Statutes of the Pit River Tribe of California, Housing Committee Policy and Procedures

Housing Committee Policy and Procedures

Article I - General Provisions
Article II - Housing Department
Article III - Housing Committee
Article IV - Appeal Process
Article V - Miscellaneous
Resolution No. 03-10-09

ARTICLE I. GENERAL PROVISIONS

SECTION 101. CONSTITUTIONAL AUTHORITY

(A) Pursuant to the authority vested in the Pit River Tribe by its Constitution, and particularly by Article VII, Section l thereof, and its authority to provide for the health, safety, morals and welfare, the Council of the Pit River Tribe hereby establishes a public body known as the Pit River Housing Committee (hereinafter referred to as the Committee, and enacts this Chapter which shall establish the purposes, powers and duties of the Committee.

(B) In any suit, action or proceeding involving the validity or enforcement of or relating to any of its contracts, the Committee shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this Ordinance. A copy of the Ordinance duly certified by the Secretary of the Council shall be admissible in evidence in any suit, action or proceeding.

SECTION 102. POLICY

The Housing Committee shall carry out the assigned activities in accordance with the program regulations and for ICDBG in accordance with 24 CFR part 1003.204(c)(3) as the Pit River Tribal Council's development of a Housing Department.

SECTION 103. PURPOSE

(A) The Committee serving as the Housing Department may carry out neighborhood revitalization, community economic development, or energy conservation projects authorized under a Indian Community Development Block grant or other specified projects as assigned by the Pit River Tribal Council.

(B) The Committee shall be organized and operated for the purposes of:

(1) The improvement of the physical, economic or social environment over areas within the Tribe's jurisdiction.

(2) Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals;

(3) Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; and

(4) Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.

SECTION 104. DECLARATION OF NEED

(A) That there exist within the area of the jurisdiction of this Council unsanitary, unsafe and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.

(B) That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;

(C) That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprise.

(D) That the providing of decent, safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which money may be spent and private property acquired and are governmental functions of concern to this Council;

(E) That residential construction activity and a supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this Chapter to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible or more stable and larger volume of residential construction and housing supply which will assist materially in achieving full employment.

(F) The necessity in a public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

SECTION 105. DEFINITIONS

The following terms, whenever used or referred to in this Chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(A) "Board" means the Board of Commissioners of the Committee.

(B) "Council" means the Pit River Tribal Council.

(C) "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise of the United States of America.

(D) "Homebuyer" means a person (s) who has executed a lease-purchase agreement with the Committee and who has not yet achieved home ownership.

(E) "Housing project" or "project" means any work or undertaking to provide or assist in providing (by any suitable method, including but not limited to: rental; sale of individual units in single or multifamily structures under conventional condominium, or cooperative sales contracts or lease-purchase agreements; loans, or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments, or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and of administrative, community, health, recreational, welfare, or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or sued in connection with the housing project.

(F) "Jurisdiction." The Tribe shall exercise jurisdiction over all matters within the power and authority of the Pit River Tribe. This jurisdiction extends over the Pit River Tribe and its territory, persons who enter its territory, its members, and persons who interact with the Tribe or its members wherever found.

(G) "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.

ARTICLE II. HOUSING DEPARTMENT

SECTION 201. BACKGROUND AND INTENT

The Tribe recognizes that it is most appropriate for the Tribe's housing program to be conducted by a Tribal department. This ordinance establishes such a department and clarifies that department's powers and responsibilities. The department shall be known as the Pit River Housing Department.

SECTION 202. ESTABLISHMENT OF TRIBAL COMMUNITY BASED DEVELOPMENT ORGANIZATION

The Tribal Council established a Housing Department as a distinct division of Tribal Government. The Housing Department will be administered by a Housing Committee and a Housing Director as described in this Ordinance.

SECTION 203. HOUSING DIRECTOR

The Administrator, in consultation with the Housing Committee will hire a Housing Director as an at-will employee. The Administrator, with recommendations from the Housing Committee, will establish the duties of the Housing Director. At a minimum, the Housing Director's duties will include the day-to-day administration of the housing program and the implementation of enforcement actions taken by the Housing Committee and Housing Policies adopted by the Tribal Council.

SECTION 204. ENFORCEMENT OF HOUSING POLICIES

Unless the Tribal Council provides otherwise, the Housing Department will enforce lease and mortgage provisions and housing policies for Tribal Housing Projects.

ARTICLE III. HOUSING COMMITTEE

SECTION 301. HOUSING COMMITTEE COMPOSITION

(A) The Housing Committee shall have seven (7) Housing Commissioners of which all seven (7) will be voting members.

