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How to create a resolution

The Office of the General Council has created a fresh idea for how Ho-Chunk General Council members conduct business. We are accepting resolutions and offering assistance all year around. Along with this concept; the Office of the General Council will also be going back into their respective communities with any proposed resolutions.

You (Ho-Chunk Nation Tribal Member) can provide to Pine Giroux or Brook Funmaker, General Council Agency Advocates, your proposed resolution with informational background. Please be sure to include contact information so tribal members that have questions about the proposed resolution may contact you.

We are hoping that by opening up this venue within the Ho-Chunk Nation's existing resources; this will allow tribal members to be properly informed before General Council.

And for those that don't attend district area meetings; approximately ten days before General Council; all proposed resolutions will be mailed out to the tribal membership, along with any supporting documentation from departments or Government branches.

Please understand this is not necessary or mandated in any way. However, we would appreciate your support while we work out this new process. Be advised that the Office of the General Council will not be handling Recall or Removal Resolutions.

Included are examples of how to write a resolution.

SUGGESTIONS ON HOW TO WRITE A RESOLUTION
By Wendy L. Helgemo*

"WHEREASES"

RESOLUTIONS SHOULD HAVE A BASIS IN LAW

CONSTITUTION

STATUTE

POLICY

HO-CHUNK CULTURE AND TRADITION

RESOLUTIONS SHOULD PROVIDE A BACKGROUND TO ISSUE

PROVIDE FACTS

START GENERALLY

GET MORE SPECIFIC

"THEREFORE BE IT RESOLVED" "BE IT FURTHER RESOLVED"

SET POLICY

ESTABLISH PROCEDURES

AUTHORIZE SPECIFIC ACTION TO BE TAKEN

LIST STEPS OR PROCEDURES FOR ACCOMPLISHING ACTION

USE ONE LINE PER STEP (ONE PER ACTION)

DELEGATE RESPONSIBILITY TO BRANCH/DEPARTMENT TO TAKE ACTION

REVERSE AN ACTION OF LEGISLATURE

REVERSE DECISIONS OF JUDICIARY WHICH INTERPRET ACTIONS OF LEGISLATURE

REQUEST A SECRETARIAL ELECTION FOR AMENDMENTS
INSERT CURRENT LANGUAGE
INSERT PROPOSED LANGUAGE FOR AMENDMENT

Creating Policy or General Resolution:
GENERAL COUNCIL
SAMPLE RESOLUTION _ _ - _ _ - _ _ _
By Wendy L. Helgemo*

WHEREAS, on November 1, 1994, the Secretary of the Interior approved a new Constitution for the Ho-Chunk Nation ("Constitution"), formerly known as the Wisconsin Winnebago Nation; and

WHEREAS, the Ho-Chunk Nation ("Nation") is a federally recognized Indian Tribe, organized pursuant to the Indian Reorganization Act of 1934; and

WHEREAS, pursuant to Article IV, Section 1 of the Constitution, the People of the Ho-Chunk Nation hereby grant all inherent sovereign powers to the General Council; and

WHEREAS, pursuant to Article IV, Section 1, all eligible voters of the Ho-Chunk Nation are entitled to participate in General Council; and

WHEREAS, pursuant to Article IV, Section 3 (a), the General Council retains the power to set policy for the Nation; and

WHEREAS, pursuant to Article IV, Section 3 (b), the General Council retains the power to review and reverse actions of the Legislature except those enumerated in Section 4 of this Article. The General Council shall return such reversals to the Legislature for reconsideration consistent with the action of the General Council; and

WHEREAS, pursuant to Article IV, Section 3 (b), the General Council retains the power to review and reverse decisions of the Judiciary which interpret actions of the Legislature. The General Council does not retain the power to review and reverse decisions of the Judiciary which interpret this Constitution; and

WHEREAS, pursuant to Article IV, Section 3 (c), the General Council retains the power to propose amendments in accordance with Article XIII, including those which reverse decisions of the Judiciary interpreting this Constitution; and

WHEREAS, pursuant to Article IV, Section 3 (e), the General Council retains the power to call a Special Election; and

WHEREAS, pursuant to Article IV, Section 3 (f), action by the General Council shall be binding; and

WHEREAS, pursuant to Article IV, Section 5, and Article VI Section 2 (j), an Annual meeting has been duly called and notice duly given by the President; and

