Ordinances of the Elk Valley Rancheria, California
Last amended: 2002
Elk Valley Rancheria Ordinance No. 99-36
AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA ENACTING A TRIBAL CODE
The Tribal Council of the Elk Valley Rancheria ("Tribe") does hereby ordain as follows:
Section 1. Findings and declarations. The Tribal Council, in enacting this Ordinance, finds and declares that:
A. In order to provide for the efficient operation of the Tribal Government, it is necessary to adopt a Tribal Code.
B. The Tribal Code shall provide for the orderly administration of the day-to-day business affairs of the Tribe and establish the official positions necessary to operate the Tribal Government.
C. This Ordinance promotes the public health and safety and is in the best interests of the Tribe and all residents of the Elk Valley Indian Rancheria ("Reservation").
Section 2. Adoption of Tribal Code. A Tribal Code is hereby established which shall provide as follows:
1.01.020 Title -- Citation -- Reference.
1.01.030 Ordinances Included in Code.
1.01.040 Reference Applies to Amendments.
1.01.050 Title, Chapter and Section Headings.
1.01.060 Effect of Code.
1.01.070 Resolution and Ordinance Books.
1.01.010 Adoption. Pursuant to Article V, Section 1(i) and (1) of the Constitution of the Tribe, there is hereby adopted the Elk Valley Tribal Code, which shall be codified as provided herein.
1.01.020 Title -- Citation -- Reference. The code adopted by this ordinance as codified in this chapter shall be known as the Elk Valley Tribal Code, and it shall be sufficient to refer to said code as the Tribal Code in any prosecution for the violation of any provision thereof or in any proceeding at law or in equity. It shall be sufficient to designate any ordinances adding to, amending, correcting or repealing all or any part thereof as an addition to, amendment to, correction or repeal of, the Tribal Code.
1.01.030 Ordinances Included in Code. Ordinances enacted prior to this Ordinance shall remain in effect and are the law of the Tribe, and will be made a part of the Elk Valley Tribal Code. All ordinances enacted prior to or after this Ordinance shall be assigned a title by the Tribal Council of the Tribe and shall be codified by title and divided into Chapters and sections as part of the Tribal Code.
Within thirty (30) days from the adoption of this Code, the Tribal Council shall adopt a resolution establishing the titles for the Tribal Code. Within sixty (60) days from the adoption of said resolution, the Secretary of the Tribal Council shall codify all Ordinances of the Tribe under the titles established by the Tribal Council. Only the substantive provisions of Ordinances shall be codified. The Code shall contain an index and shall be available for inspection and copying at such times, places, and at such costs as the Tribal Council shall, from time to time, establish by resolution.
1.01.040 Reference Applies to Amendments. Whenever a reference is made to the Tribal Code or to any part thereof, that reference shall apply to all amendments, corrections and additions now or hereafter made.
1.01.050 Title, Chapter and Section Headings. Title, chapter and section headings contained in the Tribal Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section thereof.
1.01.060 Effect of Code. Neither the adoption of the Tribal Code nor the repeal or amendment thereby of any ordinance or part of any ordinance of the Tribe shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the Code, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit submitted pursuant to any ordinance; and all rights and obligations arising therefrom shall continue in full force and effect.
1.01.070 Resolution and Ordinance Books. In addition to the Tribal Code, the Secretary of the Tribal Council shall prepare and maintain a resolution and an ordinance book. The resolution book shall contain all Tribal Council resolutions in reverse chronological order. The Ordinance book shall contain all Ordinances and referendum measures of the Tribe in reverse chronological order. Both books shall contain an index.
1.01.080 Severability. If any section, subsection, sentence, clause or phrase of this Tribal Code is for any reason held to be unconstitutional or invalid, such decision shall not effect the remaining portions of this Code. The Tribal Council declares that it would have passed the ordinances codified in this Code and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more such provisions be declared unconstitutional or invalid.
1.04.020 Custodian of Seal.
1.04.030 Tribal Flag.
1.04.010 Adopted. A seal for the Tribe is hereby adopted and shall be described as follows: the seal shall be round and contain the words "Elk Valley Rancheria" at the top of the circle and the words "Crescent City" at the bottom of the circle; the center of the seal shall depict the image of an elk standing to the right of a redwood tree in front of a lake; the seal shall be colored with the elk, redwood tree and words"Elk Valley Rancheria" and "Crescent City" in black; the lake blue; the ground green and the sky red or burnt orange.
1.04.020 Custodian of Seal. The Secretary of the Tribal Council shall be the official custodian of the Tribal Seal.
1.04.030 Tribal Flag. There shall be a Tribal flag containing the seal of the Tribe. The Tribal flag shall be displayed at all Tribal Council meetings and hearings of the Tribal Court.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the Tribe is guilty of a misdemeanor, unless the violation is made an infraction by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance of the Tribe any person convicted of a misdemeanor for violation of an ordinance of the Tribe is punishable by a fine not to exceed One Thousand Dollars ($1,000.00)
C. Each such person is guilty of a separate offense for each and every day during any portion of which a violation of any provision of the ordinances of the Tribe are committed, continued or permitted by any such person, and he/she shall be punished accordingly.
1.08.020 Infractions. In any case where a violation of any provision of this Code is designated as an infraction, such violation is punishable by:
A. A fine not exceeding fifty dollars for a first violation;
B. A fine not exceeding one hundred dollars for a second violation of the same provisions within one year;
C. A fine not exceeding two hundred fifty dollars for each additional violation of the same provision within one year.
1.10.010 Presentation of Claims as Prerequisite to Filing Suit.
1.10.020 Claims Subject to Filing Requirements.
1.10.030 Claims Ordinance.
1.10.010 Presentation of Claims as Prerequisite to Filing Suit. All claims against the Tribe for money or damages shall be presented to the Tribal Council and acted upon as a prerequisite to suit thereon as further provided in this section. All such claims shall be presented on a form approved by the Tribal Council for that purpose within six (6) months from the date that the act or inaction that gave rise to the claim first occurred. Any claim not submitted within the six month period as provided herein shall be forever barred.
1.10.020 Claims Subject to Filing Requirements. Claims subject to the filing requirements of this section shall include, but not be limited to, all claims by all persons, corporations, governments, special districts, associations, or entity of every kind for money damages or equitable relief arising from personal injuries, property damage, both real and personal, and breaches of contract. The provisions of this section shall apply to any claim whether it relates to events, transactions or occurrences that took place prior to the effective date of the ordinance codified in this chapter.
1.10.030 Claims Ordinance. The Tort Claims Ordinance heretofore enacted by the Tribal Council shall remain in effect and shall be codified as part of this chapter of the Tribal Code.
2.01.010 Regular Meetings: Time and Place.
2.01.020 Special Meetings: Time and Place, Notice.
2.01.030 Open to the Public, Exception.
2.01.040 Executive Sessions.
2.01.050 Presiding Officer.
2.01.060 Powers and Duties of the Presiding Officer.
2.01.080 Order of Business.
2.01.100 Minutes: Preparation and Changes.
2.01.110 Minutes: Reading.
2.01.120 Entry of Protests.
2.01.130 Rules of Debate.
2.01.140 Rules of Order.
2.01.150 Failure to Observe Rules of Order.
2.01.160 Rules of Decorum for Council and Staff.
2.01.170 Rules of Decorum for Public.
2.01.190 Voting Procedure.
2.01.200 Voting Procedure: Conflicts of Interest Disqualification.
2.01.210 Failure to Vote.
2.01.220 Tie Votes.
2.01.230 Changing Votes, Abstention.
2.01.240 Reconsideration of Actions.
2.01.250 Reading of Ordinances.
2.01.260 Ordinances, Resolutions and Motions.
2.01.270 Special Committees.
2.01.280 Dangerous Instruments.
2.01.010 Regular Meetings: Time and Place. Regular meetings of the Tribal Council shall be held on the 1st and 3rd Wednesday of each month beginning at 6:30 p.m., at the Tribal Community Center, on the Reservation or at such other times or places on the Reservation as the Tribal Council shall determine from time to time by resolution.
2.01.020 Special Meetings: Time and Place, Notice. Special meetings of the Tribal Council may be called at any time by the Chairperson or by four (4) members of the Tribal Council by directing the Tribal Secretary ("Secretary") to deliver or mail a written notice to each Council member. Such notice shall be delivered personally or by mail seven (7) days before the time of such meeting as set forth in the notice. The notice shall set forth the time and place of the special meeting (which may be at a time and place different from the regular meeting time or place) and the business to be transacted. A copy of the notice shall also be posted at or near the door to the Tribal Council office No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council member who files with the Secretary of the Tribal Council a written waiver of notice. Such waiver may be given by fax transmission. The written notice may also be dispensed with as to any Council member who is actually present at the meeting at the time it convenes and states for the record that they waive notice.
