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Last amended: 1999
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Ordinance Number 80-04. Amended by Resolution , dated March 29, 1982; Resolution No. ,dated January 15, 1984; Resolution No. , dated October 20, 1984; Resolution No. 89-127 dated June 17, 1989; Resolution No. 90-87, dated March 17, 1990; General Council Vote, February 2, 1991; Resolution No. , dated December 31, 1991; and Resolution No. 99-279, dated August 21, 1999. Original Date: August 28,1980 Subject: Tribal Council Rules of Procedure |
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The purpose of this ordinance is to provide for Tribal Council procedures as authorized by Article V, Section 2 of the Siletz Constitution, adopted June 2,1979, and approved by the Secretary of the Interior on June 13, 1979.
§ 2.10: GENERAL PROVISIONS.
The conduct of all meetings of the Tribal Council shall be governed by these Rules of Procedure, including when the Council sits as a Board of Directors for Health, Gaming, or any other entity of the Tribe, provided the Tribal Council may establish alternate rules for a particular entity in the Ordinance establishing that entity. All questions of procedure shall be decided by the Chairman, or by majority vote of the Tribal Council if there is any objection to the ruling of the Chairman. A Tribal Council member, upon becoming a member of the Tribal Council, shall be oriented with regard to his or her ethical obligations under the Tribal Council Ethics Ordinance and oriented as to their duties as a member of the Tribal Council.
§ 2.11: MEETINGS.
(a) Regular Meetings. Regular meetings of the Tribal Council shall be held each month at a time and place to be decided by vote of the Tribal Council. If the date of the regular meeting conflicts with a national, state or tribal holiday or election, or for other good cause, the meeting shall be rescheduled one week later. At least five (5) days notice of the meeting time and place shall be given to the tribal membership, including posting in each Area Office and publication in the tribal newsletter where possible.
(b) Special Meetings. Special meetings of the Tribal Council may be called by the Chairman at his or her discretion. Upon written request of three or more members of the Tribal Council, the Tribal Council shall call a special meeting within three (3) days. No special meeting shall be called without twelve (12) hours' notice to each member. Notice shall be in writing or by telephone. This notice may not be waived unless each member of the Tribal Council does so in writing. Special meetings of the Tribal Council may take place in the form of conference telephone calls, as long as the other requirements of this section are met. In such event, and upon request of any tribal member, the special meeting shall be broadcast by speakerphone in the Tribal Council Chambers for interested tribal members.
§ 2.12: ORDER OF BUSINESS.
The following order of business shall be observed at each meeting of the Tribal Council:
(a) Call to Order by the Chairman and Invocation.
(b) Roll call by the Executive Secretary or Tribal Council Secretary.
(c) Approval of Agenda.
(d) Approval or correction of Minutes of prior Tribal Council meeting or meetings.
(e) Business matters.
(f) Adjournment.
§ 2.13: AGENDA.
The agenda shall be prepared by the Chairman. He or she must include any item submitted upon the written request of three or more members of the Tribal Council. The agenda shall identify as clearly as possible the specific matters that are to be considered by the Council. The agenda shall be provided to Tribal Council members not less than five days prior to any regularly scheduled meeting.
§ 2.14: RECESS.
The Tribal Council may recess a meeting at any time by motion and continue its meeting to a later time, without giving further notice. Roll call shall be taken when the meeting reconvenes.
§ 2.15: QUORUM.
Five members of the Tribal Council shall constitute a quorum. A quorum shall be required for any official action of the Tribal Council, including passing motions and adopting ordinances and resolutions.
§ 2.16: DECISIONS AND VOTING.
Decisions of the Tribal Council other than adoption, amendment or repeal of tribal ordinances shall be by majority vote of the members present at a meeting, except where otherwise required by the Constitution or tribal ordinance. A vote of two-thirds (2/3) of the sitting members of the Tribal Council shall be required to adopt, amend or repeal a tribal ordinance. Voting shall be by roll call vote and the ayes, nays and abstentions shall be recorded in the minutes. No Tribal Council member shall vote on any matter or take any other action as a member of the Tribal Council where such action or vote would violate that member's ethical obligations under the Tribal Council Ethics Ordinance.
