Siletz Tribal Code §10.01
ARTICLE I - GENERAL
10.01
Purpose
This Charter
established the Siletz Community Health Clinic ("SCHC") as a not-for-profit
arm of the Confederated Tribes of Siletz Indians of Oregon (hereinafter
"Siletz Tribe"), to provide health-related services in a clinic setting
to members of the Siletz Tribe, to other Indians who are eligible for
health services from the Indian Health Service, and to members of Siletz
and surrounding communities.
The SCHC
is being set up as a separate arm of the Siletz Tribe because it is
intended to serve a wider range of patients than is served by the Siletz
Health Department, which is limited to serving Siletz Tribal members
and their dependents. The relation of the SCHC to the Siletz Tribe is
set out in the organization chart which is attached as Appendix A to
this Charter. The primary objective of the SCHC, however, is to provide
for the health care needs of Siletz Tribal members. The SCHC is an integral
part of the overall health care delivery policy of the Siletz Tribe.
It is intended that revenue generated by the SCHC shall be utilized
for the essential governmental purpose of meeting the unmet health care
needs of Siletz Tribal members.
10.02 Jurisdiction and Applicable Law
The SCHC
and this Charter are created pursuant to the inherent sovereign authority
of the Siletz Tribe over the Tribe's internal affairs, as expressed
through tribal law and regulations. The SCHC through this Charter is
created as an integral branch of Siletz tribal government to serve the
health care needs of Siletz tribal members and such other persons as
the Siletz Tribal Council authorizes, or as required by applicable Federal
Law.
The laws
of the Siletz Tribe and this Charter shall control the resolution of
all matters arising out of the operation of the SCHC, unless otherwise
controlled by Federal Law.
To the
extent not covered by Tribal or Federal Law, matters arising out of
the operation of the SCHC may be governed by the laws of the State of
Oregon as permitted under Public Law 280, codified as 28 USC §
1360. Nothing in this section or Charter shall be construed as consent
to the payment of any fees, taxes of levies not otherwise payable, or
as consent to the imposition of any State or Federal regulations not
otherwise applicable, or as consent to the waiver of the sovereign immunity
of the Siletz Tribe or the SCHC except as specifically set forth herein.
ARTICLE
II - FORMATION
10.03
Name
The official
name of the health clinic established by this Charter shall be the "Siletz
Community Health Clinic," and is referred to in this Charter as the
"SCHC."
10.04 Location
The SCHC
is located in the community of Siletz, Oregon, on land owned by the
Siletz Tribe or by another Tribal entity.
10.05 Definitions
Unless
otherwise indicated, the following terms shall have the meanings indicated:
(a)
"Tribe" means the Confederated Tribes of Siletz Indians of Oregon
("CTSI").
(b)
"Council" means the CTSI Tribal Council.
(c)
"Board" means the Health Board created by this Charter to govern the
operations of the SCHC.
(d)
"Reservation" means the Siletz Indian reservation, provided that
for purposes of health services to individual Siletz tribal members,
reservation refers to the eleven-county service area of the Tribe.
(e)
"Service Area" means the eleven Oregon counties in which Siletz tribal
members are entitled to federal benefits and services regardless of
whether they are within the boundaries of an Indian reservation. These
counties are: Multnomah, Washington, Clackamas, Benton, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and Yamhill.
(f)
"Administrative Officer" means the person responsible for administrative
operations of the SCHC.
(g)
"Clinical Director" means the physician or physicians responsible
for health care delivery at the SCHC.
(h)
"Contracting Entity" means an organization comprised of physicians
or a group of physicians with whom the Siletz Tribe or SCHC contracts
to provide physician services at the SCHC and to provide the position
of clinical Director of the SCHC.
