HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 1 – ESTABLISHMENT ACTS

SECTION 9 – DEPARTMENT OF LABOR

ESTABLISHMENT AND ORGANIZATION ACT OF 2001

ENACTED BY LEGISLATURE: MARCH 7, 2001

LAST AMENDED AND RESTATED: AUGUST 23, 2022

CITE AS: 1 HCC § 9

This Act supersedes the Department of Labor Establishment and Organization Act

of 1995 (HCNL 007-95) as enacted by the Legislature on 11/14/95.

1. Authority.

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”) grants the

Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.

b. Article V, Section 2(b) of the Constitution grants the Legislature the power to establish

Executive Departments, and to delegate legislative powers to the Executive Branch to be

administered by such Departments in accordance with the law; any Department established by the

Legislature shall be administered by the Executive; the Legislature reserves the power to review

any action taken by virtue of such delegated power.

c. Article V, Section 2(c) of the Constitution grants the Legislature the power to constitute

a Board of Directors for each Department, except the President shall name the Executive Director,

subject to confirmation by the Legislature.

d. Article V, Section 2(d) of the Constitution grants the Legislature the power to authorize

expenditures by law and appropriate funds to the various Departments in an annual budget.

e. Article VI, Section 1(b) of the Constitution requires a Department of Labor.

f. Article VI, Section 2(d) of the Constitution grants the President the power to administer

all Departments, boards, and committees created by the Legislature.

2. Purpose. The Legislature establishes and organizes a Department of Labor as required by the

Constitution of the Ho-Chunk Nation.

3. Mission. The Ho-Chunk Department of Labor will provide job skills training opportunities for

Ho-Chunk members and employees to promote a sustainable workforce.

4. Functions. The Department of Labor shall:

a. Coordinate job skills training and development.

b. Perpetuate a sustainable workforce for ages 14 and older.

c. Promote a culture of safety within the Ho-Chunk Nation.

d. Develop and maintain viable data collection, retention, analysis and application.

5. Internal Organization.

a. The Department shall consist of an Executive Director and the following divisions:

(1)

477 Federal Program;

(2)

Elder Workforce Division;

(3)

Emergency Management;

(4)

Occupational Safety and Health;

(5)

Residential Construction Inspector/Inspections;

(6)

Tribal Workforce Development;

(7)

Youth Employment; and

(8)

Any other divisions and offices necessary for the execution of its mission,

performance of its mandated functions, and to achieve its annual goals and

objectives.

b. The Department shall employ personnel pursuant to the Employment Relations Act (6

HCC 5).

c. The Department shall maintain a current Organizational Chart. The Organizational

Chart shall accompany its annual budget submission and any budget modifications during the

fiscal year in accordance with the Nation’s Appropriations and Budget Process Act (2 HCC 4).

d. The Department may contract with professional service firms in compliance with the

Nation’s Finance Ordinance (5 HCC 5).

6. Executive Director and Board of Directors.

a. Executive Director.

(1) The Executive Director shall be appointed by the President and confirmed by

the Legislature. See also the Confirmation Process of Executive Directors for the HoChunk Nation (2 HCC 9).

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(2) The Executive Director shall be a full-time appointed employee and paid

compensation commensurate with his or her skills, education, and experience, as

referenced in the current job description.

(3) The Executive Director shall be responsible for operating within the annually

appropriated budget for the Department.

(4) The Executive Director shall be an ex officio member of the Department of

Labor Board of Directors.

7. Board of Directors. The President shall establish a Board of Directors for the Department of

Labor subject to confirmation by the Legislature pursuant to paragraph 1c.

a. Role. The Board of Directors shall serve in an advisory capacity on matters referred by

the Executive Director.

(1) The Board shall not be a policy making body.

(2) The Board shall be involved in the Department’s strategic planning.

(3) The Board shall be consulted during the development of the Department’s

annual goals and objectives required pursuant to the Appropriations and Budget Process Act (2

HCC 4).

b. Qualifications. Directors shall have the requisite skills, knowledge, and education to

provide professional and expert advice and recommendations to the Executive Director.

c. Membership. The Board of Directors shall be comprised of five (5) members.

(1) A Director shall not be an employee of the Department of Labor.

(2) A Director shall not be a member of more than two (2) department Boards of

Directors.

(3) A Director shall not be appointed nor serve as a member of a subordinate

advisory board within the Department of Labor.

(4) A Director shall not be an immediate relative of the Legislature, the President,

or appointed staff of the President as defined in the Nation’s Employment Relations Act

(6 HCC 5).

(5) A Director shall comply with the Open Meetings Act (2 HCC 2). Section 9

Membership, paragraph 9 (a) which states, “Members and Alternate Members of the

Nation’s public bodies shall be subject to the Nation’s Code of Ethics Act (2 HCC 1) and

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the Employment Relations Act of 2004 (6 HCC 5) regarding nepotism and conflicts of

interest.”

