Ordinance 22-01 for Member comment

The following ordinance is posted for comment from Native Village of Georgetown Members. Submit comments on the ordinance by June 20, 2022. To submit your comments send them to info@georgetowntc.com or by mail to:

Native Village of Georgetown

5313 Arctic Blvd, Ste 104

Anchorage, AK 99518

ORDINANCE 22-01 - ORDINANCE TO ADOPT A COMMITTEE APPOINTMENT, MEETING, AND PROCEDURES

WHEREAS, the Georgetown Tribal Council (Tribal Council) is the governing body of the Native Village of Georgetown having the authority to ordain laws governing the government of the Native Village of Georgetown; and

WHEREAS, the Georgetown Tribal Council in order to keep consistency and order in the ordinances it adopts.

 NOW THEREFORE BE IT ORDAINED THAT THE NATIVE VILLAGE OF GEORGETOWN ADOPT A CODIFICATION ORDINANCE THAT READS:

Chapter 2.1 COMMITTEE APPOINTMENTS, MEETINGS, AND PROCEDURES

Section 010    Applicability of chapter.

Generally. Unless otherwise provided, a committee of the Native Village of Georgetown or public authority board of directors overseen by the Tribal Council by each of the provisions set forth in this chapter. 

Section 020 Powers and duties.

(A) The tribal Council by ordinance may provide for the advisory, regulatory, committee. The ordinance shall prescribe the duties and qualifications of members.

(B) The tribal Council by ordinance may create or designate itself to be a committee of review, adjustment, or equalization. The ordinance shall prescribe the rules of procedure, including quorum and voting requirements.
Section 030 Committees 

(A).  The Standing committee of the Native Village of Georgetown shall be

  1. Enrollment committee having three (3) Council members

  2. Environmental Committee having one (1) Council liaison, four (4) community members, and one (1) youth member

  3. Land committee having one (1) Council Liaison and four (4) community members

  4. Policy committee having three (1) Council members

(B).   Ad Hoc committees are determined by Council on an as-needed basis, the tribal administrator will keep documentation of those committees and membership.

 Section 045 Committee membership

 (A) There shall be two types of committee members:

  1. Council members serving on the committee, either as Council liaison or as a committee member; and

  2. Community members who are asked to serve on a committee or have applied.

Section 050 Appointments.

The Council committee members are appointed by the chair on the meeting following the annual meeting. The council liaison is appointed from the Tribal Council. The community members of committees shall be appointed by the committee chair on an interim basis until the Council can meet and confirm the appointments.

Section 055 Qualifications of members.

In addition to any other qualifications required by this Code, a committee member shall:

(A) Maintain membership with the Native Village of Georgetown while in office;

(B) If serving on an adjudicatory or regulatory board, be at least 18 years of age; and

(C) If under 18 years of age and serving on a committee, may only be on the committee if the committee allows for a youth member.

Section 060 Terms.

Except as otherwise specified in this Code, the regular term of each member of the committee is one (1) year commencing on October 1 of the year in which appointed and ending three years thereafter on September 30, provided, however, to avoid a vacancy until new appointments can be made and confirmed, an appointed member's term is extended until a new appointment is confirmed or a maximum of 120 days whichever occurs first.

Section 065 Compensation of members.

Members of a committee shall receive compensation for attendance at regular, special, or emergency meetings at the rate defined by Council.  

Section 070 Attendance requirements; vacancies.

(A) The office of a member of a board or commission member shall become vacant if the member:

  1. Ceases to meet the qualifications prescribed for the office;

  2. Resigns;

  3. Dies;

  4. Is judicially determined to be incompetent;

  5. Is convicted of a felony, unless a waiver is granted by the Council;

  6. Is removed from office for breach of the public trust; or

  7. During any 12-month period while in office:

    a. Is absent from three consecutive regular meetings without excuse;

(B) A member intending to be absent from a regular meeting shall request of the chair to be excused prior to the meeting proposed to be missed.

(C) A committee chair or the designated staff shall keep attendance records of all meetings, and immediately report the failure of any official to meet the attendance requirements of this section to the Council Chair. The Council Chair or their designee shall notify the office of their delinquency and remove the official from office within 15 days of receiving notification of the official's noncompliance.

(D)  The tribal Council shall be promptly notified of the removal of any office under this section. Vacancies created pursuant to the provisions of this section shall be filled by appointment to the unexpired term of the member whose office becomes vacant.

(E)   Physical and telephonic attendance are permissible with the committee’s acknowledgment.

Section 075 Removal.

(A) A member of the committee may be removed from service for breach of the public trust following the procedures set forth in this section for purposes of this section, actions constituting a breach of the public trust may include factors that materially and adversely affect the performance of the board or commission member or adversely affect the reputation or performance of the board or commission or the municipality. 

Section 080 Officers.

The committee chair is determined by the Council. It is de facto the Council liaison except if the committee is not composed of any Council members, in such case the committee may vote on the committee chair.

Section 085 Quorum.

A majority of the authorized members of a committee shall be a quorum for the transaction of business. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date.

Section 090 Meetings.

A committee may hold regular meetings at such time and place as may from time to time be designated by the committee, but meetings need not be held if no business is pending. Committees shall advise the membership of their meeting schedules, or publicly advertise their meetings were necessitated by statutory requirements. The chair committee or a majority of the committee may call a special meeting of the committee. Meetings of all committees shall be open to the membership, except for an executive session, from which the membership may be excluded.  Emergency committee meetings are authorized under the emergency meeting ordinance.

Section 095 Executive session.

A committee may at any time go into an executive session from which the general public may be excluded by a vote of a majority of the members taken at a public meeting, at which session only those subjects shall be considered as are mentioned in the motion for the executive session. No matter shall be voted upon during an executive session.

The following subjects may be discussed in an executive session:

(A) Matters, the immediate knowledge of which would adversely affect the finances of the government unit.

(B) Subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion.

(C) Matters which by law, or ordinance are required to be confidential.

Section 100 Conflict of interest.

No member of a board or commission may vote on any question in violation of 25 CFR § 900.231-236. No member shall represent any person before the committee of which he is a member. 

Section 110    Procedural rules and order of business.

A committee shall establish its own procedural rules and order of business, except as otherwise provided by law. In all matters of procedure not covered by rules adopted by the committee, Robert's Rules of Order, as revised, shall be applicable and shall govern.

NOW THEREFORE, IT FURTHER BE RESOLVED THAT THE FOLLOWING:

A) WAIVER CLAUSE. Any requirement of separate readings of this Ordinance is hereby dispensed by a vote of not less than a majority of all the members of Georgetown Tribal Council.

B) CODIFICATION. The provisions of Section I of this Ordinance shall be published as appropriate in the Native Village of Georgetown Code of Ordinances as soon as practicable.

C) SEVERABILITY CLAUSE. If any section, part of provision, of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, then it is expressly provided and it is the intention of the Tribal Council in passing this Ordinance that its parts shall be severable and all other parts of this Ordinance shall not be affected thereby, and they shall remain in full force and effect.

D) PUBLICATION AND EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage and publication according to law.

 CERTIFICATION

This resolution was duly considered and adopted at a quarterly meeting of the Georgetown Tribal Council called and convened this 26th day of March 2022, with a quorum present, by a vote of 5 in favor, 0 against and 0 abstaining.

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