The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances]
Last amended: 2003
ORIGINALLY ADOPTED: 8/25/94
DATE AMENDED: 6/1/94; 7-19-94
RESOLUTION NUMBER: 053-93; 032-94; 045-94
Government Organization and Procedures Ordinance
Tribal Code § 210
(1) The authority for this Ordinance is found in the Tribal Constitution Article III, Section 1.
(2) To ensure effective Tribal government, provide for continuity of effort, and document the responsibilities and authorities vested in various units of the Tribal Government, this Ordinance sets forth the organization of the Tribal government of the Tribe, and establishes standards and procedures for conducting Tribal government business.
(b) BACKGROUND AND INTENT: The Tribal Council is the governing body of the Tribe. The responsibility to organize all efforts of Tribal government vests in the Council. To carry out the many goals of the Tribe, the Council is vested with the authority to hire employees, form committees, charter subordinate organizations, employ legal counsel and hire others to assist them in carrying out all legislative, judicial and executive functions of Tribal government.
The Council has determined that the hiring of employees, the establishment of a Tribal Court, appointment of Committees, chartering of subordinate organizations and employment of legal counsel and others is necessary to achieve Tribal goals and visions.
It is the intent of the Council to clearly set forth the organizational components, provide clear direction and authority to each work unit, and to establish consistent and effective procedures for carrying on the work of Tribal Government.
(c) TRIBAL GOVERNMENT ORGANIZATION AND ROLES:
(1) Tribal Government Organization: The Tribal government organization shall consist of the General Council, Tribal Council and all subordinate boards, committees, officials, employees and organizations chartered or appointed by the Council or any designee thereof.
(2) Tribal Council Responsibility: The Council is responsible for all Legislative, and Executive functions, and those Judicial functions permitted under the Tribal Constitution. The Council shall appoint and employ such subordinate employees, committees and boards as are reasonable and necessary to assist in carrying out its responsibility. The Tribal Council retains the exclusive authority to waive the sovereign, immunity of the Tribe including the Tribal Council members, Tribal Officers, Tribal Attorney, Tribal staff and committee members from suit. Any such waiver must be expressly and specifically authorized by Tribal Council Resolution.
(3) Tribal Government Roles: The following roles shall be assigned by the Tribal Council for the overall management of the affairs of the Tribe;
(A) Public Policy and Legislation: The Council is responsible for carrying out all legislative authority not reserved to the General Council. The Council shall reserve all legislative authority to give voice to public policy and enact laws to carry out the duties of Tribal Government and regulate the affairs of the membership, where appropriate, and any other authority not specifically delegated by Tribal Law. The Council has enacted and shall regularly review and revise as needed, an ordinance to guide the conduct of business and that of its members.
(B) Executive: The Council shall establish the position of Executive Officer (EO) to carry out the Executive functions of Tribal Government, and shall delegate by ordinance to this position the responsibility to assist the Council in its work as needed, to implement Tribal laws and carry out administrative functions of Tribal Government. The EO shall report to and serve at the pleasure of the Tribal Council.
(C) Judicial: Pursuant to the provisions of the Tribal Constitution, the Council has enacted an ordinance to establish a Tribal Court, a position of Chief Judge and such associates and assistants as deemed appropriate. The Judge has promulgated rules of pleading and practices and procedures of the Court as provided by such Ordinance. The Judge shall regularly review and amend these rules as needed.
(D) Policy Advisory: To allow maximum participation and input from Tribal members in Tribal government, provide for increased Tribal member knowledge of Tribal business and ensure ongoing knowledge of Tribal needs and opportunities, the Council shall appoint such advisory committees for any area of concern where there shall be either temporary or ongoing need of advice to the Council. The Council shall enact a General Committee Ordinance that provides for the chartering and operation of committees. Advisory committees shall serve at the pleasure of, and report to, the Council in accordance with their charter.
(E) Economic Enterprise: When deemed appropriate, for the purpose of meeting important Tribal Goals, the Council shall charter, by ordinance, subordinate organization and boards for the purpose of carrying out business development and management activities outside the Tribal Government structure. Such boards shall be appointed by, and report to, the Council as provided by their charter.
(F) Other Important Purposes: Other subordinate organizations may be chartered to carry out any functions necessary to accomplish Tribal goals, whenever it is deemed by the Tribal Council the activity to be carried on by an organization is of sufficient importance to require separation from the day-to-day affairs of Tribal Government. Subordinate organizations shall be chartered by ordinance and shall report to the Council.
(4) Plan for Organizational Development: The Council shall adopt a Plan for Organizational Development to serve the following purposes:
(A) To ensure the organization is responsive to the people it serves.
(B) To focus resources on delivery of services.
(C) To ensure the consistent implementation of all legislative acts as adopted by the Council.
(D) To provide a framework for future growth of the Tribal Organization.
(E) To ensure the organization efficiently uses all human and financial resources, integrate programs and services, have effective coordination and avoid duplication.
(F) To clearly designate authorities within the Tribal organization.
