DMR.5.3.030 Elders Advisory Council on Aging

The Elders Advisory Council on Aging is hereby created to act in an advisory capacity to the Tribal Governing Board and the Aging Director and shall have those powers as stated in this section:

(a) Official Powers and Duties. The Elders Advisory Council on Aging shall advise the Aging Director on all matters relating to the delivery of services within the program area of operation and offer specific recommendations to the Aging Unit. Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Elders Advisory Council on Aging (hereinafter referred to as the Elders Advisory Council on Aging), and pursuant to this ordinance hereby establishes the following purposes, powers and duties of the Elders Advisory Council on Aging:

(1) To advise the Tribal Governing Board and Aging Director on elder services and projects pertaining to the needs of elder citizens (members) and such other persons or entities the Aging Unit may serve.

(2) To acknowledge citizens (members) elder service related needs/concerns and communicate them to the Aging Director.

(3) Assist in the creation and review and provide recommendations on policies governing the activities of the Aging Unit, and other such elder service related policies as requested by the Aging Director or the Tribal Governing Board.

(4) To review and provide information on the development of the tribal aging unit plan.

(5) To review and provide recommendations related to the budget for the delivery of elder services as well as any other operating budgets of the Aging Unit.

(6) Provide advice as directed by the Tribal Governing Board or requested by the Aging Director on matters relevant to the Aging Unit as established in Section DMR.5.3.010 of this ordinance.

(7) None of the aforementioned powers and duties may be construed or interpreted to empower representatives of the Elders Advisory Council on Aging beyond the capacity of advisory in nature as more fully defined in Section DMR.5.3.030(h), below.

(b) Primary Functions. The primary function of the Elders Advisory Council on Aging is to provide all of the stakeholders an opportunity to be active participants in the assessment of needs, development of priorities, and identification and use of resources based in accord with Tribal, Federal, and State policies as well as consideration of the program budgets. Specific functions include, but may not be limited to, the following:

(1) Provide recommendations to the Tribal Aging Director regarding the service preferences of participants;

(2) Provide recommendations to the Tribal Aging Director and Aging Unit regarding days, hours, and locations of meal site operations;

(3) Provide recommendations to the Nutrition Manager or Tribal Aging Director regarding meal site environment furnishings with regard to disabled and handicapped participants;

(4) Conduct annual on-site review of the Aging Unit utilizing the assessment tool;

(5) Advise and provide recommendations to the Tribal Aging Director regarding supportive social services to be incorporated at the Aging Unit;

(6) As an organized group, give support and assistance to the on-going development of the Aging programs;

(7) Represent and speak on behalf of program participants; and

(8) As a liaison group act as a communications clearing house between the Aging Unit programs and the Tribal community.

(1) The Elders Advisory Council on Aging shall be composed of seven (7) persons, all of whom must be citizens (members) at least 62 years of age, and living within Sawyer County. In no case shall a sitting Tribal Governing Board member, or an employee of the Aging Unit be appointed to the Elders Advisory Council on Aging. No individual representative of the Elders Advisory Council on Aging, regardless of position, acting alone and without the approval of the Elders Advisory Council on Aging is empowered or authorized to take any action or make any public statement regarding the Aging Unit or Elders Advisory Council on Aging's positions on any matter.

(2) Representatives to the Elders Advisory Council on Aging shall be elected by the elders residing within the Aging Unit area of operation to serve a 3-year term with the exception of the first election when two (2) persons will be elected for a 1-year term, two (2) persons elected for a 2-year term and three (3) persons for a 3-year term. Elections will be held annually to fill vacancies. Persons elected to less than a 3-year term at the first election, only, are eligible to run for a full term when their initial term expires.

(3) A representative to the Elders Advisory Council on Aging may be removed by formal action of the Tribal Governing Board for cause.

(4) The Elders Advisory Council on Aging will fill vacancies as soon as reasonably possible.

(d) Qualifications. Applicants for election as a representative to the Elders Advisory Council on Aging must satisfy the following requirements:

(1) Be an enrolled citizen (member) of the Tribe.

(2) Be at least 62 years of age.

(3) Live within Sawyer County.

(4) Applicants must submit a one-page statement indicating why they are interested in serving on the Elders Advisory Council on Aging and must be mailed to the principle office of the Elders Advisory Council on Aging as established in Section DMR.5.1.040 of this ordinance.

(5) Shall not be employed by the Aging Unit.

(6) Shall have no financial interest in any management or contract of the Aging Unit.

(7) Shall not be primarily employed in a tribal director or management position that will impede the availability as a representative to the Elders Advisory Council on Aging.

(8) Shall not be an elected tribal official.

(9) Shall comply with an approved code of ethics.

(e) Term. Representatives to the Elders Advisory Council on Aging shall be elected by the elders residing within the Aging Unit area of operation, so long as the representative meets the qualifications established in Section DMR.5.3.030(d) above. Representatives to the Elders Advisory Council on Aging shall serve as follows:

(1) All representatives to the Elders Advisory Council on Aging will be appointed for three-year, staggered terms.

