Tribal Code § 220

(a) AUTHORITY AND PURPOSE:

(2) To set forth uniform policies and procedures to promote effective performance of the responsibilities of the Tribal Council, to facilitate orderly and productive meetings and efforts in conducting Tribal business, and establish clear expectations of Council members.

The Council has reserved to itself the legislative responsibility and authority, and other responsibilities and authorities not specifically delegated by law.

It is the intent of the Council that this Ordinance provides guidance to present and future Councils in carrying out their efforts and actions in accomplishing the role of Tribal government and provide for continuity in conducting Tribal business.

(c) APPLICABILITY: The provisions of this Ordinance shall apply to all Tribal Council members.

(d) TAKING OFFICE:

"I, __________, do solemnly swear that I will uphold the Constitution and laws of the Confederated Tribes of the Grand Ronde Community of Oregon, that I will serve the Tribe to the best of my ability, that I will work for the entire membership of the Tribe, that I will responsibly represent the Tribe, that I will carry out the directions of the Tribal Council, that I will declare when a conflict of interest could affect the performance of my duties on behalf of the Tribe, and that I will perform all duties required of me by the Constitution and laws of the Tribe."

Immediately upon the taking of the oath of office, Council members shall begin their terms of office. No Council member shall be a Tribal employee during his or her term of office.

(2) Reprimand: A Council member may be reprimanded by the vote of a majority of the nine (9) members of the Council, for significant failure to perform the duties required by the Oath of Office (Section (d)( 1)) or for failure to comply with the Tribe's drug testing policy in accordance with Section l of this Ordinance; provided that no Council member may be reprimanded unless he or she has first been given a full and fair opportunity to respond at a regular meeting of the Council to the basis of the proposed reprimand. Upon the issuance of a reprimand by the Council, the contents of the reprimand shall be published in the Tribe's newspaper and posted in the Tribal Community and Governance Centers.

(e) VACANCIES ON TRIBAL COUNCIL:

(A) Death, disability, or resignation of a Council Member;

(B) Failure of a Council Member to attend regular meetings on three (3) consecutive occasions without a written excuse accepted by a majority vote of the other members of the Council, according to the terms of Article VI, Section 6 of the Tribe's Constitution.

(C) Recall of a Council Member pursuant to Article II, Section 1 (d) of the Tribe's Constitution, for improper conduct or gross neglect of duty.

(2) Filling Vacancies: In the event that a tribal council seat becomes vacant between elections, said vacancy shall be filled according to the terms of Article VI, Section 6 of the Tribe's Constitution and the term of the replacement shall expire at the same time the original incumbent's term would have expired.

(2) Terms of Officers: Except as provided in Section (f)( 4) below, the officers of the Council elected pursuant to Section (f)( 1) shall hold office from the time of their election as officers until their current term on Council expires.

(3) Duties of Officers: The officers of the Council are hereby assigned the following duties and responsibilities:

(A) Chairperson: The Chairperson is the chief spokesperson for the Tribe, represents the Tribe by name and title, corresponds with other governments and entities on behalf of the Tribe and carries out the following duties;

(i) Calls for and presides over regularly scheduled meetings of the Tribal Council, General Council and other meetings considered necessary to conduct Tribal business.

(ii) Coordinates with other work units and communicates directions from the Council.

(iii) Approve the agenda 24 hours in advance of Council meetings.

(iv) Presents and explains the position of the Tribe on all matters of importance.

(v) Delegates tasks to members of the Council to assist in Council efforts.

(B) Vice-Chair: The Vice-Chair shall assist the Chairperson in the duties of the office and carry out the duties of the Chairperson in his/ her absence.

(C) Secretary: The Secretary ensures the accurate recording of all Council meetings and decisions, certifies minutes, Resolutions, Ordinances and other actions of the Council, and carries out other responsibilities as directed by Tribal law.

(i) Reviews minutes of Council meetings, and ensures accuracy prior to presentation for approval; certifies approved minutes and ensures posting at Tribal Offices.

(ii) Certifies content and accuracy of Resolutions and Ordinances.

(iii) Reviews and advises the Council on record keeping practices.

