SKOKOMISH
COMMITTEE STANDARDS ORDINANCE
Adopted by
Resolution No. 09-025 (February 4, 2009)
TABLE OF
CONTENTS
GENERAL PROVISIONS
1.06.001 Title
1.06.002 Authority
1.06.003 Declaration of Purpose
1.06.004 Applicability of Ordinance
1.06.005 Definitions
1.06.006 Severability
1.06.007 No
Waiver of Sovereign Immunity
COMMITTEE PURPOSE
1.06.010 Policy
Committee Purpose
1.06.011 Regulatory
Committee Purpose
1.06.012 Regulatory
Commission Purpose
AUTHORIZED COMMITTEES
1.06.020 Policy
Committees Authorized by Tribal Council
1.06.021 Regulatory
Committees Authorized by Tribal Council
1.06.022 Regulatory
Commissions Required by Federal Law and Authorized by Tribal
Council
COMMITTEE STRUCTURE
1.06.030 Committee
Membership and Qualification
1.06.031 Solicitation
for Members
1.06.032 Appointment
Procedures
1.06.033 Terms
of Members
1.06.034 Vacancy,
Removal and Resignation
1.06.035 Meetings
and Voting
1.06.036 Compensation
and Reimbursement
1.06.037 Limitation
of Liability
1.06.038 Reporting
Requirements
1.06.039 Records
POLICY RECOMMENDATION TO
TRIBAL COUNCIL
1.06.040 Committee
Initiated Recommendation
1.06.041 Initiation
by Tribal Member
1.06.042 Recommendation
Process
1.06.043 Final
Decision by the Tribal Council
ANNUAL REGULATION ADOPTION
1.06.050 Limited Authority to Adopt Annual
Regulation
AD HOC COMMITTEES
1.06.060 Ad Hoc Committee Purpose
1.06.061 Authorized Ad Hoc Committees
1.06.062 Committee Structure and Recommendation
GENERAL PROVISIONS
1.06.001 Title
This Ordinance shall be known as
the Skokomish Committee Standards Ordinance.
1.06.002 Authority
This Skokomish Policy Committee
Standards Ordinance is enacted pursuant to the inherent sovereign
authority of the Skokomish Indian
Tribe in accordance with the Treaty of Point No Point, the Constitution of
the Skokomish Indian Tribe and
applicable federal law. Pursuant to
Article V of the Constitution, the
Skokomish Tribal Council has the
authority to enact laws and ordinances to license and regulate the conduct
of business activities, and to
impose taxes on all persons and property within the Tribe’s jurisdiction.
1.06.003 Declaration of Purpose
The Skokomish Tribal Council, as
the governing body of the Skokomish Indian Tribe, recognizes the need to
enhance and strengthen the
development of the Reservation, supporting community values and goals for
achieving complete
self-determination and self-governance as a separate sovereign Nation. As a guide to
interpretation and application, the
purpose of this Ordinance is as follows:
(a) Describe the authority delegated by the Skokomish Tribal
Council to its Policy Committees, Regulatory Committees and Regulatory
Commissions; and
(b) Describe the relationship between the Skokomish Tribal Council
and its duly authorized Committees and Commissions; and
(c) Describe the procedures and requirements which each Committee
must adhere to in order to achieve the goals of this Ordinance and the policies
of the Tribal Council.
1.06.004 Applicability
of Ordinance
(a) The
provisions of this Ordinance shall apply to all Committees authorized by the
Skokomish Tribal Council by
Resolution or Ordinance or Code, except the Skokomish Tribal Gaming Commission, which adheres to
the Skokomish Tribal Gaming Code, and contains its own procedural provisions as required
and approved by the Secretary of the Interior pursuant to the Indian Gaming Regulatory
Act of 1988 (IGRA).
(b) The
Parent Policy Committee is excluded from the application of this Ordinance as
the Parent Policy
Committee is governed by the Head Start Act, 45 C.F.R. 1304.50.
(c) The
Board of Directors of Skokomish Indian Tribal Enterprises and any other such
Board which
consists of the members of the Skokomish Tribal Council are excluded from
application of this Ordinance.
