Absentee-Shawnee Tribe of Indians of Oklahoma
Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Economic Development Authority
Section 200. Economic Development Authority Created
(a) Pursuant to the authority vested in the General Council of the Absentee Shawnee Tribe of Oklahoma by Article VI, Section 7(e) of the Constitution, and through its authority and duty to provide for the health, safety, morals, and welfare of all persons within the jurisdiction of the Tribe, Resolution AST-GC-88-03 established and created a public body corporate and politic known as the Absentee Shawnee Economic Development Authority (“Authority”) which shall be an agency of the Absentee Shawnee Tribe of Oklahoma having the purposes, powers, and duties as herein or hereafter provided by Tribal law.
(b) In any suit, action, or proceeding involving the validity or enforcement of, or relating to any of its contracts, the Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of this ordinance, duly certified by the Secretary of the Tribe, shall be admissible in evidence in any suit, action, or proceeding. The Tribal Courts shall take judicial notice of the Title.
Absentee Shawnee Economic Development Act Section 200, AST ECON DEV Act Section 200
Section 201. Board Created--Number
The affairs of the Authority shall be managed by the Board of the Economic Development Authority composed of five (5) persons.
Absentee Shawnee Economic Development Act Section 201, AST ECON DEV Act Section 201
Section 202. Appointment of Board Members
The Board Members shall be nominated by the members of the Authority and appointed by a majority vote of the Authority, and be confirmed by the Executive Committee as expressed by Executive Resolution.
When one or more vacancies occur on the Economic Development Authority, nomination(s) for appointment to the Authority shall be made by members of the Authority within thirty (30) days of such vacancy or vacancies. The Authority shall have thirty (30) days to consider the nomination(s) and either confirm or reject the appointment(s). This process shall continue until the vacancies are filled.
Absentee Shawnee Economic Development Act Section 202, AST ECON DEV Act Section 202
Section 203. Qualifications of Board Members
(a) A Board member may be a member or non-member of the Tribe, and not more than two (2) Board Members at any one time may be members of the Executive committee provided, that the majority of the board shall be comprised of members of the Absentee Shawnee Tribe of Oklahoma.
(b) No person shall be barred from serving on the Board because he is an employee of an enterprise of the Authority or the Tribe, or has a business contractual relationship with the Authority or the Tribe, or operates a private business within the Tribal jurisdiction. However, no such Board Member shall be entitled or permitted to participate in or be present at any portion of a meeting (except in his capacity as a member of the public or as an employee), or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations or status.
(c) Each Board member shall be at least twenty-one (21) years of age and legally capable of entering into a binding contract.
(d) No person who has been finally convicted in any court of competent jurisdiction of a felony or other crime involving embezzlement, fraud, or moral turpitude shall serve on the Economic Development Authority.
(e) Each Board member shall take an oath to support and defend the Constitution and laws of the Absentee Shawnee Tribe of Oklahoma and shall sign a Certificate of Eligibility on which the Board Member shall attest: “I hereby certify that I have read the qualifications for members of the Board of the Absentee Shawnee Economic Development Authority and that I meet the qualifications prescribed by law.”
(f) Each nominee shall be required to submit a Resume (as defined in Section 103(h) of this Title) for review by the Economic Development Authority at the time the individual is nominated by a member of the Economic Development Authority for appointment to the Board.
(g) All nominations and appointments to the Board of the Economic Development Authority shall comply with the nepotism rule as set forth in Section 103(e) of this Title.
Absentee Shawnee Economic Development Act Section 203, AST ECON DEV Act Section 203
Section 204. Term of Office
The first terms of office shall be five (5) years. Thereafter, all appointments shall be for five (5) years beginning from the date following the regular expiration of the particular seat on the Board, except that in the case of a vacancy occurring prior to the expiration of a regular term, an appointment to that seat shall be only for the length of the unexpired term. Each member of the Board shall hold office until his successor has been appointed.
