Working Effectively with Tribal Councils

Source: Cynthia Johnson with Brian King, ACKCO, September 2004.

This fact sheet was developed by a council member, detailing protocol and procedures for building a good relationship with your Tribal Council. Although each tribe is different, there are some general strategies that all tribal programs can use.

Working with Tribal Councils: Often a program's relationship with their Tribal Council determines the standing they have in regards to funding and other forms of tribal support. Council members, as well as other tribal programs, the school board, and community members may not understand the term "service-learning". Tribal Councils are often influenced by what they hear about a program in the community, the issues other programs may raise, or individuals who may address the council in regards to the program. If a council is not favorable to a program it can often negatively influence decisions made on issues like the contribution of matching funds or getting the community involved in service-learning projects. It is important to take a proactive approach in developing a professional working relationship with your Tribal Council to ensure that they both understand and support your mission.

Some common approaches to establishing a good relationship include: inviting council members to participate in service projects and other community events the program may be involved in; following proper procedure to get listed on the Council's agenda to present the purpose and mission of your service-learning program, and then continue to present regular reports on the program activities and progress on objectives. If the Council is aware of the many benefits service-learning is contributing to the community, they may be more apt to support the program.

Resolutions: Establishing a good relationship with your Tribal Council is vital to garner support if it is necessary for the program to request matching funds each year. Most programs ask that the Tribal Council pass a resolution stating that the tribe will support the program, including amounts of financial support needed. Check with your Tribal Council's administrative support personnel for the proper forms and procedures for proposing a resolution. Managing to get the support of the Council by way of resolution can often solidify the financial and administrative support of the program.Resolutions are also a good way to formalize the tribe's commitment to service. Many tribes have passed resolutions approving a certain amount of administrative leave annually for tribal employees to do so service; others have formally recognized days of service (such as Native American Youth Service Day, the third Saturday in April). Some tribes are also adding service requirements to their graduation and scholarship requirements.

Program Staff, Teachers, and Students: Community perception can often greatly influence the Tribal Council. Remember to regularly report on your activities to local district, chapter, or area meetings as well as the School Board. Program directors should discuss with teachers and students the importance of community perception as well. They should be aware that the community is observing the service activities and that public perception can often influence the success or failure of the program.

WORKING WITH TRIBAL COUNCILS

By Claire Miller, Council Member

Salt River Pima-Maricopa Indian Community

It is a good idea to learn about the particular tribe you are working with.

• Make an effort to learn about the community and its characteristics.
• Learn who the elected officials are and know them by name.
• Tour the community with someone who knows the land and some of the history of the tribe.
• Know the tribal structure. How is the government set up to operate?
• Attend a council meeting to learn the method of interaction between the departments andthe council.
• Introduce yourself to council members when the opportunity presents itself.

INTRODUCTION

The role of the council member is complex and encompasses many facets of leadership.In the past several years tribal councils have had to become major participants in national, regional and local politics to protect their tribal sovereignty, tribal assets and most importantly, the future of their tribes. There are ongoing attempts by certain lawmakers in the Arizona legislature and in the U.S. Congress to infringe upon the rights of tribal nations to govern themselves through variousimpending or proposed legislation to impose:

1. Taxes on tribal businesses
2. Increased regulatory requirements on gaming activities
3. Profit sharing with the state from gaming revenues
4. Federal cuts in funding for tribal Health, Education and Welfare.

This is only a small sampling of issues which are only mentioned to demonstrate the varying aspects of tribal leadership which take the time and attention of a council member. Sometimes these issues take full meetings aside from regular council meetings in order to discuss them thoroughly and to get a consensus on how the government stands in regard to each particular issue. Oftentimes, tribal employees are unaware of the items their councils are dealing with and may feel that their particular area of interest is being neglected.

On the whole, council members are certainly aware of the programs and department operations because it has, as a body, approved the establishment and funding for those services for the community based on need. Staff should never assume that council members are not interested or supportive of their work.

We'll discuss policy versus administrative functions of a council which will assist you in understanding the distinct roles and responsibilities of the tribal council and will help to know how to interact with tribal councils and their members.