ARTICLE
III - OBJECTIVES
10.06
General
The Objectives
of the SCHC include as follows:
(a)
To provide direct health care services to Siletz tribal members and
other IHS-eligible clients who present themselves at the SCHC for
treatment;
(b)
To provide gatekeeper referral services to Siletz tribal members being
served by IHS contract care;
(c)
To provide fee-based health care services to the people of the community
of Siletz and the surrounding area;
(d)
To generate revenue for the Tribe's Health Department for supplemental
health care services for Siletz Tribal members;
(e)
To house health-related programs and services of the Tribe as space
is available;
(f)
To provide other services as directed by the Health Board and approved
by the Siletz Tribe.
ARTICLE
IV - ESTABLISHMENT OF HEALTH BOARD
10.07
General
The SCHC
shall be operated and managed by a Health Board. Subject to any restrictions
contained in Federal or Tribal law, the Health Board shall have the
authority to do whatever is necessary, expedient or advisable to carry
out the objectives of the SCHC and the provisions of this Charter. The
SCHC may utilize its resources to negotiate and execute contracts, enter
into formal agreements with the Tribe, the Federal Government or other
entities and businesses, and exercise such other authority not inconsistent
with this Charter or applicable law necessary to conduct the affairs
of the SCHC.
10.08 Health Board
(a)
Members. There is established a Health Board composed of seven
(7) members to operate and manage the SCHC. Members of the Health
Board shall be appointed by the Chairman of the Siletz Tribal Council,
subject to the approval of the Tribal Council, for a term of three
(3) years. The Health Board shall consist of the following seven positions:
(1)
the General Manager of the Siletz Tribe;
(2)
a representative of the Tribal Council of the Siletz Tribe;
(3)
a representative of the Siletz Health Committee;
(4)
a community member who is served by the SCHC and is a member of
the Siletz Tribe;
(5)
a health care administrator;
(6)
a physician;
(7)
a person with experience in financial affairs, such as a banker
or CPA.
The
Director of the Health Department of the Siletz Tribe shall be an
ex officio member of the Health Board, without a vote. Positions
2 through 4 shall be restricted to enrolled members of the Siletz
Tribe. No member of the Health Board shall be an employee of the SCHC
or the Tribal Health Department.
(b)
Appointment. When the Health Board is first appointed, two (2)
members shall be appointed for a term of one (1) year, two (2) members
shall be appointed for a term of two (2) years, and three (3) members
shall be appointed for a term of three (3) years, except that the
General Manager shall be a permanent member of the Health Board, and
the Tribal Council representative's position shall be for the period
of his or her term.
Appointments
to fill a vacancy caused by other than expiration of a member's regular
term shall be only for the unexpired part of the term.
Health
Board members shall be eligible for reappointment. Any person interested
in being a Health Board member shall submit a written application
to the Health Board or the Tribal Council.
(c)
Election of Officers. The Health Board shall each year elect a
chairperson, a vice-chairperson and a secretary from its membership.
(d)
Number of Health Board Members. The number of Health Board members
may be increased or decreased from time to time by amendment to this
Charter. No decrease in the number of Health Board members shall shorten
the term of office of any incumbent Health Board member.
(e)
Resignation. With the exception of the General Manager, who may
resign his or her position as Health Board member only by resigning
as General Manager of the Siletz Tribe, a Health Board member may
resign at any time, either by oral tender of resignation at any meeting
of the Health Board, or by giving written notice of resignation to
the Health Board Chairperson or to the Chairman of the Tribal Council.
Resignation shall be effective at the time specified and, unless otherwise
indicated, acceptance by the Health Board or the Tribal council shall
not be necessary to make it effective.
(f)
Removal. The Health Board may, by an affirmative vote of five
(5) of the seven (7) Board members, suspend or expel any member of
the Health Board for cause after proper notice and hearing at any
regularly constituted meeting of the Health Board, except for the
General Manager. The General Manager may be removed from the Health
Board only if terminated from his or her position as General Manager
of the Siletz Tribe by the Tribal Council. Failure of a Health Board
member to attend three (3) consecutive, regularly scheduled meetings
of the Health Board without notice to the Board and approval by the
Board chairperson, shall constitute cause for removal. No member expelled
from the Health Board shall have a right of appeal to any forum regarding
such removal.
