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.