Title
18 - Chairman's Ordinance
| ORDINANCE
NO: |
1-80
AMENDMENT NO. 2 |
| DATE
APPROVED: |
March
5, 1998 |
| SUBJECT: |
ESTABLISHING
DUTIES, RESPONSIBILITIES AND SALARY OF TRIBAL CHAIRMAN |
| WHEREAS: |
The
Hoopa Valley Tribe adopted a Constitution and Bylaws on June 20,
1972, which was approved by the Commissioner of Indian Affairs
on August 18, 1972, and confirmed and ratified by the United States
Congress on October 31, 1988; and
|
| WHEREAS: |
Article
XI, Section 1, Constitution and Bylaws of the Hoopa Valley Tribe
states that “the Chairman shall preside over all meetings
of the Tribal Council and the Tribe’s general membership.
He shall perform all duties of the Chairman and exercise any authority
delegated to him by the Tribal Council. The specific duties and
responsibilities of the Chairman and other members of the Council
shall be spelled out in appropriate ordinance of the Tribal Council.
The chairman shall vote only in case of a tie”; and
|
| WHEREAS: |
Due
to the ever increasing and expanding operations and interests
of the Hoopa Valley Tribal Council it is appropriate at this time
to define in an enactment of a permanent nature the duties, responsibilities
and salary of the position of Chairman of the Hoopa Valley Tribe.
|
NOW THEREFORE
BE IT RESOLVED: That the duties, responsibilities and powers of the
Tribal Chairman shall include, but not be limited to, those items established
within Article XI, Section 1 of the Constitution and Bylaws of the Hoopa
Valley Tribe. Such other duties, responsibilities and powers delegated
to the Tribal Chairman by the Hoopa Valley Tribal Council are:
1. The
Tribal Chairman shall act as the Chief Administrator for the Hoopa
Valley Tribe and all Tribal employees by being responsible to and
for the Hoopa Valley Tribe’s membership and employees through
maintenance and direction of daily Tribal activities and business;
2. Keeps
the Hoopa Valley Tribal Council informed of activities through quarterly
reports. The Chairman upon receipt of monthly reports submitted to
him by managers, shall condense their contents; and add his comments
and recommendations which may involve corrective actions. This shall
be submitted to the Tribal Council quarterly in writing;
3. Makes
recommendations and special reports in connection with any projects
to be developed by the Council;
4. Takes
part in or has input into studies for economic and social development
of the Hoopa Valley Tribe makes appropriate recommendations to the
Tribal Council regarding their feasibility;
5. Answers
and investigates, or appoints staff to do so, complaints or concerns
registered by Hoopa Valley Tribal members;
6. Maintains
and familiarizes himself or herself with services available through
the Bureau of Indian Affairs, the Indian Health Service and any other
agencies related to Indian Affairs;
7. Coordinates
efforts, possibly directs, and monitors persons rendering professional
services to the Hoopa Valley Tribe;
8. Reviews
budget expenditures, encumbrances and compares them with appropriations
from reports prepared by fiscal staff to ensure that expenditures
are in conformance with appropriations and applicable law(s);
9. Meets
with managers and directors of programs/departments of the Hoopa Valley
Tribe on a regular basis to ensure awareness of department and entity
activities, concerns and progress;
10.
Accomplishes in writing directives of the Council, including employment
and termination directives by the Council, by attending to those items
referred to the Chairman and directing appropriate managers to accomplish
items directed to them. Monitors status of progress on Council directives
in accordance with the intent of said directives to ensure completion;
11.
Acts as the political leader for the Hoopa Valley Tribe in matters
of local, state and federal intervention, and/or interaction. Issues
public and/or political statements in accordance with the position
of the Council with prior consent of the Council. In situations where
issuance of a statement is urgent the Council may be polled for concurrence;
12.
Strives to enhance the public awareness, image and credibility of
the Hoopa Valley Tribe within the reservation and elsewhere;
13.
Keeps abreast of all legislation pending on both state and national
levels pertinent to Indian matters and to the Hoopa Valley Tribe,
specifically;
14.
Acts as the liaison, or designates a representative of the Hoopa Valley
Tribe to and with the Bureau of Indian Affairs, Indian Health Service,
and other agencies, offices or government bodies;
15.
Coordinates activities and information with all Council members;
16.
Travels as requested or required to carryout the desires and priorities
of the Hoopa Valley Tribe. Chairman’s travel shall be listed
as a separate budget line item and travel costs shall not exceed the
annual budgeted amount without prior approval of the Council. All
travel by the Chairman shall be consistent with Tribal ordinances
regarding travel and expense reimbursement. Travel exceeding four
days away from the Reservation must receive prior Council approval
and in all instances of absence from the office for one day or more
the Chairman shall inform the Vice- Chairman to be available to act
in his absence;
BE IT
FURTHER RESOLVED: That the Tribal Chairman shall have the authority
to expend funds identified in accordance with the Budget Ordinance up
to and including $2,500 per transaction.
BE IT
FURTHER RESOLVED: That there shall be a limit of one (1) political appointment
to be made by the Chairman and confirmed by the Tribal Council. The
term of the Chairman’s political appointee shall be co-terminus
with that of the Chairman. The Chairman shall have authority to contract
with the political appointees for a salary that is approved by the Tribal
Council and consistent with the budget amount identified for that purpose.
Nothing herein shall prohibit the Chairman from terminating a political
appointment, with or without cause, during the term of the Chairman.
BE IT
FURTHER RESOLVED: That a fixed annual compensation for the Tribal Chairman
is set at a rate consistent with the annual amount budgeted for this
line item, and
BE IT
FURTHER RESOLVED: That should the Tribal Chairman neglect or refuse
to carry out the duties and responsibilities as outlined in this ordinance,
the Tribal Council, upon submission of appropriate written justification,
may act to decrease the annual compensation of the Chairman provided
that before any vote is taken, the Chairman shall be provided with the
written justification for such action at least five (5) days before
the meeting of the Council to consider the matter and he shall have
an opportunity to answer any and all points contained in said written
justification.
CERTIFICATION
I, the
undersigned, as Chairman of the Hoopa Valley Tribal Council do hereby
certify that the Hoopa Valley Tribal Council is composed of eight members
of which six (6) were present, constituting a quorum at a Regular Meeting
thereof; duly and regularly called, noticed, convened and held this
5th day March, 1998; and that this Ordinance was duly adopted by a vote
of five (5) for, zero (0) opposed, and zero (0) abstaining; and that
since approval, this Ordinance has not been rescinded, amended, or modified
in any form.
DATED
March ___, 1998.
| |
______________________________
Merv George, Jr., Chairman
Hoopa Valley Tribal Council |
|
ATTEST:________________________________
Darcy Baldy, Executive Secretary
Hoopa Valley Tribal Council
|
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