Title 1 The Chief and Assistant Chief
Chapter 1 Management of Cabinet
100 Authorization of Employment Contracts to Key Directors
The Council hereby authorizes the Chief to enter into employment contacts with well- qualified individuals to serve as the Director of the Department of Finance, the Director of the Department of Records Management, and other Directors and professional personnel of key Departments in the Tribe identified by the Chief. In recognition that each Chief elected to serve will desire to employ key policy making, 'cabinet-level', and administrative appointees, all policy-level personnel, key administrative staff, and political appointees shall not be entitled to an employment contract with the Tribe and shall serve at the pleasure of the Chief.
101 Limited Waiver of Sovereign Immunity
The Chief shall be authorized to include a limited waiver of sovereign immunity in the employment contracts for the Director of the Department of Finance, the Director of the Department of Records Management, and other Directors of key Departments to allow for the enforcement of the contracts; provided, that such waiver shall be limited exclusively to the payment of up to three years annual salary of the effected individual, and that enforcement of the contracts shall be exclusively in the Judicial Branch of government of the Tribe.
Chapter 2 Self-Determination 638-Contracts Authorization Act
200 Short Title
This chapter shall be known as, the "SELF-DETERMINATION 638-CONTRACTS AUTHORIZATION ACT OF 2023" ("Act").
201 Findings
(A) The Council is vested with the authority to pass laws and resolutions pursuant to the Council is vested with the authority to enact laws and Budget Resolutions pursuant to Article VII, Section 4(a) of the Constitution of the Upper Mattaponi Tribe ("Constitution"); and,
(B) The Upper Mattaponi Tribe ("Tribe") wishes to enter into Self-Determination "638" contracts ("638-Contracts) with the Bureau of Indian Affairs ("BIA") and other federal agencies to provide critical funding to operate important programs that deliver valuable services to the members of the Tribe; and,
(C) The Council supports and encourages the Chief and Executive Branch Departments to apply for and obtain all available 638-Contracts and grant funds for the benefit of the Tribe;
(D) The Council finds it in the best interests of the Tribe to provide the Chief and Executive Branch with an efficient and streamlined process to authorize the Tribe to apply for and receive all available 638-Contract and grant funds including the execution of necessary contracts and documents for such purposes.
202 Purpose
The purpose of this chapter is to authorize the Chief of the Tribe to negotiate and execute Self-Determination 638-Contracts with the federal government and BIA to receive federal funds to operate critical programs for the delivery of services to members of the Tribe.
203 Authorization to Enter Into 638-Contracts
The Council hereby authorizes and directs the Chief to negotiate and execute 638- Contracts with the federal government and the BIA on behalf of the Tribe. The Chairman shall be authorized to execute all necessary documents necessary to effectuate the intent of this chapter.
