MCC.7.3.010 Individual Assistance Donation Committee Responsibilities

(a) A Committee is hereby created for the purpose of carrying out the provisions of this ordinance and shall have those powers as stated in this section.

(b) Official Powers and Duties. The Committee shall carry out the following official powers and duties:

(1) review and process applications for Donations in an orderly and efficiently manner;

(2) Conduct regular meetings regarding budgets, requests, declinations, and other business related to donations;

(3) provide formal, written reports on all donation decision including declinations to the Tribal Governing Board to approve or deny a Donation application that are necessary pursuant to tribal law; and

(4) take other actions reasonably related to the purpose of the Committee.

(1) The Donation Committee shall be composed of three (3) persons, all of whom must be members of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member be appointed as a Committee member. No individual Committee member, regardless of position, acting alone and without Committee approval is empowered or authorized to take any action or make any public statement regarding the Committee's positions on any matter. There shall be no limit on the number of terms any Committee member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary.

(2) The Tribal Governing Board shall recruit and post vacancies of the Committee to be filled from Tribal Membership. Applications shall be developed by the Tribal Governing Board.

(d) Qualifications. Applicants for appointment to the Committee must satisfy the following requirements:

(1) Be honest.

(2) Have integrity.

(3) Ability to withstand outside pressure to give gifts that do not meet the criteria for donation.

(4) Be an enrolled Member of the Tribe.

(5) Be at least 21 years of age.

(6) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned or forgiven:

(A) A felony.

(B) Fraud or misrepresentation in any connection.

(7) Shall adhere to the care, loyalty, and conflict terms pursuant MCC.7.3.010(h)..

(e) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section MCC.7.3.010(d) above, to the Committee as follows:

(1) The Tribal Governing Board shall appoint a replacement committee member for all vacancies to the Committee as soon as reasonably possible.

(2) A member of the Committee may be removed by formal action of the Tribal Governing Board for neglect of duty, breach of confidentiality, conflict of interest, malfeasance in office, unexcused absences of more than three consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal.

(3) The Committee shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Committee member shall be conclusive evidence of the due and proper appointment.

(f) Meetings.

(1) Quorum. A majority of the full Committee shall constitute a quorum necessary to conduct Committee business, but no action shall be taken by a vote of less than a majority of such full Committee.

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

(3) Regularity of Meetings. Regular meetings of the Board shall be held weekly or at a time agreed upon by the Committee. Special meetings may be held at the discretion of the Chairperson or by request of three (3) Committee members.

(4) Proceedings. All deliberations of the Committee are confidential. The Secretary shall keep complete and accurate records (minutes) of all meetings of the Committee. Minutes of all meetings shall be distributed to Committee members prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Committee.

(5) Executive Sessions. The Committee must consider all matters in executive (closed to the public) sessions that is closed to the public and closed to any individual not on the Committee:

(A) Review of applications submitted pursuant to this ordinance and the grant, or denial, of applications and request for individual assistance donations;

(B) Conferring with the Office of the Attorney General who is rendering oral or written legal advice with respect to the Committee's responsibilities and duties;

(6) Compensation of Committee Members.

(A) Appointed members of the Committee shall receive a stipend of one hundred dollars ($100.00) per month while serving as a current committee member. The amount of stipend is subject to change by resolution of the Tribal Governing Board. A committee member must accept the compensation under this provision.

(g) Restrictions.

(1) No Committee member shall deliberate on an application involving a conflict of interest or the evaluation of family member requests.

(2) Nothing in this ordinance authorizes the Committee to interfere with management, operations, and employment relations or decisions of the Tribe or Tribal entities.

(h) Care, Loyalty, and Conflict.

(1) Committee members shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of the Committee, and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Committee members will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe.

(2) Committee members shall, at all times, subordinate their personal interests to those of the Tribe and the Committee and shall avoid conflicts of interest, including without limitation, that no Committee members shall exploit information related to Tribe, the Committee, or an applicant for their own personal gain or profit.

(3) No Committee member shall commit any act with respect to the Tribe, the Committee, or an applicant that is illegal, fraudulent, or willfully unfair to either the Tribe, the Committee, or an applicant.

(4) In the event of a conflict of interest regarding an application for a Donation, the Individual Assistance Donation Committee member shall refrain from handling or discussing the application.

(i) Personal Liability and Immunity.

(1) To the fullest extent permitted by law, the Tribe shall indemnify members of the Committee against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Committee.

(2) The Committee, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, § 1 (m), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court as the Lac Court Oreilles Band of Lake Superior Chippewa Indians has not waived any aspect of its sovereign immunity in enacting this ordinance.