Mandating and Decision-Making: AFN Resolutions 1

DIALOGUE AND ISSUE PAPER #4: Mandating and Decision-Making: AFN Resolutions There have been numerous calls and reflections on mandating for the Assembly of First Nations (AFN) and National Chief. Currently, resolutions passed by Chiefs-in-Assembly are theprinciple mechanism to define and direct National positions and actions taken by the AFN. Rules and procedures for AFN Assemblies outline that the Assembly may give policy direction or mandate any of its principal organs to take action on an issue by adopting a Resolution. Additionally, Resolutions Procedures (see attached) outline requirements for resolutions and how they will be dealt with before, during and after Assemblies. The AFN Renewal Commission heard questions as to the legitimacy of resolutions representing national consensus decisions, as many were received shortly before being debated without opportunity for advance review and were often regional in nature. Resolutions Procedures have been reviewed and revised on an ongoing basis to address concerns and be responsive to the needs of leadership. This has included setting an advance deadline (originally 30 days, subsequently changed to the Friday two full weeks in advance of the Assembly) and establishing a process for review with the AFN Executive, Secretariat expertise and posting on-line in advance of meetings. In practice, the number of late resolutions that have not been previously shared with Chiefs has remained considerable, which creates a disadvantage both for those in attendance at Assemblies - who may not have previously identified a mandate or position with their community as the matter had not been raised in advance – as well as those unable to attend who had no prior notice of a decision being made on the matter. Additionally, the often repetitive nature of resolutions has been raised. While review is undertaken to ensure that resolutions do not unintentionally contradict each other or take positions in disputes between First Nations, there is little ability to restrict resolutions that are redundant. Often, resolutions set out broad principles that are to be implemented over a long period of time or would require significant resources to move forward. Practical decisions regarding needed internal or external expertise and other resources to fulfill mandates can lead to resolutions being not fully implemented.

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Considerations

Options for Chiefs-in-Assembly to express collective direction in addition to Resolutions have been explored in the past. This includes Motions of Support. The following is an excerpt from the 2008 Explanation of Resolutions Procedures:

Motions of Support: To further improve administrative efficiencies and to enhance the effectiveness of Assemblies, support resolutions will now be considered as “Motions of Support” rather than full-fledged resolutions. Most Motions of Support call for a specific advocacy approach such as writing a letter or requesting a meeting. If a Chief/Proxy requests support on a particular issue, event, or situation, it must be clearly noted what the desired outcome is in order to ensure that the request is being addressed in the most effective and timely manner possible. There may be other tools and means that could be explored that might achieve the desired outcome rather than the “Motion of Support” option. For example, if the Chief/Proxy is looking for an action such as correspondence from the National Chief to a specific federal Minister, then this could be done without a Motion of Support. The Resolutions Committee could simply put in a request for this action to the National Chief’s Office. However, if the Chief/Proxy requires the Motion of Support itself, these will be dealt with by the Co-chairs on the final day of the Assembly. All motions need to include who the support is for, what the support is for, and if necessary, the desired action. The choice of means for the action can be left with another group within the organization (i.e., AFN Executive Committee, Chiefs Committee, etc…). Motions will be read and recorded in the minutes as carried by consensus unless otherwise indicated from the floor. Motions must be submitted using the same guidelines outlined for resolutions but are simply, clearly and concisely stated in one clause:

“It is moved that the Chiefs-in-Assembly support (insert name or First Nation, region, PTO, organization, individual, etc…) with (insert issue) by (insert action). Moved by: Name, First Nation, Province Seconded by: Name, First Nation, Province

The AFN has also explored using consensus statements or declarations to record the intent of Chefs-in-Assembly however many feel these do not have the same impact as resolutions.

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The National Congress of American Indians (NCAI) has a well-developed process for resolutions that includes some key elements that Chiefs may want to consider adopting. Their resolutions process is as follows:

A resolution is one of the policy mechanisms utilized by NCAI to express the consensus positions of member tribes on federal, state, local, and/or tribal legislation, litigation, or policy matters that affect the welfare and rights of American Indian and Alaska Native governments or communities. NCAI resolutions may address regional or local tribal issues when the issue would set a precedent impacting other tribes. In June of 2002, NCAI adopted a Policy Statement which addresses the organization’s general stance on issues such as tribal sovereignty, treaty rights, federal trust responsibility, health, housing, education, environmental quality, and physical, spiritual, traditional, and cultural customs and practices of American Indians and Native Alaskans. These matters need not be addressed by separate resolution because they are covered by the 2002 Policy Statement (see attached)and remain an intrinsic focus of the organization’s work. According to the NCAI Standing Rules of Order, Section XII, “Resolutions must be of a general nature to advocate the best interests of all American Indians and Alaska Natives. Resolutions that take one side between two conflicting Tribes are not in order.”

Only members in good standing can submit a resolution (NCAI is a membership-based organization) and all resolutions are reviewed by set committees and sub-committees before they are considered on the floor for endorsement. Proponents must attend committee meetings and make necessary revisions in advance of decision-making (see attached flowchart and guidance document). Options for Discussion

The following options can be further explored to support decision-making within the AFN: 1. Create a process so that resolutions are first reviewed and endorsed within Regional

Assemblies so that they are truly national in nature and derived from consensus. If this is logistically impossible, ensure that all resolutions are reviewed at all Regional or Nation-based caucus sessions in advance of them being brought to Chiefs-in-Assembly for decision.

