Sunset Public Hearing Questions for
COMMISSION OF INDIAN AFFAIRS
Created by Section 4-34-101, Tennessee Code Annotated
(Sunset termination June 2006)
- Provide a brief introduction to the Commission of Indian Affairs, including information about its purpose, statutory duties, staff, and administrative attachment.
- Provide a list of current commission members, or their designees, and describe how membership complies with Section 4-34-104, Tennessee Code Annotated. Are there any vacancies on the commission and, if so, what is being done to fill those vacancies?
- Section 4-34-104(b)(3), Tennessee Code Annotated, provides that "preference in selection of at least five Indian commissions shall be given to Native American Indians ..." How many members of the commission are Native American Indians? Does membership include members who are 60 years of age or older? Members who are female?
- How many times did the commission meet during fiscal years 2004 and 2005 and how many members attended each meeting? Did the commission comply with all meeting frequency, location and notice requirements set out in Section 4-34-105(a),(b) and (c), Tennessee Code Annotated?
- What per diem or travel reimbursement do members receive? How much was paid in to commission members during fiscal years 2004 and 2005? Were any other expenses charged to the commission?
- What were the commission's revenues (by source) and expenditures (by object) for fiscal years 2004 and 2005?
- Provisions of Title 4, Chapter 34, Tennessee Code Annotated, require the commission to have a web site and to provide certain information on that site (meeting notices, Section 4-34-105(c); meeting minutes, Section 4-34-105(d); annual reports, Section 4-34-105(e)).
- Does the commission maintain the required web site and does the site contain all of the required information? What other kinds of public information is provided on the site? Please provide the web address for the commission's website.
- Are minutes of all the commission meetings posted on the commission's website within 100 days of the meeting as required? Are minutes of all meetings of the commission available on the website as required?
- Has the commission prepared annual reports and placed those reports on the commission's website within 45 days of their approval as required? Are all annual reports of the commission kept available on the website as required?
- Was a rules commission appointed as required by Section 4-34-105(m), Tennessee Code Annotated? If so, what procedural and operating rules did the commission develop and were those rules approved by a majority vote of the full commission as required?
- Section 4-34-106, Tennessee Code Annotated, Sets out precedents which must be followed before any member or employee of the commission may enter into litigation. Has any member or employee entered into any litigation under provisions of this section?
- What were the commission's major accomplishments during fiscal years 2004 and 2005? Specifically, describe the nature and extent of commission activities as they pertain to each of the enumerated purposes and duties defined in Sections 4-34-102 and 103, Tennessee Code Annotated.
- Describe any items related to the commission that require legislative attention and your purposed legislative changes.
- Should this commission be continued? Why or why not?
- 13. Please list all commission programs or activities that receive direct or indirect federal financial assistance and therefore are required to comply with Title VI of the Civil Rights Act of 1964. Include the amount of federal funding received by program/activity.
[Federal financial assistance includes:
(1) Grants and loans of Federal funds,
(2) The grant or donation of Federal Property and interests in property,
(3) The detail of Federal personnel,
(4) The sale and lease of, and permission to use (on other than a casual or transient basis), consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served such sale or lease to the recipient, and
(5) Any federal agreement, arrangement, or other contact, which has as one of its purposes the provision of assistance.
28 C.F.R. Sec. 42.102(c)]
[The term "recipient" means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program, including any successor, assign, or transferee thereof, but such term does not include any ultimate beneficiary under any such program.
28 C.F.R. Sec. 42.102(f)]
- If the commission does receive federal assistance, please answer 14 through 21. If the commission does not receive federal assistance, proceed directly to question 20.
- Does your commission prepare a Title VI plan? If yes, please provide a copy of the most recent plan.
- Doe your commission have a Title VI coordinator? If yes, provide the Title VI coordinator's name and phone number and a brief description of his/her duties. If not provide the name and phone number of the person responsible for dealing with Title VI issues.
- To which state or federal agency (if any) does your commission report concerning Title VI? Please describe the information your commission submits to the state or federal government and/or provide a copy of the most recent report submitted.
- Describe your commission's actions to ensure that commission staff and client/program participants understand the requirements of Title VI.
- Describe your commission's actions to ensure it is meeting Title VI requirements. Specifically, describe any commission monitoring or tracking activities related to Title VI, and how frequently these activities occur.
- Please describe the commission's procedures for handling Title VI complaints. Has your commission received any Title VI-related complaints during the past year? If yes, please describe each complaint, how each complaint was investigated, and how each complaint was resolved (or, if not yet resolved, the complaint's current status).
- Please provide a breakdown of current commission staff by title, ethnicity, and gender.
- Please list all commission contracts, detailing each contractor, the services provided, the amount of the contract, and the ethnicity of the contractor/business owner.
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