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.
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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)
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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.