(d) The
Election Committee is excluded from the application of this Ordinance.
(e) The
Budget Committee is excluded from the application of this Ordinance.
1.06.005 Definitions
(a) Where a term is
not defined in this Ordinance, it shall be given its ordinary meaning.
(b) Terms used in this
Ordinance, and regulations adopted under it shall have the following meaning
given to them in this section, except where specifically defined or the context
clearly indicates otherwise:
(1) “Ad
Hoc Committee” means a committee established by resolution of the Tribal
Council to achieve a
particular purpose or goal, and without on-going authorization for
activity.
(2) “Enrolled Tribal Member” or “Tribal Member” means a person who is
an enrolled member of the Skokomish Indian Tribe.
(3) “Policy” means a directive of the
Skokomish Tribal Council consistent with the Skokomish Tribal Constitution, Skokomish
culture and other general principles by which the Tribal Council performs its
obligations to the Tribe.
(4) “Rule or Regulation” means a decision of the Committee which establishes or
revokes requirements or standards of an administrative matter under the
Committee’s jurisdiction.
1.06.006 Severability
In the
event that any provision in this Ordinance is held invalid or unenforceable, it
is the intent of the Skokomish Tribal Council that the remaining provisions of
this Ordinance shall continue in full force and effect.
1.06.007 No
Waiver of Sovereign Immunity
All inherent sovereign
rights of the Skokomish Indian Tribe as a federally recognized Indian tribe
with respect to the existence and activities of any Committee as authorized in
this Ordinance are hereby expressly reserved, including sovereign immunity from
suit in any tribal, federal or state court.
Nothing in this Ordinance nor any action of any Committee shall be
deemed or construed to be a waiver of sovereign immunity from suit of the
Tribe, or to be a consent of the Tribe to the jurisdiction of the United States
or of any state or of any other tribe with regard to the business or affairs of
any Committee or the Tribe, or to be a consent of the Tribe to any cause of
action, case, or controversy, or to the levy of any judgment, lien, or
attachment upon any property of the Tribe, or to be a consent to suit in
respect to any Indian land, or to be a consent to the alienation, attachment,
or encumbrance of any such land.
COMMITTEE PURPOSE
1.06.010 Policy
Committee Purpose
All Policy
Committees authorized by the Skokomish Tribal Council are advisory to the
Tribal Council. The purpose of a Policy
Committee is to oversee administrative implementation of the policies of the
Skokomish Tribal Council and adherence to applicable law consistent with the
subject matter of said Committee.
1.06.011 Regulatory
Committee Purpose
The purpose
of a Regulatory Committee is to oversee administrative implementation of the
policies of the Skokomish Tribal Council and adherence to applicable law
consistent with the subject matter of said Committee. Regulatory Committees have additional
authority as delegated by the Skokomish Tribal Council to make rules which
govern the conduct of community members to ensure efficient management of
natural and other resources held by the Tribe.
1.06.012 Regulatory
Commission Purpose
The purpose
of a Regulatory Committee is to oversee administrative implementation of the
policies of the Skokomish Tribal Council and adherence to applicable law
consistent with the subject matter of said Committee. Regulatory Committees have additional
enforcement authority as delegated by the Skokomish Tribal Council and federal
law to ensure operational and licensing compliance of matters under the
Commission jurisdiction.
AUTHORIZED COMMITTEES
1.06.020 Policy
Committees Authorized by the Tribal Council
The
following Policy Committees are authorized by the Tribal Council by Resolution:
(a) Culture
and Arts Committee (Authorized by Resolution No. 97-01);
(b) Economic
Development Advisory Committee (Ordinance adopted by Resolution No. 98-22);
(c) Education
Committee (Ordinance adopted by Resolution No. 96-65);
(d) Enrollment
Committee (Ordinance adopted by Resolution No. 82-48);
(e) Health
Committee (Ordinance adopted by Resolution No. 01-02);
(f) Housing
Committee (Ordinance adopted by Resolution No. 07-007);
(g) Law
& Order Committee (Ordinance adopted by Resolution No. 95-57);
Additional
Policy Committees may be authorized by the Tribal Council by Resolution.
