FOND DU I.AE BA.I{D OF I.,AKE SUPERIOR EHIPPEWA
ORDINAI{EE #08/10
PROHIBITION OF GAI{G-REI.ATED AETIVITY
ON THE FOTID DU I,AC RESERVATION
Adopted by Reeslution
#1379/L0 of the
Busineee Corrurittee on October 19, 2010.
Fond
du
l-rac Reservation
TABIJES
CIIAFTER l_
AIIIIHORITY;
OF COIilTENTS
PURPOSE; SCOPE
CIIAPTER
2
DEFINITIONS
CIIAPTER
3
IDEIiIITIFICATTON OF GA}ilG MEMBERS
& GAI{G-REI,ATED ACTTVITIES
& IIflTERPRETATION
CIIAPTER 4
REPORTING & A.DMINISTRATION
CTIAPTER 5
EFFECTM
DATE;
AITIENDMEMTOR RECISSION
FOND DU r,Ae ORDTNAT{CE
#08/10
PROHIBITION OF' GAI.IGACTMTY
CIIAPTER 1
AUTHORITY; PURPOSET SCOPE
SECTION 101
AUTHORITY
This Ordinance is enacted pursuant to the authority
of the Fond du
Lac Reservation Business Committee, as the governing body of the
Fond du Lac Band of Lake Superior Chippewa, ds such authority
is
granted by Article
VI of the Revised Minnesota Chippewa tribe
Constitution
and as recognized
under Section
f6 of the Indian
Reorganization Act of 1934, 25 rJ.s.c. s 476, and section 201(2) of
the Indian Civil Rights Act of L958, 25 U.S.C. S I30I(Z).
SECTION 102
FINDINGS;
PURPOSES
The Fond du Lac Reservation
decl-ares:
Business
Committee herebv
finds
and
a.
That it is the right
of every person within
the Fond du Lac
Reservation
to
be
secure
protected
and
from
fear,
intimidat.ion,
and physical
harm caused by the activities
of
viol-ent groups and individuals.
b.
That the peaceful occupation of the Fond du Lac Reservation by
the Fond du Lac Band is threatened
gangs whose
by criminal
members threaten,
terrorize,
and commit a multitude
of crimes
against the peace of the community. These actiwities,
both
individually
and colIectiveIy,
present a clear and present
danger to public order and safety and are not constitutionally
protected.
c.
rt
is accordingry
the intent
of the Reservation
Busrness
committee in enacting this ordinance to protect the safety and
security
of the Fond du Lac Reservation
by establishing
standards by which gang-related
activity
on the Reservation is
to be identified,
reported and controlled.
d.
The provisions
of this
ordinance
administered
concurrently
with all
shall
other
be interpreted
and
applicable
l_aw.
SECTION 103
SCOPE
This ordinance
shall
apply to any conduct by any person on l-ands
which are owned in fee or trust
by the Fond du Lac Band within
the
boundaries of the Fond du l-.,acReservation.
SECTION 104
RESERVATION OF RIGHTS
The Reservation Business Committee reserves the right
Lo amend or
repeal all
or any part of this Ordinance at any time and there
shall
be no vested rights
of any kind against
such amendment, or
repeal.
A11 the rights,
privileges,
or immunities conferred by
this Ordinance or by acts done pursuant thereto shal-1 exist subject
to the power of the Reservation
Business Committee to amend or
repeal this Ordinance or any part herein at any time.
Nothing in
this Ordinance shafl be construed to constitute
a waiver of the
sovereign
immuniLy of the Fond du Lac Band or a consent
to
jurisdiction
by any forum not expressly
authorized
to exereise
jurisdiction
under this Ordinance.
Any provision
of this Ordj-nance
which is adjudicated
to be inconsistent
or incompatible
with
applicable
federal- l-aw shall be invalid
and unenforceable
to the
extent of such inconsistency
or incompatibility,
provided, however,
that alJ remaining provisions
shal-1 be given fuI1 force and effect.
CIIAPTER 2
DEFINITIONS
AI{D ITffERPRETATION
SECTION201
DEFINITIONS
For the purposes of this
apply:
a.
Ordinance,
the following
definitions
shall
"Band lande" or ttlands of the Fond du Lac Band,, means, f or the
purposes of this Ordinance;
1.
Any l-ands which are held in trust
or other rest,ricted
status by the United States for the benefit
of the Fond
du Lac Band or its members,.
2.
Any l-ands which are held in trust
or other restricted
status
by the United
States
for
the benefit
of the
Minnesota Chippewa Tribe or its members which lie within
the boundaries
of the Fond du Lac Reservation,'
and
3.
b.
A n y l a n d s w h i c h a r e h e l - d i n f e e b y t h e F o n d du Lac Band
or any political
subdivision
of the Band within
the
boundaries of the Fond du Lac Reservation.
"Fond
du Lae Band" or trBandtr means the
Lake Superior Chippewa.
Fond du Lac Band of
"Fond du Lac Reservation"
means the historical
land base of
the Fond du Lac Band as set aside under Articl-e
2 of the
Treaty of LaPointe, l0 Stat, 1109, and any lands outside of
those boundaries which were subsequently acquired in trust for
the Band.
d.
