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[Includes amendments through 2001.]
SKOKOMISH EDUCATION ORDINANCE
Adopted by Resolution No. 96-65 (September 25, 1996)
General Provisions
2.02.001 Title
This Ordinance shall be known as the Skokomish Education Ordinance.
2.02.002 Authority and Declaration of Policy
Education of Skokomish Tribal members is vital to the cultural and economic existence of the Skokomish Indian Tribe. This Skokomish Education 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 the education of Skokomish Tribal members is a quality education: effective in preparing tribal members for their futures; appropriate to the unique needs of tribal members; and relevant to the heritage of the Skokomish Indian Tribe.
2.02.003 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 a quality education to Skokomish Tribal members. The provisions of this Ordinance shall apply to all persons who are eligible to receive educational services and benefits from the Skokomish Indian Tribe.
2.02.004 Liberal Construction
This Ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
2.02.005 Severability
If any provision of this Ordinance, or its application to any person legal entity or circumstance, is held invalid, the remainder of the Ordinance, or the application of the provision to other persons, legal entities, or circumstances, shall not be effected.
Education Committee
2.02.010 Role of the Education Committee
(a) Education Committee Established. There is hereby established the Skokomish Education Committee (hereinafter "Education Committee").
(b) Role of the Education Committee. The Education Committee shall act in an advisory capacity to the Tribal Council and shall have the authority to:
(1) Examine education issues, gather facts and establish the necessary comprehensive planning process which shall coordinate resources on the Skokomish Indian Reservation to monitor, improve and create education systems for the benefit of Skokomish Tribal members; and
(2) Recommend a comprehensive planning process for education systems to the Tribal Council; and
(3) Regulate all aspects of education to ensure that Skokomish Tribal members receive a quality education: effective in preparing tribal members for their futures; appropriate to the unique needs of tribal members; and relevant to the heritage of the Skokomish Indian Tribe.
2.02.011 Education Committee Membership and Officers
(a) Composition and Appointment. There shall be six (6) members of the Education Committee selected as follows:
(1) The Tribal Council shall appoint three (3) enrolled Skokomish Tribal members to the Education Committee;
(2) The Tribal Council shall appoint one (1) Tribal Council member (or a designee) to the Education Committee;
(3) The four (4) appointed Education Committee members shall by consensus select one (1) tribal community member, who may or may not be an enrolled tribal member, to the Education Committee; and
(4) The Education Director shall be a permanent member of the Education Committee.
(b) Officers.
(1) The Education Committee shall select by consensus the following officers:
(A) Chairperson;
(B) Vice-Chairperson; and
(C) Recording Secretary.
(2) The selection of officers shall be held at the first meeting of the Education Committee following the beginning of each fiscal year (October 1).
(3) The Education Director shall not be an officer.
2.02.012 Vacancy, Removal and Resignation
(a) Vacancy. The Tribal Council may, on its own or at the request of the Education Committee, declare a position on the Education Committee to be vacant if an Education 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, except in the case of the vacancy of the community member position which is to be selected by the four appointed members of the Education Committee; 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 Education Committee shall 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 Education Committee may be removed for the following reasons:
(1) For failure to attend two consecutive meetings without prior notice to the Education 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 Education Committee may resign the position. Such resignation must be in writing and submitted to the Education Committee and the Tribal Council.
2.02.013 Meetings and Voting
(a) Meetings.
(1) The Education Committee shall schedule regular monthly meetings.
(2) Special meetings may be called by the Chairperson, or by a majority of the members of the Education 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 four (4) members shall be required for any regular or special meeting.
(b) Voting. Each member of the Education Committee shall have one vote on matters requiring a vote by the members, except that the Education Director shall only vote in the case of a tie. Education Committee decisions shall be by simple majority vote of the members present.
2.02.014 Compensation and Reimbursement
The Education Committee members shall receive no compensation for their services; however, pursuant to tribal reimbursement policies, reimbursement for travel, meals, etc. may be paid to Education Committee members from education funds.
Operation of Tribal Education Programs
2.02.020 Duties of the Education Director and Education Committee
(a) Duties of the Education Director. In addition to other duties assigned by the Tribal Council, the Tribal Manager, or the Education Committee, the Education Director shall:
(1) Identify and contact key individuals who will supply education information to the Education Committee;
(2) Identify and review education issues for the Education Committee;
(3) Serve as a sounding board for Education Committee issues and ideas;
(4) Conduct and compile tribal education needs assessment using education reports and data from schools, other education programs and entities, and surveys of parents, community members, Tribal Council members, and educators.
(b) Duties of the Education Committee. The Education Committee shall have the following duties:
(1) Review Tribal Council priorities with key contact individuals and community members and gain their views and insights;
(2) Draft tribal education goals based on the priorities, review draft goals with the Tribal Council, explain the impact of the goals on current tribal and non-tribal schools and education programs, and gain approval or revision and approval of the goals from Tribal Council;
(3) Develop materials to use in explaining tribal education goals and priorities to schools, education programs, and state and federal agencies;
(4) Meet with school boards, governing bodies of other education programs and entities, and state and federal education agencies to:
(A) Explain and discuss tribal education priorities and goals;
(B) Determine how these tribal education priorities and goals support or conflict with existing situations in schools and programs or their rules and policies; and
(C) Begin developing options for cooperative efforts between the Tribe and non-tribal programs and agencies tied to increasing education achievement by and success of tribal students.
(5) Keep the Tribal Council informed of tribal and non-tribal reaction to implementing the tribal education goals and to addressing the Tribal Council’s education priorities; identify and develop strategies for overcoming any obstacles;
(6) Monitor tribal education problems and progress; develop any needed revisions in program objectives and plans; implement the revisions as appropriate;
(7) Meet with non-education tribal programs such as law enforcement, tribal court, and social services to:
(i) Discuss need for assisting schools in addressing tribal education needs and problems; and
(ii) Develop strategies and plans for coordinating tribal resources on addressing the needs and problems (e.g. truancy, child welfare, etc.).
(8) Work in cooperation with the Cultural Committee to identify and gather materials on tribal history, language, culture, and values to:
(A) Meet with educators and school officials to review the materials and discuss the value of using them in schools and education programs; and
(B) Jointly develop strategies and plans for integrating them into formal education processes in classes and through teacher training.
2.02.021 Relationship of the Education Committee to the Tribal Council
(a) Communication. The line of communication between the Tribal Council and the Education Committee shall be through the Chairperson of the Education Committee.
(b) Council Approval. Except as otherwise provided in this Ordinance, a decision of the Education Committee shall be final only upon Tribal Council approval.
(c) Reports to Council. The Education Committee shall make written quarterly reports to the Tribal Council of its recommendations, actions and decisions. The Education 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
2.02.030 General Policies and Procedures
(a) Expenditures - Committee Action Required. No member of the Education Committee shall be authorized to expend funds, commit any funds, or take action with respect to any matter, whether or not formally brought to the Education Committee for resolution, without prior authorization of the Education Committee.
(b) Liability of Committee Members. No individual Education Committee member shall be held liable for any action taken by the Education Committee. The Education 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 Education Committee may establish additional Education Committee Policies and Procedures to fulfill its duties for review and approval by the Tribal Council. The Education Committee may assist the Education Director in the formulation of Education Program Policies and Procedures.
(d) Review. The Education Committee shall annually review the Education Committee Policies and Procedures and the Education Program Policies and Procedures.
2.02.031 Process for Complaint and Appeals
(a) Written Notice of Complaint. Any person who, as an applicant or grantee of any education program administered through the Skokomish Education Department, is aggrieved by a decision of the Education Department or Education 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 Education Committee Chairperson and to the Education Director.
(b) Education Committee Decision. Within five (5) working days of receipt of the Notice of Complaint, the Education Committee Chairperson shall set a date for hearing before the Education 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 Education Committee shall adjourn the hearing and shall meet in closed session to render a final determination;
(4) The Education 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 Education 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 Education Committee Chairperson shall provide any record of the hearing to the Tribal Council;
(4) The Education 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 Education Committee only upon a finding that the final determination of the Education Committee was arbitrary, capricious, or an abuse of discretion (e.g. unreasonable, outside their authority, etc.).
