3.05.050 Commissioners, officers and personnel.
(1) Number, Term, and Removal. Upon enactment of the ordinance codified in this chapter, the commission term basis shall be two two-year and three one-year terms. Thereafter, each chairperson and vice chairperson shall be appointed for a two-year term. The remaining three commission members will serve a term basis of one year. In the case of early vacancy of a member, an appointment shall be only for the length of the unexpired term. Each commissioner shall serve until his or her successor has been qualified, appointed, and taken his or her position. The business council or commission, as set forth in subsection (3)(c) of this section, may remove any commissioner for cause at any time.
(2) Eligibility. To be eligible for election or appointment to the commission, a person can be an enrolled member of the tribe, over 18 years of age, and without criminal conviction or adverse civil judgment having to do with theft, dishonesty, or fraud for the previous two-year period. No two commissioners shall be siblings, married to each other, parent/child, or grandparent/grandchild.
(3) Vacancies. Vacancies on the commission shall be addressed as follows:
(a) Death. Upon the death of a commissioner, the business council shall appoint as soon as practicable, a new commissioner to serve the remainder of the deceased’s term.
(b) Resignation. Written notice shall be given to the chairperson or secretary of the commission and to the business council. The written notice shall include the effective date of the resignation. The business council should allow sufficient time for the appointment of a replacement.
(c) Removal. The business council shall immediately appoint a replacement for any commissioner it has removed from the commission for any of the following causes:
(i) Malfeasance.
(ii) Misuse of commission or tribal funds.
(iii) Failure to perform duties.
(iv) Suspicion of being under the influence of drugs or alcohol and failure of (A) refusing to take a drug test (to be administered at the human resource department of Robinson Rancheria Resort and Casino) or (B) failure of such drug/alcohol test as recommended by vote of the commissioners.
(v) Nepotism, conflict of interest, or inappropriate use of position for personal gain.
(vi) Unauthorized representation of commission or tribal positions and goals.
(vii) Failure to attend three consecutive meetings without the approval of the housing commission.
(viii) Inappropriate use of funds not specified in the cost summary submitted in the cost summary or budget of the HUD grant.
(4) Officers. The commissioners shall elect from amongst themselves a chairperson, vice chairperson, secretary. Each officer shall hold only one office, subject to reelection by the commissioners.
(5) Chairperson. The chairperson shall:
(a) Be subject to the control of the commissioners and will be responsible for the affairs of the commission although the tribal housing director shall be delegated day-to-day operation of commission activities. The chairperson, along with the tribal housing director, shall be the principal liaison among tribal members, the housing commission, governmental agencies, and the general public, and shall supervise and direct the activities of the housing director in accordance with such policies, resolutions and/or directives as the housing commission may adopt in accordance with this chapter.
(b) Preside at all meetings of the commission and perform all duties incident to the office and such other duties as may be required by this chapter or by applicable law, or which may be prescribed by the commission.
(c) Except as otherwise expressly provided by this chapter or applicable law, in the name of the commission may execute such deeds, mortgages, bonds, contracts, checks or other legal documents as may be authorized by the commission. All of the above shall require the approval of the business council, and authorized signatures.
(d) Cause preparation of, sign, and deliver to the commission and the business council a detailed annual report showing (i) the names of the occupants of all the housing units on the Rancheria, (ii) the number of vacancies, if any, (iii) the status of construction, maintenance, and repair of all housing units, (iv) the financial status of the commission, (v) commission, goals and objectives for the current and following years, and (vi) such other information as the commission and business council deems appropriate.
(e) Vice Chairperson. The vice chairperson shall, in the absence of the chairperson, or in the event of the chairperson’s inability or refusal to act, perform all the duties of the chairperson and when acting as such shall have all the powers of and be subject to all the restrictions of the chairperson.
(6) Secretary. The secretary shall:
(a) In conjunction with commission staff, the secretary shall cause to be maintained at the housing director’s office complete and accurate minutes of commission minutes and actions taken by the commission, recording therein the time and place of the meeting, whether regular or special and, if special, how authorized and how notice thereof was given, the names of those present at the meeting and the proceedings thereof.
(b) The secretary shall cause all notices to be duly given in accordance with provisions of this chapter or as required by law.
(7) Removal of Officers. Removal of an officer prior to expiration of his or her term of office shall be by two-thirds vote of the commissioners. Removal may be made only for cause for those reasons listed in subsection (3)(c) of this section. Removal of a commissioner may not commence until such time as that commissioner is appraised of the “cause” and given the opportunity to reply to the presented “cause.”
(8) Compensation. Commission members shall be compensated with current housing budget permitting, for fulfilling their duties as commission members per diem and travel for offreservation business rates authorized by the commission policies and procedures.
(9) Professional Staff. The commission shall employ no more than two professional staff, including a tribal housing director, to perform the administrative duties of the commission. [Ord. 15-02 § 5, 2015.]