2.01.030 Open to the Public, Exception. All regular and special meetings of the Council shall be open to members of the Tribe, spouses of members and invited guests of the Council; provided, however, the Council may hold executive sessions during a regular or special meeting, from which all members of the public may be excluded, for the purpose of considering the matters set forth in Section 2.01.040 of this Ordinance.
2.01.040 Executive Sessions.
A. The Tribal Council may exclude all persons from a meeting and hold a closed session to discuss or consider any of the following:
1. Whether, based on existing facts and circumstances, a closed session is necessary or authorized by this Ordinance.
2. The appointment, employment, evaluation, performance, disciplinary action of or dismissal of a Tribal employee or to hear complaints or charges brought against such employee by another person or employee. The Tribal Council may also exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the Tribal Council.
3. To confer with its negotiator prior to the purchase, sale, exchange, optioning or lease of real property, including property held in trust for the Tribe, and to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. For purposes of this section "lease" includes renewal or renegotiation of a lease. Provided, however, prior to the closed session, the Tribal Council shall hold an open and public meeting in which it discloses that it is meeting with its negotiator to purchase, sell, exchange or lease real property or properties, and the person or persons who will be negotiating on behalf of the Tribe.
4. To confer with its attorney regarding the introduction of pending legislation or to confer with or received advice from its attorney regarding pending or threatened litigation or to confer with or receive advice from its attorney regarding pending or future negotiation with a federal or state official or agency or private individual where disclosure of the tribe's negotiating position would weaken the position of the Tribe or prevent the Tribe from obtaining contract terms most favorable to the Tribe.
5. To confer with federal, state, or Tribal law enforcement personnel to discuss an ongoing criminal investigation or discuss matters posing a threat to the security of Tribal lands, buildings, or a threat to the public right of access to public services or public facilities.
6. To confer with its attorney or insurance agent/adjuster to discuss a pending or threatened administrative claim for the payment of private and public liability losses or workers compensation liability or an unemployment claim.
B. No member of the Council, employee of the Tribe, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during such executive session unless the Council shall, by a majority vote, authorize the disclosure of such information. Any violation of this subsection shall be grounds for removing the Council member from office, as provided in Article IV, Section 3 of the tribe's Constitution, or for taking disciplinary action, including discharge, against a tribal employee. The Chairperson of the Tribal Council shall bring such charges of removal for a willful violation of this Section by a member of the Council. If the Chairperson has violated this Section, then the Vice-Chairperson shall bring such charges against the Chairperson.
2.01.050 Presiding Officer. The Chairperson shall be the presiding officer at all meetings of the Council. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Secretary of the Council shall call the Council to order, whereupon a temporary presiding officer shall be elected by the Council members present to serve until the arrival of the Chairperson or Vice- Chairperson or until adjournment. Wherever in this ordinance the term Chairperson is used, it shall apply equally to the presiding officer as set forth in this section.
2.01.060 Powers and Duties of the Presiding Officer.
A. Participation. The Chairperson may move, second, debate, and vote from the Chair on any issue or matter before the Council.
B. Signing of documents. The Chairperson shall sign all ordinances, resolutions, contracts, and other documents necessitating his/her signature which were adopted in his/her presence, unless he/she is unavailable, in which case the signature of the alternate presiding officer present at the meeting in which said ordinance, resolution, contract or other document was approved by the Council may be used.
C. Sworn testimony. The Chairperson may require any person addressing the Council to be sworn by the Secretary of the Tribal Council as a witness and to testify under oath, and the Chairperson shall so require if directed to do so by a majority vote of the Council.
2.01.070 Agenda. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting shall be delivered to the Tribal Secretary not later than ten (10) days preceding the meeting. The Secretary of the Tribal Council shall prepare the agenda of all such matters. The agenda and all supporting agenda documents shall be delivered to the Council five (5) days prior to any regularly scheduled meeting to which the agenda pertains and it shall be made available to tribal members for inspection and copying at least two days prior to the regularly scheduled meeting to which the agenda pertains.
When it is in the best interests of the Tribe or its citizens, agenda items may be added at any time at the request of any Council member, the Chairperson or Tribal Administrator by a majority vote of the Tribal Council.
2.01.080 Order of Business. The business of the Council and the order of its agenda shall be in such form as the Council may from time to time adopt by resolution. The Council may place time limits on agenda items or set times when particular items will be heard.
2 .01.090 Correspondence.
A. Availability to the public. Correspondence addressed to the Council and received by the Tribal Secretary or any other officer or employee of the Tribe shall not become a public record nor be read aloud at a Council meeting unless requested by a majority vote of the Council.
B. Authority of the Tribal Secretary. The Secretary of the Tribal Council is hereby authorized to open and examine all mail or other written communications addressed to the Council and to give them immediate attention to the end that all administrative business referred to in such communications, and not necessarily requiring Council action, may be acted upon between Council meetings; provided, however, mail addressed to individual Council members shall not be opened without the consent of the Council member to do so.
2.01.100 Minutes: Preparation and Changes. The Secretary of the Tribal Council shall be responsible for the preparation of the minutes of Tribal Council meetings, and any directions for changes in the minutes shall be made only by majority action of the Council.
2.01.110 Minutes: Reading. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the Secretary of the Tribal Council has previously furnished each member with a copy.
2.01.120 Entry of Protests. Any Council member shall have the right to have the reasons for his/her dissent from, or his/her protest against, any action of the Council entered in the minutes in the following manner: "I would like the minutes to show that I am opposed to this action for the following reason.
2.01.130 Rules of Debate.
A. Getting the floor. Every Council member desiring to speak at a Council meeting shall first address the Chair, gain recognition by the Chairperson, and confine himself/herself to the question under debate, avoiding personalities and indecorous language.
B. Questioning the staff. Every Council member desiring to question Tribal staff shall, after recognition by the Chairperson, address his/her questions to the tribe's Administrator, Fiscal Officer, Attorney, Commissioner or any other employee of the Tribe who shall be entitled either to answer the inquiry himself/herself or to designate a member of his/her staff for such purpose.
C. Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless called to order by the Chairperson, unless a point of order or personal privilege is raised by another Council member, staff, or unless the speaker chooses to yield to a question by another Council member. If a Council member is called to order while speaking he/she shall cease speaking until the question of order is determined, and, if determined to be in order, he/she may proceed. Members of the tribe's staff, after recognition by the Chairperson, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the Chairperson.
D. Points of order. The Chairperson shall determine all points of order, subject to the right of any Council member to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the Chairperson be sustained?" A majority vote shall conclusively determine such question of order.
E; Points of personal privilege. The right of a Council member or staff to address the Council on a question or personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Council member or staff raising a point of personal privilege may interrupt another Council member, staff member or person who has the floor only if the 'Chairperson recognizes the privilege.
F. Privilege of closing debate. The Council member moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate.
G. Limitation of debate. No Council member shall be permitted to speak more than once upon any particular subject until every other Council member desiring to do so shall have spoken.
2.01.140 Rules of Order. In the event of questions as to procedure not set forth in this Ordinance for Council meetings, the Council shall be guided by the rules of general parliamentary procedure. A majority vote of the Tribal Council shall decide any question of procedure not set forth in this Ordinance.
2.01.150 Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting which is otherwise held in conformity with law.
2.01.160 Rules of Decorum for Council and Staff.
A. Council members. While the Tribal Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking, nor refuse to obey the orders of the Chairperson. Members of the Council shall not leave the meeting while it is in session without first obtaining the permission of the Chairperson.
B. Employees. Members of the tribe's staff and employees shall observe the same rules of order and decorum as are applicable to the Council.
C. Persons addressing the Council. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Chairperson and, if such conduct continues, may, at the discretion of the Chairperson, be ordered barred from further audience before the Council during that meeting.
D. Members of the audience. Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Chairperson, upon instructions from the Chairperson, shall be removed from the meeting room.
2.01.170 Rules of Decorum for Public.
A. Manner. Each person desiring to address the Council shall state his /her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other person(s) , and unless further time is granted by a majority vote of the Council, shall limit his /her remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof.
No question shall be asked a Council member or a member of the tribe's staff without the permission of the Chairperson.
B. Spokesman for groups of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Chairperson to request that a spokesman be chosen by the group to address the Council and, in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council.
