TRIBAL COUNCIL OF THE NORTHERN CHEYENNE TRIBE NORTHERN CHEYENNE INDIAN RESERVATION LAME DEER, MONTANA ORDINANCE NO. D (2014)

Similar documents
BYLAWS GEORGE WASHINGTON ALUMNI ASSOCIATION OF THE

Southern Ute Indian Tribe

BYLAWS OF THE CULTURE AND HERITAGE COMMISSION OF YORK COUNTY. Revised by CHC July 20, 2011 Approved by York County Council on August 15, 2011

BYLAWS COLORADO PLANNED GIVING ROUNDTABLE

BYLAWS OF KENT ECONOMIC PARTNERSHIP, INC. a Delaware non-profit corporation ARTICLE I PURPOSES

BYLAWS TEXAS ORAL HEALTH COALITION

BYLAWS OF THE UNITED STATES SAILING ASSOCIATION, INC.

BY LAWS OF THE WEST LOS ANGELES COLLEGE FOUNDATION

Amended and Restated Articles of Incorporation of Samuels Library, Incorporated (A Virginia Nonstock Corporation)

BYLAWS ACCREDITATION COUNCIL FOR BUSINESS SCHOOLS AND PROGRAMS (ACBSP)

BYLAWS OF THE CAPE FEAR COMMUNITY COLLEGE BOARD OF TRUSTEES

Bylaws of the Institute for Supply Management - Western Washington, Inc.

BYLAWS OF NEW MEXICO CHAPTER OF THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, INC. Article I MEMBERS

CHAPTER 4-17 PUBLIC FACILITIES FINANCING

Section 1. Name: The name of this Association is the "Maryland Association of Certified Public Accountants, Inc."

BYLAWS OF CLEMSON UNIVERSITY LAND STEWARDSHIP FOUNDATION, INC.

Major Project BY-LAWS NEVADA ELKS MAJOR PROJECT, INC. General. Mission Statement

ONEIDA INDIAN NATION OF NEW YORK GAMING ORDINANCE No. O-93-01

MULTIPLE DISTRICT 20 LIONS ORGANIZATION PAST DISTRICT GOVERNORS, INC.

BYLAWS TORRANCE MEMORIAL MEDICAL CENTER. (A California Nonprofit Public Benefit Corporation)

CONSTITUTION AND BYLAWS OF THE FOUR CORNERS GEOLOGICAL SOCIETY

Monday, November 13, Proposed Changes

CONSTITUTION AND BY-LAWS ALABAMA AND COUSHATTA TRIBES OF TEXAS

BYLAWS OF THE GWINNETT COUNTY DEVELOPMENT ADVISORY COMMITTEE

BYLAWS OF DALTON STATE COLLEGE FOUNDATION, INC.

AMENDED AND RESTATED BYLAWS OF THE AGRICULTURAL UTILIZATION RESEARCH INSTITUTE

CONSTITUTION OF THE OTTAWA TRIBE OF OKLAHOMA PREAMBLE

Conference for Catholic Facility Management (CCFM) Bylaws 11/01/18

AMENDED AND RESTATED BYLAWS OF CUSTOM ELECTRONIC DESIGN & INSTALLATION ASSOCIATION ARTICLE I. Membership

Missouri Ice Hockey. Officials Association

GEORGE MASON UNIVERSITY FOUNDATION, INC. AMENDED AND RESTATED BYLAWS ARTICLE I TRUSTEES

BY-LAWS OF AMERICAN ASSOCIATION OF COSMETOLOGY SCHOOLS, INC. as Amended and Restated as of October 22, 2017

Bylaws of The Alumni Association of NJIT

Bylaws of Morris Animal Foundation A Nonprofit Colorado Corporation

BYLAWS. The Lancaster Chamber of Commerce & Industry (A Pennsylvania Non-Profit Corporation) ARTICLE I - NAME

SAN FRANCISCO COUNTY TRANSPORTATION AUTHORITY ADMINISTRATIVE CODE

BYLAWS FOR HAGERSTOWN COMMUNITY COLLEGE ALUMNI ASSOCIATION

ARTICLE I NAME AND PURPOSE ARTICLE II MEMBERSHIP ARTICLE III OFFICERS

BYLAWS OF THE PLASTIC SURGERY FOUNDATION. ARTICLE I Name ARTICLE II Purposes ARTICLE III Membership ARTICLE IV Officers...

