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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (April 15, 2001)
APRIL 15, 2001 Smoke Signals 9 FREE NEIGHBORHOOD WORKSHOPS Naturescaping for Clean Rivers Learn how to protect the salmon in your own yard. Several Naturescaping for Clean Rivers workshops will be held in the Portland metropolitan this spring. The workshops focus on natural land scapes and water-friendly gardening practices. A naturescaped yard pro tects water quality, conserves water and prevents erosion. Naturescaping also saves time and effort, costs less and benefits wildlife. SATURDAY, APRIL 28 9 a.m. -1 p.m. Clackamas County Sunnybrook Service Center 9101 S.E. Sunnybrook Blvd CLACKAMAS Clackamas River Watershed (Hosted by Water Environment Services of Clackamas County) D SUNDAY, MAY 20 1 p.m. - 5 p.m. Mittleman Jewish Community Center 6651 SW Capitol Highway PORTLAND Fanno Creek Watershed (Hosted by Mittleman Jewish Community Center) SATURDAY, MAY 5 D 9 a.m. -1 p.m. Location to be announced. S.E. PORTLAND Johnson Creek Watershed (Hosted by Johnson Creek Watershed Council) SATURDAY, MAY 12 9 a.m. -1 p.m. -Tualatin Community Park' Senior Center 8513 S.W. Tualatin Road u ,R TUALATIN I : Hedges Creek Watershed (Hosted by City of Tualatin) ., , SATURDAY, JUNE 2 9 a.m. -1 p.m. Tualatin Hills Nature Park Interpretive Center 15655 S.W. Millikan Blvd. BEAVERTON Beaverton Creek Watershed (Hosted by Tualatin Hills Park & Recreation District) Each participant receives a free workbook and a native plant to start their own natural garden. Advance registration is required. To register call 503-797-1842. More New Opinions on Tribal Web Page Judge English has rendered five more opinions that are now available on the Tribe's website in Tribal Court, Published Opinions. -TT Baker vs. Spirit Mountain Casino is a case involving a former em mJ ployee of Spirit Mountain Casino. The employee was terminated and appealed the termination to the Tribal Court. The Court issued an Order on October 28, 2000, remanding the matter to the Internal Review Board. Spirit Mountain then filed a request to have the Court's order clarified. The Court granted Spirit Mountain's request and clarified that Spirit Mountain's Employee Handbook by itself was enough to entitle the employee to due process. The clarification had no impact on the Court's previous ruling and the case was" still sent back to the Internal Review Board for further proceedings. ?H Contreras vs. Confederated Tribes of Grand Ronde is a case involv mf ing a former employee of the Tribe. The employee was terminated and her termination was upheld after a hearing in front of an Internal Review Board. The employee then filed a Petition for Review of Final Employment Decision with the Tribal Court under the Tribe's Employ ment Action Review Ordinance. The Court found that the Tribe had lawful reasons to terminate the employee's employment with the Tribe and that the employee's request for Family Medical Leave under the Fam ily Medical Leave Act did not cancel out the Tribe's reasons for termina tion. The employee was unable to show that her termination was a result of her request for leave. TXMoreland vs. Spirit Mountain Casino is a case involving a former !r employee of Spirit Mountain Casino. The employee was terminated and filed a Petition for Review of Final Employment Decision with the Tribal Court under the Tribe's Employment Action Review Ordinance. The Court found that Spirit Mountain's decision to termination employee's employment was reasonable and based on substantial evidence. Jh Younce vs. Spirit Mountain Casino is also a case involving a former W employee of Spirit Mountain Casino. The employee was terminated and filed a Petition for Review of Final Employment Decision with the Tribal Court under the Tribe's Employment Action Review Ordinance. The Court found that Spirit Mountain's decision to terminate employee's employment was not arbitrary and capricious or an abuse of discretion. In the matter of B.A. & C.A. is an Indian Child Welfare case and V&r therefore the names of the parties are kept confidential. The ini tials are letters that were chosen by Court staff and are not the actual initials of the children involved. The mother of the children in this case is prepared to relinquish her parental rights and free her children for adop tion. The mother's attorney requested to have the mother appear at the hearing over the telephone and sign the documents in front of her attor ney, an Indian Child Welfare caseworker and a notary public. The Court found that a relinquishment of parental rights to an Indian child must be executed in the presence of the Tribal Court Judge. "Ixr.i - r,..i M ;v !1M '--MM- Proposed Amendments to Tribal Government Organization and Procedures Ordinance The