C. After motions are made and hearings are closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Council.
2.01.180 Motions. A motion by any member of the Council, including the Chairperson, may not be considered by the Council without receiving a second.
2.01.190 Voting Procedure.
A. Questions to be stated. Upon moving the question, the Chairperson shall call for the vote which shall be taken from the chair farthest to the left of the Chairperson, then farthest to the right of the Chairperson, and so alternating back and forth. The Chairperson shall vote last.
B. Registration of votes. Any vote of the Council, including a roll call vote, may be registered by the members by answering "yes" for an affirmative vote or "no" for a negative vote upon the name of the Council member being called by the Secretary of the Council. The roll for voting shall be taken as provided in subsection (A) of this section.
2.01.200 Voting Procedure: Conflicts of Interest Disqualification. Any Council member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state, or have the Chairperson state, the nature of such disqualification in open meeting. When no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council member affected, be decided by the other Council members. A Council member who is disqualified by reason of a conflict of interest in any matter shall not attempt to influence other Council members' vote on that issue, shall not remain in his/her seat during the debate or vote on such matter and shall request and be given the permission of the Chairperson to step down from the Council table and leave the Chamber. A Council member stating such disqualification shall be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
For purposes of this Section, a Council member shall have a conflict of interest when a decision of the Council will have a direct effect on:
A. The Council member's natural mother, father, brother, sister, children, the Council member's spouse, or live-in-partner.
B. Any business in which the Council member has a direct or indirect investment.
C. Any real property in which the Council member owns an interest.
D. Any person who has been a source of income to the Council member of $250.00 or more within the 12 months immediately preceding consideration of the issue that will result in a decision.
E. Any other interest brought to the Council's attention which the Council by majority vote determines is a conflict of interest.
2.01.210 Failure to Vote. Every Council member shall vote unless disqualified by reason of a conflict of interest.
2.01.220 Tie Votes. Tie votes shall be lost motions and may be reconsidered.
2.01.230 Changing Votes, Abstention. A Council member may change his/her Vote only if he/she makes a timely request to do so immediately following announcement of the vote by the Tribal Secretary and prior to the time the next item in the order of business is taken up. A Council member who publicly announces he/she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.
2.01.240 Reconsideration of Actions. A motion to reconsider any action taken by the Council may be made only on the day such action was taken or at the next regular Council meeting following the meeting that such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion may be made only by one of the Council members who voted with the prevailing side. The provision of this section shall not be construed to prevent any Council member from taking or remaking the same or any other motion at a subsequent meeting of the Council if new information or facts are presented to the Council at the subsequent meeting pertaining to the motion.
2.01.250 Reading of Ordinances. At the time of the adoption of an ordinance, it shall be read in full unless, after reading of the title thereof, the further reading thereof is waived by the unanimous consent of all the Council members present. The waiver of the reading of such ordinance shall be accomplished by regular motion adopted by a unanimous vote of the Council members present.
2.01.260 Ordinances, Resolutions and Motions. Official actions of the Council shall be in the form of motions, resolutions and ordinances.
A. Motions. Motions shall be used to express decisions of the Council on routine questions or matters of temporary importance or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Council member.
B. Resolutions. Resolutions shall be used to express decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions may be used to transfer appropriate funds within the budget or to appropriate funds.
C. Ordinances. Ordinances shall be used to adopt formal policy and laws of the Tribe, in the exercise of the tribe's sovereign powers, and in other instances required by Tribal or Federal law. The manner of introduction and adoption of Ordinances shall be the same as provided for the introduction and adoption of resolutions in subsection (B) above. Each ordinance shall have a title in conformity with the following: "Ordinance No. . An Ordinance of the Tribal Council of the Elk Valley Rancheria. Each ordinance shall contain the following enacting clause: "The Tribal Council of the Elk Valley Rancheria does hereby ordain as follows:" Ordinances shall be signed by the Chairperson of the Tribal Council and attested to by the Tribal Secretary.
2.01.270 Special Committees. All special Council committees shall be appointed by the Chairperson with a majority consent of the Council. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge or upon an order of the Chairperson or a majority of the Council.
2.01.280 Dangerous Instruments. No person may enter the chambers of the Tribal Council or any place where the Council is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized Tribal law enforcement officers or to those persons authorized by Tribal law or the Penal Code of the State of California to carry such weapons.
2.02.010 Sovereign Immunity of Tribal Officials.
2.02.010 Sovereign Immunity of Officials. All members of the Tribal Council and all officials of the Tribe shall enjoy sovereign immunity from suit while performing or carrying out their official duties on behalf of the Tribe and nothing in this Code shall be construed as constituting a waiver of the tribe's, its officers' or employees' immunity from unconsented suit.
3.01 Tribal Administrator.
3.02 Tribal Attorney.
3.04 Attorney's Fees.
3.06 Tribal Engineer.
3.08 Tribal Police Department/Chief of Police.
3.10 Chief Financial Officer.
3.12 Department of Building Inspection/Building Inspector.
3.01.010 Office Established.
3.01.020 Residence Requirement.
3.01.050 Vacancy -- Absence.
3.01.060 Compensation and Reimbursement.
3.01.070 Powers and Duties.
3.01.080 Service as Ex Officio Member of Boards and Commissions.
3.01.100 Authority Limited.
3.01.110 Standards for Conduct.
3.01.130 Assistance from Other Officers.
3.01.140 Chain of Command.
3.01.010 Office Established. The office of the Tribal Administrator is created and established. The Tribal Administrator shall be appointed by the Tribal Council wholly on the basis of his or her administrative and executive ability and qualifications, and shall hold office at the pleasure of the Tribal Council. In the absence of the Tribal Council appointing a Tribal Administrator, the Chairperson of the Tribal Council shall perform the duties of the Tribal Administrator pursuant to Sections 3.01.040 through 3.01.070, 3.01.090, 3.01.100 and 3.01.140.
3.01.020 Residence Requirement. Residence on or near the Elk Valley Indian Rancheria at the time of appointment shall not be required as a condition of appointment, but within a reasonable time thereafter which shall be negotiated with the Tribal Council at the time of appointment, the Tribal Administrator must reside on or near the Reservation or the Tribal Council shall declare the office of the Tribal Administrator to be vacant.
3.01.030 Eligibility. Except as provided in Section 3.01.010, or by a unanimous vote of the Tribal Council no person elected or appointed to serve on the Tribal Council shall, subsequent to such election or appointment be eligible for appointment as Tribal Administrator until one year has elapsed following the expiration of the last term for which he or she was elected or appointed.
3.010.040 Bond. The Tribal Administrator shall furnish a corporate surety bond to be approved by the Tribal Council in such sum as may be determined by the Tribal Council and shall be conditioned on the faithful performance of the Tribal Administrative duties required by this chapter. Any premium for such bond shall be paid for by the Tribe.
3.01.050 Vacancy -- Absence. The Tribal Administrator shall appoint, subject to the approval of the Tribal Council, one of the other officers, department heads, or employees of the Tribe to serve as Acting Tribal Administrator during any temporary absence or disability of the Tribal Administrator In case of the absence or disability of the Tribal Administrator and his or her failure to so appoint an Acting Tribal Administrator, the Tribal Council may designate some qualified employee to perform the duties of the Tribal Administrator during the period of absence or disability of said Tribal Administrator, subject, however, to said person furnishing a corporate surety bond conditioned upon faithful performance of the duties required to be performed as set forth in Section 3.01.040. Notwithstanding any provisions in this Section to the Contrary, the Vice-Chairperson of the Tribal Council shall perform the duties of the Chairperson in his/her absence if the Chairperson is performing the duties of the Tribal Administrator.
3.01.060 Compensation and Reimbursement. The Tribal Administrator shall receive such compensation and expense allowances as the Tribal Council shall from time to time determine and fix by resolution, and said compensation and expenses shall be a proper charge against such funds of the Tribe as the Tribal Council designates.
The Tribal Administrator shall be reimbursed all sums necessarily incurred or paid by that person in the performance of his or her duties or incurred when traveling on business pertaining to the Tribe under the direction of the Tribal Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for such business for which reimbursement is requested has been presented to the Tribal Council for approval.