(G) To ensure the consistent implementation of all federal contract laws and other applicable laws as required and approved by the Tribal Council.
(d) TRIBAL POLICY MANAGEMENT STANDARDS: The policies of the Tribal Organization shall be organized and maintained according to the following standards;
(1) Components of Tribal Policy: Tribal Policies shall be separated into the following components, which are listed in order of precedence.
(A) Tribal Organic Documents: The organic documents of the Tribe include the ratified treaties with the United States, the Constitution, approved by the Secretary of the Interior and ratified by the membership. These documents set out the policies of the membership and confer governing powers to the Council. Additional guidance is provided by the Grand Ronde Restoration Act, a Federal law, and other Federal laws, applicable to the Tribe or to Indian Tribes in general.
(B) Tribal Council Statutes: Pursuant to the Tribal Constitution; All final decisions of the Council on matters of general and permanent importance to the members of the Tribe shall be embodied in ordinances.
All final decisions of the Council on matters of temporary importance or relating especially to particular individuals shall be embodied in resolutions.
(C) Tribal Code: A document containing, in subject matter order, the current laws enacted by the Council.
(D) Tribal Court Opinions: Written opinions of the Tribal Courts.
(E) Tribal Regulations: Implementing policies for and interpretations of Tribal laws as established by the EO, including emergency policies established in the absence of Tribal ordinance and resolutions to regulate the activities of Tribal government employees.
(F) Tribal Rules: Operating Documents for the Tribal Council Tribal Laws Working Group and Committees established by the particular body whose operation is covered.
(G) Tribal Manuals: Procedures and guidelines established to guide the day-to-day operations of staff. Such manuals shall include forms and information to facilitate efficient operations and continuity of services.
(2) Policy Maintenance Standards: Policies of the Tribe shall be maintained in accordance with the following standards;
(A) All Tribal policies shall be maintained in a central library. Portions of the library shall be available at other locations as appropriate.
(B) Policies in the central library and at other separate locations shall be maintained in a current state at all times.
(C) Policies shall be protected to maintain their integrity for reliance thereon by the Tribal organization.
(D) Policies within the central library shall be made available for viewing by any Tribal member, any Tribal employee upon reasonable request, and any other person upon authorization by the EO.
(3) Policy Format: Standard style formats, numbering and definitions shall be adopted where appropriate to ensure efficient access and reference. All policies shall meet the following standards;
(A) All policy components shall be appropriately cross referenced.
(B) The following common definitions shall be used:
1. "Tribal Council" shall mean the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon.
2. "Tribe" shall mean the Confederated Tribes of the Grand Ronde Community of Oregon.
3. "Tribal Administration" shall mean the Tribal Administration of the Confederated Tribes of the Grand Ronde Community of Oregon, and includes the Tribal Council Chairperson, administrative officers, programs and departments, including directors and staff, Tribal enterprises and entities, and other key personnel of the Tribe.
4. "Tribal Officials" shall mean persons elected or appointed to serve or represent the Tribe in an official capacity, including but not limited to Council members and officers, committee members and officers, and the EO.
5. "Immediate family" shall mean those members of a person's family who are related by blood or by marriage as follows: father, mother, daughter, son, husband, wife, sister, brother.
6. "Financial interest" shall mean an interest in a matter through which an individual stands to gain or lose money, assets, property or employment.
7. "Council Member" shall mean a member of the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon.
8. " Executive Officer" shall mean the Executive Officer of the Confederated Tribes of the Grand Ronde Community of Oregon.
9. "Tribal Court" shall mean the Tribal Court of the Confederated Tribes of the Grand Ronde Community of Oregon, authorized by the Tribal Constitution and established by the Tribal Court Ordinance.
10. "Tribal Constitution" shall mean the Constitution of the Confederated Tribes of the Grand Ronde Community of Oregon.
11. "Ad hoc Committee" shall mean a committee established by the Tribal Council for a special purpose and a finite period of time.
12. "Code" shall mean the Tribal Code of the Confederated Tribes of the Grand Ronde Community of Oregon.
13. "Committee member" shall mean an individual serving on a committee of the Confederated Tribes of the Grand Ronde Community of Oregon.
14. "General Council" shall mean all duly enrolled members of the Confederated Tribes of the Grand Ronde Community of Oregon who are eighteen (18) years of age or older.
15. "Ordinance" shall mean a general law enacted by the Tribal Council.
16. "Policy" shall mean a decisions embodied in laws, regulations and manuals of the Tribe that authorize, direct and/or regulate activities.
17. "Regulations" shall mean rules promulgated by the EO governing administrative practices and procedures to implement Tribal ordinances and conduct day to day business of the Tribe.
18. "Resolution" shall mean a decision of the Council on matters of temporary interest or relating to specific individuals.
19. "Service Area" shall mean the counties of Yamhill, Washington, Polk, Marion, Multnomah, and Tillamok in the state of Oregon.
20. "Standing Committee" shall mean a tribal committee established by the Council to deal with a general area of interest and which will exist for an indefinite period of time.