2.02.032 Records and Confidentiality
A complete file of original documents and related information shall be established and maintained within the Education Department regarding any action or decision by the Education Committee related to a hearing and/or appeal. All records and documents, including any evidence or information, gathered as a result of a hearing and/or appeal shall be held in confidence by the Education Committee and any related program. Any partial or full release of information to any agency or individual other than those related to the appeal shall require the appellant’s written consent
BUDGET PROCESS TIME LINE AND BUDGET ORDINANCE
Adopted by Resolution No. 95-91 (September 6, 1995)
General Provisions
2.04.001 Budget Committee Mission and Purpose
The Budget Committee is advisory in nature and serves the Tribal Manager and Tribal Council in the following manner:
(a) Serves as an advisory tool for the Tribal Manager in long-range planning to meet overall goals and objectives set by Tribal Council.
(b) Serves as the basis for coordinating activities of departments to assist managers in a better understanding of the nature of staff and/or department responsibilities and help avoid duplication of efforts.
(c) Assists in identifying a greater number of approaches to problem-solving for the organization’s infrastructure and attainment of Tribal goals.
(d) Provides information and makes recommendations to Tribal Manager in the following areas:
(1) Responds to information requests made by Tribal Council,
(2) builds and reviews annual budgets and budget processes and makes recommendations to Tribal Manager and Council,
(3) reviews tribal policies, procedures, and guidelines when appropriate and makes recommendations,
(4) facilitates matches of goals and priorities to available funding,
(5) recommends specific, long-range program objectives.
(e) Broadens the information base available to Tribal Council through a Committee representative being present at the Tribal Council meetings. Representatives then disseminate non-confidential information to the Budget Committee for coordination of assignments.
(f) Budget Committee members are assigned by the Tribal Manager with recommendations for the Committee that all department heads participate along with appropriate administration and planning staff.
(g) The Accounting Department will provide the lead facilitation, coordination and clerical support for the Committee.
(h) The Budget Committee will consist of the Tribal Manager, 2 Tribal Council members, 2 community members, 2 key management staff and/or others as appropriate.
2.04.002 Budgeting Ordinance Purpose
The purpose of the budget process is to control the use and expenditures of Skokomish Indian Tribal funds. All Tribal revenues, with the exception of Tribal hard dollars, will be considered in the following budget process. Revenues include, but are not limited to, funds received through the Self-Governance Annual Funding Agreement, federal/state contracts and grants, and private and corporate funding. All funds will be considered in the overall budget planning process for each Tribal department. The following fiscal year budget process in no way supersedes regulations and guidelines defined for each specific agency/organization from which the Tribe receives funds other than those identified in the Self Governance Annual Funding Agreement. In addition, the budget process will assist in establishing Tribal priorities for each fiscal year.
It is the policy of the Skokomish Indian Tribe to develop a budget process which identifies all revenues, and use of restricted and unrestricted funds based on anticipated program expenditures. An annual fiscal year budget shall be prepared, reviewed, adopted, and amended as outlined in the budget process below.
Authorities and Responsibilities
2.04.010 Skokomish Indian Tribe
The Tribal Council has the authority and responsibility to establish priorities for needed and desired programs and facilities. The Tribal Council has the authority to approve, adopt, and amend the annual fiscal year budget and budget process. The Tribal Council is responsible for overseeing and reviewing actual expenditures and budget variances throughout the fiscal year. Additionally, the Tribal Council has the authority to ensure compliance with the budget process.
2.04.011 Tribal Manager
The Tribal Manager has the responsibility to match the most readily available sources of financial support with the highest priority projects as established by the Tribal Council. The Tribal Manager is responsible for reviewing and/or amending all Tribal program budgets including estimated revenue and expenditures to ensure compliance with overall budget guidelines. The Tribal Manager has the authority to modify approved budgets within 25% of each total major budget category without Tribal Council approval. The Tribal Manager shall report to the Council all requested or proposed modifications to the approved budget as well as justifications for these proposed changes.
2.04.012 Budget Committee
The Budget Committee, which is comprised of Department Directors, Tribal Council members, community members, and the Self-Governance Coordinator, is responsible for drafting and submitting annual program budgets to the Tribal Manager. It is the responsibility of the Budget Committee to review historical financial data, forecasted data, and other information deemed necessary in proposing annual fiscal year program budgets. The Budget Committee shall submit proposed budget recommendations to the Tribal Manager for his or her input and approval. Upon approval, budgets will then be presented to the Tribal Council for any program changes, long-range planning goals, and necessary budget modifications.
2.04.013 Department Directors
All Department Directors have the authority and responsibility to develop annual program budgets based on a consistent format as outlined in this budget process. Department Directors include the Education Director, Tribal Operations Director, Tribal Accountant, Health Administrator, Community Service Director, Natural Resources Director and other key management staff appropriate to the budgeting process. Annual budgets shall include program description and anticipated activities for the upcoming finding cycle, anticipated in item expenditures, and budget justifications. The Tribal Accountant and the Tribal Manager shall provide technical assistance and financial information to Department Directors as needed in order for Department Directors to prepare their budgets.
2.04.014 Self Governance Coordinator
It is the responsibility of the Self Governance Coordinator to coordinate overall program budgets incorporating all information received from each Department Director. The Self Governance Coordinator shall provide annual federal/BIA funding information and assure that all program budgets are prepared and calculated based on the Tribe's negotiated Self Governance Annual Funding Agreement, Congressional appropriations, and any supplemental funding that may be received. Information on these funding sources will be discussed and provided to the Budget Committee and incorporated into the final budgets and subsequent modifications to be recommended to the Tribal Manager and the Tribal Council.
2.04.015 Accounting Department
It is the responsibility of the Accounting Department to maintain and adhere to all budget policies and procedures as adopted and approved by the Tribal Council. The Tribal Accountant will provide monthly financial statements detailing actual expenditures versus budgeted amounts and provided line item variances. The Tribal Manager will monitor and analyze expenditures and will review variances with Department Directors. Additionally, the Tribal Manager will provide technical direction to the Self Governance Coordinator in the preparation of all budget packages. The Accounting Department is authorized to pay only those obligations as outlined in the approved budget unless directed other wise by the Tribal Manager and/or the relevant Program Director.
Budget Process
The Skokomish Indian Tribe’s fiscal year begins each year on October 1 and ends twelve months later on September 30. The budget process established herein is an ongoing and continuing process involving the Tribal Council, Tribal Manager, the Budget Committee, the Self Governance Coordinator, and individual Department Directors. The budget process as outlined shall be approved in a formal Resolution by the Skokomish Tribal Council.
2.04.020 Assessment of Program Needs/Fiscal Year Preliminary Budget Planning
Department Directors begin evaluating their needs for the upcoming fiscal year by early May prior to the start of the new fiscal year. The Self Governance Coordinator and Tribal Manager share summaries and data from the previous fiscal years with each Department Director. Department Directors assess current program needs using past and current trends as well as long-range planning guides. Long-range planning strategies will be used to determine ways in which each program can continue to further both departmental and overall tribal goals.
The Self Governance Coordinator is responsible for reviewing prior fiscal year quarterly reports and the baseline measures reports to compile program information to assist in defining needs for the next fiscal year budget planning process. This activity will require personal interviews with Department Directors as well as joint discussions in analyzing this data. A written analysis will be developed to use as a tool in planning for the next fiscal year.
The Budget Committee will then meet to discuss anticipated needs in a budget planning session. This will include readdressing overall goals and whether specific program goals help further Tribal goals. Successes and failures of each program will be analyzed to come up with a positive approach for the next year. These activities will be completed by mid-June.
2.04.021 Self Governance Annual Funding Agreement
Negotiations between the Office of Self Governance and Tribal representatives for the next fiscal year’s Self Governance funding amount are scheduled during the months of April and May. It is the responsibility of the Tribal Chairman, Tribal Manager and the Self Governance Coordinator to review the BIA Budget Justification document distributed each fiscal year to ensure that the Tribe’s Self Governance funding is accurately identified. Additionally, it is the responsibility of the Tribal Chairman, Tribal Manager, and the Self Governance Coordinator to review additional funding to which the Tribe may be entitled and to keep informed regarding those programs which the BIA has retained under Self Governance relevant to the Skokomish Indian Tribe in preparation for these annual negotiations.
The Self-Governance Coordinator will begin the planning and research for the Annual Funding Agreement negotiations no later than March of each fiscal year. The Self Governance Coordinator will provide the Tribal Chairman and the Tribal Manager with all relevant Tribal and BIA budget information to ensure successful negotiations. Final negotiations, as defined in the Tribe’s Self Governance Compact, must be completed by June 30th. Once negotiations are complete, a final version of the next fiscal year’s Annual Funding Agreement is drafted by the Self Governance Coordinator and reviewed by the Office of Self Governance. When funding figures are jointly confirmed both by U.S. Department of Interior ant the Tribe, the Assistant Secretary for Indian Affairs signs the agreement in conjunction with the Tribal Chairman.