(B) The seven Commissioners shall include a majority representation of low-income families.

(C) No employee of the Housing Department may serve on the Housing Committee.

(D) All Housing Committee members must be members of the Tribe.

(E) A majority of the Housing Commissioners shall be composed of persons who are not Tribal Government officials and/or Tribal employees (other than Housing Department employees).

(F) No person will be barred from serving on the Committee because he or she is a tenant or homebuyer of a Tribal Housing Project.

SECTION 302. HOUSING COMMISSIONER QUALIFICATIONS

Prospective Commissioners must provide the following:

(A) Completion of an application documenting their enrollment and income to meet low-income criterion (see exhibit A).

(B) Applicants must successfully complete a background clearance and have no felonies.

(C) Applicants must demonstrate adequate education and/or technical skills to participate in decision-making and review processes.

SECTION 303. APPOINTMENT OF HOUSING COMMISSIONERS

The seven Commissioners shall either be elected by the general membership or appointed by the Tribal Chairperson as approved by the Tribal Council.

SECTION 304. TERM OF HOUSING COMMISSIONERS

(A) The Housing Commissioners shall have staggered three-year terms.

(B) The first year of existence the seven members will have staggered terms up to three years. The two Commissioners with the highest number of votes will serve for a term of three years. The Commissioners with the third and fourth highest votes will serve for two years. The three Commissioners with the lowest number of votes will serve a term of one year.

(C) Subsequent terms will be filled as follows:

(1) A vacant position at the end of a term will be filled by a three year appointment or election.

(2) An elected official who is not reinstated to a second term or voluntarily leaves office will also be requested to vacate the Commissioner position unless the council waives this requirement. The replacement to the Commissioner position will complete the balance of the original three year term.

(3) Any other vacancy to the Housing Committee will be filled by a person qualifying in the vacancy category and will complete the balance of the vacated position term.

SECTION 305. DUTIES AND RESPONSIBILITIES OF THE Housing Department

The Tribal Council establishes a Housing Committee.

(A) Duties: In addition to the other duties described in this ordinance, the Housing Committee will have the following responsibilities:

(1) Develop proposed Indian Housing Plans and other NAHASDA or HUD required documentation for Tribal Council approval.

(2) Advise the Tribal Council regarding the Tribe's housing needs and/or policies necessary to meet identified housing-related needs.

(3) Develop and submit recommended housing-related ordinances and policies to the Tribal Council in consultation with the Housing Director.

(4) Prepare monthly activity reports to the Tribal Council, containing information requested by the Tribal Council in any specified form.

(5) Other duties assigned by the Tribal Council related to the Housing Program.

(6) Enforce the provisions of Housing-related Ordinances and Policies adopted by the Tribal Council.

(7) Coordinate Community acceptance of designs, Land Use Plans, Housing Developments, etc.

(8) Develop and recommend architectural designs for housing and other assigned projects to the Tribal Council for final approval.

(9) Provide Counseling services to applicant families.

(10) Review, rate and rank applicants for proposed low-to-moderate housing.

(11) Complete and monitor housing Maintenance and Ownership Agreements with recipient families.

(12) Complete and submit all reports including narrative and financial to funding agency approved by Committee Chairperson.

(13) Maintain complete documented applicant and recipient housing files.

(14) Maintain adequate financial documentation for audit purposes.

(B) The Committee will have the power necessary to carry out these duties. However, the Committee must obtain the express consent through Tribal resolution by the Tribal Council before:

(1) Entering into contracts (except lease, sublease or homebuyer agreements);

(2) Employing independent legal counsel;

(3) Pledging the credit of the Tribe;

(4) Borrowing or lend money; or

(5) Speaking publicly on behalf of the Tribe.

SECTION 306. FINANCIAL ACCOUNTABILITY

(A) Each project developed under a contract providing for federal financial assistance shall be developed and operated in compliance with all requirements of such contract and applicable federal legislation, and with all regulations and requirements prescribed from time to time by the federal government in connection with such assistance.

(B) The Housing Committee must document all financial transactions including but not limited to requests, donations, purchases and travel vouchers. The Committee Treasurer shall be primarily responsible for this financial accountability.

(C) All monetary donations to the Committee must be delivered to the Tribal Accounting Department for deposit in the appropriate Tribal Account.

SECTION 307. COMPENSATION

The Tribe will reimburse Committee members for expenses incurred for official Committee meetings and other expenses incurred in the discharge of their duties, including reasonable travel expenses, subject to the availability of funds and the requirements of any applicable grants or contracts. All compensation must have prior approval from the Committee Chairperson.

