CHAPTER 3-2
GENERAL PROVISIONS

3-2-1 Swearing in Committee Members.

Members of the Grievance Committee shall be sworn into office with all appropriate dignity and ceremony. Persons appointed to fill any vacant position on the committee shall be sworn into office prior to performing any duties of office. The Grievance Committee shall consist of three (3) members from the Bar.

3-2-2 General Powers of the Committee.

(A)    It shall be the duty of each member of the Grievance Committee to personally become familiar with all the provisions of this Title and of the Constitution, to see that they are faithfully executed.

(B)    The Grievance Committee, or its individual members, shall have the following general powers when used to further the investigation of a complaint or grievance initiated by a tribal member:

(1)    To administer oaths, to compel the attendance of witnesses or the production of papers, documents, or other evidence, and to conduct hearings.

(2)    To undertake investigative duties or mediation functions.

(3)    To dismiss the complaint at any stage in the proceeding if such complaint is without validation.

3-2-3 Records to be Kept Permanently.

(A)    One certified copy of the entire record shall be kept in the District Court.

(B)    Each and every investigative hearing conducted by the Grievance Committee shall be recorded verbatim then duplicated and transcribed. The verbatim record shall become part of the permanent record.

(C)    The record of each removal action shall be a permanent public record, and any person shall be entitled to examine that record upon request during normal business hours, provided, that no part of the permanent record shall be taken from its ordinary place of safekeeping for such examination.

3-2-4 Assigning Case Numbers.

The committee shall assign each complaint a file number which shall be separate and distinct from the file numbers assigned to all other cases. A consecutive numbering system shall be used, and such numbers shall appear on each record, document, or thing regarding the case.

3-2-5 Complaints.

(A)    Any complaint submitted for naming more than one respondent member of the Tribal Council may be rejected by the Grievance Committee.

(B)    All formal complaints shall be brought by the Complainant on behalf of the Prairie Band of Potawatomi Indians of Kansas.

(C)    Any complaints filed may be joined to save time and expense and to prevent duplication of effort provided that no prejudice is shown to the respondents.

(D)    Whenever complaints are joined, separate votes shall be taken as to each charge for each respondent, and separate orders shall be entered showing the votes taken.

3-2-6 Stay of Further Removal Proceedings.

At any time during which two Tribal Council vacancies exist, due to the death, resignation, or removal, all further removal proceeding shall be immediately stayed by the Grievance Committee in their current status pending appointment of new Tribal Council members pursuant to the Constitution and By-laws.

3-2-7 Severability.

It is the intent of the Prairie Band of Potawatomi Tribe that if any part of this Title is found to be unconstitutional or in violation of the Indian Civil Rights Act of 1978, whether on its face or as applied, that such remaining provisions of this Title as may be enforced shall remain in full force and effect and to such end this Title is declared to be severable.

3-2-8 Disposition of Costs.

Any fees or costs required to be collected by any person, by any provision of this Title, shall be forthwith delivered to the Court Clerk and shall be deposited in the general fund, and shall be entered into the record.