8-10-5. PROSECUTORIAL DISCRETION TO BRING EXCLUSION ACTION.

Whenever a request is filed pursuant to Section 6 of this Ordinance, the Tribal Prosecutor shall cause the matter to be investigated sufficiently to determine whether, in his discretion, an exclusion action should be filed on behalf of the Tribe. No complaint shall be filed unless the Tribal Prosecutor determines that (1) there is reasonable basis to believe that the potential respondent committed one or more acts that constitute grounds for exclusion, as set forth in Section 5, and (2) the alleged acts were of sufficient severity or are sufficiently likely to be repeated to warrant filing of a complaint. Unless a complaint for exclusion is filed in Tribal Court, the Prosecutor shall keep the existence and content of the request for exclusion and all information resulting from the investigation of the request confidential, except to the extent that disclosure is necessary to properly investigate the allegation in the request. The Tribal Council may, however, by resolution, order release of such information to the Tribal Council.