SKOKOMISH ECONOMIC DEVELOPMENT ORDINANCE

SKOKOMISH ECONOMIC DEVELOPMENT ORDINANCE

Adopted by Resolution No. 98-22 (February 25, 1998)

Amended by Resolution No. 00-93 (December 27, 2000)

TABLE OF CONTENTS

GENERAL PROVISIONS

2.09.001 Title

2.09.002 Authority and Declaration of Policy

2.09.003 Jurisdiction

2.09.004 Liberal Construction

2.09.005 Severability

ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

2.09.010 Role of the Economic Development Advisory Committee

2.09.011 Economic Development Advisory Committee Membership and Officers

2.09.012 Vacancy, Removal and Resignation

2.09.013 Meetings and Voting

2.09.014 Compensation and Reimbursement

OPERATION OF DEPARTMENT OF ECONOMIC DEVELOPMENT PROGRAMS

2.09.020 Duties of the Economic Development Director and Economic Development Advisory Committee

2.09.021 Relationship of the Economic Development Advisory Committee to the Tribal Council

POLICIES AND PROCEDURES

2.09.030 General Policies and Procedures

2.09.031 Process for Complaint and Appeals

2.09.032 Records and Confidentiality

General Provisions

2.09.001 Title

This ordinance shall be known as the Skokomish Economic Development Ordinance.

2.09.002 Authority and Declaration of Policy

Economic Development is vital to the cultural and economic existence of the Skokomish Indian Tribe. This Skokomish Economic Development 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. By this Ordinance and the regulations adopted under it, the Skokomish Indian Tribe intends to ensure that economic development by the Skokomish Indian Tribe is done in an effective and comprehensive process to ensure long term viability of the enterprise(s) and develop skills of tribal members for their occupational futures; appropriate to the unique needs of tribal members; and relevant to the heritage of the Skokomish Indian Tribe.

2.09.003 Jurisdiction

The provisions of this Ordinance shall apply to the fullest extent of the sovereign jurisdiction of the Skokomish Indian Tribe authorized by the Constitution of the Skokomish Indian Tribe, the Treaty of Point No Point and applicable federal law. The provisions of this Ordinance shall apply to and be in conformity with all agreements and other cooperative arrangements entered into by the Skokomish Indian Tribe designed to ensure economic self-sufficiency for the Skokomish Tribe. The provisions of this Ordinance shall apply to all persons who are employed by the Skokomish Indian Tribe and appointed by the Skokomish Tribal Council to serve on advisory committees, task forces, or tribal enterprises.

2.09.004 Liberal Construction

This Ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.

2.09.005 Severability

If any provision of this ordinance, or it’s application to any person, legal entity or circumstance, is held invalid, the reminder if the Ordinance, or the application of the provision to other persons, legal entities, or circumstance, shall not be effected.

Economic Development Advisory Committee

2.09.010 Role of the Economic Development Advisory Committee

(a) Economic Development Advisory Committee Established. There is hereby established the Skokomish Economic Development Advisory Committee (hereinafter “Advisory Committee”).

(b) Role of the Economic Development Advisory Committee. The Economic Development Advisory Committee shall act in an advisory capacity to the Tribal Council and shall have the authority to:

(1) Solicit community input on economic development projects and priorities; and

(2) Review draft list of economic development goals and objectives prepared by Economic Development Planner; and

(3) Review strategic plan to meet goals and objectives prepared by Economic Development Planner; and

(4) Review draft OEDP with Economic Development Staff; and

(5) Assist Economic Development Planning Staff in soliciting labor market and other economic development data.

2.09.011 Economic Development Advisory Committee Membership and Offices

(a) Composition and Appointment. At their discretion, the Skokomish Tribal Council may appoint 5, 7, or 9 members to the Economic Development Advisory Committee selected as follows:

(1) The Tribal council shall appoint enrolled Skokomish Tribal members and Skokomish community members to the Economic Development Advisory Committee, reserving one seat on the Task Force for the Director of Economic Development, or his or her designee, who shall be a non-voting member of the Advisory Committee, regardless of his or her affiliation (Tribal member or not).

