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OPEN FOR COMMENT
JULY 1, 1999
ProposedvHealth Authority
Comments must be received by July 23, 1999
The Tribal Council, in consultation with the Tribal Attorney's Office, has proposed
adoption of a Health Authority Ordinance. The first reading of the proposed Health
Authority Ordinance was presented at the June 9, 1999, Tribal Council Meeting. The
purpose of the Ordinance is to ensure tribal members are afforded a high quality of
health care. Among other things, the Ordinance does the following:
D Establishes the Grand Ronde Tribal Health Authority, the administrative body re
sponsible for overseeing the general operation of the Clinic and other tribal health
programs.
D Provides for a Board of Commissioners to run the Health Authority. The Board will
have at least 5 but no more than 7 voting members appointed by Tribal Council,
a Provides for 2 Ex-Officionon-voting members of the Board (at least one of which
will be aTribal Council member).
D Provides for hiring of a Clinic Director (by Council with recommendations from the
Board) who will be responsible for overseeing the day-to-day operations of the Clinic.
O Sets forth the duties and powers of the Health Authority which duties and powers
include: administering grants acquired by the Tribe for Health Services; hiring and
disciplining personnel at the clinic; acquiring personal property necessary for con
ducting business, provided that, the Board must get Council approval for purchases
over $100K; setting charges and billing for services rendered; and adopting Bylaws
for the conduct of business.
A copy of the entire Ordinance is printed below. The Tribal Council invites comment
on the proposed new Ordinance. Please send your comments to the Tribal Attorney's
Office, 9615 Grand Ronde Rd., Grand Ronde, OR 97347.
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(a) Authority. The authority for this Ordinance is found under Article III, Section 1
of the Grand Ronde Constitution.
(b) Background and Purpose: Quality health care is a high priority of the Tribe. In
order to ensure that tribal members are afforded a high quality of health care, the
Council hereby establishes the Grand Ronde Tribal Health Authority ("Health Au
thority"). The purpose of the Health Authority shall be to oversee the operation of
Grand Ronde Tribal Health Clinic and other tribal health programs providing ser
vices to Indian and non-Indian residents in the Grand Ronde Community and to
ensure that the Qinic meets the standards for accreditation.
(c) Definitions:
(1) "Council" means the Tribal Council of the Confederated Tribes of Grand Ronde;
(2) "Health Authority" Shall mean the Grand Ronde Tribal Health Authority, the
Tribal Department and administrative body responsible for overseeing the gen
eral operation of the Tribal Health Clinic and other tribal programs;
(3) "Board" meanVthe Board of Commissioners of the Health Authority;
(4) "Clinic" means the Grand Ronde Tribal Clinic;
(5) "Clinic Director" means the person hired to oversee the day to day opera
tions of the Clinic;
(6) "Commissioner" means a voting member of the Health Authority Board of
Commissioners; and
(7) "Ex-Officio Member" means a non-voting member of the Health Authority's
Board of Commissioners.
(d) Board of Commissioners. The Health Authority shall be administered by a
Board of Commissioners. The makeup and general responsibilities of the Board
shall be as follows:
(1) The Board shall consist of at least five (5) but no more than seven (7) voting
members, whom shall be appointed by a majority vote of the Council. At least
three (3) of the members shall be tribal members. To the extent practicable, the
Board shall have at least one member from each of the following fields: Public
Health andor Indian Health; Medicine; Business Administration; and Pharma
ceuticals. Commissioners may not be employees of the Tribe.
(A) Ex-Officio Members: In addition to the voting Board members, there may
be two Ex-Officio or non-voting members of the Board. One shall be a Tribal
Council member and the other shall be a health care provider, not directly
employed by the Health Authority. Ex-Officio Members shall be appointed by a
majority of Council and shall serve a term of two years.
(2) Commissioners shall serve three (3) year staggered terms. In order to es
tablish staggered terms, the initial Commissioners shall be appointed as follows:
one shall serve a 1-year term, two shall serve a 2-year term and two shall serve
a 3-year term. After the initial term, all subsequent terms of appointment shall
be for three years. Vacancies shall be filled by recommendation of the Board and
a majority vote of Council. A Commissioner whose term has expired shall hold
their seat until it is filled.
