HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 1 – ESTABLISHMENT ACTS

SECTION 5 – DEPARTMENT OF HEALTH

ACT OF 2009

ENACTED BY LEGISLATURE: October 20th, 2009

(Effective Date: December 1, 2009)

LAST AMENDED AND RESTATED: April 30, 2024

CITE AS: 1 HCC § 5

1. Authority.

a. Article V, 2(s) of the Constitution grants the Legislature the power to promote public

health, education, charity, and other services as may contribute to the social advancement of the

members of the Ho-Chunk Nation.

b. 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.

c. 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.

d. 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.

e. 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.

f. Article VI, Section 1(b) of the Constitution requires a Department of Health.

g. 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 s Department of Health as required by the

Constitution of the Ho-Chunk Nation.

W8914 Airport Road

(715) 284-9343

Legislative Office

P.O. Box 667

Black River Falls, WI 54615

Fax (715) 284-3172 (800) 294-9343

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3. Mission and Vision.

Mission: The Ho-Chunk Department of Health shall promote a high-quality way of life with

holistic health care to those we serve with an emphasis on the traditional Ho-Chunk way of life;

and to empower each individual and family to make informed decisions regarding their present

and future health. Vision: Building a strong mind, body, and spirit together. Waza yaagirawi (We

Care.)

4. Functions. The Department of Health shall:

a. Provide a high level of social well-being and health care essential to the improvement

of the quality of life within the Nation.

b. Make resources available for Tribal members to make decisions and choices affecting

their present and future health status and economic and social stability.

c. Provide for effective communication and dissemination of Tribal information to the

Tribal population.

d. Promote family unity and well-being through the protection of Ho-Chunk children,

families, communities and the Nation.

e. Create innovative programs that are proactive in nature.

f. Collaborate with tribal, state and federal agencies.

g. In conjunction with the Indian Health Service Tribal Self-Governance Compact and

Funding Agreement under Title V of the Indian Self-Determination and Education Assistance Act

(“ISDEAA”) 25 U.S.C.§ 5381 et seq., the Department of Health’s Network and Health Information

Systems will be established solely under the Department of Health to meet the unique needs and

standards required by the Department.

(1) The Tribal Self-Governance Program (“TSGP”) is a tribally driven congressional

legislative option that authorizes federally recognized tribes and tribal organizations to

negotiate with Indian Health Services, and assume full funding control over programs,

services, functions, and activities (“PSFA’s”) or portions thereof that Indian Health

Services would otherwise provide. The TSGP provides tribes with the flexibility to manage

program funds to best fit the needs of their citizens and tribal communities.

5. Internal Organization.

a. The Department of Health shall consist of an Executive Director and such divisions,

branches, and offices necessary for the execution of its mission, performance of its mandated

functions, and to achieve its annual goals and objectives.

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b. The Department shall employ staff professionals, support personnel, and/or contract with

professional service firms as the Executive Director shall determine consistent with the Nation’s

Finance Ordinance (5 HCC 5), other laws of the Nation, and the Legislative approved budgetary

authority.

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).

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.

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

commensurate with his or her skills, education, experience, and responsibilities and within

the standards of compensation established by the Legislature.

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

appropriated budget for the Department.

(4) The Executive Director shall serve as an ex officio member of the Department’s

Board of Directors.

b. Board of Directors. The President shall establish a Board of Directors for the

Department of Health subject to confirmation by the Legislature pursuant to Section 1,

subparagraph c.

(1) Role. The Board of Directors shall serve in an advisory capacity on matters

referred by the Executive Director.

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

(b) The Board shall be involved in the Department’s strategic healthcare

planning.

(c) 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).

(d) Whether a Director can be an immediate family member of a Legislator,

the President, or the appointed Staff of the President shall be controlled by the Open

Meetings Act (2 HCC 2).

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(e) Director vacancies shall be posted pursuant to the requirements of the

Legislative Organization Act (2 HCC 11).

(2) Qualifications. Board of Directors shall have the requisite skills, knowledge,

and education to provide professional and expert advice and recommendations to the

Executive Director.

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

(a) A Director shall not be an employee of the Department of Health.