(2) Elections shall coincide with the Tribal fiscal year, unless otherwise scheduled due to reasons of death, resignation or removal.

(3) The Tribal Governing Board may remove a representative to the Elders Advisory Council on Aging by formal action if it determines that the representative has a conflict of interest, or for non-compliance, misfeasance or malfeasance.

(4) If a vacancy occurs prior to the end of someone's term, the Elders Advisory Council on Aging shall fill that position with the next highest vote recipient. The person appointed to fill a vacancy will only serve the time left in the unexpired term but may be eligible for election at the end of the appointed term.

(5) Representatives to the Elders Advisory Council on Aging are limited to a one-term limit. After a representative completes a 3-year term, members will be required to take at least one year off before running for re-election.

(6) Members of the same immediate family will not be allowed to serve on the Elders Advisory Council on Aging at the same time.

(f) Officers. Officers of the Elders Advisory Council on Aging shall be Chairman, Vice-Chairman, and Secretary. All officers shall serve one-year periods. The Elders Advisory Council on Aging shall elect its own Officers from among its representatives. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and the Vice-Chairman, the Secretary shall preside.

(g) Meetings.

(1) Quorum. Four of the representative present at a duly called meeting of the Elders Advisory Council on Aging shall constitute a quorum necessary to conduct business.

(2) Voting. All representatives are entitled to vote on all issues. At the call of the question, by any one representative on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. The Elders Advisory Council on Aging shall meet at least every other month, with additional meetings as required at the request of the Chairman or from four (4) representatives. Notices for meetings shall be provided at least 24 hours before the meeting.

(4) Proceedings. All deliberations of the Elders Advisory Council on Aging, except in Executive Session shall be recorded. Minutes of all meetings shall be taken and copies distributed to representatives prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Elders Advisory Council on Aging.

(5) Executive Sessions. The Elders Advisory Council on Aging may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Conferring with a tribal attorney who is rendering oral or written legal advice concerning strategy to be adopted by the Elders Advisory Council on Aging;

(B) Be advised of personnel decisions made by the Aging Director.

(6) Annual Budget / Compensation of the Elders Advisory Council on Aging.

(A) The Board shall review the annual operation budget of the Aging Unit. Once reviewed, such budget shall be recommended to the Tribal Governing Board for approval as part of the tribal annual budget adoption process.

(B) Representatives to the Elders Advisory Council on Aging are volunteers and will not be compensated for service.

(C) Training for Board members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board as set forth in the annual operation budget of the Aging Unit including travel, training/conference registration fees, and lodging costs.

(h) Advisory Capacity. Representatives to the Elders Advisory Council on Aging shall serve in an advisory capacity to the Tribal Governing Board and the Aging Director to promote comprehensive planning and the delivery of elder services and programs.

(1) "Advisory Capacity" to the Tribal Governing Board means that the representatives to the Elders Advisory Council on Aging shall assist the Tribal Governing Board in understanding the program and elder service needs of elders residing within the area of operation and such other persons or entities the Aging Unit may serve. As with other Tribal Committees, Boards and Commissions, the Elders Advisory Council on Aging do not supervise the Tribal Governing Board on the delivery of elder services and program matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Elders Advisory Council on Aging shall review but does not have approval authority over all required or requested reports that the Aging Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to reports or portions thereof that may be deemed confidential. The Chairperson or the Secretary of the Elders Advisory Council on Aging may also be present at all meetings where the Director is expected to present or submit required or requested reports.

(2) "Advisory Capacity" to the Aging Director means that the Elders Advisory Council on Aging shall assist the Aging Director in understanding the program and elder service needs of elders residing within the area of operation and such other persons or entities the Aging Unit may serve and in the planning and delivery of those services and evaluation elder programs. The Elders Advisory Council on Aging is not authorized to supervise the Aging Director on the delivery of elder services and program matters or to require or demand that the Director engage in or approve any particular recommendation and shall not be involved in Aging Unit personnel matters except upon Tribal Governing Board request and then in only an advisory capacity.

(i) Restrictions.

(1) No representatives to the Elders Advisory Council on Aging shall be in a position involving a conflict of interest.

(2) No Aging Unit employee shall be a representative.

(3) No elected official of the Tribal Governing Board shall be a representative.

(4) Nothing in this ordinance authorizes the Elders Advisory Council on Aging to interfere with management, operations, and employment relations or decisions of the Aging Unit.

(5) Representatives shall be prohibited from charging or receiving actual or in-kind compensation, fees, or gifts in connection with the performance of their official duties pursuant to Section DMR.5.3.030(a), above.

(j) Personal Liability and Immunity.

(1) Representatives shall not have any personal liability for activities and obligations of the Elders Advisory Council on Aging, except as maybe imposed by law.

(2) The Elders Advisory Council on Aging, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (l) and (m), is immune, as is the Tribe, from suit and legal process. Notwithstanding any provision of this ordinance, the Lac Court Oreilles Band of Lake Superior Chippewa Indians does not waive any aspect of its sovereign immunity.