2. Establish a set time limit or expiry date in the resolution after which the mandate would need to be reviewed and refreshed.

Mandating and Decision-Making: AFN Resolutions 4

3. Ensure that each Resolution includes options for implementation and / or resources needed to fulfill the mandate.

4. Adopt an overarching statement, similar to the NCAI Policy Statement, that outlines direction and mandate in a number of key areas. These do not change over time and do not need to be reaffirmed in resolution – rather resolutions are used to define actions or activities in these areas.

Attachments / Additional Information: 1. AFN Resolutions Procedures, revised October 2013 2. AFN Resolutions Process Flowchart 3. National Congress of American Indians Resolutions Guidance Document and Process Flowchart

ASSEMBLY OF FIRST NATIONS RESOLUTIONS PROCEDURES

WHAT ARE RESOLUTIONS? Resolutions are the essential mechanism by which First Nations provide specific mandates and direction to the Assembly of First Nations (AFN). The resolutions process serves to effectively foster and capture national consensus on significant policy matters and are considered at the Annual General Assembly or at the Special Chiefs Assembly. In 2007, the AFN Executive approved new Rules of Procedure for AFN Assemblies to enhance efficiencies and decision-making at AFN Assemblies. Resolutions are also addressed within the Rules of Procedure which are available on the AFN website at www.afn.ca. WHAT IS THE ROLE OF THE RESOLUTIONS COMMITTEE? The Resolutions Committee manages all administrative aspects of the resolutions process from the time draft resolutions are first submitted in draft format until they are finalized and posted on the AFN website. The Resolutions Committee consists of technical and legal advisors that review all resolutions before they are presented to the Chiefs-in-Assembly. The Resolutions Committee works closely with the Co-Chairs appointed to preside over the Assembly and also with the AFN Executive Committee. WHO CAN SUBMIT RESOLUTIONS? Resolutions will only be accepted by the Resolutions Committee if the name and First Nation of the mover and seconder are noted on the resolution. The mover and seconder must be either a Chief or a duly mandated Proxy and must be available to speak to the Resolution at the Assembly. If the mover and seconder are not noted on a resolution submitted for consideration, then the resolution will not be recorded and entered into the process as an official draft resolution.

Updated October 2013

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WHERE DO YOU SEND RESOLUTIONS? The format to submit a resolution is preferably by email using the draft resolution template posted on the AFN website at www.afn.ca. If it is not possible to send the draft resolution in electronic format, a copy may be faxed or mailed to the Resolutions Committee at the AFN office.

ASSEMBLY OF FIRST NATIONS Resolutions Committee 55 Metcalfe Street, Suite 1600 Ottawa, ON K1P 6L5 Tel: (613) 241-6789 Fax: (613) 241-5808 E-mail: resolutions@afn.ca

WHEN MUST RESOLUTIONS BE SUBMITTED? On September 19, 2011, the AFN Executive Committee changed the resolution submission deadline to fall on the Friday two full weeks prior to the first day of a scheduled Assembly. A Call for Resolutions will be distributed at least one month before the due date and reminder notices will be sent approximately 2 and 1 week before the final due date. The Resolutions Committee will contact the originator to confirm receipt of the submission. If confirmation is not received, please contact the Resolutions Committee at the above address. Resolutions that are received after the deadline will generally not be considered and have to be re-submitted for consideration at a subsequent Assembly. In rare circumstances, a late resolution that is of an urgent or emerging nature will be considered provided that it meets the following criteria:

• it is in relation to an emergent issue of concern to the Chiefs-in-Assembly that arose after the resolutions deadline and requires intervention prior to the next scheduled Assembly; and

• it is in relation to a situation that has national implications; and • the resolution complies with the guidelines for resolutions set out elsewhere

in this policy; and • the advancement of the resolution is supported by at least half of the

members of the AFN Executive. All late resolutions are subject to approval by the co-Chairs at an Assembly, in consultation with the AFN Executive and the Resolutions Committee. The AFN Executive will meet at the end of each day during an Assembly to discuss any late draft resolutions that were submitted on site and communicate their decision on whether the draft resolution should proceed and be considered by the Chiefs-in-Assembly to the Resolutions Committee. They will determine

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whether the proposed resolution meets the above criteria. The co-Chairs will work to resolve issues relating to a late resolution in dialogue with members of the AFN Executive Committee. All accepted late resolutions will be clearly marked as such and will be deliberated upon at a set time on the Assembly Agenda, generally occurring on the third day of the Assembly. Given the time required to process draft resolutions, including AFN Executive review, late draft resolutions will not be processed for consideration by the Chiefs-in-Assembly after Day 2 of an Assembly. Draft resolutions submitted on site on the last day of an Assembly will be referred to the AFN Executive for their consideration. WHAT MUST A RESOLUTION INCLUDE? It is the responsibility of the Resolutions Committee to ensure that all resolutions for consideration meet the criteria outlined below.