(g)
Vacancy. Any vacancy occurring in the Health Board, and any increase
in membership of Board seats shall be filled by the Tribal Council,
with recommendations made by the Board. A Health Board member appointed
to fill a vacancy shall serve the unexpired term of his or her predecessor.
Vacancies shall be filled within sixty (60) days. An increase in Board
membership shall provide that a majority of Board members shall be
Siletz Tribal members.
(h)
Conflicts. No member of the Siletz Tribal Council or the SCHC
Health Board shall be employed by the SCHC in any capacity, nor shall
they enter into any contract or agreement to provide goods or services
to the SCHC or have an interest in any business enterprise or profitmaking
enterprise which enters into such contract or agreement. This section
may be waived by resolution of the Siletz Tribal Council authorizing
a specific person to serve on the Health Board. Any member of the
Health Board who has a financial interest, either direct or indirect,
in any decision, vote, or other action taken by the Board shall recuse
him or herself from the Board's discussion of such action; and shall
not vote or participate in any decision on such action.
ARTICLE V - AUTHORITY AND OPERATIONS
10.08
Operations of the Health Board.
(a)
Management Responsibility. The of fairs of the SCHC shall be managed
by the Health Board through the establishment of policies and guidelines.
The health Board shall answer directly to the Siletz Tribal Council.
(b)
Powers and Duties.
(1)
The Board shall establish or modify job descriptions for the positions
of Clinical Director and Administrative Officer of the SCHC, and
shall recruit and submit recommendations to the Chairman of the
Tribe of those candidates it deems qualified when a vacancy occurs
in these positions.
(2)
The Board shall approve the establishment of assistant clinical
director or administrative officer positions by either the Clinical
Director or the Administrative officer positions by either the Clinical
Director or the Administrative Officer.
(3)
The Board shall have the power to enact administrative rules and
regulations pursuant to ordinances and resolutions of the Siletz
Tribe.
(4)
The Board shall review and approve all contracts authorized under
P.L. 93-638 related to operation of the SCHC, prior to their submission
to the Siletz Tribal Council, and shall oversee the administration
of such contracts.
(5)
The Board shall administer any contract between the Tribe and an
outside entity to provide physician services and the position of
Clinical Director to the SCHC. The Board shall have authority to
modify, reauthorize and renegotiate any such contract, or a new
contract, with review and approval by the Siletz Tribal council
required for final approval. The Board shall have authority to remove
or terminate the services of the Clinical Director pursuant to the
terms of any such contract and this Charter. The Board shall have
authority to initiate termination of any such contract for cause,
with the final decision on termination to be approved by the Siletz
Tribal Council.
(6)
The Board shall review and approve all procurements and subcontracts
in excess of $10,000.
(7)
The Board shall develop and make health policy recommendations concerning
the SCHC. The Siletz Health Department Director is responsible for
developing and implementing health policy for the Siletz Tribe and
its members, and any recommendations developed by the Health Board
relating to the SCHC shall be reviewed and approved by the Health
Director, and incorporated into the Health Department's overall
policy recommendations.
(8)
The Board shall review and approve administrative systems for the
SCHC.
(9)
The Board shall review and approve any changes or modifications
to the organizational structure of the SCHC, and shall make and
recommend changes in the operations of the SCHC.
(c)
Meetings.
(1)
Regular Meetings. Regular meetings of the Health Board shall
be held at such times and as often as necessary; provided that
the Board shall meet on at least a quarterly basis. Notice of regular
meetings of the Board shall be received by Board members at least
forty-eight (48) hours in advance of the meeting date, shall be
made orally or in writing, and shall state the time, date, place
and agenda of the meeting.
Any
Health Board member actually present at a regular meeting shall
be deemed to have waived any defects in satisfying the notice requirements
of this section, unless the presence of such Health Board member
is only for the purpose of objecting to the transaction of any business
because the regular meeting has not been properly raised or convened.