1.06.021 Regulatory
Committees Authorized by the Tribal Council
The
following Regulatory Committees are authorized by the Tribal Council by
Resolution:
(a) Fireworks
Committee (Ordinance adopted by Resolution No. 97-27);
(b) Fish
Committee (Ordinance adopted by Resolution No. 97-15);
(c) Hunting
Committee (Ordinance adopted by Resolution No. [missing], August 4, 1986).
Additional
Policy Committees may be authorized by the Tribal Council by Resolution.
1.06.022 Regulatory
Commissions Authorized by the Tribal Council
The
Skokomish Tribal Gaming Agency is an authorized Regulatory Commission of the
Skokomish Tribal Council and required by the Indian Gaming Regulatory Act of
1988 (IGRA) and the Class III Gaming Compact between the Skokomish Indian Tribe
and the State of
COMMITTEE STRUCTURE
1.06.030 Committee Membership and
Qualification
(a) Each
Committee shall consist of five (5) members and shall each be enrolled Tribal
Members over the
age of 18. Each Committee shall be
staffed by the Director of the Administrative Department
to which the Committee advises the Tribal Council. The Enrollment Committee shall be staffed by the Tribal
Enrollment Officer.
(b) Each
Committee shall have a Committee Chair who is elected annually by the Committee members.
1.06.031 Solicitation for Members
A Committee
with less than five (5) members shall solicit for as many members needed to
fill vacancies. The Committee shall
direct Committee staff to cause a solicitation to be posted publicly for a period
of no less than thirty (30) days. The
notice of solicitation shall include the Committee name, a brief description of
the subject matter under the Committee’s jurisdiction, number of vacancies, a
due date for application and contact information for the Committee staff
person.
1.06.032 Appointment Procedures
(a) Upon the expiration of the solicitation
notice period, the Committee staff shall collect all applications and arrange
for each applicant to be interviewed by the Committee at the next regularly
scheduled Committee meeting.
(b) The Committee shall make a written
recommendation to the Tribal Council for appointment of a new Committee member
based upon applicant interviews for the number of vacancies available.
(c) The Tribal Council may make an
appointment to the Committee based upon the recommendation of the
Committee. The Tribal Council shall
appoint Committee members by resolution.
1.06.033 Terms of Members
Committee
members shall serve terms of staggered three-year periods. In the event that two or more members are
appointed to a Committee, the members shall be appointed in a manner consistent
with three-year staggering. No Committee
member may serve more than three consecutive terms.
1.06.034 Vacancy, Removal and Resignation
(a) Vacancy. The Tribal Council may, on its own or at the
request of the Committee, declare a position to be vacant if a Committee member
is unwilling or unable to fulfill their duties, provided:
(1) The Tribal Council
appoints an Enrolled Tribal Member to fill the vacant position to serve the
remainder of the unexpired term; and
(2) Appointments to
fill vacancies shall be made pursuant to appointment procedures in Section
2.01.016 above; and
(2) Notice of any
proposed removal pursuant to sub-section (b) below must be in writing, state
the reason for the proposed removal and be delivered to the member at least 14
days prior to the review by Tribal Council.
(b) Removal. The Committee may submit to the Tribal
Council a written “Notice of Proposed Removal and Declaration of Vacancy” for
review pursuant to sub-section (a) above requesting that a member be removed
for the following reasons:
(1) For failure to
attend two consecutive meetings without prior notice to the Committee stating
the reason for their absence; or
(2) For good cause
stated, including, but not limited to:
(A) A violation of the Committee-relevant Ordinance
or the regulations adopted under the Committee; and/or
(B) A failure to pay any fines imposed
pursuant to the same.
The Committee member who is being
removed will be given an opportunity for a hearing by the Tribal Council in his or her defense to show
why he or she should not be removed.
(c) Resignation. A member of a Committee may resign the
position. Such resignation must be in
writing and submitted to the Chair of the Committee and to the Tribal Council.
1.06.035 Meetings
and Voting
(a) Meetings.
(1) Committees shall
schedule regular meetings at least quarterly.
Additional meetings may be scheduled as needed.
