PHS.1.3.020 Board of Public Safety Commissioners and Tribal Governing Board Liaison

The Board of Public Safety Commissioners is hereby created to act in an advisory capacity to the Tribal Governing Board and the Public Safety Commission Executive Director and shall have those powers as stated in this section:

(a) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(b) Official Powers and Duties. The Board of Public Safety Commissioners shall carry out the following official powers and duties:

(1) To advise the Tribal Governing Board and Executive Director of the Public Safety Commission on the activities of the public safety agencies of the Tribe and the public safety needs of members and such other persons or entities the Public Safety Commission may serve;

(2) To serve as an adjudicatory board for citizen grievances under the relevant public safety agency policies and procedures;

(3) To provide advice on the in the creation and review and provide recommendations on policies governing the activities of the public safety agencies of the Tribe, and other such policies as requested by the Executive Director or the Tribal Governing Board;

(4) To provide advice on the development of a Strategic Plan on public safety;

(5) To provide advice in the long range planning of the Public Safety operations;

(6) To provide advice on the development of the annual budgets of the public safety agencies of the Tribe;

(7) To provide advice as directed by the Tribal Governing Board or requested by the Executive Director on matters relevant to the Public Safety Commission and the purposes defined in Section PHS.1.1.040 of this ordinance; and

(8) None of the aforementioned powers and duties may be construed or interpreted to empower the Board beyond the capacity of advisory in nature as more fully defined in Section PHS.1.3.020(h), below.

(c) Organization. The Board of Public Safety Commissioners shall be organized in accordance with the following guidelines;

(1) The Board of Public Safety Commissioners shall be composed of seven (7) persons, all of whom must be citizens (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, or an employee of the Public Safety Commission, or an employee of any of the public safety agencies of the Tribe be appointed as a Board Member. No individual Commissioner, regardless of position, acting alone and without Board of Public Safety Commissioner approval is empowered or authorized to take any action or make any public statement regarding the Public Safety Commission, the public safety agencies of the Tribe, or Board of Public Safety Commissioners' positions on any matter. There shall be no limit on the number of terms any Commission 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 Board to be filled from the tribal citizenry (membership). Applications shall be developed by the Tribal Governing Board.

(3) With the consensus of the Tribal Governing Board, the Chairperson may appoint up to two (2) non-voting members to the Board with expertise in a field relevant to the Board's work. Such ex officio Commissioners need not be enrolled members of the Band. The duration of any such ex-officio appointment shall be established by the Board at the time of appointment. These ex officio Commissioners may also serve as Emergency Response Team personnel.

(4) Applicants and recommended ex officio Commissioners shall submit to a background investigation for a determination of eligibility by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

(d) Qualifications. Applicants for appointment to the Board of Public Safety Commissioners must satisfy the following requirements:

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

(2) Be at least 21 years of age.

(3) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(4) 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:

(A) A felony.

(B) Fraud or misrepresentation in any connection.

(5) Shall not be employed by any of the public safety agencies of the Tribe and shall not be an employee of the Public Safety Commission.

(6) Shall not be primarily employed in a tribal director or management position that will impede the availability as a member of the Board.

(7) Shall not be an elected tribal official.

(8) Shall have demonstrated expertise, knowledge, or credentials in one or more of the following areas for consideration of sitting on the Board; Law enforcement, fire prevention and/or detection, conservation enforcement and/or the exercise of treaty hunting, fishing or gathering rights. The Board shall set the standards for expertise expected of all Commissioners.

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

(e) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section PHS.1.3.020(c) above, to the Board of Public Safety Commissioners as follows:

(1) All members of the Board shall be appointed for three (3) year, staggered terms, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term.

(2) The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Board of Public Safety Commissioners as soon as reasonably possible.

(3) Appointments shall occur on the anniversary date of the Commissioner's appointment, unless otherwise scheduled due to reasons of death, resignation or removal. Each member of the Board shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year.

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

(5) The Commissioners 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 Commissioner shall be conclusive evidence of the due and proper appointment.

