28.01.040 Powers

The TISA Board of Directors shall exercise the following powers subject to limitations imposed by Federal Statutes and express limitations within the contents of this Ordinance:

(a) Develop By-laws consistent but not limited to the following:

(1) Define TISA Board of Directors structure and tenure.

(2) The right to sue and be sued in TISA's name upon any contract, claim, or obligation arising from any transactions by the TISA Board of Directors. Nothing in this Ordinance shall be construed as consent of the Turtle Mountain Band of Chippewa Indians to be sued (Sovereign Immunity does not attach).

(3) To adopt and use an official seal.

(4) To enter into agreements, contracts, and understandings with any governmental agency, Federal, State, and local (including the Council) or with any person, partnership, corporation or Indian Tribe, provided that any agreements or contracts negotiated pursuant to United States Code, Title 25, Section 81, must be approved by the Secretary of the Interior or his designee.

(5) To lease property from the Tribe and others for such periods as are authorized by law, and to hold and manage or to sublease the same.

(6) To borrow money and to issue the same, provided that any long-term debentures be subject to a two-thirds vote of the Board of Directors.

(7) To pledge the assets and receipts of TISA as security for debts; and to acquire, sell, lease exchange, transfer or assign TISA property or interest therein subject to a two-thirds vote of the Board of Directors.

(8) To purchase land or interest in land or personal property, to accept same by gift in the name of TISA; to lease such property to the extent provided by law.

(9) To invest such funds as are not required for immediate disbursement.

(10) To establish and maintain such bank accounts as may be necessary or convenient.

(11) To ensure that all acquisitions, benefits and assets received by the Trenton Indian Service Area shall be used exclusively for the members of the designated Service Area; provided by the United States Department of Agriculture, Rural Utilities Service (RUS), the Trenton Indian Service Area shall comply with all federal laws, including, but not limited to, non-discrimination provisions which require that all such facilities shall be installed so as to serve any potential user within the service area who desires service and can be feasibly and legally served.

(12) To ensure that the property of TISA is declared to be used essentially for public purposes and such property in TISA is to be exempt from all taxes and special assessments of the Tribe.

(13) To employ personnel, technical and maintenance, and such other officers and employees, permanent or temporary, as it may require; and to delegate to such officers and employees such powers or duties as the Board may deem proper.

(14) To ensure that during his/her tenure no officer or employee of TISA shall voluntarily acquire any interest, direct or indirect in any project or in any property included or planned to be include in a project or in any contract or proposed contract relating to any project of TISA. If any such officer or employee voluntarily acquires any such interest or voluntarily or involuntarily acquires any such interest prior to appointment or employment as an officer or employee, the officer or employee, in such event shall immediately disclose their interest in writing to TISA, and such disclosure shall be entered in the minutes of TISA, and the officer or employee shall not participate in any action by TISA relating to the property or contract in which he/she has any such interest. Any violation of the forgoing provision of this section shall constitute misconduct in office. This section shall not apply to utility services, the rates of which are fixed by the governmental agency.