3.01.070 Powers and Duties. Except when the Chairperson fulfills the duties of Tribal Administrator, the Tribal Administrator shall serve directly under the supervision and control of the Tribal Council in a purely administrative capacity. The powers and duties of the Tribal Administrator shall be as follows:
A. To supervise and coordinate on behalf of the Tribal Council, such of its administrative functions and to exercise control of such affairs of the Tribe as may be placed in his or her charge;
B. To attend meetings of the Tribal Council, except when excused therefrom by the Council, to report on and discuss with the Council any matter concerning the affairs of the departments, services, or activities under his or her supervision upon which, in the Tribal Administrator's judgment the Tribal Council should be informed, or as to which the Council requires information;
C. To assist the Tribal Council in coordinating the administrative functions and operations of the various departments, divisions, properties and services of the Tribal government, and on its behalf carry out the policies, rules and regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, divisions, properties or services;
D. To analyze the functions, duties and activities of the various departments, divisions, properties and services of the Tribal government, and of all employees thereof, and to make such recommendations to the Tribal Council with reference thereto as in the Tribal Administrator's judgment will result in the highest degree of efficiency in the overall operation of the Tribal government;
E. To cause to be prepared and submitted to the Tribal Administrator by each department, division or service of the Tribal government, itemized annual estimates of expenditures required by any of them for capital outlay, salaries, wages and miscellaneous operating costs; to tabulate the same into a preliminary consolidated Tribal budget, and submit the same to the Tribal Council before the tenth day of November of each year, with the recommendation as to such changes which the Tribal Administrator deems advisable;
F. To be responsible under Tribal Council direction for the administration of the financial affairs of the Tribe, and to keep the Tribal Council informed with respect thereto;
G. As agent for the Tribal Council, to supervise the expenditures of all departments, divisions, properties or services of the Tribal government, and to act as purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required to any such departments, divisions, properties or services;
H. To verify all claims against the Tribe before warrants therefor are drawn by the proper fiscal officer;
I. To recommend to the Tribal Council necessary public improvement projects and programs, and to aid and assist the Tribal Council and the various departments in carrying the same through to successful conclusion;
J. To prepare and submit to the Tribal Council an organization chart, showing the organizational plan for all departments of the Tribal government;
K. To serve as the public relations officer of the Tribal government; to investigate all complaints, to follow and endeavor to adjust all meritorious complaints filed against any employee, department, division or service thereof;
L. To cooperate with all the community organizations whose aim and purpose it is to advance the spiritual, temporal, and material interests of the Tribe and its people, and to provide them with assistance through the Tribal government;
M. To make and keep up to date an inventory of all property, real and personal, owned by the Tribe and to recommend to the Tribal Council the purchase of new property whenever in his or her judgment the same can be obtained at the best price and terms;
N. With the approval of the Tribal Council to transfer Tribal equipment, machinery, furnishings, supplies materials and furniture from one department to another, or to dispose of the same for the benefit of the Tribe whenever in his or her judgment the transfer or disposal thereof would be advantageous to the Tribal government;
O. To make or cause to be made studies and surveys of the duties, responsibilities and work of the personnel in the various departments, divisions and services of the Tribal government, and with the approval of the Tribal Council to transfer, abolish, or consolidate positions, whenever in his or her judgment such action would increase efficiency' in the administration of the Tribal government;
P. To review all mail addressed to the Tribal Council, and give immediate attention thereto, to the end that all administrative business referred to it in said communications, and not necessarily requiring action by the Tribal Council, may be disposed of between Council meetings; providing, that all actions taken pursuant to such communications shall be reported to the Tribal Council at its next regular meeting thereafter;
Q. To exercise general supervision over all Tribal property which is under the control and jurisdiction of the Tribal Council;
R. To appoint, remove, promote and demote any and all employees of the Tribe, as established by resolution of the Tribal Council, subject to all applicable personnel policies, ordinances, resolutions, rules and regulations of the Tribal Council; and
S. To perform such other duties and exercise such other powers as may be delegated to the Tribal Administrator from time to time by ordinance or resolution or other action of the Tribal Council.
3.01.080 Service as Ex Officio Member of Boards and Commissions. The Tribal Administrator shall be an ex officio member of all boards and commissions appointed by the Chairperson and the Tribal Council pursuant to Tribal law, with a right to participate in all deliberations and actions of said boards or commissions, but without vote.
3.01.090 Hours. It shall be the duty of the Tribal Administrator to devote his or her entire normal working time to the duties of this office in the interests of the Tribe. When the Chairperson of the Council fulfills the duty of Tribal Administrator, he/she shall devote his/her entire working time to the duties of both offices.
3.01.100 Authority Limited. Except when the Chairperson of the Council fulfills the duties of the Tribal Administrator, the Tribal Administrator shall act as the agent for the Tribal Council in the discharge of its administrative functions, but shall not exercise any policy making or legislative functions whatsoever nor attempt to commit or bind the Tribal Council or any member thereof to any action, plan or program requiring official Council action. The Tribal Administrator must obtain Tribal Council approval for any expenditure not provided for in the tribe's budget. It is not intended by this chapter to grant any authority to, or impose any duty upon said Tribal Administrator which is vested in or imposed by general law or valid Tribal ordinances in any other Tribal commission, board, department, office or employment position.
3.01.110 Standards for Conduct. In the discharge of his or her duties as Tribal Administrator, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his or her contacts with the public and with all Tribal commissions, boards, departments, officers and employees and shall use his or her best efforts to establish and maintain a harmonious relationship among all personnel employed in the government of the Tribe to the end that the highest possible standards of public service are continuously maintained.
A. The removal of the Tribal Administrator shall be only upon a two- thirds (2/3) vote of the Tribal Council. The Tribal Administrator shall be furnished with written notice of the Tribal Council's intention to remove, at least thirty days before the effective date of such removal. Within two (2) days after receipt of such notice, the Tribal Administrator may, by written notice, request a public hearing before the Council, and thereafter the Council shall fix a time for said public hearing at its usual meeting place, but before the expiration of the thirty-day period, at which time the Tribal Administrator may appear and be heard.
B. In removing the Tribal Administrator, the Tribal Council shall use its discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is for the Tribal Administrator to publicly present to the Tribal Council his/her grounds for opposition to removal prior to its action.
C. Notwithstanding the provisions enumerated in this section, except for removal for cause, no proceedings to remove the Tribal Administrator from office shall be commenced during or within t~he period of ninety days next succeeding any general Tribal election held by the Tribe, at which election a member of the Tribal Council is elected. The purpose of this provision is to allow any newly elected member to the Tribal Council or a reorganized Tribal Council to observe the actions and ability of the Tribal Administrator in the performance of the powers and duties of his or her office. After the expiration of said ninety-day period aforementioned, the provisions of subsections A and B of this section, as to the removal of the Tribal Administrator, shall apply and be effective.
3.01.130 Assistance from Other Officers. It shall be the duty of all of the subordinate officers, including the Tribal Attorney, Chief of Police or other Law Enforcement Official, and Director of Finance, to cooperate with and assist the Tribal Administrator in administering the affairs of the Tribe in the most efficient, economical, and harmonious manner.
3.01.140 Chain of Command. The Tribal Council and its members shall deal with the administrative services of the Tribe by requiring the Chairperson and Vice Chairperson, or in their absence any other Tribal Council member to attend and participate in staff and department head meetings. The Chairperson shall summarize and report on all such meetings to the Tribal Council at all regularly scheduled Tribal Council meetings. Neither the Tribal Council nor any member thereof shall give orders to any subordinates of the Tribal Administrator. The Tribal Administrator shall take his or her orders and instructions from the Tribal Council only when sitting in a duly held meeting of the Tribal Council, and no individual council member shall give orders or instructions to the Tribal Administrator.
3.02.010 Office Established.
3.02.040 Vacancy: Absence.
3.02.050 Compensation and Reimbursement.
3.02.060 Powers and Duties.
3.02.070 Contract for Services.
3.02.010 Office Established. The office of the Tribal Attorney is created and established. The Tribal Attorney shall be appointed by the Tribal Council and shall hold office solely at the pleasure of the Tribal Council.
3.02.020 Qualifications. No person shall be appointed to the office of Tribal Attorney unless he or she possesses the following minimum qualifications:
A. The person has graduated from a law school accredited by the state in which the law school is or was located;
B. The person is licensed to practice law in the State of California or has applied to take and passes the California State Bar within six (6) months from the date of being appointed Tribal Attorney by the Tribal Council
C. The person is admitted to practice law before the United States District Court for the Northern District of California;
D. The person has two years of experience in the practice of federal Indian law; and
E. No disciplinary action has been taken against said person by any Bar of any State or Tribe prior to his or her appointment to the office of Tribal Attorney.
3.02.030 Insurance. The Tribal Attorney shall, at the discretion of the Tribal Council, obtain and keep in force and effect during the term of his or her office legal malpractice insurance, the coverage and policy limits to be determined by the Tribal Council.