• Includes name and First Nation of mover • Includes name and First Nation of seconder • Has a short but descriptive title • Is national in scope (cannot be purely regional) • Is identified as either mandate/directional, organizational or support • Has a timeline or lifespan • Is relevant and strategic • Uses consistent wording (demand, request, direct, etc…) • Considers the cost of implementation and available sources of funding • Is clear in its purpose and intent • Is consistent with the powers set out in the AFN Charter • Is not in conflict with previously passed resolutions (or clearly state within

the new draft that there is a conflict) • Is not in conflict with other draft resolutions that have been submitted • Is no longer than 2 pages

HOW DO THE FINAL RESOLUTIONS GET ACTIONED? The Resolutions Committee assigns each resolution to the appropriate AFN unit based on its subject matter. An update report for resolutions passed at the Assembly is prepared for distribution at the next Assembly. This report includes each of the resolutions with the number, title, mover, seconder and all clauses in the “Therefore be it resolved” section. The actions taken to implement the resolution are outlined for each resolution. This report is included with the distribution information at the next Assembly.

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Resolutions, once adopted, will remain the mandate of the AFN unless modified by subsequent resolution or until the resolution expires due to completion of all actions in the operative clause. If there is no action on resolutions within five years, they are then deemed inactive.

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TYPES OF RESOLUTIONS Mandating / Directional: These provide specific direction and/or mandate a specific action on a particular matter. AFN requires a mandate to engage with government on particular topics. In addition, the resolution process allows Chiefs-in-Assembly to set out their collective position on a particular issue, legislation, or any matter affecting First Nations. These resolutions require full consideration by the Chiefs-in-Assembly during designated times identified by subject matter on the Assembly agenda. Organizational: These relate to internal matters regarding the operation and function of the AFN (such as the audit or appointment of officials). These resolutions require full consideration by the Chiefs-in-Assembly and may be addressed during the Business portion of the meeting ordinarily at the beginning of Day One. Support: These call for a specific advocacy approach such as writing a letter or requesting a meeting. It is important that support resolutions clearly describe the desired outcome from Chiefs-in-Assembly, in order to ensure that the request is being addressed in the most effective and timely manner possible. There may be other tools and means that could be explored that might achieve the desired outcome rather than through a Support resolution. For example, if the Chief/Proxy is looking for an action such as correspondence from the National Chief to a specific federal Minister, then this could be done without a resolution. The Resolutions Committee could simply put in a request for this action to the National Chief’s Office. Support resolutions will be dealt with at such times that the specific topic area to which they relate is being discussed OR brought to Chiefs-in-Assembly on the final day of the Assembly and may be read and adopted as a block. GUIDELINES HOW DO YOU WRITE A RESOLUTION? General Format and Writing Guidelines Writers are encouraged to observe the following guidelines when drafting resolutions for submission to the Resolutions Committee:

• All AFN resolutions have the same format which includes the information block (general info including mover and seconder), the preamble (background information that follows the term “whereas”), and the

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operative clause (course of action set forth by “therefore be it resolved that”).

• Writers are asked to use the template that can be found at www.afn.ca. • A vocabulary that is national in scope should be used at all times when

drafting resolutions in order to maintain national significance of all AFN resolutions.

• Keep wording as simple, straightforward, and specific as possible. • Be clear and concise when stating rationale and desired outcomes.

Information Block o Title – this should appropriately reflect the intended course of action of

the resolution o Subject – main topic area of the resolution (health, education, treaties,

etc…) o Mover – include properly spelled Chief or Proxy name (first and last

names), community name, province o Seconder - include properly spelled Chief or Proxy name (first and last

names), community name, province

Preamble (begins with “WHEREAS”) o This section provides the background information for the resolution. o It identifies the exact problem to be addressed. o Each “whereas” is a reason for the resolution and each reason requires

a separate clause. o If the rationale cannot be explained in five clauses or less due to the

complexity of the issue, then background or supporting documentation may be attached.

o This section should prepare the reader for the action presented in the next section.

Operative Clause (begins with “THEREFORE BE IT RESOLVED that the Chiefs-in-Assembly”) o This is the very reason why the resolution is being drafted in the first

place. o The course of action that is being put forward should be identified

here. o Each action requires a separate clause. o Be as clear as possible when stating what the resolution is meant to

achieve. o Try to begin each clause with an action verb (e.g., direct, request, call

upon, etc…) o There should be no doubt as to what action is being requested, who

should do it, how it should be done and when it should be done.

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o Clauses addressing federal issues should direct the AFN to request the federal government to work to achieve the desired objective (e.g., “that the Chiefs-in-Assembly direct the AFN to urge/call upon the federal government to…”).

o The Chiefs-in-Assembly can not direct another organization or government to do something, however, a course of action can be recommended to another organization.

o A recommendation for action must consider the cost of doing so and may be contingent upon funding – any available sources of funding should be identified in the resolution.

PROCESS WHAT STEPS DOES A RESOLUTION GO THROUGH? There are several steps in the resolutions process from the time of submission of the draft resolution to the time the final versions are signed by the National Chief and distributed to First Nations. PRE-ASSEMBLY:

1. Draft resolutions are received and recorded by the Resolutions Committee (all versions of submissions from original to final draft are kept on file*).