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

Boards of Directors.

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

advisory board within the Department of Health.

(4) Terms. Directors shall serve 3 year terms and may serve up to two (2)

consecutive terms. The terms shall be staggered so that one (1) Director are appointed in

one year, followed by two (2) Directors the next year, and two (2) Directors the third year.

(a) In order to achieve this staggering of terms, in 2024, one (1) Director

shall be appointed for a one (1) year term, two Directors shall be appointed for two (2) year

term, and two (2) Directors shall be appointed for a three (3) year term. . After 2024, all

terms shall be three (3) years, unless there is a vacancy, in which case Section 6.b.(4)(b)

shall apply.

(b) Vacancy. If a vacancy occurs on the Board of Directors, the new

Director will fill the remainder of the term if there is more than a year remaining in the

term. If there is less than a year remaining in the term, then the new Director shall serve

the remainder of the term and the next term, which shall be considered as appointment to

one term.

(5) 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.

(6) Board Meetings.

(a) 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.

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

HCC 2).

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(c) 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 be eligible for compensation.

(d) Minutes. The Board shall publish Meeting Minutes for each Board

Meeting. Minutes shall be submitted to the Office of the President and the

Legislature. A copy of the Meeting Minutes must be attached to compensation pay

vouchers.

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

(8) The Directors shall be subject to the Nation’s law regarding nepotism and

conflicts of interest.

(9) Within sixty (60) days of the enactment of this Act, the Board of Directors shall

submit the By-Laws of the Board to the Legislature for approval.

7. Annual Report to the Nation. The Department of Health shall submit through the President

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

It will report on the activities of the Department, achievement of the goals and objectives for the

previous fiscal year, and the impact, if any, of fiscal constraints on its current goals and objectives.

8. Strategic Planning and Reporting.

a. The Executive Director of the Department of Health 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 (October-November);

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 the Legislative

Development Commission, 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.

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

presented to the Legislature upon completion.

______________________________________________________________________________

Legislative History:

03.14.95

11.14.95

02.16.99

04.18.01

06.26.01

03.16.04

10.21.08

02.03.09

06.20.09

08.06.09

08.18.09

10.21.09

02.07.17

06.05.17

01.10.24

04.30.24

01.28.25

02.06.25

Department of Social Services Establishment and Organization Act of 1995 (HCNL 00295) adopted by Legislature.

Department of Health Establishment and Organization Act of 1995 (HCNL 006-95)

adopted by Legislature.

Department of Veterans Affairs Establishment and Organization Act of 1999 adopted by

Legislative Resolution 02/16/99B.

Department of Health and Social Services Establishment and Organization Act of 2001

enacted as 1 HCC § 5 by Legislative Resolution 4/18/01C.

Act amended effective July 1, 2001 by Legislative Resolution 6/26/01B to delete reference

the Department of Veterans Affairs Establishment and Organization Act enacted by

Legislative Resolution 2/16/99B

Amended and Restated by Legislative Resolution 3/16/04D 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 members of

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

Amendment III adopted by Secretarial Election on May 6, 2009 which separates the

Department of Health and the Department of Social Services. Becomes effective, thus

implementing General Council Resolution.

Amendments to implement the separation of Health and Social Services into two different

departments were introduced to the Administration Committee. Committee referred the

Department of Health Establishment and Organization Act of 2009 to the full Legislature.

Legislature approves placing the code out for a forty-five day public comment period.

Legislature passes the code via Resolution 10-21-09A.

Legislature adopts Resolution 02.07.17W placing all Establishment and Organization Acts

out for Forty-Five 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 amendments consisting of some general changes as suggested

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

was originally placed out for Forty-Five (45) Day Public Comment in Resolution

02.07.17W.

Legislature approves placing the code out for a 45 Day Public Comment Period via

Resolution 01.10.24G.

Legislature adopts amendments to stagger terms to the code via Resolution 04.30.24A

Technical Correction to change the word Finance Manual to Finance Ordinance

and Committee to Commission as needed in establishment acts.

Technical Correction to change Section 1.g to Article VI 2d and correct and

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

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