TITLE 2 – GOVERNMENT ADMINISTRATION PART II – DEPARTMENTS; DIVISIONS CHAPTER 2-21-TRIBAL ADMINISTRATOR

TABLE OF CONTENTS

SUBCHAPTER A GENERAL PROVISIONS

Section 10 Purpose 1

Section 21 Short Title; Codification 1

Section 30 Establishment of the Office of the Tribal Administrator 1

Section 40 Purpose of Office 1

Section 50 Mission 1

SUBCHAPTER B TRIBAL ADMINISTRATOR

Section 60 Creation and Appointment 1

Section 70 General Duties of Tribal Administrator 2

Section 80 Supervisory Duties and Authorities of Tribal Administrator 2

SUBCHAPTER C ORGANIZATION

Section 90 Organization 3

SUBCHAPTER D DIVISION/DEPARTMENT PROGRAM EVALUATION AND MONITORING

Section 100 Division/Department and Program Evaluation Monitoring 4

SUBCHAPTER E REPORTING

Section 120 Reporting 4

TITLE 2 – GOVERNMENT ADMINISTRATION PART II – DEPARTMENTS; DIVISIONS CHAPTER 2-21-TRIBAL ADMINISTRATOR

Legislative History: Enacted on November 18, 2018 by Resolution No. C11-263-18 and Ordinance No. 29-18.

SUBCHAPTER A GENERAL PROVISIONS

Section 10 Purpose (2 PYTC § 2-21-10)

The purpose of this chapter is to establish the Office of the Tribal Administrator of the Pascua Yaqui Tribe and to provide authorization and guidance for its operation.

Section 20 Short Title; Codification (2 PYTC § 2-21-20)

This ordinance shall be known as the “Pascua Yaqui Tribal Administrator Ordinance of 2018.”

Section 30 Establishment of the Office of the Tribal Administrator (2 PYTC §2-21-30)

1. The organizational office to be known as Pascua Yaqui Office of the Tribal Administrator is hereby established as an office in the Executive Branch of the Pascua Yaqui Government.

2. If any section or part of this Chapter is later determined to be void or unenforceable, the remainder of this Chapter shall nevertheless remain in full force and effect, unless this Chapter, without said void or unenforceable section or part, fails in its purpose.

Section 40 Purpose of Department (2 PYTC §2-21-40)

The Tribal Administrator shall oversee the operations and programmatic compliance of the Tribal Government departments that provide benefits and services to Tribal members.

Section 50 Mission (2 PYTC § 2-21-50)

The mission of the Office of the Tribal Administrator is to improve the ability of the Pascua Yaqui Tribe to conduct Tribal business and affairs in a more expeditious and efficient manner; developing and implementing initiatives; communicating Council’s vision, helping to set the tone and climate for the Tribal government, and ensuring the Tribe’s compliance with statutory responsibilities and directives.

SUBCHAPTER B DIRECTOR

Section 60 Creation and Appointment (2 PYTC § 2-21-60)

1. The position of Tribal Administrator is hereby created. The Office of the Tribal Administrator shall consist of a “Tribal Administrator” and such personnel necessary for the execution of its mission, performance of its mandated functions, and to achieve its annual goals and objectives.

2. The Tribal Administrator shall not be deemed to be a “tribal officer” as defined in Article VII of the Constitution of the Pascua Yaqui Tribe; and

3. The Tribal Administrator shall be nominated by the Chairperson and must be approved by the Tribal Council by majority vote (no less than six (6) votes) of the entire Council. Approval by the Tribal Council will constitute appointment to the position of the Tribal Administrator.

4. The Tribal Administrator will be a full-time employee of the Tribe and will be paid compensation commensurate with his or her skills, education, experience, and responsibilities within the standards of compensation, if any, established by the Tribe.

5. The Tribal Administrator must report to the Tribal Council, but will be directly supervised by, the Chairperson.

6. The Tribal Administrator serves at the pleasure of the Tribal Council, and may be removed from that position only by a majority vote (no less than six (6) votes) of the entire Tribal Council.

Section 70 General Duties of Tribal Administrator (2 PYTC § 2-21-70)

1. In conjunction with the Chairperson and Tribal Council, develop, implement, and evaluate the tribe’s strategic program objectives, policies and procedures; interpret and apply policies and procedures.