(2) Two members of the local business community may be selected as non-voting members, regardless of his or her affiliation (Tribal member or not).

(b) Officers.

(1) The Economic Development Advisory Committee shall select by consensus the following Skokomish Tribal member officers.

(A) Chairperson:

(B) Vice-Chairperson; and

(2) The selection of officers shall be held at the first meeting of the Economic Development Advisory Committee following the beginning of each fiscal year (October 1).

2.09.012 Vacancy, Removal and Resignation

(a) Vacancy. The Tribal Council may, on its own or at the request of the Economic Development Advisory Committee, declare a position on the Advisory Committee to be vacant if a Advisory Committee member is unwilling or unable to fulfill their duties, provided:

(1) The Tribal council appoints a member to fill the vacant position and to serve the remainder of the unexpired term; 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 Economic Development Advisory Committee shall be submit to the Tribal Council a “Notice of Proposed Removal and Declaration of Vacancy” for review pursuant to subsection (a) above to request that a member of the Economic Development Advisory Committee may be removed for the following reasons:

(1) For failure to attend two consecutive meetings without prior notice to the Economic Development Advisory Committee stating the reason for their absence; and

(2) For cause by a unanimous vote of the remaining members (e.g. breach of confidence).

(c) Resignation. A member of the Economic Development Advisory Committee may resign the position. Such resignation must be in writing and submitted to the Advisory Committee and the Tribal council.

2.09.013 Meetings and Voting

(a) Meetings.

(1) The Economic Development Advisory Committee shall schedule no less than six meetings per year.

(2) Special meetings may be called by the Chairperson, or by a majority of the members of the Economic Development Advisory Committee upon two days written notice to each member, stating the place, day and hour of the meeting and the specific purpose(s) for which the special meeting was called.

(3) For the purpose of conducting business, a quorum of fifty percent plus one (50% + 1) members shall be required for any regular or special meeting. Each member of the Economic Development Advisory Committee shall have one vote on matters requiring a vote by the members. Economic Development Advisory Committee decisions shall be by simple majority vote of the members present.

2.09.014 Compensation and Reimbursement

Economic Development Advisory Committee members shall receive no compensation for their services; however, pursuant to tribal reimbursement policies, reimbursement for travel, meals, etc. may be paid to Economic Development Advisory Committee members from Department of Economic Development funds, but only with prior approval from the Director of Economic Development and as funding allows.

Operation of Economic Development Programs

2.09.020 Duties of the Economic Development Advisory Committee

(a) Duties of the Economic Development Director. In addition to other duties assigned by the Tribal Council, or the Tribal Manager, the Economic Development Director shall:

(1) Identify and assign key individuals and/or employees who will supply economic development information to the Economic Development Advisory Committee;

(2) Identify and review economic development issues for the Advisory Committee;

(3) Serve as a sounding board for Economic Development Advisory Committee issues and ideas.

(b) Duties of the Economic Development Advisory Committee. The Advisory Committee shall have the following duties:

(1) Review Tribal Council economic development priorities with individuals and community members and gain their views and insights;

(2) Assist the Economic Development Department to draft tribal overall economic development goals based on the priorities, review draft goals with the Tribal Council, and gain approval or revision and approval of the goals from Tribal Council;

(A) Explain and discuss tribal economic development priorities and goals;

(3) Keep the Tribal Council informed of tribal and non-tribal reaction to implementing the tribal economic development goals and to addressing the Tribal Council’s economic development priorities; identify and develop strategies for overcoming any obstacles;

(A) Develop strategies and plans for coordinating tribal resources to address the needs and problems of economic development (e.g. shortage of developable land, funding for capital construction, job training, lack of job opportunities, etc.)

(4) Work in cooperation with the Cultural Committee to identify and gather materials on Tribal history relating to sites proposed for economic development to ensure the protection of historically significant sites, artifacts, etc.

2.09.021 Relationship of the Economic Development Advisory Committee to the Tribal Council

(a) Communication. The line of communication between the Tribal Council and the Economic Development Advisory Committee shall be through the Chairperson of the Advisory Committee.

