48.01.080 Establishment of Turtle Mountain Tribe Department of Public Services (DPS)

(a) CREATION. The Turtle Mountain Tribal Council hereby creates the Turtle Mountain Tribe Department of Public Service ("DPS").

(b) COMPOSITION OF DEPARTMENT.

(1) Public Service Commission. The DPS shall be comprised of one Public Service Commission ("PSC") and several Divisions within the Department.

(2) Divisions of Public Service. The Divisions shall include:

(A) Division of Water

(B) Division of Wastewater

(D) Division of Communications

(E) Division of Electric Power

(F) Division on Energy

(G) Division of Technology

(H) any other Division which the Tribe may from time-to-time establish.

(3) Direct or Contract Services. Each Division is authorized, subject to approval by the Commission, to provide Direct Services or to procure private Contract Services for providing the services to ratepayers, or some combination formula that provides the best services at the affordable, fair, and reasonable rates to the ratepayers.

(1) Turtle Mountain Tribe Public Service Commission shall consist of five (5) Commissioners, including one President and four members.

(2) The Council shall select the four Commission Members and the Chairman shall appoint the President of the Commission.

(3) If a vacancy occurs for a Member through death, resignation, or otherwise, the Council shall fill such vacancy. If a vacancy occurs for President, the vacancy shall be filled according to subparagraph (2). The newly appointed President or Member shall serve the remainder of the vacating Commissioner's term.

(d) TERM OF OFFICE. The four members shall serve four (4) year terms, unless sooner resigned from the Commission or removed for cause. The first Commission shall serve staggered terms, with two Commission Members serving four year terms and two members serving two year terms as determined by the Council. The President shall serve a two-year term commensurate with the election cycle of the Council Chairman.

(e) REMOVAL.

(1) The Council may remove the Commission President or any Commission Member if there is reasonable cause to believe that the Commission Member is unable to adequately perform the duties of the office, has engaged in conduct that is unbecoming of the office, or otherwise becomes unfit to conduct the business of the Commission.

(2) A decision to remove the Commission President shall be subject to Judicial Review.

(3) The Commission President, when subjected to removal, shall be afforded due process rights, including 1) a Preliminary Notice to Remove; 2) a notice published in the Turtle Mountain Times and the Turtle Mountain Star; 3) to be represented by counsel; and 4) to provide testimony and evidence in a public hearing before the Council. The public hearing shall be held no sooner than thirty (30) days and no longer than sixty (60) days of published notice. The Court shall render a final decision within thirty days after providing an evidentiary hearing.

(f) ELIGIBILITY

(1) Four Commissioners shall be residential utility consumers and one Commissioner shall also be a business utility consumer.

(2) Commissioners must be at least 25 years of age.

(3) Two Commissioners shall have a minimum four-year baccalaureate college degree minimum and all Commissioners must have a minimum high school diploma.

(4) No member of the Commission shall be an elected tribal official.

(g) COMPENSATION

Commissioners of the PSC shall be compensated for each meeting. Such compensation shall not exceed fifty dollars ($50) for each regular monthly meeting, twenty-five dollars ($25) for each special meeting, and one hundred dollars ($100) for each hearing set forth in subsection (a) of Section 48.01.140.