WHEREAS, pursuant to Article IV, Section 7, twenty (20) percent of the eligible voters of the Nation present in General Council shall constitute a quorum; and

WHEREAS, pursuant to Article IV, Section 7, each action of the General Council shall require the presence of a quorum; and

WHEREAS, [INSERT ANY OTHER HO-CHUNK LAW, FEDERAL LAW]; and
[INSERT POLICY, CULTURE AND TRADITION]

WHEREAS, [INSERT DELEGATIONTO BRANCH OR DEPARTMENT]; and

WHEREAS, [INSERT FACTS, FINDINGS, REPORTS,
OTHER SUPPORT FOR ABOVE].
[INSERT DISTRICT SUPPORT, MOTIONS MADE, MEETING DATE].
[INSERT COURT CASE].

NOW THEREFORE BE IT RESOLVED that the General Council hereby
[FINDS]
[ORDERS]
[DIRECTS]
[REVERSES]
[INSERT DESIRED ACTION]
[INSERT DESIRED STEPS]
[INSERT TIME FRAMES]
[INSERT PENALTIES]

BE IT FURTHER RESOLVED that the General Council hereby . . . ETC.

CERTIFICATION (EXAMPLE)

I, the undersigned, as Secretary for the Ho-Chunk Nation General Council, hereby certify that the General Council of the Ho-Chunk Nation, composed of ___ members, of whom ___ constituting a quorum were present at a meeting duly called and convened and held on the ___ day of _______, 2004, that the foregoing resolution was adopted at said meeting by an affirmative vote of ___ members, ___ opposed, and ___ abstaining, pursuant to the authority of Article IV, Section 3 of the Constitution of the Ho-Chunk Nation approved by the Secretary of the Interior on November 1, 1994, and that said resolution has not been rescinded or amended in any way. I further certify that this is a verified copy of said resolution.

___________________________ ___________________
Secretary Date

Requesting Secretarial Election (changing or amending Ho-Chunk Nation Consitution)

GENERAL COUNCIL
REQUEST FOR SECRETARIAL ELECTION
SAMPLE RESOLUTION
By Wendy L. Helgemo

WHEREAS, on November 1, 1994, the Secretary of the Interior approved a new Constitution for the Ho-Chunk Nation ("Constitution"), formerly known as the Wisconsin Winnebago Nation; and

WHEREAS, the Ho-Chunk Nation ("Nation") is a federally recognized Indian Tribe, organized pursuant to the Indian Reorganization Act of 1934; and

WHEREAS, pursuant to Article IV, Section 1 of the Constitution, the People of the Ho-Chunk Nation hereby grant all inherent sovereign powers to the General Council. All eligible voters of the Ho-Chunk Nation are entitled to participate in General Council; and

WHEREAS, pursuant to Article IV, Section 3 (c) of the Constitution, the General Council retains the power to propose amendments in accordance with Article XIII; and

WHEREAS, pursuant to Article IV, Section 3 (f) of the Constitution, Actions by the General Council shall be binding; and

WHEREAS, pursuant to Article XIII, Section 1 of the Constitution, this Constitution may be amended by a majority vote of the qualified voters of the Ho-Chunk Nation voting at an election called for that purpose by the Secretary of the Interior, provided, that at least thirty (30) percent of those entitled to vote shall vote in such election; but no amendment shall become effective until approved by the Secretary of the Interior or until deemed approved by the Secretary by operation of law. If voters adopt the amendment(s), the Secretary of the Interior shall approve such amendment(s) within forty-five (45) days after the election unless the amendments are contrary to applicable law; and

WHEREAS, pursuant to Article XIII, Section 2 of the Constitution, it shall be the duty of the Secretary of the Interior to call and hold an election on any proposed amendment to this Constitution at the request of the General Council.

NOW THEREFORE BE IT RESOLVED that the General Council hereby requests that the Secretary of the Interior conduct a Secretarial Election on the Amendment to the Constitution proposed below.

[INSERT CURRENT LANGUAGE IN CONSTITUTION WITH ARTICLE AND SECTION].

[Proposed addition to Article ___, Section ___.]
[INSERT EXACT LANGUAGE FOR BALLOT FOR SECRETARIAL ELECTION.]

CERTIFICATION