2.04.022 Preparation of Draft Fiscal Year Program Budgets
Each Program Director shall prepare preliminary program budgets for the upcoming fiscal year based on prior years’ financial information, estimation of all grants/contracts, information obtained throughout the program needs assessment, and the availability of funding throughout the program needs assessment, and the availability of funding as finalized in the Tribe’s Self Governance Annual Agreement. Using the prior year’s final budget as a base, two budget scenarios are prepared utilizing 90% and 110% of prior year’s revenues. Historical financial data and technical assistance will be provided by the Accounting Department regarding staff wages, fringe, and program fixed costs such as leases and insurance.
Budgets for continuing contracted programs (excluding Self Governance funds) will be estimated through communication with the funding agency. Programs which do not operate on a fiscal year calendar will be analyzed in order to prepare an estimate of the amount of carryover into the next fiscal year. Estimates of new programs which will commence in the succeeding fiscal year will be incorporated into the draft program budgets if they have received final approval by the funding agency and/or have a high probability of receipt of funding.
These draft budgets will include in item dollar amounts, budget justifications, identification of any restricted funds, key personnel, program functions, and goals and objectives. All draft budgets will be prepared and completed by the end of July.
(See Exhibit A on the following page for an outline of the Budget Summary/Program Description.)
Exhibit A
Proposed Program Budget & Summary for FY___
Department:
Department Director:
Program Goals and Objectives for Upcoming Fiscal Year:
(Include specific program tasks and activities)
Key Personnel:
Proposed Line Item Budget Request:
| Status Quo | Priority 1 | Priority 2 | |
|
Salaries |
$ | $ | $ |
| Fringe | |||
| Travel | |||
| Supplies | |||
| Equipment | |||
| Consultants | |||
| Other Costs: | _______________ | _______________ | _______________ |
| (Provide detail) | |||
| TOTAL PROPOSED BUDGET | $ | $ | $ |
>include written budget justifications for above expenditures.
The above information should be submitted to the Self Governance Coordinator no later than 7/30/XX
Indirect Cost Rate Proposal:
The Indirect Cost Rate Proposal will be submitted to the Office of the Inspector General by the end of the third quarter of the current fiscal year or by the agency’s established due date. All Department Directors will be notified of the proposed rate in order to request the correct amount of indirect costs with other Federal/State grant and contract budgets.
The Accounting Department, along with input from the Director of Tribal Operations will estimate administrative overhead costs for the next fiscal year and review these estimates with the Tribal Manager. Utilizing this expense projection, the findings of the audit for the previous fiscal year, and the estimated total grant and contract revenues, the Accounting Department will prepare an indirect cost rate proposal. The proposal document must be reviewed by the Tribal Manager and approved by the Tribal Council prior to submission to the Inspector General. Upon approval of the Tribe’s indirect cost rate, Department Directors will be notified of the final indirect cost rate.
2.04.023 Review of Proposed Budgets
Upon completion of draft budgets by all Department Directors, the Budget Committee will meet in August to review overall needs, funding availability to meet those needs, and proposed program budgets. Modifications to proposed budgets will be discussed, and recommendations by the Budget Committee will be incorporated by the Self Governance Coordinator, with technical direction from the Tribal Manager into a preliminary overall program budget package. This package will be prepared and presented to the Tribal Council by mid-August.
The Tribal Manager will review the preliminary budget package. Any additional modifications and changes will be incorporated prior to presentation to the Tribal Council. A special Tribal Council Budget Session will be scheduled by the Self Governance Coordinator no later than the end of August to review the budget packets. Each Program Director will give a presentation to the Council on targeted needs. Once program presentations are complete, the Tribal Council meets and discusses priorities. Council recommendations are given to the Self Governance Coordinator.
The Self Governance Coordinator compiles the information and recommendations provided by the Tribal Council into a revised budget package. The new budget proposal is then shared with the Department Directors in preparation for a final Budget Committee session. The Budget Committee will review final budget package and provide input on Council recommendations.
2.04.024 Approval of Final Preliminary Budget
The Final Self Governance budget package will be presented to the Tribal Council prior to the beginning of the fiscal year for their review. A final budget must be approved and in place by October 1. The budget will be based on funding that has been identified in the Tribe’s current fiscal year Self Governance Annual Funding Agreement, but may not include additional appropriations, supplemental funding, and/or carryover funds.
Budget Modifications and Amendment
Budget modifications and amendments may be made throughout the fiscal year to the approved preliminary budgets. Modifications may include, but are not limited to, the identification of increased or decreased funding, finalization of the indirect cost rate, and/or unanticipated program expenditures.
2.04.030 Formal Budget Modifications
Additional funding may be identified in the annual Congressional Appropriations Act which is passed by the United States Congress. The passage of the Act varies from year to year as both the House and Senate are required to agree on the federal budget during the Joint Conference that usually occurs in September. The process is completed no later than the end of November.
Once the Appropriations Act is passed, the Budget Committee can then begin planning for any budget modifications or recommendation to the Tribal Manager. Planning focuses around changes such as budget reduction amounts, additional Congressional appropriations, supplemental/shortfall funds, pay cost increases, and the final figure for the Tribe’s Self Governance lump sum funding.
The Self Governance Coordinator is responsible for developing a document outlining the additions and/or reductions to the Compact/Annual Funding Agreement and providing this information to the Budget Committee. The Self Governance Coordinator will then schedule a special Budget Committee meeting, distributing the new funding information to Department Directors and the Tribal Manager in advance for their review. The Budget Committee will meet to discuss changes and modifications to the overall budget for recommendation to the Tribal Council. The Self Governance Coordinator revises the modified budget package as recommended and schedules the budget to be presented to the Tribal Council at the next regularly scheduled Council meeting for final approval.
Additional funding may also be identified upon completion of the Tribe’s prior year’s annual audit in mid-December. "Carryover" funds which are not previously obligated will be considered unrestricted and will be reallocated and included in a budget modification. Recommendations for use of these funds will follow the same budget process as outlined above.
All above budget modifications of this nature will be considered formal budget amendments and must be approved by the Tribal Council.
2.04.031 Tribal Manager Discretionary Clause
The Tribal Manager may move funds from one budget line item to another, and from one major program to another, in an amount not to exceed 25% for each major program, without the approval of the Tribal Council. This type of modification will be done in coordination with the affected Program Director(s) to ensure budget and planning stability and program coordination. In the case where reprogramming adjustments exceed 25%, a formal budget modification must be presented and approved by the Tribal Council.
2.04.032 Minor Budget Modifications
A minor modification is defined as a line item adjustment within any department budget which exceeds 15% of that line item, but does not increase the amount of the total approved program budget. No budget modification is necessary for any line item variance which does not exceed 15%. The Tribal Manager, Department Directors, and others assigned budget responsibilities have authority to make minor budget modifications. Minor budget modifications do not require Tribal Council approval, but must be approved by the affected Department Director and recorded by the Accounting Department. All minor modifications will be noted and reflected in the monthly program financial reports. Department Directors may make no more than three minor modifications to their program throughout the fiscal year, after which a formal modification will be required with Tribal Council approval.
Special Provisions
2.04.040 Budget Monitoring and Reporting
The Accounting Department and/or the Tribal Manager have the responsibility for maintaining and monitoring the budget and expenditures including the recording of all modifications. Except for the authority as stated in this ordinance, these persons do not have management, administrative, or legislative authority in the budget process.
Monthly financial reports will be prepared by the Accounting Department and distributed to the Tribal Manager and all Department Directors within 30 days of the end of the reported month. Monthly financial reports will include budget amounts, actual expenditures, and line item variances. All Department Directors will review the reports and inform the Tribal Accountant of any problems or discrepancies within 10 days of receiving the report. This will allow the Accounting Department sufficient time to remedy any incorrect postings, or prepare any necessary budget modifications. All budget modifications shall follow the guidelines as established above.
The Budget Committee, along with the Tribal Manager, will semi-annually review current year-to-date expenditures, and discuss any emergency over-expenditures, under-expenditures, unbudgeted expenditures, and other deviations form the originally proposed budget and program summary. If necessary, recommendations for budget modifications will be made to the Tribal Manager and/or Tribal Council.
