Image provided by: University of California, Berkeley, Ethnic Studies Library; Berkeley, CA
About Siletz news / (Siletz, OR) 199?-current | View Entire Issue (March 1, 1998)
Siletz News Part II D istribution of Excess Tribal Net Revenues S6.87 Procedure for Distribution of Excess Tribal Net Revenues. (a) Excess tribal net revenues shall be those net revenues of Chinook Winds remaining after distribution of net revenues as set out in 6.83 and 6.84, and payment of additional business expenses of Chinook Winds expressly authorized by the Tribal Council; Excess tribal net revenues shall be distributed by the Tribal Council in : the following categories, 'as specifically authorized by 1GRA, in the following percentages: Category 1998 1999 2000 2001 2002+ Government Operations 15% 15% 15% 20% 20% General Welfare 25% 25% 25%, 40% 45% Economic Development 20% 20% 20% 15% 15% Investments : 30% 30% 30% 20% ;15% Local Government; Tribal Charities 10% 10% 10% 5% 5% (b) Any excess tribal net revenues amount for Chinook Winds shall be certified to the Tribal Council by an independent auditor within ninety (90) days after the end of each calendar year. This amount will then be allocated into the categories as set out in sùbsection (a), and included within the Siletz Tribe's budget process as set out in the Budget Ordinance. The Tribal Council may set up procedures or advisory bodies as necessary to review and recommend p ro p o sed distributions of excess tribal net revenues in th e G eneral W elfare an d. Tribal C harities categories. S6.88 Per Capita Distribution of Net Revenues. [Reserved]. S6.89 Amendment. This Ordinance shall not be amended or revoked except by a two-thirds vote of thè entire Tribal Council, requiring a Vote of six members thereof in favor òf such amendment or revocation. S6.200 Siletz Tribal A thletic Commission Ordinance. , 56.200 Authority. The Siletz Tribal Council is empowered to exercise , the legislative , authority of the Siletz Tribe pursuant to Article IV, Section 1 of the Siletz Constitution. Formation of a Tribal Athletic Commission is an exercise of the inherent sovereign authority of the Siletz Tribe. Individual sport activities may « be affected by federal law and regulations. 56.201 Purpose. The Siletz Tribe desires to form a Tribal Athletic Commission to promote and offer different sport activities at the Siletz Tribe's gaming center, knownas Chinook Winds Carino,; and at other locations on tribal trust land. The purpose of this Ordinance is to establish a Tribal Athletic Commission to create rules and regulations for the conduct of each sporting activity, and to regulate each sporting activity that is authorized by the Tribal Council to be conducted. 56.202 Definitions. (a) For purposes of this Ordinance, "sporting activity" is defined to include only those on- reservation sporting events conducted primarily Editorial Pige for commercial purposes and for the purpose of generating income to the Tribe, promoters, participants, and others, (b) For purposes of this Ordinance, "Siletz lands" shall mean all reservation lands of the Siletz Tribe, and all lands held in trust by the United States for the benefit of the Tribe or individual members of the Tribe. 6.203 ^Establishment of Siletz Tribal Athletic Commission, (a) There is established a Siletz Tribal Athletic Commission ("Athletic Commis-. sion"), consisting of three members. The Athletic Commission members shall serve for a term of three years, with staggered terms, The Commission members shall be appointed by th e Chairman of the Tribal Council, upon approval of the Tribal Council. Üntil the appointment of a permanent Athletic Commission under this Ordinance, the Tribal Chairman shall appoint three members of the Tribal Council to act as an interim Athletic Commission, (b) One member of the Athletic Commission shall be a member of the Tribal Council. A second member of the Athletic Commission shall be a tribal member. The third member of the Athletic Commission may be a non-member with experience in the conduct and regulation of sporting activities. The members of the Commission shall appoint from their membership a Chairman, who shall serve for a period of one year. Upon the initial designation of Athletics Commission members, the Chairmen of the Tribal Council shall designate one position as a one-year term, one position as a two-year term, and one position as a.,three-year term. Thereafter, when the initial period of appointment expires, Commission members shall be appointed for a three year term. 596.204 Budget staff. It is expected that the Athletic Commission shall be self supporting, either through the assessment of licensing fees or the, assessment of other -charges. against on- reservation sporting activities regulated by the Athletic Commission. The Athletic Commission may hire staff as necessary and appropriate, and as the Athletic Commission's budget, permits Any staff of the Athletic Commission shall be tribal employees, subject to the the Tribe's personnel policies. 516.205 Qualification removal from Office. The two non-Council positions on the Athletic Commission shall require experience and knowledge in the, conduct and regulation of sporting activities. Commission members may be removed only, for; cause, or for commission of a crime or ojther activity which may affect the integrity and ability of an Athletic Commission member to honestly and fairly regulate on reservation sporting,, activity. Conviction of a crime involving moral turpitude or dishonesty shall be considered conclusive grounds for removal of a Commission member. Athletic Commission members shall not be involved in the promotion of sporting activities on Siletz lands during their term of office. Commission members shall be removed by majority vote of the Tribal Council, after, notice of the charges made and an opportunity to be heard. 56.205 Authorized ¿porting Activities (a) Page 15 Only those sporting activities expressly authorized by the Tribal Council, and regulated by the Athletic Commission, shall be conducted on Siletz lands. Any sporting activity conducted in violation of this Ordinance shall be subject to to criminal prosecution or civil forfeiture of sales and other revenues generated by such event, (b) The Athletic Commission shall permit and shall regulate only those sporting activities specifically authorized by the Tribal Council, as permitted by applicable law. The following sporting activities are authorized by the Tribal Council: (I) Boxing amateur and professional; (c) Before permitting an authorized sporting activity to take place on Siletz lands, the Athletic Commission shall draft rules and regulations covering all aspects of said sporting activity, including but not limited to promotion, health issues, public safety issues, and standards. Such regulations shall be consistent with all applicable law and regulations. Such regulations, and any amendments thereto, shall be subject to approval of the Tribal Council, and shall not be effective until seven (7) days after such approval. 56.206 Regulation of Authorized Sporting Activities. The Athletic Commission shall be responsible for regulation of any sporting activity which occurs on Siletz lands to ensure that the conduct of such sporting activity comports with all Athletic Commission regulations and applicable laws. The Athletic Commission may delegate its authority to a tribal enterprise such as Chinook Winds, but shall retain ultimate authority forthe conduct of the sporting activity. Commission regulations shall include sanctions for violations of said regulations, and the Athletic Commission shall have authority to impose such sanctions. 56.207 Amendment. This Ordinance may be amended by majority vote of the Tribal Council. Enrollment Onlinance: Proposed Change S2.710 Loss of Membership. (d) Loss of Membership Due to Discovery of New Information: (1) Policy. The Siletz Constitution, Art. I, Sec. 3, states that no person shall be enrolled as a member of the Siletz Tribe who does not meet the membership requirements set forth in Article I, Section 1. Enrollment recommendations of the Enrollment Committee and enrollment decisions — of the Tribal Council shall be based on the best arid most accurate information available to the Enrollment Committee at the time the enrollment application is considered by the Tribal Council. The Tribal Council interprets and applies the language of the Siletz Constitution, Art I, Sec. 3, asfollows: The Siletz Constitution does not require the disenrollment df any enrolled member of the Siletz Tribe due to inforrriatiqn discovered after the member's enrollment application has been approved by the Tribal Council, which information would result - in a correction and lowering of the member's blood quantum, but such information shall be applied to all future enrollment applications. The language of this section shall pot affect rights and responsibilities set out elsewhere in this Ordinance.