3.02.040 Vacancy: Absence. The Tribal Attorney shall appoint, subject to the approval of the Tribal Council, an attorney who meets the qualifications set forth in Section 3.02.020 of this chapter to act as the Tribal Attorney during any temporary absence or disability of the Tribal Attorney.
3.02.050 Compensation and Reimbursement. The Tribal Attorney shall receive such compensation and expense allowances as the Tribal Council shall from time to time determine and fix by resolution or the adoption of a resolution approving a contract, and said compensation and expenses shall be a proper charge against such funds of the Tribe as the Tribal Council shall designate.
The Tribal Attorney shall be reimbursed all sums necessarily incurred or paid in the performance of his or her duties or incurred when traveling on business pertaining to the Tribe under the direction of the Tribal Council. Reimbursement shall only be made, however, when a verified itemized claim or bill, setting forth the sum expended for such business for which reimbursement is requested, has been presented and approved by the Tribal Council.
3.02.060 Powers and Duties. The Tribal Attorney shall: (1) provide the Tribe with advice and counsel in oral or written form pertaining to matters affecting the Tribe at the request of the Tribal Council, Chairperson of the Tribal Council, Tribal Administrator, Secretary of the Tribal Council, or Executive Committee; (2) be available for consultation with Tribal staff as determined by the Chairperson or Tribal Administrator; (3) be available for consultation with Council members on matters pertaining to the Tribe; and (4) represent the Tribe in all matters at law or in equity before any court, administrative agency or governmental body as directed by the Tribal Administrator, Tribal Chairperson, or Tribal Council. The Tribal Attorney shall be the official responsible for the prosecution and enforcement of all Tribal ordinances in all courts of competent jurisdiction. Such enforcement or prosecution is to be undertaken only at the direction and approval of the Tribal Council.
3.02.070 Contract for Services. Nothing in this chapter shall prohibit the Tribal Council from entering into a contract with an attorney to serve and perform the duties of the Tribal Attorney; provided the provisions of the contract are in accordance with and subject to the terms and conditions of this chapter and applicable federal law.
3.04.020 Award of Fees.
3.04.030 Computation of Award.
3.04.040 Multiple Adverse Parties.
3.04.010 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings as set forth hereinafter unless the context appears otherwise:
A. "Adverse party" means any party to any litigation who seeks any relief from the Tribe or opposes any relief requested by the Tribe.
B. "Tribe" means the Elk Valley Rancheria, its officers, agents and employees.
C. "Court" means any court, administrative proceeding or hearing of any kind.
D. "Prevailing party" means a party to litigation who obtains any relief it has sought in the litigation. The term "any relief" includes, but is not limited to, one or more but not necessarily all of the claims or defenses asserted in the relief by way of settlement or unilateral act of an opposing party.
3.04.020 Award of Fees. In any litigation in which the Tribe is a prevailing party; the Tribe shall be entitled to recover from all adverse parties all of its costs and reasonable attorney's fees incurred in prosecuting or defending the action.
3.04.030 Computation of Award. Such fees shall be established by the court upon the filing of a cost bill as provided by law or by separate motion. In determining the amount of the fee the court shall multiply the number of hours devoted to preparing, prosecuting or defending the action, commencing when the matter is first referred to the Tribal Attorney, by a reasonable hourly rate for the services provided. In determining a reasonable hourly rate, the court shall consider the reasonable market rate in the jurisdiction for the attorney's services, taking into consideration the attorney's experience and skill and shall not be limited to the amounts actually paid by the Tribe.
3.04.040 Multiple Adverse Parties. If there is more than one adverse party, they shall be jointly and severally liable for all of the attorney's fees awarded to the Tribe by the court.
3.06.010 Office Established.
3.06.010 Office Established. The office of Tribal Engineer of the Tribe is created and established. The Tribal Engineer shall be appointed by and serve at the pleasure of the Tribal Council.
3.06.020 Compensation. The Tribal Engineer shall receive such compensation as shall be set by the Tribal Council by resolution or contract.
A. The Tribal Engineer shall: fix the grades of streets, alleys, sidewalks curbs, and gutters; prepare plans and specifications for all Tribal buildings and public works projects; and make such maps, plans, specifications, profiles and cross-sections as are required of him/her by the Tribal Council and perform such other duties as are required by law.
B. The Tribal Engineer shall keep a record of all work done by him/her and all his/her records, calculations, data, books, maps, plans and are and profiles shall remain the property of the Tribe, and shall be kept in a secure place at the tribe's Administrative Offices.
3.08.010 Tribal Police Department Established.
3.08.020 Office of Chief of Police Established.
3.08.030 Peace Officer Defined.
3.08.070 Compensation and Reimbursement.
3.08.080 Powers and Duties.
3.08.010 Tribal Police Department Established. There is established a Tribal Police Department. The Tribal Police Department shall be responsible for the enforcement of all tribal criminal statutes and ordinances. The Tribal Police Department shall be directed by the Tribal Chief of Police.
3.08.020 Office of Chief of Police Established. The Office of the Chief of Police is created and established. The Chief of Police shall report to and be under the direct supervision and control of the Tribal Council, and Chairperson.
3.08.030 Peace Officer Defined. As used in this chapter, the term "peace officer" shall mean a person authorized by the Tribe, a city, a county, a State, or the federal government to enforce the criminal law of a particular jurisdiction.
3.08.040 Qualifications. No person shall be appointed to the office of the Chief of Police unless he or she possesses the following minimum qualifications:
A. Possession of either a State or California or Bureau of Indian Affairs ("BIA") POST certificate;
B. Possession of a California Class 3 driver's license;
C. Possession of an Associate Arts degree from an accredited college or university or equivalent education, with major work in public or business administration or related field;
D. Knowledge of current principles, practices and techniques of police administration, organization and operation;
E. Knowledge of current laws and regulations pertaining to BIA special officers, federal jurisdiction within Indian Country, and Tribal criminal jurisdiction within a P.L. 280 state;
F. Knowledge of crime prevention and law enforcement techniques including but not limited to investigation, identification, patrol, traffic control, juvenile delinquency control, record keeping, and the care and custody of persons and property; and
G. Two (2) years of experience in law enforcement, including at least One (1) year in a responsible middle management capacity, preferably in a Tribal or municipal police department.
3.08.050 Bonding. The Chief of Police shall, at the discretion of the Tribal Council, obtain and keep in force and effect during the term of his or her office a bond, the coverage and amount to be determined by the Council. Any premium for such bond shall be a proper charge against the Tribal government.
3.08.060 Vacancy. The Chief of Police may appoint, subject to the approval of the Tribal Council, a peace officer from within the police department or who meets the qualifications set forth in Section 3.08.020 above to act as the Chief of police during any temporary absence or disability of the Chief of police.
3.08.070 Compensation and Reimbursement. The Chief of Police shall receive such compensation and expense allowances as the Tribal Council shall from time to time determine and fix by resolution, said compensation and expenses shall be a proper charge against such funds of the Tribe as the Tribal Council shall designate.
3.08.080 Powers and Duties. Under the direction and supervision of the Chairperson, the Chief of Police shall:
A. Enforce or cause to be enforced all Tribal criminal statutes and ordinances;
1. Any person authorized under this subsection (A) to enforce the tribal criminal statutes and ordinances may carry firearms; may make an arrest without a warrant for any felony violation of Tribal law if he has reasonable grounds to believe that the person to be arrested has committed or is committing such violation in his presence or view; may make an arrest; without a warrant for a misdemeanor violation of tribal law if he has reasonable grounds to believe that the person to be arrested is committing a violation in his presence or view; and may execute and serve any subpoena, arrest warrant, search warrant issued in accordance with tribal law, any applicable rule of the Federal Rules of Civil Procedure, or other warrant of civil or criminal process issued by any officer or court of competent jurisdiction. Arrest or cause to be arrested all persons who violate any such statutes or ordinances, or issue or cause to be issued citations to said violators;
B. Hire Department personnel, including, but not limited to peace officers and dispatchers, subject to the approval of the Tribal Council;
C. Promulgate regulations for the purpose of establishing minimum standards for the qualification, training and performance of Police Department personal including, but not limited to peace officers and dispatchers;
D. Prepare, plan, direct, supervise and coordinate the administration, budget, duties, and responsibilities of the police department and its personnel;
E. Attend all regular Tribal Council meetings and such other meetings as the Tribal Council or Chairperson or Tribal Administrator may request;
F. Confer with the Tribal Council, Tribal officers, and the Tribal citizens of the Elk Valley Rancheria on law enforcement problems and assist in the development of Tribal law enforcement policies;
G. Coordinate law enforcement activities with other federal, state, county or city law enforcement agencies including entering into mutual aid or cross-deputization agreements with such agencies; and
H. Perform such other duties as the Tribal Council, Chairperson, or Tribal Administrator shall from time to time request.
