eligibility. This is the general rule applicable to the Assistance; however, the Program Guidelines may deviate from this approach if there is Assistance that is payable after death of the individual like a burial assistance program.

Section ADM.04.09 — Limitations on Garnishment, Levy, Attachment.

(a) Anti-Alienation. Assistance payments under this Ordinance are not subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, attachment, levy or garnishment by creditors of the Beneficiary, unless otherwise stated in this Ordinance.

(b) Garnishment In Some Cases. Except as otherwise authorized by federal law, Assistance shall be garnished only if the Council specifically designates within the Program Guidelines, or by law, that the Assistance shall be eligible for garnishment and such garnishment is subject to the following limitations.

(1) Judgments for Obligations Owed to the Tribe. The Tribe may garnish Assistance for payment to the Tribe for any amounts due to the Tribe as established by a court of competent jurisdiction by judgment. Any remaining funds will be distributed to the Beneficiary unless there is a judgment for child support per subsection (2).

(2) Judgments for Amounts for Child Support.

(A) A parent, guardian, court-appointed trustee, child support agency, or other individual or entity, who has lawfully provided for the support of any minor child, may submit a court-ordered withholding order or request the court-ordered garnishment of any responsible Beneficiary's Assistance for the support of the minor child.

(B) Garnishment for child support shall be effective only if there is a valid, final, court order or judgement that is enforceable in accordance with Stockbridge-Munsee Child Support Code, Chapter YAE.09; the Stockbridge-Munsee Recognition and Enforcement of Foreign Judgments, Section TCT.05.22; and the Full Faith and Credit for Child Support Orders Act (28 U.S.C. §1738B).

(D) If the Beneficiary has obligations both to the Tribe under subsection (1) and this subsection (2) for child support, then the following shall be utilized.

(i) 50% of the Assistance will be allocated to the Tribe for satisfaction of judgments owed to the Tribe.

(ii) 50% of the Assistance can be applied to amounts owed for child support regardless of the number child support orders. If there is more than one child support order, than the allocation for child support should be apportioned equally among the child support orders.

(E) In the event the amount owed under either subsection (1) or (2) is less than 50% of the Assistance, then the remaining amount shall be allocated for the payment of the other debt.

(F) In the event the amount owed under both subsections (1) and (2) total less than 100% of the Assistance, the remainder shall be payable to the Beneficiary.

Section ADM.04.10 — Miscellaneous.

(a) Governing Law; Sovereignty. All rights and liabilities associated with the enactment of this Ordinance, or the Assistance payments made hereunder, shall be construed and enforced according to the laws of the Tribe. The Tribal Council, through the Stockbridge-Munsee Constitution, is vested with the authority and discretion to construe the terms of the Ordinance. In the event of a disagreement in interpreting the requirements of this Ordinance, the Tribal Council's decision is final. Nothing in this Ordinance or the related policies or procedures, if any, shall be construed to make applicable any laws or regulations which the Tribe is entitled to exemption from, in accordance with its sovereign status. Nothing herein shall be construed as a waiver of sovereign immunity.

(b) Dispute Resolution and Reconsideration. The Council has final authority on disputes arising under this Ordinance; however, Beneficiaries are entitled to due process rights regarding a dispute arising from this Ordinance. This due process is provided in the form of Beneficiaries petitioning the Council for reconsideration of a decision that negatively impacts them or the Assistance for which they may have applied. Any petition for reconsideration must be submitted in writing to the Tribal Secretary within 20 days of the action that impacted them negatively.

(c) Legislative History; Rules of Construction. The following subsections detail the legislative history regarding consultation and legislative efforts by tribes, tribal organizations, the United States Treasury Department and the United States Congress in relation to the Tribal General Welfare Exclusion Act of 2014 and shall be taken into account in construing the terms and application of this Ordinance:

(d) Following a series of IRS audits largely concentrated from 2003-2011 in which tribal programs were subjected to review and, in some cases, members were subjected to taxation, tribes and tribal organizations joined in efforts to secure better guidance with regard to the taxation of member benefits. In 2011, the United States Treasury Department and IRS commenced national efforts to improve guidance on tribal general welfare matters. Notice 2011-94 invited comments from tribal governments concerning the application of the Act to Indian tribal government programs. Tribes participated in that process individual and through joint comments with tribal organizations seeking clarity with regard to the sovereign right of tribes to provide tax free assistance based on non-financial need criteria including the preservation of culture and tradition. Tribes also participated in individual consultation efforts wherein IRS and Treasury acknowledged the need to address and accommodate unique tribal issues such as preservation of culture and tradition.

