One of my first assignments was to collect rent. This required a procurement policy to facilitate a tribal council community loan.
The Hannahville Indian Community Council was responsible for naming the Chairman of the Board of Commissioners in 1977, from among its own members.
The process was integrated with the Council’s structure as follows:
- Source of Appointment: The Council selects one individual from the existing Board of Commissioners to serve as the Chairman.
- Eligibility: Since all twelve members of the Board of Commissioners must be officers or members of the Tribal Council, the Chairman is inherently a member of the Council who has been specifically designated for this leadership role.
- Verification: The proper appointment of any commissioner, including the one chosen as Chairman, is evidenced by a certificate from the Secretary of the Council regarding their election to the Tribal Council.
While the Council names the Chairman, other leadership positions—such as the Vice-Chairman, Secretary, and Treasurer—are elected by the Board members themselves from within their own ranks.
The Board of Commissioners serves as the management body for the Michigan Potawatomi Housing Authority (MPHA). The Board’s structure, powers, and operational requirements are primarily outlined in Article IV of the Tribal Ordinance.
Composition and Membership
The Board is composed of twelve persons. These members are specifically the officers and members of the Hannahville Indian Community Council. Consequently, every commissioner must also be a member of the Tribal Council. Appointment is verified by a certificate from the Secretary of the Council.
Leadership and Officers
The leadership structure within the Board includes several key roles:
- Chairman: Appointed by the Tribal Council from among the Commissioners.
- Vice-Chairman, Secretary, and Treasurer: These officers are elected by the Board from its own membership.
- Dual Roles: A single member is permitted to hold two of these officer positions simultaneously.
- Succession: If the Chairman is absent, the Vice-Chairman presides; if both are absent, the Secretary presides.
Meetings and Decision Making
- Quorum: For the transaction of business, a majority of the full Board (regardless of any vacancies) must be present to constitute a quorum.
- Voting: No action can be taken without a majority vote of the full Board.
- Frequency: Regular meetings are held at intervals defined by the by-laws, while emergency meetings may be called with 24 hours’ notice.
Compensation and Liability
- No Salary: Commissioners do not receive compensation for their services on the Board.
- Reimbursement: They are entitled to reimbursement for expenses, such as travel, incurred while performing their duties.
- Personal Liability: Commissioners are not personally liable for any obligations issued by the Authority. Additionally, if a commissioner signs an obligation but leaves office before it is delivered, their signature remains valid.
Conflict of Interest and Resident Participation
The ordinance includes specific provisions for Board members who may also be residents of MPHA housing:
- Eligibility: Tribal Council members are not barred from the Board because they are tenants or homebuyers in a housing project.
- Participation Limits: Such commissioners can participate in meetings that affect tenants or homebuyers as a group. However, they are prohibited from participating in or being present for any meeting concerning their own individual rights, status, or obligations as a tenant or homebuyer.
- General Disclosure: Any commissioner who acquires a direct or indirect interest in a project or contract must disclose this in writing to the Authority and cannot participate in actions related to that interest.
Key Responsibilities and Powers
The Board is tasked with the broad management of the Authority’s affairs, including:
- Rulemaking: Establishing rules and regulations for the selection of tenants and the management of housing units.
- Staffing: Employing an executive director and other personnel, and delegating powers to them as the Board deems proper.
- Financial Oversight: Issuing obligations (such as bonds or notes) via resolution and ensuring the Treasurer keeps accurate financial records.
- Reporting: Submitting an annual report to the Tribal Council, signed by the Chairman, detailing the Authority’s activities, financial condition, and future plans.
The MPHA was reduced to five members to secure additional funding for a housing “repayable grant” with the Michigan State Development Housing Authority.
I had been hired to collect rent before securing new proceeds, and we established a procurement policy within the tribal boundaries. Challenges soon arose as politics became negative over monetary control.
Bringing up organisational documents soon became a secondary issue.