3.10.010 Establishment of Office.
3.10.040 Powers and Duties.
3.10.010 Establishment of Office. The office of the Chief Financial Officer ("CFO") is created and established. The CFO shall be appointed by the Tribal Council and hold office solely at the pleasure of the Tribal Council.
3.10.020 Bond. The CFO of the Tribe shall furnish a corporate surety bond to be approved by the Tribal Council in such sum as may be determined by the Tribal Council and shall be conditioned on the faithful performance of the duties imposed on the CFO as herein described. The bond fee shall be a proper charge against such funds of the Tribe as the Tribal Council shall designate.
3.10.030 Compensation. The CFO shall receive such compensation as the Tribal Council shall, from time to time, determine and fix by resolution, and such compensation shall be a proper charge against such funds of the Tribe as the Tribal Council shall designate.
3.10.040 Powers and Duties. The CFO shall be the Chief Financial Officer for the Tribe under the direction and control of the Tribal Council Treasurer. He/she shall be responsible for the efficient administration of all the accounting functions for the Tribe. He/she shall have the following responsibilities and shall perform the following duties:
A. Supervise and control all appointed personnel in the tribe's finance office;
B. Be responsible for all accounting functions of the Tribe and collect all taxes, fees, and customers' accounts;
C. Have authority to reassign employees under his/her supervision, temporarily or permanently, to meet emergencies and volume growth requirements;
D. Administer laws and ordinances pertaining to taxes, licenses, and permit fees;
E. Cause current accounts to be kept of all funds, revenues, receipts, expenditures, and financial commitments of the Tribe;
F. Have budgetary control over expenditures in order that they will not exceed either anticipated expenditures or actual receipts;
G. Collect, receive, and deposit with a federally insured depository all monies' of the Tribe and keep proper records thereof in accordance with generally accepted accounting principles for governments;
H. Cause the performance of accounting control of storage and issuance of materials and supplies;
I. Present to the Tribal Council an estimate, plan, and program of the tribe's financial activities;
J. Serve as the custodian of all of the tribe's business and accounting records;
K. Prescribe and control, forms and procedures for all of the Tribal departments which pertain to revenues, receipts, or expenditures of Tribal funds in any manner;
L. Prepare and issue all warrants and registers for the expenditure of funds;
M. Prepare financial statements and statistical reports;
N. Prepare an estimate of annual revenues and expenditures;
O. Perform cost accounting as directed by the Chairperson, Tribal Administrator, Secretary, Treasurer, or the Tribal Council;
P. Have access to and the right to audit or cause to be audited the accounting functions of all Tribal businesses and all departments and divisions of the Tribal Government; and
Q. Perform such other functions as the Tribal Council may prescribe by resolution of the Council.
3.10.050 Absence. Should the CFO be absent or disabled, the Treasurer shall perform the functions set forth in this Chapter.
3.12.010 Department Established.
3.12.020 Office of Building Inspector Established.
3.12.010 Department Established. There is established a Tribal Department of Building Inspection. The Tribal Council shall budget and appropriate such funds for this department as it may deem appropriate.
3.12.020 Office of Building Inspector Established. The office of Building Inspector is created and established. The Building Inspector shall be appointed by and serve at the pleasure of the Tribal Council. The Building Inspector shall report to and be under the direct supervision and control of the Chairperson of the Tribal Council and the Tribal Administrator. He/she shall have charge of enforcing all uniform codes adopted by the Tribal Council and all other ordinances and laws pertaining to building inspection and code enforcement. He shall perform such other duties and functions as are delegated to him by the Chairperson or Tribal Administrator or are established by the Tribal Council.
4.01.020 Annual Budget.
4.01.030 Budgeted Categories.
4.01.040 Posting of Budget.
4.01.050 Public Hearings.
4.01.060 Appropriation of Funds.
4.01.070 Transfer of Authority to Expend Funds Within the Budget.
4.01.080 Expenditure Not Required.
4.01.090 Carry-over of Budgeted Funds.
4.01.100 Supplemental Budget.
4.01.110 Enterprise Funds.
4.01.120 Establishment of Reserves.
4.01.130 Gaming Net Revenues.
4.01.010 Definitions. For the purposes of this Chapter, the following words and phrases shall have the following meaning, unless the context appears otherwise:
A. "Budget Authority" means the authority to expend funds from a particular fund account as a result of appropriation pursuant to an approved budget plan.
B. "Budgeted Funds" means funds which have been appropriated for expenditure pursuant to an approved budget plan.
C. "Budget Transfer" means the budget transfer authority to expend funds from one item, purpose, or cost center within a fund to another item, purpose, or cost center constituting a modification of a budget plan within a fund account and which is a budget transfer (e.g. a transfer of funds from the Tribal Health Department Fund to the Government General Fund).
D. "Cost Center" means a budget category which contains line items to which expenditures are budgeted and charged such as a program. Generally, departments within a general budget category are budgeted as separate cost centers.
E. "Fund" means a separate operating fund of the Tribe established by the Tribal Council to carry out a specific purpose. Examples are the general fund, special revenue funds, and trust funds.
F. "Fund Transfer" means the movement of funds from one Tribal fund account to another, such as the general fund to a trust fund.
G. "Reserves" means a trust fund established by the Tribal Council for an indefinite period of time to operate for a specific purpose under specific procedures.
4.01.020 Annual Budget. Prior to _____________ of each year, the Tribal Council shall, by motion, authorize the posting of a proposed Tribal budget to be effective for the following fiscal year. Such proposed budget shall state the estimated revenues to be received from all sources and the proposed expenditures by category as provided in this ordinance.
4.01.030 Budgeted Categories. The proposed budget authorized for posting by the Tribal Council shall be budgeted expenditures delineated in the following categories: (1) government; (2) social services; (3) economic development; (4) enterprise funds; and (5) designated reserves. In addition there shall be posted and available to Tribal members a detailed breakdown of all proposed expenditures within each major category.
4.01.040 Posting of Budget. A copy of the proposed budget shall be posted not later than ____________________ of each year and for a continuous period of not less than 30 days thereafter in three public places as designated by the Tribal Council by resolution, which are designed to give to the general membership of the Tribe notice of the proposed budget.
4.01.050 Public Hearings. One or more public hearings for the purposes of discussing the proposed budget shall be held at ____________________________ not less than fifteen (15) and no more than thirty (30) days after the date of initial posting of the proposed budget. Notice of such public hearing shall be given by publication in the Tribal newspaper, and if no Tribal newspaper exists, then by publication in a newspaper of general circulation within the County of Del Norte.
4.01.060 Appropriation of Funds. Following the public hearing and not later than _________________ of each year, the Tribal Council shall take action by resolution to appropriate Tribal funds for expenditure pursuant to the proposed budget. Based on the comments received from the members of the Tribe, the Tribal Council may amend or reduce the proposed budget. Except as provided in Section 4.01.070, once the budget has been approved by the Tribal Council, such funds may only be expended for such purposes for which they were appropriated and shall remain available for expenditure for such purpose until expended or until the budget year has ended.
4.01.070 Transfer of Authority to Expend Funds Within the Budget.
After the effective date of any Tribal Council Resolution appropriating Tribal funds for expenditure pursuant to a proposed budget, there shall be no transfer of funds from one fund to another within the budget except as follows:
A. Transfer within major categories. There may be a transfer of authority to expend funds from one budgeted expenditure to another within any of the first four (not including the designated reserves) categories set forth in this Chapter, at the request of the Chairperson and with the approval of the Secretary-Treasurer, if the amount of such transferred authority does not exceed a total of ten percent (l0%) of the amount budgeted for a particular program per year and with the approval of the Tribal Council, if the amount of the transferred authority to expend funds exceeds said ten percent (l0%) per year.
B. Transfer between categories. There may be a transfer of authority to expend funds between any of the first four (not including the designated reserves) categories set forth in this Chapter, only with the approval of the Tribal Council by a 2/3 majority vote.
4.01.080 Expenditure Not Required. The appropriation of Tribal funds for expenditure pursuant to a proposed budget shall not obligate the Tribal Council or the Chairperson to make any expenditures for which funds are not appropriated.