§ 2.17: OPEN MEETINGS.
(a) Open Meetings. All meetings of the Tribal Council shall be open to the membership of the Confederated Tribes of Siletz Indians of Oregon; however, the Tribal Council may recess at its discretion to discuss any matter in a closed or executive session. The motion calling for such session shall state the general subject matter to be discussed. No final or official action may be taken in the executive session. The Chairman shall call the meeting back to order after the executive session. Revealing matters discussed in executive session that are confidential shall be deemed grounds for discipline under the Tribal Council Ethics Ordinance, including but not limited to expulsion of the Council member.
(b) Executive Session. "Executive Session" as that term appears at Article V, Section 2(E) of the Siletz Constitution means a session of the Tribal Council which is closed to all persons except Tribal Council members, necessary staff as designated by the Tribal Council, and express invitees. Executive Tribal Council sessions shall be commenced and adjourned by motion duly passed and shall not be recorded, except by Note of the Tribal Council. No final or official Tribal Council action shall be taken in executive session.
(c) Closed Session. "Closed Session" as that term appears at Article V, Section 2(E) of the Siletz Constitution, shall mean a session of the Siletz Tribal Council which is not open to the general public, but instead is limited to tribal members, their families, tribal employees, contractors and consultants, and other persons invited to attend by the Tribal Council. Closed Tribal Council sessions shall be commenced and adjourned by motion duly passed and shall not be recorded, except by vote of the Tribal Council. No final or official Tribal Council action shall be taken in closed session.
§ 2.18: ORDINANCES.
(a) When Required. All final decisions of the Tribal Council on matters of general and permanent interest to the members of the Tribe shall be embodied in an ordinance.
(b) Content of Ordinances. Each ordinance shall contain the following items, but any ordinance which basically meets the requirements of this section shall be valid;
(1) Number will be assigned by the appropriate employee upon adoption of the ordinance);
(2) The date of adoption (and amendment where appropriate);
(3) The subject matter;
(4) Title;
(5) Statement of purpose and authority;
(6) The text of the ordinance;
(7) A statement of repeal if appropriate, identifying the number, date and title of the ordinance repealed;
(8) The date of adoption and the votes for, against and abstaining;
(9) The signature of the Tribal Chairman or presiding officer and date;
(10) Attestation and date by the Tribal Secretary.
(c) Introduction. Any Tribal Council member may introduce a proposed ordinance.
(d) First Reading. A proposed ordinance shall be read out loud in open Tribal Council meeting when it is introduced or at a later meeting if the Tribal Council so decides.
(e) Second Reading. A proposed ordinance shall be read by title only at the next Tribal Council meeting following the first reading, except that it shall be read out loud in full or in part at the request of any Tribal Council member.
(f) Waiver of Second Reading. The Tribal Council may waive the second reading requirement if it finds it to be in the best interest of the Tribe to do so. The motion to waive the second reading shall state the reason for so doing and that reason shall be recorded in the minutes.
(g) Changes to Proposed Ordinance. Changes may be made in a proposed ordinance at any time prior to its adoption.
(h) Adoption. Proposed ordinances shall be considered for adoption after the second reading or, if the Tribal Council waives the second reading, after the first reading. Adoption of the ordinance shall be upon motion and second. Discussion shall be held on the motion until the question is called for.
(i) Effective Date. An ordinance shall become effective immediately upon its adoption, but it may have a later date if the Tribal Council so provides.
(j) Amendment of Adopted Ordinances. Existing, adopted ordinances may be amended by resolution. Amending resolutions shall be adopted in the same manner as other resolutions except that any Council member may require than an ordinance be amended in the same manner in which the original ordinance was adopted. The date and number of the resolution amending the ordinance shall appear on the title page of the ordinance, as well as on each age thereof.