TACOMA EMPLOYEES' RETIREMENT SYSTEM

BYLAWS OF THE YOUNG WOMEN S CHRISTIAN ASSOCIATION (YWCA) OF CORTLAND, NEW YORK, INC.

Board of Trustees Bylaws

CONSTITUTION AND BYLAWS

MTS SICKLE CELL FOUNDATION, INC. BYLAWS

BYLAWS OF THE PUBLIC ART COMMISSION OF THE CITY OF GOLDEN, COLORADO ARTICLE I. INTRODUCTION

BYLAWS ISACA TORONTO CHAPTER. Effective: April 2014

BYLAWS OF THE CLOVIS MUNICIPAL SCHOOLS FOUNDATION

Bylaws of the Board of Trustees

MD "A" Past District Governors Association. Constitution and By-Laws. Constitution

CONSTITUTION & BYLAWS

Ashland County Planning Commission Bylaws. Ashland COUNTY PLANNING COMMISSION BY LAWS

BY-LAWS OF THE PINES HOMEOWNER'S ASSOCIATION, INC. ARTICLE 1. Name and. Purpose

Ely Shoshone Tribe. Population: 500. Date of Constitution: 1966, as amended 1990

BYLAWS NATIONAL ASSOCIATION OF CHARITABLE GIFT PLANNERS, INC. ARTICLE I. Membership

Model Bylaws for NAIFA State Chapters (2/6/18) [revision to take effect as of January 1, 2019]

Revised Constitution and Bylaws of the Nez Perce Tribe

BYLAWS THE PRESERVE AT FALL CREEK HOMEOWNER'S ASSOCIATION. INC. ARTICLE I. Membership

BYLAWS. Adopted October 22, 1979 Revised September 11, 2001

TEXAS SOUTHERN UNIVERSITY

REGULATIONS OF THE ARCHAEOLOGICAL INSTITUTE OF AMERICA

BYLAWS GOVERNMENT AND PUBLIC SECTOR SECTION. ARTICLE I Name and Purpose

BOISE PUBLIC LIBRARY BOARD OF TRUSTEES BYLAWS

CONSTITUTION AND BYLAWS

Constitution (Effective August 21, 2017)

The St. Peter Claver Foundation Bylaws

NAWIC EDUCATION FOUNDATION BYLAWS

BYLAWS GENESEE COUNTY LAND BANK AUTHORITY. An authority organized pursuant to. the Michigan Land Bank Fast Track Act and an.

MISSAUKEE COUNTY PLANNING COMMISSION ORDINANCE

Model Bylaws for NAIFA Local Chapters (2/6/18) [revision to take effect as of January 1, 2019]

COLORADO BAR ASSOCIATION BYLAWS OF THE ELDER LAW SECTION

ALLEGHANY COUNTY CHAMBER OF COMMERCE BY-LAWS ARTICLE I NAME

MD-20 LIONS CLUBS OF NEW YORK STATE & BERMUDA, INC. CONSTITUTION AND BY-LAWS

INTERNATIONAL ASSOCIATION OF ARSON INVESTIGATORS, INC. CONSTITUTION AND BY-LAWS

GEORGE C. MARSHALL RESEARCH FOUNDATION BYLAWS ARTICLE I. General

By-Laws of Foundation for Food and Agriculture Research

CHARTER OF THE CITY OF WHITEFISH

BYLAWS OF DISABILITY RIGHTS FLORIDA, INC. A FLORIDA CORPORATION NOT FOR PROFIT. As Amended and Restated on September 21, 2012 ARTICLE I

AMENDED AND RESTATED BYLAWS OF PIKES PEAK WRITERS September 2015 ARTICLE I NAME, SEAL AND OFFICES

Field Hockey Federation, Inc. Bylaws ARTICLE I: ORGANIZATION

CITY OF NORTH LAUDERDALE COMMUNITY DEVELOPMENT DEPARTMENT. Tammy Reed-Holguin, Community Development Director

F.I.T. STUDENT HOUSING CORPORATION BYLAWS ADOPTED BY THE BOARD OF DIRECTORS MAY 2, 2012

BYLAWS THE LOUISIANA CHAPTER OF THE ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS OFFICIALS INTERNATIONAL, INC.

