Resolution No. 054-93

TRIBAL COUNCIL

WHEREAS, the Grand Ronde Tribal Council, pursuant to Article III, Section I of the Tribal Constitution approved November 30, 1984 by the Acting Deputy Assistant Secretary of the Interior, Indian Affairs, is empowered to exercise all legislative and executive authority not specifically vested in the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon; and,

WHEREAS, the Tribal Council has set forth the structure and roles of Tribal government, providing for delegation of responsibilities and authorities to various work units of Tribal government; and

WHEREAS, the Council has the legislative responsibility and authority and other responsibilities and authorities not specifically delegated by law.

NOW THEREFORE BE IT RESOLVED, that the Tribal Council hereby adopts the Tribal Council Ordinance which will provide guidance to present and future Councils in carrying out their efforts and actions in accomplishing the role of Tribal government and provide for continuity in conducting Tribal business.

CERTIFICATION: The Tribal Council for the Confederated Tribes of the Grand Ronde Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum present as required by the Grand Ronde Constitution held on August 25, 1993, by a vote of 7 yes, 0 no, and 0 abstentions.

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Mark Mercier, Tribal Chairman

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Candy Robertson, Secretary

(a) AUTHORITY AND PURPOSE:

(1) The authority for this Ordinance is found in the Grand Ronde Constitution Article III Section 1.

(2) To set forth uniform policies and procedures to promote effective performance of the responsibilities of the Tribal Council, to facilitate orderly and productive meetings and efforts in conducting Tribal business, and establish clear expectations of Council members.

(b) BACKGROUND: The Council has set forth the structure and roles of Tribal Government, providing for delegations of responsibilities and authorities to various work units of Tribal government.

The Council has reserved to itself the legislative responsibility and authority, and other responsibilities and authorities not specifically delegated by law.

It is the intent of the Council that this Ordinance provides guidance to present and future Councils in carrying out their efforts and actions in accomplishing the role Tribal government and provide for continuity in conducting Tribal, business.

(c) APPLICABILITY: The provisions of this Ordinance shall apply to all Tribal Council members.

(d) OFFICERS OF THE TRIBAL COUNCIL: The officers of the Council are hereby assigned the following duties and responsibilities:

(1) Chairperson: The Chairperson is the chief spokesperson for the Tribe, represents the Tribe by name and title, cor responds with other governments and entities on behalf of the Tribe and carries out the following duties;

(A) Calls for and presides over regularly scheduled meetings of the Tribal Council, General Council and other meetings considered necessary to conduct Tribal business.

(B) Coordinates with other work units and communicates directions from the Council.

(C) Approves the agenda 24 hours in advance of Council meetings.

(D) Presents and explains the position of the Tribe on all matters of importance.

(E) Delegates tasks to members of the Council to assist in Council efforts.

(2) Vice-Chair: The Vice-Chair shall assist the Chairperson in the duties of the office and carry out the duties of the Chairperson in his/her absence.

(3) Secretary: The Secretary ensures the accurate recording of all Council meetings and decisions, certifies minutes, Resolutions, Ordinances and other actions of the Council, and carries out other responsibilities as directed by Tribal law.

(A) Reviews minutes of Council meetings, and ensures accuracy prior to presentation for approval; certifies approved minutes and ensures posting at Tribal Offices.

(B) Certifies content and accuracy of Resolutions and Ordinances.

(C) Reviews and advises the council on record keeping practices.

(4) Treasurer: The Treasurer ensures the financial integrity and safeguarding of Tribal assets as the principal member of the Council responsible to provide review and oversight of fiscal functions through the following;

(A) Is the principal signer of checks.

(B) Reviews all financial policies and procedures and assist in understanding by the Council and Tribal Members of them.

(C) Reviews all audit reports and advises the Council of any concerns or discrepancies.

(e) EXPECTATIONS OF TRIBAL COUNCIL MEMBERS: All Council members are expected to;

(1) Attend all meetings of the Tribal and General Council unless excused from such meetings.

(2) Provide input on all matters coming before the Council, stating beliefs and providing alternatives and recommendations in all decision making.

(3) Support all Council decisions.

(4) Carry out assignments on behalf of the Council in a timely manner.

(5) Serve on Tribal committees as designated by the Council.

(6) Act in a professional and ethical manner and provide a positive community role model.

(7) Promote cooperation and teamwork between the Council and all other work units and tribal members.

(8) Avoid interfering with other work units, directing employees or others except as authorized by the Council.

(9) Maintain impartial decision making attitude; keeping personal and family matters separate.

(10) Avoid personal involvement in employee matters.

(11) Upholds the Tribal Constitution.

