The authority of the MCT is derived from the six Reservations’ approval of the Revised Constitution and Bylaws of the MCT, hereinafter referred to as the “Constitution”. AA32-44. The Constitution sets forth the powers and limits of the Tribe and its’ component Reservations. In addition, the Constitution reserves to each individual Reservation, or Band, complete governance over Reservation land, laws, courts and finances.
The governing body of the (MCT) is the Executive Tribal Committee (hereinafter referred as “TEC”). AA34 at Article III., Section 1. This committee is made up of the Chairman and Secretary-Treasurer of each component Reservation. To gain a seat on the Executive Tribal Committee, an individual must attain one of the two offices of their respective Reservation Business Committee. This appointment is automatic and not subject to any election or approval amongst the overall Chippewa population. AA34.
Each Reservation, or Band, elects and maintains its own Reservation Business Committee (hereinafter referred to as “RBC”). AA34 at Art. III., Section 2. The RBC is the sole authority over its respective Reservation, resources and enrolled members. The Reservation Business Committee holds the reins in all aspects of governance over their particular Reservation. AA36-37 at Art. VI. Each RBC has near unrestricted control and oversight of all funds provided to the reservation from any source except those funds from the greater MCT. AA36 Art. V, Sec. 1 (c), (d) and AA37 Art.VI. Sec. 1 (b), (c).
1.Voting Eligibility and Officer Eligibility are determinations of the Reservation Business Committee
The election of the RBC officers is independent of the MCT’s organization. Each component Reservation holds elections on the offices in their particular RBC. AA34-35. The Reservation elections are administered pursuant to the uniform election ordinance adopted through the MCT. This ordinance conforms to the requirements of the Constitution. It states “[A]ll members of the tribe, …shall have the right to vote at all elections held within the reservation of their enrollment.” AA34-35, Art. IV, Sec. 1(a)(italics added). In addition, any question of an individual’s eligibility to vote is resolved solely by the respective Reservation Business Committee. AA35 at (c).
The eligibility of a candidate to run for a RBC office requires that they “reside on the reservation of his or her enrollment” for a year prior to the election. AA35, Art IV, Sec 2. No member of the MCT may apply for a candidate position on a Reservation where they are not an enrolled member of that particular Reservation.
The Tribal Executive Committee has no authority over its own officers for terms of eligibility or continued performance. As the officers of the TEC are simply the Chairman and Secretary-Treasurer of each respective Reservations, the greater MCT members have no input or representation in any officers but those elected from their own Reservation. AA34-35, 38-39. TEC officers may only be removed with the approval of their respective RBC or an appeal by the enrolled members of the officers’ Reservation of origin to the federal government. AA38-39, Art. X, Sec. 3-5. Any and all action taken on the removal of an officer by the RBC or enrolled members of the Reservation, pursuant to a recall election, is considered “final.” AA38.
The failure of the RBC to implement the procedures for removal can only be remedied by a petition, by enrolled members of the specific Reservation, to the Secretary of the Interior. AA39, Art. X, Sec. 5. This petition can not be brought by the TEC and can only be supported by “eligible resident voters.” AA39. Even this petition does no more than request that the Secretary implement a recall election that “plac[es] the matter before the Reservation electorate for their final decision.”. AA39.
This lack of authority, by the MCT Tribal Executive Committee, underscores the independent nature of the component Reservations as distinct tribal governments. The MCT member population, as a whole, may never affect the voting rights, elections or Reservation officers’ performance on a Reservation in which they are not an enrolled member. AA34-35, 38-39. An individual’s membership in the overarching Chippewa Tribe does not grant them the right to vote or hold office within any particular Reservation. AA35.
2.Rights, powers and duties of the MCT Tribal Executive Committee vs. the individual Reservation Business Committees.
The governing body of the MCT, the Tribal Executive Committee, has authority only where it is not affecting the sovereignty, internal control or resources of a specific Reservation. This central fact is the heart and soul of the MCT Constitution and the Chippewa organization as a whole. The Constitution is explicit in this restriction in numerous places.
In outlining the powers of the TEC, the Constitution confines any authority to those areas that do not affect the powers of the RBC, or self-governance, of a Reservation. AA36, Article V. at (c), (d), (e), (f). The few grants of authority to the TEC over the respective Reservations apply only where one or more Reservation is affected by the power. AA35 at Art. V. (g), (h)
The Reservation Business Committees are the true tribal governments amongst the six Reservations. The RBC’s of each individual Reservation exist as true tribal governments immune from intrusion by the MCT in almost every area that is related to internal governance or authority. This authority is laid out explicitly in the MCT Constitution and echoes the assertion of tribal self-governance sought by the federal government. AA36-37 at Art. VI, and generally Mescalero Apache Tribe, 462 U.S. at 335 n. 17(discussing federal statutes addressing the goal of tribal self-government).
Each Reservation Business Committee, or Reservation tribal government, has the right to negotiate and contract directly with the Department of the Interior, the federal, state or local governments and any private entities on behalf of their Reservation. AA37, Art, VI (c).
This authority is independent of the MCT or any other Reservation. In fact, the RBC of each Reservation is barred from entering into any agreement that “affect any other Reservation or the Tribal Executive Committee without their consent.” AA37 at (c). It retains the right to manage the land, resources and finances belonging to the Reservation. AA37 at (c) and (b). In truth, the Reservation Business Committees retain all rights pertaining to their respective Reservations under the MCT Constitution.