Narragansett Bay Quilters Association. Bylaws. Revised April 16, 2015

BYLAWS OF NIBA-THE BELTING ASSOCIATION

CONSTITUTION OF THE OTTAWA TRIBE OF OKLAHOMA PREAMBLE

BYLAWS OF THE EAST CENTRAL UNIVERSITY ALUMNI ASSOCIATION (an Oklahoma Non-Profit Corporation) ARTICLE I PURPOSE

Fullerton College Foundation

BY-LAWS OHIO MUNICIPAL CLERKS ASSOCIATION

PROPOSED REVISION TO GOVERNING REGULATIONS: EXECUTIVE COMMITTEE

Exhibit A AMENDED AND RESTATED BYLAWS THE CALIFORNIA ENDOWMENT

BYLAWS OF EMERGENCY MEDICAL SERVICES MEDICAL DIRECTORS ASSOCIATION OF CALIFORNIA, INC. A California Nonprofit Public Benefit Corporation

THE LUTHERAN HOUR MINISTRIES FOUNDATION Bylaws

BY-LAWS OF THE PURDUE UNIVERSITY RETIREES ASSOCIATION Fourth Revision- April 3, ARTICLE I General

CONSTITUTION AND BYLAWS OF THE ILLINOIS ASSOCIATION OF ADMINISTRATIVE LAW JUDGES PREAMBLE

BYLAWS. For the regulation, except as otherwise provided by statute or its Articles of Incorporation

MiraCosta College Foundation Bylaws

CFA Institute (A Virginia Nonstock Corporation) ARTICLES OF INCORPORATION Amended 27 June 2017

BYLAWS OF THE DIGITAL ANALYTICS ASSOCIATION. Updated June Article I. Name, Location and Purpose

Part 1: Charter and Bylaws Bylaws of the Association Table of Contents

NORTHERN ARAPAHO CODE TITLE 4. HOUSING

Transcription:

TRIBAL COUNCIL OF THE NORTHERN CHEYENNE TRIBE NORTHERN CHEYENNE INDIAN RESERVATION LAME DEER, MONTANA ORDINANCE NO. D01-020 (2014) AN ORDINANCE OF THE NORTHERN CHEYENNE TRIBAL COUNCIL AMENDING ORDINANCE NO. D01-029 TO CORRECT AND CONSOLIDATE THE GOVERNING DOCUMENT KNOWN AS NORTHERN CHEYENNE TRIBAL BOARD OF HEALTH ORDINANCE. WHEREAS; the Northern Cheyenne Tribal Council is the governing body of the Northern Cheyenne Indian Reservation by authority vested in it pursuant to the Amended Constitution and Bylaws of the Northern Cheyenne' Tribe as approved by the Secretary of the Interior on May 31st, 1996; and, WHEREAS; the Tribal Council is authorized under Article IV, Section 1 (i) of the Amended Constitution and Bylaws of the Tribe to promulgate and enforce ordinances; and, WHEREAS; the Tribal Council is authorized under Article IV, Section 1 (m) of the Amended Constitution and Bylaws of the Tribe to administer charity and to protect the health and general welfare of the Tribe; and WHEREAS; the Tribal Council is empowered to under Article IV, Section 1 (s) to delegate to subordinate boards or officers or to cooperative associations which are open to all members of the Tribe any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers; and. THEREFORE BE IT ORDAINED AND ENACTED that the Northern Cheyenne Tribal Council hereby amends Ordinance No. DOI-029 (2011) to be adopted in lieu of previous Tribal Council Ordinances, Resolutions. and amendments pursuant to the authority vested in the Northern Cheyenne Tribe by its Amended Constitution and Bylaws, and its authority to provide for the health, safety, morals and welfare; the Northern Cheyenne Tribal Council hereby establishes the public body Made up of Tribal members to known as the Northern Cheyenne Tribal Board of Health (hereinafter referred to as "NCTBH"), and enacts this Ordinance which shall establish the purposes, power and duties of the Northern Cheyenne Tribal Board of Health. The Tribal Council hereby determines that all actions taken by the Northern Cheyenne Tribal Board of Health and all rights and obligations of the Northern Cheyenne Tribal Board of Health which have been established as a result of the powers it derived from the original ordinance and its amendments, are not to be invalidated by the adoption of this Ordinance. THEREFORE BE IT ORDAINED that the NCTBH will continue to operate under the Northern Cheyenne Tribe's System of Operations, including the five Manual Systems: 1. Personnel; 2. Finance; 3. Procurement-Purchasing; 4. Property; and, 5. Travel.

