Article 2 Role and Responsibilities

(a) Role.

(1) The Committee shall function as an advisory body consistent with these By-Laws and shall have no control over the operational functions of the Tribe or any of its departments, staff or enterprises. The Tribal Council may from time-to-time delegate to the Committee, specific authority for specific projects by resolution, ordinance or policy.

(1) The Committee shall fulfill the obligations assigned to it under Wis. Stat. § 50.03(4)(g), and any tribal laws and policies as applicable, and these By-laws. These include being a forum for communication for those persons interested in the CBRF and to make recommendations to the Tribal Council regarding the impact of the CBRF on the Tribe's reservation.

(2) Committee shall review and provide input on all policies related to the operations of the Ella Besaw Center, prior to Tribal Council approval; however, under no circumstances may policy provisions required by state or federal law be changed in such a way as to remove requirements necessary for the facility's licensing.

(b) Responsibilities. The Committee shall:

(1) Make recommendations to the Tribal Council on various aspects of the Ella Besaw Center, as well as long term care needs more generally, and its role in the Community.

(2) Follow all applicable tribal laws and policies. Some examples of applicable laws are the Tribe's Constitution, Procedures Ordinance, External Media Policy and the General Responsibilities Related to Boards, Committees and Commissions policy.

(3) Maintain the strictest confidentiality of all confidential matters discussed before the Committee except to the extent required by official business necessary to fulfill the Committee's responsibilities.

(4) Coordinate with tribal staff as directed by the Tribal Council.

(5) Forward all communications that Committee might receive from third parties to the Tribal Council with a copy to the tribal health center director. This includes for example, requests for information, for permissions of any kind, for funding or for research opportunities.

(6) Comply with Tribal Council directions and decisions. Once Tribal Council has identified the Tribe's position on a matter, Committee members shall avoid actions or omissions that undermine such directions and decisions.

(7) Disclose to the Committee if an agenda item brought to the Committee is or may be perceived as a conflict of interest and follow the direction of the Committee regarding participation on the matter.

(8) To the extent a Committee Member may have access to any protected health information, then that Committee Member must comply with the terms of the Heath Insurance Portability and Accountability Act ("HIPAA").

(1) Neither the Committee nor any individual member of the Committee shall communicate directly, whether by phone, email or letter, with a third party, including contractors, media or other entities, without express authorization from the Tribal Council.

(2) Neither the Committee nor an individual member of the Committee shall hold themselves out as a spokesperson or agent of the Tribe unless the Tribal Council has provided an express, written delegation of such authority.

(3) Neither the Committee nor an individual member of the Committee shall engage in a Committee activity when there is a conflict or perceived conflict of interest; they must stand down from the Committee until the item has been completed or the Committee must table the item and get direction from the Tribal Council regarding further activity. An example of a conflict of interest would be any situation where individual Committee Member(s)' personal interests, i.e., family, friendships, financial, or social factors, could compromise Committee Member(s)' judgement, decisions, actions. Or, engaging in activities that lead to personal gain at the expense of the Committee and/or the areas the Committee's authority, roles and responsibilities service.

(4) Neither the Committee nor an individual member of the Committee shall have any authority to determine who may be a resident of the Ella Besaw Center.