(4) Removal of a Tribal Officer From His or Her Office: A Council officer may be removed from his or her office for significant and continued failure to perform the duties of his or her office, upon the vote of a majority of the members of the Council. Upon receiving a motion for removal of a Council officer, the Council shall provide the said officer at least two (2) weeks notice from the date of the motion to prepare an answer to the charges contained therein, and the officer shall be given a full and fair opportunity to respond at a regular meeting of the Council to the basis of the motion for removal. Upon the removal of an officer, a new officer shall be elected immediately to fill the vacant office; provided that the new officer's term of office shall expire at the same time as the original officer's term of office would have expired or on the date when the new officer's current term as a Council member expires, whichever shall occur first.

(g) EXPECTATIONS OF TRIBAL COUNCIL MEMBERS: All Council members are expected to:

(2) Provide input on all matters coming before the Council, stating beliefs and providing alternatives and recommendations in all decision making.

(3) Support all Council decisions.

(4) Carry out assignments on behalf of the Council in a timely manner.

(5) Serve on Tribal committees as designated by the Council.

(6) Act in a professional and ethical manner and provide a positive community role model.

(7) Promote cooperation and teamwork between the Council and all other work units and Tribal members.

(8) Avoid interfering with other work units, directing employees or others except as authorized by the Council.

(9) Maintain impartial decision making attitude; keeping personal and family matters separate.

(10) Avoid personal involvement in employee matters.

(11) Upholds the Tribal Constitution.

(A) he conducted himself in good faith; and

(B) he reasonably believed:

(i) in the case of conduct in his official capacity with the Tribe, that his conduct was in the Tribe's best interest; and

(ii) in all other cases, that his conduct was a least not opposed to the Tribe's best interests; and

(C) he had no reasonable cause to believe that his conduct was unlawful.

(2) A Council member's conduct with respect to an employee benefit plan for a purpose he reasonably believed to be in the best interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of Subsection (1)( B)( ii).

(3) The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of no contest or its equivalent is not, of itself, determinative that the Council member did not meet the standard of conduct described in this Section.

(4) The Tribe may not indemnify a Council member under this Section:

(A) in connection with a proceeding by or in the right of the Tribe in which the Council member was adjudged liable to the Tribe; or

(B) in connection with any other proceeding charging improper behavior under the Tribal Ethical Standards Ordinance in which he was determined to have violated that Ordinance.

(5) The Tribe may pay for or reimburse the reasonable expenses incurred by a Council member who is a party to a proceeding in advance of final disposition of the proceeding if:

(A) the Council member furnishes the Tribe with a written affirmation of his good faith belief that he has met the standard of conduct described in (a) above;

(B) the Council member furnishes the Tribe with a written undertaking, executed personally or on his behalf, to repay the advance if it is ultimately determined that he: 1) did not meet the standard of conduct in (h)( 1) above, 2) is adjudged liable to the Tribe, or 3) is found to have violated the Tribal Ethical Standards Ordinance in a proceeding brought under the that Ordinance; and

(C) a determination is made that the facts, then known to those making the determination, would not preclude indemnification under this Subchapter.

(6) The undertaking required by Subsection (h)( 5)( B) must be an unlimited general obligation of the Council member but need not be secured and may be accepted without reference to financial ability to make repayment.

(7) Determinations and authorizations of payments under this Section shall be made in the manner specified.

(8) The Tribe may not indemnify a Council member unless authorized in the specific case after a determination has been made that indemnification of the Council member is permissible in the circumstances because he has met the standard of conduct set forth above. The Tribal Council must make this determination by majority vote of a quorum consisting of Council members not at the time parties to the proceeding. If a quorum of the Council cannot be obtained under this Subsection, then this determination shall be made by special legal counsel selected by majority vote of a quorum of the Council (in which selection Council members who are parties may participate).

(9) Authorization of indemnification and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible.

(10) Indemnification of Officials, Employees and Agents:

(A) An Official of the Tribe who is not a Council member is entitled to indemnification to the same extent and in the same manner as a Council member.

(B) In its discretion, the Tribe may also indemnify and advance expenses to an employee, or agent of the Tribe who is not a Council member, consistent with public policy, by general or specific action of the Tribal Council or by a contract approved by the Tribal Council.

