[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 3-7-1997 by Ord. No. 96-28. Amendments noted where
applicable.]
The Menominee Tribal Legislature has determined
that the health, safety and welfare of the citizens within the external
boundaries of the Menominee Indian Reservation would best be served
by a Department of Tribal Utilities under the control and responsibility
of the Tribal Legislature rather than an autonomous Tribal Utility
Commission established pursuant to Menominee Tribal Ordinance No.
82-16.
The Menominee Indian Tribe has funds sufficient
to meet the operation costs of this Department.
Ordinance No. 82-16 which established the Menominee
Tribal Utility Commission is hereby revoked in its entirety.
A tribal department is hereby established to
manage, operate and maintain utility systems of the Menominee Indian
Tribe of Wisconsin pursuant to this chapter. The tribal department
shall be known as the "Menominee Department of Tribal Utilities."
The Administrative Plan of the Menominee Indian Tribe shall be amended
to include the Menominee Department of Tribal Utilities (hereinafter
referred to as "Department") within the tribal structure. The Menominee
Tribal Legislature will be the responsible party, through the Department,
to provide services pursuant to this chapter, and the Department shall
be under the direct supervision of the Menominee Administrative Manager
and the Financial Manager who shall be responsible to ensure that
the Department is providing services and management pursuant to its
duties.
The Department shall manage, operate, and maintain
utility systems of the Menominee Indian Tribe of Wisconsin. The Department
shall have responsibility for domestic water and sewer systems constructed
under cooperative projects of the Menominee Indian Tribe of Wisconsin,
the Town of Menominee, and the United States Public Health Service.
The Department may assume responsibility later for the operation of
solid waste, gas, electricity, telephone and other utility systems.
The Administrative Manager and the Financial
Manager shall be the supervisors of the Department's Director.
The Department shall be in existence from the
effective date of enactment of this chapter until revoked by ordinance.
A.
The Department shall:
(1)
Direct
the operation and maintenance of the facilities entrusted to its care
in such a manner that all customers will receive the service that
the Department has agreed to provide. It shall take steps necessary
to ensure that repairs or a replacement of any part of the system
will be done with a minimum of delay and loss of service.
(2)
See
that the personnel employed by it are provided with adequate equipment
and supplies and properly trained to carry out their responsibilities.
(3)
Establish,
subject to the approval of the Menominee Tribal Utility Committee,
rules and regulations regarding the management of the utility system
and ensure that these rules are consistent with prior agreements,
ordinances, codes, laws and the statutes of the Menominee Indian Tribe
of Wisconsin and the federal government.
(4)
Prepare,
subject to the approval of the Menominee Tribal Utility Committee,
a Plan of Operation containing the rules and regulations it adopts
regarding fee assessment schedules, policies, employees' responsibilities,
and other information concerning procedures and guidelines of operation.
(5)
Be
responsible for the operation and maintenance of the community water
and sewage systems of those communities on the Menominee Indian Reservation
and for the operation and maintenance of the electricity system in
Middle Village. The Department will maintain an up-to-date list of
facilities included. In undertaking responsibility for any utility
systems besides water and sewage and Middle Village electricity, the
Department will first seek approval of the Menominee Tribal Legislature,
adopt appropriate additions to the Plan of Operation, and inform the
public at each step along the way.
(6)
Ensure
that insurance, including liability coverage, adequate and sufficient
to protect the interest of the Tribe from losses by fire or other
disaster shall be carried on all property of the Department and the
Tribe.
B.
It shall be the responsibility of the Department to
maintain the main and lateral water and sewer service lines.
C.
It shall not be the responsibility or duty of the
Department to maintain any indoor sewer or water lines or plumbing
facilities, nor is it the Department's responsibility or duty to maintain
individual wells or pumps in rural areas. Such maintenance may be
done by the Department if the schedule permits, with the individual
paying the actual cost of such maintenance. Policies regarding this
matter will be included in the Department's Plan of Operation.
A tribal legislative committee shall be established in conformance with the Menominee Constitution and Chapter 98, Government Plan, of this Code. This committee shall be composed of five members and shall have the following duties and authority:
A.
Review the Department's Plan of Operation and any
amendments thereto.
B.
Review rules and regulations of the Department.
C.
Set the fee schedules for utility use. The estimated
cost for the routine operation of the utility systems, plus the accumulation
of an adequate depreciation reserve fund, shall be used as a basis
for determining these fees. The reserve fund shall provide adequate
funds for replacement of existing equipment and for expansion of operations,
as approved by the Legislature.
D.
Hear and decide complaints made against the Department.
E.
Provide information to the public regarding operation
of the Department.
A.
The Department shall employ necessary personnel to
carry out the operation and maintenance of the water and sewage systems
and to handle the necessary bookkeeping and clerical work. Such personnel
shall be under the supervision of the department head. The department
head shall be the Director of Tribal Utilities. The department head
shall report directly to the Administrative Manager and Financial
Manager. All employees of the Department shall be hired pursuant to
the tribal policies and procedures and shall be subject to such procedures,
except that former employees of the Menominee Tribal Utility Commission
shall automatically become employees of the Tribe upon passage of
this chapter.[1]
B.
The Department shall draft job descriptions for all
positions deemed necessary for the Department's operations, and pay
scales shall be in conformity with tribal policies and procedures.
All employees shall have the same rights, benefits and responsibilities
as other newly hired tribal employees as outlined in the Tribal Personnel
Policies and Procedures Manual.
A.
The Department shall have the authority to collect
fees for services provided. The Department shall post the current
schedule of fees in effect for the public.
B.
If a customer defaults on payment of assessment for
services, the Department has the power to stop service. The Department
shall adopt a standard procedure for handling such cases.
C.
The private property of each customer shall not be
subject to the Department debts in any amount or to any extent whatever.
D.
The Department shall enter into agreements, subject
to the approval of the Menominee Tribal Legislature, with the Public
Health Service and the Bureau of Indian Affairs to sell services to
these agencies, where appropriate, and may negotiate agreements, subject
to the approval of the Menominee Tribal Legislature, to perform construction
or maintenance services under contract with these and other agencies.
A.
All funds received by the Department shall be deposited
in a local bank chosen and designated as depository by the Menominee
Tribal Legislature. An accounting of the Department's funds shall
be available to the Menominee Tribal Legislature each month.
B.
The actual handling of the Department funds shall
be done by the Tribal Department of Finance in accordance with the
Tribe's policies for handling program funds.
C.
All Department ledgers and accounts shall be handled
by the Tribal Department of Finance and audited during the Menominee
Indian Tribe of Wisconsin's annual audit.
The Menominee Tribal Legislature shall be responsible
for ensuring that services are provided by the Department.
A.
If any individual desires to protest a decision made
by the Department, such a protest may be filed, in writing, with the
Director of Tribal Utilities requesting a full review by the Utility
Committee at the next regular meeting.[1]
B.
Customer requests for services, such as repairs or
connections, may be made directly to the department head.
C.
Any individual not understanding the operation of
the Department or having questions about any of the Department's activities
may attend any meeting of the Menominee Tribal Utility Committee.
To protect water, sewage, and other utility
systems belonging to the Tribe or to individual tribal members, the
Tribal Legislature will adopt appropriate ordinances governing use
of these systems. The Department shall have the power to enforce these
ordinances as agent of the Tribal Legislature. This power shall include,
but not be limited to, inspection of all new utility construction,
approval of all new connections to existing systems, and prevention
of unauthorized use of utilities. The Public Health Service will assist
the Department in applying the ordinances. The tribal ordinances currently
in effect shall represent the basis for enforcement by the Department.
