Title 4 Administration

Chapter 1 General Provisions

100 Title

This title shall be known as the "Departmental Organization Act."

101 Authority

This title is enacted pursuant to the inherent sovereign authority of the Upper Mattaponi Tribe (also referred to herein as "Tribe") and pursuant to the Constitution of the Upper Mattaponi Tribe, which confers all Legislative power of the Upper Mattaponi Tribe in the Council of the Upper Mattaponi Tribe, and expressly empowers the Council to "to create departments, boards, and commissions located in the Executive branch of government by law" (Article VII, §4(d)); and with "authority to confirm a nominee presented to the Council by the Chief, subject to final installation of the nominee into office by the Chief" (Article VII, § 4(i)).

102 Purpose

This title is enacted to establish various departments in the Executive Branch of the Upper Mattaponi Tribe, in order to appropriately administer Tribal programs and laws.

103 Effective Date

The provisions of this title shall be effective upon the date signed by the Chief of the Upper Mattaponi Tribe, or upon the date of a veto override by the Council.

104 Interpretation

The provisions of this title shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this title, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court shall construe it consistently with applicable textual tribal law. In the absence of applicable tribal customary law or textual tribal law, the Court shall construe it consistently with applicable law of other jurisdictions.

105 Severability and Non-Liability

If any section, provision, or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

Chapter 2 General Departmental Provisions

200 Removal of Departmental Secretaries

(A) Removal by Chief. Except as otherwise provided under Upper Mattaponi Law, or any contractual agreements between a Secretary and the Chief, any Secretary may be removed by the Chief at his discretion.

(B) Grounds for Removal by Council. A Secretary may be removed by the Council from their position on the following grounds:

(1) Malfeasance, misfeasance, or nonfeasance of office;

(2) conviction by any court of any crime involving moral turpitude; or

(3) any other grounds as established by Upper Mattaponi Law.

(C) Process. The Council shall have the power to remove a Secretary except as may be otherwise provided by law. The process for the removal of a Secretary by the Council shall be as follows:

(1) the Council may recommend removal of a Secretary from their position through passage of an official resolution setting forth the grounds for removal;

(2) the Council, after passage of the resolution outlined in subsection (a) of this Section, shall set a hearing date to consider the removal of the Secretary and notify the alleged Secretary in writing by certified mail, return receipt requested. The hearing shall occur no more than ninety (90) days after passage of the resolution outlined in subsection (a) of this Section, and the hearing notice shall occur no less than thirty (30) days before the hearing date;

(3) at the hearing, the alleged Secretary shall have the right to protest the removal and defend the allegations against him or her, including the right to cross-examine any witnesses who testify against him or her, and shall have the right to be represented by an attorney or other advocate licensed to practice law before the Upper Mattaponi Tribe's courts; and

(4) after the presentation of evidence at the hearing, the Council may remove the Secretary from their position upon a two-thirds majority vote of the entire Council, absent or present.

(5) Any Secretary removed pursuant to this Section may not be reappointed to that same position for a period of two (2) years following removal.

201 Reporting

Secretaries, as officers of the Executive Branch of the Upper Mattaponi Tribe, shall report to the Chief, except as otherwise provided in Upper Mattaponi Law.

202 Records

Departments shall comply with all record retention requirements under Upper Mattaponi Law. Additionally, Departments shall maintain their records on-site for a period of three (3) years before transferring the documents to the Tribe's long-term records storage facility.

203 Annual Report

Secretaries established by this title shall be responsible for providing an Annual Report of the Department's activities to the Council and the Chief by the first day of January of each year covering the activities of the prior year. The report should explain the finances of the Department, identify any current or future liabilities, and any other material items required by Upper Mattaponi Law.

204 Departmental Decisions

Departmental Decisions that affect the rights or liabilities of any person or entity must have a rational basis in fact and be supported by substantial evidence. Such Departmental Decisions must be mailed to said affected individuals within ten (10) days of the date of said decision by Certified United States Mail, Return Receipt Requested with Restricted Delivery. If a Departmental Decision is not timely mailed to the person or persons affected, it shall have no effect.