(f) TRIBAL COUNCIL MEETINGS: Tribal Council meetings shall be conducted as follows:

(1) Meeting Procedures: The Constitution sets out certain procedural meeting requirements. The following additional, specific requirements are established as a supplement to those requirements, to provide for orderly meetings and informed decision making. These additional requirements shall be interpreted in a manner consistent with the Constitution:

(A) Quorum: Pursuant to Article III, Section 3 of the Constitution, a quorum requires the presence of five (5) Council members. The Council may conduct Tribal business only when a quorum is present to vote on a specific mat ter. In the absence of a quorum, the Chairperson (in the Chairperson's absence the Vice-Chair, and in the absence of both, the Secretary) shall announce the lack of a quo rum; the Council may discuss relevant issues and hear from members of the Tribal Community and the general public but shall take no action.

(B) Chairperson to Preside: During a Council meeting, the Chairperson (in the Chairperson's absence the Vice Chair, and in the absence of both, the Secretary) shall preside over meeting in the following manner:

1. Calls the meeting to order, at a place and time designated by the Council;

2. Keeps order during meetings, including providing for an orderly process of recognizing all speakers wishing to address the Council, including Council members;

3. Calls for and recognizes motions and seconds, and conducts voting on motions;

4. Calls for and conducts the vote to adjourn;

5. Summarizes discussions and debates prior to a vote;

6. Other duties as necessary to conduct orderly meetings and informed decision making.

(C) Addressing Council: Any person present at a Council meeting, including Council members, wishing to address the Council may do so, subject to the following provisions. Speakers shall be recognized in turn, in an orderly manner, provided Council members shall have priority over others present.

1. 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.

2. Persons speaking are not to be interrupted except for clarification.

3. When voicing a complaint, persons will speak in a civil manner. The Council will not tolerate personal attacks on anyone.

4. 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.

5. Concerns not being addressed on the agenda must wait for "Other Business".

6. People should be an example for the next generation or anyone who looks to us for guidance.

7. 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.

8. 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.

(D) Voting: A vote on a particular issue shall be binding when the following procedure is followed:

1. A quorum is present when the vote is cast;

2. A vote shall be taken when a Council member makes a motion and the motion is seconded, provided the Chairperson may not make motions or seconds, except the Chair may call for a motion and second in order to assist in conducting business;

3. After a motion and second, the Chairperson shall call for a vote, either by voice or raised hands. The results shall be recorded; number for, number against, and number abstaining. A Council member may have his or her specific vote on a matter included in minutes;

4. The Chairperson may not vote, except when necessary to break a tie;

5. A motion shall be considered approved and binding if there is a majority vote, except in matters where, as required by the Constitution, a larger than majority vote is required;

6. The matter voted on cannot be a matter outside the authority delegated to the Council under the Constitution.

(g) TRAVEL POLICY: Council members traveling on official business shall be subject to the following requirements and procedures, to adequately account for travel expenses and avoid actual or apparent impropriety in the use of Tribal funds.

(1) Air Travel: When required, the Tribe will pay for "coach" rates, unless "coach" rates are unavailable, or a Council member is physically handicapped, the council may then allow first class travel.

(2) Lodging: Council shall pay for lodging at the government rate, unless that rate is unavailable within a reasonable distance of the meeting being attended.

(3) Credit Card Policy: Credit cards will be issued to travelers designated as signers on Tribal accounts.

(A) Financial Responsibility: Individuals receiving credit cards will be required to sign for them, and assume direct responsibility for all expenses on the account while the card is under their responsibility. Any un authorized or disallowed expenses shall be the personal liability of the traveler and must be reimbursed within five (5) days of return. The individual is not responsible for any charges accrued on the card after it is returned.

(B) Allowable Expenses: Effective January 1, 1994, tribal credit cards may be used only for reasonable tribal travel expenses and for other reasonable expenses of tribal business. Individuals may request a travel advance for meals and other anticipated costs prior to traveling. Only in emergency situations may expenses other than those identified above be charged to the account.

(D) Limit: The credit limit on each card shall be two thousand ($2,000.00) dollars.

(E) Number of Cards Issued: Only one (1) card shall be issued to each Tribal Official.

(F) The sovereign immunity of Council Members alleged to have violated this section is waived to the extent of the liability set out by this section.

(4) Car Rentals: Travelers may rent automobiles when necessary, provided a minimum of three (3) persons actually use the automobile, except less than three (3) persons may rent an automobile if necessary and no other means of transportation is available. Travelers shall not rent luxury automobiles un less no non-luxury vehicles are available.

(h) SEVERABILITY: If any provision of this Ordinance is found to be invalid under applicable law, that provision shall be severed from this Ordinance and the remainder of the Ordinance shall remain in full force and effect.

(i) SOVEREIGN IMMUNITY: Nothing in this Ordinance shall be construed to have waived the sovereign immunity of the Tribe, any Tribal entity, department or program, or any Tribal official or employee, except as specifically and explicitly described herein.



I certify this to be a true copy of the Confederated Tribes of the Grand Ronde Community of Oregon Tribal Council Ordinance.






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Tribal Council Secretary