THE ROLE OF A TRIBAL COUNCIL

Simply said, the tribal council identifies the needs of the tribe and its members, selects and approves programs to meet the identified needs, and allocates the required resources to provide needed services to tribal members. The tribal council is the policy-making body for the tribe.

There are several reasons why a council must provide leadership in policy-making:

• Because that is what the tribal constitution says to do:
• Because that is what tribal members want;
• More importantly, because in a time when tribal government has swiftly moved beyond "housekeeping" functions, wise leadership is what must be provided for the survival and good of the tribe, the membership and council members themselves. Often community members and others forget that council members are included in the constituency of the tribe. Their decisions are going to impact their own lives in the present and in the future.

Tribal members are concerned about housing and employment opportunities, community development, and sound fiscal management—and they expect the council to do something about these concerns. They expect the council to make policy!

WHAT IS POLICY?

Policy is the business of making decisions about the tribe. The old reporter's adage of "who, what, where, why and how?" are some of the difficult questions to be asked: WHERE is the tribe going; HOW should it get there; WHAT are the tribe's problems, and HOW should the government try to solve them; WHEN should they be solved? The tribal council's ultimate and primary role may be described as the policy-making body in tribal government. This responsibility may be shared—for example, between the chairperson and the council. However, it is up to a tribal council to decide what its role will be and to define its responsibility. Even though a council may not always initiate policies, it must at least ratify or review those that are presented before them. Policy-making can be active or passive: "non-decision" is a policy; "doing it the way we did last year" is a policy.

So, what is policy? Essentially, policy is what a council defines it to be, using its best judgement and common sense. It is not the day-to-day operations of the departments—that is administration. While there are times that administrative issues may not be the council's business, council members have the final responsibility to answer to tribal members for the way the tribe is run, therefore have a right to expect thorough answers from staff to reasonable questions.

POLICY AND ADMINISTRATION

The fine line between "policy" and "administration" always causes debate and tension in running a tribal government. Sorting out the differences is sometimes difficult. Here, though, we will concern ourselves with the day-to-day realities of policy and administration rather than theory. Administration can be many things:

• It can overlap with policy, and only be sorted out on an issue-by-issue basis.
• It can be a more satisfying way to determine an issue because it is ofteneasier than tackling tough policy questions. A council member's valuable and limited time may be better spent on important policy issues rather than administrative details.
• It can be those things that tribal department heads wish council memberswould stay away from.

To see what a policy versus administration problem really looks like in practice, here are some examples of typical tribal decisions. Are they policy or administrative? If they are policy, what level of policy?

• The Economic Department Director proposes construction of a new recreation facility. Is this a department administrative decision, or a tribal policy council decision? It is both, and you need to consider the implications of such a decision.
• The tribal personnel department proposes a new policy on employee lunch hours. A policy decision? Certainly. But, a council level concern? Probably not.
• The tribe decides to apply for federal community development funds and, as part of the application, must prepare a housing assistance plan. A policy issue? Clearly, yes—and definitely worth the council's time and attention.

Most, if not all tribes, have a community manager, tribal operations manager, tribal chief administrative officer, or other similar titled positions who acts in the capacity of what a city government may have in their city manager. He or she is responsible for the day-to-day operations of the tribe along with the tribal president, chairman, governor and the vice president, vice chairman or lieutenant governor. Issues which require immediate attention are determined by the community manager and he/she coordinates the administrative staff to address the problem or item. This may or may not include the president and/or the vice-president.

Tribal council members on the other hand may or may not assist in these matters. Their role is differenthowever, their involvement may be required for a particular reason. Because there are often subcommittees, enterprise boards, review panels or other appointed positions that a council member may have responsibility for, their participation may be based on the work they do for their committees.

