[Amended 2-18-2021 by Ord. No. 20-47; 6-3-2021 by Ord. No. 21-48; 9-16-2021 by Ord. No. 21-78; 4-7-2022 by Ord. No. 22-05; 6-16-2022 by Ord. No. 22-27; 9-15-2022 by Ord. No. 22-44]
The official administrative structure of the Tribe shall consist
of the following departments and teams, and each department or team
shall perform those duties, fulfill those purposes, and exercise that
authority assigned to it. For the purpose of this section, the term
"director" includes the director, administrator, or lead officer or
employee of each department, regardless of the title contained in
his or her job description. The purposes of each department are only
described in general terms; the full range of services offered by
each department is more fully described in each department's
approved proposals and budgets.
A.
Purpose and duties. The office of the Tribal Chairperson shall be
responsible for providing the Tribal Chairperson with those administrative
support services that are necessary for him or her to:
B.
Authority. Notwithstanding the constitutional authority vested in
the Tribal Chairperson by the Constitution and Bylaws of the Tribe,
or by any ordinances or resolutions adopted by the Legislature, the
Tribal Chairperson shall have the authority under this plan of government
to:
(2)
Issue proclamations; and
(3)
Review and sign all contracts for alternative sources of funding
(i.e., public and private sector contracts and grants), construction
and consulting contracts, vehicle lease and sale contracts, and any
other agreements that the Legislature may authorize the Chairperson
to sign from time to time.
A.
Purpose. The Administrative Committee shall be comprised of the Tribal
Administrator, Financial Manager, Chairman's Office Executive
Director and Human Resources Director, with the Legal Division Director
providing guidance to the Committee, and shall be responsible for
utilizing a team-based approach to managing the organization, problem-solving,
and conducting short- and long-term planning.
B.
Duties. The duties of the Administrative Committee shall be to:
(1)
Review, revise, and/or promulgate organization-wide policies, standards,
practices, and/or procedures, subject to any approval requirements
of the Legislature;
(2)
Issue guidance to individual Administrative Committee members, the
Department of Administration, or to other departments of the Tribe;
(3)
Issue reports to the Legislature or Chairperson as may be necessary
or requested from time to time;
(4)
Perform such other duties as may be prescribed by this plan of government
or other ordinances or resolutions of the Legislature or required
of the Administrative Committee by the Chairperson;
(5)
Review general policies proposed for implementation by departments
prior to those policies being reviewed and approved by main committees;
and
(6)
Approve the granting of administrative leave for tribal employees
or select groups of tribal employees to attend community events or
specific events sponsored by tribal programs.
C.
Authority. The Administrative Committee shall have the authority
under this plan of government to:
(1)
Develop appropriate rules of procedure with respect to the manner
in which it calls and conducts its business;
(2)
Require such reports from any department which the Administrative
Committee deems necessary; and
(3)
Collectively issue directives to individual Administrative Committee
members, and Department of Administration.
A.
Purpose. The Tribal Administrator shall be responsible for providing
the Legislature and Tribal Chairperson with professional and technical
advice and assistance on matters relating to the administration of
government.
B.
Duties. The duties of the Tribal Administrator shall be to:
(2)
Enforce or implement directives or initiatives he or she has received
from the Chairperson or Administrative Committee, or communicate said
directives or initiatives to the Department of Administration, if
appropriate;
(3)
Develop a budgetary process, including the indirect cost budget,
in close consultation with the Budget and Finance Committee and Administrative
Committee;
(4)
Provide technical and professional assistance to the Legislature,
Chairperson, and Administrative Committee in the development and implementation
of government-wide policies and initiatives;
(5)
Review all applications for alternative funding, including any assurances
and certifications required thereunder, and review any renewing contracts
or grants for alternative funding;
(6)
Review contract or grant amendments, modifications, and drawdowns
and review any sales tax exemption certificates issued by the State
of Wisconsin or any other state;
(7)
Develop and maintain an Administrative Policies and Procedures Manual,
subject to review of the Administrative Committee and Governmental
Affairs Committee and any approval requirement of the Legislature;
and
(8)
Receive, distribute, and deposit all official contracts and grants
for alternative sources of funding.
C.
Authority. The Tribal Administrator shall have the authority under
this plan of government to:
A.
Purpose. The Department of Finance shall be responsible for enforcing Chapter 7, Accounting System, of this Code, which establishes the accounting system and internal controls and authorizes that Department to develop an Accounting Procedures Manual and cause an audit of tribal accounts to be conducted annually.
B.