Any
Health Board member actually present at a regular meeting shall
be deemed to have waived any defects in satisfying the notice requirements
of this section, unless the presence of such Health Board member
is only for the purpose of objecting to the transaction of any business
because the regular meeting has not been properly raised or convened.
The
Health Board may discuss, but not decide, any item raised at a regular
meeting for which proper notice has not been given to Board members.
This provision may be waived only upon unanimous consent of all
seven (7) Health Board members at any regular meeting of the Board.
(2)
Special meetings. Special meetings of the Health Board may be
called by, or at the request of, the Chairperson of the Board or
any two (2) Board members, and shall be held at the SCHC or at such
other location as the Board may decide.
Notice
of any special meeting of the Board shall be given at least forty-eight
(48) hours previous to the proposed special meeting time by written
notice delivered personally or sent by mail or facsimile to each
Health Board member at his or her address of record. A Health Board
member may waive notice of any such meeting.
Attendance
at a special meeting of the Health Board shall constitute waiver
of notice for such meeting; except if a Health Board member attends
such meeting only for the purpose of objecting to the transaction
of any business on the grounds that the meeting was not properly
called or convened.
Only
agenda items specified in the special meeting notice may be decided
at a special, meeting of the Health Board. Other items may be discussed
but not decided unless all Board members are present and waive the
notice requirement.
(3)
Quorum. A quorum for the transaction of business at any meeting
of the Health Board shall be a majority of the Health Board members
established by this Charter. In the absence of any Health Board
officer, a quorum may select another Health Board member to preside
over a regular or special meeting of the Board my majority, vote
of the members present.
(4)
Health Board Decisions. The act(s) of a majority of the Health
Board members present at any meeting at which a quorum is present
shall be the act(s) of the Health Board unless a greater number
is required by this Charter or applicable laws or regulations. Each
member of the Health Board, including the Chairperson, shall be
entitled to one (1) vote.
(5)
Compensation. Health Board members shall not receive compensation
for services from the SCHC, but shall be paid per diem and reimbursed
for other expenses while engaged in activities on behalf of the
SCHC, as may be so described or directed by vote of the Board or
by the Chairperson of the CTSI Tribal Council. Per diem rates shall
be the rates established by the Siletz Tribe, and expense reimbursement
shall be according to Tribal policies. Members of the Health Board
who are tribal employees shall not receive per diem or expenses,
except as provided by tribal policies. Expenses of the Health Board
shall be expenses of the SCHC.
(6)
Accountability. The Health Board shall be responsible to the
members of the Confederated Tribes of Siletz Indians of Oregon.
The Health Board shall provide such reports of its activities as
are required by the Tribal Council.
(d)
Officers.
(1)
Officers. The officers shall consist of a Chairperson, a Vice-Chairperson,
and a Secretary/Treasurer, each of whom shall be elected by the
Health Board. The Board may elect other officers and assistant officers
as may be deemed necessary. Any two (2) or more offices may be held
by the same person, except those of Chairperson and Secretary/Treasurer.
(2)
Election and Terns of Office. The officers of the Health Board
shall be elected annually by the Board. Each officer shall hold
office until his or her successor has been duly elected and has
accepted office, until his or her death, or until he or she shall,
resign or has been removed in a manner set forth herein.
(3)
Removal. Any officer elected or appointed by the Health Board
may be removed by the Board when ever, in its judgment, the best
interest of SCHC would thereby be served. No officer removed under
this provision shall have the right to appeal to any forum.
(4)
Vacancies. A vacancy in any office because of death, resignation,
removal, disqualification or otherwise, may be filled by the Health
Board for the unexpired portion of the term.
(5)
Chairperson of the Health Board. If present, the Chairperson
shall preside at the meetings of the Health Board. He or she shall
sign, with the Secretary or any other officer authorized by the
Board, any contract or other instrument which the Health Board has
authorized to be executed. The Chairperson shall perform such other
duties as from time to time may be prescribed by the Board.