2. Review for compliance with the resolution policy. (If necessary, return any submitted resolutions to the originator to have deficiencies corrected.)

3. Review for grammar and format. 4. Resolutions are compiled in a package and reviewed in draft form by

the AFN executive, at a meeting convened for this purpose. 5. Send to appropriate team leader for content and technical review. 6. Draft resolutions are posted on the AFN website. 7. Based upon Executive and Team Leader review and feedback, advise

the mover/seconder of substantive or procedural irregularities that could impede the Assembly’s ability to arrive at a consensus on the resolution and/or make recommendations on revisions that may assist the adoption of the resolution.

8. Resolutions Committee meets to review all draft resolutions including legal review and to discuss any potentially contentious issues.

9. Steps may need to be taken to facilitate agreement or consolidate drafts where resolutions dealing with the same subject matter are submitted.

10. Modify draft resolutions as required. 11. Send suggested changes back to the originators.

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12. Prepare final draft versions for presentation at Assembly. 13. Prioritize the order of resolutions based on the draft agenda for the

Assembly. 14. Assign draft number beginning with #1/year. 15. Send for translation to French. 16. Send all drafts (English and French) for inclusion in the Assembly kit

materials for distribution at time of registration. They are also posted on the AFN website.

* If background materials accompany the draft resolution, the material will be forwarded to the appropriate team leader and kept on file. However, the background will not be translated nor will it be included in the distribution package at the Assembly. DURING THE ASSEMBLY: Final Draft Resolutions

1. Projected time that resolutions will be discussed will appear on the Assembly agenda provided to delegates.

2. The Co-Chairs will introduce each draft resolution by indicating the number, the title of the resolution, the mover and the seconder.

3. The Co-Chairs will ask the mover and seconder to identify themselves. If they are not present, the Co-Chairs will ask another Chief/Proxy to move/second the draft resolution. If there is no mover and seconder, the resolution may be deferred to a later time or it dies.

4. At this point, the mover may declare intent to withdraw the proposed resolution. In this event, the Co-Chairs will declare the resolution withdrawn and no further debate or comments will be allowed.

5. If not withdrawn, the Co-Chairs will read the resolution in its entirety. 6. The Co-Chairs will call for the mover to speak to the resolution and

open the debate. The mover and seconder are allowed a limited and pre-determined amount of time to speak to the resolution.

7. The resolution is then debated by the Chiefs-in-Assembly. Each delegate is allowed a limited and pre-determined amount of time to speak to the resolution.

8. A designated member of the Resolutions Committee, as well as the official note taker, will record any amendments from the floor.

9. Amendments from the floor are allowed if they comply with the intent of the original resolution. Amendments will be accepted when duly moved and seconded. The amendments must be submitted in writing to the Resolutions Committee and the note taker.

10. When the Co-Chairs call an end to the debate, they will then call for any opposition or abstentions to the resolution.

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11. If there is no opposition or abstentions, the Co-Chairs will declare the draft resolution carried by consensus.

12. If there is opposition, the Co-Chairs may allow additional time to build consensus.

13. If all efforts at achieving consensus have been exhausted without success, the Co-Chairs shall put the matter to a vote.

14. As long as there is a quorum (see Rules of Procedure for AFN Assemblies), there can be a vote on the resolution.

15. Voting may be by a show of hands, by standing vote, or by another means as determined by the Co-Chairs.

16. At least 60% of the Chiefs/Proxies in attendance must vote in favour of the resolution for it to be carried.

17. Abstentions will not be counted in calculating the necessary percentage required to carry the resolution.

18. The results of the vote will be recorded including the decision (number of votes for, against, and abstentions) and the date/time.

Other Notes 1. If the allotted time for resolution debate and vote expires, the session

will be closed unless a majority of delegates present vote to extend the allotted time. If the resolutions do not get debated due to time constraints or lack of quorum, the Co-Chairs may refer the draft resolutions to the next AFN Executive Committee meeting, with recommendations, for their consideration.

2. Resolutions proposed from the floor will not be entertained unless the Co-Chairs deem the action appropriate after consultation with the Resolutions Committee, the AFN Executive Committee or others as the Co-Chairs deem appropriate and necessary. The Co-Chairs would then suspend the Rules of Procedure for the stated purpose and asks the delegate to proceed. If there is any objection, a majority of delegates present may decide if the rules are suspended.

3. All final draft resolutions are kept at the distribution table. POST-ASSEMBLY:

1. All versions of the draft resolutions are returned to the AFN office electronically and in hard copy for filing.

2. All draft resolutions carried by the Chiefs-in-Assembly are still considered “draft” until they are amended and signed off by the National Chief. It may take several weeks before the final versions are ready for distribution.

3. The Resolutions Committee will maintain a list and contact information for all inquiries for copies of final resolutions and these will be circulated as they become available.

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4. Draft versions are amended, using tracked changes, by the Resolutions Committee as passed by the Chiefs-in-Assembly. Changes are made based on the handwritten notes taken by the Resolutions Committee, the note taker’s notes as well as the submissions provided by the mover/seconder.