Duties. The Department of Finance shall be responsible for providing
the Financial Manager with those administrative and financial support
services that are necessary for him or her to:
(2)
Enforce or implement directives or initiatives he or she has received
from the Chairperson or Administrative Committee;
(3)
Provide technical and professional assistance to the Legislature,
Chairperson, and Administrative Committee in the development and implementation
of government-wide policies and initiatives;
(4)
Provide and coordinate periodic training to directors and program
managers with respect to financial administration and provide such
other training as directed by the Chairperson or the Administrative
Committee; and
(5)
Develop and maintain an Accounting Procedures Manual, subject to
review by the Administrative Committee and Governmental Affairs Committee
and any approval requirements of the Legislature.
C.
Authority. The Financial Manager shall have the authority under this
plan of government to:
(2)
Sign purchase orders, requests for payment or reimbursement, reports
of expenditures, and any certifications or assurances required thereunder;
(3)
Delegate such authority and tasks to his or her assistants and employees
as may be necessary for the Financial Manager to carry out his or
her duties; and
(4)
Implement procedures designed to safeguard the assets of the Tribe.
A.
Purpose. The Human Resources Department shall be responsible for
providing recruitment and selection, benefit administration, labor
relations, salary administration, training and development, and payroll
services to the employees, officials, and departments of the Tribe.
B.
Duties. The duties of the Human Resources Director shall be to:
(2)
Enforce or implement directives or initiatives he or she has received
from the Chairperson or Administrative Committee;
(3)
Provide technical and professional assistance to the Legislature,
Chairperson, and Administrative Committee in the development and implementation
of government-wide policies and initiatives;
(4)
Perform individual and departmental training assessments to determine
training and development needs of employees and the departments and,
from the data obtained within those assessments, design and conduct
training sessions in a timely manner;
(5)
Develop and maintain a Personnel Policies and Procedures Manual,
subject to review of the Administrative Committee and Governmental
Affairs Committee and any approval requirements of the Legislature;
(6)
Review and regularly monitor budgets and staffing plans to ensure
adequacy of funding to maintain said staffing;
(7)
Call or participate in hearings or negotiations involving unemployment
compensation claims and employment contracts; and
(8)
Review employment applications and records to determine employee
eligibility for benefits.
C.
Authority. The Human Resources Director shall have the authority
to:
A.
Purpose. The Department of Administration shall be responsible for
the day-to-day supervision of department directors directly assigned
to it, conduct periodic monitoring of departmental goals and objectives,
and conduct periodic performance and compliance reviews to ensure
that departments and programs are meeting their stated goals and objectives.
B.
Duties. The duties of the Department of Administration shall be to:
(2)
Enforce or implement directives or initiatives issued by the Tribal
Administrator or Administrative Committee;
(3)
Provide technical and professional assistance to departments and
communicate the directives and initiatives of the Tribe to departments
and programs to assure proper compliance and implementation;
(4)
Assist the Tribal Administrator in the development of a budgetary
process;
(5)
Review any sales tax exemption certificates issued by the State of
Wisconsin or any other state;
(6)
Respond to funding agency inquiries;
(7)
Assist the Tribal Administrator in the development and maintenance
of an Administrative Policies and Procedures Manual;
(8)
Assess the staffing, equipment, and supply needs of the departments
and report those needs to the Tribal Administrator;
(9)
Monitor department implementation and compliance with directives
and policies and conduct followup reviews as necessary; and
(10)
Provide periodic training to directors and program managers
with respect to proper contract or grant administration and provide
such other training as directed by the Tribal Administrator or Administrative
Committee.
C.
Authority. The Assistant Tribal Administrators shall jointly have
the authority to:
(2)
Issue directives to any department or program not assigned to its
immediate supervision which is required for that department or program
to maintain or achieve compliance with an applicable law, regulation,
policy, or contractual requirement;
(3)
Sign any sales tax exemption certificates issued by the State of
Wisconsin or any other state; and
(4)
Delegate such authority and tasks to their assistants and employees
as may be necessary for the Assistant Tribal Administrators to carry
out their duties.
Each director to whom this provision is made applicable shall:
A.
Perform, deliver, or fulfill the services, goods, or contractual
requirements described in his or her annual tribal budget proposal,
indirect cost proposal, contract for public or private funding, or
requirements under any policy or ordinance governing the conduct of
the department's operation;
B.
Properly monitor and manage funds allocated or appropriated to the
department for use in carrying out departmental goals and objectives;
C.
Carry out the duties and responsibilities described in his or her
job description or any other duty properly assigned by his or her
immediate supervisor;
D.
Adhere to the Personnel Policies and Procedures Manual, Accounting
Procedures Manual, and Administrative Policies and Procedures Manual;
and
E.
