The Hannahville Indian Community Bylaws grant the Council specific authority. This authority allows them to decide the compensation for their members and officers. This power is primarily detailed in Article III of the Bylaws, which was recently amended on April 15, 2020.

Authority to Prescribe Salaries and Management Contracts

The Council has the discretion to prescribe salaries for the community’s officers and council members as it “deems advisable”. This authority is not absolute. It is constrained by the availability of resources. Salaries must be drawn from funds that are “available and applicable”.

Procedural and Administrative Context

While Article III establishes the power to set salaries, other sections of the Bylaws provide the administrative framework for how these payments are managed and overseen:

• Fund Custody and Disbursement: The Treasurer is responsible for safeguarding all community funds. Critically, the Treasurer cannot pay out or disburse any funds, including salaries. This action requires specific authorization by a resolution duly passed by the Council.

• Financial Oversight: It is essential to ensure accountability in the use of community funds for salaries and other expenses. For this reason, the Treasurer’s books and records must be audited. This audit should occur at least once a year. The Council or the Commissioner of Indian Affairs can also direct additional audits at other times.

• Chairperson’s Role: The Chairperson is responsible for presiding over the meetings where these financial decisions are made. They carry out any authority “laid upon him by the Council” regarding the community’s administrative affairs.

• Broader Constitutional Connection
  The Council’s ability to pay salaries is supported by its powers under Article V of the Constitution. This allows it to manage business enterprises. It also enables the creation of a community fund. Specifically, the Council has the constitutional power to expend funds for the conduct of community business. This category naturally includes the administration of the governing body or boards (est. $1.3 million) and its CEO salaries (est. $700,000).

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