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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (April 15, 2002)
4 APRIL 15, 2002 Smoke Signals Wednesday, March 6, 2002 5:05 p.m. Meeting was called to order by Tribal Council Vice Chair, Reyn Leno. A quorum was present. Excused: Cheryle Kennedy and Ed Pearsall. Jan D. Reibach moved, June Sell-Sherer seconded to approve the Feb ruary 20, 2002 council meeting minutes as submitted. Motion carried. Ed Larsen moved, Sell-Sherer seconded to amend the minutes of De cember 19, 2001, January 2, 2002, and January 30, 2002 as follows: re place "Meeting called to order by Vice Chair Leno" with "Meeting called to order by Chair Kennedy." Motion carried. NEW BUSINESS LEGISLATIVE COMMITTEE II Oregon State Bar Complaint Involving Terrence Kay. Bob Haller moved, Larsen seconded to authorize the Tribal Council Chair to file, on behalf of the Tribe, an ethics complaint against Terrence Kay with the Oregon State Bar and to publish a statement commenting on Mr. Kay's conduct at the February 20, 2002, Tribal Council meeting in Smoke Sig nals. See below statement, Exhibit 1. Discussion followed. Motion carried 6-0-0. At last Sunday's General Council meeting (March 2, 2002), Tribal mem ber Ken Gregg presented Tribal Council with a petition signed by a num ber of Tribal members. The petition addressed the conduct of Terrence Kay, attorney for council member Ed Pearsall, at the February 20, 2002 Tribal Council meeting. These Tribal members requested that Mr. Kay submit a written apology to the Tribe and the Tribal Council members for his actions at the council meeting and that if an apology is not provided, that Mr. Kay be banned from all Tribal properties. During the General Council meeting, several Tribal members stood and addressed the Tribal and General Council wanting to know, among other things, why Terrence Kay was allowed to make a statement, which many viewed as a threat against the Tribe, Tribal Council as a whole and some of the council members personally. They wanted to know why Mr. Kay was not removed from the Tribal Council meeting. On behalf of the Tribal Council, I would like to state our position on these issues. The Tribe has adopted Tribal Government Organization and Procedures and Tribal Council Ordinances which provide procedures for how Tribal council meetings are to be conducted. These Ordinances state that the council welcomes input from General Council, staff or guests present at meetings. They also provide that no one will be denied the opportunity to speak and that persons speaking are not to be interrupted except for clari fication. These meeting procedures reflect the Tribe's values to respect others by listening to them with courtesy, even if we do not agree with what is being said. We receive strangers and outsiders with an open heart and treat visitors with honor and consideration, which historically meant giv ing our best food, best blankets, best part of our homes and best service to our guests. Tribal Council believes that at our last Tribal Council meeting Mr. Kay was extended every courtesy. Unfortunately, not all visitors to our lands follow the same value system as the Tribe. The Tribal Government Organization and Procedures and Tribal Council Ordinances provide that persons voicing a complaint are to speak in a civil manner and that Tribal Council will not tolerate personal attacks on anyone. Mr. Kay's statements included threats of action against the Tribal Council and some of its members if a prior Tribal Council action was not vacated immediately at the very meeting where Mr. Kay was making his re marks. Mr. Kay stated that he would file ethics complaints against three council members and a new case in Tribal Court against the three indi vidual members and Tribal Council if the prior action imposing sanctions against council member Pearsall was not reversed. Although Mr. Kay did not make physical threats against members of council and couched his statement as raising ethical concerns, we believe his behavior crossed the line between acceptable behavior and inappropriate conduct. He abused the hospitality and respect that was provided to him. His behavior stands in stark contrast with the values honored by this Tribe, including show ing special respect to Elders and community leaders, speaking in a soft voice, especially when you are with Elders, strangers or others who should be respected, and respecting the wisdom of the people on council. Tribal Council believes it represented the Tribe well by showing cour tesy to Mr. Kay as a representative of one of our Tribal members and as a visitor to our meeting. However, this does not mean that the Tribal Council will allow such disrespectful conduct to stand without comment. Mr. Pearsall's grievances will be reviewed by the Tribal Court through the appeal process provided under the Tribal Ethical Standards Ordinance. As for Mr. Kay's personal conduct, the Tribal Council will vote tonight to authorize me on behalf of the Tribe to file an ethics complaint against Mr. Kay with the Oregon State Bar, which regulates attorneys in the State of Oregon. In this Council Chamber we will respect each other and your Tribal Council will set the example. But, when the values of the Tribe are so ignored, as they were by Mr. Kay, we will redress that violation of our values in a manner consistent with the dignity of this council. RESOURCES AND EDUCATION COMMITTEE B EPA 106 Water Quality Grant Application. Reibach moved, Val Grout seconded to adopt Resolution No. 041-02 approving the submis sion of an annual grant application to the U.S. Environmental Protection Agency to support Tribal water quality work. Grant funds will be used to conduct stream surveys, assess non-point sources of pollution on Tribal lands and prepare a non-point source pollution control plan. Motion carried 6-0-0. D 401 (k) Profitsharing Plan. Grout moved, Haller seconded to adopt Resolution No. 042-02 authorizing the Trustees to change Plan Admin istrators as presented, and to negotiate, with assistance of the Tribal At torney and execute documents necessary to complete the change in Plan Administrators; and to approve the change in Plan administration policy as presented by the Trustees for participant self-direction of employer and employee plan contributions. Motion carried 6-0-0. H Procurement Department Budget Increase. Reibach moved, Haller seconded to adopt Resolution No. 043-02 approving of additional fund ing for the Procurement Department. Funds will be used for equipment, temporary staff and other costs to perform organization wide physical inventory. Funding is available in the Contingency Budget. Motion carried 6-0-0. TRIBAL GOVERNMENT, MANAGEMENT & BUDGET COMMITTEE D Education Committee Reappointments. Sell-Sherer moved, Butch LaBonte seconded to adopt Resolution No. 044-02 approving the reap pointments for a two year term on the Education Committee for Marie Schmidt and Candy Robertson. Recommendation was made by the Edu cation Committee at their meeting held on February 26, 2002, to reap point the two committee members. Motion carried 6-0-0. OTHER BUSINESS B A Tribal member asked if the Tribal Community meetings could be held on the weekends. Council Vice Chair Leno advised that in the past there has not been a noticeable difference in attendance between meetings held on weekdays and weekends. The CY2002 Community meetings are set for Tuesday, April 16, 2002 in Eugene, Thursday, April 18, 2002 in Port land, and in Grand Ronde on Tuesday, April 30, 2002. 5:25 p.m. Grout moved, Larsen seconded to adjourn the meeting. Motion carried. Tribal Youth Paint Tiles For New Education Building
