John "Rocky" Barrett
D. Wayne Trousdale
Article 6, Section 2 of the Tribal Constitution grants the Tribal Chairman managerial powers over the tribal government and its businesses through the phrase: “The Chairman shall have general supervision of the affairs of the Council and of the Business Committee.”
More importantly, Article 6 does not limit the manner in which the Executive Officer speaks and acts for the tribe in the manner it limits the Business Committee to speaking and acting by resolution or ordinance only. This clearly determines that the day to day operations of the tribe and its businesses were intended by the framers of the Constitution to be managed by the Tribal Chairman or his designate to whom he delegates Executive authority.
Executive Officer authority beyond simply presiding over meetings of the Business Committee was clarified in Supreme Court Case 01 – 01. This case dealt squarely with the issue of separation of powers when the Business Committee sought to limit the ability of the Chairman to act for the tribe by purporting to hire and fire a manager for the tribal affairs and was prohibited by the Tribal Court on Constitutional grounds.
The Vice Chairman acts for the Chairman in his absence and undertakes such other duties as are assigned by the Chairman.
The Secretary/Treasurer has specific duties over monies and records of the Citizen Potawatomi Nation Indian Council, maintaining a tribal roll and custody of the records of the Council. He acts as the authenticating signature on acts of the Council and issues notices of meetings of the Council or Business Committee as directed by the Business Committee or the Council. In the absence of the Chairman or Vice-Chairman he can call a meeting of the Council and chair it until a Chairman pro-tem is selected by the Council. In practice, but not by Constitutionally delegated powers, he also acts as the authenticating signature on resolutions and ordinances of the Business Committee.