205 Appeals of Departmental Decisions

Except as otherwise provided by Upper Mattaponi Law, any individual adversely affected by a Departmental Decision shall have the right to appeal said decision to the Trial Court of the Upper Mattaponi Tribe within thirty (30) days of notice of the decision. In no event shall the Trial Court hear any appeal that is filed more than one-hundred eighty (180) days after the date of the Departmental Decision. The Trial Court may establish procedures for consideration of appeals of Departmental Decisions, so long as such procedures provide affected individuals with due process of law.

206 Sovereign Immunity

(A) The Upper Mattaponi Tribe is a sovereign Indian Nation that is immune from suit. Nothing in this Act waives or impairs the Tribe's immunity from suit. As an instrumentality of the Tribe, Departments also enjoy immunity from suit except as expressly provided by Upper Mattaponi Law.

(B) Departments shall not have the authority to waive or otherwise impair the sovereign immunity of the Upper Mattaponi Tribe. The sovereign immunity of the Upper Mattaponi Tribe may only be waived, or otherwise impaired, pursuant to the provisions of Article XIII of the Constitution of the Upper Mattaponi Tribe.

Chapter 3 Environmental Department

300

The Environmental Department of the Upper Mattaponi Tribe is hereby created. The Environmental Department will be responsible for administering and enforcing the environmental laws of the Upper Mattaponi Tribe along with any other responsibilities under Upper Mattaponi Law.

301 Mission

The mission of the Environmental Department shall be to protect human health and the environment by working to ensure citizens have access to clean air, land and water.

302 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Environmental Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Environmental Department from time to time.

303 Secretary

The Environmental Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to environmental sciences;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 4 Cultural Protection Department

400

The Cultural Protection Department of the Upper Mattaponi Tribe is hereby created. The Cultural Protection Department will be responsible for the preservation of the Tribe’s cultural heritage along with any other responsibilities under Upper Mattaponi Law. The Department may accomplish this through lectures, discussions, workshops, classes, demonstrations, or working to repatriate lost artifacts of the Tribe.

401 Mission

The mission of the Cultural Protection Department shall be to preserve and showcase the Tribe's natural and cultural heritage, including language, traditions, and artwork, to strengthen the Tribe's identity.

402 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Cultural Protection Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Cultural Protection Department from time to time.

403 Secretary

The Cultural Protection Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to cultural protection or understanding or comparable work experience;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 5 Housing Department

500

The Housing Department of the Upper Mattaponi Tribe is hereby created. The Housing Department will be responsible for administering and applying the Tribe's housing laws and programs along with any other responsibilities under Upper Mattaponi Law.

501 Mission

The mission of the Housing Department shall be to provide the Tribe’s citizens with safe, quality housing.

502 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Housing Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Housing Department from time to time.

503 Secretary

The Housing Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to public administration or understanding or comparable work experience;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 6 Community Services Department

600

The Community Services Department of the Upper Mattaponi Tribe is hereby created. The Community Services Department will be responsible for administering and applying laws and programs of the Tribe designed to protect against abuse of elders or children, assist with the care of children and elders, nutrition, and food distribution, along with any other responsibilities under Upper Mattaponi Law.

601 Mission

The mission of the Community Services Department shall be to provide assistance and resources to Tribal children, families, elders, and people with disabilities.

602 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Community Services Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Community Services Department from time to time.

603 Secretary

The Community Services Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to social work;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 7 Enrollment Department

700

The Enrollment Department of the Upper Mattaponi Tribe is hereby created. The Enrollment Department will be responsible for maintaining the citizenship rolls of the Tribe, including enrolling new citizens and maintain accurate voter lists in collaboration with the Tribe's Election Commission, along with any other responsibilities under Upper Mattaponi Law.

701 Mission

The mission of the Enrollment Department shall be to quickly and accurately enroll new tribal citizens and maintain accurate tribal citizenship records.

702 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Enrollment Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Enrollment Department from time to time.