Promptly respond to all requests for information (e.g., detail budgets
and breakdowns, budget modifications, grant documents, employee requisitions,
employee change of status forms, cash or inkind contribution information,
coding/recoding information, etc.) made by the Human Resources Director
or Financial Manager.
Each director to whom this provision is made applicable shall
have the general authority to:
A.
Supervise, direct, train, discipline, and evaluate the performance
of employees assigned to his or her department;
B.
Supervise, direct, train, discipline, and evaluate the performance of directors assigned to his or her supervision pursuant to § 98-20 of this chapter;
C.
Delegate such authority and tasks to his or her immediate, subordinate
employees as may be necessary and appropriate for him or her to carry
out his or her duties and responsibilities;
D.
Timely and properly review and approve expenses relating to the delivery
of goods or services provided to his or her department and timely
and properly issue invoices to creditors; and
E.
Exercise any other powers granted by this plan of government, other
ordinances or resolutions of the Tribe, policies approved by the Legislature,
or the Constitution and Bylaws of the Tribe.
The attached flowchart titled "MITW-Administrative Flowchart"
shall be the official administrative flowchart of the Tribe.[1]
[1]
Editor's Note: The flow chart is included as an attachment to this chapter.
Any reference in a law, regulation, document, paper, or other
record of the Tribe to the Program Coordinator's Office or to
the Administrative Manager's Office shall be deemed to be a reference
to the Tribal Administrator.
A.
Purpose. The Legal Division shall be responsible for the day-to-day
supervision of attorneys and staff working in the criminal and civil
functions of the Division.
B.
Duties. The duties of the Legal Division Director shall be to:
(2)
Represent the Tribal Legislature and tribal programs in civil matters;
(3)
Provide legal guidance and advice to the Tribal Legislature and tribal
programs;
(4)
Prosecute crimes as provided in Tribal Law;
(5)
Hire and supervise staff attorneys in both criminal and civil practice
areas as necessary and as approved in the department budget;
(6)
Draft ordinances, laws, policies as needed;
(7)
Support the work of outside counsel hired by the Tribe as needed;
and
(8)
Develop and enforce tribal-specific guidelines for the practice of
law in both criminal and civil practice areas.
A.
Purpose. The Internal Audit Department shall be responsible to provide
independent, objective assurance and consulting services to the Menominee
Tribal Legislature that are designed to add value and improve the
operations of the Tribe. It helps the Tribe accomplish its objectives
by bringing a systematic, disciplined approach to evaluate and improve
the effectiveness of governance, risk management and control processes.
B.
Duties. The duties of the Internal Audit Department shall be responsible
for providing the Internal Audit Director with those support services
that are necessary for him or her to:
(2)
Develop a flexible, risk-based annual plan of Internal Audit Department
work; consider input of management, and submit plan to Menominee Tribal
Legislature for review and approval;
(3)
Implement approved annual plan, including, as appropriate, any special
projects requested by Menominee Tribal Legislature;
(4)
Provide consulting services regarding governance as agreed upon with
management;
(5)
Report significant issues related to governance, risk management,
and control of the Tribe to the Menominee Tribal Legislature, including
potential improvements, and provide information concerning such issues
through resolution;
(6)
Investigate and assist in the investigation of significant fraudulent
activities within the Tribe and notify the Menominee Tribal Legislature
of the results;
(7)
Maintain departmental policies and procedures, subject to review
by the Administrative Committee and Menominee Tribal Legislature;
(8)
Coordinate with and provide oversight of other control and monitoring
functions; and
(9)
Report to the Menominee Tribal Legislature, with Chairperson supervising
day-to-day administrative functions only, such as approving timecards
and leave requests.
C.
Authority. The Internal Audit Director shall have the authority to:
(2)
Have unrestricted access to all tribal and chartered organization's
activities, functions, records, property, and personnel for purposes
of fulfilling duties;
(3)
Have full access to the Menominee Tribal Legislature;
(4)
Allocate resources, set frequencies, select subjects, determine scopes
and timing of work, and apply the techniques required to fulfill its
purpose and responsibilities;
(5)
Obtain the necessary assistance of personnel in departments, entities,
and affiliated organizations of Tribe where services are provided,
and obtain other specialized services from within or outside of Tribe;
and
(6)
Delegate such authority to Internal Audit staff as may be necessary
for the Internal Audit Director to carry out his or her duties.
Any reference in a law, regulation, document, paper, or other
record of the Tribe to the Enrollment/Licensing and Permits Department
shall be deemed to be a reference to the Licensing and Member Services
Department.
