The Board Chairperson shall take care that the
purposes of the College are duly observed and implemented. The Chairperson
shall take care that all other officers and administrative officers
of the College discharge their respective duties and, to that end,
may maintain an action of mandamus or other appropriate action against
any delinquent officer. The Chairperson shall address the Menominee
Tribal Legislature annually in September of each calendar year on
the state of the College, proposing therein plans and programs for
the physical and economic development of the College and academic
well-being of the students. As part of the message, the Chairperson
shall set forth the goals of the College that the College should accomplish
in the fiscal year that beings on July 1 of the next calendar year.
The Legislature shall review the proposed goals and give proper consideration
to the appropriation request of the College for sufficient funding
to implement the goals.
A. The Chairperson shall sign all contracts for the College
by authority of the Board of Directors.
B. The Chairperson shall be a member of any board, commission
or department of the College. The Chairperson may appoint or designate
a representative to serve in the place of the Chairperson on such
board, commission or department for the term of office not to exceed
the Chairperson's own term. Such representatives shall be members
of the Menominee Indian Tribe.
At the first meeting of the Board of Directors
in June of each year, the Board shall proceed to elect by secret ballot
from their membership a Chairperson and Vice Chairperson. The Chairperson
shall preside over the meetings of the College Board of Directors
and, while the Chairperson is absent or unable for any reason to discharge
his or her required duties, the Vice Chairperson shall discharge the
duties of the Chairperson and act in the Chairperson's place. While
performing the duties of the Chairperson, any acts performed by such
person shall have the same force and validity as if performed by the
Chairperson.
There is hereby established a four-person Executive
Committee consisting of the Chairperson, the Vice Chairperson, one
other additional member of the Board of Directors to be chosen by
the Board, and the President of the College. The Executive Committee
shall establish its own rules and procedures. It shall be chaired
by the Board Chairperson.
The Board of Directors shall appoint administrative
officers, including but not limited to a President of the College
and such other administrative officers as necessary for the proper
management of the College's affairs. The appointment of administrative
officers shall require the affirmative vote of the majority of all
the members of the Board of Directors. All administrative officers
shall hold their respective offices for a term of as established by
the Board of Directors from and after the first business day in January
of even-numbered years, and all administrative officers so appointed
shall, unless otherwise provided for by the Board of Directors, continue
in office until their successors are appointed and have qualified.
Nothing in this Charter shall be construed as legislating out of office
any appointed official of the College or any administrative officer
appointed by the Board of Directors.
The Finance Officer shall be nominated by the
President of the College and confirmed by the Board of Directors.
The Finance Officer shall have the duty to keep regular books of account
for the College in which the Finance Officer shall enter all indebtedness
of the College and shall at all times show the precise financial condition
of the College and of the several boards, the amount of orders, certificates
or other evidences of indebtedness outstanding.
A. The Finance Officer shall keep accounts of orders
drawn on the treasury in separate books, and shall note thereon the
cancellation thereof whenever the same shall be canceled, and shall
keep such other books and records as shall be convenient for the preservation
of the accounts of all transactions and business of the College and
all books, lists and records heretofore kept, or which shall be kept,
in the Finance Officer's office. Copies certified by the Finance Officer
shall be competent evidence of all matters shown by the books.
B. The Finance Officer shall, as soon as may be after
the close of each fiscal year, report to the Board of Directors on
the financial condition of the College. The Board of Directors shall
approve such report and forward a copy to the Menominee Tribal Legislature.
In addition, the fiscal year report shall be published in a local
newspaper selected by the Board for the publication of official notices.
C. The Finance Officer shall countersign all contracts
made in behalf of the College, and no such contract shall be valid
until so countersigned. The Finance Officer shall keep a book and
shall enter therein all contracts, which shall be open to inspection
of all interested parties. The Finance Officer shall not, directly
or indirectly, be interested in any contract or job to which the College
is a party.
D. All claims and demands against the College shall be
presented to the Finance Officer for audit and adjustment as appropriate.
E. The Finance Officer shall give separate bonds for
the safekeeping of the funds of the College in such sums as may be
required by the Board of Directors.
F. The Finance Officer shall, as soon as may be after
the close of each fiscal year but not later than the following June
30, exhibit to the Board of Directors a full and detailed account
of all receipts and expenditures for the last fiscal year and a state
of the treasury report, which account and report shall be filed with
the Menominee Tribal Legislature.
G. The Finance Officer shall ensure that an annual audit
of the College is conducted by an independent certified public accounting
firm as of the last day of business of each fiscal year.
If any person having been an officer in the
College shall fail, within 10 days after notification and request,
to deliver to his or her successor in office all property, books,
papers and effects of every description in the possession of the officer
belonging to the College or pertaining to the office held, such person
shall forfeit and pay for the use of the College a fine as determined
by the Board of Directors, in addition to all damages caused by such
neglect or refusal to deliver, and such successor may recover the
possession of such books, papers, and effects in the manner described
by Menominee law.
No Board member or other officer or employee
shall be a party to or interested in any job or contract with the
College, and any contract in which any Board member, or other officer
or employee, shall be so interested shall be null and void. In the
event that any money shall have been paid on any such contract, the
amount so paid may be recovered by a joint or several action from
the parties to such contract and the Board member or other officer
or employee interested in the same.
The Board of Directors shall have power to assign
additional duties to any officer, not inconsistent with this Charter,
and to appoint such other officers as may be necessary to carry into
effect the provisions of this Charter and prescribe their duties,
unless otherwise provided for in this Charter.