703 Secretary

The Enrollment Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to public administration or understanding or comparable work experience;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 8 Education Department

800

The Education Department of the Upper Mattaponi Tribe is hereby created. The Education Department will be responsible for administering programs to provide educational assistance, support, and encouragement, along with any other responsibilities under Upper Mattaponi Law.

801 Mission

The mission of the Education Department shall be to address the education and cultural needs of tribal citizens of all ages.

802 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Education Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Education Department from time to time.

803 Secretary

The Education Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to public education;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 9 Facilities & Infrastructure Department

900

The Facilities & Infrastructure Department of the Upper Mattaponi Tribe is hereby created. The Facilities & Infrastructure Department will be responsible for administering programs to maintain the Tribe's buildings, roads, bridges, and other infrastructure, along with any other responsibilities under Upper Mattaponi Law.

901 Mission

The mission of the Facilities & Infrastructure Department shall be to ensure a safe and healthy environment for employees, visitors, and residents of the Tribe.

902 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Facilities & Infrastructure Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Facilities & Infrastructure Department from time to time.

903 Secretary

The Facilities & Infrastructure Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(D) and (I) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in any field, or ten (10) years of education, training, and work experience in facilities management;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 10 Human Resources Department

1000

The Human Resources Department of the Upper Mattaponi Tribe is hereby created. The Human Resources Department will be responsible for the hiring and training of all Tribal employees, including managing transfers of employees between departments, along with any other responsibilities under Upper Mattaponi Law.

1001 Mission

The mission of the Human Resources Department shall be to support the Tribe and its employees through all phases of employee to ensure a healthy employment relationship.

1002 Organization

Except as otherwise provided under Upper Mattaponi Law, the Chief shall have the authority to organize and operate the Human Resources Department in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Human Resources Department from time to time.

1003 Secretary

The Human Resources Department shall be managed and operated by a Secretary who shall be appointed by the Chief and confirmed by the Council in accordance with Article VII §§ 4(d) and (i) of the Constitution of the Upper Mattaponi Tribe. The Secretary should meet the following requirements:

(A) A bachelor's degree in a field related to human resources or business administration;

(B) Five (5) years experience in a management role;

(D) Knowledge of applicable laws and regulations.

Chapter 11 The Department of Health Enabling Act

1100 Short Title

This chapter shall be known as the Department of Health Enabling Act ("Act").

1101 Purpose

The purpose of this chapter is to establish the Department of Health.

1102 Findings

The Council hereby finds and declares that:

(A) reorganizing the structure of governmental departments and programs in accordance with the Constitution will promote efficiency within the Tribe; and,

(B) establishing a Department of Health within the executive branch of government will assist the Tribe in managing, administering, and evaluating various health care programs for the benefit of citizens of the Tribe.

1103 Organization of the Department of Health

(A) The Chief shall have the authority to organize and operate the Department of Health in an efficient and fiscally sound manner in accordance with the size, scope, and funding of the various programs, services, and other activities that are assigned to the Department of Health from time to time.

(B) The Department of Health may include the following programs, services, and activities:

(1) Primary Care Medical Services

(2) Dental Services

(3) Behavioral and Mental Health Services

(4) Public Health Nursing and Other Services

(5) Administration

(6) Any other program or service established by the Chief, subject to ratification by the Council.

1104 Department of Health Goals and Objectives

The mission of the Department of Health is to assess and implement various health care programs of the Tribe in a well-coordinated and collaborative manner that will enhance educational awareness, disease prevention, and healthy behavioral changes. The primary goal of the Department of Health is to provide comprehensive health care awareness that will target multiple dimensions of health such as physical, mental, emotional, and social needs of citizens of the Tribe of all ages.

1105 Authority to Operate and Administer the Department of Health

(A) The Chief, and any person(s) designated by the Chief and working at the direction of the Chief, shall have the authority to operate and manage the Department of Health and/or any portion or component of the Department of Health.

