Smoke signals., January 15, 2000, Page 12, Image 10

Smoke Signals
OPEN FOR COMMENT
Proposed Tribal Council Ordinance amendments
The Tribal Council in consultation with the Tribal Attorney's Office has proposed amending the Tribal Council
Ordinance to include the following provisions:
12
AUTHORITY TO INDEMNIFY '
(a) Except as provided in subsection (d), the Tribe may in its discretion in
demnify an individual who is made a party to a proceeding because of conduct
by the individual while he is or was a Tribal Council member against liability
for reasonable expenses of litigation, including, but not limited to, costs, any
judgment, and other reasonable costs of defense, incurred in the proceeding if:
(1) he conducted himself in good faith; and
(2) he reasonably believed:
(i) in the case of conduct in his official capacity with the Tribe, that his
conduct was in the Tribe's best interests; and
(ii) in all other cases, that his conduct was at least not opposed to the
Tribe's best interest; and
(3) he had no reasonable cause to believe that his conduct was unlawful.
(b) A Council member's conduct with respect to an employee benefit plan for
a purpose he reasonably believed to be in the best interests of the participants
in and beneficiaries of the plan is conduct that satisfies the requirement of
subsection (a)(2)(ii).
(c) The termination of a proceeding by judgment, order, settlement, convic
tion, or upon a plea of no contest or its equivalent is not, of itself, determinative
that the Council member did not meet the standard of conduct described in
this Section. - -
(d) The Tribe may not indemnify a Council member under this Section:
(1) in connection with a proceeding by or in the right of the Tribe in which
the Council member was adjudged liable to the Tribe; or
(2) in connection with any other proceeding charging improper behavior
under the Tribe's Ethics Ordinance in which he was determined to have
violated the Ethics Ordinance.
(e) The Tribe may pay for or reimburse the reasonable expenses incurred
by a Council member who is a party to a proceeding in advance of final dispo
sition of the proceeding if:
(1) the Council member furnishes the Tribe with a written affirmation of
his good faith belief that he has met the standard of conduct described in
(a) above;
(2) the Council member furnishes the Tribe with a written undertaking,
executed personally or on his behalf, to repay the advance if it is ulti
mately determined that he did not meet the standard of conduct; and
(3) a determination is made that the facts, then known to those making
the determination, would not preclude indemnification under this sub
chapter. (f) The undertaking required by subsection (e)(2) must be an unlimited gen
eral obligation of the Council member but need not be secured and may be
accepted without reference to financial ability to make repayment.
(g) Determinations and authorizations of payments under this Section shall
be made in the manner specified.
(h) The Tribe may not indemnify a Council member unless authorized in
the specific case after a determination has been made that indemnification of
the Council member is permissible in the circumstances because he has met
the standard of conduct set forth above. The Tribal Council must make this
determination by majority vote of a quorum consisting of Council members
not at the time parties to the proceeding. If a quorum of the Council cannot be
obtained under this subsection, then this determination shall be made by spe
cial legal counsel selected by majority vote of a quorum of the Council (in
which selection Council member who are parties may participate).
(i) Authorization of indemnification and evaluation as to reasonableness of
expenses shall be made in the same manner as the determination that indem
nification is permissible. ,
(j) Indemnification of officials, employees and agents.
(1) an official of the Tribe who is not a Council member is entitled to in
demnification to the same extent and in the same manner as a Council
member.
(2) in its discretion, the Tribe may also indemnify and advance expenses
to an employee, or agent of the Tribe who is not a Council member, consis
tent with public policy, by general or specific action of the Tribal Council or
by a contract approved by the Tribal Council. .
INSURANCE .
The Tribe may purchase and maintain insurance on behalf of an individual
who is or was a Council member, official, employee, or agent of the Tribe, or
who, while a Council member, official, employee, or agent of the Tribe, is or
was serving at the request of the Tribe as a director, officer, partner, trustee,
employee, or agent of another corporation, partnership, joint venture, trust,
employee benefit plan, or other enterprise, against liability asserted against or
incurred by him in that capacity or arising from his status as a director, officer,
employee, or agent, whether or not the Tribe would have the power to indem
nify him against the same liability under Section ( ). -
The first reading of the proposed amendments to the Tribal Council Ordi
nance was presented at the December 15, 1999, during the Tribal Council
meeting.
