By-Laws

Idaho Council on Indian Affairs

Article I: Authority and Office

Section 1. Authority. These By-Laws are adopted pursuant to authority granted the Council by Section 67-4007, Idaho Code.

Section 2. Powers and Duties. The Council may exercise all powers and assume all duties authorized by Section 67-4007, Idaho Code.

ARTICLE II: Appointment and Composition of Council

Section 1. Appointment. The Council shall consist of ten (10) members appointed in accordance with Section 67-4004, Idaho Code.

Section 2. Term. Council members who are legislators serve at the pleasure of the person responsible for appointing them to the Council, and only so long as the Council member is also a member of the Idaho legislature. Council members who are members of Indian tribes serve at the pleasure of their respective tribal chairman and only so long as the Council member is also a member of their respective tribal council. The governors representative on the Council serves at the pleasure of the governor. Appointing persons or parties shall fill vacancies on the Council as soon as practicable after the vacancy occurs.

Section 3. Alternates. Alternates to the Council may be appointed. Alternates shall possess the same qualifications and be appointed in the same manner as members.

ARTICLE III: Meetings of the Commission and Quorum

Section 1. Meetings. There shall be two (2) regular meetings of the Council per year. Special meetings may be called by a majority of council members. There is no minimum limit or maximum limit on the number of special meetings that may be called or held in a year.

Section 2. Call of Meetings. Regular meetings of the Council shall be at the call of the chairman and shall be held at a location within the State of Idaho designated by the chairman. Special meetings, called by a majority of the members of the Council, shall be held at the place designated in the notice of the meeting. Regular and special meetings may be held in person or by telephone conference or video conference.

Section 3. Business. All regular and special meetings of the Council shall be open for the transaction of any business within the powers of the Council. The Council may conduct business at its meetings in a relatively informal manner as determined by the Chairman after consultation with Council members present. Council meetings, in whole or in part, may be conducted using Roberts Rules of Order when deemed necessary by a majority of Council members.

Section 4. Quorum. Six (6) members of the Council shall constitute a quorum for the purpose of conducting business at any regular or special meeting.

Section 5. Majority Vote. A majority vote of the Council members present and voting at any regular or special meeting shall be required to carry any motion.

Section 6. Open Meeting Law. All meetings of the Council are subject to the Idaho Open Meeting Law, Sections 67-2340 through 67-2347, Idaho Code.

ARTICLE IV: Officers

Section 1. Officers. The officers of the Council shall be a Chairman and a Vice-Chairman, who shall be members of the Council. Other officers may be elected as deemed necessary by Council members. Council officers must be Council members and one officer shall be a tribal member and one officer shall be a non-tribal representative.

Section 2. Duties. The Chairman shall preside at all meetings of the Council, and shall execute all agreements, contracts, deeds, and other instruments on behalf of the Council as authorized or directed by resolution. The officers of the Council shall perform such other duties and functions as may, from time to time, be assigned by the Council. In the absence of the Chairman the Vice- Chairman shall assume the duties of Chairman.

Section 3. Election of Officers. The Chairman and Vice-Chairman shall be elected by the Council at a regularly scheduled meeting of the council and shall serve a term of one (1) year in office. The term of office shall commence September 15 and shall end on September 14 of the following year. There shall be no limit on the number of terms of office a Council member may seek or hold.

ARTICLE V: Records of the Council

Public Records Act Applies. All records kept by the Council shall be subject to the Idaho Public Records Act, Section 9-337 through 9-350, Idaho Code.

ARTICLE VI: Committees

The Chairman and/or the Council, may, from time to time, appoint committees composed of Council members and other persons as they may designate whenever necessary to carry out the business of the Council.

ARTICLE VII: Fiscal Year and Effective Date

Section 1. Fiscal Year. The Fiscal Year of the Council shall commence on the first day of July and shall end on the last day of the following June.

Section 2. Effective Date. These By-Laws shall take effect immediately upon adoption.

ARTICLE VIII: Amendment

These By-Laws may be altered, amended or replaced by affirmative vote of a majority of the entire Council (at least six members). Two weeks notice of the intent to alter, amend or replace these By-Laws is required before such action may be taken.

ARTICLE IX: Adoption Date

The foregoing By-Laws were adopted at a regular meeting of the Idaho Council on Indian Affairs on October 20, 1999.