(2) All meetings shall
be called by the Chairperson, or by a majority of the members of the Committee,
upon two days written notice to each member, stating the place, day and hour of
the meeting and any purpose(s) for which the meeting was called.
(3) For the purpose of
conducting business, a quorum (majority of members) shall be required for any
meeting.
(b) Voting. Voting shall be by consensus. If consensus cannot be reached, then a
majority vote will prevail. The
Committee Chair shall not vote unless a vote results in a tie.
1.06.036 Compensation
and Reimbursement
(a)
Compensation. Committee
members may receive compensation for service on a Committee at the discretion of the Tribal Council. The Tribal Council shall authorize such
compensation by resolution.
(b) Reimbursement. Committee members shall receive reimbursements
consistent with Tribal accounting
policies. Committee members may be
required to attend training off the reservation. If such
training is required, the training will be paid for by the Tribe and the
remaining expenses (food, lodging,
gas, etc.) shall be addressed consistent with Tribal accounting policies.
1.06.037 Limitation
of Liability
No individual Committee member
shall be held liable for any action taken by a duly authorized Committee of the
Skokomish Indian Tribe. All Committees
shall be considered an agency of the Skokomish Indian Tribe.
1.06.038 Reporting
Requirements
Each Committee shall provide
quarterly written report to the Tribal Council of all recommendations, actions
and decisions. All Committee meeting
minutes shall be forwarded to the Tribal Council.
1.06.039 Records
Each Committee’s staff shall
compile the complete records of all Committee action including but not limited
to meeting minutes, records of recommendations, and actions.
POLICY RECOMMENDATION TO TRIBAL COUNCIL
1.06.040 Committee
Initiated Recommendation
A Committee may make recommendations
to the Tribal Council on matters under the Committee’s jurisdiction including
policy, Tribal law and regulation and administrative processes.
1.06.041 Initiation
by Tribal Member
A Tribal Member may make
recommendations to a Committee for consideration of the Committee and possible
recommendation to the Tribal Council. A
Tribal Member may make recommendations consistent with the Committee’s
jurisdiction on matters including policy, Tribal law and regulation and
administrative processes. The Committee
receiving recommendations from a Tribal Member must inform the Tribal Member,
in writing, of the decision of the Committee whether to make a recommendation
to the Tribal Council and its reasons for the decision.
1.06.042 Recommendation
Process
A Committee shall present its written
recommendations to the Tribal Council at a regular Tribal Council Meeting
during open session, unless the subject matter of the recommendation is
protected by confidentiality.
1.06.043 Final
Decision by Tribal Council
The Tribal Council shall have the
sole authority to approve or reject recommendations submitted by
Committees. Recommendations for action
rejected by the Tribal Council or for which no action was taken by the Tribal
Council shall not be effective and implemented.
ANNUAL REGULATION ADOPTION
1.06.050 Limited
Authority to Adopt Annual Regulations
Each Regulatory Committee authorized
by the Skokomish Tribal Council consistent with this Ordinance and specified in
Section 2.01.012 herein, shall have the authority to adopt regulations for the
purposes set out and as directed by the Committee’s authorizing Ordinance. Policy Committees have no authority to adopt
regulations governing the actions of individuals.
AD HOC COMMITTEES
1.06.060 Ad
Hoc Committee Purpose
Ad Hoc Committees may be established
as necessary by the Tribal Council resolution for a special and singular
purpose. Ad Hoc Committees will dissolve
upon completion of the action for which the Committee was authorized.
1.06.061 Authorized
Ad Hoc Committees
The
following Ad Hoc Committees are pre-authorized by the Tribal Council by
Resolution:
(a) Ethics
Committee (Ordinance adopted by Resolution No. 05-107);
(b) Hiring
Committee (Ordinance adopted by Resolution No. 94-78);
(c) Personnel
Grievance Board (Ordinance adopted by Resolution No. 04-52).
Additional
Ad Hoc Committees may be authorized by the Tribal Council by Resolution.
1.06.062 Ad
Hoc Committee Structure and Recommendation
Each Ad Hoc Committee shall be structured and disseminate
duties according to its respective authorizing ordinance or Tribal Council
Resolution.