2.04.041 Limitations
Nothing contained in the Budget Process section of the Skokomish Indian Tribe Budgeting Ordinance is intended to limit the authority of the Tribal Council and is restricted to the specific procedures described herein.
2.04.042 Amendment Process
Any changes or amendments to the above process must be presented in writing to the Tribal Manager. These amendments must be reviewed and approved by the Tribal Council. Such revisions or amendments will be accompanied by instructions for removing outdated policies and replacing them with the updated version. It is the responsibility of the Tribal Manager to review this process on a continuing basis and in response to the changing needs and conditions of the Tribal organization.
2.04.043 Budget Process Timeline
Fiscal Year:
October 1, 20 __ to September 30, 20___
December
Budget Committee and department review previous fiscal year's budget and 1st quarter of new fiscal year's budget to measure compliance and other issues. Departments carry out community assessments of their particular areas.
January
Departments begin to develop budget needs and priority plans. First Budget Public Hearing held.
February
Budget Committee and Tribal Council review departmental and administrative needs and priority information and set next fiscal year's priorities. Departments begin draft budgets. Second Budget Public Hearing held.
March
Budget Committee and Tribal Council establish revenue budget and review Self Governance and 638 tribal share information. Budget Committee consolidates draft and revenue budgets and posts the final draft budget. Third Budget Public Hearing is held.
April
Budget Committee makes any budget adjustments and proposes final budget to Tribal Council along with annual Self Governance Funding Agreement. Final Public Hearing is held and Tribal Council approves final budget with any changes.
May
Negotiations begin between the Tribe and the Department of the Interior on next year's fiscal Self Governance Funding Agreement. Indirect cost rate agreement and previous year audit is completed and reviewed by the Budget Committee and Tribal Council. Indirect cost rate agreement approved and submitted to IG’s Office.
June
Final Self Governance Funding Agreement approved and forwarded to BIA for 90 day public comment.
September
Self Governance Funding Agreement signed between Tribe and BIA.
Adopted by Ordinance Number: 77-1 (February 7, 1977)
Amended by Resolution No. 80-52 (September 12, 1980)
Preamble
Pursuant to the Authority vested in the Skokomish Indian Tribe by its Constitution, and particularly by Article Sections thereof, and its Authority to provide for the health, safety, morals and welfare of the Tribe, the Tribal Council of the Skokomish Indian Tribe hereby amends its prior ordinance number 75-1, dated April 23, 1975 which established a public body known as the Southern Puget Sound Housing Authority (hereinafter referred to as the Authority), and enacts this ordinance in order further to charter the Authority jointly with other participating Indian Tribes, Bands, Communities, or Groups and to establish the purposes, powers and duties of the Authority.
In any suit, action, or proceeding involving the validity or enforcement of or relating to any of its contracts, the Authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this or its prior ordinance by this and other signatory Indian tribes, Bands, Communities or Groups. A copy of the ordinance duly certified by the Secretary of the Council shall be admissible in evidence in any suit, action or proceeding.
General Provisions
2.05.001 Declaration of Need
It is hereby declared:
(a) That here exists on the Skokomish Indian Reservation unsanitary, unsafe and overcrowded dwelling accommodations; that there is a shortage of decent, safe and sanitary dwelling accommodations available at rents or prices which persons of low income can afford; and that such shortage forces such persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations;
(b) That these conditions cause an increase in and spread of disease and crime and constitute a menace to health, safety, morals and welfare; and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities;
(c) That the shortage of decent, safe and sanitary dwellings for persons of low income cannot be relieved through the operation of private enterprises;(d) That the providing of decent, safe and sanitary dwellings for persons of low income are public uses and purposes for which money may be spent and private property acquired and are governmental functions of Tribal concern;
(e) That residential construction activity and a supply of acceptable housing are important factors to general economic activity, and that the undertakings authorized by this ordinance to aid the production of better housing and more desirable neighborhood and community development at lower costs will make possible a more stable and larger volume of residential construction and housing supply which will assist materially in achieving full employment; and
(f) That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.
The Authority shall be organized and operated for the purposes of:
a. Remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety and morals;
b. Alleviating the acute shortage of decent, safe and sanitary dwellings for persons of low income; and
c. Providing employment opportunities through the construction, reconstruction, improvement, extension, alteration or repair and operation of low income dwellings.
2.05.003 Definitions
The following terms, wherever used or referred to in this ordinance, shall have the following respective meanings, unless a different meaning clearly appears from the context:
(a) "Area of Operation" means all areas within the jurisdiction of the Tribe.
(b) "Board" means the Board of Commissioners of the Authority.
(c) "Council" means the Skokomish Tribal Council.
(d) "Federal government" includes the United States of America, the Department of Housing and Urban Development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.
(e) "Homebuyer" means a person(s) who has executed a lease-purchase agreement with the Authority, and who has not yet achieved homeownership.
(f) "Housing project" or "project" means any work or undertaking to provide, or assist in providing (by any suitable method, including but not limited to: rental; sale of individual units in single or multifamily structures under conventional, condominium, or cooperative sales contracts or lease-purchase agreements; loans; or subsidizing of rentals or charges) decent, safe and sanitary dwellings, apartments, or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, leaseholds, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, for streets, sewers, water service, utilities, parks, site preparation or landscaping, and for administrative, community, health, recreational, welfare, or other purposes. The term "housing project" or "project" also may be applied to the planning of the buildings and improvements, the acquisition of property or any interest therein, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work in connection therewith, and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.
(g) "Obligations" means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance.
(h) "Obligee" includes any holder of any obligation, agent or trustee for any holder of an obligation, or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor’s interest or any part thereof, and the Federal government when it is a party to any contract with the Authority in respect to a housing project.
(i) "Persons of low income" means persons or families who cannot afford to pay enough to cause private enterprise in their locality to build an adequate supply of decent, safe, and sanitary dwellings for their use.
(j) "Tribe (Tribal)" means any Indian Tribe, Band, Community, or Group signatory to this ordinance.
Board of Commissioners
2.05.010 Organization
(a)
(1)
(A) The affairs of the Authority shall be managed by a Board of Commissioners composed of two persons form each signatory Tribe.
(B) The Board members shall be appointed, and may be reappointed, by the Council. A certificate of the Secretary of the Council as to the appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment of the Commissioner. An Alternate shall also be appointed for each Commissioner and shall have all the rights, duties and responsibilities of the principal in his absence. It shall be the responsibility of the Board to insure Alternate Commissioners are kept informed of Authority operations and development plans.
(C) A Commissioner may be a member or a non-member of the Tribe and may be a member or a non-member of the Tribal Council.
(D) No person shall be barred from serving on the Board because he is a tenant or homebuyer in a housing project of the Authority; and such Commissioner shall be entitled to fully participate in all meetings concerning matters that affect all of the tenants or homebuyers, even though such matters affect him as well. However, no such Commissioner shall be entitled or permitted to participate in or be present at any meeting (except in his capacity as a tenant or homebuyer), or to be counted or treated as a member of the Board, concerning any matter involving his individual rights, obligations or status as a tenant or homebuyer.
(2) The term of office shall be four years and staggered. When a Tribe's Commissioners are first appointed to the Board, one member's term shall be designated to expire in two years and the other to expire in four years. Thereafter, all appointments shall be for four years, except that in the case of a prior vacancy, an appointment shall be only for the length of the unexpired term. Each member of the Board shall hold office until his successor has been appointed and has qualified.
(3) The Board shall elect from among its members a Chairman, Vice-Chairman, a Secretary, and a Treasurer. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and Vice-Chairman , the Secretary shall preside.
(4) A member of the Board may be removed by the Board by a two-thirds majority of the full Board (i.e., notwithstanding the existence of any vacancies) for serious inefficiency or neglect of duty or for misconduct in office, but only after a hearing before the Board and only after the member has been given a written notice of the specific charges against him at least 10 days prior to the hearing. At any such hearing, the member shall have the opportunity to be heard in person or by counsel and to present witnesses in his behalf. In the event of removal of any Board member, a record of the proceedings, together with the charges and findings thereon, shall be filed with the appointing power and the Board and a copy thereof sent to the appropriate office of the Department of Housing and Urban Development.
(5) The appointing power may request removal of a member of the Board by submitting a duly certified Tribal Resolution to the Board.
(6) The Commissioners shall not receive compensation for their services but shall be entitled to compensation for expenses, including travel expenses, incurred in the discharge of their duties.