(6) Director vacancies shall be posted in the Nation’s media resources as stated in

the Legislative Organization Act (2 HCC 11).

d. Terms. The Directors shall serve two (2) year terms and may serve for more than one

(1) term. The terms shall be alternated so that two (2) Directors are appointed or re-appointed after

the first year and every two (2) years thereafter and three (3) Directors are appointed/re-appointed

in the alternate years.

e. Compensation. Directors shall be compensated for attendance at Board Meetings at a

rate established by the Legislature. A Director must be present for a majority of the Meeting to

receive compensation. (Finance Ordinance 5 HCC 5).

f. Board Meetings.

(1) The Board of Directors shall meet at least twice a year and for special meetings as

required and subject to the Board’s By-Laws.

(2) Board Meetings shall be subject to the Nation’s Open Meetings Act (2 HCC 2).

(3) Quorum. Quorum for the Board of Directors shall be three (3) of the five (5)

Directors. Quorum must be attained and maintained to conduct business and for

Directors to the eligible for compensation (Finance Ordinance 5 HCC 5).

g. Every twelve (12) months the Board shall elect a Chairperson.

h. The Directors shall be subject to the Nation’s law regarding nepotism and conflicts of

interest as stated in Employment Relations Act (6 HCC 5).

i. Removal. A Director may be removed for cause by the Legislature upon a request

form the Board of Directors or the Executive Director of Labor. Cause includes, but is not

limited to, three (3) consecutive absences from duly called meetings, a violation of the Code of

Ethics Act (2 HCC 1), or any activity or action which brings discredit to the integrity of the

Board or the Ho-Chunk Nation.

j. The Board of Directors shall submit the By-Laws of the Board to the Legislature for

approval within sixty (60) days of the enactment of this Act.

8. Annual Report to the Nation. The Department of Labor shall submit through the President

to the Legislature a final annual report within thirty (30) days of the end of each fiscal year. The

report will include:

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a. Activities of the Department;

b. Achievements of the goals and objectives for the previous fiscal year, and

c. Any impact, if any, of fiscal constraints on its current goals and objectives.

9. Strategic Planning and Reporting.

a. The Executive Director of the Department of Labor shall be responsible for creating a

Departmental Strategic Plan. This strategic plan shall at a minimum consist of the Departmental

Mission Statement, goals of the Department in support of that mission, the actions necessary to

achieve those goals, and a timeline to regularly review and update the strategic plan as necessary.

The plan will be presented to Legislature upon completion.

b. On a semi-annual basis, with (1) October for the first semi-annual review (OctoberNovember); and (2) March for the second semi-annual review (March-April), the Executive

Director shall provide an update on progress made towards annual goals and objectives as

defined in the Departmental Strategic Plan, as well as the goals and objectives stated in the annual

budget request made in accordance with the Appropriations and Budget Process Act (2 HCC 4).

c. The Executive Director will conduct an annual review of the Departmental Strategic Plan,

and make updates or revisions based on the department’s achievement, or lack of progress,

regarding the completion and fulfillment of the department’s strategic goals and objectives for the

previous fiscal year. The updated Departmental Strategic Plan shall be presented to Legislature,

or any relevant commission as required by the Legislative Organization Act (2 HCC 11) and shall

be submitted to that commission by January 1st of each year.

d. Periodic Reviews of Departmental Strategic Plans, as requested by the Legislature, shall

be presented to the Legislature upon completion.

Legislative History:

03.15.95

11.14.95

05.27.97

03.07.01

03.16.04

10.21.08

02.03.09

Presented to the Legislature by the President and referred to the Education, Employment

Relations, Labor, Public Safety, and Human Resources Committee.

Adopted by Legislature.

Legislature adopts amendment to Sections 4 and 5.

Enacted as 1 HCC § 9 by Legislative Resolution 03/07/01G.

Amended and Restated by Legislative Resolution 03/16/04H reducing quorum for the

Board of Directors from four (4) to three (3) and requiring Director vacancies to be posted

in the Hocak Worak prior to filling.

Legislature places out proposed Amendments for forty-five day public comment solely

surrounding issues of immediate family of Legislators, President, and Appointed

Presidential staff serving on the Board of Directors.

Resolution 02/03/09F Amends and Restates Act to allow immediate family of Legislators,

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07.08.14

09.09.14

02.07.17

06.05.17

06.07.22

08.23.22

02.06.25

President, and Appointed Presidential staff to serve on the Board of Directors.

Legislature places out for forty-five day public comment by Legislative Resolution

07/08/14Z.

Legislature adopts proposed amendments by Legislative Resolution 09/09/14J.

Legislature adopts Resolution 02.07.17W placing all Establishment and Organization Acts

out for forty-five (45) Day Public Comment.

Legislature passed Resolution 06.05.17M which adopted proposed amendments to all

Nation Establishment and Organization Acts, including 1 HCC § 19 and 1 HCC § 20, while

excluding 1 HCC § 3, with these amendments consisting of some general amendments as

suggested by public commentary, as well as the “Strategic Planning and Reporting”

language, which was originally placed out for forty-five (45) day Comment in Resolution

02.07.17W.

Legislature adopts Resolution 06.07.22E placing the Department of Labor Establishment

and Organization Act out for forty-five (45) Day Public Comment.

Legislature adopts proposed amendments by Legislative Resolution 08.23.22F

Technical Correction to change Section 1f to Article VI 2d and correct and standardize the

format of laws to be italic and state cite number of the law.

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