§ 2.19: RESOLUTION.
(a) When Required. All final decisions of the Tribal Council on matters of temporary interest shall be by resolution.
(b) Content of Resolution. Each resolution shall contain the following items, but any resolution which basically meets the requirements of this section shall be valid:
(1) Number will be assigned by the appropriate employee upon adoption of resolution;
(2) The date of adoption;
(3) The subject matter;
(4) The title "resolution";
(5) Statement of authority;
(6) Statement of purpose (optional);
(7) The text of the resolution;
(8) An adoption clause stating that the procedures of this ordinance were followed, the date of adoption and the number of votes for, against and abstaining;
(9) The signature of the Tribal Chairman, Vice-Chairman or presiding officer, as appropriate;
(10) Attestation by Tribal Secretary.
(c) Adoption. A proposed resolution shall be stated out loud prior to being voted on. Adoption of a resolution shall be upon motion and second. Discussion shall be held on the motion before the question is called for.
(d) Effective Date. A resolution shall be effective immediately upon its adoption, but it may have a later effective date if the Tribal Council so provides.
§ 2.20: MINUTES.
It shall be the duty of the Secretary to keep written minutes of Tribal Council proceedings. These minutes shall include the names of all the Tribal Council members present and the presiding officer, all motions, proposals, resolutions and ordinances and their disposition, the results of all votes, the vote of each member by name and the subject of any discussion on any matter and reference to any document discussed. The Tribal Council's staff may be responsible for preparing the minutes, but the minutes shall be approved by the elected Tribal Secretary prior to final typing and distribution. The draft minutes shall be sent to all Tribal Council members and the tribal attorney prior to approval.
§ 2.21: COMMITTEES.
The Tribal Council may establish any committees necessary to assist it in carrying out its duties under the Constitution. Provision for standing committees shall be by ordinance; provision for ad hoc committees shall be by resolution. The number of members and manner of appointment shall be set forth in the ordinance or resolution as well as the purpose, authority, durations and duties of the committee. Committee members must be tribal members if the committee is to exercise delegated authority of the Tribal Council. Appointments to Committees shall take place on the first Tribal Council meeting each year following the general election. Appointments shall not exceed one year.
§ 2.22: LIMITATION ON DEBATE.
Any Council member may move that a time limit be set for a number of minutes a person may speak on a particular agenda item. Debate shall be limited to the subject matter of the agenda item under consideration.
§ 2.23: TRIBAL COUNCIL OFFICERS.
(a) Election of Tribal Council Officers; Presiding Officer. After each annual election for Tribal Council members, the Tribal Council shall elect from its members a Tribal Chairman, Vice-Chairman, Secretary and Treasurer, at a regular or special meeting. In the absence of the Chairman, the Vice-Chairman shall preside over the Council and have all the powers and duties of the Chairman. In the absence of the Vice-Chairman, the members of the Council present shall elect a presiding officer by majority vote. In the absence of the Secretary, the Chairman shall appoint a member of the Tribal Council to act as Secretary. [Amended by Resolution 90-87, March 17, 1990.]
(b) Duties of Tribal Council Officers. The Officers of the Siletz Tribal Council shall have the following duties and responsibilities:
(1) Tribal Chairman. The Chairman of the Tribal Council shall preside over all meetings of the Tribal Council and of the general membership. The Chairman shall perform all the duties of the Chairman under the Siletz Constitution and tribal law, and shall exercise all authority delegated to him or her by the Tribal Council. The Chairman shall have a vote in all actions of the Tribal Council under this Ordinance and under tribal law. The Chairman shall be the official spokesperson of the Siletz Tribe and the Tribal Council, unless otherwise delegated, and shall be the official representative of the Tribe with other governments.