SECTION 308. HOUSING COMMITTEE OFFICERS

(A) The Commissioners shall elect among its members a Chairperson of the Board, Vice-Chairperson, Secretary, and a Treasurer the first meeting in the month proceeding the Tribe's annual election.

(B) The Officer positions of the Housing Committee will be for a one-year term. An annual election of the Committee officers will be conducted by the Housing Commissioners once the new members have been seated.

SECTION 309. MEETINGS

Meetings of the Board shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon 24 hours actual notice and business transacted, provided that not less than a majority of the full Board concurs in the proposed action.

SECTION 310. QUORUM

A majority of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board action shall be taken by a vote of less than a majority of such full Board.

SECTION 311. DUTIES OF THE HOUSING COMMITTEE CHAIRPERSON

The Chairperson must:

(A) Issue notice of Committee meetings.

(B) Preside at Committee meetings.

(C) Provide reports to the Tribal Council.

(D) Serve as or designate the official representative and spokesperson of the Committee

(E) Perform such other duties that the Tribal Council might require.

SECTION 312. DUTIES OF THE HOUSING COMMITTEE VICE-CHAIRPERSON

In the absence of the Chairperson, the Vice-Chairperson shall preside; and in the absence of both the Chairperson and the Vice-Chairperson, the Secretary shall preside.

SECTION 313. DUTIES OF THE HOUSING COMMITTEE SECRETARY

The Secretary shall keep complete and accurate records of all meetings and actions taken by the Board.

SECTION 314. DUTIES OF THE HOUSING COMMITTEE TREASURER

(A) The Treasurer shall keep full accurate financial records, make periodic reports to the Council as required and give an annual report to the general membership on the status of the housing activities.

(B) The annual report shall be signed by the chairman of the Board, to the Tribal Membership showing:

(1) A summary of the year's activities;

(2) The financial condition of the Housing Department;

(3) The condition of the properties;

(4) The number of units and vacancies;

(5) Any significant problems and accomplishments;

(6) Plans for the future;

(7) Such other information as the Committee or the Council shall deem pertinent.

SECTION 315. REMOVAL OF BOARD COMMISSIONER

(A) A member of the Board may be removed by the Tribal Council on its own motion or on receipt of a recommendation from the Committee for serious inefficiency or neglect of duty or for misconduct in office, but only after a hearing before the Tribal Council and only after the member has been given a written notice of the specific charges against him at least 10 days prior to the hearing.

(B) The recommendation for removal of a Committee member will be presented to the Tribal Council after the Committee has:

(1) Given notice to the Committee member whose removal is under consideration.

(2) Given the Committee member an opportunity to discuss with the Committee the cause for the recommendation for the removal, and

(3) Voted to recommend removal.

(C) At any such hearings, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon.

SECTION 316. VACANCIES

(A) Any vacancy will be filled by the Pit River Tribal Chairperson subject to approval by the Tribal Council.

(B) Vacancies occur when a Housing Committee member resigns for any reason, is removed, or has more than three (3) consecutive unexcused absences in any given year.

(C) At the end of each Housing Committee member's term or upon resignation or removal of a Committee member or upon other vacancy by a Committee member, the Committee member must deliver all papers, records, books and other items in the Committee member's possession that relate to the Committee to his or her successor or the Committee Chairperson.

SECTION 317. CONFLICTS OF INTEREST

(A) No person shall be barred from serving on the Board because he is a tenant or home buyer in a housing project of the Committee; and such commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants or home buyers, even though such matters affect him as well. However, no such commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a tenant or home buyer).

(B) No Housing Committee member may vote on any action being taken by the Committee that directly involves a member of his or her immediate family, or any other conflict of interest as defined in the Tribal Government Code of Conduct. A Committee member may participate in the discussion and count toward the quorum requirements regarding action taken by the Committee that involves a member of his or her immediate family. For the purposes of this provision, "immediate family" is defined in the Tribal Government Code of Conduct.

ARTICLE IV. APPEAL PROCESS

SECTION 401. APPEALS MADE TO THE HOUSING COMMITTEE

The Housing Commissioners will accept Appeals from Tribal members with regard to ICDBG and NAHASDA activities. Appeals will be processed as follows:

(A) The Commissioners will respond in writing to an Appeal within 20 days of receipt.

(B) The Appeal response shall site the Policies and Procedures which were followed and indicate how the decisions were rendered.

(C) The Decision will indicate the points received by the applicant and their overall ranking.

(D) The Appeal notice will notify the applicant of their right to appeal the Housing Committee's decision to the Tribal Council.

SECTION 402. TRIBAL COUNCIL REVIEW OF HOUSING DEPARTMENT DECISIONS

The Tribal Council will not consider disputes that have not first exhausted this review procedure.

