The Utility Board shall oversee management, in an advisory capacity, of the business and operating affairs of the Utility Department. The Utility Board may make recommendations regarding the hiring and contracting personnel for the care and maintenance of the Tribal Utilities and Environmental Services (provided that hiring shall be in accordance with tribal personnel policies), and shall establish compensation rates consistent with the Utility Department’s approved budget. The Utility Board may delegate only those management duties that are not specifically designated as duties to be performed by 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 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 propose an annual budget enumerating the necessary costs of Tribal Utilities and Environmental Services operations, maintenance, administration, personnel, liability and other insurance, replacement, and a reserve for major repairs and replacements. The Department’s annual budget will be presented to the Council for its approval prior to the commencement of the Tribe’s fiscal year.
(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 annual budget shall be used to determine a fee schedule to be assessed to the users of Tribal Utilities and Environmental Services. The budget and fee schedule shall be approved by 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 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 depository of the Department shall be in the Tribe’s General Account but shall be accounted for by separate accounting statements clearly indicating all receipts taken in for the benefit of Utility Department activities.
Suitable financial records shall be maintained for all expenditures, receipts from payments for services, investments and returns on investments, and any other financial matters necessary for operation of the Utility Department. The separate accounting records for the Department shall be maintained in an appropriate accounting procedures manual. The records of accounts shall be made available to the Tribal Council upon request.
(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 “Utility Department.”)
The funds accrued by the Utility Department and kept on deposit are for the exclusive use of the Utility Department for the necessary operation, maintenance, and management of Tribal Utilities and Environmental Services. Utility Department funds shall not be transferred or loaned to the Tribal General Fund or any other accounts of the Tribe or other Tribal departments, except to pay for services provided to the Utility Department by other Tribal departments.
(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.”)
Fire and other insurance on property owned or used by the Department or on property in which the Department has an insurable interest shall be in amounts and type of coverage specified by the Tribal Administrative Director. Insurance may be part of the Tribal insurance policies, with the expenses thereof pro-rated to the Department if so directed 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)
The Utility Board shall have the authority to make recommendations to the Tribal Council regarding the adoption of appropriate regulations and policy as needed to implement the provisions contained in this code.
(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.)
No regulation duly adopted by the Tribal Council may be suspended or altered by any person without prior written authorization of 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)
The Utility Board shall recommend amendments to this code that it believes necessary to promote the efficient, cost effective and self-sufficient operation of the Utility Department, and shall present such amendments to the Tribal Council for approval.
(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.)
Any customer or any applicant for utility services, who is aggrieved by any action of the Utility Department may file a grievance with the Utility Board. The Utility Board shall abide by provisions of this code and shall handle such grievances in a manner which provides for due process of law.
All decisions by the Utility Board on matters that have been submitted for grievance under the Department’s grievance procedures shall be considered final. Final decisions of the Utility Board may be appealed to the Tribal Court by an aggrieved party only on the basis that the Department’s grievance procedures were not followed, or that due process was denied. This provision shall not constitute a waiver of sovereign immunity and in no case is the Port Gamble S’Klallam Tribe or the Utility Board or Utility Department liable for money damages.
(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 Department is a department of the Port Gamble S’Klallam Tribal Government, and thereby retains all rights of sovereign immunity of the Tribe. By providing services and entering into service agreements, the Department shall not waive the sovereign immunity of the Port Gamble S’Klallam Tribe or any of its officers, agents, attorneys or employees, or anyone else acting at the direction of and on behalf of the Port Gamble S’Klallam Tribe.
(Res. 92A 026, 2/11/1992; amended by Res. 93-A-043, 6/8/1993; amended by Res. 95-A-082, 9/20/1995)