(7) One-half of the full Board (i.e., notwithstanding the existence of any vacancies) shall constitute a quorum for the transaction of business, but no Board action shall be taken by a vote of less than a majority of such quorum.
(8) The secretary shall keep complete and accurate records of all meetings and actions taken by the Board.
(9) The treasurer shall keep full and accurate financial records, make periodic reports to the Board and submit a compete annual report, in written form, to the Council as required by Section 2.05.013 (a) of this ordinance.
(b) Meetings of the Board shall be held at regular intervals as provided in the bylaws. Emergency meetings may be held upon 24 hours actual notice and business transacted, provided that not less than a majority of a quorum concurs in the proposed action.
2.05.011 Powers
(a) The Authority shall have perpetual succession in its corporate name.
(b) The Council hereby gives its irrevocable consent to allowing the Authority to sue and be sued in its corporate name, upon any contract, claim or obligation arising out of its activities under this ordinance and hereby authorizes the Authority to agree by contract to waive any immunity from suit which it might otherwise have; but the Tribe shall not be liable for the debts or obligations of the Authority.
(c) The Authority shall have the following powers which it may exercise consistent with the purposes for which it is established:
(1) To adopt and use a corporate seal.
(2) To enter into agreements, contracts, and understandings with any governmental agency, federal, states, or local (including the Council) or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to federal financial assistance.
(3) To agree, notwithstanding anything to the contrary contained in this ordinance or in any other provision of law, to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or operation of projects; and the Authority may include in any contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid to the project.
(4) To obligate itself, in any contract with the Federal government for annual contributions to the Authority, to convey to the Federal government possession of or title to the project to which such contract relates, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the Authority is subject; and such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the project and funds in accordance with the terms of such contract: PROVIDED, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the Authority the project as then constituted.
(5) To lease property form the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.
(6) To borrow or lend money, to issue temporary or long-term evidence of indebtedness, and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Section 2.05.012 of this ordinance.
(7) To pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.
(8) To purchase land or interests in land or take the same be gift; to lease land or interests in land to the extent provided by law.
(9) To undertake and carry out studies and analyses of housing needs, to prepare housing plans, to execute the same, to operate projects and to provide for the construction, reconstruction, improvement, extension, alteration or repair of any project or any part thereof.
(10) With respect to any dwellings, accommodations, lands, buildings, or facilities embraced within any project (including individual cooperative or condominium units): to lease or rent, sell, enter into lease-purchase agreements or leases with option to purchase; to establish and revise rents or required monthly payments; to make rules and regulations concerning selection of tenants or homebuyers, including the establishment of priorities, and concerning the occupancy, rental, care and management of housing units; and to make such further rules and regulations as the Board may deem necessary and desirable to effectuate the powers granted by this ordinance.
(11) To finance purchase of a home by an eligible homebuyer in accordance with regulations and requirements of the Department of Housing and Urban Development.
(12) To terminate any lease or rental agreement or lease-purchase agreement when the tenant or homebuyer has violated the terms of such agreement, or failed to meet any of its obligations thereunder, or when such termination is otherwise authorized under the provisions of such agreement; and to bring action for eviction against such tenant or home-buyer.
(13) To establish income limits for admission that insure that dwelling accommodations in a housing project shall be made available only to persons of low income.
(14) To purchase insurance in any stock or mutual company for any property or against any risks or hazards.
(15) To invest such funds as are not required for immediate disbursement.
(16) To establish and maintain such bank accounts as may be necessary or convenient.
(17) To employ an executive director, technical and maintenance personnel and such other officers and employees, permanent or temporary, as the Authority may require; and to delegate to such officers and employees such powers or duties as the Board shall deem proper.
(18) To take such further actions as are commonly engaged in by public bodies of this character as the Board may deem necessary and desirable to effectuate the purposes of the Authority.
(19) [Reserved]
(20) To join or cooperate with any other public housing agency or agencies operating under the laws or ordinances of a state or another Tribe in the exercise, either jointly or otherwise, of any or all of the powers of the Authority and such other public housing agency or agencies for the purpose of financing (including but not limited to the issuance of notes or other obligations and giving security therefore), planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects of the Authority or such other public housing agency or agencies. For such purpose the Authority may by resolution prescribe and authorize any other public housing agency or agencies so joining or cooperating with the Authority to act on the Authority’s behalf with respect to any or all powers, as the Authority’s agent or otherwise, in the name of the Authority or in the name of such agency or agencies.
(21) To adopt such bylaws as the Board deems necessary and appropriate.
(d) The Authority shall be authorized to admit other Indian Tribes upon the following conditions: That such entering Tribe shall adopt each and every provision of this ordinance, its amendments subsequent hereto, or successor ordinances; and that the addition shall have received the approval of the Department of Housing and Urban Development and any other necessary federal agencies.
(e) No tribe shall withdraw from the Authority except on the following conditions: That the Authority shall have consented thereto and that the withdrawal shall have been approved by the Department of Housing and Urban Development and any other necessary federal agencies.
(f) The Authority shall be authorized to accept the transfer and absorption of any existing housing project covered by an annual contributions contract and to accept assignment of all rights and obligations under said contract. Any such transfer, absorption or merger may be accomplished only with the prior approval of the Department of Housing and Urban Development.
(g) It is the purpose and intent of this ordinance to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any project by the Authority.
(h) No ordinance or other enactment of the Tribe with respect to the acquisition, operation, or disposition of Tribal property shall be applicable to the authority in its operations pursuant to this ordinance
(i) All projects of the Authority located on an Indian Reservation shall be subject to the planning, zoning, sanitary, and building ordinances and regulations of that Reservation's governing body. All other projects shall observe the ordinances and regulations of the locality in which they are situated.
2.05.012 Obligations
(a) The Authority may issue obligations from time to time in its discretion for any of its corporate purposes and may also issue refunding obligations for the purpose of paying or retiring obligations previously issued by it. The Authority may issue such types of obligations as it may determine, including obligations on which the principal and interest are payable:
(1) Exclusively from the income and revenues of the project financed with the proceeds of such obligations, or with such income and revenues together with a grant from the federal government in aid of such project;
(2) Exclusively from the income and revenues of certain designated projects, whether or not they were financed in whole or in part with the proceeds of such obligations; or
(3) From its revenues generally.
Any of such obligations may be additionally secured by a pledge of any revenues of any project or other property of the Authority.
(b) Neither the Commissioners of the Authority nor any person executing the obligations shall be liable personally on the obligations by reason of issuance thereof.
(c) The notes and other obligations of the Authority shall not be a debt of the Tribe and the obligations shall so state on their face.
(d) Obligations of the Authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes imposed by the Tribe. The tax exemption provision of this ordinance shall be considered part of the security for the repayment of obligations and shall constitute, by virtue of this ordinance and without necessity of being restated in the obligations, a contract between (1) the Authority and the Tribe, and (2) the holders of the obligations and each of them, including all transferees of the obligations from time to time.
(e) obligations shall be issued and sold in the following manner:
(1) obligations of the Authority shall be authorized by a resolution adopted by the vote of a majority of a quorum and may be issued in one or more series.
(2) The obligations shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payments and at such places, and be subject to such terms of redemption, with or without premium, as such resolution may provide.
(3) The obligations may be sold at public or private sale at not less than par.
(4) In case any of the Commissioners of the Authority whose signatures appear on any obligations cease to be Commissioners, before the delivery of such obligations, the signature shall, nevertheless, be valid and sufficient for all purposes, the same as if the Commissioners had remained in office until delivery.
(f) obligations of the Authority shall be fully negotiable. In any suit, action, on proceeding involving the validity or enforceability of any obligation of the Authority or the security therefore, any such obligation reciting in substance that it has been issued by the Authority to aid in financing a project pursuant to this ordinance shall be conclusively deemed to have been issued for such purpose, and the project for which such obligation was issued shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this ordinance.