(B) If a Housing Department action/decision personally and substantially affects an individual (other than a Committee Member removed from the Committee), he or she may request review of the action or decision as provided in this section.

(C) Measurement of time: if the deadline for service or filing of any document expires on a Saturday, Sunday or holiday recognized by the Tribal government, that deadline will extend to the next regular working day.

(D) Request for Review must be filed with the Housing Committee Chairperson within ten (10) working days of the disputed action or decision. A copy of the Request for Review must be delivered to the Housing Director at the same time such a Request is filed with the Committee.

(E) The Request for Review must be signed and dated by the Petitioner and must include, at a minimum:

(4) A description of the disputed action or decision

(5) The Petitioner's mailing address and telephone number

(6) A description of the relief the Petitioner wants

(E) After receipt of a copy of the Request for Review, the Housing Director will have twenty (20) days to prepare and submit the proposed record to the Housing Committee. The Housing Director will mail a certification to the Petitioner and the Committee declaring submission of the proposed record.

(F) The Housing Director and the Petitioner will have ten (10) days from the Housing Director's certification to submit proposed amendments to the record.

(G) Once the record is settled, the Housing Committee will set a hearing date.

(H) The Housing Director will represent the Housing Department at the hearing.

(I) At the hearing, each party may call witnesses and present evidence.

(J) The Housing Committee may impose reasonable time restrictions on each party's presentation.

(K) The order of presentation will be as follows:

(1) Housing Director

(2) Petitioner

(3) Housing Director rebuttal.

(L) Either party may request that the hearing be closed to the public.

(M) The Housing Committee will conduct the hearing on the record.

(N) After completing this review procedure, an aggrieved petitioner may appeal the Housing Committee's decision to the Tribal Council, subject to the same procedures of this section. Appeals must be served on the Tribal Council Chairperson or Acting Chairperson and the Tribal Administrator within twenty (20) days of the Housing Committee's decision.

ARTICLE V. MISCELLANEOUS

SECTION 501. SOVEREIGN IMMUNITY

The Housing Department will not have the authority to waive the sovereign immunity of the Tribe. Nothing in this Ordinance waives the sovereign immunity of the Tribe.

SECTION 502. SEVERABILITY

The provisions of this Housing Committee Policies and Procedures Ordinance are severable. If any provision of the Housing Committee Policies and Procedures Ordinance or their application to any person or proceeding is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the Ordinance.

Resolution No.: 03-10-09

DATE:	October 30, 2003
SUBJECT:	ADOPT HOUSING COMMITTEE POLICY AND PROCEDURES ORDINANCE
WHEREAS:	The Pit River Tribe is a federally recognized tribe composed of eleven autonomous bands located in Northeastern California since time immemorial; and
WHEREAS:	The Pit River Tribe is governed by the Pit River Tribal Council, the body duly elected under the constitution of the Pit River Tribe, adopted August 16, 1987, and approved by the assistant Secretary of Interior for Indian Affairs, December 3, 1987; and
WHEREAS:	The Pit River Tribal Council is empowered by Articles VII of the constitution to enact all ordinances and resolutions which shall be necessary and proper for carrying into effect the Council's powers and responsibility, contract with federal, state and tribal governments, private enterprise, individuals and organizations; and
WHEREAS:	The Tribe recognizes that it is most appropriate for the Tribe's housing program to be conducted by a Tribal department. This ordinance establishes such a department and clarifies that department's powers and responsibilities. The department shall be known as the Housing Department; and
WHEREAS:	The Tribal Council recognizes the importance of establishing a sound and proper Housing Committee Policies and Procedures Ordinance to set forth standards by which the Housing Department will conduct business in accordance with core values and ethical standards in order to protect and promote Tribal integrity and to enhance the ability of the Tribe to achieve its objectives in a manner consistent with all applicable laws and regulations; and

NOW THEREFORE BE IT RESOLVED, that the Housing Committee Policies and Procedures Ordinance is hereby adopted.

ADOPT HOUSING COMMITTEE POLICIES AND PROCEDURES ORDINANCE
Date: October 30, 2003
Resolution No.: 03-10-09

CERTIFICATION

I, the undersigned Tribal Chairperson, Jessica Jim, of the Pit River Tribe, do hereby certify the Pit River Tribal Council is composed of eleven autonomous bands of which were present, constituting a quorum at a specially called, noticed, convened and held meeting this 30th day of October , 2003, and the resolution was adopted by a vote of for, against, and abstaining, and that said resolution has not been rescinded in any way.

Jessica Jim, Vice Chairperson	Date:
Attest: Tribal Secretary, June Avelar	Date:
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