Tribal Council in consultation with the Tribal Attorney's office has proposed the following amendment to the Tribal Government Organiza tion and Procedures Ordinance. Subsection (d)(4) is amended to read as follows: General Council meetings are a place where the Tribal government can share information that affects the Tribal membership and where the Tribal Council can learn what is on the membership's mind. Comments from the membership on issues of significance to the Tribe are encouraged. The views of everyone should be respected and everyone should have an opportunity to speak. Meetings shall be conducted in accordance with the Tribe's Consti tution and the following procedures. (A) All speakers are encouraged to address issues of a general nature af fecting the whole Tribe. Issues that are exclusively personal in nature should be brought to the Tribal Council by calling the elected Tribal Coun cil Secretary and scheduling a meeting with one of the Tribal Council com mittees. (B) Persons addressing the General Council shall speak in a civil manner. People should be an example for the next generation and others who look to the General Council for guidance. No person or group shall be permit ted to make personal attacks or to disrupt any meeting of the General Council. Any person making personal attacks or interrupting a meeting shall be instructed to cease by the Chairperson. If the person fails to im mediately cease from making personal attacks or disrupting the meeting, the person may be ejected from the meeting. (C) Issues that are not addressed on the agenda can be raised in "Other Business." (D) At the Chairperson's discretion, comment cards may be distributed to those attending the General Council meeting. (E) Persons desiring to speak at a meeting of the General Council shall obtain recognition from the Chairperson before speaking. The General Council recognizes the honored position of Tribal elders and elders shall be permitted to speak before others. If microphones are being used, a speaker must use a microphone. All speakers must begin by stating his or her name and roll number. (F) No person shall speak to the General Council for more than five (5) minutes on any agenda item. In Other Business, a person may initially speak for no more than five (5) minutes. Before adjourning, the Chairper son shall ask if there is anyone else who wishes to speak. If the only person who asks to be recognized has already addressed the General Council during Other Business, the Chairperson may recognize that person and he or she may speak for five (5) additional minutes. In no event shall anyone speak for more than ten (10) minutes in Other Business. If the Chairperson determines that an elder is having difficulty speaking, the Chair may grant up to three (3) additional minutes for the elder to com plete his or her statement. The Chairperson will let each speaker know when he or she has one (1) minute of time remaining. (G) At the end of the speaker's five (5) minutes, the Chairperson will state that the speaker's time has expired and the speaker must give the micro phone to the next speaker recognized by the Chairperson. (H) Persons speaking are not to be interrupted except for clarification. If a speaker asks a question during his or her five (5) minutes, the Chairper son, or someone recognized by the Chairperson, may respond but the re sponse shall count against the speaker's five (5) minutes. (I) The Chairperson may respond briefly to a statement made by a mem ber of the General Council or request another Tribal official to respond briefly. (J) When program reports are presented by a Division of Tribal govern ment or by a Tribal enterprise, the presenter may invite questions about the presentation. The Chairperson shall recognize speakers with their questions and the procedures set forth above shall be followed. (K) The General Council may make advisory recommendations to the Tribal Council by majority vote of those actually voting. (L) Roberts Rules of Order shall govern the deliberations of the General Council except when in conflict with any of the forgoing procedures. The first reading of the amendment to the Tribal Court Ordinance was presented at the February 28, 2001 Tribal Council meeting. The purpose of the amendment is to set forth procedures for membership comments during General Council meetings. The Tribal Council believes this amendment will improve General Council procedures by fostering an atmosphere of mutual respect and by affording more Tribal members with the opportunity to share what is on the membership's mind. For a full copy of the Ordinance and proposed amendments, please contact the Tribal Attorney's office at 503-879-2265. Tribal Council invites com ment 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 May 15, 2001.