I. Definitions Tohono O odham Nation Board Appointment Guidelines A. Applicant means an individual formally expressing interest, e.g., by submitting an application or letter, in being appointed to board. B. Appointee means the candidate who is recommended for appointment by the appointing authority. C. Appointing Authority means the official or body that is delegated authority by law to appoint a board member, even though that appointment is subject to another official or body s final approval or confirmation. D. Appoint means the legal act of designating a qualified candidate to serve on a board and granting that person the powers associated with board membership. E. Background Documents means any resume, application, letter, waiver, or other document the applicant is required by law or the appointing authority to submit in order to be considered for appointment, excluding background investigation reports. F. "Background Investigation Report" shall include a felony and misdemeanor criminal conviction history, civil litigation history, driving record, employment history verification, verification of professional licensing, verification of membership in professional associations (if applicable), and interview of any character references. The report also shall include a detailed credit history report for any candidate having decision-making authority over an entity s finances. G. Board means any board, committee, commission or similar body of the Nation s entities or subordinate organizations that are established pursuant to Article VI, Section 1(b) or (e) of the Constitution of the Tohono O odham Nation when such appointments are subject to legislative action of the Legislative Council. H. Board Appointment Tracking Form means the form used by the appointing authority indicating whether the procedural requirements identified in these Guidelines have been satisfied and any comments the appointing authority and committees may in their discretion include. I. Candidate means a board applicant who meets all application requirements and legal qualifications. J. Oversight Committee means the Legislative Council standing committee that has been delegated oversight authority over a board or activities over which that board exercises control. II. Scope February 2014 Page 1 of 5
A. These Guidelines shall apply to appointments to all boards, as defined in Section I of these Guidelines, but shall not apply to the Election Board, Enrollment Committee or other boards within the three branches of the Nation s government. B. These Guidelines shall not apply to 1. appointments "of the treasurer, and other officers and heads of all governmental departments subject to Council approval pursuant to Article VII Section 2(e) of the Constitution of the Tohono O odham Nation, and appointed in accordance with Article III, Section 5 of the Legislative Rules; 2. the election or selection of (a) Legislative Council committee members or officers or Council officers, or (b) judges; or 3. nominations or appointments to the national and other organizations and boards that are not established pursuant to the Constitution of the Tohono O odham Nation. III. Process A. Notification. 1. A board shall, in advance or as soon as possible, notify the appointing authority and the respective oversight committee of any expired term, expiring term, or vacancy. 2. The appointing authority shall promptly notify all Legislative Council Representatives, the Nation s Chairperson, all district councils, and the public of any board vacancy or pending vacancy, applicant qualifications, application procedure and requirements. The appointing authority may otherwise advertise for or solicit applicants. 3. If the Legislative Council is the appointing authority, the respective Legislative Council oversight committee shall be responsible for providing such notification. B. Applications and Board Appointment Tracking Form. 1. All applicants shall submit a current resume and any additional information required by law or by the appointing authority before being considered eligible for appointment. 2. A background investigation report shall be completed for each candidate. The entity over which the board exercises oversight authority shall pay for such investigations. 3. To ensure the orderly and uniform processing of every applicant, the appointing authority will use the Board Appointment Tracking Form for each applicant. Before a candidate or appointee proceeds to Legislative Council, the Board Appointment Tracking Form must be completed. If the Legislative Council is the appointing authority, the Legislative February 2014 Page 2 of 5
