Judical Code

Judicial Code

Freedom of Information Ordinance

SECTION 1. TITLE: This Ordinance shall be referred to as the “PRAIRIE ISLAND INDIAN COMMUNITY FREEDOM OF INFORMATION ORDINANCE.”

SECTION 2. DEFINITIONS: Definitions as used in this ordinance are as follows;

(a) “Tribal Entity” shall mean any committee, office, program, business, or project of the Prairie Island Indian Community, including the Gaming Commission, established by the Prairie Island Tribal Council for the benefit of tribal members of the Prairie Island Reservation in the State of Minnesota.

(b) “Tribal Member” shall mean any duly enrolled member of the Prairie Island Indian Community in the State of Minnesota.

(d) “Record” means any item, collection, or grouping of information about the Prairie Island Indian Community, any “tribal entity,” or of any individual of which any “record” is maintained by the Tribal Council or any “tribal entity” including, but not limited to, enrollment, land ownership, leasing and sale of lands, education, financial transactions, medical records, criminal or civil history, employment history that may contain his or her name or an identifying number, symbol or other identifying particular information assigned to the individual, such as a finger or voice print or a photograph.

SECTION 3. ACCESS TO INFORMATION - GENERAL: Subject to the provisions contained in Section 4 herein, all tribal members of the Prairie Island Indian Community are allowed to access, for the purpose of on-site inspection only, the following tribal records: resolutions, ordinances, Tribal Council minutes, all transactions involving tribal loans, descriptions of tribal lands, the leasing and exchanges of tribal lands, and records regarding any tribal contractor as permitted by 25 CFR § 271.48. Photocopying or other duplication of records is prohibited.

SECTION 4. ACCESS TO INFORMATION - FAMILY HEALTH CASE FILES: All clients of the Family Health Department are allowed to access their case file subject to the following terms and conditions:

(a) Information deemed “confidential” by the Family Health Department will be deleted from such files prior to inspection and copying;

(b) Said clients must complete and sign a “Request” form supplied by the Family Health Department identifying the documentation they wish to access; and

(c) The Family Health Department shall have at least seven (7) days from the date it receives said “Request” form to compile the documentation.

SECTION 5: ACCESS TO INFORMATION - OTHERS: Any request for information outside the scope of Sections 3 and 4 herein, shall be made to the Prairie Island Tribal Council.

SECTION 6: ACCESS TO INFORMATION - GAMING COMMISSION FILES: All licensing records maintained by the Prairie Island Indian Community Gaming Commission may be accessed for purposes of on-site inspection only, by the interested applicant and the National Indian Gaming Commission. Photocopying or other duplication of records is prohibited. All other records maintained by said Commission are deemed “personnel files” which may be accessed, for purposes of on-site inspection only, by the subject employee, the Tribal Council or order of the Prairie Island Tribal Court.

SECTION 7: ACCESS TO INFORMATION - TRIBAL FINANCIAL RECORDS: All financial records of the Prairie Island Indian Community may be accessed, for purposes of on-site inspection only, by tribal members. Access by non-members is prohibited without permission of the Tribal Council. Photocopying or other duplication of records is prohibited.

SECTION 8. FORM OF DISCLOSURE: Subject to the provisions contained in Section 4 herein, the Prairie Island Tribal Council, any committee of the Prairie Island Tribal Council, or any officer, employee, or representative thereof, shall not disclose any record by any means of communication to any person, including a tribal member, except pursuant to a written request by, or with the prior written consent of the individual to whom the records pertains, when the information requested is confidential unless the disclosure is as follows:

(a) To those officers, employees and representatives of a “tribal entity” which maintain the record and who may need the record in the performance of their duties.

(b) To a recipient who has provided the “tribal entity” with written assurance the record requested will be used solely as a statistical research or reporting record and the record is to be transformed in such a manner and to the extent the individual whose record is involved is not individually identifiable.

(c) To secure designated Prairie Island Community Archives or to the United States National Archives as a record which has sufficient historical or other value to warrant said records continued preservation by the Tribe or the United States Government.

(d) To any Law Enforcement Agency or Commission created and established by the Prairie Island Tribal Council or a law enforcement instrumentality of the United States Government for a criminal law enforcement activity if such activity is authorized by law provided said request for records or files must be made in writing and such request shall be specific particularly describing the information desired and the law enforcement activity for which the record is being sought.

(e) Pursuant to an order of the Prairie Island Indian Community Tribal Court or a court of competent jurisdiction in a proceeding wherein the Prairie Island Tribal Council is a party.

SECTION 9. Any person who is aggrieved by a final decision of the Prairie Island Tribal Council concerning the provisions of this ordinance may bring a civil action in the Prairie Island Tribal Court within thirty (30) days of the issuance and receipt of such decision to compel the “tribal entity” thereof to grant access to records or to permit amendment to records; no individual or legal entity shall be permitted to sue the Prairie Island Tribal Council or any “tribal entity” for damages in such action, the Tribal Court shall be permitted to grant equitable relief necessary to finally resolve the action.

SECTION 10. All records shall be reviewed during regular business hours.

SECTION 11: This ordinance replaces all prior Resolutions issued by the Prairie Island Tribal Council to the extent their provisions are inconsistent with the terms and conditions contained herein.

SECTION 12: This ordinance is not intended to replace or modify the existing internal process now utilized by the Prairie Island Indian Community, d/b/a Treasure Island Resort and Casino for releasing financial information.

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