(g) In connection with the issuance of obligations or incurring of obligations under leases and to secure the payment of such obligations, the Authority, subject to the limitations in this ordinance, may;
(1) Pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence;
(2) Provide for the powers and duties of obligees and limit their liabilities; and provide the terms and conditions on which such obligees may enforce any covenant or rights securing or relating to the obligations;
(3) Covenant against pledging all or any part of its rents, fees, and revenues or against mortgaging any or all of its real or personal property to which its title or right then exists or may thereafter come into existence or permitting or suffering any lien on such revenues or property;
(4) Covenant with respect to limitations on its right to sell, lease, or otherwise dispose of any project or any part thereof;
(5) Covenant as to what other or additional debts or obligations may be incurred by it;
(6) Covenant as to the obligations to be issued and as to the issuance of such obligations in escrow or otherwise, and as to the use and disposition of the proceeds thereof;
(7) Provide for the replacement of lost, destroyed, or mutilated obligations;
(8) Covenant against extending the time for the payment of its obligations or interest thereon;
(9) Redeem the obligations and covenant for their redemption and provide the terms and conditions thereof;
(10) Covenant concerning the rents and fees to be charged in the operation of a project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues, and as to the use and disposition to be made thereof;
(11) Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes, and covenant as to the use and disposition of the monies held in such funds.
(12) Prescribe the procedure, if any by which the terms of any contract with holders of obligations may be amended or abrogated, the proportion of outstanding obligations the holders of which must consent thereto, and the manner in which such consent may be given;
(13) Covenant as to the use, maintenance and replacement of its real or personal property, the insurance to be carried thereon, and the use and disposition of insurance monies;
(14) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition or obligation;
(15) Covenant and prescribe as to events of default and terms and conditions upon which any or all of its obligations become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;
(16) Vest in any obligees or any proportion of them the right to enforce the payment of the obligations or any covenants securing or relating to the obligations;
(17) Exercise all or any part or combination of the powers granted in this section;
(18) Make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character;
(19) Make any covenants and do any acts and things necessary or convenient or desirable in order to secure its obligations, or, in the absolute discretion of the Authority, tending to make the obligations more marketable although the covenants acts or things are not enumerated in this section.
2.05.013 Miscellaneous
(a) The Authority shall submit an annual report, signed by the chairman of the Board, to the Council showing:
(1) a summary of the year's activities,
(2) the financial condition of the Authority,
(3) the condition of the properties
(4) The number of units and vacancies,
(5) any significant problems and accomplishments,
(6) plans for the future,
(7) Such other information as the Authority or the Council shall deem pertinent.
(b) During his tenure and for year thereafter, no Commissioner, officer, or employee of the Authority, or any member of any governing body of the Tribe, or any other public official who exercises any responsibilities or functions with regard to the project, shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, unless prior to such acquisition, he discloses his interest in writing to the Authority and such disclosure is entered upon the minutes of the Authority, and the Commissioner, officer, or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. If any Commissioner, officer, or employee of the Authority involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as a Commissioner, officer, or employee, the Commissioner, officer, or employee, in such event, shall immediately disclose his interest in writing to the Authority and such disclosure shall be entered upon the minutes of the Authority and the Commissioner, officer or employee shall not participate in any action by the Authority relating to the property or contract in which he has any such interest. Any violation of the foregoing provisions of this section shall constitute misconduct in office. This section shall not be applicable to the acquisition of any interest in obligations of the Authority issued in connection with any project, or to the execution of agreements by banking institutions for the deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services the rates for which are fixed or controlled by a governmental agency, or to membership on the Board as provided in Section 2.05.010(a)(1)(D).
(c) Each project developed under a contract providing for federal financial assistance shall be developed and operated in compliance with all requirements of such contract and applicable federal legislation, and with all regulations and requirements prescribed from time to time by the federal government in connection with such assistance.
(d) The Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers.
(e) The Authority shall not construct or operate any project for profit.
(f) The property of the Authority is declared to be public property used for essential public and governmental purposes and such property and the Authority are exempt from all taxes and special assessments of the Tribe.
(g) All property including funds acquired or held by the Authority pursuant to this ordinance shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the Authority be a charge or lien upon such property. However, the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the Authority on its rents, fees, or revenues or the right of the federal government to pursue any remedies conferred upon it pursuant to the provisions of this ordinance of the right of the Authority to bring eviction actions in accordance with Section 2.05.011(c)(12)
2.05.014 Cooperation in Connection with Project
(a) For the purposes of aiding and cooperating in the planning, undertaking, construction or operation of projects, the Tribal Council agrees that:
(1) It will not levy or impose any real or personal property taxes or special assessments upon the Authority or any project of the Authority.
(2) It will furnish or cause to be furnished to the Authority and the occupants of projects all services and facilities of the same character and to the same extent as the Tribe furnishes from time to time without cost or charge to other dwellings and inhabitants.
(3) Insofar as it may lawfully do so, it will grant such deviations from any present or future building or housing codes of the Tribe as are reasonable and necessary to promote economy and efficiency in the development and operation of any project, and at the same time safeguard health and safety, and make such changes in any zoning of the site and surrounding territory of any project as are reasonable and necessary for the development and protection of such project and the surrounding territory.
(4) It will do any and all things, within its lawful powers, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of projects.
(5) The Tribal Government hereby declares that the powers of the Tribal Government shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations including action through the appropriate courts.
(6) The Tribal Courts shall have jurisdiction to hear and determine an action for eviction of a tenant or homebuyer. The Tribal Government hereby declares that the powers of the Tribal Courts shall be vigorously utilized to enforce eviction of a tenant or homebuyer for nonpayment or other contract violations.
(b) The provisions of this Section shall remain in effect with respect to any project, and said provisions shall not be abrogated, changed, or modified without the consent of the Department of Housing and Urban Development, so long as
(1) the project is owned by a public body or governmental agency and is used for low income housing purposes,
(2) any contract between the Authority and the Department of Housing and Urban Development for loans or annual contributions, or both, in connection with such project remains in full force and effect, or
(3) any obligations issued in connection with such project or any monies due to the Department of Housing and Urban Development in connection with such project remain unpaid, whichever period ends the latest. If at any time title to, or possession of, any project is held by any public body or governmental agency authorized by law to engage in the development or operation of low income housing, including the federal government, the provisions of this section shall inure to the benefit of and be enforced by such public or governmental agency.
(c) In consideration of the services of the Authority and the benefits to be derived therefrom by the members of the Tribe, the Skokomish Tribal Council agrees that this ordinance will not be abrogated, changed, or modified without the consent of the Department of Housing and Urban Development and the Authority.
2.05.015 Approval by Secretary of the Interior
With respect to any financial assistance contract between the Authority and the federal government, the Authority shall obtain the approval of the Secretary of the Interior or his designee.
Adopted by Resolution No. 82-52 (December 8, 1982)
General Provisions
2.06.001 Title
This ordinance shall be known as the Eviction Procedures Ordinance for the Skokomish Indian Tribe
2.06.002 Jurisdiction
The provisions of this ordinance shall apply to all persons and property subject to the governing authority of the tribe as established by the tribal constitution and by the laws of the United States.
2.06.003 Definitions
(a) Tribe shall refer to the Skokomish Indian Tribe as defined in the tribal constitution.
(b) Tribal Court shall mean the tribal court as established by the laws of this tribe or such body as may now or hereafter be authorized by the laws of this tribe to exercise the powers and functions of a court of law.
(c) Lessor shall refer to the tribe, IHA and to any other person or entity who shall have an interest in real property which for a limited time has been leased or rented to another; and the term lessor shall include an Indian Housing Authority which has leased real property under a Mutual Help and Occupancy Agreement or other similar arrangement whereby the tenant may on certain conditions obtain ownership of the occupied property at the end of occupancy under the agreement
(d) Tenant shall mean any person who occupies real property under a lease, rental agreement, or other agreement with a lessor as defined in this ordinance.
(e) Unlawful Detainer Action shall be a suit brought before the Tribal Court to terminate a Tenant's interest in real property and/or to evict any person from occupancy of real property.
(f) Writ of Restitution is an order of the tribal court (1) restoring an owner or lessor to possession of real property and (2) evicting a tenant or other occupant therefrom.
(g) Nuisance is the maintenance on real property of a condition which: (1) unreasonably threatens the health or safety of the public or neighboring land users; or (2) unreasonably and substantially interferes with the ability of neighboring property users to enjoy the reasonable use and occupancy of their property.
(h) Waste is spoil or destruction by a tenant of lands, buildings, gardens, trees or other improvements which results in substantial injury to the lessor's interest in the property
(i) Gender; singular and plural. Reference to persons by terms denoting one sex shall be taken as referring to either sex. Reference to persons by a term denoting the singular shall include the plural.
