Resolution 2017-241 RESOLUTION NO.2017- 2 41
A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY,
FLORIDA ADOPTING A GOVERNMENT-TO-GOVERNMENT TRIBAL COMMUNICATION
POLICY PERTAINING TO TRIBAL GOVERNMENTS LOCATED IN COLLIER COUNTY,
FLORIDA
WHEREAS, on June 9, 2017, the Collier MPO adopted a Tribal Government-to-
Government Public Involvement Policy to promote and encourage communication and collaboration with
two federally recognized and a third established Tribal Government located within Collier County,
Florida; and
WHEREAS,the Board of County Commissioners of Collier County, Florida(the "Board")
believes there is a benefit to adopting a similar proactive policy that memorializes the means of
communication, consultation and collaboration between the Board and those Tribal Governments when
the Board engages in processes or projects that may affect Tribal governments, Tribal programs and Tribal
citizens; and
WHEREAS, the Government-to-Government Public Tribal Communication Policy
attached hereto as Exhibit "A," sets forth the purpose, goals, core principles and the application of the
consultation policy in furtherance of establishing steadfast relations with the County's Tribal
Governments and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The Collier County Board of Commissioners adopts the Government-to-Government Tribal
Communication Policy attached hereto as Exhibit"A."
2. The Government-to-Government Tribal Communication Policy shall take effect upon
adoption by the Board.
This Resolution PASSED and duly adopted by the Collier County Board of Commissioners after
majority vote on this 12"day of December,2017.
ATTESTS b BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROOK,CLERK COLLIER COUNTY,FLORIDA
By: -Fa/1
ttes as to; airman's PENNY TA R,C • I.I
signature only.
Approv d a o and legality:
colt R. eac
Deputy County Attorney
it
Exhibit"A"
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS'
GOVERNMENT TO GOVERNMENT TRIBAL COMMUNICATION POLICY
I. Purpose: To promote, initiate and maintain a positive working relationship between the Collier
County Board of County Commissioners ("BCC") and Tribal governments through effective
collaboration and communication between the BCC and Tribes.
II. Goals of Tribal Consultation:
• To create durable relationships between the Tribes and the BCC based on a mutual respect that
promotes service to all the County's citizens.
• For the BCC to take a proactive approach to consultation by ensuring Tribal participation in BCC
processes that may affect Tribal governments,Tribal programs and Tribal citizens.
III. Definitions
Collaboration: —Indicates a process in which two or more parties work together to achieve a common
set of goals. Collaboration is the timely communication and joint effort that lays the groundwork
for mutually beneficial relationships, including identifying issues and problems, identifying
solutions and providing follow-up as needed.
Communication: -Refers to verbal, electronic or written exchange of information between the BCC and
the Tribe. Generally, posting information on a website or in the newspaper does not constitute
consultation. Written correspondence,whether electronic or letter/postal format, should generally be
sent to the Tribe Chair with a copy to staff, requesting review and comment on specific plans or
projects that will affect a Tribe. While Tribal review may occur concurrently with public review,
Tribes are not considered the"public"for purposes of such communication.
Consultation— Means that one or more parties confer with other identified parties in accordance with
an established process and, prior to taking action(s), considers the views of the other parties and
periodically informs them about action(s)taken.
Government-to-Government Relations: Refers to an intergovernmental relationship between a federally-
recognized Tribe and the BCC during which consultation, meetings, and communications occur
between top-level officials of the BCC or its staff and the Tribe.
Tribal Sovereignty: Refers to a unique, political relationship between American Indians and the United
States government that recognizes that Tribes are sovereign nations with recognized powers of self-
government.
N. Effected Tribes
The two Federally-recognized Tribes with land holdings within or abutting Collier County are:
• The Miccosukee Tribe of Indians of Florida, represented by the Business Council,
consisting of Chairman,Assistant Chairman,Treasurer, Secretary,and Lawmaker
Mailing address:
PO Box 440021
Tamiami Station
Miami,Fl 33144
Tel: 305-223-8380
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• The Seminole Tribe of Florida, represented by the Tribal Council comprised of Chairman,
Vice Chairman, Big Cypress Councilman, Brighton Councilman, and Hollywood
Councilman
Mailing address:
Attn: Chairman and General Counsel
6300 Stirling Rd
Hollywood,FL 33024
Tel: 239-354-5220 x 11402
This policy also extends to The Council of the Original Miccosukee Simanolee Nation Aboriginal
Peoples,which has not sought Federal recognition. The Council's contact information is as follows:
Bobby C.Billie,One of the Clan Leaders and Spiritual Leader
Council of the Original Miccosukee Simanolee Nation Aboriginal Peoples
PO Box 1452
Lake Placid,FL 33862
Email: Ancientrees@hotmail.com
For FedEx deliveries mail to:
Bobby C.Billie
258 Boston Way
Lake Placid,FL 33852
V. Core Principles
1. The BCC wishes to establish a Government-to-Government relationship and communication
protocol in recognition of the principle of Tribal sovereignty.
2. The BCC recognizes that good faith, mutual respect, and trust are fundamental to meaningful
collaboration and communication between governmental entities.
3. Formal communication and consultation will take place between the BCC Chair or Vice Chair
and the Tribal Chair or Assistant/Vice Chair. Written notification in the form of an email or
letter requesting consultation may be initiated by either the Tribal government or the MPO and
should include the following information:
• Identify the proposed action,program or project requiring consultation;and
• Identify the personnel authorized to consult on behalf of the BCC and the Tribe.
4. Informal Communications may occur between BCC staff and designated Tribal staff members
on an as-needed basis. The BCC will include designated Tribal staff members or
representatives on email distribution lists to receive notifications of all upcoming BCC
advisory committee and Board meetings. BCC staff will provide convenient access to meeting
agendas and packets for review and be available to answer questions.
VI. Application of Tribal Communication Policy
1. The BCC will make a good-faith effort to review all proposed plans, policies, rulemakings,
actions or other processes that may affect or impact Tribal resources and determine whether
Tribal consultation or collaboration may assist in the process. The BCC will notify Tribal
governments and inquire whether Tribal consultation should occur. Tribal Officials have the
discretion whether to engage in the consultation process. Consultation will be initiated by formal,
written request.
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2. If the BCC does not receive a response from a Tribe requesting a response to a proposed plan,
project, process or other matter that may affect or impact a Tribal government, the BCC is
encouraged to follow up further with the Tribal government to ascertain its level of interest. If no
response is provided, the BCC believes that it is only appropriate to move forward after the
following: (a) directly contacting a Tribal government authorized representative to solicit its
participation, review and comment after providing sufficient time for the Tribe's review and
response; (b) that the direct communication/request for information or comment include a date
when the BCC would like the response; and (c) that a minimum of thirty (30) days be provided
for the Tribal government to provide for requests for information, or review and comment on
draft documents.
3. The BCC recognizes that formal consultation may not be required in all situations or interactions.
Tribal staff members and BCC staff may communicate on an as-needed basis. These
communications do not negate the authority of the BCC and the Tribes to pursue formal
consultation.
4. This policy will not diminish any administrative or legal remedies otherwise available by law to
the BCC or the Tribe. This policy shall not be construed to waive the sovereign immunity of any
party or create a cause of action for either party for failing to comply with this policy.
5. This policy is a working document and may be revised as needed. The BCC will consult
periodically with the Tribes to evaluate its effectiveness and determine the need for revision.
6. The policy shall become effective upon the date adopted by the BCC.
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