F
f.
g.
"Gang" means any ongoing organization,
association,
or group
of three or more persons, wheLher formal or informal-, which
meets all of the followinq
cri-teria:
l-.
Has as one of its primary activities,
the commission of
criminal
conduct as defined by applicabl-e law,. and
2,
Has a common name or
symbols (s) ; and
3.
f ncl-udes members who individually
1n or have engaged in a pattern
common identifying
sign(s)
or
or col-l-ectively
engage
of criminal- activity.
"Gang-related
activity"
means the eommissj-on of a predicate
gang crime for
the benefit
of,
at the direction
of,
or
motivated
by invoJ-vement with a gang, with
the intent
to
promote,
further,
or assist
in criminal
conduct by gang
members.
"Pattern
of gang-related
activity,,
means the commission,
attempt. to commit, conspiring
to commit, or sol_icitation
of
two or more predicate
gang crimes, provided the criminal- acts
were committed on separate dates or by two or more persons who
are members of, or belong to, the same gang within a one-year
period.
"Predicate
1.
gang crime"
Distribution
of
means any of
controlled
the
following;
substances;
Any crlme of violence
that has an element involving
the
use or attempted use of physica] force against the person
on another,' or
Any felony
offense
that
by it s nature
invol-ves a
substantial
risk that physical
force against the person
of another may be used in the course of commit.t.inq the
offense,
including;
\ cr,/
Assault;
(b)
E=
(d)
(e)
(f)
(g)
(h)
(i)
(j )
(k)
(1)
(m)
(n)
(o)
(p)
(q)
Elv''i
(r)
SECTTON 202
'
Tampering with or
victim,
informant,
Rape;
retaliating
or iuror,.
the
against
a witness,
rrr+.
Arson,'
Money laundering;
Felony vandaLism;
Unl-awful- sale of a firearm;
Obstruction
of justice.
"Reservation
body of
l-rorrr
4 v ! v s r v ,
(s)
'
Intimidation;
Compelling organizational
membership ;
Homicide or manslaughter;
Shooting at an occupied dwelling
or motor vehicle;
Kidnapping;
Car jacking;
Robbery;
Burglary;
Drive-by shooting;
Unl-awful use or possession of weapons;
'l'nrl-
{r)
(u)
| l- av\r
or
BueinesE Conunittee or rrRBe,' means the governing
Fond du Lac Band of Lake Superior
Chippewa.
IIf,TERPRETATION
The provisions
of this Ordinance shall be interpreted
which gives plain effect
to its terms and purposes,
unnecessary conflicts
of 1aw.
in a manner
and to avoid
EIIAPTER 3
PROHIBITION AGAINST GAI{G.RELATED ACTIVITY OR RECRUITI{EIiIT;
IDEIITIFICATION
OF PRESIIMPTIVE GAI{G MEMBERS
SECTION 301
PROHIBITION AGAINST GAIVG-RELATEDAETIVITY
The commission
defined
under
prohibited.
SECTION 302
of any gang-related
Section
2Ol (e)
of
PROHIBITION
It is hereby prohibited
lands r
activity
on Band l-ands, ds
this
Ordinance,
is
hereby
AGAINST GAI{G RECRUIT}TEIIT & REPRISAI,
to engage in the following
conduct on Band
any person to join
a.
To recruit,
a gang i ot
b.
To expressly
or impliedly
threaten
to do bodily
harm to any
person or that person's family or use any other criminally
unlawful
means to deter any person from leaving
a gang or
disassociatlng
himself or hersel-f from gang-related activity.
SECTION 303
solicit,
entice
IDEMTIFICATION
or
intimidate
OF PRESIIMPTIVE GAI.IG MEII{BERS
A person shall be presumed to be a gang member for the purposes of
this ordinance if there is any record by any l-aw enforcement agency
or court system identifying
the individual
as meeting any three of
the following
criteria:
a.
b,
c.
d.
F
f.
The person has admit.t.ed to being a gang member;
The person is observed to associate with known gang merdbers,'
The person has gang tattoos to show allegiance;
The person wears gang symbols or colors which are associated
with a gang;
The person is photographed
with known gang members or shows
other overt signs of gang invol-vement i
The person is recorded
and written
on gang documents and
*-^Ft'i
r.i
:j!a!rrLri
g.
The person is identified
by a reliable
source (e.g. a teacher,
social
worker,
1aw enforcement, officer)
as being a gang
mFfil
h.
i
-
l-ra
1^ .
The person is arrested
The person corresponds
email-, etc. ,' and/or
with
with
g a n g members r'
gang members by telephone,
mai1,
The person
notebooks,
writes gang symbols and other
school- w o r k , e t c .
gang affiliation
on
CIIAPTER +
REPORTING & ADMINISTRATTON
SECTION 401
CREATION
OF
F D I . T G A N G- R E I . T A T E D D A T A B A S E ;
MAIMTENAI{EE OF IIIDIVIDUAIJIZED
RECORDS
The Chief of Police
of the Fond du Lac Band shall
maintain
a
database of all gang-related
activities,
recruitmenL,
reprisals,
gang members arising
and presumptive
or operating
wit.hin the Fond
du Lac Reservation.