(6) Vice-Chairperson. In the absence of the Chairperson or in
the event or his or her death, inability, or refusal to act, the
Vice-Chairperson shall perform the duties of the Chairperson of
the Board, and when so acting the Vice-Chairperson shall perform
such other duties as from time to time may be prescribed by the
Chairperson or the Board.
(7)
Secretary/Treasurer. The Secretary/Treasurer shall perform or
cause to be performed the following duties:
(A)
Keeping minutes in one or more books provided for that purpose;
(B)
Insuring all notices are duly given;
(C)
Maintaining SCHC records;
(D)
Attesting to authorized SCHC signatures;
(E)
Maintaining and accounting for all funds and securities;
(F)
Receiving and giving receipts for monies due and payable;
(G)
Depositing all such monies in the name of SCHC in such depositories
as may be selected;
(H)
and in general performing all duties as may be prescribed.
(8)
Compensation. Officers of the SCHC Health Board shall receive
per diem and expenses while employed in their official duties at
amounts set by the Board. Such expenses shall be expenses of the
SCHC. Tribal employees who are on the SCHC Health Board shall not
be compensated except as provided for in Tribal compensation policies.
The General Manager and Health Department Director shall serve on
the Health Board as part of their official job responsibilities.
ARTICLE VI - CLINIC MANAGEMENT
10.09
Role of the Health Department Director.
(a)
The Director of the Siletz Health Department shall be an ex officio
member of the SCHC Health Board for the purpose of advising the Board
on matters of Tribal health policy.
(b)
The Administrative Officer of the SCHC shall be a Tribal employee,
and the health Department Director is the Administrative Officer's
immediate supervisor in the Tribal personnel structure. The Health
Department Director shall be responsible for supervising the Administrative
Officer. The Health Department Director shall report to the Health
Board as requested on administrative operations of the SCHC.
(c)
The Health Department Director is a Tribal employee and is not subject
to direct control by or accountability to the Health Board. Any complaints
about the performance of the Health Department Director or with regard
to the SCHC shall be processed according to the Siletz Personnel Manual,
with the Siletz General Manager.
10.10 Administrative officer.
(a)
The Administrative Officer shall be a Siletz Tribal employee, and
shall be subject to the hiring, firing and personnel procedures of
the Siletz Personnel Manual. The Administrative Officer shall not
be subject to hiring, firing or disciplinary action by the Health
Board.
(b)
The Administrative Officer shall be responsible for the administrative
operation of the SCHC, and for supervision of non-medical Tribal employees
and contract employees at the SCHC. The Administrative officer shall
report directly to the Health Board on administrative operations of
the SCHC. The Administrative officer shall also report on the operations
of the SCHC to the Siletz Health Department Director.
(c)
Any complaints by the Health Board about the performance of the Administrative
Officer shall be processed according to the Siletz Personnel Policy.
The Health Board shall be responsible for operations of the SCHC,
and shall have authority to give the Administrative Officer direction
on SCHC operations issues.
10.11 Clinical Director.
(a)
The Clinical Director shall be a Board-certified or Board-eligible
physician(s), and shall work under contract to the SCHC. The clinical
Director shall be subject to supervision of the Health Board, and
the Health Board shall have hiring and firing authority over the position
of Clinical Director.
(b)
The initial Clinical Director(s) shall be appointed by the Siletz
Tribal Council. Thereafter, the Clinical Director shall be appointed
by majority vote of the Health Board. The Clinical Director shall
serve until termination, resignation, or until termination of any
contract with an entity contracting with, the Siletz Tribe to provide
Clinical Director services to the SCHC.
The
position of Clinical Director shall be provided by contract with an
entity comprised of or controlled by Board-Certified or Board eligible
physicians. The Clinical Director position is an independent contractor
and shall not be considered an employee of the Siletz Tribe. The Clinical
Director shall have none of the rights and responsibilities of Siletz
Tribal employees, and shall not be entitled to any of the benefits
of Siletz Tribal employees. The Clinical Director shall only have
those rights and benefits specifically agreed to in any contract between
the Siletz Tribe and any entity providing a Clinical Director to the
SCHC. The Health Board shall have authority to modify or change any
such contract upon negotiation and agreement with the contracting
entity, and to provide other benefits to the Clinical Director.