(i) INSURANCE: The Tribe may purchase and maintain insurance on behalf of an individual who is or was a Council member, Official, employee, or agent of the Tribe, or who, while a Council member, Official, employee, or agent of the Tribe, is or was serving at the request of the Tribe as a Director, Officer, partner, trustee, employee, or agent of another Corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise, against liability asserted against or incurred by him in that capacity or arising from his status as a Director, Officer, employee, or agent, whether or not the Tribe would have the power to indemnify him against the same liability under Section (h).

(j) TRIBAL COUNCIL MEETINGS: Tribal Council meetings shall be conducted as follows:

(A) Quorum: Pursuant to Article III, Section 3 of the Constitution, a quorum requires the presence of five (5) Council members. The Council may conduct Tribal business only when a quorum is present to vote on a specific matter. In the absence of a quorum, the Chairperson (in the Chairperson's absence the Vice-Chair, and in the absence of both, the Secretary) shall announce the lack of a quorum; the Council may discuss relevant issues and hear from members of the Tribal Community and the general public but shall take no action.

(B) Chairperson to Preside: During a Council meeting, the Chairperson (in the Chairperson's absence the Vice-Chair, and in the absence of both, the Secretary) shall preside over meeting in the following manner:

(i) Calls the meeting to order, at a place and time designated by the Council;

(ii) Keeps order during meetings, including providing for an orderly process of recognizing all speakers wishing to address the Council, including Council members;

(iii) Calls for and recognizes motions and seconds, and conducts voting on motions;

(iv) Calls for and conducts the vote to adjourn;

(v) Summarizes discussions and debates prior to a vote;

(vi) Other duties as necessary to conduct orderly meetings and informed decision making.

(C) Addressing Council: Any person present at a Council meeting, including Council members, wishing to address the Council may do so, subject to the following provisions. Speakers shall be recognized in turn, in an orderly manner, provided Council members shall have priority over others present.

(i) The Council welcomes input from General Council, staff, or guests present. No one will be denied the opportunity to speak. However, the person must request the floor, and the Chairman will recognize them.

(ii) Persons speaking are not to be interrupted except for clarification.

(iii) When voicing a complaint, persons will speak in a civil manner. The Council will not tolerate personal attacks on anyone.

(iv) On an agenda matter, Roberts Rules of Order shall serve as guidelines. This will ensure that all interested persons will have the opportunity to present their stand on any issue; either for or against.

(v) Issues not being addressed on the agenda must wait for "Other Business."

(vi) People should be an example for the next generation or anyone who looks to us for guidance.

(vii) When the number of attendees requires the use of a Public Address System, each speaker wishing to address the Tribal Council must use a microphone. Otherwise, the Tribal Council will not consider the comments.

(viii) Under the Tribal Constitution, the Tribal Council reserves the right to adjourn any meeting conducted by the Council. If malicious attacks are made against the Council and Staff, instead of asking constructive questions or voicing concerns relevant to Tribal operations, the meeting may be adjourned.

(D) Voting: A vote on a particular issue shall be binding when the following procedure is followed:

(i) A quorum is present when the vote is cast;

(ii) A vote shall be taken when a Council member makes a motion and the motion is seconded, provided the Chairperson may not make motions or seconds, except the Chair may call for a motion and second in order to assist in conducting business;

(iii) After a motion and second, the Chairperson shall call for a vote, either by voice or raised hands. The results shall be recorded; number for, number against, and number abstaining. A Council member may have his or her specific vote on a matter included in minutes;

(iv) The Chairperson may not vote, except when necessary to break a tie;

(v) A motion shall be considered approved and binding if there is a majority vote, except in matters where, as required by the Constitution, a larger than majority vote is required;

(vi) The matter voted on cannot be a matter outside the authority delegated to the Council under the Constitution.

(k) TRAVEL POLICY: Council members traveling on official business shall be subject to the following requirements and procedures, to adequately account for travel expenses and avoid actual or apparent impropriety in the use of Tribal funds.

(2) Lodging: Council shall pay for lodging at the government rate, unless that rate is unavailable within a reasonable distance of the meeting being attended.