ARTICLE I DECLARATION OF NEED The NCTBH hereby declares the following: 1. That there exists within the area of the jurisdiction of the Northern Cheyenne Tribe the need for comprehensive and strategic health planning. 2. That unmet health conditions exist within the area of the jurisdiction of the Northern Cheyenne Tribe; 3. That meeting the health care needs of tribal members are government functions of Tribal concern; 4. That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination. ARTICLE II PURPOSE The NCTBH shall be organized and operated for the following purposes: 1. To negotiate and administer funds as authorized by the Northern Cheyenne Tribal Council; 2. To serve as the principal health administrative office for comprehensive and strategic health planning, data collection, assessment, evaluation, development, and organization for the Northern Cheyenne Tribe. 3. To function as the primary health affairs advisor to the Northern Cheyenne Tribe. 4. To provide advice on short and long-term comprehensive health planning, evaluation and development appropriate for achieving exemplary health care systems and facilities for the Northern Cheyenne Tribe. 5. To coordinate and develop and/or cause to be developed to their maximum potential and utilization all appropriate and available resources of the Northern Cheyenne Tribe, the federal and state governments and agencies, and groups or individuals meaningful to the improved health of the Northern Cheyenne Tribe. 6. To foster and improve the quality of health and well-being of the Northern Cheyenne Tribe. 7. To identify and recommend standards, priorities, and policy to achieve exemplary health care on the Northern Cheyenne Reservation. 2

8. Collaborate with entities formed to accomplish any of the above-described purposes. ARTICLE III 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: "Area of Operation" means all areas within the jurisdiction of the Northern Cheyenne Tribe. "Board" means the Board of Commissioners of the NCTBH. "Commissioner" means a member of the NCTBH Board of Commissioners. "Council" means the Northern Cheyenne Tribal Council. "Federal Government" includes the United States of America, or any other agency or instrumentality of the United States of America. ARTICLE IV BOARD OF COMMISSIONERS 1. (a) (1) The affairs of the NCTBH shall be managed by the Board of Commissioners, composed of five (5) persons representing each of the five districts of the Northern Cheyenne Indian Reservation. (2) Board members shall be appointed by the Tribal President with the concurrence of the Tribal Council and may be reappointed by the Tribal President with the concurrence of the Tribal Council. In considering reappointment or replacement of a Commissioner whose term has expired, the Tribal President and the Council shall give great consideration to the performance of the Commissioner and the NCTBH, as measured by NCTBH's Annual Reports, during their term of office. 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. (3) A Commissioner shall be a member of the Tribe and may not be a member of the Tribal Council, with the exception of the two ex-officio members. There shall be Five (5) Commissioners, one Commissioner representing each of the Five (5) Reservation Districts: Lame Deer, Busby, Ashland, Muddy and Birney. A Commissioner must reside in the District he or she represents in accordance with the residency standard the Tribe's Election Ordinance utilizes. A Commissioner that moves outside of his or her District while he or she is sitting on the Board, shall automatically forfeit his or her seat. 4) Two Tribal Council Members shall be appointed by the Tribal President with the concurrence of the Tribal Council to serve as non-voting ex-officio members of the 3

