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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Sept. 1, 2005)
September 1, 2005 Pqge 11 Tribal Council Resolutions Spilyqy Tymoo, Warm Springs, Oregon Q'bi following tin rt solutions recently approved by (be Tribal Council of ibt Confederated Tribts of Warm Springs.) Museum to host is -wUll Corps II exhibit Whereas the Treaty with the tribes of Middle Oregon of 1855 turned 150 years old last month and is still in effect to day, and this scsc-uiccntcnnial coincides with the bicentennial of the Ixrwis and Clark expedi tion, who journeyed up the Deschutes River as well as down the Columbia River; and, Whereas timing of these milestones provides an oppor tunity for Warm Springs to tell its side of the story through continuing tribal public educa tion about our Treaty, values and traditions; and, Whereas the Corps II Trav eling Exhibit created by the National Park Service relates the story of the Lewis and Clark expedition and features a "Tent of Many Voices" for presenta tion of local history and heri tage programs; and, Whereas the proposed site for the April 2006 Corps II event is at the Museum At Warm Springs, which would pro- vide an excellent location for sharing information and hospi- tality; and, Whereas, Warm Springs is the only Central Oregon location proposed for Corps II, which will generate a large number of students and other visitors from the region; now therefore, Be it resolved by the 23rd Tribal Council of the Confed erated Tribes of Warm Springs, pursuant to Article V, Section 1(1) of the Constitution and By Laws, 'that the Tribal Council is in full support of hosting the Corps II event; and Be it further resolved that the Tribal Council encourages tribal and federal programs, en terprises, the private sector and other community entities to pro vide their support in helping make the opportunity a success. (Resolution No. 10, 535.) Tribes contract for IHS services Whereas the Tribal Council is the governing body of the Confederated Tribes of Warm Springs; and, Whereas the Congress has declared its commitment to the Indian people through the estab lishment of a meaningful Indian self-determination policy which will permit an orderly transition from federal domination of pro grams for and services to Indi ans to effect and meaningful participation by the Indian people in the planning conduct, and administration of those pro grams and services; and, Whereas the incidence of ill ness, injury, and accidents for the Warm Springs Reservation appears to be considerably greater in proportion to the other Indian populations in the United States; and, Whereas the Tribal Council is committed to a long-term ef fort which includes appropriate use of all available resources to effect the needed change in community attitudes, lifestyle choices, and health conditions to improve the health of the com munity, and, Whereas in the recent past, the Tribal Council has autho rized the tribal government un der the Indian Self Determina tion Act (25U.S.C 450 et seq) to contract functions from Indian Health Services including con tract health sen-ices, health edu cation, community health rep- rcsentatives, mental health, al- cohol treatment, and sanitarian; and, Whereas Tribal Council is committed to the, development of an integrated and coordi- natco yslcm OI community bascd hcaIth carc; andi Whereas Tribal Council has determined that it is in the best interest of the tribe that all com munity support health services should be administered uni formly; and, Whereas the Tribal Council, pursuant to Article V, Section 1(1) of the Constitution and By laws is responsible to protect the health, security and general welfare of the members of the Confederated Tribes; now there fore, Be it resolved by the Twenty Third Tribal Council of the Confederated Tribes of Warm Springs, pursuant to Article V, Section 1 (d) of the Constitution and By-Laws that the Confed erated Tribes, enter into a In dian Self Determination Act contract with the Indian I lealth Service and contract the public health nursing, social work and nutritionist functions operated by the Indian Health Service; and, Be it further resolved that the Secretary-Treasurer is di- rected to submit application, negotiate, and execute such con tract with the Indian Health Ser vices; and, Be it further resolved that all indirect and direct contract sup port cost funding, including in terest shall be made available to the program annually to support the administrative operations of the health programs operated by the Tribe. (Resolution No. 10,534.) Jackson named chief judge Whereas the Chief Judge of the Warm Springs Tribal Court has resigned, effective July 31, 2005; and, Whereas, pursuant to Warm Springs Tribal Code section 200.250(1), the Tribal Council appointed a Selection Commit tee to review candidates for the position of Chief Judge of the Warm Springs Tribal