Siletz news /, May 01, 2004, Page 7, Image 7

VICE CHAIRMAN’S REPORT
NIGA Trade Show and
Convention
Ever since planning for a gaming
enterprise began more than 10 years
ago, the Siletz Tribe has been an active
member of the National Indian Gaming
Association (NIGA). Throughout that
time, I was privileged to serve as the
Siletz Tribe’s representative to NIGA.
In that capacity, I had the oppor­
tunity of working with NIGA officials
and other tribal representatives from
the Northwest and across the country
on a wide variety of critical Indian
gaming issues.
For the past three years, I served as
the alternate representative/Executive
Board member of NIGA from the
Northwest region, which includes the
states of Washington, Idaho, and
Oregon. I had the opportunity of
becoming acquainted with and dis­
cussing national Indian gaming issues
not only with NIGA officials, but also
with tribal representatives from
throughout the Northwest.
On April 7, NIGA held its election
of officers. I appreciate the confidence
Northwest tribes had in electing me, this
time as the regional representative,
which automatically puts me on the
NIGA Executive Board. I was told that
my election was the result of my long­
standing involvement with NIGA and my
dedication to the cause of Indian gaming.
Siletz residents enjoy great weather during the Easter egg hunt at the
Siletz Tribal Community Center.
Oregon Gaming Alliance
The gaming alliance tribes have
been taking turns hosting monthly
meetings. We continue to work on
getting our bylaws passed by the
individual Tribal Councils. We also are
working on developing an RFP (request
for proposal) on the economic impact
that tribal gaming has had in Oregon.
Jane John and I are the representa­
tives from Siletz to this gaming alliance.
At the meeting in April, I was elected
chairman of the gaming alliance. Gary
George (Umatilla) was elected vice-
chairman and Bob Garcia (Coos, Siuslaw,
and Lower Umpqua) was elected
secretary/treasurer.
Vice Chairman Jessie Davis
I will do my very best to be worthy
of that confidence.
I also was active last year in helping
to form the Oregon Gaming Alliance. It’s
composed of all Oregon gaming tribes,
addresses Oregon gaming issues, and will
coordinate with and be supportive of
NIGA on national Indian gaming issues.
ATNI
On May 16-20, the Siletz Tribe will
host the Affiliated Tribes of Northwest
Indians’ quarterly meeting at Chinook
Winds Casino. At least 300 represen­
tatives from Oregon, Washington,
Montana, and Idaho will attend.
Arlen Kenttä, Bristo Bayya, Lenny Simmons, and Brandon Hammett attend a
weeklong electrical and plumbing class in Las Vegas in March.
Court Case, con’t from page 6
time and commitment of being on the
Tribal Council is such that full-time
employment would hinder them in
fulfilling their council duties.
Opinion
Freedom of speech is a constitu­
tionally protected right, which has been
defined by courts to include a citizen’s
right to participate in the political life
of his community. This right is
protected by the United States’
Constitution, but it is not directly
addressed in the Siletz Constitution.
However, the Indian Civil Rights
Act prohibits any Indian tribe from
exercising their powers of self-
government from making or enforcing
any law prohibiting or abridging the
freedom of speech. This prohibition is
not absolute. The tribe could restrict this
right where there is a showing that there
is a compelling interest involving the
efficiency, integrity, discipline, or a
clear public interest, which would be
placed in jeopardy.
The general rule is that all laws are
to be presumed constitutional absent a
strong showing to the contrary. However,
when interpreting statutes restricting
freedom of speech issues, this
presumption does not apply, since free
speech is so important in a democracy.
The ordinances, resolutions, and
policies can prevail only if it can be
shown that a compelling interest is at
risk that cannot be protected or
corrected by restrictions that are
narrowly drawn. The prohibition
against all tribal employees from
holding elective tribal offices is
tantamount to hunting mice with an
elephant gun. It is an overkill. Any
potential conflicts or ethical concerns
are easily controlled or avoided by the
ethic codes. The argument on the time
commitment is disingenuous. Several
of the past and present Tribal Council
members have worked full time for non­
tribal employers. The issue of time
commitment should be left up to the
candidates and the electorate. Lastly, the
fact that these ordinances, resolutions,
and policies have been in effect since
1982 has no bearing on the issue of their
validity. An unlawful law is unlawful
regardless of the length of its existence.
The ultimate authority of the tribe
rests with General Council and the
Constitution. Only the General Council
has the authority to make qualifications
or place restrictions on candidates for
Tribal Council. The Tribal Council has
no such authority and any attempt to
do so is unlawful and unconstitutional.
Therefore, it is hereby ordered
that the following ordinances and
policies are ruled unlawful and
unconstitutional:
The Tribal Council Ethics Ordinance,
Section 3.006, (d)
The Personnel Manual of the Siletz
Tribe, Section 1.604.9
The Annual Plan of Operations Manual
of the Tribe, Section 416.11
The Tribal Election Ordinance, Section
2.49
DATED this 30th day of March 2004.
Calvin E. Gantenbein, Chief Judge
Siletz Tribal Court
May 2004 □
Siletz News
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