Spilyay Tymoo
Coyote News, est. 1976
December 5, 2018 - Vol. 42, No. 25
December – Nch’i-An - Winter - Yiyam
Mandatory minimum sentencing proposal
Prevention and treatment are on
the front line in the battle against
illegal drugs and alcohol on the res-
ervation. With prevention and
treatment the tribes also enforce
drug and alcohol laws on the tribal
land.
The tribes’ Justice Team has a
draft resolution requiring manda-
tory minimum sentencing for drug
violations of tribal criminal code.
Another aspect of the resolution
would be exclusion from the res-
ervation of any non-member
found in violation of the tribal drug
code.
The Justice Team last week held
the first public meeting on the pro-
posed resolution. The initial re-
sponse from the public is in fa-
vor of the proposal, said Corey
Clements, Justice Team member
and deputy prosecutor at the
Tribal Court.
In fact, community member
response has prompted the Jus-
tice Team to increase the initially
proposed mandatory minimum
sentences. Regarding drug viola-
tions on the reservation, a para-
graph in the original draft reads:
“Tribal Council amends the
(tribal criminal code) provision to
include a mandatory minimum
sentence of incarceration for of-
fenders convicted of this provision
to carry a) minimum 30 day sen-
tence on first conviction; b) mini-
mum 60 day sentence for second;
and c) third and subsequent to have
a minimum 90 day or more sen-
tence… “
After the first public meeting on
the proposal, Ms. Clements said, the
Justice Team is suggesting doubling
the minimum sentences from 30,
60 and 90 days to 60, 90 and 120
days.
The Justice Team—representing
departments of the Public Safety
Branch, tribal court, Health and
Human Services, Housing, IHS,
elected leaders, management
and other community mem-
bers—will meet again this month
to go over the changes to draft
resolution.
The team will then meet again
in January with the community
members on the revised pro-
posal.
The Justice Team first began
working on the mandatory mini-
mum sentencing resolution at the
direction of Tribal Council. Vari-
ous factors were involved in the
Council decision.
See SENTENCING on 2
Beaded
wonder
at show
ECR WSS
Postal Patron
U.S. Postage
PRSRT STD
Warm Springs, OR 97761
Tribal
Council
nominations
Nominations are coming up for
candidates in the spring 2019 Tribal
Council election.
Wasco Chief J.R. Smith an-
nounced the evening of Wednesday,
December 12 for the Agency Dis-
trict nominations.
The meeting will start with din-
ner at 6 p.m., nominations at 7 at
the Agency Longhouse.
The Simnasho and Seekseequa
district meetings will also be soon.
Specific dates were not yet known
at press time for this publication.
Listen to KWSO 91.9 FM for
updates. The nominations will be
for the Twenty-Eighth Tribal Coun-
cil of the Confederated Tribes of
Warm Springs.
Ballot mailing
planned for
baseline
referendum
These images are from
the beautiful and
amazingly detailed
beaded vest by artist
Barbara Starr.
The vest—it truly must be
seen in person to be
believed—won the Judges
Choice Traditional Award
at the 2018 Tribal Member
Art Show at the Museum
at Warm Springs.
The museum will host the
Grand Opening of the
2018 show at 5:30 p.m.
this Thursday evening,
December 6.
CP Enterprise pursuing new strategy
The Warm Springs Cannabis
Project team—CP Enterprise—
met with tribal members last week
regarding a new proposal for a
cannabis growing and extraction
project. Community response to
the presentations was very positive,
said Laurie Danzuka, of CP
Enterprise and War m Springs
Ventures.
Ventures was scheduled to
present the plan and community
response at Tribal Council this
Tuesday afternoon, December 4
(after print time for this publication) .
PO Box 489
Warm Springs, OR 97761
CP Enterprise and Ventures
were seeking a resolution of
support from Tribal Council.
Funding for the project—
sug gested location is tribes’
Schoenhagen property—would
then be provided through the
Carbon Sequestration program,
also a Ventures-Tribal Council
endeavor.
The new proposal is scaled-
down from the earlier proposal,
and does not involve high-THC
recreational cannabis, at least not
during this first phase. Instead, the
focus is on a CBD hemp product,
most often used medicinally.
This product is expected to
become regulated as a more
standard agricultural crop early next
year. This would relieve the strict
regulation of the high THC
recreation cannabis. Shipment
across state lines, for instance,
would be allowed for CBD hemp
product.
Factors that led to the change
in approach included the difficulty
of finding an outside partner that
did not make unreasonable
demands—a significant part of
revenue, for instance—the
tribes would not approve. More
recently, the saturation of the
recreational cannabis market
makes the previous proposal
untenable.
Ms. Danzuka and CP
Enterprise gave a summary
overview of the new proposal.
As stated in the overview:
“Due to changes in the
market, the project has been
downsized to a small start-up.”
See CP ENTERPRISE on 2
A tribal referendum is set for
February of next year, asking tribal
members to vote on a change to
the how blood quantum is deter-
mined for the purposes of auto-
matic enrollment.
Ballots will be going out soon,
though a specific date is not yet
known. Lynn Davis, tribal Admin-
istrative Services director, was an
integral part of the tribal election
balloting process. Her passing in
November has meant that others
are working diligently to replace
Ms. Davis’ invaluable service dur-
ing tribal elections.
The February referendum will
ask specifically: ‘Should Resolution
12,157 determining the blood
quantum for the purpose of auto-
matic enrollment be approved?’
In April 2016, the Twenty-Sixth
Tribal Council adopted Resolution
12,157, changing the rules for de-
termining blood quantum for au-
tomatic enrollment.
The change would be the addi-
tion of the 1980 census to the list
of baseline census years for deter-
mining the Confederated Tribes
blood quantum.
Warm Springs Enrollment Or-
dinance 94 outlines the require-
ments for automatic enrollment
and adoption.
Currently, an individual is eligible
for automatic enrollment if they
have at least one-quarter of Con-
federated Tribes blood; that is,
Warm Springs, Wasco, or Paiute.
Individuals who do not meet the
automatic one-quarter blood quan-
tum requirement may get enrolled
through the adoption process.
Over the decades, the baseline
for determination of blood quan-
tum has been adjusted to 1940 and
1960, with the 2019 referendum
suggesting a new baseline of 1980.