(2) Vice-Chairman. The Vice-Chairman of the Tribal Council shall assist the Chairman when called to do so or when necessary to carry out the duties and responsibilities of the Tribal Council. The Vice-Chairman shall preside at all tribal and Tribal Council meetings in the absence of the Chairman. In such case, the Vice-Chairman shall have all the rights, privileges and duties as well as the responsibilities of the Chairman.
(3) Secretary. The Secretary of the Tribal Council shall be responsible for all correspondence of the Tribal Council and for ensuring a complete and accurate account of all matters transacted at Tribal Council and tribal meetings. The Secretary shall be responsible for completing and maintaining an official copy of the minutes of all tribal and Tribal Council meetings, and for keeping an accurate record of all resolutions and ordinances passed by the Tribal Council or the tribal membership.
(4) Treasurer. The Treasurer of the Tribal Council shall be responsible for ensuring accounting for, receiving, receipting for, depositing, preserving and safeguarding all funds in the custody or under the control of the Tribal Council or the Siletz Tribe, and for maintaining the accuracy of all tribal financial records and accounts. The Treasurer shall be responsible for making an annual report to the Tribal Council and membership of the financial condition of the Tribe which complies with applicable law and regulations. The Treasurer shall be responsible for ensuring that no tribal funds are paid out or otherwise disbursed unless properly authorized under this ordinance, by Tribal Council resolution, or under other tribal law. The Treasurer shall be bonded, the cost of furnishing such bond to be an expense of the Tribe.
(c) Removal of Tribal Council Officers. Officers may be removed for violations of the Tribal Council Ethics Ordinance, neglect of duty, or gross misconduct, in accordance with the procedures provided in the Tribal Council Ethics Ordinance.
§ 2.24 LITIGATION.
Any and all litigation, whether on behalf of the Siletz Tribe, the Tribal Council, individual Tribal Council members, any tribal entity or on behalf of the tribal membership, and whether taking place before a court, administrative agency, or elsewhere, shall be authorized only by resolution of the Tribal Council. The Tribal Chairman shall have no authority to initiate litigation on behalf of the Tribe, the Tribal Council, individual Tribal Council members, the tribal membership, any tribal entity or as trustee for the Tribe, Tribal Council or tribal membership, in the absence of a resolution of the Tribal Council.
§ 2.25: ORDER. The Chairman shall be responsible for assuring
that order is maintained during all meetings of the Tribal Council. In fulfilling
this responsibility, the Chairman may designate a sergeant-at-arms or other
designee. Any unreasonable loud or disruptive noise or conduct which obstructs
the work of the Tribal Council shall be cause for removal by the sergeant-at-arms.
The Chairman shall warn a person to cease his or her disorderly conduct before
ordering his or her removal.
§ 2.26: RECORDS. Records of Tribal Council meetings, including
agendas, approved minutes, adopted resolutions and adopted ordinances shall
be kept as set out in this section.
(a) Agendas and Minutes file. Agendas and minutes as approved of all Tribal Council meetings shall be compiled in chronological order. Files shall be maintained on an annual basis, conforming to the Tribe's fiscal year.
(b) Resolutions. Resolutions shall be compiled in two separate files, one by chronological order and one by subject heading.
(1) Chronological File. The original of each resolution passed by the Tribal Council shall be compiled in chronological order in a Resolution Chronological File. The Tribal Secretary shall assign a resolution number to each resolution upon its passage by the Tribal Council. The number shall identify the fiscal year and the appropriate chronological order of the resolution. (For example, the first resolution passed in Fiscal Year 1980 would be assigned the number 80-01.)
(2) Resolution Subject File. A copy of each resolution shall be compiled by subject heading in a separate Resolution Subject File. The Tribal Secretary shall assign a subject heading to each resolution upon its passage by the Tribal Council. (For example, "personnel", "Housing Improvement Program", "Election of Officers", etc.).
(3) Index. A chronological and subject heading index shall be maintained for all Tribal Council resolutions and shall appear in the front of both the Resolution Chronological File and the Resolution Subject File.