5. Resolutions passed by the Chiefs-in-Assembly shall not be further amended or modified except where spelling, grammar and clarification requirements suggest that additional changes are absolutely necessary.

6. All information in the information block (mover/seconder name, community, etc…) is verified against the registration list.

7. All amended resolutions will be reviewed one last time by the Resolutions Committee.

8. The list of resolutions including the original draft number and the new final number (determined chronologically from the last resolution passed in that calendar year) is prepared.

9. Final versions, with tracked changes, are sent for translation to French. 10. English and French final versions are printed on AFN letterhead and

provided to the National Chief for his signature. 11. Once signed, they become final and are distributed and posted on

the AFN website. 12. All original finals are given to Central Records for safekeeping. All

original drafts are filed by the Resolutions Committee. Other Notes 1. If the draft resolutions have been referred to the AFN Executive, copies

will be prepared and a package made available prior to the next AFN Executive meeting.

2. All resolutions passed by the AFN Executive follow the same process as those passed by the Chiefs-in-Assembly.

AFN Resolutions Process

Draft Resolutions Adopted

A draft resolution is adopted when more than 60% of registered Chiefs and proxies support it.

Draft Resolutions Considered by Chiefs-in-Assembly

Draft resolutions are reviewed by Chiefs and proxies and discussed in their regional caucus sessions. Any amendments are moved from the floor , with the consent of the mover and seconder, after the Co-Chairs introduce and read the Therefore Be It Resolved Clauses of the Draft Resolution.

Draft Resolutions Package included in Assembly kits All delegates receive electronic copies of draft resolutions at the time of registration. In addition, Chiefs and proxies also receive

hard copies of the draft resolutions package.

Draft Resolutions Posted to AFN website

Draft resolutions are posted on the AFN website for review.

Draft Resolutions Translated

All draft resolutions are translated to ensure that they are available in English and French.

Draft Resolutions Numbered The final numbering of draft resolutions is based on the draft agenda for the Assembly. Draft numbers are assigned in the order in

which topics are discussed and prioritized beginning with #1/ year.

Technical and Legal Review Draft resolutions are sent to the appropriate subject matter experts at the AFN and reviewed for content (factual accuracy, clarity,

consistency, etc.). Reviewers assist the Resolutions Committee in making recommendations for revisions, where appropriate.

Executive Committee Review Resolutions are reviewed in draft form by the AFN Executive Committee who informs the Resolutions Committee of any concerns

and issues that may impede the Assembly’s ability to arrive at a consensus on a resolution.

Resolutions Committee Review

The Resolutions Committee reviews draft resolutions for compliance with the resolutions policy, grammar, and format.

Resolutions Due: On the Friday two full weeks prior to the first day of a scheduled Assembly Acceptance of a resolution by the AFN Resolutions Committee will only occur if the respective names and First Nations of the mover

and seconder are noted on the resolution. Draft resolutions are received and recorded by the Resolutions Committee.

NATIONAL CONGRESS OF AMERICAN INDIANS

Resolution Process Guidance

April 16, 2014 version

The purpose of this document is to provide guidance to the resolutions process included in the

NCAI Standing Rules of Order and the Resolution Policy and Process revised November 11,

2003. This document is to clarify the process for how NCAI considers resolutions, not to change

it.

A resolution is one of the policy mechanisms utilized by NCAI to express the consensus

positions of member tribes on federal, state, local, and/or tribal legislation, litigation, or policy

matters that affect the welfare and rights of American Indian and Alaska Native governments or

communities. NCAI resolutions may address regional or local tribal issues when the issue would

set a precedent impacting other tribes. In June of 2002, NCAI adopted a Policy Statement which

addresses the organization’s general stance on issues such as tribal sovereignty, treaty rights,

federal trust responsibility, health, housing, education, environmental quality, and physical,

spiritual, traditional, and cultural customs and practices of American Indians and Native

Alaskans. These matters need not be addressed by separate resolution because they are covered

by the 2002 Policy Statement (attached as an appendix) and remain an intrinsic focus of the

organization’s work. According to the NCAI Standing Rules of Order, Section XII, “Resolutions

must be of a general nature to advocate the best interests of all American Indians and Alaska

Natives. Resolutions that take one side between two conflicting Tribes are not in order.”

Authorization to Submit Proposed Resolutions

Only NCAI Individual Indian members in good standing are authorized to submit a resolution.

Good standing means that the sponsor’s membership dues are paid and current. The Resolutions

Committee will verify membership and standing for sponsors of all resolutions submitted.

Sponsors should be prepared to represent their resolution through the process described below, as

the resolution may be considered, amended, and/ or tabled at various points in the process.

Resolution Submission Deadline

Deadlines: All resolutions are required to be submitted in electronic format, Word, to the NCAI

office three weeks prior to the Annual, Mid-Year Convention or Executive Council Winter

Session.

Mid-Year Convention: According to NCAI Standing Rules of Order, Section XIII, resolutions

will not be considered at the Mid-Year Convention unless they are determined by the Executive

Committee to be emergency in nature (issues that cannot wait until the Annual Session to be

addressed) and national in scope. Resolutions must be submitted to the NCAI office no later

than three weeks before the Mid-Year Session and made available to the next Executive

Committee meeting for review to determine if the proposed resolution meets these criteria. To

ensure the integrity of the process and adherence to the NCAI resolutions policy, the NCAI

Executive Committee will be joined by the Resolutions Committee.