(3) Credit Card Policy: Credit cards will be issued to travelers designated as signers on Tribal accounts.

(A) Financial Responsibility: Individuals receiving credit cards will be required to sign for them, and assume direct responsibility for all expenses on the account while the card is under their responsibility. Any unauthorized or disallowed expenses shall be the personal liability of the traveler and must be reimbursed within five (5) days. The individual is not responsible for any charges accrued on the card after it is returned.

(B) Allowable Expenses: Tribal credit cards may be used only for commercial transportation, hotel lodging, and meals with official guests of the Tribe. Individuals must request a travel advance for other meals and anticipated costs prior to traveling, provided, however, that if the individual is unable to obtain a travel advance before departing, he/ she may use their Tribal credit card.

(C) Disallowed Expenses: Under no circumstances shall purchases of personal property, entertainment, or other personal expenses be charged to the account.

(D) Limit: The credit limit on each card shall be five thousand ($ 5,000.00) dollars.

(E) Number of Cards Issued: Only one (1) card shall be issued to each Tribal Council Member.

(F) The sovereign immunity of Council Members alleged to have violated this section is waived to the extent of the liability set out by this section.

(4) Car Rentals: Travelers may rent automobiles when necessary, provided a minimum of three (3) persons actually use the automobile, except less than three (3) persons may rent an automobile if necessary and no other means of transportation is available. Travelers shall not rent luxury automobiles unless no non-luxury vehicles are available.

(l) DRUG TESTING POLICY: The Tribe recognizes that drug and alcohol abuse is a significant problem in the Grand Ronde Community. The Tribe is committed to providing a drug and alcohol-free working environment for its employees, customers and the surrounding community. In keeping with this commitment, the Tribe has established, under its Personnel Management Ordinance, a "zero tolerance" drug and alcohol-free workplace policy. Each Tribal

Council member shall comply with the procedures set forth in the drug and alcohol-free workplace policy including submission to any drug testing conducted pursuant to the policy.

(m) SEVERABILITY: If any provision of this Ordinance is found to be invalid under applicable law, that provision shall be severed from this Ordinance and the remainder of the Ordinance shall remain in full force and effect.

(n) SOVEREIGN IMMUNITY: Nothing in this Ordinance shall be construed to have waived the sovereign immunity of the Tribe, any Tribal entity, department or program, or any Tribal official or employee, except as specifically and explicitly described herein.

(o) LEGISLATIVE ACTION COMMITTEE:

(2) Membership: The Committee shall consist exclusively of the nine-member Tribal Council.

(3) Committee Chairperson: The Tribal Council Chairperson shall appoint members of the Tribal Council to serve as the Chairperson for one or more meetings of the Legislative Action Committee. If the Chairperson for a meeting is absent, then the senior-ranking Tribal Council officer will serve as the Chairperson for that meeting. If no Council officer is present, then the Council member with the most years of service on the Council shall serve as the Chairperson. The Chairperson may participate in the discussion of any issue before the Committee, provided he or she does not deny another Committee member the opportunity to discuss the issue. The Chairperson may also vote on a recommendation of the Committee.

(4) Committee Meetings: Meeting times and places of the Committee shall be determined by the Committee Chairpersons. The times and places of Committee meetings shall be posted in the Tribal Governance Center in a location generally accessible to the Tribal membership. This notice will also advise Tribal members of the procedure for presenting an issue to the Committee. All meetings shall be open to the Tribal membership, except the Committee may discuss matters in executive session in the same manner as the Tribal Council. The Tribal Council may adopt further rules for the governance of the Committee not inconsistent with the provisions of the Tribal Constitution and Tribal Code.

(5) Recommendations of the Legislative Action Committee: The Committee may recommend items for the Tribal Council meeting agenda to the Tribal Council Chairperson by an affirmative vote of five (5) members of the Committee. (Nothing herein shall prevent three or more Tribal Council members from requesting that an item be added to a Tribal Council meeting agenda under Article III, Section 3( c) of the Tribe's Constitution, however, such request shall be independent of any vote of the Legislative Action Committee.)

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Tribal Council Secretary