(c) Ordinances. Ordinances shall be compiled in two separate files, one by chronological order and one by subject heading.
(1) Ordinance Chronological File. The original of each ordinance passed by the Tribal Council shall be compiled in chronological order. Each ordinance will be assigned a number upon its passage by the Tribal Council. The number shall identify the fiscal year and the appropriate chronological order of the ordinance. (For example, the first ordinance passed in Fiscal Year 1980 would be assigned the number 80-01.)
(2) Ordinance Subject File. A copy of each ordinance shall be compiled by subject heading in a separate Ordinance Subject File. Each Ordinance will be assigned a subject heading upon its passage by the Tribal Council. (For example, "Elections", Enrollment", "Hunting and Fishing".) Separate headings shall be established for Ordinances Repealed and Ordinances Amended, so that the regular subject headings contain only the current ordinances as amended.
(3) Index. A chronological and subject heading index shall be maintained for all ordinances and shall appear in the front of both the Ordinance Chronological File and the Ordinance Subject File.
(d) Location of Files. The original of all the files described in this section shall be kept in the once of the Tribal Chairman. Identical copies shall be kept in the Siletz Area Offices. Copies of all additions to the files shall be sent to the Tribal General manager, the Siletz Area Offices and the Siletz Agency by the Tribal Chairman and it shall be the responsibility of the Area Supervisors to see that the Area Offices' files are kept current. The Area Offices' files shall be available for review and copying by tribal members. A reasonable fee may be charged for reproduction costs.
(e) Recording Devices. Video and sound equipment may be used as tools to keep accurate records. Upon approval of the minutes the audio tapes of any Tribal Council meeting may be disposed of.
§ 2.27: COMPENSATION OF TRIBAL COUNCIL MEMBERS.
(a) Authorization. This Section is authorized by the ballot measure adopted by the General Council on February 7,1981, as amended by the ballot measure adopted by the General Council on February 2,1991, which state:
"Subject to the availability of funds, Tribal Council members shall receive payment of $7.88 per hour for time spent working on official Tribal Council duties beginning January 1, 1991. Tribal Council duties include attendance at tribal meetings, serving as tribal delegates to state, regional and national Indian organizations, and other work specifically authorized by vote of the Tribal Council.
This hourly payment shall be adjusted each year, on January 1, in a percentage amount equal to the cost-of-living allowance (COLA) increase granted to federal and tribal employees.
The Tribal Council has adopted and published Ordinance Number 80-04 on August 28, 1980, and amended this ordinance on 3129182,1115/84,10120184, and 6/17/89, which regulates these payments. Accurate and complete records shall be kept and made available to the General Council on a regular basis."
The purpose of this Section is to set forth the rules and standards which govern compensation of Tribal Council members in accordance with the directives of the ballot measure. [Amended by vote of General Council, Feb. 2,1991 ]
(b) Duties Compensated. Tribal Council members shall be compensated at the rate established under subsection (a) of this section for performance of the following duties:
(1) Attendance at the following tribal activities:
(A) Tribal Council meetings;
(B) General Council meetings;
(C) Tribal or General Council telephone sessions;
(D) Workshops;
(E) Trainings;
(F) Subcommittee meetings and activities;
(G) Standing Committee meetings and activities;
(H) Subcommittee or standing committee telephone sessions;
(I) Conferences with supervisors and/or staff;
(J) Meetings of regional or national Indian organizations when delegated by Tribal Council resolution;
(K) Meetings of federal, state, or local government agencies when delegated by Tribal Council resolution;
(L) Meetings of civic or religious organizations when delegated by Tribal Council resolution; and
(M) Meetings of Indian governments and/or agencies.
