CHAIRMAN’S REPORT
Tribal Court Affirms
Tribal Election
As readers of Siletz News know, I
have deliberately refrained from
commenting on the controversy
involving the tribe’s Feb. 2, 2002,
election. Although others have freely
expressed their opinions about the
election in Siletz News, I considered it
to be inappropriate to comment while
challenges to the election were being
heard in Tribal Court.
1 am pleased to report, however,
that on April 29, the chief judge of the
Siletz Tribal Court rendered his
decision. He upheld the election,
concluding that:
"... The election director and the
Election Board conducted the 2002
Tribal Council election in a fair, honest,
and professional manner. Their conduct
and decision were in accordance with
the Election Ordinance and the spirit
of the law. Every qualified tribal
member’s vote was counted and there
existed no evidence of fraud or illegal
conduct ... It is the judgement of
the Court that the petitioners 'challenge
to the 2002 election shall be
dismissed and consequently, the
results of the 2002 Tribal Council
election are hereby affirmed. ”
The 11-page Finding of Fact,
Conclusions, and Judgment reveals
how careful the Tribal Court was
in investigating every allegation
made by the plaintiffs before making
its decision.
I know the decision of the court will
not satisfy everyone, however. Court
decisions seldom do. But the Siletz
Tribe is fortunate to have had a
competent and impartial judge to hear
this case. Unless the decision is
appealed and reversed by a higher court,
the decision stands.
I would like to say a word about
the judge who heard the case and issued
the decision. It was Calvin Gantenbein,
who was appointed in early 1995 as
judge pro tern and in July 1999 as chief
judge of the Siletz Tribe. He came
highly recommended through
Northwest Indian Justice.
After graduating from Portland
State University in 1970 with a bachelor
of science degree in business and a
Chairman Delores Pigsley
minor in law enforcement, Judge
Gantenbein received a doctor of
jurisprudence in June 1974 from the
Northwestern School of Law at
Lewis & Clark College.
He worked his way through law
school as a Portland police officer and
as a uniformed police officer for
Portland Public Schools. For 14 years,
he was a practicing attorney in family
and juvenile law, during which time he
also served as judge pro tern for the
Multnomah County District Court.
A summary of the court’s decision
can be found on page 1 in this issue of
Siletz News.
David Hatch Appointed to
Fill Council Vacancy
The Tribal Council appointed tribal
member David Hatch to fill the vacancy
created when councilman Gerald Ben
resigned to accept the position of
deputy regional director of the BIA. In
making this appointment, the council
exercised its responsibility and
authority set forth in Section 6
Vacancies of the Siletz Constitution,
which states:
“In the event that any elective tribal
office becomes vacant between
elections, the chairman shall recom
mend a person who meets the
requirements of a candidate for that
position to fill the vacancy. Such
person shall assume office to serve
the remainder of the term upon
approval of the appointment by the
Tribal Council. ”
We are pleased that Dave has
agreed to serve again on the Siletz
Tribal Council. Please note that I
used the word “again.” This is because
soon after the tribe was federally
restored almost 25 years ago, Dave
was appointed to serve on the Siletz
Tribal Council.
At the time, Dave was a civil
engineering student at Oregon State
University, where he received a
bachelor of arts degree in 1976 and a
master’s degree in 1978. As an
appointed council member, he helped
plan the community center when
Government Hill was an undeveloped
piece of tribal property.
Dave was featured in the April 2002
issue of the OSU alumni publication,
the Oregon Stater. I would like to share
with you excerpts from that article
written by Michele Taylor. It will help
you understand why the council
appointed Dave to be a member:
Excerpts from this article reveal
that David is not only a professional
engineer and scientist, he is committed
to advancing the education of our
Indian youth and has the skills with
which to start innovative programs. We
are pleased that he has agreed to serve
once again on the Siletz Tribal Council.
Annual Government-to-
Government Summit
The sixth annual Govemment-to-
Govemment Summit between the tribes
and state government was held at Spirit
Mountain Casino in May. The
conference once again brought together
tribal and state officials, including state
legislators, to discuss current issues
affecting Indian tribes.
Although
these
summit
conferences are only held annually,
individual cluster groups meet
“Twenty years ago, (David Hatch) periodically during <■ the interim to tackle
formed the campus chapter of the specific economic development, health,
American Indian Science and education, natural resources, and
Engineering Society (AISES) to cultural resources issues.
The Govemment-to-Govemment
promote science careers to other Native
Americans. He has been mentoring Summit is a legacy of Gov. John
Kitzhaber, who leaves office at the end
AISES students ever since ...
“In 1986, former OSU president of this term. It was his vision, expressed
John Byrne created the Board of in his executive order issued more than
Visitors to promote under-represented six years ago, that the state of Oregon
minorities. Dave joined the board and must recognize and deal with tribes as
recommended (to Pres. Byrne) that the sovereigns on a government-to-
first minority office should be the Office govemment basis.
The Oregon Legislature performed
of Indian Education. At that time, the
Indian population was poorly a remarkable and significant act during
represented and had a dismal the last legislative session. The House
success rate. Today, 85 percent of - by a vote of 55 yes, 2 against, and 2
Native American students enrolled at absent - and the Senate - by a vote of
27 for and 2 absent - adopted S. 770,
OSU graduate.
“Dave states ‘We have to educate which codified the governor’s
the next generation because they are the Executive Order on State-Tribal
Govemment-to-Govemment Relations.
ones who will make a difference.’
Oregon has come a long way. We
“Dave also lectures for the
university’s Native Americans in are indebted to former Gov. Vic Atiyeh
Marine and Space Sciences program for creating the Oregon Commission on
as an environmentalist demonstrating Indian Services, a legislatively
the diversity of scientific careers. established entity that is still viable
Last year, Dave created the Elakha today. And we deeply appreciate
Alliance, a non-profit organization that Gov. Kitzhaber for his commitment to
unites scientists from various the principle of tribal sovereignty and
disciplines (anthropologists, molecular for establishing a process by which
biologists, wildlife biologists, and tribes and the state of Oregon can deal
ecologists) to re-introduce sea otters to with each other on a govemment-to-
Oregon waters. ”
govemment basis.
June 2002
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Siletz News
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