4.01.090 Carry-over of Budgeted Funds. Once appropriated pursuant to the Tribal budget, funds remain available for expenditure until expended and shall be subject to the authority for transfer provided in the foregoing Section 4.01.070 of this Chapter. Any unexpended funds remaining in a budgeted category at the end of the budget year maybe carried over to the next budget year.
4.01.100 Supplemental Budget. The Tribal Council may from time to time propose a supplemental budget. The proposed supplemental budget shall be subject to the same requirements as set forth above in this Chapter for an annual budget except as follows: (1) the resolution appropriating Tribal funds for the expenditure pursuant to the supplemental budget may be adopted by less than thirty (30) days' notice to the public before the effective date of the supplement budget and (2) the date of initial posting of the proposed supplemental budget shall be,not less than sixty (60) days prior to the effective date of the proposed supplemental budget.
4.01.110 Enterprise Funds. Appropriation and expenditure of funds for Tribal business enterprises shall be made in accordance with the plan of operation of the individual enterprise. Until a plan of operation has been approved by the Tribal Council, appropriations and expenditures of enterprise funds shall be subject to the terms of this Chapter.
4.01.120 Establishment of Reserves. The Tribal Council may from time to time, by resolution, established Tribal reserves. A two-thirds vote of those voting at a duly authorized Tribal Council meeting at which a quorum is present is required to create such a reserve. Once established, the reserve may not be abolished or modified except by amendment to the resolution by unanimous vote of the Tribal Council. The reserve shall become a trust fund of the Tribe. The purpose and the policies and rules governing the operation of the reserve must be clearly stated in the resolution establishing the reserve. Examples of such reserve funds are pension funds, scholarships funds, housing funds, etc.
4.01.130 Gaming Revenues. The provisions of this Chapter shall not apply to any gaming revenues, which shall be subject to a budgetary process established by separate ordinance.
4.08.010 System Adopted.
4.08.020 Purchasing Officer.
4.08.030 Procurement Procedures.
4.08.040 Bid Specifications.
4.08.060 Formal Contract Procedures.
4.08.070 Informal Contract Procedure.
4.08.080 Purchase Orders.
4.08.090 Receipt of Goods.
4.08.100 Emergency Procurement: Delivery of Requisition.
4.08.110 Emergency Procurement: Purchase Order.
4.08.120 Emergency: Situations Specified.
4.08.130 Central Stores.
4.08.140 Revolving Fund.
4.08.150 Approval of Expenditures.
4.08.160 Availability of Funds.
4.08.170 Disposition of Obsolete or Surplus Property.
4.08.180 Exceptions from Centralized Purchasing.
4.08.010 System Adopted. In order to establish efficient procedures for the acquisition or use of supplies and equipment, to secure for the Tribe supplies and equipment at the lowest possible cost commensurate with quality needed, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted.
4.08.020 Purchasing Officer. The Tribal Administrator is designated the purchasing officer of the Tribe. He/she shall have the following duties and responsibilities:
A. Purchase or contract for all supplies, equipment and contractual personal services, excluding professional services, needed by any Tribal department or agency which derives its support wholly or in part from the Tribe in accordance with purchasing procedures as prescribed by this chapter, relevant administrative regulations and such rules and regulations as the purchasing officer shall adopt;
B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment;
C. Act to procure for the Tribe acceptable quality in supplies and equipment at the minimum necessary expense to the Tribe;
D. Encourage bidding and full competition on all purchases;
E. Adopt administrative regulations, including revisions and amendments thereto, governing the purchase of supplies and equipment for the Tribe;
F. Prescribe, design, and issue forms needed for the operation of this chapter and other applicable rules and regulations;
G. Regulate the transfer of surplus property between departments as needed, or sell, or otherwise dispose of such surplus property;
H. Maintain a bidders' list, vendors' catalog file and other records used in modern procurement operations; and
I. Assure that every bidder complies with all applicable Tribal, state and federal safety regulations.
4.08.030 Procurement Procedures. Generally the procurement procedure shall consist of the following:
A. Determination of requirements by the purchasing officer and the using agency or department;
B. Competitive bidding of the items or service for procurement;
C. Referral of bids to using department or agency for analysis and recommendations;
D. Award of purchase orders or contracts;
E. Supervision of receipt and acceptance procedures;
F. Approval of invoices for payment.
4.08.040 Bid Specifications.
A. As needed, the purchasing officer, in conjunction with the using department or agency, shall develop standard specifications for repetitively procured items and service.
B. Every specification shall be prepared to assure the broadest possible bidder participation consistent with the needs of the using agency or department.
C. Alternate specification provisions for any particular bid invitation may be established by agreement of the purchasing officer and the requisitioning department or agency.
4.08 050 Requisitions. The purchasing officer will issue purchase orders only after having received a written requisition. The purchasing officer shall supply requisition forms and administer their usage in accordance with applicable regulations.
4.08.060 Formal Contract Procedures. Except as otherwise provided in this section, purchases of supplies and equipment of an estimated value greater than five thousand dollars shall be by formal, sealed, written, competitive bids. Awards for such expenditures shall be made by the Tribal Council to the lowest responsible bidder in accordance with the following provisions:
A. "Lowest responsible bidder" as used in this chapter means that bidder who best responds in price, quality, service, fitness or capacity to the particular requirements of the Tribe. Price alone shall not be the determining factor but shall be considered along with other factors including, but not limited to, the ability of the bidder to deliver, availability of parts or service, prior experience with the bidder, and other factors relating to the particular needs of the Tribe for the supplies or equipment to be purchased.
B. Notice inviting bids shall be advertised by the Tribal Council Treasurer by publishing said notice in a newspaper of general circulation at least five days prior to the date of opening of bids, or posted for five days in three public places on the Reservation designated by the Tribal Council and shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for opening of the bids. The notice shall specify the factors referred to in subsection A that will be given special consideration in determining the lowest responsible bid for the supplies or equipment to be purchased. All such bids shall be filed with the Treasurer of the Tribal Council and opened by him/her at the time and place specified in the notice inviting bids. Any bidder may be present during said bid opening and may inspect any such bid. The purchasing officer shall evaluate all bids and present his/her recommendation as to the lowest responsible bidder to the Tribal Council, together with a summary of all bids received.
C. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers, including those whose names are on the bidders list, or who have made written requests that their names be added thereto, except those removed from the list for cause.
D. When deemed necessary by the purchasing agent, bidder's security may be prescribed in the notices inviting bids. Bidders shall be entitled to the return of bid securities; provided, however, that a successful bidder shall forfeit his/her bid security upon his/her refusal or failure to execute the contract within the time designated in the bid specifications. The Tribal Council, upon the refusal or failure of the successful bidder to execute the contract may award the contract to the next lowest responsible bidder. If the Tribal Council awards the contract to the next, lowest bidder, the amount of the lowest bidder's security shall be applied by the Tribe to the difference in the contract price between the lowest bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
E. In the event that Tribal Council finds that it is in the public interest and necessity to purchase supplies, services or equipment without compliance with the formal contract procedures set forth in this section, it may waive such procedures by so declaring in a separate motion or resolution adopted by a two thirds vote of its members.
4.08.070 Informal Contract Procedures. Subject to other applicable provisions of this chapter, purchasing of supplies and equipment of an estimated value in the amount of five thousand dollars or less may be made by the purchasing officer in the open market pursuant to the procedures prescribed in this section without observing the procedures prescribed in Section 4.08.060. Such purchases shall be based, whenever possible, on competitive bids; provided, however, that all bidding may be dispensed with for purchase of supplies and equipment having a total estimated value of less than one hundred dollars.
A. Informal contract purchases having an estimated value in excess of one thousand dollars but no greater than five thousand dollars may be based on informal written bids and shall be awarded by the purchasing officer, after recommendation by using department or agency, to the lowest responsible bidder. Informal contract purchases having an estimated value less than one thousand dollars but greater than one hundred dollars shall be based on either verbal or written bids at the discretion of the purchasing officer and may be awarded by him/her.
B. Notices inviting bids shall include a general description of the article to be purchases, shall state where bid blanks and specifications may be secured, and the time and place for opening of the bids.
4.08.080 Purchase Orders. Purchase of supplies and equipment shall be made in accordance with administrative regulations governing the preparation and issuance of purchase orders adopted by the Tribal Administrator. Except as otherwise prescribed in this chapter, the administrative regulations shall establish responsibilities for processing of purchase orders, and no exceptions may be made unless specifically provided for in the regulation.