The community manager runs day-to-day overall government business, prepares reports for the council, and coordinates the many programs to make sure that the council's policy is carried out. He/she also creates new programs if needed and authorized by the council. His/her duties includes responsibility for all administrative functions of the tribe not otherwise prohibited by the tribal constitution or by tribal ordinance or Federal law. The tribal council defers tribal administrative questions to the tribal manager for action. He/she prepares an annual budget and prepares and presents annually the long term capital improvement program to the council. He/she is also responsible for the appointment, supervision and dismissal of all employees according to the personnel policies, sees that resolutions and ordinances of the council are executed and performs many other administrative functions.

Personnel policies and procedures dictate how employees interact within the government. It is a good idea to get a copy and read them if you will be working within the system for any amount of time. While the policies may only cover permanent employees, it is best to know how the department where you are assigned to work functions within the government structure. It also is good to know the chain-of-command of the departments.

As a volunteer or temporary employee of a tribal government, one should expect to hear all kinds of statements and "rumors" on what "council" said or did. Generally, the activities of the council are subject to much interest and speculation within the government operations. The tribal staff, many whom are members of the tribe, like to discuss council meetings and what took place weekly or however often their council meets.While this interest is healthy and it shows good citizenship, many times the information being spread is incorrect and loses much in its interpretation.

Because the council is perceived to be the "boss" and may have to ask questions of a department director about service delivery to their constituency, employees inevitably feel that they are being scrutinized and may sometimes feel they are being "picked on." The council members cannot and should not make an effort to approach each employee to express their concern without going through the proper channels, in this case the community manager. The community manager is charged with overseeing the employees of the tribe and has the authority to take employee actions. This is again, the administrative function of a tribe.

Most grievances and employee problems are handled at the tribal administrative level however, council meetings may include as part of their agenda a time for community members to address the council. Members may have complaints of service from a department of the tribe or may be seeking contributions for various activities which may be for the community as a whole or a community member may just want to express concerns or provide information to the council. In this forum, the council members may have a reason to follow up on issues which may be administrative in nature however, because the issue was brought out in a council meeting, may require a report from administration staff of their actions to resolve the matter.

The importance of knowing the difference between administrative and policy issues of the tribe and of the council is so that interaction, whether it be personal or part of your job responsibilities, with the council is well-defined.

It is important to build a good working relationship with the council at your tribe because it promotes the work that you do for the tribal members and ensures the program's continuance in the community. When resources are limited and the council has to decide which programs get funded or not, they will examine the track record of a program to determine its value and effectiveness to the community. It is important to have a relationship with any of the council members so that you have an advocate to support your activities. Some tribes have subcommittees or standing committees which address specific areas of tribal operations such as natural resources, economic development, cultural resources, etc. This can help in creating a more personal relationship with council members serving on the committees if your program falls under the authority of a subcommittee.

So you may have a personal relationship with a council member, what can or can't you say to him/her? It is not a good idea to unload every single problem you have with the staff in your department or office. A level of professionalism should be maintained for the sake of the program and the staff you work with. It is not in the best interest of the council member to hear all the gossip and problems, which in most cases, can't be addressed by him or her. This is where the administrative responsibilities lie with the community manager and should not become an issue of a council person no matter how gruesome the details may be. What happens in the meantime is that council members may feel that they have to avoid interacting with certain people because of the perception that he/she is unwilling to do anything about the problems they have been hearing about. In most cases, the concerns are in fact passed on to the proper authority, the community manager for his/her action.

It is beneficial to have a working relationship with the council however, it is a relationship which requires careful consideration and it is important to avoid imposing personal or hidden agendas on them.

GOVERNMENT-TO-GOVERNMENT RELATIONSHIPS

Tribal governments face the task of having to respond to their communities and the needs of their membership and maintain ongoing intergovernmental functions with surrounding municipalities, the state and the federal government. In some circumstances federal funds are available to tribes through intergovernmental agreements with the state. Maybe it is the only way to access those particular funds which are needed for the programs at the tribe, however, it is not the method of choice by tribes to receive funds. The issue is tribal sovereignty.

