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DATE
ADOPTED: July 28, 1999 |
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SUBJECT:
Health Authority Ordinance |
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RESOLUTION
No.:
099-99; 014-01; 062-01; 128-01 |
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DATE
AMENDED: 1-31-01; 04-11-01; 8-8-01 |
Health Authority Ordinance
Tribal
Code § 490
(a) AUTHORITY: The authority for this Ordinance is found
under Article III, Section 1 of the Grand Ronde Constitution.
(b) BACKGROUND AND PURPOSE: Quality health care is a high
priority of the Tribe. In order to ensure that Tribal members are afforded
a high quality of health care, the Council hereby establishes the Grand
Ronde Tribal Health Authority ("Health Authority"). The purpose of the
Health Authority shall be to oversee the operation of Grand Ronde Tribal
Health and Wellness Center and other tribal health programs providing
services to Indian and non-Indian residents in the Grand Ronde Community
and to ensure that the Health Center meets the standards for accreditation.
(c) DEFINITIONS:
(1)
"Council" means the Tribal Council of the Confederated Tribes
of Grand Ronde;
(2)
"Health Authority" Shall mean the Grand Ronde Tribal Health Authority,
the Tribal Department and administrative body responsible for overseeing
the general operation of the Tribal Health and Wellness Center and
other tribal programs;
(3)
"Board" means the Board of Commissioners of the Health Authority;
(4)
"Health Center" means the Grand Ronde Health and Wellness Center;
(5)
"Executive Health Director" means the person hired to oversee
the day to day operations of the Health Center;
(6)
"Commissioner" means a voting member of the Health Authority
Board of Commissioners; and
(7)
"Ex-Officio Member" means a non-voting member of the Health
Authority's Board of Commissioners.
(d) BOARD OF COMMISSIONERS:
The Health
Authority shall be administered by a Board of Commissioners. The makeup
and general responsibilities of the Board shall be as follows:
(1)
The Board shall consist of at least five (5) but no more than nine
(9) voting members, who shall be appointed by a majority vote of the
Council. A majority of the voting members shall be Tribal members.
To the extent practicable, the Board shall have at least one member
from each of the following fields: Public Health and/or Indian Health;
Medicine; Business Administration; and Pharmaceuticals. Commissioners
may not be employees of the Grand Ronde Health and Wellness Center.
(A)
Ex-Officio Members: In addition to the voting Board members,
there may be two Ex-Officio or nonvoting members of the Board. One
shall be a Tribal Council member and the other shall be a health
care provider, not directly employed by the Health Authority. Ex-Officio
Members shall be appointed by a majority of Council and shall serve
a term of two years.
(2)
Commissioners shall serve three (3) year staggered terms. In order
to establish staggered terms, the initial Commissioners shall be appointed
as follows: two shall serve a 1-year term, two shall serve a 2-year
term and three shall serve a 3-year term. After the initial term,
all subsequent terms of appointment shall be for three years. Vacancies
shall be filled by recommendation of the Board and a majority vote
of Council. A Commissioner whose term has expired shall hold their
seat until it is filled.
(3)
Commissioners and Ex-Officio Members shall serve at the pleasure of
the Tribal Council and may be removed from office prior to the expiration
of their term, with or without cause, by a majority vote of Council.
(4)
Commissioners and Ex-Officio Members shall be compensated for attendance
at monthly meetings at a rate to be set by Council and shall be entitled
to reimbursement for expenses, including travel expenses, reasonably
incurred in the discharge of their duties.
(5)
The Board shall adopt Bylaws for the conduct of business, which shall
include the following provisions:
(A)
The Board shall select annually from its membership a chairperson,
who shall preside over scheduled meetings of the Board and have
the power to convene special meetings on not less than 24 hours
notice to the other members of the Board.
(B)
A quorum shall consist of three members, provided, however, that
no Board action shall be taken by a vote of less than a majority
of the full Board.
(C)
Meetings of the Board shall be held at regular intervals as established
by the Board, but not less than monthly.
(6)
The Board shall give monthly reports to Council provided that, Council
may, in its sole discretion, call for a longer reporting period. The
reports shall include a (a) summary of Health Center activities for
the month, (b) an explanation of significant problems and accomplishments,
(c) plans for the future, and (d) such other information as the Authority
or the Council shall deem appropriate.
(7)
Executive Health Director: Within a reasonable time after
appointment, but no later than three months, the Board shall recommend
three candidates for the position of Executive Health Director. The
Council shall select and hire an Executive Health Director.
(A)
The Executive Health Director shall be responsible for overseeing
the day to day operations of the Health Center. The terms of the
contract with the Executive Health Director shall be negotiated
by the Board and approved by majority vote of the Council
(B)
The Board shall be responsible for evaluating and overseeing the
performance of the Executive Health Director
(8)
The Board shall keep and maintain records of all Authority transactions,
meetings and business, consistent with generally accepted practices.
(9)
The Board shall administer, in accordance with federal, tribal and
applicable state requirements, grants received by the Tribe in connection
with the Tribe's provision of health care services.
(e) Powers of the Health Authority:
The Council
delegates to the Health Authority the authority to operate and manage
the Tribe's health care facilities, including the Grand Ronde Health
and Wellness Center, and other health programs consistent with this
Ordinance and other Tribal laws, and to engage in such other activities
reasonably necessary to fulfill the purposes of this Ordinance. Notwithstanding
the above, nothing in this Ordinance shall authorize the Health Authority
to waive the sovereign immunity of the Tribe.
In furtherance
of its general delegation of authority, the Health Authority shall have
the following specific powers, which it may exercise consistent with
the purposes for which it is established:
(1)
To hire (by written contract or otherwise), train, promote, assign,
compensate, discipline and/or discharge in accordance with Tribal
laws, Health Center staff, consultants, and other Tribal personnel
necessary for the provision of health services, including but not
limited to administrators, health professionals and support staff;
(2)
To acquire by purchase, lease or otherwise (in the name of and on
behalf of the Tribe), equipment, materials, goods, services, and other
personal property and commodities necessary for the conduct of business,
provided, however, that purchases over $100,000 dollars shall require
the approval of Council;
(3)
To establish, in consultation with the Tribal Attorney's Office and
Human Resources Department, personnel policies appropriate to the
efficient operation of the Grand Ronde Health and Wellness Center;
provided, however, that such policies shall be substantially similar
to the Tribe's personnel policies and the Tribe's Human Resources
Department shall oversee the administration of the policies;
(4)
To set the charges and bill for services rendered. (The Tribe's Finance
Department shall manage all bank accounts and cash flows); and
(5)
To do all other things reasonably necessary, proper, and advisable
to accomplish the purposes set forth above.
(f) Compliance with Tribal Laws:
Except
where expressly provided otherwise in this Ordinance or applicable Federal
Law, the Board shall perform its duties and exercise its powers in a
manner consistent with Tribal ordinances and policies.
I certify
this to be a true copy of the Confederated Tribes of Grand Ronde Health
Authority Ordinance.
Tribal Council Secretary
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