Court; and, Whereas such Selection Committee has been unable to meet and the Tribal Council hereby exercises its authority pursuant to Article V, Section 1 (s) of the Constitution and By laws to review the actions of the Selection Committee and to make appointments to the Tribal Court; and, Whereas Anita Jackson has been appointed by the Tribal Council as Chief Judge of the Tribal Court; and, Be it resolved by the Twenty Third Tribal Council of the Confederated Tribes of Warm Springs, pursuant to Article V section l(i),(l) and (s) of the Constitution and By-laws, that Anita Jackson has been ap pointed as Chief Judge of the Warm Springs Tribal Court, ef fective August 1, 2005; and, Be it further resolved that such appointment is for a one year probation, pursuant to Warm Springs Tribal Code sec tion 200.250(2) after success fully completing probation be Council appoints associate judges WTiereas the terms of office of the associate judges of the Warm Springs Tribal Court have expired; and, Whereas pursuant to Warm Springs Tribal Code section ' 200.250(1), the Tribal Council appointed a Selection Commit- tee to review candidates for the positions of Associate Judge (s) of the Warm Springs Tribal Court; and, Whereas such Selection Committee has been unable to meet and the Tribal Council hereby exercises its authority pursuant to Article V section 1 (s) of the Constitution and By-laws, to review the actions of the Se lection Committee and to make appointments to the Tribal Court; and, Whereas Barbara Jim and Marie Calica have been ap pointed by the Tribal Council as Associate Judges of the Tribal Court; now, therefore, Be it resolved by the Twenty Third Tribal Council of the Confederated Tribes of Warm Springs, pursuant to Article V section l(i),(l) and (s) of the Constitution and By-laws, that Barbara Jim and Marie Calica be appointed as Associate Judges of the Warm Springs Tribal Court, effective August 1, 2005; and, Be it further resolved that such appointments are for a one year probation, pursuant to Warm Springs Tribal Code sec tion 200.250(2) after success fully completing probation be appointed for a four (4) year term ending July 26, 2010. (Resolution No. 10.538A.) Procedure for recall clarified Whereas Article IV, Section 10 of the Constitution of the Confederated Tribes of Warm Springs provides for recall of a member of the Tribal Council J by the electors of the member's district in an election called by the Tribal Council upon presen tation of a petition for the re call of such member signed by at least 30 percent of the eli gible voters of the district and election of successors; and, Whereas it is appropriate for the Tribal Council to establish procedures for such recall, in the same manner as Tribal Coun cil set forth procedures for ref erendum elections by adopting Resolution No. 4729 on August 30, 1976; now, therefore, Be it resolved by the 23rd Tribal Council of the Confed erated Tribes of Warm Springs, pursuant to Article V, Section 1(1) of the Constitution and By Laws, that procedures are hereby adopted with respect to Article IV, Section 10. Members of the Tribal Council are elected as individu als and it is only logical and ap propriate that they should be considered for recall on an in dividual basis. Therefore, a pe tition for an election for recall of a member of the Tribal Council shall be limited to one member of the Tribal Council. In the event petitioners seek a recall election for more than one member of the Tribal Council, there shall be a separate petition for each member of the Tribal Council; Any such petition shall have the following title: Petition for recall of (name of member of Tribal Council), member of the Tribal Council from (Name of District). By signing this petition, the eligible voters of the (name of district) are ask ing the Tribal Council to call an election for the purpose of recalling the above member of the Tribal Council. If the member is recalled, a spe cial election shall be held to elect a successor. To ensure that members are aware of the contents and im pact of any petition, individuals circulating petitions to recall any member of the Tribal Council shall slowly and carefully read the title of the petition, word for word, to each member, before the member signs the petition. No person circulating such pe tition shall make any statement or express any opinion in ex plaining the petition which is dif ferent or contradictory to the title of such petition. Upon securing the signature of at least 30 per cent of the eligible voters of the district from which the member of the Tribal Council was elected, the petition and signatures shall be submitted to the Tribal Coun cil. For the purposes of this resolution, eligible voters shall mean those having the right to vote pursuant to Article IV, Sec tion 5, of the Tribal Constitu tion. At such time petitions are presented to the Tribal Council, each petition