Siletz news /, April 01, 2004, Page 5, Image 5

VICE CHAIRMAN’S REPORT
The issue: Can a Tribal Council
member be a tribal employee at the
same time?
As many of you have heard by now,
there’s a very serious issue -facing the
Siletz Tribe. The issue is whether a
Tribal Council member can, at the same
time, be a tribal employee.
Tribal members have a right to know
what this issue is all about and where it
stands as of the publication of this issue
of Siletz News.
Although I’ve been asked my
opinion regarding this issue, it would
be inappropriate for me to express my
personal views at this time. I hope that
in the near future, tribal members will
have an opportunity to hear both sides
of this very important issue.
For the present, I’ll describe the
issue as objectively as I can.
First of all, it’s important to know
that the Siletz Constitution in Article
VI, Sec. 3, sets forth specifically the
qualifications for membership on the
Tribal Council:
“Candidates for Tribal Council
must be duly enrolled members of the
Confederated Tribes of Siletz Indians
of Oregon, who will be at least eighteen
(18) years of age on the date of election
and who have never been expelled in
accordance with Article VII, Section 4.
Candidates must file statements of their
candidacy with the Election Board not
less that forty-five days before the
annual election.”
However, the Tribal Constitution
under Article IV, Sec. 1, also states that the
“Tribal Council is empowered to
exercise all legislative authority of
government except that vested in the
General Council, and executive
authority of the government, including
the right to delegate authorities as it
deem appropriate ...”
It was under this provision of the
Constitution that the Tribal Council,
exercising its legislative and executive
authority, enacted three ordinances pro­
hibiting Tribal Council members from
being, at the same time, employees of
the Siletz Tribe.
That policy was specifically spelled
out in the following three tribal ordi­
nances, each one unanimously adopted
by the Tribal Council - Operation Rules
and Procedures, Personnel Manual, and
Ethics Ordinance. The wording of
the policy is identical in all three
documents, as follows:
“A tribal employee who has been
elected to the Tribal Council shall be
deemed to automatically terminate
his/her employment with tribal
government and/or other tribal entities
upon taking the oath of office. Members
of the Tribal Council shall not be
employed as a member of the tribe.”
However, exercising his right, this
policy was challenged in Tribal Court
Help Locate Retired Oregon Law
Enforcement Officers
The Department of Public Safety
Standards and Training (DPSST) is
asking for help in locating Oregon law
enforcement officers who retired from
their agencies within the past five years.
New rules recently were approved
that allow these officers to maintain
their certification if they meet certain
requirements. Because retired officers
no longer are associated with their
agencies, however, DPSST has no
reliable way to let these public servants
know about the rule change.
“This new rule addresses the long­
standing desire of officers and agencies
throughout Oregon to allow retired
police officers to maintain the
certifications that recognize their
issue. If you haven’t already done so,
please update your mailing address with
our Enrollment Department. The BIA
will use the most current address the
tribe has. All tribal members 18 and
older can exercise their right to vote.
professional achievements and stand­
ing,” says Mary Gaines, supervisor of
DPSST’s Certification and Records
section.
The retired officer certification
process also will allow retired officers
to continue working part-time in
certified positions, so that the value of
their many years of knowledge and
expertise is not lost to the state.
Officers who retired from their
agencies anytime within the past five
years are encouraged to contact Gaines
at 503-378-2427 for more information.
Information on retired officer mainten­
ance standards are on DPSST’s Web site
at http://www.dpsst.state.or.us/sc/
sc_home.htm.
Tribal Use of Gaming
Revenues
Vice Chairman Jessie Davis
by Bud Lane, an employee of the
Cultural Department who recently was
elected to Tribal Council. He contended
that his constitutional and civil rights
were denied.
On March 6, 2004, Chief Judge
Calvin Gantenbein heard the case and
handed down his decision in Bud’s
favor. The exact wording of the full
decision had not been made available
as of the publication of this issue of
Siletz News.
On Feb. 9, although the Tribal
Court would render its decision, the
Tribal Council felt the need to settle the
issue by an amendment to the Tribal
Constitution. With this in mind, the Tribal
Council adopted a resolution by a vote
of five for and four against, to request
the Bureau of Indian Affairs (BIA)
to conduct a constitutional election.
The election will give the general
membership an opportunity to vote on
the following proposed amendment:
“Tribal Council members shall not
be or become employees of the tribe
during their term of office. Tribal employ­
ees who become Tribal Council members
by election or appointment shall be
terminated during their time in office.”
This provision, if adopted, will be
added as a new Section 7 to Article VI
of the Siletz Constitution.
According to the Siletz Constitution,
any election on a proposed amendment
to the tribe's Constitution must be
conducted by the BIA. The BIA has 180
days from the date of the tribe’s request
for a constitutional election to conduct
the election.
All tribal members 18 and older
soon will receive a ballot to vote on this
The Tribal Council will seek input
from tribal members on how gaming
revenues (excess pledge revenues)
generated from our gaming enterprise
should be allocated. We’ll consider
programs and services under the five
general categories - Tribal Government,
General Welfare, Economic Develop­
ment, Investments, and Charitable
Donations.
With this in mind, community
meetings have been scheduled for all
four areas, each starting at 6:30 p.m.,
as follows:
April 13 - Eugene Area Office
April 15 - Siletz Tribal Community Center
April 20 - Salem Area Office
April 22 - Portland Area Office
Chemawa Station
Planning for the development of the
16-acre Chemawa property that was
turned over to the Siletz and Grand
Ronde tribes by the BIA is moving
steadily forward.
Meetings are held on a monthly
basis, with Chemawa Station Limited
Liability Corporation (LLC) staffs of
both tribes meeting first, followed by
the two Tribal Councils. The LLC staffs
also have been meeting with the repre­
sentatives of the city of Keizer and the
Oregon Department of Transportation
on road access issues.
Based on their contacts with these
city and state officials and discussion
of developmental issues, the LLC staffs
report their findings and recommenda­
tions to the joint councils.
A local consultant has been hired
who already has presented a schematic
design of proposed businesses suitable
for location on the property. The two
Tribal Councils are discussing the
viability of the proposal.
Siletz representatives involved in
the joint project are Chairman Delores
Pigsley and council members Jane John
and myself. Grand Ronde represen­
tatives are Bob Haller, Jan Reiback, and
Reyn Leno.
April 2004 □
Siletz News
□
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