Smoke Signals February 1990
Page 3
REPORT (Cent )
per Tribal member to participate in their wrestling, not
to exceed 14 students. This money was designated to be
taken out of the General Council fund, which $5,000 was
allocated for a year.
Since the establishment of the reservation, the Tribal
Council has received numerous requests to fund Tribal
member youth in either their traveling of long distances
for school activities, or sports activities. This has
generated concern among the Tribal Council. The
Tribe is in the process of acquiring land for the con
struction of a new Tribal administrative office and a
Community Center. We also want to acquire land to
provide housing in Grand Ronde.
If the Council is to honor every request for funding it
receives, it is possible that the Tribe may be unable to
, provide the essential services that the Tribal Council
wishes to provide.
On the 6th of December, the Council discussed the
funding for Tribal members to participate in athletic
activities. The Council elected to honor the General
Council's vote to fund the school wrestlers, with the con
dition that Darlcne Aaron handle the funding. The
Tribal Council also expressed concern of General
Council voting to fund further activities at future
meetings. As voting powers of the General Council.
Under the Tribal Constitution, the General Council is
empowered to move and vote on advisory motions.
Also, the Council will reserve its authority to review
votes taken on funding requests, at future General
Council meetings.
We regret that it has come to this, but the Tribal
Council feels this could be setting a major precedent.
The Tribal Council is willing to assist Tribal member
youth in future fund raising for school related activities
(travel, sports, ect.,).
Enclosed is a copy of the General Council powers as
set forth in the Grand Ronde Tribal Constitution.
CONSTITUTION OF THE
CONFEDERATED TRIBES
OF THE
GRAND RONDE
COMMUNITY OF OREGON
PREAMBLE
We, the Indians of the Confederated Tribes of the
Grand Ronde Community of Oregon, being a federally
recognized Indian tribe pursuant to the Grand Ronde
Restoration Act of November 22, 1983 (97 Stat. 1064)
hereby adopt this Constitution in accordance with the
Indian Reorganization Act of June 18, 1934 (48 Stat.
984), as amended, and establish our tribal government in
order to form a better tribal organization, secure the
rights and powers inherent in our sovereign status and
guaranteed to us by Federal Law preserve our culture
and tribal identity, promote the social and economic
welfare of our people, protect and develop our common
resources, maintain peace and order.and safeguard indi
vidual rights.
ARTICLE 1 - AUTHORITY OF GOVERNMENT
Section 1. Jurisdiction and Territory
The authority of the government established by this
Constitution shall extend over all persons, property, and
activities within the jurisdiction of the Confederated
Tribes of the Grand Ronde Community of Oregon,
except as limited by this Constitution and by Federal
Law.
The jurisdiction of the Confederated Tribes of the
Grand Ronde Community of Oregon shall extend, to the
fullest extent possible under Federal Law, over all lands,
waters, property, airspace, minerals and other natural
resources, and any interest therein, either now or in the
future, owned by the Tribe or individual members held
in trust status or located within the boundaries of the
tribal reservation which will be established pursuant to
the Grand Ronde Restoration Act, notwithstanding the
issuance of any existing or future patent or right-of-way.
Sec. 2. Hunting. Fishing and Gathering Rights. Nothing
in this Article shall be construed as restricting the
exercise of hunting, fishing or gathering rights of
members, if any, consistent with Federal Law.
ARTICLE II - GENERAL COUNCIL
Section 1. Powers. There shall be a General Council,
comprised of all duly enrolled members 6f the Confed
erated Tribes of Grand Ronde Community of Oregon
who are eighteen (18) years of age or older, which shall
have the power to:
(a) Elect tribal council members in accordance with
Article VI.
(b) Exercise the power of initiative by submitting to the
Election Board a petition of at least one-third (13) of
the members of the General Council, setting forth a
proposed ordinance or resolution. Upon verification of
the petition by the Election Board, the proposed
ordinance or resolution shall be submitted by the
Election Board to a vote of a two-thirds (23) majority
of those actually voting shall be conclusive and binding
on the Tribal Council, at an election in which at least
thirty percent (30) of those qualified to vote shall have
voted.