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Executive Council Winter Session (ECWS): Resolutions will not be considered at the ECWS.

NCAI Committees and Subcommittees do not meet during the ECWS, and therefore resolutions

cannot benefit from the deliberative process that the committee structure provides during the

Mid-Year and Annual Conventions. Positions presented in resolutions must be reviewed by the

tribal leadership and tribal stakeholders that the position would affect, and the ECWS does not

provide a forum for adequate review and approval. However, at the Executive Council Winter

Session, the NCAI Executive Committee can take action on resolutions or refer them for

consideration by the full Executive Council.

Resolution Submission Format

Resolutions must be submitted in the resolution format posted on www.ncai.org in Word in an e-

mail attachment. Resolutions must be accompanied by a completed Resolution Submission

Form. Resolution templates and Submission Forms are available from the NCAI website,

www.ncai.org. Resolutions will not be accepted as PDFs or scanned images.

Resolution Guidance

1) Purpose and Scope of Resolutions: Resolutions are an important reflection of NCAI as

tribal leaders and staff advocate for Indian Country with Congress and the Administration

and other decision-makers. Resolutions represent the voice of Indian Country and

convey our collective message, even when we are not physically present to do so.

Resolutions should stand on their own. Adopted resolutions set the policy direction for

NCAI and should be powerful documents that reflect the consensus of NCAI member

tribes.

According to the NCAI Standing Rules of Order, Section XII, “Resolutions must be of a

general nature to advocate the best interests of all American Indians and Alaska Natives.

Resolutions that take one side between two conflicting Tribes are not in order.”

2) Content: Resolutions should not duplicate the NCAI Policy Statement and are not

required in order for NCAI to take positions on issues that are consistent with it. Instead

of a resolution, NCAI may take other action on a particular issue if it is included in the

Policy Statement. For example, many appropriations requests do not require resolutions

but the request may be sent to the NCAI Budget Taskforce to be included in NCAI’s

annual appropriations advocacy positions throughout the year. Committees may also

instruct NCAI to take certain actions, such as writing letters, setting up meetings with

policy makers, etc.

Requests that create a financial burden on the organization or that obligate resources will

be forwarded to the NCAI Executive Committee for consideration after the overall

resolution is considered by the appropriate committee and subcommittee of jurisdiction.

According to NCAI Standing Rules of Order Section VIII (E), a resolution that supports

the federal acknowledgement or recognition of an unrecognized tribe shall require one

co-sponsoring NCAI member tribe and must be presented at a prior NCAI Annual, Mid-

Year or Executive Council Session.

NCAI Resolution Policy and Guidance

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When considering whether to introduce a resolution for consideration, research

previously adopted resolutions on the NCAI website to ensure the position or issue is not

already covered by an existing resolution or the NCAI Policy Statement. Sponsors should

also ensure that their resolution does not conflict with existing resolutions.

Tone: Resolutions should convey a tone that is forward-looking, proactive, and solution-

oriented.

Length: Resolutions should not be longer than two pages. Supporting documentation

may be attached as an appendix if necessary.

Title: Titles of resolutions should be short and descriptive, clearly identifying the topic

addressed by the resolution.

3) Format: The first two whereas statements of an NCAI resolution are:

WHEREAS, we, the members of the National Congress of American

Indians of the United States, invoking the divine blessing of the Creator upon our

efforts and purposes, in order to preserve for ourselves and our descendants the

inherent sovereign rights of our Indian nations, rights secured under Indian

treaties and agreements with the United States, and all other rights and benefits

to which we are entitled under the laws and Constitution of the United States, to

enlighten the public toward a better understanding of the Indian people, to

preserve Indian cultural values, and otherwise promote the health, safety, and

welfare of the Indian people, do hereby establish and submit the following

resolution; and

WHEREAS, the National Congress of American Indians (NCAI) was

established in 1944 and is the oldest and largest national organization of

American Indian and Alaska Native tribal governments; and

[The subsequent “whereas” statements lay out the compelling reasons

and short history of the issue that lead up to a concrete action request in the

“Resolve” statements.]

NOW THEREFORE BE IT RESOLVED, that … [the “Resolve”

statement(s) should clearly explain the action you would like NCAI and other

entities to take to protect tribal sovereignty, governmental status, self-

determination, health and welfare, etc.]

Resolution Administrative Review Process

Resolution Committee Review: Resolutions must be submitted to the Resolutions Committee,

via the NCAI Embassy of Tribal Nations, before the established deadline. According to NCAI’s

Standing Rules of Order Section VIII (C), the Resolutions Committee will review submitted

resolutions in advance to determine whether each resolution is in order and to make suggestions,

NCAI Resolution Policy and Guidance

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in consultation with the sponsor, to improve resolutions so that they advance the best interests of

all Indian tribes.

The Resolutions Committee includes: tribal volunteer Co-Chairs as well as three Executive

Committee members.

