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A Tribe can still submit an emergency NCAI resolution on Indian Affairs’ proposal to put permanent records at risk of destruction – Turtle Talk

A Tribe can still submit an emergency NCAI resolution on Indian Affairs’ proposal to put permanent records at risk of destruction – Turtle Talk

NCAI is accepting late resolutions only if they are emergency in nature and national in scope, and they must be received by Tuesday, October 20, at 12 p.m. Pacific (3 p.m. Eastern). Only NCAI individual Indian members in good standing may submit, using NCAI’s 2026 template through its online portal. Could an NCAI member, working with their Tribe, ask NCAI to urge Interior and NARA to protect these records? A preliminary draft ILPC comparison of the proposed schedule and the available 2005 schedule reviews 164 record types. It finds 101 proposed for temporary treatment. Of those, 23 are expressly permanent under the available 2005 schedule, 59 appear permanent based on “P” file codes, 17 have current policies the guide could not verify, and two have code or title conflicts. These are counts of record types, not files or volumes. The proposal would assign permanent treatment to 63 types. The proposed temporary categories include: Program records, including forestry and timber reports, American Indian Records Repository research and access files, and routine operations of educational facilities. Proposed destruction is 15 to 25 years after cutoff. Long-term trust records, including 48 types. They could become eligible for destruction after 50 years, with reassessment every 10 years and approval by two records officers. Contracts, grants, and financial monitoring, including self-determination construction contracts, Tribal attorney contracts, self-governance grants, invoices, and debt collection. Proposed destruction is 12 years after cutoff. Human services and legal records, including adoption records, ICWA grant review files, child assistance and abuse reports, court and adoption agency case files, legal activity reports, and Court of Indian Appeals case files. These could become eligible after 50 years, with reassessment every 10 years. Audits and investigations, including murder, suicide, and illicit substance case files; Internal Affairs investigations; and external, GAO, gaming, and education audits. These could become eligible after 50 years, with later reviews and additional approvals. These records can document what the federal government held, knew, decided, and did. Trust accounting records may support account reconstruction, audits, and claims. Adoption, child welfare, contract, education, law enforcement, and investigation records can preserve evidence about government actions affecting Tribal governments and Native people. If no complete copy survives, a record may be unavailable when a Tribe later needs it. Federal law imposes specific trust accounting and audit duties, but no general retention period for every record series. A series-by-series analysis is needed to explain how the proposed periods account for the duties and evidence those records serve. A resolution could ask NCAI to urge Interior not to implement the proposed schedule or destroy records under it, and NARA to defer approval until Tribes receive and can review the missing crosswalk and inventories. It could also call for retention periods tied to specific legal and accounting duties, with safeguards for records subject to legal holds or connected to unresolved trust accounts, audits, administrative matters, or pending claims. To submit an emergency resolution, download the NCAI 2026 template and submit through the emergency resolutions portal. Membership questions go to [email protected]; resolution submission problems go to [email protected]. Indian Affairs consultation and comments Online consultations are scheduled for October 26–29. Register here. Written comments are due November 30, 2026, at [email protected]. This consultation is separate from NARA’s planned closure of its Chicago and San Francisco facilities. The Indian Affairs schedule would determine whether records are kept or destroyed. The NARA closures concern where archival records are relocated and how researchers can access them. NARA held Tribal listening sessions on the closures on October 13 and 15. Resources Related Source link

October 20, 2026

Civil Rights – Arson investigation – Qualified immunity

Civil Rights – Arson investigation – Qualified immunity

Where a complaint has been filed against a defendant city and its police chief, the complaint must be dismissed because the police chief is entitled to qualified immunity and the city may not be held liable for her actions. “Daniel and Linda Lupu bring this lawsuit under 42 U.S.C. §1983 and state law against the City of Ovid and Ovid Police Chief Lisa Rousseau. Plaintiffs assert that Rousseau abused her powers as police chief while conducting a baseless investigation into whether a fire at Plaintiffs’ home was caused by arson. Plaintiffs assert a Fourth Amendment unreasonable search and seizure claim, a First Amendment retaliation claim, a Fourteenth Amendment substantive due process claim, and a state-law defamation claim. Before the Court is Defendants’ motion for summary judgment (ECF No. 45). Viewing the facts in the light most favorable to Plaintiffs, the Court finds that Rousseau violated the Fourth Amendment, but did not violate the Due Process Clause, the First Amendment, or Michigan defamation law; Rousseau is entitled to qualified immunity regarding the Fourth Amendment claim; and the City may not be held liable for Rousseau’s Fourth Amendment violation. Accordingly, the Court will grant Defendants’ motion and dismiss Plaintiffs’ claims. … “Plaintiffs claim that Rousseau violated the Fourth Amendment by conducting a warrantless search and seizure of their property. Viewing the facts in the light most favorable to Plaintiffs, the Court finds that (1) Rousseau violated the Fourth Amendment, but (2) Rousseau is entitled to qualified immunity, and (3) the City may not be held liable for Rousseau’s actions. Thus, the Court will grant summary judgment to Defendants on Plaintiffs’ Fourth Amendment claim. … “Here, undisputed facts establish that Rousseau entered the curtilage of Plaintiffs’ home. … “The Court also agrees with Plaintiffs that Rousseau seized their property when she stopped Ameri-Pro from working and barred anyone from entering the home. … “To summarize: Daniel did not consent to the search and seizure of his home, and the exigency exception does not apply because the seizure lasted an unjustifiably long time and no probable cause existed. Thus, Rousseau’s conduct violated the Fourth Amendment. … “The Court finds that Rousseau is entitled to qualified immunity for two reasons. First, while the Court held above that Daniel did not consent to Rousseau’s actions, it finds that the lack of consent was not clearly established as a matter of law. … “Second, it was not clearly established that no probable cause existed to justify Rousseau’s search under the exigency exception. … “Even though the facts outlined above do not create probable cause, they do provide enough circumstantial evidence of foul play that Rousseau’s belief in the existence of probable cause was a reasonable mistake. Plaintiffs do not cite, and the Court has not found, any case law clearly establishing that probable cause did not exist in an analogous scenario. … For this reason, Rousseau is not liable for the initial search and seizure. “Thus, Rousseau is entitled to qualified immunity on Plaintiffs’ Fourth Amendment claim, and that claim will be dismissed. … “In short, Plaintiffs have failed to establish that the City of Ovid is liable for Rousseau’s constitutional violations, so the Fourth Amendment claim against the City will be dismissed. … “As discussed above, Plaintiffs’ Fourth Amendment claim against Rousseau is barred by qualified immunity, their Fourth Amendment claim against the City of Ovid is barred by the municipal liability doctrine, and they have established no other violation of law. Accordingly, Defendants are entitled to summary judgment on all counts.” Lupu v. City of Ovid; MiLW No. 03-111265, 28 pages; U.S. District Court for the Western District of Michigan; Jarbou, C.J. Source link

October 19, 2026

Kaibab Paiute Tribe RFP for General Legal Counsel Services – Turtle Talk

Kaibab Paiute Tribe RFP for General Legal Counsel Services – Turtle Talk

The Kaibab Paiute Tribe seeks proposals from qualified attorneys or law firms to provide general legal counsel services. The selected counsel will serve as the primary legal advisor to the Kaibab Paiute Tribal Council and designated departments. The Tribe’s RFP outlines the requirements and expectations for prospective respondents. The RFP can be accessed here. Proposals are due no later than Monday, November 9, 2026 at 11:59 pm. Related Source link

October 19, 2026

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