(B) The Chief, and any person(s) designated by the Chief and working at the direction of the Chief, shall have the authority to administer the authorized funds appropriated for the Department of Health or its subdivisions,

NOTES:

Primary Care Medical Services

The Upper Mattaponi Tribe Comprehensive Health Program provides a comprehensive range of primary healthcare services, appropriate for a local medical center to prevent and treat disease and injury and to promote improvements in health status and outcomes. All medical services, treatments, and laboratory services provided to pediatric and adult patients include the coordination of referrals to outside services not available at the clinic. Primary Care Medical Services include:

(D) Diabetes Treatment and Prevention services

(E) Laboratory Services

(F) Pharmaceutical Services

(G) Telemedicine Services 6. Eldercare Services

Dental Services

The Upper Mattaponi Tribe Comprehensive Health Program provides a comprehensive range of dental services, appropriate for a local dental center to prevent and treat disease and promote improvements in dental health. All dental services, treatment, and laboratory services provided to pediatric and adult patients include the coordination of referrals to outside service not available at the dental clinic. Dental Services include:

(H) Preventive Care - Checkups, Cleaning and Deep Cleaning

(I) Restorative Services - Fillings, Crowns and Bridges

(J) Dentures

(K) Pediatric

Behavioral Health and Mental Health Services

The Upper Mattaponi Tribe Comprehensive Health Program provides a comprehensive range of behavioral and mental health services, appropriate for our citizens, local school systems, and community at-large. All services and treatments provided to pediatric and adult patients include the coordination of referrals to outside services not available through the Tribe. Behavioral and Mental Health Services include:

(L) Individual and Family Support Services

(M) Mental Health Services

Public Health Nursing and Other Services

The Upper Mattaponi Tribe Comprehensive Health Program provides a comprehensive range of home and community-based services, appropriate for ensuring the health and well-being of our citizens and community at-large. Public Health Nursing and Other Services include:

(N) Health, Education, Health Promotion, and Disease Prevention

(O) Public Health Nursing

(P) Physical Therapy 4. Occupational Therapy

(Q) Nutrition and Dietetics

Administration

The Upper Mattaponi Tribe Comprehensive Health Program provides a comprehensive range of administrative services, appropriate for the operation of the Health program. All administrative services not provided by Tribal employees will be contracted with outside vendors where appropriate. Administrative services include:

(R) General Administrative Services

(S) Business Office

(T) Housekeeping Services

(U) Human Resources

(V) Infection Control Services

(W) Information Technology

(X) Medical Records

(Y) Medical Services Administration

(Z) Patient Registration

1106 Procurement Policy

(A) The Chief shall have the authority to establish and modify a written procurement policy for the Department of Health and/or its subdivisions. Any modification to an existing procurement policy for the Department of Health shall be provided to the Council within thirty days of approval by the Chief.

(B) Any procurement policy for the Department of Health approved by the Chief shall include the following provisions:

(1) Notwithstanding any other procurement policy or resolution adopted by the Tribe, the Department of Health is authorized to negotiate, execute and otherwise conclude, and administer contracts and agreements in accordance with appropriated funds as follows:

(a) Operational Contracts: for goods and services, including those with state and federal agencies ("intergovernmental agreements"), that are necessary to maintain operations, services, and to comply with Centers for Medicare and Medicaid Services ("CMS") conditions of participation (collectively, "Operational Contracts"); and,

(b) Revenue Contracts: with insurance providers, third-party administrators, and other similar type of patient benefit providers that are necessary for the Department of Health to submit claims and receive payment for services (collectively, "Revenue Contracts").

(2) The Tribe's liability for an Operational Contract or Revenue Contract entered pursuant to this Act shall not exceed, and sovereign immunity is not waived for, an amount greater than the Tribe's applicable insurance coverage or the total value of the contract, whichever is lower; provided, that the Department of Health shall provide the Council and Chief with an annual written report detailing the number of contracts entered into that included a waiver of sovereign immunity including the purposes and terms of each waiver.

(3) On a semi-annual basis, the Department of Health shall provide a summary of all current Operational and Revenue Contracts, which shall include a description of the type of services provided under the contract, the total and annual amount of the contract, the duration of the contract, and a current revenue and expenditure report, to the Chief and Council.