Late Resolutions: According to NCAI’s Standing Rules of Order Section VIII (G), all resolutions

must be turned in to the NCAI headquarters not later than three weeks prior to the Annual

Convention, Mid-Year or Executive Council Session. No resolutions produced after such

deadline will be considered unless they are emergency in nature and national in scope, as

determined by the Resolution Committee.

Website for Resolution Review: Submitted resolutions will be posted to the NCAI website eight

business days before an Annual Convention and four days before a Midyear Convention. The

link to the website with posted resolution submissions will be made available to NCAI

committee and subcommittee chairs and NCAI members via a broadcast email.

Resolution Recommendations: Submitted resolutions will receive recommendations from the

NCAI Resolutions Committee before the Annual and Midyear Convention one week after the

deadline for submission and the recommendation will also be posted to the NCAI resolutions

website. Late resolutions will not necessarily receive a recommendation by that date.

Process for Consideration, Modification, and/or Passage

Role of NCAI Committees and Subcommittees: Standing Committees and/or Subcommittees are

authorized to review, modify a resolution or recommend approval of the resolution as submitted.

During consideration of resolutions, the committee or subcommittee will work to achieve

consensus. If an objection arises, an effort will be made to redraft the resolution to accommodate

the objection. However, a vote may be taken if consensus cannot be reached on a policy

question. When such votes occur, the tribal delegates must show that they are properly

credentialed to represent their tribe. The voting procedure is one vote for each tribe.

At various points in the resolutions process during an Annual Convention or Mid-Year Session, a

submitted resolution can be amended, tabled, approved, or disapproved.

1) At NCAI Annual and Mid-Year Sessions, Committees meet first and refer resolutions to

the Subcommittees.

2) Then Subcommittees consider the resolution and make recommendations (to amend,

approve, table, or disapprove). According to NCAI Standing Rules of Order, Section

XXI, Committees may be consolidated by group and may break into smaller, more

specific topic related committee after assessing the issues needing attention.

3) The full Committees meet once again to review the Subcommittee recommendations and

take action on the resolutions. The Committee Chair develops a report on action taken on

resolutions and any other recommendations the Committee would like to direct NCAI to

take. Respective Committee Chairs present their Committee Reports during the final

General Assembly of any Annual Convention or Mid-Year Session.

NCAI Resolution Policy and Guidance

Page 5 of 5

The Committee Co-Chairs play an important role in facilitating discussion and helping parties

identify consensus positions.

All NCAI Standing Committees will consider resolutions from two sources:

(1) Those referred to the Standing Committee by the Resolutions Committee, and

(2) Those considered emergency in nature and national in scope as determined by the

Executive Committee and subsequently referred to the Standing Committee.

Final Floor Action: NCAI operates meetings under Robert’s Rules of Order. At the final plenary

session of a Mid-Year or Annual Convention, NCAI Committee Chairs present their Committee

Reports, which include the recommendations made on resolutions referred to their respective

committee of jurisdiction. The Presiding Chair entertains a motion to adopt or otherwise take

action on the Committee report presented by the Committee Chair. NCAI Individual Indian

members or tribal delegates may wish to pull individual resolutions from Committee Reports for

separate consideration.

Once the Committee report is adopted, the Committee’s recommended actions for all of the

resolutions included in their report stand.

Term of Resolutions

Resolutions, once adopted, will remain the policy of NCAI until withdrawn or modified by

subsequent resolution, or until the resolution expires pursuant to its terms.

Annual Report on Resolution Status

NCAI maintains a list of the follow-up actions taken on resolutions and reports to the

membership annually on the prior year resolutions. The annual status update captures basic

information on activities undertaken by NCAI as a result of resolutions passed in that year.

NCAI promotes the positions of adopted resolutions in its ongoing advocacy efforts with

decision-makers. Resolutions are also used by the membership in a wide variety of local,

regional, and issue-specific situations to support tribal positions, so please communicate with

NCAI staff and the NCAI committee chairs so we can provide assistance and track the progress

of the resolutions.

2002 Policy Statement of the National Congress of American Indians Considered and Passed by tribal representatives gathered at the NCAI 2002 Midyear Session

The NCAI was founded in 1944 in response to termination and assimilation policies that the United States forced upon the tribal governments in contradiction of their treaty rights and status as sovereign entities. NCAI stressed the need for unity and cooperation among tribal governments for the protection of their treaty and sovereign rights. Since 1944, the National Congress of American Indians has been working to inform the public and Congress on the governmental rights of American Indians and Alaska Natives.

