Judicial Code

Governmental Relations Ordinance

Section 1. Title.

This ordinance shall be known as the Prairie Island Indian Community in the State of Minnesota Governmental Relations Ordinance.

Section 2. Definitions.

For the purposes of this ordinance, the following terms shall have the meaning given them unless the context clearly indicates otherwise.

(1) "Administrative action" means an action by any official, board, commission or agency of a federal, state or local government to adopt, amend or repeal an administrative rule, order, license, sanction, relief, or the equivalent thereof, or failure to act.

(2) "Legislation" means bills, resolutions, amendments, nominations and other matters pending or proposed in a federal, state or local governing body and includes any other matter that may be the subject of action by any governing body.

(3) "Lobbying activities" means any efforts in support of influencing the formulation, modification or adoption of legislation, administrative actions, Executive orders or any other program, policy or position of any governing body.

(4) "Lobbyist" means any person hired for the principal purpose of conducting lobbying activities.

(5) "Prairie Island Indian Community in the State of Minnesota" means the federally recognized Indian Community of that name.

(6) "Prairie Island Indian Community Council" means the governing body of the Prairie Island Indian Community in the State of Minnesota.

(7) "Public official" means any elected official, appointed official or employee of a federal, tribal, state or local unit of government.

Section 3. Purpose.

To require the registration of lobbyists employed by the Prairie Island Indian Community and the reporting of their activities to the Community Council and to regulate their conduct in furtherance of amicable and diplomatic governmental relations.

(1) Lobbyists employed by the Prairie Island Indian Community have an obligation to register with the Prairie Island Indian Community upon commencement of their employment.

(2) The registration shall include a written statement of:

(a) The general issue areas in which the registrant expects to engage in lobbying activities on behalf of the Community; and

(b) To the extent practicable, specific issues that have (as of the date of registration) already been addressed in lobbying activities.

Section 5. Lobbyists Reports.

(1) Lobbyists shall be required to file an annual report.

(2) The reports shall include:

(a) A list of the specific issues upon which the lobbyist engaged in lobbying activities, including, to the maximum extent practicable, a list of bill numbers and references to specific executive branch actions.

(b) The total expenditures for lobbying activities during the preceding calendar year. These expenditures include all lobbying costs, including but not limited to, preparation and distribution of lobbying materials, media advertising, telegraph and telephone, postage, fees and allowances, entertainment, food and beverage, travel and lodging, and gifts and benefits to a public official.

(3) The reports shall be filed with the Community Council Secretary by March 15 for the preceding year.

Section 6. Code of Ethics.

Lobbyists employed by the Prairie Island Indian Community shall execute their duties according to the following standards of conduct:

(1) Lobbyists should at all times comply with and uphold all laws and regulations governing their lobbying activities;

(2) Lobbyists shall treat everyone involved in the governmental process with full respect and dignity;

(3) Lobbyists are expected to avoid known or anticipated conflicts of interests and to resolve any conflict that does arise as expeditiously as possible. Such conflicts include, but are not limited to, any substantial personal or pecuniary interest that is adverse to the tribe’s interests;

(4) Lobbyists should not knowingly make any false or misleading statements to the Prairie Island Indian Community, other advocates, employees of any legislative or administrative staff, or anyone else involved in the governmental process;

(5) Lobbyists should make reasonable efforts to become and stay as informed as possible on the issues and process involved in being an advocate;

(6) Lobbyists should represent the Prairie Island Indian Community competently and only use legal and ethical means to accomplish the Prairie Island Indian Community’s objectives; and

(7) Lobbyists shall not reveal confidential information about the Community or use such information to the Community’s disadvantage or the lobbyist’s own advantage.

Section 7. Penalties.

Whoever knowingly fails to:

(1) remedy a defective filing within 60 days after notice of such a defect by the Community Council; or

(2) comply with any other provision of this ordinance;

shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine by order of the Prairie Island Mdewakanton Dakota Tribal Court of not more than $500.00, depending on the extent and gravity of the violation.

Section 8. Appeals.

An appeal may be filed with the Tribal Court in accordance with Rule 40 of Title 2 of the Prairie Island Indian Community Judicial Code.

Section 9. Conformity with Other Laws.

Lobbyists shall comply with other laws or regulations imposed upon lobbying activities to the extent that such laws are not inconsistent with this ordinance.

Section 10. Severability.

If a court of competent jurisdiction finds any provision of this ordinance to be invalid or illegal under applicable federal or tribal law, such provision shall be severed from this ordinance. The remainder of this ordinance shall remain in full force and effect.

Nothing in this ordinance shall mean or be interpreted to provide a waiver of sovereign immunity from suit of the Community or any of its governmental officers and/or agents.

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