THE CONFEDERATED TRIBES
OF THE GRAND RONDE COMMUNITY
Resolution No. 181-86
Resolution: Adoption of the Committee Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon.
WHEREAS, the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon has authority to adopt all tribal Ordinances pursuant to Article III, Section I of the Constitution of the Confederated Tribes of the Grand Konde Community of Oregon; and
WHEREAS, it is in the best interest of the Confederated Tribes of the Grand Ronde Community of Oregon to have an efficient government that is run in a fair and consistent manner; and
WHEREAS, the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon has identified a need to provide guidance to the Tribal Government and tribal members by adopting a Tribal Ordinance regarding tribal committees; and
WHEREAS, the Ordinance Committee has produced a draft Ordinance that the Tribal Council has thoroughly reviewed and revised;
THEREFORE BE IT RESOLVED that the Committee Ordinance of the Confederated Tribes of the Grand Ronde Community of Oregon is hereby adopted.
CERTIFICATION: The foregoing Resolution is adopted by the Tribal Council, with the required quorum, by a vote of 6 for, 0 against and 0 abstaining,
this 22nd day of December , 1-986.
9615 GRAND RONDE RD
GRAND RONDE, OREGON 97347
ORIGINALLY ADOPTED: December 22, 1986
DATE AMENDED: 01-15-88 ; 06-07-89 ; 01-08-92 ; 07-07-93 ; 06-22-94
SUBJECT: General Committee
RESOLUTION NUMBER: 181-86; 261-88 ; 352-89; 003-92 ; 037-93; 039-94
THE CONFEDERATED TRIBES OF THE
GRAND RONDE COMMUNITY OF OREGON
GENERAL COMMITTEE ORDINANCE
TRIBAL CODE § 230
(a) Authority and Purpose
(b) General Policy
(d) General Policies
(e) Committee Names
(h) Removal of Members
(k) Conflict of Interest
[l) Appointment of Officers
(m) Duties of Officers
(p) Financial Accountability
(r) Consistency With Other Ordinances
(s) Repeal of Previous Ordinance
Confederated Tribes of the
Grand Ronde Community of Oregon
General Committee Ordinance
(a) AUTHORITY AND PURPOSE: The purpose of this ordinance is to form a more efficient and cohesive government through the appointment of committees by the Tribal Council. Each committee is to ad vise and make recommendations regarding each specific committee purpose. The committee will provide a unified voice as an advisory arm of the Tribe. All committees will be regulated by this Ordinance and the relevant provisions of the Tribal Government Ordinance, except that where a Committee is chartered by a specific Ordinance, the specific provisions of that Ordinance will govern where those provisions differ from this Ordinance.
(b) GENERAL POLICY: Committees are established to assist the Council in carrying out their responsibilities, to provide quality services the Tribal membership and to develop, maintain, and protect the assets and interests of the Tribe. Each committee is to:
- (1) Act in an advisory capacity to the Tribal Council in recommending policies and procedures, identifying needs, and developing priorities of the Tribe;
- (2) Report monthly to the Council on problems, activities and other relevant information;
- (3) Report quarterly to the General Council on activities; and
(4) Undertake any other duties and responsibilities as developed and approved by the Council.
- (1) "General Council" means the General Council of the Confederated Tribes of the Grand Ronde Community of Oregon.
- (2) "Service Area" means the counties of Marion, Multnomah, Polk, Tillamook, Washington, and Yamhill in the State of Oregon.
- (3) "Tribal Council" means the Tribal Council of the Confederated Tribes of the Grand Ronde Community of Oregon.
- (4) "Tribe" means the Confederated Tribes of the Grand Ronde Community of Oregon.
- (5) "Standing Committee" means a committee created to fulfill ongoing functions on behalf of the Council on a more or less permanent basis.
- (6) "Ad-hoc Committee" means a committee created to fulfill a specific short - ;term function on behalf of the Council, and which shall be dissolved upon completion of that function.
- (7) "Unexcused Absence" means an absence from any meeting of the committee for which no written excuse has been given to and accepted by a majority vote of the relevant committee (excluding the member who has submitted the written excuse).
- (8) "Donation" means the voluntary transfer of funds or items of material value to a person or other entity for which no goods or services of substantially equal value are received in return.
- (9) "Honorary Member" means a member of a committee who has previously served on that committee and has a voice but no vote on committee business.
(d) GENERAL POLICIES: The Council may establish standing and ad-hoc committees as provided in this Ordinance. All committees established pursuant to this Ordinance shall be accountable to the Council. The Council reserves the power to deal directly with the committees as necessary.
(e) COMMITTEE NAMES: Each committee established pursuant to this Ordinance shall designate a committee name. All committees must indicate association with the Tribe by including "The Confederated Tribes of the Grand Ronde Community of Oregon" in the committee name.
- (1) Each committee shall be composed of a minimum of five (5) members appointed by the Council and a maximum of two (2) honorary members. Only Tribal members and staff in good financial standing with the Tribe may serve as voting members on the committees. All committee members must physically reside in the Tribal six (6) county service area during their term of office. No person having been convicted of a crime against a child shall serve on a committee that provides activities for children.