Absentee Shawnee Economic Development Act Section 204, AST ECON DEV Act Section 204
Section 205. Officers
(a) The Board of the Economic Development Authority shall elect from among its members a Chairman, and a Vice-Chairman, and a Secretary/Treasurer.
(b) The officers shall serve as officers at the pleasure of the Economic Development Authority for a term of one (1) year. Removal of a member from an elected office shall not be deemed to be a removal from the Economic Development Authority. However, removal of an officer from the Economic Development Authority pursuant to Section 206 of this ordinance shall constitute a removal from his office whether or not specifically so stated in the removal proceedings.
Absentee Shawnee Economic Development Act Section 205, AST ECON DEV Act Section 205
Section 206. Removal of Board Members
A member of the Board may be removed by the Executive Committee for serious inefficiency or neglect of duty or for misconduct in office as defined in Section 103(e), (g) and (l) of this Title, but only after a hearing before the Executive Committee, and only after the member has been given a written notice of the specific charges against him at least fifteen (15) days prior to the hearing. At any such hearing, the members shall have the opportunity to be heard in person or by counsel and to present witnesses in his/her behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and finding thereon, shall be filed with the office of the Tribal Secretary. The Tribal Secretary shall furnish a record to the Executive Committee for such purpose upon request. Notwithstanding the defense of sovereign immunity, any person removed from his position as a member of the Economic Development Authority may appeal such removal by filing, in the Tribal Court only, a civil action for injunctive and declaratory relief naming the Executive Committee as defendant. The Tribal Court shall review the record of the removal proceedings, and if prejudicial error was committed, or if no just cause is shown therein for the removal, the Tribal Court may vacate the removal and declare that such person is still a member of the Board and the Executive Committee shall be bound by such decision. The parties shall have the right to appeal such court findings as in other cases, and the Tribal Court shall not vacate the order of the Executive Committee if it determines that any error found in the proceedings was harmless.
Absentee Shawnee Economic Development Act Section 206, AST ECON DEV Act Section 206
Section 207. Compensation to be Paid
The members of the Economic Development Authority may receive compensation for their services at a rate to be established by the Executive Committee, and reimbursement for expenses, including traveling expenses, when incurred in the discharge of their duties. Expenses may be advanced with the approval of the Economic Development Authority. No member of the Economic Development Authority shall have his compensation reduced during his term of office, except that if funds be unavailable for appropriation, the compensation of all board members may be reduced proportionally to the availability of funds.
Absentee Shawnee Economic Development Act Section 207, AST ECON DEV Act Section 207
Section 208. Quorum
Three (3) members of the Board shall constitute a quorum.
Absentee Shawnee Economic Development Act Section 208, AST ECON DEV Act Section 208
Section 209. Duties of Officers
(a) The Chairman of the Board shall preside at all meetings of the Board, and shall generally be responsible for the efficient and orderly functioning of the Authority.
(b) The Vice-Chairman of the Board shall assume the duties of the Chairman in his absence, or upon his neglect, failure, or refusal to undertake the duties required or delegated to him by law.
(c) The Secretary/Treasurer of the Board shall keep complete and accurate records of all meetings and actions taken by the Board. One copy of the record of the meetings and actions taken by the Board shall be filed in the Tribal Secretary's office, and shall keep full and accurate financial records, make periodic reports to the Board, and submit complete quarterly and annual reports, in written form, to the Executive Committee as required by Section 501 of this ordinance.
(d) The remaining members of the Board may assume any and all duties assigned to them by the Economic Development Authority.
Absentee Shawnee Economic Development Act Section 209, AST ECON DEV Act Section 209
Section 210. Meetings
Regular meetings of the Board shall be held at least once each calendar quarter on such day as may be established by rule of the Board. Special or emergency meetings may be held upon seventy-two (72) hours actual notice, or upon such notice as the Board may by rule determine, and business transacted, provided that not less than a majority of the full Board concurred in the proposed action. Meetings may be held by telephone conference.
Absentee Shawnee Economic Development Act Section 210, AST ECON DEV Act Section 210