Sault Tribe Press Release on Separation of Powers

MEDIA RELEASE
FOR IMMEDIATE RELEASE: December 20, 2007
SAULT STE. MARIE, MI

SAULT TRIBE FUNCTIONAL ‘SEPARATION OF POWERS’ ANNOUNCED

SAULT STE. MARIE, MI – Tribal Chairperson Aaron Payment announced today
that pursuant to the authority granted to the Chairperson/CEO in the
Sault Tribe Constitution and Bylaws, he has established a new
organizational chart that creates a functional separation of powers for
key functions of the Tribe including Tribal Courts, Prosecution, Law
Enforcement, Juvenile Detention, Gaming Compliance, Tribal Registrar,
Natural Resources/Treaty Rights, Human Resources Compliance, Housing
Commission, and Appropriations/ Fiscal compliance.

According to Payment, “The purpose of this action is to insulate these
functions from Tribal politics and to allow these functions to operate
semi-autonomously from both the Chairperson and the Board of Directors.
By their nature, these functions exist as government services and are
governed by separate Tribal Ordinances, and/or Board enacted policies
such that direct and managerial oversight by the governing body
conflicts with Tribal law and is therefore not appropriate.”

According to Article II, Section 1 of the Sault Tribe Constitution and
Bylaws:  “The Chairperson shall preside over all meetings of the board
of directors, perform all duties consistent with the office as chief
executive officer of the tribe, and exercise any other lawful authority
delegated the chairperson by the board of directors.”

On November 7, the Tribal Board of Directors purported to pass an
organizational chart change that would eliminate the functional
separation of powers but did so by a motion rather than by resolution
which is stipulated in Tribal law and reads as follows:

14.111 Ordinances, Resolutions and Motions.  (2) The Board of Directors
will act by resolution as follows:  (d) if the matter regulates the
management of the Tribe or subdivision of the Tribe and is meant to be
permanent until changed.

In order for the previous action of November 7, 2007 to take effect, the
Tribal Board of Directors is required by Tribal law to have passed a
resolution which is then subject to challenge by the Tribal Membership
pursuant to the Sault Tribe Constitution (Article IX, Right of
Referendum).  Tribal law was not followed; therefore, until the Board of
Directors passes a resolution to change the organizational chart, the
attached organization chart shall remain in effect.

For more information about this media release, please contact the Office
of Tribal Chairperson at (906) 635-6050 or by e-mail at
apayment@saulttribe.net.