[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
The purpose of this ordinance is to establish salaries, allowances,
and benefits for the Tribal Council consistent with Article XII of
the Tribal Constitution and to establish delegated legislative procedures
for determining the salary rate and benefits of Tribal Council positions.
BE IT ENACTED by the Grand Traverse Band of Ottawa and Chippewa Indians,
pursuant to the referendum provisions of Article IX, Section 2, of
the Tribal Constitution, the following ordinance.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
The Tribal Council finds and declares that:
(1)
The executive implementation function and legislative policy
function of the Tribal Council require the full-time focus and attention
of Tribal Councilors. Salary-based Tribal Council positions would
enable the Tribal Councilors to meet their elected fiduciary and representative
responsibilities to address the vast and complex regulatory governmental
environment, proprietary business management, development decisions,
and resource protection duties undertaken on behalf of the Tribe.
(2)
Article IV of the Tribal Constitution provides the Tribal Council
with expressed power to function as the executive and legislative
bodies of the Tribe.
(3)
Article IV, Section 3, of the Tribal Constitution provides a
reservation of all Tribal power not expressly stated in the Tribal
Constitution.
(4)
Article IV, Section 1, of the Tribal Constitution contains an
expressed limitation on the powers of the Tribal Council when acting
in its executive and legislative capacity not to exercise power "inconsistent
with any provisions(s) of this Constitution."
(5)
Article XII, Section 1, of the Tribal Constitution is a limitation
on the expressed and implied power of the Tribal Council by providing
the following limitation:
In carrying out the duties of Tribal office, no Tribal official,
elected or appointed, shall make or participate in making decisions
which involve balancing a personal financial interest, other than
interests held in common by all Tribal members, against the best interests
of the Band.
(6)
It is the purpose of this Ordinance to provide for salary, allowances,
and benefits based Tribal Council positions consistent with the Tribal
Council power, Article IV, and limitations of power, Article XII,
expressed in the Tribal Constitution by referendum, Article IX, of
the Tribal membership.
(7)
It is the further purpose of this Ordinance to establish delegated
legislative procedures by the establishment of a Compensation Committee
to address the questions of compensation, allowances, and benefits
for Tribal Council positions.
(8)
Delegation of legislative authority is only to Tribal members
who are original parties to the constitutional contract created by
the Tribal Constitution.
(9)
The Tribal Council Election scheduled for May 21, 1998, has
four Tribal Councilor positions open. Consistent with the limitations
of Article XII of the Tribal Constitution, any Tribal Councilor whose
term extends beyond May of 1998 shall not vote in the affirmative
or negative on this Ordinance. The effective date of the provisions
of this Ordinance shall be post election of May 21, 1998.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
"Allowances". A share or portion allotted or granted as a reimbursement
for ordinary and extraordinary (travel) expenses such as airfare,
mileage, and per diem, while ministering the duties as Tribal Councilor;
salary will include cost-of-living allowance.
(b)
"Benefits". A payment or service provided for under an annuity, pension
plan, or insurance policy, including health, vacation, sick time,
personal time, etc. as provided for under the GTB Personnel Policies.
(c)
"Compensation Committee". Consists of seven registered voters of
the Tribe whereby the Tribal Council delegates legislative and executive
authority to make a review and final determination on the salaries
of Tribal Councilors.
(d)
"Salary". Fixed compensation paid regularly for services rendered
as determined by the Compensation Committee's wage grid structure.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
The Tribal Council hereby delegates its legislative authority to
the Compensation Committee to address the policy question of determining
the amount of the salary, allowances, and benefits for Tribal Council
positions, consistent with the powers of the Tribal Council and in
recognition of the limitation of those powers under the conflict of
interest provision of the Tribal Constitution.
(b)
The Tribal Council hereby delegates its legislative authority to
the Compensation Committee to make a review and final determination
on the salaries of Tribal Councilors based on the following factors:
(c)
The Compensation Committee shall make and implement reasonable standards
governing the "return to work" rights of elected Tribal Councilors
who were formerly employed with a Tribal entity. Such standards shall
apply to the Tribal Council elected on May 21, 1998, and all subsequent
Tribal Councils.
(d)
The Compensation Committee shall be composed of seven registered
voters of the Tribe.
(1)
Two shall be selected by the Tribal Chair and have a term of
office for four years. Three shall be selected by the Tribal Council
by majority vote and have a term of office for two years. The other
two committee members shall be selected by majority vote of the five
selected members and have a term of office for three years.
(2)
Vacancies shall be selected in the same manner as the position
which was vacated by term of office, resignation, or death.
(e)
The Compensation Committee shall have the power to request reports
and recommendations from any Tribal entity.
(f)
The decisions of the Compensation Committee shall not be subject
to review or modification by the executive function or legislative
function of the Tribal Council.
(g)
The Compensation Committee shall have the power to develop internal
procedures not inconsistent with this Ordinance, including determining
the process by which Tribal members may have input regarding the decisions
of the Compensation Committee.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
The Compensation Committee shall issue a set of standards in terms
of a wage grid system that establishes the salary level, allowances,
and benefits for Tribal Council positions.
(b)
The standards shall be issued in not less than 30 days after the
Compensation Committee's first meeting.
(c)
The compensation standards shall take effect upon the issuance of
standards by the Compensation Committee.
(d)
The salary level shall be consistent with the wage grid structure
and shall not be amended more than 10% on an annual basis.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
(a)
The Compensation Committee shall have an indefinite life and convene
on an annual basis to review the compensation standards of the Tribal
Councilors, excluding the Chair's salary which shall be set by
the Tribal Council.
(b)
The Compensation Committee may make changes in the wage grid structure
or allowances or benefits of the Tribal Council on an annual basis.
[History: Tribal Councilors Salary Ordinance, adopted by
Tribal Council on March 25, 1998.]
The Compensation Committee shall be appointed by the Tribal
Council elected in May of 1998. Thereafter, the Compensation Committee
shall immediately implement the provisions of this Ordinance.