(3) Commissioners and Ex-Officio Members shall serve at the pleasure of the
Tribal Council and may be removed from office prior to the expiration of their
term, with or without cause, by a majority vote of Council.
(4) Commissioners and Ex-Officio Members shall be compensated for attendance
at monthly meetings at a rate to be set by Council and shall be entitled to reim
bursement for expenses, including travel expenses, reasonably incurred in the
discharge of their duties.
(5) The Board shall adopt Bylaws for the conduct of business, which shall include
the following provisions:
(A) The Board shall select annually from its membership a chairperson, who
shall preside over scheduled meetings of the Board and have the power to
convene special meetings on not less than 24 hours notice to the other mem
bers of the Board.'
(B) A quorum shall consist of three members, provided, however, that no Board
action shall be taken by a vote of less than a majority of the full Board.
(C) Meetings of the Board shall be held at regular intervals as established by
the Board, but not less than monthly.
(6) The Board shall give monthly reports to Council provided that, Council may, in
its sole discretion, call for a longer reporting period. The reports shall include a
(A) summary of Clinic activities for the month,
(B) an explanation of significant problems and accomplishments,
(C) plans for the future, and
(D) such other information as the Authority or the Council shall deem appropri
ate. (7) Clinic Director: Within a reasonable time after appointment, but no later than
three months, the Board shall recommend three candidates for the position of
Clinic Director. The Council shall select and hire a Clinic Director.
(A) The Clinic Director shall be responsible for overseeing the day-to day op
erations of the Clinic. The terms of the contract with the Clinic Director shall be
negotiated by the Board and approved by majority vote of the Council.
(B) The Board shall be responsible for evaluating and overseeing the perfor
mance of the Clinic Director.
(8) The Board shall keep and maintain records of all Authority transactions, meet
ings and business, consistent with generally accepted practices.
(9) The Board shall administer, in accordance with federal, tribal and applicable
state requirements, grants received by the Tribe in connection with the Tribe's
provision of health care services.
(e) Powers of the Health Authority. The Council delegates to the Health Authority
the authority to operate and manage the Tribe's health care facilities, including the
Grand Ronde Health and Wellness Center, and other health programs consistent
with this Ordinance and other tribal laws, and to engage in such other activities
reasonably necessary to fulfill the purposes of this Ordinance. Notwithstanding the
above, nothing in this Ordinance shall authorize the Health Authority to waive the
sovereign immunity of the Tribe.
In furtherance of its general delegation of authority, the Health Authority shall have
the following specific powers, which it may exercise consistent with the purposes
for which it is established:
(1) To hire (by written contract or otherwise), train, promote, assign, compen
sate, discipline andor discharge in accordance with tribal laws, Clinic staff, con
sultants, and other tribal personnel necessary for the provision of health services,
including but not limited to administrators, health professionals and support staff;
(2) To acquire by purchase, lease or otherwise (in the name of and on behalf of
the Tribe), equipment, materials, goods, services, and other personal property
and commodities necessary for the conduct of business, provided, however, that
purchases over $100,000 dollars shall require the approval of Council;
(3) To establish, in consultation with the Tribal Attorney's Office and Human Re
sources Department, personnel policies appropriate to the efficient operation of
the Grand Ronde Health and Wellness Center; provided, however, that such poli
cies shall be substantially similar to the Tribe's personnel policies and the Tribe's
Human Resources Department shall oversee the administration of the policies;
(4) To set the charges and bill for services rendered. (The Tribe's Finance De
partment shall manage all bank accounts and cash flows); and
(5) To do all other things reasonably necessary, proper, and advisable to accom
plish the purposes set forth above.
(f) Compliance with Tribal Laws. Except where expressly provided otherwise in
this Ordinance or applicable Federal Law, the Board shall perform its duties and
exercise its powers in a manner consistent with tribal ordinances and policies.