Secretary will be responsible for providing the Board Appointment Tracking Form to the oversight committee and Rules Committee in closed session. If the Nation s chairperson is the appointing authority, the Nation s chairperson shall provide the Board Appointment Tracking Form and other background documents to the Legislative Secretary when the oversight committee schedules an interview with a qualified appointee. C. Interviews; Initial Review by Oversight Committee. 1. The appointing authority may only interview applicants who initially meet all requirements and legal qualifications. 2. If the Nation s Chairperson is the appointing authority, the Chairperson may exercise discretion in interviewing qualified candidates. Thereafter, the oversight committee shall be provided with copies of all background documents and may choose to interview the appointee within thirty (30) days after receiving written notice of the appointee s identity and contact information. 3. If the Legislative Council is the appointing authority, the oversight committee shall review copies of all background documents and may choose to conduct candidate interviews within thirty (30) days after the solicitation period closes. The oversight committee may extend the solicitation period if no qualified candidate applies or as otherwise necessary. 4. Background investigation reports shall only be provided to the oversight committee members on the day of the committee s interview. When the oversight committee interviews and questions the candidate, the committee will provide the candidate a copy of his or her background investigation report. Immediately after the interview, the oversight committee chairperson shall collect all background investigation reports and deliver them to the Legislative Secretary or her designee. The oversight committee may recommend a candidate or state other comments on the Board Appointment Tracking Form. 5. The Nation s treasurer or official designee, with his or her expertise in financial matters, will review the candidate s detailed credit history report prior to reviewing the report with the oversight committee. The Nation s treasurer or official designee will indicate on the Board Appointment Tracking Form whether this review was conducted. 6. The oversight committee shall review the appointing resolution before the appointment is forwarded to the Rules Committee. D. Rules Committee Review. 1. After the thirty (30) day interview period has elapsed and the Rules Committee has received written notice of the appointee and copies of all background documents (excluding the background investigation report), the Rules Committee shall have an additional ten (10) days to review the proposed appointment. February 2014 Page 3 of 5
2. With the exception of the detailed credit history, the Legislative Secretary shall provide each candidate s background investigation report and Board Appointment Tracking Form to the Rules Committee on the day of that candidate s review. Once complete, the Rules Committee chairperson shall collect the background investigation report and Board Appointment Tracking Form from committee members and deliver them to the Legislative Secretary or her designee. 3. No more than ten (10) days after receiving written notice pursuant to subsection D.1., the Rules Committee shall notify the oversight committee and Legislative Secretary of its recommendation. If the Rules Committee fails to conduct its review as required, the oversight committee may notify the Legislative Secretary, who shall place the appointment on the next Legislative Council general session agenda. E. Legislative Council Action. 1. The appointment shall be placed on the Legislative Council agenda at the next general session after the Rules Committee s review pursuant to Section III.D. 2. Each candidate or appointee shall be present to answer any questions at the Legislative Council session during which the appointment is considered. If there are multiple candidates or appointees for the same board, each candidate or appointee shall be introduced by the appointing authority. After which, the Legislative Council will interview each candidate separately. 3. The Council shall be provided with copies of all resumes and background documents and shall have the opportunity to review a copy of the Board Appointment Tracking Form in closed session. The Tracking Form will then be returned to the Legislative Secretary before proceeding to open session. 4. If the Legislative Council is the appointing authority, all background investigation reports shall be destroyed with the exception of one copy which shall be sealed and kept by the Legislative Secretary. 5. Each appointing resolution shall appoint no more than one board member. If there are more candidates than board vacancies, a preliminary canvass vote shall be taken solely to determine the order in which candidate appointing resolutions will be considered. Council representatives will be entitled to vote for the same number of candidates as board vacancies. In the event that two or more candidates receive an equal number of votes, a single runoff vote shall be taken wherein each Legislative Council representative shall vote for only one of the candidates who has received an equal number of votes during the preliminary voting. 6. At the conclusion of the runoff vote, if any, the Legislative Secretary shall tabulate the votes and formally announce the results in descending order beginning with the candidate receiving the greatest number of preliminary votes. The results of the runoff vote, if any, shall not be recorded in the form of a legislative action. The results of the preliminary February 2014 Page 4 of 5
canvass vote will determine the order in which each candidate will be considered for a board vacancy. IV. Conflicts with Other Laws To the extent that these Guidelines conflict with an ordinance, charter, or other legal authority governing an appointment, that authority will govern. February 2014 Page 5 of 5