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