(c) Exercise the power of referendum by submitting to
the Election Board a petition of at least one-third (13)
of the members of the General council, setting forth any
proposed or previously enacted ordinance or resolution
of the Tribal Council for reconsideration by the General
Council. Upon verification of the petition by the
Election Board, the proposed or previously enacted
ordinance or resolution shall be submitted by the
Election Board to a vote of the General Council at a
regular or special election to be held within sixty (60)
days of said verification. The vote of a two-thirds (23)
majority of those actually voting shall be conclusive and
binding on the Tribal Council, in an election at which at
least thirty percent (30) of those qualified to vote shall
have voted.
(d) Exercise the power of recall of elected tribal
officials who are guilty of improper conduct or gross
neglect of duty, which terms shall be denied in the
election ordinance, by submitting to the Election Board
a petition of at least one-third (13) of the General
Council, setting forth the basis for recall. Upon verifica
tion of the petition by the Election Board, the Election
Board shall call a special election to consider the recall
of the elected tribal official named in the petition. The
election shall be held within 30 (30) days of verification
of the petition by the Election Board; provided, that if
the petition is submitted within six (6) months of the
next annual election, the Election Board may direct that
the matter be placed on the ballot for that election. The
accused tribal officials shall be given full opportunity to
reply to any and all charges at a General Council
meeting called at least five (5) days in advance of the
election. If a two-thirds (23) majority of those actually
voting at the recall.l election favor the recall of the
elected official, the office shall be declared vacant and
filled in accordance with Article VI, Section 6, so long as
at least thirty percent (30) of those qualified to vote
shall have voted.
(e) Amend this Constitution by submitting to the
Secretary of the Interior pursuant to his regulations a
petition of at least one-third (13) of the members of
the General Council, setting forth the section(s) of this
Constitution to be amend and the proposed
amendments(s). Upon verification of the petition by the
Secretary of the Interior, it shall be the duty of the
Secretary of the Interior to authorize the calling of an
election to consider amendments to the Constitution, in
accordance with regulations as set forth by the Secretary
of the Interior. The affirmative vote of a two-thirds (2
3) majority of those actually voting shall be conclusive,
so long as at least thirty percent (30) of those qualified
to vote shall have voted; provided, that nothing in this
section shall prevent the Tribal Council from submitting
proposed amendments to the Secretary of the Interior
pursuant to Article III, Section I of this Constitution.
Provided further, that amendments to this Constitution
shall not become effective until approached by the
Secretary of the Interior.
(f) Make advisory recommendations to the Tribal
Council upon a majority vote of those actually voting.
(g) Exercise those powers over fundamental changes in
the Tribe's jurisdiction, reservation or rights, set forth in
Section 2 of Article III.
(h) Exercise the power over adoption procedures set
forth in Article V, Section 4 of this Constitution.
Sec. 2. Procedures. The General Council shall hold
meetings in accordance with the following procedures:
(a) Regular meetings of the General Council shall be
held during the months of September, October, Novem
ber, December, January, February, March, April and
May, at a time and place to be set by the Tribal Council.
The September as provided in Article VI, Section 5.
(b) Special meetings of the General Council may be
called by the Tribal Council upon one (1) week's notice
of the membership of the General Council. The Tribal
Council may call such meetings upon its own motion,
but it must call such a meeting upon presentation of a
properly verified petition signed by one-third (13) or
more of the General Council of the Confederated Tribes
of the Grand Ronde Community of Oregon.
(c) The agenda for General Council meetings shall be
set by the Tribal Council; provided, that any member
may submit in writing items to the Tribal Council for
consideration for the agenda, and; provided further, that
each agenda shall include time for discussion of items
from the floor regardless of whether said items appear
on the agenda.
(d) The Tribal Council Chairperson shall clear General
Council meetings.
(e) A quorum of the General Council shall consist of
thirty (30) members of the General Council. Matters of
business be decided by a majority vote, except as
otherwise required by this Constitution.
(f) Procedures for exercising the General Council
powers in Article II, Sections 1(b), 1(c), 1(d) and 1(e)
shall be set forth by tribal ordinance duly enacted by the
Tribal Council; provided, that said procedures shall not
be in conflict with any provisions of this Constitution or
regulations of the Secretary of the Interior.