- (A) Individuals may serve on only one (1) committee at a time, provided, however, an individual may serve on the Pow Wow or the Elders Committee and one other committee at the same time.
- (B) A Committee may only have one (1) staff member serving at a time, except the Pow Wow Committee. Where two (2) staff members serve on the same Committee, the least senior of the two in Committee membership shall lose his! her Committee seat.
- (C) Committees may utilize the assistance of non-Tribal member resource people subject to Council approval. Individuals serving in a resource capacity shall not vote.
- (D) Tribal Council Members serving on a committee count towards a quorum but may not vote on committee business.
- (2) No staff member may serve on a committee playing an advisory role to the program where the staff member is employed.
- (3) A person owing a debt to the Tribe may not serve on a committee unless arrangements for repayment of the debt have been made.
- (4) At least three (3) members of each committee, except the Election Committee, shall be at least 21 years of age unless a specific committee ordinance provides otherwise. At least one (1) member of each committee shall be at least 55 years of age.
- (5) The Council shall appoint additional members to a committee when the original number of members is insufficient to carry out the committees' responsibilities.
- (6) Members shall attend all committee meetings unless they give written or verbal notice to the Chairperson at least three (3) days prior to the meeting; provided, however, that no notice is necessary if injury of the member or sickness, injury or death of a family member or dependent caused the absence.
- (7) At the end of each members' term of office or upon resignation or removal of a member or upon other vacancy by a member, the member shall deliver all papers, records, and books and other items in the members' possession that relates to the committee to the members' successor, or to the committee Chairperson.
- (8) All committee member appointments will be for two (2) years beginning in January, 1992, unless designated otherwise in the specific ordinance governing that committees' activities.
- (9) Honorary Members: These people must have served on the committee as members for at least four (4) years. Each committee may appoint up to two (2) honorary members.
- (1) Any vacancy shall be filled by recommendation of the committee, subject to appointment of the Tribal Council for the duration of the unexpired term.
- (2) Vacancies shall occur upon expiration of a committee members' term, when a committee member resigns for any reason, is removed, or has unexcused absences from three (3) consecutive meetings.
(h) REMOVAL OF MEMBERS:
- (1) A member may be removed only for conduct that:
- (A) Discredits the committee because such conduct is biased, prejudicial, or adversely affects the committees' ability to conduct business, including failure to make arrangements to repay a debt to the Tribe; or
- (B) Is criminal activity related to Tribal or committee assets; or
- (C) Is actively related to said assets and that would be criminal under Oregon law if the member were a commissioner or officer of a Commission of the State of Oregon.
- (2) A committee member shall automatically be removed upon conviction or discovery of a conviction of the committee member for a crime against a child.
- (3) Removal of a committee member shall be by majority vote of the Council on its own motion or upon receipt of a recommendation from the committee. The recommendation for removal of a member shall be presented to the Council after the committee has:
- (A) Given notice to the alleged offending member that a recommendation for removal is under consideration. The Committee Secretary shall provide said notice at least two (2) weeks before any hearing on record.
- (B) Given the alleged offending member an opportunity to discuss with the committee the cause for the recommendation for removal; and
- (C) Voted to recommend removal.
- (4) The alleged offending member shall have an opportunity to testify to the Council regarding removal before the Councils' decision is made. The decision of the Council is final.
(i) VOTING: Each committee member shall have one (1) vote on each matter. Members must be present to vote. No proxies will be permitted.
(j) QUORUM A majority of the committee members must be present to constitute a quorum. Committee action is valid only when a quorum exists.
(k) CONFLICTS OF INTEREST: No committee shall have more than one immediate family member serving in a voting capacity at one time on that committee. No committee member may vote on any action directly involving a member of his or her immediate family. A committee member may take part in discussion and count toward a quorum regarding action involving a member of his or her family. Immediate family members include father, mother, adoptive mother, adoptive father, daughter, son, spouse, person in a spousal relationship, brother, sister, stepbrother and stepsister.
(l) APPOINTMENT OF OFFICERS: Each committee shall elect a Chair person, Vice - ;Chair, and Secretary. The election shall take place at the annual meeting. Officers elected after January 1, 1992, shall serve for terms of two (2) years, except for those on ad - ;hoc committees that exist for less than two (2) years.
(m) DUTIES OF OFFICERS:
- (1) The Chairperson shall:
- (A) Issue notice of committee meetings;
- (B) Preside at all committee meetings;
- (C) make reports to the Council and the General Council as provided herein;
- (D) Act as the representative of the committee in communications with individuals, groups, and organizations; and
- (E) Develop and submit for approval of the Council an Annual Plan of Activities specifying the committees' activities for the coming year. This Annual Plan will be submitted in December of each year.
- (2) The Vice - Chairperson shall:
- (A) Act as presiding officer in the Chairpersons absence;
- (B) Compose all resolutions and recommendations as agreed upon by the committee; and
- (C) Notify the Council of any committee recommendation of removal of a member.