(c)
The Clinical Director may be removed for cause by a vote of five (5)
members of the Health Board, after proper notice and a hearing conducted
at a regularly scheduled meeting of the Health Board. Removal of the
Clinical Director may be subject to limitations contained within any
contract between the Siletz Tribe and any entity to provide a Clinical
Director to the SCHC. In the event of a conflict between specifications
of any such contract and this Charter, the contract shall control.
The
Clinical Director may resign upon oral or written notice to the Health
Board at a regularly scheduled meeting of the Health Board, or upon
written notice to the Health Board Chairperson. Such resignation shall
be effective as indicated, and approval of the Health Board or Board
Chairperson is not necessary to effectuate such resignation. Resignation
of the Clinical Director shall be effective only upon termination
of employment of the physician(s) serving as Clinical Director from
the entity providing Clinical Director services to the SCHC, except
as otherwise mutually agreed upon by the Health Board and such entity.
It shall
be the responsibility of the Health Board, in conjunction with any
entity contracting with the Siletz Tribe to provide Clinical Director
services to the SCHC, to recruit and fill any vacancy in the position
of SCHC Clinical Director. The term of employment of a replacement
Clinical Director shall be the remaining length of any contract between
the Siletz Tribe and such entity. Hiring of a replacement Clinical
Director shall be subject to the approval of the Health Board, which
shall not be unreasonably withheld.
(d)
The Clinical Director shall report directly to the Health Board on
health care delivery matters. The Clinical Director shall be responsible
for supervising medical employees of the SCHC on health care delivery
issues. The Clinical Director shall report to the Siletz Health Department
Director on health care delivery issues involving the SCHC, but shall
not be subject to supervision by the Health Department Director. In
the event of a conflict between the Administrative officer and the
Clinical Director with regard to supervision of an SCHC employee,
such conflict shall be resolved by the Health Board.
(e)
Personnel issues involving SCHC employees shall be the responsibility
of the Administrative Officer. The Clinical Director shall refer personnel
issues involving SCHC employees to the Administrative Officer for
resolution.
10.12 Budgets; Contracts; Records; Miscellaneous.
(a)
Contracts. The Health Board may authorize the Administrative Officer
to enter into contracts in the name of the SCHC or to execute and
deliver any instrument in the name of the SCHC to accomplish the goals
set out in this Charter.
(b)
Budgets. The Administrative Officer of the SCHC shall prepare
an annual budget covering anticipated operations of the SCHC in conjunction
with the Clinical Director and the Siletz Health Department Director.
The budget shall be approved and adopted by the Health Board. The
initial budget of the SCHC shall cover the period remaining in the
calendar year.
(c)
Bank Accounts. The SCHC shall maintain separate bank accounts
as designated by the Health Board.
(d)
Cheques, Drafts or Order. All cheques, drafts or orders for payment
of money, notes, or other evidence of indebtedness issued in the name
of the SCHC shall be signed by the SCHC Administrative officer and/or
duly authorized agent or officer of the Health Board in such manner
as may be determined from time to time by the Health Board.
(e)
Financial commitments. Financial commitments in excess of $10,000.00
shall not be effective until approved by resolution of the Health
Board. In no event shall any security agreement, contract or other
financial agreement obligate the Siletz Tribe to pay any financial
commitments of the SCHC.
(f)
Records and Accounts. Separate accounting records for the SCHC
shall be maintained in accordance with a system, and in a manner satisfactory
to the Health Board. A monthly trial balance shall, be prepared from
the general ledger and copies shall be furnished to the Health Board.
(g)
Audits and Reports. The accounts of the SCHC shall be audited
annually at the close of the fiscal year at the expense of the SCHC.
Annual reports will be submitted to the Tribal Council. The audit
will be performed by a Certified Public Accountant selected by the
Health Board, and conducted according to all applicable federal requirements.