(e) On December 5, 2012, the IRS and Treasury Department issued Notice 2012-75 proposing new guidance and providing interim relief under the Act for Programs that meet designated safe harbor rules. On June 3, 2014, the Treasury Department issued final guidance in the form of Revenue Procedure 2014-35 confirming that IRS will not tax Member Assistance that meets designated IRS safe harbor requirements.

(f) In September of 2014, tribal representatives and tribal organizations worked with the United States Congress to clarify that Bills then pending in the House (HR 3043) and in the Senate (SB 1507) were in fact intended to expand tribal general welfare exclusion rights and build upon the safe harbor and general test relief previously recognized by the IRS and the Department of Treasury. On September 17, 2014, Senators Moran and Heitkamp, co-sponsors of SB 1507 engaged in a colloquy with the Chairman of the Senate Finance Committee, Senator Wyden, on the Congressional Record of the Senate confirming their understanding and intent that:

(1) IRS would apply SB 1507 "no less favorable than the safe harbor approach provided for in Revenue Procedure 2014-35, and that in no event will IRS require an individualized determination of financial need where a tribal Program meets all other requirements of new section 139E as added by the bill."

(2) The bill requires that "any ambiguities in new Code section 139E shall resolved by the IRS in favor of Indian tribal governments and deference shall be given to Indian tribal governments for programs administered and authorized by the Tribe to benefit the general welfare of the Tribal community."

(3) It "would be contrary to the intent of Congress" if IRS were to "take the occasion of passage of H.R. 3043 or S. 1507 to retrench, narrow or possibly withdraw the administrative guidance provided in Rev. Proc. 2014-35 after enactment of the bill."

(4) The Congressional intent "is to expand rather than restrict the safe harbor provisions in Rev. Proc. 2014-35."

(5) "The purpose of this legislation is to further empower Tribal self-determination."

(6) "Tribal governments have a long history of providing critical benefits to tribal members, and these programs are fundamental to the sovereignty and cultural integrity of tribes. Tribes, and not the IRS, are in the best position to determine the needs of their members and provide for the general welfare of their tribal citizens and communities."

(g) On September 18, 2014, the Tribal General Welfare Exclusion Act of 2014 passed both houses of Congress, and the Tribal General Welfare Exclusion Act of 2014 was signed into law on September 29, 2014. The Tribe now expressly embraces the forgoing principles as an integral part of this Ordinance and as guiding principles in construing the Tribe's compliance with the Act and this Ordinance.

Section ADM.04.11 — Non-Recourse Designation.

(a) The Tribe does not guarantee Assistance under this law. Beneficiaries have no contractual or other right to direct, compel, or alienate payments prior to actual receipt.

(b) All amounts budgeted by the Tribe for Assistance payments shall remain general assets of the Tribe until such payments are disbursed. Assistance paid hereunder shall not be treated as a resource or asset of the Beneficiary for any purpose, and shall not be counted against a recipient's eligibility (through income or resource criteria) for other governmental assistance of any kind.

(c) The Tribe reserves the right to cancel, adjust, modify or revoke any Assistance that are treated as a resource of the Beneficiary or are otherwise used to limit the eligibility of a recipient for other such assistance.

(d) All Assistance authorized by the Ordinance shall be treated as an unfunded arrangement for tax purposes and shall be limited to appropriated funds at the discretion of the Council from time to time. Assistance hereunder is paid from assets of the Tribe; all payments are based on budget availability of the tribal government.

(e) Approved Programs shall be administered at all times to avoid triggering of the doctrines of "constructive receipt" or "economic benefit" for income tax purposes.