Resolution No. 2023-48 — Amendment of the Lac Courte Oreilles Tribal Code of Law PRP.7 LCO Housing Authority

WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,

WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and

WHEREAS, pursuant to Article V, Section 1(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a housing authority, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, Section 1(l): and "delegate to subordinate boards, officers, committees, or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, Section 1(m).

WHEREAS, the Tribal Governing Board duly enacted the Housing Authority Code, as amended, for the purpose of providing adequate and affordable housing and housing services to low- and moderate- income Indian families and individuals within the Reservation and any other area served by the Tribe in compliance with the requirements, rules, and regulations of the Native American Housing Assistance and Self-determination Act of 1996.

WHEREAS, the Tribal Governing Board determines that it is in the best interests of the Tribe to amend the Housing Authority Code to incorporate changes that allow for a better understanding of the roles the Tribal Governing Board, Board of Commissioners, and the Executive Director for the Housing Authority.

NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby approves and enacts the following edits and amendments to PRP.7. The edits and amendments to PRP.7 shall be submitted to the Lac Courte Oreilles Law Library as codified law.

Section 1. Add Subsection (c) to PRP.7.3.010 as follows:

(c) There shall be an Executive Director for the Housing Authority with the duties and responsibilities as detailed in the Executive Director job description and detailed in this Chapter. The Executive Director shall report to and take direction from the Board of Commissioners, its offers and the Tribal Governing Board in that order. In the event of a conflict of instruction, the Executive Director may present the issue to the full Tribal Governing Board.

Section 2. Amend PRP.7.3.010 (a) Housing Authority as follows:

(a) The Tribal Governing Board shall appoint a Board of Commissioners who will be responsible for effectuating the Housing Authority Code and the duties as defined in this Chapter. The Board of Commissioners shall act independently of the Tribal Governing Board.

Section 3. Add the word "tribal" to PRP.7.3.010(f)(2) as follows:

(2) To enter into agreements, contracts and understandings with any governmental agency, Federal, state, tribal, or local. . . .

Section 4. Add "enrolled" and "of the tribe" to Section PRP.7.3.015 (a)(1) Board of Commissioners as follows:

(1) The Board of Commissioners shall be composed of seven (7) persons, all whom must be enrolled members of the tribe.

Section 5. Amend Section PRP.7.3.015(a)(2) as follows:

(2) The Tribal Governing Board shall appoint the Chair of the Board. The Board of Commissioners shall elect from amongst itself a Vice-Chair, and a Secretary. In the absence of the Chair, the Vice-Chair shall preside; and in the absence of both the Chair and the Vice-Chair, the Secretary shall preside if a quorum is met.

Section 6. Replace the term "member" with "Commissioner" in Section PRP.7.3.015(a)(3),(4), and (5) as follows:

(3) Any Commissioner may be removed….

(4) The Tribal Governing Board will fill Commissioner vacancies….

(5) The Commissioner shall be appointed…Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Commissioner shall be…

Section 7. Replace the term "member" with "Commissioner" in Section PRP.7.3.015(b) as follows:

(b) The term of office for each Commissioner…Each Commissioner shall hold office…

Section 8. Amend Section PRP.7.3.015(c) as follows:

(c) Commissioner shall receive compensation for their services including travel and training expenses incurred in the discharge of their duties. Such compensation rates shall be determined and approved by official action of the Tribal Governing Board. Any travel and training compensation shall be reviewed by the Executive Director for budgetary concerns.

Section 9. Amend Section PRP.7.3.015(d) as follows:

(d) A majority of the Commissioners shall constitute a quorum for any regularly scheduled Board meetings. A regularly scheduled meeting with less than a quorum may be held but no action shall be taken.

Section 10. Amend Section PRP.7.3.015(e) as follows:

(e) The Secretary shall be responsible for the minutes of regular and special Board meetings. The Secretary shall keep complete and accurate records of all meetings of the Board.

Section 11. Replace the term "Chairperson" with "Chair" in Section PRP.7.3.015(f).

Section 12. Add and Redesignate Section PRP.7.3.015(f) as PRP.7.3.015(g) and PRP.7.3.015(g) shall read as follows:

(g) The Chair of the Commissioner in conjunction with the Executive director, shall be responsible for the posting of Notices and Meetings and distribution of Agendas. The Executive Director shall have the duty for scheduling and room reservations for all meetings.

Section 13. Amend and redesignate Section PRP.7.3.015(g) to PRP.7.3.015(h) and PRP.7.3.015(h) shall read as follows:

(h) The Executive Director shall submit the following reports to the Board of Commissioners:

Section 14. Add Section PRP.7.3.015(j) to read as follows:

(j) The reports, once approved by the Board of Commissioners shall be submitted to the Tribal Governing Board.

Section 15. Amend Section PRP.7.3.030 to read as follows:

The Executive Director shall be hired by the Tribal Governing Board and shall have the day-to-day responsibilities and duties for the operation of the Housing Authority. The Executive Director shall work in conjunction with the Board of Commissioners and the Tribal Governing Board on all matters related to the daily operations and strategic operations of the Housing Authority. The Executive Director shall have those powers as stated in this section:

Section 16. Amend, Add, and Redesignate Section PRP.7.3.030(a)(1)-(8) as follows:

(1) To hire, terminate, and supervise all Housing Authority staff. This duty shall primarily remain with the Executive Director but shall provide a monthly report to the Board of Commissioners, of which the Board shall review and approve such actions taken by the Executive Director.

(2) To advise, develop, and implement, in conjunction with Board of Commissioners to address ongoing housing projects and housing services needs of enrolled members of the tribe and such other persons or entities the Housing Authority may serve.

(3) To research and develop plans to addressing housing tenants needs/concerns and communicate them to the Board of Commissioners.

(4) Assist in the creation and review and provide recommendations on policies governing the activities of the Housing Authority, and other such policies as requested by the Board of Commissioners or the Tribal Governing Board and to implement the same.

(5) To develop and implement in conjunction with the Board of Commissioners a Strategic Plan to address ongoing Housing needs for the tribe, focusing on HUD requirements.

(6) To review and provide information on the development of the annual Indian Housing Plan and the annual Performance Report.

(7) To provide advice as directed by the Tribal Governing Board or requested by the Board of Commissioners on matters relevant to the Housing Authority and the purposes defined in Section PRP.7.3.030(a)(8) of this ordinance.

(8) To run the daily operations of the Housing Authority.

CERTIFICATION

I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 6 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 10th day of May 2023, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 5 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe..

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Tweed Shuman, Secretary/Treasurer

Lac Courte Oreilles Tribal Governing Board