(h)
Insurance. Insurance on property owned or used by the SCHC, or
on property in which the SCHC has any financial interest, shall be
in amounts and types of coverage specified by the Tribe.
(i)
Fiscal Year. The fiscal year of the SCHC shall be the calendar
year, unless otherwise directed by the Tribe.
(j)
Petty Cash Fund. A petty cash fund is authorized to be established
for the SCHC in the amount of $1,000.00. This amount may be increased
subject to approval of the Health Board. This fund may be used to
pay small expenses and obligations of the SCHC when it is not feasible
to pay by cheque drawn on the official depository of the SCHC in the
amount of submitted receipts, vouchers, or statements signed by the
payee or by proof of expenditure. Petty cash reimbursement vouchers
shall be certified by the Administrative Officer.
(k)
Indemnification. The Siletz Tribal Council shall indemnify and
hold harmless each of the members of the SCHC Health Board (whether
or not then a current member of the Board) and his or her executor,
administrator and heirs against any judgment or expenses actually
and reasonably incurred in connection with any action suit or proceeding
in which he or she is made a party by reason of being or having been
a Health Board member. A Health Board member shall have no right to
reimbursement or indemnification in relation to matters in which he
or she has been adjudged by such action, suit or proceeding to be
liable for willful misconduct or fraud in the performance of duties
as a Health Board member. The right to indemnification for liability
and expenses also shall apply to actions, suits or proceedings which
are compromised or settled if the court having jurisdiction of the
matter shall approve such settlement.
ARTICLE VII - DISTRIBUTION OF REVENUE
It is
anticipated that operational expenses of the SCHC shall be covered on
an annual basis through contract with the Indian Health Service. One
of the objectives of the SCHC is to provide fee-for-service health related
services to the non-Indian population of the community of Siletz and
the surrounding area who are not eligible for services under Indian
Health Service regulations. All revenues generated by the SCHC in excess
of operational costs and expenses shall be budgeted on an annual basis
pursuant to Budget Procedures Ordinance #87-07, and shall be designated
for use for unmet health care needs of Siletz Tribal members. The Health
Department Director shall submit a proposed budget to use such funds,
using projected revenues, on an annual basis pursuant to the timelines
established in the Budget Procedures Ordinance.
ARTICLE VIII - OWNERSHIP OF ASSETS
All assets
acquired by the SCHC shall belong to the SCHC as a governmental arm
of the Siletz Tribe, and ownership shall ultimately reside in the Siletz
Tribe. Title to assets shall be taken in the name of the Siletz Tribe.
In the event of dissolution, title to all assets of the SCHC shall revert
directly to the Tribe.
ARTICLE IX - SOVEREIGN IMMUNITY
The SCHC
shall have the power to sue and be sued in the Courts of the Siletz
Tribe regarding any obligations entered into or actions taken by those
authorized to conduct business on behalf of the SCHC. Nothing herein
shall be deemed authority or consent to levy any judgment or lien on
any property of the SCHC or the Siletz Tribe, real or otherwise, except
for property pledged specifically for such purposes. The SCHC waives
its sovereign immunity only to the specific extent of financial assets
of the SCHC, including insurance coverage, specifically pledged to cover
authorized obligations or actions taken on behalf of the SCHC.
Nothing
in this Charter shall be deemed a waiver of the sovereign immunity of
the Confederated Tribes of Siletz Indians of Oregon for any purpose
whatsoever.
ARTICLE X - AMENDMENTS
This Charter
may be recommended for amendment by a majority of the Health Board present
at any regular or special meeting, provided that at least ten
(10) days written notice is given of the intention to consider amendment
to the Charter. If passed, a recommendation for amendment shall be forwarded
to the Siletz Tribal Council for approval and adoption as set forth
below.
This Charter
may be amended by the Tribal Council only upon a vote of two-thirds
(2/3) of the entire council.
This Charter
became effective pursuant to Resolution No. ,
passed by the Siletz Tribal Council at a meeting held in ,
Oregon, on September 21, 1991.
Adopted
9/21/91
by Resolution No.
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