There is hereby established the Port Gamble S’Klallam Tribal Water and Sewer Utility Department having the responsibility for operating and maintaining Tribal Utilities and Environmental Services.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services.”)
There is hereby established the Port Gamble S’Klallam Tribal Utility Board to serve as the advisory, administrative and management authority for the Port Gamble S’Klallam Tribal Utility Department.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall operate as a subordinate unit of tribal government, independent in its daily operation, but responsible to the Tribal Council for its actions. The methods of appointment, terms of office, and operating procedures of the Utility Board shall be set forth in this code and in bylaws adopted by the Tribal Council.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence and to make reference to Utility Board bylaws adopted by the Tribal Council and to reference Utility Board bylaws.)
The Utility Board shall oversee management of Tribal Utilities and Environmental Services.
To fulfill these responsibilities, the Board shall make recommendations to Tribal Council with regard to:
(1) 
The levy and collection of reasonable fees for Tribal Utility and Environmental Services;
(2) 
The hiring and compensation of appropriate management and maintenance personnel;
(3) 
The adoption of appropriate regulations to implement the requirements of this Code;
(4) 
The disbursement of funds for operation, maintenance and repair of Tribal Utility and Environmental Services; and
(5) 
Contracting with vendors and contractors.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall be composed of five enrolled tribal members and community members, limited to a maximum of two non-tribal members, neither of which shall be chair. No less than three shall be tribal members.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence and to remove requirement that Board include one Tribal Council member and one Housing Authority member.)
Utility Board Member positions shall be appointed or reappointed every four (4) years according to the Boards and Committees Policy and the Utility Board bylaws.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence, to remove requirement that Board include one Tribal Council member and one Housing Authority member, and to change the member terms to four years.)
If any Utility Board Member misses two consecutive Utility Board meetings without a valid excuse, the Tribal Council shall declare the position vacant. All vacancies shall be filled within one month. In the event that the number of unfilled Utility Board Member vacancies prevents gathering of a quorum for purposes of conducting business, the Tribal Council shall act as the interim Utility Board until such time as the filling of Utility Board Members’ vacancies allows for a quorum.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall elect officers to fill the posts of Chair, Vice Chair and Secretary from among themselves. The officers shall be elected after the appointments have been made to the Utility Board by the Tribal Council per section 19.03.06.
(Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
Officers of the Utility Board shall assume the following duties:
1. 
Chair. Shall preside at all meetings, call and arrange all meetings, be responsible for all general management of the Utility Board’s affairs, and perform all duties incidental to the office.
2. 
Vice Chair. Shall perform all of the Chair’s duties in the absence of the Chair and shall assist the Chair as required in handling the Utility Board’s affairs.
3. 
Secretary. Shall keep or cause to be kept a complete and accurate record of all meetings and shall maintain all correspondence, notices and records of the Utility Board.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
The Utility Board shall meet regularly and when business demands and requires attention. Regular and special meetings shall be scheduled by the Chair. Any two Utility Board Members may request the Chair, in writing, to schedule a special meeting of the Utility Board. If the Chair fails to schedule a meeting within five days after receipt of a written request, any other two Utility Board Members may call such a meeting. All meetings shall be open to tribal members and to users of Tribal Utilities and Environmental Services. The Utility Board bylaws shall detail methods of community notice of Utility Board meetings.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; Res. 14-A-108, 8/11/2014, amended this section to remove the requirement that the Committee meet no less than once per month; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services”, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence, and to remove specific public notice requirements now included in the Utility Board bylaws.)
A minimum of three Board Members is required to establish a quorum and conduct Utility Board business. Any action taken by the Utility Board must be approved by a majority vote of those Board Members present at a Utility Board meeting. Each Board Member of the Utility Board, except the Chair, shall be entitled to vote on each matter coming properly before the Utility Board. The Chair shall vote only in the event of a tie.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)
Regular meetings of the Utility Board shall be conducted according to the following agenda outline:
1. 
Call to Order.
2. 
Reading of minutes of previous meeting.
3. 
Report of Finances.
4. 
Report by Manager and/or Operator.
5. 
Old business.
6. 
New business.
7. 
Miscellaneous business.
8. 
Adjournment.
(Amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence and to make compensation consistent with the Boards and Committees Policy.)
The Utility Board members shall receive reasonable compensation for their services. Stipend amounts shall be set and approved by the Tribal Council in accordance with the Boards and Committees Policy and the Utility Board bylaws and shall be of a similar amount received by board members serving on other comparable boards. Board Members shall receive compensation for travel and expenses in accord with established Tribal Administrative policy.
(Res. 95-A-082, 9/20/1995; amended by Res. 09-A-056, 5/12/2009, to allow for utility committee stipend amount changes without requiring a change to the Utility Code. Code originally set stipend amounts at $40.00; amended by Res. 23-A-110, 9/5/2023, to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence and to make compensation consistent with the Boards and Committees Policy.)
The Utility Board shall convene public hearings to discuss changes in Tribal Utilities and Environmental Services rates assessed to customers and proposed changes to the Utility Code. All persons who are directly charged for Tribal Utilities and Environmental Services shall be afforded ten days written notice of such hearings, and adequate notices shall be posted at appropriate places within the community.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995; amended by Res. 23-A-110, 9/5/2023, to use defined term “Tribal Utilities and Environmental Services” and to change the name of the “Utility Committee” to “Utility Board” to more accurately reflect its authority and independence.)