Judicial Code

Community Advisory

WHEREAS, the Prairie Island Indian Community in the State of Minnesota is organized under the provisions of the Indian Reorganization Act of 1934 (48 Stat. 984), and is governed under the terms of the Constitution and Bylaws of the Prairie Island Indian Community in Minnesota adopted by the tribal members on May 23, 1936, and approved by the Secretary of the Interior on June 20, 1936; and

WHEREAS, Article V, Section 1(l) of the Constitution and Bylaws of the Prairie Island Indian Community in Minnesota authorizes the Community Council to adopt resolutions regulating the procedures of the Community Council; and

WHEREAS, Article V, Section 1.(f) of the Constitution and Bylaws of the Prairie Island Indian Community delegates to the Community Council the duty to manage all economic affairs and enterprises of the Community; and

WHEREAS, Article V, Section 1.(i) of the Constitution and Bylaws of the Prairie Island Indian Community delegates to the Community Council the duty to safeguard and promote the general welfare of the Community by regulating the conduct of trade and the use and disposition of property upon the reservation; and

WHEREAS, Article V, Section l(o) of the Constitution and Bylaws of the Prairie Island Indian Community in Minnesota delegates to the Community Council the duty to protect and preserve the property, wildlife and natural resources of the Community; and

WHEREAS, in the past, Community projects and issues affecting the long-term economic growth and stability of the Community and its businesses have not received the proper review and scrutiny by the members of the Community nor have they been subject to thorough Community debate and discussion regarding the economic and moral ramifications of such projects and issues.

NOW THEREFORE BE IT RESOLVED, the Prairie Island Community Council hereby in accordance with the Community’s Constitution and Bylaws, Article V, Section 1(f), (i) (l), and (o), has determined that a procedure shall be established to properly inform Community members, to openly debate and discuss among Community members, and ultimately have Community members express their collective will about the desired Community course of action in regard to certain major projects and issues which significantly affect or may affect the Community.

NOW THEREFORE BE IT FURTHER RESOLVED: Pursuant to the discussion and determination set froth above, the Community Council establishes the following procedures for Community members to express their binding views about the Community course of action in regard to certain major projects and issues which significantly affect or may affect the Community.

Section 1: Declaration of Policy .

The Community Council recognizes that it carries out its delegated duties and responsibilities in accordance with the collective will of the Community members. The Community Council also recognizes that its establishment of a procedure which (1) informs Community members about certain major projects and issues which significantly affect or may affect the Community, (2) encourages debate among Community members and which (3) allows Community members to express their views concerning and in certain cases, to bind the Council regarding the fate of certain major Community projects and issues, will have a positive impact on the future of the Community and its members.

Section 2: Procedure.

If at a duly held meeting of the Community Council, with a quorum present, a majority of the Community Council vote to refer an issue or project to the voting members of the Community for their opinion or approval then such issue or project will be subject to a referendum vote of the members of the Community (“Community vote”).

Such a Community vote shall take place within 90 days after the Community Council refers such issue or project to the voting members of the Community. The time period between referral to the members and the vote will be known as the “discussion period.” During the discussion period, said issue or project shall be scheduled for debate as an agenda item at subsequently scheduled regular monthly meetings and other specially called meetings. Moreover, members will be sent by U.S. mail, first class, postage prepaid, material discussing the advantages and disadvantages of the proposed issue or project.

Following such discussion period and members’ receipt and consideration of such material, if in the Community Council’s discretion there has been sufficient public discussion and debate within the Community on the proposed issue or project (but subject to the time periods defined above), the Community Council shall direct an independent third party agency to send numbered ballots by certified mail (return envelope prepaid) to Community members describing the issue or project to be decided, a summary of the advantages and disadvantages of moving forward with or terminating work or further

discussion on such issue or project, and the Community Council’s recommendation regarding the issue or project where appropriate and deemed necessary.

Upon receipt of said ballots, Community members shall have up to 14 days to mark and sign the ballot before a currently certified Notary Public and ensure that the ballot is received by the agency conducting the vote. Unless otherwise determined, in advance with reasonable notice to the Community, the results of such vote shall be binding on the Community and the Community Council shall carry out the expression of me Community will, provided that not less than 30 percent of the eligible voters in the Community have properly and in a timely manner marked and returned their signed ballots.

Section 3: Rescission of Prior Resolutions.

This Resolution shall be rescind and replace, any and all, prior resolutions regarding the referendum process. This Resolution is separate and distinct from the referendum process set forth in Section 8 of the Prairie Island Community Constitution. The constitutional referendum process remains unchanged and available for individual Community members to exercise their rights as contained therein.

CERTIFICATION

This Resolution 6-10-94-95 was passed at an executive meeting of the duly elected Community Council with a quorum present by a vote of 5 for, 0 against, 0 abstentions, on the 10^th day of JUNE, 1994.

Curtis Campbell, Sr., President Byron White, Secretary

Darelynn Lehto, Vice-President Alan Childs, Sr., Treasurer

Michael Childs, Sr., Assistant Secretary/Treasurer

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