(2) Execution of the following Tribal Council tasks, as delegated by the Tribal Council:
(A) Preparation of written minutes of the Tribal Council or General Council;
(B) Preparation of reports;
(C) Preparation of financial documents;
(D) Preparation of other documents;
(E) Conducting interviews;
(F) Check signing (l/2 hour minimum for each day checks are actually signed); and
(G) Other official executive or administrative functions as designated by the Tribal Council.
(3) Preparation for Tribal Council meetings and Tribal Council duties, including the following:
(A) Reading and review of documents; and
(B) Research.
Unless otherwise provided, Tribal Council compensated duties do not include personal consultations or discussions with tribal members or other members of the public.
(c) Duties of Chairman. The Tribal Chairman shall keep those office hours necessary to perform the duties required of a Tribal Council member and those special duties which are uniquely the responsibility of the Tribal Chairman. Those duties which are uniquely the Tribal Chairman°s include the following:
(1) Meeting with tribal members about problems and concerns;
(2) Serving as liaison between the tribe and other tribes, agencies and governments;
(3) Working with the General Manager, tribal staff and tribal enterprises on day to day issues;
(4) Generally serving as the head of the tribal government; and
(5) Authority to select a Tribal Chair in the Chairman of Vice-Chairman's absence.
(6) Chair all General Council meetings.
The Tribal Chairman shall be compensated for all duties performed in his or her official capacity.
(d) Reports. Each Tribal Council member, including the Tribal Chairman, must complete a report of duties performed on a monthly basis on a form approved by the Tribal Council. If satisfactory, the Tribal Chairman shall submit the report to the General Manager for payment. If not satisfactory, the Tribal Chairman shall consult with the Council member or Tribal Council as appropriate. All reports are subject to the review of the Tribal Council and will be regularly distributed with the Tribal Council minutes in accordance with Section 2.26 of this ordinance.
(e) Expenses. Tribal Council members shall be reimbursed for expenses incurred in the performance of official Tribal Council duties. Tribal Council members shall be paid for travel time to and from meetings, not to exceed 8 hours per day. Travel approved for destinations other than Council meetings shall be paid for actual travel time.
Per diem (meal costs) will be paid based on a formula which divides a day into four quarterly sections: 12:01 a.m. to 6:00 a.m.; 6:01 a.m. to 12:00 p.m.;12:01 p.m. to 6:00 p.m.; and 6:01 p.m. to 12:00 p.m. For each quarter of a day in which travel occurs, as defined above, per diem as approved by the Tribal Council will be paid, provided, that such rates do not exceed the per diem rates established by Title 41 of the United States Code of Federal Regulations (CFR) § 3 01 et seq., and provided further, that for any travel that does not require overnight lodging, a per diem will be allowed for each quarter in which travel occurs when: (a) travel for ten (10) hours or more is required; or (b) when travel begins before 6:00 a.m. or concludes after 6:00 p.m., or if travel is for gaming, tribal representatives will be reimbursed on a quarterly basis for each quarter in travel status regardless of the time of travel. An example of situation (a) is if travel to an Area Once began at 7:00 a.m. and the Tribal Council member returned at 5:01 p.m., the member would be paid for two quarters of per diem). Per diem shall be paid for travel to Area and other field offices.
(f) Compensation Based on Availability of Funds. The compensation described in this Section is subject to the availability of funds to the Tribe.
(g) The Tribal Council shall, by resolution, adopt a budget for payment of Tribal Council members an an annual basis, designating the source and limits of funds to be spent for that purpose. No payments shall be made to Tribal Council members until such a resolution has been adopted.
CERTIFICATION
The foregoing ordinance was adopted by the Siletz Tribal Council at a Regular Council meeting held on August 28,1980 at which a quorum was present, and the Ordinance was adopted by a vote of _ FOR, _ AGAINST and _ ABSTAINING.
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SILETZ TRIBAL COUNCIL By |
ATTEST:
| Adopted 8/28/80 | Amended: 3/29/82,1/15/84,10/20/84, 6/17/89, 3/17/90, 2/2191, 12/31/91 and 8/21/99 |