STRUCTURE - Executive

PURPOSE

Define the role and structure of executive functions.

EXAMPLES

Crow Tribe (2001)

Section 1. Executive Officers. The Crow Tribal General Council shall elect from its membership by secret ballot an Executive Branch of Government which shall consist of a Chairperson, Vice-Chairperson, Secretary and Vice-Secretary. Each Executive Officer shall be elected by the qualified voters in an election held in accordance with an Election Ordinance duly adopted by the Crow Tribe. The Executive Branch of the Crow Tribe shall operate as a separate and distinct branch of the Crow Tribal Government and shall exercise a separation of powers from the other branches of the Crow Tribal Government. Members of the Executive Branch shall serve a four (4) year term or until their successors are duly elected and installed. No person may serve as Tribal Chairman, Vice-Chairman, Secretary or Vice-Secretary for more than two (2) four (4) year terms.

Section 3. Enumerated Powers. The Executive Branch shall exercise the following powers and responsibilities herein provided, subject to any limitations imposed upon such powers by the statutes and laws of the United States: a) represent the Crow Tribe of Indians in negotiation with Federal, State and local governments and other agencies, corporations, associations, or individuals in matters of welfare, education, recreation, social services and economic development affecting the Crow Tribe of Indians;…c) engage in any business that will further the economic well-being of the members of the Tribe…; d) administer any funds within the control of the Tribe and make expenditures from available funds for tribal purposes,…including separate budgets for the Legislative and Judicial Branches, for approval by the Legislative Branch of the government and the Secretary of the Interior;…g) enforce all laws, ordinances, resolutions, regulations or guidelines passed by the Legislative Branch…; k) negotiate and approve limited waivers of sovereign immunity…

Section 5. Chairman’s Duties and Authorities. The specific duties and authorities of the Chairman shall be: a) to appoint Cabinet members including a Comptroller who shall be bonded, Chief Executive Officer and other such Cabinet positions adopted by Tribal Ordinance, Resolution or Policy who shall all serve in subordinate positions to the Tribal Officials;…

Minnesota Chippewa Tribe (2000)

1. Tribal Executive Committee. The Tribal Executive Committee shall be composed of the Chairman and SecretaryTreasurer of each of the six (6) Reservation Business Committees elected in accordance with Article IV. The Tribal Executive Committee shall, at its first meeting, select from within the group a President, a Vice-President, a Secretary, and a Treasurer who shall continue in office for the period of two (2) years or until their successors are elected and seated. 2. Reservation Business Committee. Each of the six (6) Reservations shall elect a Reservation Business Committee composed of not morethan five (5) members nor less than three (3) members….

Yavapai-Apache Nation (1992)

Section 1. Executives. The Executive Department shall consist of the Chairperson, Vice Chairperson, Secretary and Treasurer of the Tribal Council and such other persons as the Tribal Council or their designee may find necessary for the administration of tribal business. The Chairperson shall be in charge of the Executive Department in accordance with Section 2 of this Article.

Section 2. Duties. (a) The Chairperson shall make all decisions regarding personnel within the Executive Department, Provided, That decisions regarding departmental directors shall also need the concurrence of the Tribal Council. (b) The Executive Department shall oversee the administration of tribal business and shall exercise those authorities delegated to it.

KEY CONCEPTS

• Specification of offices and selection method

• Enumeration of powers

POINTS TO CONSIDER

• Length of term, term limits

• Compensation