Over a half a century later, NCAI has grown to include 250 member tribes and thousands of individual members from throughout the United States, but our fundamental goals remain unchanged. Now as in the past, NCAI serves to secure for ourselves and our descendants the rights and benefits to which we are entitled; to enlighten the public toward the better understanding of Indian people; to preserve rights under Indian treaties or agreements with the United States; and to promote the common welfare of the American Indians and Alaska Natives. Specifically, we call for the following:

Respect for Tribal Governance and the Federal Trust Relationship

• Healthy government-to-government relations between the US and Tribal governments • Creation and nurture of institutions and processes to support meaningful and respectful

government-to-government dialogue and consultation processes • Respect and support for Alaska Native tribal governments • Recognition of Native Hawaiian rights • Positive working relationships with our neighbor State governments • Full exercise of Tribal self-determination and self-governance • Fulfillment of the federal Trust Responsibility via adequate annual appropriations for federal

Indian programs and renewed honor in the trusteeship of tribal lands and resources • Freedom from dual taxation created by imposition of state taxes on Indian reservations • Fair and prompt processes for placing land into trust to begin to restore a small fraction of the

countless acres of land that the federal government itself has acknowledged were wrongly taken from tribes

• Full acknowledgement of tribal sovereignty, including tribal jurisdiction over law enforcement and judicial processes on tribal lands, and the inherent right to prudent exercise of governmental immunity

• Honorable fulfillment of US treaty obligations and recognition of treaty rights

Support for Healthy Native Communities and People • Development of sustainable, diversified and vibrant economies in Indian Country • Opportunities for employment training opportunities and meaningful employment at living

wages for Indian people who wish to remain in their reservation communities • Respect for tribal rights to make choices—just as states do—regarding revenue generation

through taxation and pursuit of tribal business development in a range of areas, including gaming enterprises

• Provision of safe, affordable, and accessible quality housing for Indian people • Improvement of transportation infrastructure and accessibility in Indian Country • Concerted efforts to improve telecommunications and technology access in Indian communities • Improved access to capital and financing options • Fulfillment of the federal trust responsibility for Indian health, including full funding of need for

health care services, preventive care, facilities maintenance and construction, and other components of a functional, tribally-driven Indian health care system, and full implementation of the Indian Health Care Improvement Act

• Renewed commitment to Indian education within the BIA school system and public schools, including full funding for tribally operated schools and resources for tribal language and culture programs in all schools with concentrations of Indian students

• Sustained support for tribal law enforcement and tribal courts • Support for the unique needs of Indian youth, elders, veterans, and people with disabilities • Enhanced tribal involvement and direct access to federal funds for TANF programs, adoption

and foster care, and other social services • Preservation of the important protections for Indian children and communities under the Indian

Child Welfare Act • Coordinated efforts to eliminate the devastating effects of alcohol and substance abuse in Indian

and Alaska Native communities • Protection of our environment, the quality of air, lands, and waters, preservation of healthy

habitat for fish and wildlife, and restoration of endangered species • Support for sustainable development of tribal resources • Respect for exercise of tribal water rights • Protection of tribal communities from the impacts of nuclear waste Preservation of Human Dignity and Cultural Integrity • Preservation of Native languages and free exercise of traditional practices • Protection of sacred lands and practices, as well as access to and protected use of sacred sites

no longer within tribal lands • Free exercise of subsistence lifeways and protection of traditional crops and animal life integral

to traditional tribal practices • Full implementation of the Native American Graves Protection and Repatriation Act • Recognition of the Rights of Indigenous Peoples internationally within the United Nations, the

Organization of American States, and related arenas • Cessation of discriminatory and derogatory practices against all people, including the use of

Indian people as symbols and mascots for sports teams

Resolutions

Committee

Human Resources

Education

Health

Indian Child and Family

Welfare

Disabilities

Elders

Human Resources

Land/Natural Resources

Trust Lands, Natural Res, &

Agriculture

Energy and Mineral Policy

Environmental Protection and

Land Use

Land/Natural Resources

Litigation and Governance

Tribal Gaming

Jurisdiction and Tribal

Government

Human, Religious, & Cultural Concerns

Taxation

Litigation and Governance

Economic, Finance, &

Community Dev

Housing

Economic Dev, Finance

&Employment

Transportation and

Infrastructure

Telecommunications

Economic, Finance, &

Community Dev

Veterans

Veterans

NCAI Annual & Mid-Year Session Resolutions Process NCAI Committee & Subcommittee Process

April 16, 2014 Version

Final Action Taken on Resolutions: Last Day of Plenary Session

Committee co-chairs present committee reports on the action taken on resolutions considered by their committee during the last plenary session. Resolutions may be pulled from the committee reports to be considered individually by the membership. The committee report is adopted or tabled by the body under a consent agenda.

Attend Committees and Subcommittees

Attend the NCAI Committees/Subcommittees to address concerns about your resolution raised by committee members. Check the agenda for committee meeting times and locations.

Resolutions Sent to Committee/Subcommittee Chairs

At the time that the resolutions and recommendations are posted online, notice will be sent to committee and subcommittee co-chairs to review resolutions assigned to their committees.

Submitted Resolutions Posted to NCAI Website Submitted resolutions and recommendations will be posted to the NCAI website 4 days before the NCAI Mid-Year Session begins for sponsors and attendees to review. A broadcast will be sent to NCAI members when the documents are posted online.

Resolutions Committee Review: 1 Week after Submission Deadline

The NCAI Resolutions Committee consists of Tribal Volunteer Co-Chairs and Executive Board Liaisons. The committee will review submitted resolutions and develop recommendations.

Resolutions Due: 3 Weeks Before Conference

Only individual Indian members in good standing are authorized to submit a resolution. Good standing includes: membership dues are paid and current. Submit resolutions to aebarb@ncai.org in Word.