4.08.090 Receipt of Goods. The using department shall inspect supplies and equipment upon receipt to verify that they conform in quantity and quality to the specifications set forth in the purchase order. Before payment is authorized, satisfactory receipts of goods must be established as prescribed in the administrative regulations governing the processing of purchase orders.
4.08.100 Emergency Procurement: Delivery of Requisition. When an emergency requires immediate procurement of supplies and equipment, the using or concerned department shall, after approval by the Tribal Administrator or acting Tribal Administrator, or, in the event of his/her absence, the Chairperson of the Tribal Council, or, in the case of the absence of both, on its own authority, immediately deliver a requisition to the Tribal Administrator's office. The Tribal Administrator Office shall expedite the verification of available funds and complete the preparation of the purchase order, returning the vendor's copy to the ordering department "on the spot" in order to permit immediate purchase.
4.08.110 Emergency Procurement: Purchase Order. If, at the time of an emergency, the purchasing agent is unavailable, the department head, having proceeded in accordance with Section 4.08.100, may immediately order the needed commodity from the nearest available source. As soon as possible thereafter, the department head shall submit to the purchasing officer a requisition and a notation that the commodity was ordered on an emergency basis from the designated vendor. The purchasing agent shall prepare a purchase order in accordance with procedural regulations governing purchase orders and shall identify thereon the orders so confirmed.
4.08.120 Emergency: Situations Specified. For the purposes of this section and Sections 4.08.100 and 4.08.110, an emergency shall be deemed to exist only if:
A. There is a great public calamity; or
B. There is an immediate need to prepare for national or local emergency; or
C. There is a breakdown in machinery or essential service which requires the immediate procurement of supplies and equipment to protect the public health, welfare or safety; or
D. An essential departmental operation affecting the public health, welfare or safety would be greatly hampered if the prescribed purchase procedures would cause an undue delay in the procurement of the needed item.
4.08.130 Central Stores. Selected commodities with recurring high usage rates may be stocked and issued from a central facility under the direction and control of the purchasing agent. The purchasing agent shall examine usage rates for commodities and, in coordination with using departments, expand or reduce the quantities and types of items in central stores.
A. Items stored in the central facility shall be replenished as needed from the purchasing revolving fund established in Section 4.08.140 below, or through regular purchasing procedures. The inventory levels of commodities on hand shall be determined by the purchasing officer, based on demand and available funds.
B. Detailed instructions for ordering and accounting methods shall be set forth in administrative regulations governing the operation of central stores.
C. Procedures for the issuing of centrally stored items shall be conducted with due regard for convenience of the using departments and agencies.
4.08.140 Revolving Fund. There is established a revolving fund under the direction and control of the purchasing officer. The revolving fund shall be in an amount fixed by the Tribal Council from time to time by resolution. All purchases for the central stores shall be charged to and paid from said revolving fund the revolving fund shall be replenished to that amount by the transfer of funds from the budgets of such departments.
4.08.150 Approval of Expenditures. Except as otherwise authorized by Section 4.08.010, expenditures not exceeding one thousand dollars may be approved by the purchasing officer based on budgetary provisions. Expenditures in excess of one thousand dollars shall have the approval of the Tribal Council prior to the issuance of a purchase order. Orders shall not be divided or staggered for the purpose of circumventing the approval required in this section.
4.08.160 Availability of Funds. Except in cases of emergency or where Tribal Council authorization has first been obtained, the purchasing officer shall not issue any purchase order unless there exists an unencumbered balance in the applicable tribal appropriation for the requested expenditure.
4.08.170 Disposal of Obsolete or Surplus Property. Each using department or agency shall, at least annually, submit to the purchasing officer reports, in the form and manner he/she shall prescribe, describing all supplies, equipment, materials, fixtures, and other personal property of the Tribe in the agency's custody which is surplus to need or which has become obsolete or unserviceable.
A. Subject to the provisions of subsection E, the purchasing officer is authorized to sell or exchange any and all equipment, materials, fixtures, and other personal property of the Tribe having a salvage value and which is obsolete or unserviceable, or is surplus to the Tribe, or for which replacement is to be purchased. He/she shall sell the same for the best price obtainable in and open market, or, when he/she deems it advisable, to the highest bidder at a public sale, or, he/she may exchange the same for other property or for credit on other property.
B. In the event that the purchasing officer determines that any such obsolete or surplus property has no salvage value, he/she may dispose of it as he/she deems advisable.
C. All sales shall be for cash or for certified check or money order payable to the Tribe.
D. The purchasing officer shall have the authority to sign bills of sale and any other papers or documents evidencing transfer of title of said property for or on behalf of the Tribe.
E. Prior to disposing of any obsolete or surplus personal property having an apparent market value in excess of one thousand dollars, the purchasing officer shall inform the Tribal Council of the nature of the personal property to be disposed of and the price offered, and obtain the approval of the Tribal Council for the disposal of the property.
4.08.180 Exceptions to Centralized Purchasing. The purchasing officer, with approval of the Tribal Council, may authorize, in writing, any agency or department to purchase specific supplies and equipment independently of the purchasing officer. He/she shall require that such purpose shall conform with the procedures established in this chapter, and shall further require periodic reports from the agency on the purchases made pursuant to such authorization.
4.12.010 Unclaimed Property Defined.
4.12.020 Storage: Return to Owner.
4.12.030 Auction: Publication of Notice.
4.12.040 Auction: Procedure.
4.12.050 Auction: Expenses and Proceeds.
4.12.060 Auction: Report of Unsold Items.
4.12.070 Exception: Property Subject to Confiscation.
4.12.080 Exception: Disposal.
4.12.090 Exception: Money.
4.12.100 Bicycles and Toys.
4.12.010 Unclaimed Property Defined. "Unclaimed property" means the personal property of others which has come into the possession of the Tribe, left in its possession, or turned over to it by the person who found or received the same, excluding:
A. Property subject to confiscations under the laws of the Tribe or of the United States;
B. Vehicles, the storage, sale or disposition of which is the subject of an agreement between the Tribe and the County of Del Norte and which is governed by the provisions of the Del Norte County Code.
4.12.020 Storage: Return to Owner. Except as otherwise provided by the laws of the United States of America or the provisions of this chapter, all unclaimed personal property in the possession of the Tribe shall be stored in a safe place by the Tribal Administrator for at least six months; provided, however, that the Tribal Administrator shall restore such property to its legal owner immediately upon proof of such ownership satisfactory to him/her and upon the payment of all reasonably necessary costs incurred for the care and protection thereof, unless such property is held by the Tribal police as evidence in a pending case, in which case it shall be disposed of only upon order of the Tribal Court.
4.12.030 Auction: Publication of Notice. At any time after the expiration of said six month period, the Tribal Administrator shall, upon order of the Tribal Council, publish once in a newspaper of general circulation a notice of his/her intention to sell such unclaimed personal property to the highest bidder at public auction at the time and place therein specified.
4.12.040 Auction: Procedure. The sale shall be held not less than five days after the publication of said notice, and each item shall be separately sold at public auction to the highest bidder.
4.12.050 Auction: Expenses and Proceeds. The expense connected with such sale shall be a proper charge against the funds of the Tribe and all proceeds received from said sale shall be delivered to the CFO for deposit into the general fund.
4.12.060 Auction: Report of Unsold Items. The Tribal Administrator shall report any items remaining unsold after said public auction to the Tribal Council which shall instruct the Tribal Administrator what disposition shall be made thereof in the tribe's interest.
4.12.070 Exception: Property Subject to Confiscation. The provisions of this chapter shall not apply to property subject to confiscation under the laws of the Tribe or of the United States of America.
4.12.080 Exception: Disposal. Any perishable goods, or property which shall be contrary to public policy for the Tribe to retain, shall be disposed of in such manner as the Tribal Administrator may, in the tribe's interest, determine.
4.12.090 Exception: Money. If any unclaimed personal property consists of money, it shall be deposited with the CFO to be disposed of in the manner provided by law.
4.12.100 Bicycles and Toys. Any bicycles or toys in the possession of the Tribe which have been unclaimed for a period of at least sixty days may, instead of being sold at public auction to the highest bidder be turned over to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency or distributed by the Tribal Administrator to any needy member or members of the Tribe.
Section 3. Effective Date. This Ordinance shall take effect immediately upon its passage.
The foregoing Ordinance was adopted at a regular meeting of the Tribal Council, with a quorum present, held on the 17th day of May, 1999, and adopted by the following vote:
|John Green, Chairman||Secretary of the Tribal Council|
May 18, 2000