shall contain a cer tification by the person present ing the petition in the following language: , the undersigned, do hereby certify that I personally presented the attached petition to the mem bers of the Confederated Tribes of the Warm Springs Reserva tion whose signatures appear on such petition. That I personally read the title to the petition to each of the people who signed, and that I made no statement or e x -pressed no opinion which was dif ferent or contradictory t o such statement. That each signature on this petition was made by the person whose name was signed and that it was made voluntarily and with out any undue influence, ' Within 30 calendar days of presentation of the petition and signatures, the Tribal Council shall examine the petition and signatures to determine whether they comply with the Tribal Con stitution and this resolution. If the petition and the signa tures are found to comply with the Tribal Constitution and this resolution and the petition con tain sufficient valid signatures, the Tribal Council shall call a special election, to be held within 60 calendar days. In the event that the petition and signatures are found to com ply with the Tribal Constitution and this Resolution, and the Tribal Council shall not call for such election within 60 calendar days after presentation of the petition and signatures, the pe Clothes for Men, Women, & Children Toys Watches Shoes 1555 S.W. IIWY 97, MADRAS, (541) 475-3474 titioners shall sign i written re quest for the B1A superinten dent of the Warm Springs Agency to call such an election. Upon such written request, the superintendent may call such election. The failure of the Tribal Council to take action on the re quest for election with 60 cal endar days after presentation of the matter to the Tribal Council shall be deemed a vote not to submit the question. Any person making a contra dictory or different statement in explaining the tide of the peti tion shall be deemed guilty of an offense and shall be punish able by a fine of not to exceed $100 and by a jail term of not to exceed thirty (30) days, or both. (Resolution No. 10,540.) New roadway at Sunnyside Whereas the Tribal Council is the governing body of the Confederated Tribes of Warm Springs; and, Whereas the BIA and the tribes have recognized the need to submit for new construction, project No. WSIR 3003(6), for Sunnyside Subdivision Road. This Project is an integral part of the safety of Warm Springs roads use and school bus routes; and, Whereas this new road has been designed as part of the BIA roads inventory and the BIA has identified the funding source for construction maintenance and repair to be through the Indian Reservation Roads Program un der the Transportation Equity Act for the 21" Century, admin istered by the Federal Highways Administration; and, ; Whereas the BIA and the tribes' Construction Enterprise Wfam Springs M&rktf tndtin Arts tod ' Cr&fts S 9f99 tifi C CV Warm Springs, ($4l)SS$-W7 Need help with a'legal problem? Legal Aid Services of Oregon provides free assistance to low-income Oregonians in many civil cases. Call us at 385 6944 on Mondays and Tuesdays. Or come see us in person on the second and fourth Wednesday of every month from 1 to 4 p.m. at the Madras Employment Department, 257 SW Third. (Right next to Bi-Mart) , j Mew ii 1 -; j . estimate that the cost to con struct this project is approxi mately $63(),0(H).(K) and that an actual cost proposal will be ne gotiated for the purpose of en tering into a contract between the BIA and the tribes; for which advance payment schedule pro cess for funding shall be re-' quested: and, Whereas the Warm Springs Construction Enterprise's mis sion is to ensure that the Con federated Tribes of Warm Springs retains maximum eco nomic benefits from construc tion projects on and near the res ervation; and, Whereas this project can best be expedited and accomplished by the tribes, by and through its Construction Enterprise, acting under Public Liw 93-638 con tract with the BIA and by utiliz ing materials located on the Res ervation and in close proximity to the projects; now, therefore Be it resolved by the 23,d Tribal Council of the Confed erated Tribes of Warm Springs Reservation, pursuant to Article V, Section l (a) and (d) of the Constitution and By Laws, that the Warm Springs tribes request a contract under authority of PL 93-638, to accomplish con struction of the following project at Warm Springs: WSl R 3002(6) - Sunnyside Subdivi sion; and, Be it further resolved that the Secretary Treasurer of the tribes or his authorized designee is hereby authorized to make application for, negotiate and execute said contract and any amendments thereto, on behalf of the tribes; and, Be it further resolved that this authorization shall remain in full force and effect until oth erwise amended or rescinded by Tribal Council action. (Resolu tion No. 10,533.) OR $7761 OR 1)7741