Current through Register Vol. 35, No. 18, September 24, 2024
A.
Purpose. The portal committee shall be composed of up to ten active members and
four alternates, who shall be appointed and elected pursuant to this section.
The purpose of the portal committee includes, but is not limited to, monitoring
the daily operations of the program for compliance with these rules, evaluating
applications, and presenting participants' concerns and issues to the
coordinator. In order to ensure diversity and broad representation, the portal
committee shall be comprised of representatives from not less than five tribes
or pueblos.
B. Selection.
(1) At the annual meeting, the director or
coordinator shall oversee the election of new portal committee members and
officers.
(2) Participants shall
elect 14 participants who are present at the annual meeting to be portal
committee members and alternates. Subject to Subsection A of
4.51.57.11
NMAC, the 10 participants who receive the highest number of votes shall be
members of the portal committee. The four participants who receive the highest
number of votes after the members of the portal committee have been selected
shall serve as alternates.
(3) The
membership shall elect three officers (chair, vice-chair, and secretary). The
director or coordinator shall accept nominations from the floor for portal
committee officers. The director shall close the nominations at the director's
discretion. In the case of a tie, the coordinator shall break the
tie.
C. Portal committee
responsibilities.
(1) Portal committee members
shall carry out their duties to the best of their abilities and in a
professional manner.
(2) Portal
committee members shall agree to abide by the code of conduct in
4.51.57.17 NMAC
of these rules and shall carry out their duties and activities in conformity
with these rules.
(3) The portal
committee shall ensure fair and equitable treatment of all applicants and
participants, without regard to tribal affiliation, political affiliation,
family relations, age, gender, sexual orientation, religious affiliation, or
other legally protected status. Members shall not disregard certain rules nor
shall they selectively enforce these rules.
(4) Portal committee members shall serve as
duty officers on a rotating basis in accordance with the monthly duty officer
schedule prepared by the portal committee secretary.
(5) The portal committee may form
subcommittees as necessary to address specific issues and to assist the portal
committee as a whole.
(6) The
chairman shall preside at all portal committee meetings and work with the
coordinator to organize and plan the business of the portal committee and the
program.
(7) The vice-chairman
shall serve as the chair in the chair's absence.
(8) The secretary shall keep the minutes of
the portal committee meetings. The secretary shall submit meeting minutes to
the coordinator by the next portal committee meeting.
(9) The secretary shall produce a monthly
"duty officer schedule" and distribute it to the portal committee before the
first day of each month. The secretary shall assign duty days by distributing
the days as evenly and equitably as possible and by listing one or more portal
committee members for duty each day.
(10) Unless a portal committee member's
absence is approved by the portal committee chair, each portal committee member
shall attend all portal committee meetings and perform various tasks to enable
the portal committee to fulfill its duties and purposes.
(11) In order to allow for new program
participants, the portal committee shall conduct at least 10 demonstrations for
new applicants each year between portal committee elections if at least 10
applicants submit complete applications, in addition to add-ons.
(12) The portal committee shall assist
participants in presenting the traditional and educational aspects of the
program to the public.
(13) The
portal committee shall monitor the daily operations of the program and assist
the division in enforcing these rules and other applicable policies by serving
as duty officers on a rotating basis.
(14) In the event of a resignation or removal
of a portal committee member, the portal committee shall appoint another
participant to serve on the portal committee observing alternate protocol. The
appointed participant shall resume any duties of the outgoing member, including
assigned duty officer days.
D. Resignation. If a portal committee member
is unable to complete the portal committee member's term, the portal committee
member shall submit a letter of resignation to the portal committee and the
division.
E. Removal.
(1) If a portal committee member fails to
fulfill the duties of a portal committee member, the portal committee shall try
to assist the member to improve the member's participation and involvement
before asking the member to resign. Examples of failing to fulfill a portal
committee member's duties include but are not limited to missing two or more
portal committee meetings within a one-year term, missing a scheduled duty
officer day, failing to enforce or to fairly enforce these rules, failing to
conduct inspections while serving as duty officer, and refusing to assist a
duty officer.
(2) If a portal
committee member is asked but refuses to resign, the portal committee may make
a recommendation in writing to the director that the portal committee member be
removed from the portal committee.
(3) Participants may make a recommendation in
writing to the director through a petition, signed by at least fifty percent or
more of the number of participants that attended the prior annual meeting, that
a portal committee member be removed from the portal committee.
(4) A portal committee member who is
aggrieved by removal from the portal committee may file an appeal in accordance
with Subsection C of
4.51.57.15
NMAC.