2. Implement and ensure compliance with Tribal Council approved policies and procedures.

3. To serve as the Chairperson’s designee in departmental areas.

4. Increase senior management’s effectiveness by providing guidance, communicating goals, strategies, and objectives.

5. Oversee development, modification and implementation of departmental policies and procedures.

6. Assign Department/Division Directors accountabilities; develop a climate where cooperation, sharing information and offering opinions is promoted; integrate functional objectives.

7. Meet with Department/Division Directors and community leaders to examine community needs regarding the development of long-term programs, goals and objectives and the evaluation of department operations.

8. Provide leadership and direction in the development of projects; programs, allocates resources, and evaluates cost efficiency.

9. Provide advice and advanced administrative support in area of expertise to Tribal Council and management teams.

10. Confer with council members to discuss the conditions and needs of the community; prepare reports, recommendations, and/or responds to inquiries and requests for information.

11. May represent the tribe on/at a variety of local, state and national boards, advisory groups, committees, task forces and public events.

12. Oversee development of departmental budgets and forward recommended budgets to the Tribal Council for approval. Coordinate with the Department/Division Directors on budget development and monitor the tribal budgets, review the allocation of resources and expenditures; review modifications to budget and provide input on fiscal management issues.

Section 80 Duties and Authorities of Tribal Administrator (2 PYTC § 2-21-80)

1. Manage and supervises Department Directors to achieve tribal goals and objectives.

2. Conduct performance evaluations of Division/Department Directors.

3. Oversee personnel actions relating to Division/Department Directors.

4. Make recommendations to the Chairperson and/or Tribal Council on the hiring and/or termination of Division/Department Directors.

5. Sign and execute documents relating to the daily operations of Tribal departments and divisions, with the exception of federal funds, agreements, and contracts, or the transfer of funds within the tribal bank accounts and other documents that specifically require Tribal Council or Executive Officer approval or signature.

6. Sign and execute Department contracts totaling $10,000 or less. A written monthly report shall be provided to Tribal Council detailing Department contracts executed by the Tribal Administrator.

7. The Tribal Administrator has authority to select, appoint, and hire employees for his or her Office necessary to carry out the laws, regulations, policies and programs adopted by the Tribal Council including, but not limited to;

   1. Hiring authority, subject to the policies and procedures of the Tribe’s Employee Handbook and personnel policies;

   2. Termination authority, subject to the policies and procedures of the Tribe’s Employee Handbook and personnel policies;

   3. Personnel discipline;

   4. Personnel performance review;

   5. Personnel job assignments;

8. The Tribal Administrator has budgetary authority for the Office.

9. The Tribal Administrator has authority to develop and implement internal policies for the efficient and effective administration of the Office.

   1. The Tribal Administrator has signature authority for the Office, except as may be permissibly delegated.

SUBCHAPTER C ORGANIZATION

Section 90 Organization (2 PYTC § 2-21-90)

1. The office consists of a Tribal Administrator and such other personnel necessary for the execution of its mission, performance of its mandated functions, and to achieve its long and short term goals and objectives.

2. The Department may employ staff professionals, support personnel, and/or contract with professional service firms as the Tribal Administrator determines, consistent with the laws of the Tribe and approved budgetary authority.

3. The Department must maintain a current organizational chart. The organizational chart must accompany its annual budget submission and any budget modification requests during the fiscal year, in accordance with the Tribe’s Fiscal Management Ordinance.

SUBCHAPTER D DIVISION/DEPARTMENT AND PROGRAM EVALUATIONS MONITORING

Section 100 Division/Department and Program Evaluations and Monitoring (2 PYTC § 2-21-100)

1. The Tribal Administrator must conduct or cause to be conducted ongoing evaluation of all tribal Divisions/Departments and Programs.

2. The Tribal Administrator must monitor all Divisions/Departments and Programs on a regular basis.

   1. In the event the Tribal Administrator discovers any irregularity in a Division/Department or Program, he or she must report that irregularity immediately to the Chairperson and Tribal Council.

SUBCHAPTER E PROGRAM EVALUATION MONITORING

Section 120 Reporting (2 PYTC §2-21-120)

The Tribal Administrator will formally provide reports and meet with the Chairperson and the Tribal Council on the Tribe’s operations and significant activities on at least a monthly basis.