- (3) The Secretary shall:
- (A) Keep minutes of all regular and special meetings;
(B) Maintain all official records of the committee;
(C) Take attendance at meetings;
(D) Provide copies of meeting minutes to the Council Secretary for typing and distribution to the Council members;
(E) Answer all correspondence for the committee;
(F) Draft updates of committee business each month for publication in the Tribal newsletter;
(G) Keep an accurate financial statement;
(H) Conduct all banking activities but bank only with the bank or banks designated by the Council;
(I) Maintain all of the committees' additional financial responsibilities;
(J) Provide the Council with a monthly financial report; and
(K) Comply with the provisions of Section (o) herein.
- (1) All meetings shall be open to the public; provided, how ever, the meetings may be closed to the public when dealing with confidential material. The committee may invite guests to attend meetings.
- (2) All regular and special meetings require four (4) days written notice. All annual meetings require five (5) days written notice. Notice shall be delivered to each committee member and shall be posted in a conspicuous place at the Tribal Headquarters. Notice shall include the date, time, place, and purpose of the meeting.
- (3) Regular monthly meetings shall be held on a date set by the committee.
- (4) Annual meetings shall take place as soon as possible after the creation of the committee and upon the anniversary of the creation of the committee. Only standing committees shall hold annual meetings.
- (5) All regular and annual meetings shall be held at the Tribal Headquarters
- (6) Special meetings may be called by the Chairperson or Vice-Chairperson and Secretary acting jointly but only when business must be done prior to the next regular meeting.
(o) COMPENSATION: The Tribe will compensate committee members for their time spent on committee activities, and reimburse them for expenses incurred for said activities within the service area. Compensation shall be subject to availability of funds and consistent with applicable grant or contract requirements. Payment of compensation and reimbursement of expenses for activities outside the service area is subject to the same limits and prior approval of the Council. Honorary committee members will only be compensated and reimbursed for travel to meetings and activities within 45 miles of Grand Ronde.
- (1) The Fiscal Office is responsible for tracking travel reimbursements. When a travel advance is received and the actual cost is less than the advance, the Committee member is to return the excess to the Fiscal Office within five (5) days. The excess is to be returned by check or money order made out to the Tribe and attached to the Actual Travel form.
- (2) If the excess is not returned within the five (5) day period, the following procedures shall be followed:
- (A) The Fiscal Office shall notify the Committee member in writing by certified mail of the amount due. The letter shall include the date(s) and manner the debt was incurred, and shall state that failure to pay the amount due within 10 days from the date of the letter will result in withholding payment of reimbursements and/or pay. If not paid by the date due, the following steps shall be taken:
- (B) At the end of 10 days, if the amount due is not received, the Fiscal Office shall withhold payment of any further local travel reimbursement and shall not issue any further travel advances until the committee member pays the amount in full or the amount is collected.
- (C) After withholding payment for local travel, the Fiscal Office shall withhold an amount up to 50% of the Committee member's next paycheck and following paychecks until having recovered any remaining amount due. However, the amount withheld from the paycheck shall not exceed $500 total.
- (3) The Fiscal Officer may file a Small Claims action against the Committee member in Tribal Small Claims Court if payment has not been made within 95 days of completing travel. How ever, the action may only be filed after completing the procedures outlined in sub - ;section (2) above.
(p) FINANCIAL ACCOUNTABILITY:
- (1) All committees dealing with finances must document all financial transactions, including, but not limited to, re quests, donations, purchases, and travel vouchers. The committee Secretary shall be primarily responsible for the financial accountability of the committee.
- (2) All financial transactions exceeding $250, with the exception of the Pow Wow Committee and Elders Committee trans actions, require the prior approval of the Tribal Council unless the Tribal Council waives said approval in writing.
- (3) Decisions on committee purchases require prior approval of the committee.
- (4) Committees are prohibited from making donations of any kind from committee funds. Any donations made to the commit tee, however, will be delivered to the Secretary within four (4) days for immediate banking. The Secretary shall issue a receipt for each donation.
(5) Travel and Per - ;Diem for all committee members is subject to the travel requirements specified in the Tribal Committee Handbook. Travel reimbursement rates are subject to change, therefore, each traveler is responsible for keeping up to date on travel reimbursement rates.
(q) SEVERABILITY: If a court of competent jurisdiction finds any provision of this Ordinance to be invalid or illegal under applicable Federal or Tribal law, such provision shall be severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect.
(r) CONSISTENCY WITH OTHER ORDINANCES: Where a specific committee Ordinance differs from this Ordinance, the specific Ordinance shall govern.
(s) REPEAL OF PREVIOUS ORDINANCE: This Ordinance replaces the previous Ordinance adopted on January 7, 1987, and said Ordinance is hereby repealed.
I hereby certify that this is a true copy of the Confederated Tribes of the Grand Ronde Community of Oregon Committee Ordinance.
Tribal Council Secretary