(f) Officers. Officers of the Board of Public Safety Commissioners shall be Chairman, Vice-Chairman, and Secretary. The Tribal Governing Board shall name one of the Board Member's as the Chairman of the Board. The Board shall elect from among its members a Vice-Chairman, and a Secretary. All officers shall serve one-year periods. 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. A majority of the full Board shall constitute a quorum necessary to conduct Board business but no action shall be taken by a vote of less than a majority of such full Board.

(2) Voting. All Commissioners 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 monthly on the second Tuesday of the month or at a time agreed upon by the Board and the Executive Director. Special meetings may be held at the discretion of the Chairperson or by request of four (4) Commissioners. Regular and Special meetings notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.

(4) Proceedings. All deliberations of the Board of Public Safety Commissioners, except in Executive Session shall be recorded. The Secretary shall keep complete and accurate records (minutes) of all meetings of the Board. Minutes of all meetings shall be distributed to Commissioners prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Board.

(5) Executive Sessions. The Board of Gaming Commissioners 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 the tribal attorney who is rendering oral or written legal advice concerning strategy to be adopted by the Board of Public Safety Commissioners with respect to litigation in which it is or likely to become involved;

(B) Administrative status of confidential matters such as investigations and complaints;

(6) Annual Budget / Compensation of Board of Public Safety Commissioners.

(A) The Board shall review the annual operation budget of the public safety agencies of the Tribe and the Public Safety Commission. Once reviewed, such budget shall be recommended to the Tribal Governing Board for approval as part of the tribal annual budget adoption process.

(B) Appointed members of the Public Safety Commission shall not receive compensation for service as a Commissioner.

(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 Public Safety Commission including travel, training/conference registration fees, and lodging costs. Such travel and training cost shall be determined and approved by the Tribal Governing Board Liaison.

(h) Advisory Capacity. The Board of Public Safety Commissioners shall serve in an advisory capacity to the Tribal Governing Board and the Executive Director to promote comprehensive planning, delivery of public safety services and evaluation of the public safety agencies of the Tribe.

(1) "Advisory Capacity" to the Tribal Governing Board means that the Board of Public Safety Commissioners shall assist the Tribal Governing Board in understanding the public safety projects and public safety services needs of members and such other persons or entities the public safety agencies of the Tribe may serve. As with other Tribal Committees, Boards and Commissions the Board of Public Safety Commissioners do not supervise the Tribal Governing Board on public safety 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 Board of Public Safety Commissioners shall review but does not have approval authority over all required or requested reports that the Executive 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 Board of Public Safety Commissioners 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 Executive Director means that the Board of Public Safety Commissioners shall assist the Executive Director in understanding the public safety projects and public safety services needs of Lac Courte Oreilles Tribal members and such other persons or entities the public safety agencies of the Tribe may serve in the planning and delivery of those services and evaluation of public safety and Department programs. The Board of Public Safety Commissioners is not authorized to supervise the Director on public safety matters or to require or demand that the Director engage in or approve any particular recommendation and shall not be involved in personnel matters of the public safety agencies of the Tribe except upon Tribal Governing Board request and then in only an advisory capacity.

(i) Restrictions.

(1) No commissioner shall be in a position involving a conflict of interest.

(2) No public safety agency employee shall be a commissioner.

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

(4) Nothing in this ordinance authorizes the Board to interfere with public safety management, operations, and employment relations or decisions.

(j) Care, Loyalty, and Conflict.

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

(2) Commissioners shall, at all time, subordinate their personal interests to those of the public safety agencies of the Tribe and the Board of Public Safety Commissioners and shall avoid conflicts of interest, including without limitation, that no Commissioner shall exploit information related to the authority of the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners for their own personal gain or profit without first presenting the same to the Board of Public Safety Commissioners or shall obtain any personal gain or profit from any transaction with the Public Safety Commission without fully disclosing such involvement and benefit to the Public Safety Commission and obtaining a waiver of any such conflict.

(3) No Commissioner shall commit any act with respect to the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners that is illegal, fraudulent, or willfully unfair to either the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners, or any employees of said departments.

(k) Personal Liability and Immunity.

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

(2) The Board of Public Safety Commissioners, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (m) and (n), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court. Except as provided for in Section PHS.1.3.010(b) of this ordinance, the Lac Court Oreilles Band of Lake Superior Chippewa Indians does not waive any aspect of its sovereign immunity.