(b) Council Approval. Except as otherwise provided in this Ordinance, a decision of the Economic Development Advisory Committee shall be final only upon Tribal Council approval.

(c) Reports to Council. The Economic Development Advisory Committee shall make written quarterly reports to the Tribal Council of its recommendations, actions and decisions. The Advisory Committee shall meet with the Tribal Council each quarter to review progress and problems, and to plan the priorities for each quarter and each year.

Policies and Procedures

2.09.030 General Policies and Procedures

(a) Expenditures-Advisory Committee Action Required. No member of the Economic Development Advisory Committee shall be authorized to expend funds, commit any funds, or take action with respect to any other matter, whether or not formally brought to the Advisory Committee for resolution, without prior authorization of the Advisory Committee.

(b) Liability of Advisory Committee Members. No individual Economic Development Advisory Committee member shall be held liable for any action taken by the Advisory Committee. The Economic Development Advisory Committee shall be considered an agency of the Skokomish Indian Tribe.

(c) Additional Policies and Procedures. Except as already provided for within this Ordinance, the Economic Development Advisory Committee may establish additional Economic Development Advisory Committee Policies and Procedures to fulfil its duties for review and approval by the Tribal Council. The Advisory Committee may assist the Department of Economic Development in the formulation of Economic Development Advisory Committee Program Policies and Procedures.

(d) Review. The Economic Development Advisory Committee shall annually review the Economic Development's goals and objectives for the coming fiscal year.

2.09.031 Process for Complaint and Appeals

(a) Written Notice of Complaint. Any person who, as an applicant or grantee of any Economic Development program administered through the Skokomish Department of Economic Development, is aggrieved by a decision of the Department of Economic Development or Economic Development Advisory Committee may file a notice of complaint as follows:

(1) The Notice of Complaint shall be in writing, dated and signed by the aggrieved party;

(2) The Notice of Complaint shall include a concise statement of relief requested; and

(3) A copy of the Notice of Complaint shall be given to the Economic Development Advisory Committee Chairperson and to the Director of Economic Development.

(b) Economic Development Advisory Committee Decision. Within five (5) working days of receipt of the Notice of Complaint, the Advisory Committee Chairperson shall set a date for hearing before the Economic Development Advisory Committee:

(1) A closed hearing shall be held within 30 days of receipt of the Notice of Complaint;

(2) At the closed hearing, the aggrieved party shall be given the opportunity to present any testimony, documents or other evidence to support the complaint; and

(3) At the end of the closed hearing, the Economic Development Advisory Committee shall adjourn the hearing and shall meet in closed session to render a final determination;

(4) The Economic Development Advisory Committee shall inform the aggrieved party of its final determination in writing within five (5) working days of the hearing.

(c) Appeal from Final Determination. Any person who is aggrieved by a final determination of the Economic Development Advisory Committee pursuant to sub-section (b) above may appeal the decision to the Tribal Council.

(1) The aggrieved party shall file a written Notice of Appeal with the Tribal Council and shall be added to the agenda of the next regular Tribal Council meeting;

(2) The aggrieved party shall attach to the written Notice of Appeal, copies of the original Notice of Complaint and supporting documentation presented at the hearing;

(3) Upon the filing of the Notice of Appeal, the Economic Development Advisory Committee Chairperson shall provide any record of the hearing to the Tribal Council;

(4) The Economic Development Advisory Committee Chairperson, or his designee, shall attend the Tribal Council meeting at which the appeal is to be heard;

(5) The appeal shall be heard in a closed session of the Tribal Council meeting;

(6) The Tribal Council shall reverse a final determination of the Economic Development Advisory Committee only upon a finding that the final determination of the Advisory Committee was arbitrary, capricious, or an abuse of discretion (e.g. unreasonable, outside their authority, etc.)

2.09.032 Records and Confidentiality

A complete file of original documents and related information shall be established and maintained within the Department of Economic Development Advisory Committee regarding any action or decision.