Long gone are the days that tribes could remain in a vacuum and concentrate on the needs of the tribe. Today outside interests impact tribal government in a way that is unprecedented. The state government, in negotiating a required gaming compact with tribes, is pushing for a percentage of tribal dollars generated from casino businesses on tribes. The impact the loss of revenue to the state would have in tribalcommunities which are still trying to provide the basic necessities for their people is great. It behooves tribal leaders to maintain an open dialogue with key legislators to impress upon them the impact that such a provision would make in the tribal communities. Nationally, Congress has repeatedly slashed federal budgets for American Indian health, education and welfare. The decline in funding for services to tribal members is contrary to past agreements and treaties which hold the federal government to their trust responsibility for the health, education and welfare of American Indians in the nation. Additional efforts to violate the federal government's trust responsibilities to the first peoples of the nation are ongoing with each new session of Congress.

To develop and implement intergovernmental goals it is necessary to become ACTIVE as well as REACTIVE in our relationships with other governmental levels. Activities of tribal governments influence and are influenced by the outside world and it is important to deal effectively with external pressures. More and more those tribes located adjacent to urban areas experience issues which both sides deal with because of the common boundary.

How does all of this factor in your dealings with the tribal council? The tribal government is extremely cognizant of its relationship to outside governments and insists on dealing with them on a government-to-government basis. All official documents to outside governmental agenciesmust be signed by the tribal president, chairman or governor. It is never proper for tribal staff to sit in meetings on behalf of a tribe with high officials from another jurisdiction. There is strict protocol involved in situations between government officials whether it be city, state of federal entities. It is recommended that all questions regarding protocol be directed at the community manager.

INTERACTION WITH A TRIBAL COUNCIL

All things considered, how does one make a presentation to the council?

• First of all, will you be presenting information or material for their review? If you are, what is the protocol for getting material to the council. Contact the tribal secretary to seek information on when to get the materials to her for distribution to the council. The council may receive a document one week and act on it in the next week or two depending on whether or not additional information is required. Sometimes action on a request is delayed because the information provided to the council is incomplete.
• Remembering that the council receives mountains of documents and information on a weekly basis, ask yourself whether you need to develop a summary of the information packet or a fact sheet. This is most helpful to a council member who would prefer this over reading an entire document or report just to determine what the staff is requesting.
• Is there additional information which would help convey your request? It may help to include a map, previous language if requesting an amendment, a clean copy of a resolution (having used the spell-check function), amended budget if requesting a supplemental allocation or a current budget if requesting a budget adjustment. Was there a legal review of the documents if there are contractual matters?These are some of the reasons that requests are not addressed until more information is submitted.
• There is formality in addressing the council. Usually the protocol is to greet the council in this manner: " Good evening, afternoon, morning President ______ , Vice- president ______ and members of the council. Thank you for this opportunity to come before you today to present......." or words to that effect. Introduce yourself and relax! It can be nerve-wracking for some people to be in front of the council and the audience. A lot of people get nervous and there is no need to be concerned that the council is judging you and your presentation. If your information was complete and included all the points that needed to be covered, they most likely will ask questions or may feel comfortable enough to entertain a motion to approve your request.
• Justify requests for program matching funds. The council cannot remember every agreement and its full purpose. Tribal governments are being asked more and more to provide matching funds for various programs and the request is not unique however, it is advisable that a simple discussion on the merits of the program and the need for it at the tribe be presented. This is a good opportunity to highlight your program and its successes to the council and to the community members in the audience. While it is a great opportunity, it is wise to keep your presentation to a limit and conclude long before the members of the council get that glazed look in their eyes. You want to be remembered for having a great program and not for being that "long-winded" person. If you have to go before council again in the future or on a regular basis, this makes a big difference!
• If there is a need to follow up on a request to a council member, it is best to respond to it right away. The information as previously discussed, may be the only information holding up a decision to approve a request.

All in all, a tribe is grateful that volunteers and workers choose to be in their community and your presence shows your dedication to assist the tribal members in some way. The members of each tribal council are elected from the membership of their owncommunities and are individuals committed to improving the lives of the people of the tribe. Their efforts to do this are made easier by volunteers and dedicated individuals.

© 2004 Learn and Serve America's National Service-Learning Clearinghouse.
Photocopying for nonprofit educational purposes is permitted.