21. "Technical amendment" shall mean corrections in grammar, style, punctuation and other minor matters to ordinances and regulations.
22. "Tribal Goals" shall mean general statements of long range desires or proposed results of plans and efforts.
(4) Council meeting Procedures: All meetings of the Tribal Council and General Council shall be conducted as follows:
(A) The Council welcomes input from General Council, Staff, or Guests present. No one will be denied the opportunity to speak. However, the person must request the floor, and the Chairman will recognize them. The Council may impose a limit of 5 minutes for a person to speak on a single issue in General Council meetings only.
(B) Persons speaking are not be interrupted except for clarification.
(C) When voicing a complaint, persons will speak in a civil manner. The Council will not tolerate personal attacks on anyone.
(D) On an agenda matter, Roberts Rules of Order shall serve as guidelines. This will ensure that all interested persons will have the opportunity to present their stand on any issue; either for or against.
(E) Concerns not being addressed on the agenda must wait for "Other Business(F) People should be an example for the next generation or anyone who looks to us for guidance.
(G) When the number of attendees requires the use of a Public Address System, each speaker wishing to address the Tribal Council must use a microphone. Otherwise, the Tribal Council will not consider the comments.
(H) Under the Tribal Constitution, the Tribal Council reserves the right to adjourn any meeting conducted by the Council. If malicious attacks are made against the Council and Staff, instead of asking constructive questions or voicing concerns relevant to Tribal operations, the meeting may be adjourned.
(5) Legislative Procedures: When considering a proposed ordinance or major amendment to an ordinance, the Council Secretary shall ensure that:
(A) The proposed enactment is made available for viewing by Tribal Members and their input is sought. Notice shall be made of availability of the proposed ordinance or amendment. The notice shall include:
1. The purpose of the proposed ordinance;(B) The proposed ordinance shall be presented at not less than one (1) Council meeting open to the membership. Tribal members shall have an opportunity to comment and make recommendations.
2. Its major provisions;
3. Information on how Tribal members may view or obtain copies of it; and
4. Request for comments and recommendations on it.
(C) Within thirty (30) days after enactment of any Ordinance or major revision to any existing ordinance, notice shall be provided to all Tribal members. Such notice shall consist of;
1. The purpose of such Ordinance(D) Any proposed ordinance, or major amendment to an ordinance, shall include a statement of purpose which shall describe briefly the end to be achieved by it. In addition, a proposed background statement and statement of intent shall be included which shall provide a historical perspective on issues being considered and the intent of the enactment to address these issues. The purpose and background statements shall clearly communicate to both present and future members the need for the ordinance.
2. Its major provisions; and
3. Information on how Tribal members may view or obtain copies of it.
(E) Technical amendments to ordinances shall be adopted by resolution.
(F) Ordinances and amendments to existing ordinances shall be enacted by resolution.
(G) If an emergency requires enactment or amendment of an ordinance sooner than would be possible under these procedures, the Council may temporarily adopt it. As soon as possible, however, the Council shall follow regular procedures for adoption of the ordinance or amendment.
(H) If the Council determines a proposed change to an Ordinance, or a new Ordinance is required by the federal law or the Tribal Constitution, the Council may forego following the procedures in (A) and (B).
(I) The effective date for an Ordinance will be twenty-one (21) days after enactment unless the Council declares an emergency and makes the Ordinance effective sooner.
(6) Regulation Procedures: The EO shall promulgate regulations as needed to implement enactments by the Council and to guide the conduct of Tribal business. The following procedures shall be followed in the publication of regulations that may affect the health, welfare and safety of the General Council:
(A) Not less than thirty (30) days prior to publishing final regulations the EO shall:
1. Provide proposed regulations to the Council, and(B) Comments of interested parties shall be a matter of record and shall be considered in developing regulations.
2. To Tribal members and any other parties directly affected by such regulations. The notice shall include the subject matter of proposed regulations, where regulations may be viewed and where to submit comments.
(C) Based on Council direction and comment from interested parties, the EO shall prepare with any changes, the proposed regulation for posting and publication, including the date the regulation becomes effective.
(D) Within thirty (30) days after publishing regulations, notice shall be given to all Tribal members, and other affected parties of the publication of final regulations. Such notice shall include instruction on how to view and obtain copies of such regulations.
(E) Regulation promulgated pursuant to this procedure shall have the force of law.
(F) Regulations not adopted in compliance with this procedure are invalid, except for emergency regulations as provided in (G) below.
(G) If an emergency requires adoption of a regulation sooner than would be possible under these procedures, the EO may temporarily adopt it without following them. As soon as possible, however, the EO shall start the regular procedures for adopting the regulation.
(e) SEVERABILITY: If a court of competent jurisdiction finds any provision of any Tribal ordinance or regulation to be invalid or illegal under applicable Tribal and or Federal law, such provision shall be severed from such ordinance and the remainder of such ordinance shall remain in full force and effect.
I certify this to be a true copy of the Confederated Tribes of Grand Ronde Tribal Government and Procedures Ordinance.
Tribal Council Secretary