Eviction Procedures
2.06.010 Unlawful Detainer
A tenant or other occupier of land shall be guilty of unlawful detainer if such person shall continue in occupancy of real property under any of the following situations:
(a) Without the requirement of any notice:
(1) After the expiration of the term of the lease or other agreement; or
(2) If such person has entered onto or remains on the real property of another without the permission of the owner and without having any substantial claim of a lease or to title of the property; or
(3) After an Indian Housing Authority or other public housing authority has terminated such person's tenancy pursuant to procedures providing such person a hearing before the housing authority involved; or
(b) After having received thirty days' notice, the tenant or occupier shall remain in possession of the property contrary to the terms of the notice, as follows:
(1) When such person has received notice:
(A) that he is in default in the payment of rent and
(B) requiring him in the alternative to pay the rent or surrender possession of the occupied property; and such person has remained in possession after receipt of such notice without either surrendering the possession of the property or paying the rent; or
(2) When the lease of the property is for an indefinite time, with rent to be paid monthly or by some other period, and the lessor has given notice of termination of the tenancy at least thirty days prior to the end of such month or period; or
(3) When such person shall continue to fail to keep or perform any condition or covenant of the lease or agreement under which the property is held after he has been given notice to either perform such condition or covenant or to surrender the property; or
(4) When such person continues to commit or to permit waste upon or maintain a nuisance upon the occupied property after having been given notice in the alternative either to cease such waste or maintenance of nuisance or to surrender the property.
2.06.011 Procedure for Service of Notice
Notices required or authorized in the immediately preceding section shall be given in writing by either:
(a) Delivering a copy personally to the tenant or to any adult member of his family residing on the premises; or
(b) Posting said notice in a conspicuous place near the entrance to the said premises and by sending an additional copy to the tenant by certified mail, return receipt requested, properly addressed, postage prepaid.
Proof of service by either of the above methods may be made by affidavit of any adult person stating that he or she has complied fully with the requirements of one of the two methods of service.
2.06.012 Complaint and Summons
The owner of real property or lessor shall commence an action for unlawful detainer by filing with the court in writing the following documents:
(a) A complaint, signed by the owner, lessor, an agent or attorney, stating:
(1) the facts on which he seeks to recover;
(2) describing the property so it can be identified with reasonable certainty; and
(3) any claims for damages or compensation due from the person to be evicted; and
(b) A summons issued as in other cases requiring the defendants to appear for a trial upon the complaint on a date and time specified in the summons. The trial date specified in the summons shall be not less than six nor more than thirty days from the date of service of the summons and complaint. The summons must notify the defendants that judgment will be taken against them in accordance with the terms of the complaint unless they file with the court an answer and appear for trial at the time, date and place specified in the summons.
2.06.013 Service of Summons and Complaint
A copy of the summons and complaint shall be served upon the defendants in the manner provided by the tribal court rules for service of process in civil matters. In the absence of such tribal court rules, the summons and complaint shall be served by one of the methods authorized in Section 5 above.
2.06.014 Power of the Tribal Court
The tribal court shall enter a Writ of Restitution if:
(a) Notice of suit and trial is given by service of summons and complaint n accordance with the procedure provided in this ordinance; and
(b) The tribal court shall find that the occupier of real property is guilty of an act of unlawful detainer.
Upon issuance of a Writ of Restitution, the tribal court shall have authority to enter against the defendants a judgment for the following: back rent; unpaid utilities; charges due the tribe, Indian Housing Authority or landowner under any lease or occupancy agreement; and for damages caused by the defendants to the property other than ordinary wear and tear. The tribal court shall have authority to award to the prevailing party his costs and reasonable attorneys' fees in bringing the suit.
2.06.015 Enforcement
Upon the issuance of a Writ of Restitution by the tribal court, tribal law enforcement officers shall enforce the Writ of Restitution by evicting the defendants and their property from the premises which are unlawfully occupied.
2.06.016 Alternate Remedies
In those cases in which the persons or property are subject to the jurisdiction of the courts of the State of Washington or the United States, the remedies and procedures provided by this ordinance are in the alternative to the remedies and procedures provided by the laws of the State of Washington or the United States.
SKOKOMISH TRIBAL UTILITY ORDINANCE
Adopted by Resolution No. 92-100 (December 2, 1992)
General Provisions
2.07.001 Title and Date
This ordinance shall be titled: Skokomish Tribal Utility Ordinance. The ordinance shall become immediately effective upon enactment of a resolution for adoption by the Skokomish Tribal Council.
2.07.002 Purpose
The purpose of the Skokomish Tribal Utility Ordinance is to define the policies, establish an organization and identify the necessary rules and regulations for:
(a) the operation, maintenance and management of the various public utilities located on the Skokomish Indian Reservation.
2.07.003 Policy
It shall be the policy of the Skokomish Indian Tribe to operate, maintain and manage the public utilities and services on the Skokomish Indian Reservation so that the community residents are provided with a high level of service designed to minimize exposure to adverse conditions which could negatively impact the physical and environmental health of any individual or the community. It shall also be the policy of the Skokomish Indian Tribe that the operation, maintenance and management of the public utilities and services shall be carried out through an efficient program and in a financially responsible cost effective and self-sufficient manner.
2.07.004 Jurisdiction
The authority to establish a Tribal Utility Program and to levy appropriate user fees to all residents and organizations operating on the Skokomish Indian Reservation is provided in Sections 2.07.040 through 2.07.054 of this Ordinance and Article I, Section 1 of the Constitution of the Skokomish Indian Tribe.
Definition of Terms
2.07.010 General
Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be set forth in Sections 2.07.010 through 2.07.027 of this Ordinance.
2.07.011 Appurtenances
"Appurtenances" are the real and personal property owned by the Utility Program of the Tribe located on, near or under the roadways and streets, such as fire hydrants and valves.
2.07.012 Customer
"Customer" means a person, business, agency or other organization that uses, is entitled to use, or is obligated to pay for the use or receipt of services from the Utility Program.
2.07.013 Customer Lines
"Customer Lines" are the potable water lines and sanitary sewer lines immediately adjacent to, inside of, or under a customer's residence or other building or property, which are either connected to utility service lines or are maintained by the customer separately from utility service lines.
2.07.014 Distribution System Lines
"Distribution System Lines" are those potable water lines maintained by the Utility Program by which water utility services are provided to customers.
2.07.015 Meter
"Meter" is a device, owned by the Utility Program, for measuring the amount of water services provided to a particular customer. At this time not all of the houses on the community water system are metered.
2.07.016 Manager
"Manager" shall mean an individual hired by or appointed by the Utility Board to oversee and manage the operation of the Utility Program
2.07.017 Operator
"Operator" shall mean an individual hired by or appointed by the Utility Board to oversee and manage the operation of the Utility Program.
2.07.018 On-site Sewage Treatment and Disposal Systems
"On-site sewage treatment and disposal systems" shall mean individual or community septic tanks and subsurface drain fields and associated appurtenances that collect, treat and dispose of liquid waste generated by customers, which are maintained and operated by the Utility Program.
2.07.019 Off-Reservation
"Off-reservation" is any area located outside of the exterior boundaries of the Skokomish Indian Reservation (please refer to map of Tribal boundaries).
2.07.020 Regulation
"Regulation" is a rule of law or procedure duly adopted by the Utility Board for purposes of implementing the requirements of this ordinance.
2.07.021 Tribal Community
"Tribal Community," for purposes of this ordinance, shall include, but not necessarily be limited to, enrolled Skokomish Tribal members.
2.07.022 Contractor
"Contractor" shall mean any individual, firm, contractor or organization who contracts with the Utility Board to provide environmental services or utility repairs, design, inspection, reconstruction or operation.
2.07.023 Utility Board
"Utility Board" is responsible for, and authorized to manage, the Utility Program of the Skokomish Indian Tribe, as established by this ordinance.
2.07.024 Utility Program
"Utility Program" is a program of the Skokomish Indian Tribe authorized to operate the utility services provided by the Tribe.
2.07.025 Program
"Program" shall mean the Utility Program of the Skokomish Tribe.
2.07.026 Vendor
"Vendor" is any individual firm, contractor or organization who regularly supplies parts, equipment, supplies and services to the Utility Program used in the operation, maintenance and management of the Utilities Services of the Skokomish Indian Reservation.
2.07.027 Shall, May
"Shall" is mandatory; "may" is permissive.
Utility Program and Utility Commission
2.07.040 Establishment of Utility Program
There is hereby established the Skokomish Tribal Utility Program having the responsibility for operating and maintaining the tribal public utilities and providing essential community services directly or by contract.