The database shalI incl-ude an individualized
record of every identifiable
person who is named in a report
generated by the Fond du Lac Police Department who has engaged in
conduct described in Chapter 3 of this Ordinance.
The contents of
the database shall
be treated
as confidential
and shalf not be
disclosed except as provided under Section 402.
SEETION 402
DISSEMINATION
OF RECORDS
An y r e c o rd s g e n e ra te d under Chapter 3 of this
Or dinance or
maintained under Section 401 may be disseminated, in the sound
discretion
of the Chief of Pol"ice, to the fol-Iowing agencies:
a.
b.
c.
d.
e.
F o n d d u L a c R e se rva tion Business Com m ittee
Fond du l-.,ac Tribal- Attorney
F o n d d u l -,a c D i re cto r
of Housing
M i nn e so ta Ga n g In ve stigative
Data System ; and
Other l-aw enf orcement agencies.
\
U p o n t h e re ce i p t
o f s uch r ecor ds,
each agency shall
authorized
to util-ize
the information
contained therein
a c c o r d a n ce w i th a p p l i ca b l -e l- aw and pr ocedur es.
be
in
EFFECTM
sEeTroN 50L
CITAPTER 5
DATE; AIIIENDIi{EIITOR RESCISSION
EFFECTIVE
DATE
The provisions
of this Ordinance shall be effect,ive
of adoption by t h e R e s e r v a t i o n B u s i n e s s C o m m i t t e e .
SECTION 502
The provisions
Resolution of
on the date
AI{EITD}ENT OR RESCISSION
of
the
this Ordinance may be amended or
Fond du Lac Reservation Business
rescinded by
Committee.
CERTIFICATION
We do hereby certify
that the foregoing Ordinance #08/l-O was duly
presented and adopted by Resol-ution #l-379/L0 hy a vote of 3 for,
0 againsL, 0 silent,
with a quorum of 4 being present at a Special
Meeting of the Fond du Lac Reservation Business Committee held on
October 19, 2010, on the Fond du Lac Reservation.
en R. Diver,
I a w s : 2 0 1 0 . 0 8 ( 2 0 1 0 .1 0 , t 9 )
Ferdinand
Martineau,
Secretary/Treasurer
Fond du Lac Band of Lake SuperiorChippewa
ReservationBusinessCommittee
1720Big LakeRd.
Cloquet,MN 55720
Phone(218)879-4593
Fax(2I8) 879-4146
RESOLUTION
ENACTING AI{ ORDIIIAI{CE TO PROHIBIT
GA!{G.F.ELATED ACTIVITY
ON THE FOIID DU IJAC RESERVATION
The Fond du Lac Reservation Business Committee, on behalf
of the Fond du l,ac Band of Lake Superior
Chippewa, hereby
enacts the following
Resolution:
Chairwrtman
Karen R. Diver
Secretary/Treasurer
F'erdinantl Martineau, Jr.
Dist. I Representative
Wally Dupuis
Dist. II Replesentative
Sandra M. Shalriash
Dist. III Representative
Mary S. Northrup
Exccuitve I)irector.
'fribal
Progranrs
Chuck Walt
WHEREAS, the Fond du Lac Reservation
is a sovereigrrty,
created by the Treaty of September 30, l_854,
l-0 Stat.
1.109, tss the permanent home of the
Fond du Lac Band of Lake Superior
Chippewa,
jurisd.iction
which possesses the inherent
and
authority
to
exercise
regrulatory
conbrol
within
the boundaries
of
the Fond du Lac
Reservation;
and
V\]HEREAS, it is the sovereign obligation
of the Fond du
I-,ac
Reservation
Business
Committee,
as
Governing
Body of the Fond du Lac Band under
the Indian Reorganization Act, 25 tJ.S.C. S 45j_
et seq.,
and in accordance with
the Indian
Self Determination Act,
25 U.S.C. S 4S0 et
seq., to assume the responsibilities
of self
government;
and
WHEREAS, the
Reservation
Business
Committee
has
determined
it to be necessary and in the best
interests
of the Fond du L,ac Band to prohibit
gang-refated
activity
on the
Fond du Lac
Reservation,
and has developed
an Ordinance
for that purpose; and
NOW THEREFORE BE IT RESOLVED, that
the Fond du Lac
Reservation
Busin_qss Committee hereby enacts
,,prohibiLion
FDL ordinance
#Jt/!p entitled
of
Gang-Related
Activity
on the
Fond du Lac
Reservati_on,,, to be effective
immediatelv.
CERTIFTCATTON
We do hereby certify
dulV present,ed
end
O- iguinsr, .J_sil
f'E-E
present
that
acted
the foregoing
Resolufi[.on was
upon by a vote of {
for,
at a DEgLt
201-0 on the
Fond du Lac Reservation.
Diver,
Ferdinand
Ma
Secr etar y/Tr easur er
12R101910