Chapter 21 The Executive, Legislative, and Judicial Branches Contracting Authority Act

2100 Short Title

This chapter shall be known as, the "THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES CONTRACTING AUTHORITY ACT OF 2023 ("Act").

2101 Purpose

The purpose of this chapter is to authorize each branch of government to contract for services and supplies in accordance with funds appropriated for such purposes in an approved budget.

2102 Findings

(A) On July 22, 2023, the citizens of the Upper Mattaponi Tribe ("Tribe") overwhelmingly voted to adopt a new constitution ("Constitution") to assert the Tribe's sovereign authority as a federally-recognized Indian tribe; and,

(B) The Constitution vests the Council with the authority to enact laws and budget resolutions; and,

(C) The Executive, Legislative, and Judicial branches of government find it necessary to enter into contracts from time to time for services and supplies for their respective branches in order to fulfill their duties and responsibilities; and,

(D) The Legislature finds the need to authorize officials from each branch of government to enter into contracts that are authorized by law in accordance with funds appropriated for such purposes within an approved budget.

2103 Executive Branch Authorization to Contract

(A) The Chief and executive branch personnel shall not have the power to enter into contracts on behalf of the Tribe unless authorized to do so by law enacted by the Legislature or as otherwise authorized by this chapter.

(B) The contracting process for the Tribe to enter into any contract shall include the following steps in the following order: (1) authorization to contract in a law enacted by the Council including this chapter, or by decision of the Council including Department and program enabling laws; (2) selection of the vendor or contracting party pursuant to procurement policies, and negotiation and execution of the contract by the Chief or an authorized designee; (3) ratification of the contract by the Council, but only when the authorizing law expressly reserves the power to the Council to ratify the contract.

(C) Upon authorization in a law or by this chapter, the Chief, and executive branch personnel and subdivisions authorized by the Chief, shall have the power to select the vendor or contracting party in accordance with applicable procurement laws and policies, negotiate the contract terms with the vendor or contracting party, and enter into a contract with the vendor or contracting party on behalf of the Tribe subject to any limitations or conditions placed on the executive branch in the authorizing law including but not limited to the power of the Council to require ratification of a contract by the Council.

(D) The Chief and executive branch personnel are hereby authorized to enter into routine contracts that are necessary for the Office of Chairman, a Department, or a program to carry out its duties and responsibilities; provided, that contacts over one hundred thousand dollars ($100,000) shall be subject to ratification by the Council.

(E) Any expenditure of funds by the executive branch of government shall be done in accordance with the available funds appropriated in an approved budget in accordance with the requirements of the Constitution.

2104 Legislative Branch Authorization to Contract

(A) The Council hereby authorizes the Speaker of the Legislature, on behalf of the Council, to enter into contracts, as previously and specifically authorized by the Council by Legislative Rule, to hire employees, professional advisors, consultants, and others to assist the Council and individual Representatives with fulfilling their duties to enact laws and prepare budget resolutions for the benefit of the citizens of the Tribe.

(B) The Speaker of the Council shall have the authority to enter into contracts for supplies or services for the Council as specifically authorized by Legislative Rule passed by the Council, subject to an appropriation of funds in an approved budget for such purposes.

(C) The services provided under any services contract entered into by the Council shall be limited to the exclusive benefit and use of the Council.

(D) Any contract entered into on behalf of the Council shall include a provision stating that such contract may be canceled at any time and for any reason by the Council.

2105 Judicial Branch Authorization to Contract

(A) The Council hereby authorizes the Chief Justice of the High Court, on behalf of the Judicial branch of government, to enter into contracts to hire professional advisors, consultants, and others to assist the courts with fulfilling their duties to the citizens of the Tribe.

(B) The Chief Justice shall have the authority to enter into contracts for supplies or services for the courts, subject to an appropriation of funds in an approved budget for such purposes.

(C) The services provided under any services contract entered into by the Chief Justice shall be limited to the exclusive benefit and use of the courts.

(D) Any contract entered into on behalf of the Judicial branch shall include a provision stating that such contract may be canceled at any time and for any reason by the Chief Justice.