NCTBH. Their term shall coincide with their term of office as Tribal Council Members, and they can be removed without cause by majority vote of the Tribal Council. These two ex-officio Board members are entitled to present issues and discuss business but they cannot make motions, second motions, or vote and they cannot serve as officers or be counted for purposes of constituting a NCTBH quorum. The two ex-officio Board members serve as liaisons between the NCTBH and the Northern Cheyenne Tribal President and Council and they, and other Tribal Council representatives, are entitled to the current rate for travel and per diem expenses, but no monetary compensation, to attend NCTBH meetings that are 40 miles from the offices of the NCTBH. (b) The term of office for Commissioners shall be four years, which runs concurrently with the four-year term of office of the Tribal President. Each Commissioner shall hold office until his/her successor has been appointed and qualified, unless earlier resigning or removed from office pursuant to this Ordinance, in which case the removal shall be final and immediate. (c) At their Annual Meeting, the Board shall elect from its members a Chairman, Vice- Chairman, and Secretary. 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. (d) At any time, a Commissioner may voluntarily resign his or her position, or may be removed by a majority vote of the NCTBH Board for cause. Cause may include but is not limited to serious inefficiency, neglect of duty or misconduct in office. Standards of conduct that govern Tribal Officials shall apply to Commissioners and may be used as standards in determining whether there is sufficient cause to remove a Commissioner. A Commissioner must be given an opportunity to appear before the Board and be heard prior to being removed; and must be provided a written notice of the specific charges against him/her at least ten (10) days prior to the hearing. At any such hearing, the Commissioner shall have the opportunity to be heard in person or by legal counsel (at his/her own expense) and to present witnesses in his/her behalf. In the event of removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon shall be filed with the Tribal Council. A Commissioner may also be removed by the Tribal Council at their discretion, by majority vote, without cause. (e) The Commissioners shall receive compensation for their services in the amount of $125 per Board meeting or day of service; and $25 show up pay for Board meetings attended, at which a quorum was not attained. Should this rate of compensation be adjusted for inflation and updated by the Tribal Council, then that current rate shall prevail and an amendment to this Ordinance shall not be required. Commissioners shall be entitled to compensation for expenses, including travel and per diem, incurred in the discharge of their duties pursuant to the Northern Cheyenne Tribal Travel Policy. (f) A majority of the full Board (three members, not including ex-officio members) shall constitute a quorum for the transaction of business; and at least three votes in favor, are required to approve any action of the NCTBH. (g) The Board shall designate a Recorder who shall keep complete and accurate records of all meetings and actions taken by the Board. 4

(h) The Program Directors and the Tribal Health Administrator shall make written quarterly reports to the Board. The Tribal Health Administrator shall submit an Annual Report no later than December 31st of each year, in written form, to the Board and the Tribal Council. NCTBH Financial records shall be maintained in conformance with the Financial System of Operations of the Northern Cheyenne Tribe. 2. Meetings of the Board shall be held at regular intervals and as provided in the By-Laws. Special meetings may be held upon notice given by the Chairman of the Board, at his/her discretion or upon the request of three members of the Board, at such place, date, and time as shall be fixed by the notice. 3. Telephonic meetings shall be allowed under the following conditions: a. All members participating can be heard and can participate in the discussion. b. Notice is given in the same manner as for a regular meeting, and c. A quorum of members participates in the telephone meeting. ARTICLE V POWERS 1. The NCTBH shall have perpetual succession in its own name. 2. The NCTBH shall have the following powers, which it may exercise consistent with the purpose for which it is established: (a) To adopt and use a seal. (b) To enter into agreements, contracts and understandings with any governmental agency; Tribal, Federal, State or local; or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance; consistent with the Northern Cheyenne Tribe's System of Operations. (c) To undertake and carry out studies, data collection and analysis of health care needs, to prepare strategic comprehensive health care plans, and to implement strategic planning. (d) To conduct public hearings and surveys on health issues to solicit public input from Tribal membership. (e) To advise the Tribal President in connection with the Tribal President's exclusive, administrative and supervisory responsibilities over the Tribal Health Administrator, such as hiring, supervision, evaluation, compensation, and discipline, suspension, termination and other terms and conditions of employment. 5

(f) To recommend budgets, resolutions, ordinances, or amendments to the Northern Cheyenne Tribal Council. (g) To join tribal, state, or national associations pertaining to health matters. (h) To engage the services of professional consultants. (i) To advise the Northern Cheyenne Tribal President and Council on health related issues and policies. (j) To take such further actions as are commonly engaged in by public bodies of this character as is consistent with the Northern Cheyenne Tribe's System of Operations. (k) To adopt such NCTBH policies and procedures, as the Board deems necessary and appropriate to comply with the laws of the Northern Cheyenne Tribe. ARTICLE VI MISCELLANEOUS 1. The NCTBH will prepare an Annual Report for the Tribal Council and make those reports public. The NCTBH will also make all records available for an annual tribal audit. 2. In conducting its business, the NCTBH will follow the Northern Cheyenne Tribe's System of Operation and all applicable laws and regulations. CERTIFICATION PASSED, ADOPTED AND APPROVED by the Northern Cheyenne Tribal Council on by 7 votes for passage and adoption, 0 votes against passage and adoption, and 0 abstentions, this 9th day of September 2014. TTEST: isher, Pres ent Northern Cheyenne T be Melissa Lonebear, Secretary Northern Cheyenne Tribe SEP 2 6 2014 6