The purpose of the amendments is to authorize and enable the Tribal Council
to indemnify Council members and other officials of the Tribe for claims as
serted against them or losses incurred by them in connection with their status
as an official of the Tribe.
Tribal Council invites comment on the proposed amendments. Please send
your comments to the Tribal Attorney's Office, 9615 Grand Ronde Road, Grand
Ronde, OR 97347. Comments must be received by February 15, 2000.
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q Confederated Tribes of Grand Ronde
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Vocational Rehabilitation Program
We help people develop a vocational rehabilitation plan that matches their
J: For more information about the program:
J Call 1-800-775-0095, ext. 3098 or (503) 879-3098.
0 Phone numbers:
0 Patti Tom Martin, V.R. Program Manager
0 , (503) 879-3098 or 1-800-775-0095, ext. 3098
0 Celeste Wolf, V.R. Administrative Assistant
0 (503) 879-3095 or 1 -800-775-0095, ext. 3095
0 Jon George, V.R. Specialist
0
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5 What is C.T.G.R.V.R.P.? A program for eligible individuals who JJ
j! are interested in employmentself employment in an occupation that will
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0 interests, antitudes. and abilities. O
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0 Who is eligible? . O
0 1. An enrolled member of the Confederated Tribes of Grand Ronde. O
0 2. Resides within the Six County Service Area. O
0 3. Has a chemical, mental, physical, or medical condition that prevents O
Q them from obtaining, maintaining, or advancing in employment. Q
0 o
Q Furpose: The purpose of these services is to help people become q
q independent through employment. , q
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0 (Fridays Only) (503) 879-2156 or 1-800-775-0095, ext. 2156 O
0 (Portland Office) (503)239-8859 O
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UEGML (SeXSEiF 53SJOOS
IN THE TRIBAL COURT FOR THE CONFEDERATED TRIBES OF THE
GRAND RONDE COMMUNITY OF OREGON
In the Matter of: CHILDS
Petition For Change of Name Juvenile
Stefany J. Fry (Childs), Applicant by Tamera J. Childs, Petitioner
CASE NO.: C-99-11-001
ORDER TO SHOW CAUSE WHY APPLICANTS PETITION FOR CHANGE
OF NAME SHOULD NOT BE GRANTED
The Petitioner, Tamera J. Childs, on behalf of the Applicant, Stefany J. Fry
(Childs), a minor child, has petitioned the Court for a Change of Name for the
minor child. Applicant allegedly desires to change his or her name to Stefany J.
Childs, for the reason stated that: Applicant, through regular use, has become
known by the proposed name, and last name differs from the last name of the
parent. .
Based on the foregoing petition filed with the Court on November 9, 1999, and
good cause appearing therefor,
IT IS ORDERED THAT the Petitioner and any person objecting to the grant
ing of the petition shall appear in the Tribal Court of the Confederated Tribes of
the Grand Ronde Community of Oregon, located in the Governance Center, room
106 at 9615 Grand Ronde Road, Grand Ronde, Oregon, on February 18, 2000 at
11:00 a.m. to show cause why the Court should not enter judgement granting
the proposed change of name.
IT IS FURTHER ORDERED that any written response to this Order by any
party to this case shall be filed on or before Monday, February 7, 2000. The
Clerk of the Tribal Court shall cause a copy of this Order to be served upon all
parties in accordance with Rule 14 of the Rules of Pleading, Practice and Proce
dure of the Tribal Court of the Confederated Tribes of the Grand Ronde Commu
nity of Oregon and file proof of service with the Court on or before the date set for
hearing in this matter.
IT IS FURTHER ORDERED that the Petitioner shall cause a copy of this
Order to be published in the tribal newsletter at least 20 days prior to the date
set for hearing.
IT IS SO ORDERED THIS 4 DAY OF JAN., 2000.
Is Katharine English, Chief Tribal Court Judge