2.07.041 Utility Commission
There is hereby established the Skokomish Tribal Utility Commission to serve as the advisory, administrative and management authority for the Skokomish Tribal Utility Program.
2.07.042 Utility Commission - Operating Organization
The Utility Commission shall operate as a subordinate unit of tribal government, independent in its daily operation, but responsible to the Tribal Council for its actions. The methods of appointment, terms of office, and operating procedures of the Utility Commission shall be set forth in this ordinance and in regulations adopted by the Utility Commission.
2.07.043 Utility Commission - Powers and Responsibilities
The Utility Commission shall manage the public utilities of the Tribe, and obtain and disburse funds as required for operation, maintenance and expansion of the tribal public utilities. To fulfill these responsibilities, the Commission shall have the power to:
(a) Levy and collect reasonable fees for utilities and services subject to the review by the Tribal Council prior to adoption by the Commission;
(b) Provide for the hiring and compensation of appropriate management and maintenance personnel; said hiring and compensation to conform with established Tribal personnel policies and salary guide lines;
(c) Adopt appropriate regulations to implement the requirements of this Ordinance;
(d) Authorize disbursement of funds for operation, maintenance and repair of utility services, based upon an annual budget to be ratified annually by the Tribal Council;
(e) Contract with vendors and contractors to assure that safe and reliable services are available to and utilized by the residents of the Skokomish Reservation. Contracts shall be reviewed by the Tribal Contracting Official designated by the Tribal Council; and
(f) Authorize investment of Utility Program funds in accordance with accepted tribal policies and procedures.
2.07.044 Utilities Commission - Membership
The Utility Commission shall be composed of five persons appointed by the Tribal Council. One person shall be selected from the Housing authority Board of Commissioners and three persons selected from the general tribal community. The Council shall appoint at least three of the five members from among the on-reservation users of the Tribal Public Utilities. Members of the Utility Commission shall be known as Utility Commissioners.
2.07.045 Term of Office
Except for the initial Commission membership, all Commissioners will serve two-year terms, except for the representative from the Tribal Council who shall serve a one-year term.
Initial Commissioners of the Commission shall serve terms as follows:
Council Representative . . . . . . . . . . . . (Position 1) - 1 year
Housing Committee . . . . . . . . . . . . . . (Position 2) - 2 years
Community Representative . . . . . . . . . (Position 3) - 1 year
Community Representative . . . . . . . . . (Position 4) - 2 years
Community Representative . . . . . . . . . (Position 5) - 1 year
Terms shall expire upon the swearing in of newly appointed Commissioners.
In the event that the Council Representative Commissioner loses or resigns his/her position on the Council, his/her appointment to the Utility Commission shall expire immediately, and the Council shall fill the vacancy by appointment of a new Commissioner at the next regular meeting of the Tribal Council.
2.07.046 Utility Commission - Method of Appointment
The Tribal Council shall annually appoint persons to fill any Utility Commission vacancies. For the Commissioner positions to be filled by tribal community members, the Council shall advertise in the tribal newsletter soliciting interested persons for nomination. For all Commissioner positions, the Council shall choose persons capable and willing to perform the duties of the Authority. After receiving nominations, the Council shall appoint Commissioners by a majority vote.
2.07.047 Utility Commission Vacancies
If a Commissioner resigns, moves from the local area, dies, or is found guilty of a felony or major crime in any court of law, the Tribal Council shall declare the Commissioner position vacant. If any Commissioner misses two consecutive Utility Commission meetings without a valid excuse, the Tribal Council may declare the position vacant. All vacancies shall be filled within one month in accordance with this Section. In the event that the number of unfilled Commissioner vacancies prevents gathering of a quorum for purposes of conducting business, the Tribal Council shall act as the interim Utility Commission until such time as the filling of Commissioner vacancies allows for a quorum.
2.07.048 Officers
Within ten days after the appointment of the initial Commissioners, there shall be an organizational meeting of the Utility Commission to elect a Chairperson, Vice-Chairperson and a Secretary-Treasurer from among the Utility Commission Commissioners. The Officers shall be elected annually thereafter, immediately following the appointment by the Tribal Council of the new Commissioners.
2.07.049 Duties of Officers
Officers of the Utility Commission shall assume the following duties:
(a) Chairperson: shall preside at all meetings; call and arrange all meetings; be responsible for all general management of the Utility Commission's affairs; and perform all duties incidental to the office.
(b) Vice-Chairperson: Shall perform all of the Chairperson's duties in the absence of the Chairperson; and shall assist the chairperson as required in handling the Utility Commission's affairs.
(c) Secretary-Treasurer: Shall keep or cause to be kept a complete and accurate record of all meetings and shall maintain all correspondence, notices and records of the Utility Commission; shall be responsible for maintaining financial records of the Utility Program; shall report the Program's financial status at each regularly scheduled Utility Commission meeting and shall present to the Commissioners for their action all requests for funds to meet the Program's financial obligations; shall prepare an annual financial statement for submission to the Tribal Council for the general membership meeting, and further, the Treasurer shall make all investments for the Utility Commission in accordance with appropriate sections of this ordinance.
2.07.050 Meetings
The Utility Commission shall meet when business demands and requires attention, but in no case less than once per month. Regular and special meetings shall be called by the Chairperson. Any two Commissioners may request the Chairman, in writing, to schedule a special meeting of the Utility Commission. If the Chairperson fails to schedule a meeting within five days after receipt of a written request, any other two commissioners may call such a meeting.
Meetings shall be held in public places, and the Utility Commission shall provide at least 5 days public notice of Commission meetings. Emergency meetings may be convened with less than five days notice, in cases of emergency where loss of life, limb or property is threatened, or where the continued operation or fiscal capability of the Tribal public utilities may be in jeopardy. All meetings shall be open to members of the tribal community and to users of the Tribal Public Utilities.
2.07.051 Quorum and Voting
A minimum of three Commissioners is required to establish a quorum and conduct Utility Commission business. Any action taken by the Utility Commission must be approved by a majority vote of those Commissioners present at a Utility Commission meeting. Each Commissioner of the Utility Commission, except the Chairperson, shall be entitled to vote on each matter coming properly before the Utility Commission. The Chairman shall vote only in the event of a tie.
2.07.052 Meeting Agenda
Regular meetings of the Utility Commission shall be conducted according to the following agenda outline:
(a) Call to Order
(b) Roll Call
(c) Reading of minutes of previous meeting
(d) Report by Treasurer
(e) Report by Manager and/or Operator
(f) Unfinished business (to include comments from the public)
(g) New business (to include comments from the public)
(h) Miscellaneous business
(i) Adjournment
2.07.053 Compensation
Commissioners of the Utility Commission shall serve without monetary compensation, except as determined by the Tribal Council. The Council shall establish prevailing government rates for mileage, per diem, or other costs, consistent with tribal policy, and shall direct the Coordinating Manager to approve such expenditures: provided that funds are available within the Utility Program budget approved by the Utility Commission and ratified by the Tribal Council.
2.07.054 Public Hearings
The Utility Commission shall convene public hearings to discuss changes in utility rates assessed to users of tribal public utilities. All users of tribal public utilities shall be afforded seven days written notice of such hearings, and adequate notices shall be posted at appropriate places within the community and/or in the tribal newspaper.
Management and Finances
2.07.060 Management Personnel
The Utility Commission shall manage the business and operating affairs of the Utility Program. The Utility Commission may provide for hiring and contracting personnel for the care and maintenance of the Tribal Public Utilities (provided that hiring shall be in accordance with tribal personnel policies), and shall establish compensation rates consistent with the Utility Program's approved budget and the Tribal salary schedule. The Utility Commission may delegate only those management duties that are not specifically designated as duties to be performed exclusively by the Utility Commission.
2.07.061 Annual Budget
the Utility Commission shall establish an annual budget enumerating the necessary costs of Utilities and Services operation, maintenance, administration, personnel, liability and other insurance, replacement, and a reserve for major repairs and replacements. The annual budget shall be ratified by the Tribal Council. A current budget will be included in this Ordinance and updated accordingly.
2.07.062 User Fee Schedule
the annual budget shall be used to determine a fee schedule to be assessed to the users of Tribal Public Utilities. The budget and fee schedule shall be approve by the Utility Commission and ratified by the Tribal Council
2.07.063 Fiscal Year
The fiscal year for the Utilities Program shall be the same as the fiscal year of the Tribal Council
2.07.064 Depository
The depository of the Program shall be a separate commercial