Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

8.04.050 Tribal Residency Board

(a) Composition. The Ordinance will be administered by a five (5) member Tribal Residency Board consisting of five (5) Board Members and two (2) Alternate Board Members. Alternate Members may substitute for Board Members, at the direction of the Board, in the event of vacancies or absences.

(b) Appointment. Following the election of Board Members in the June 2023 Election, all Board positions shall be filled by appointment by the Tribal Council under its procedures for board and commission appointments. Such appointments shall be made in three (3) staggered terms.

(c) Board Member Qualifications. Board Members (must:

(1) Be a Member of the Saint Regis Mohawk Tribe.

(2) Be at least twenty-five (25) years old (on date of appointment or election).

(3) Be of good moral character and not have been convicted of a serious crime as defined in the Tribe's Election and Referendum Ordinance, as amended.

(4) Be willing to take, and must pass, a background check administered by the Tribe and/or Tribal Police.

(5) Be willing and capable of maintaining communications through technology (email, texts, mobile phone) so as to be accessible to the Board.

(d) Duties. The Board shall, at a minimum, have the following duties and responsibilities:

(1) Adopt Board By-Laws and be responsible for performing its duties in accordance with this chapter, including drafting any regulations or hearing procedures in compliance with Tribal law.

(2) Develop and distribute Residency Permit forms and applications.

(3) Make all decisions required by the Board as set forth in this chapter and in Board Regulations. This shall include, at a minimum, decisions regarding qualifications of applications for Residency Permits, renewal and revocation of Permits.

(4) Maintain accurate and organized records regarding Board activities and all actions the Board takes under this chapter including all of its decisions regarding residency. This may also include creating a Database of all Residency Permits and related data.

(5) Report to the Tribal Council and Tribal Clerk on a regular basis (at least bi-annually) on its activities.

(e) Board Compensation. Board members may also be entitled to compensation to be determined by the Tribal Council in accordance with the standard schedule of fees and compensation provided for Tribal boards, committees and commissions in general.

(f) Board Officers. The Board will nominate a Chairperson by motion and majority vote for a one (1) year term or until a successor is elected. The Chairperson will preside over all meetings and perform all duties of that office as required by Board By-Laws. The Board will also nominate and elect other Officers (Vice-Chair, Treasurer, Secretary) with duties and requirements to be set forth in Board By-Laws.

(g) Removal of Board Members. Board Members appointed by the Tribal Council may be removed by Tribal Council, either by the Council itself or upon recommendation by the Board. Board Members may be removed based upon violation of any provision of this chapter, failure to perform duties as a Board Member, excessive absences from Board meetings, failure to recuse oneself due to a conflict of interest or conduct unbecoming a Board Member.

(h) Vacancies. Board Member vacancies will be filled by the Tribal Council under the same procedure as for appointment. Board members appointed to fill vacancies will serve the remainder of the vacant seat.