4 AUGUST 1, 2002
Smoke Signals
Wednesday,
11:04 a.m. Meeting was called to order by Tribal Council Chair
Cheryle Kennedy. A quorum was present.
Present were Val Grout, Bob Haller, Kennedy, a Tribal Council
member, Ed Larsen, the Vice Chair, Ed Pearsall, Jan D. Reibach
and the secretary.
Grout moved, the Vice Chair seconded to approve the June 19,
2002 Tribal Council meeting minutes as submitted. Motion car
ried 7-0-1. Pearsall abstained.
Reibach moved, the secretary seconded to approve the June 26,
2002 Special Tribal Council meeting minutes as submitted. Motion
carried 7-0-1. Pearsall abstained.
NEW BUSINESS
FINANCE DIVISION
D Commerce Bank Line of Credit. Grout moved, Larsen sec
onded to adopt Resolution No. 112-02 approving the continuation
of the Commerce Bank Line of Credit as presented by the Finance
Officer. Motion carried 8-0-0.
D Commerce Bank Line of Credit Extension of Maturity Date.
The Vice Chair moved, Larsen seconded to adopt Resolution No.
113-02 approving the extension of the Maturity Date of the Com
merce Bank Line of Credit as presented by the Finance Officer. Mo
tion carried 8-0-0.
TRIBAL ATTORNEY'S OFFICE
D Budget and Appropriations Ordinance Amendment first
reading. Tribal Council made the first reading of the amendments
to the Tribe's Budget and Appropriations Ordinance. Kennedy said
the amendments are available for written comments. A copy of the
proposed amendments can be obtained from the Tribal Attorney's
Office, and notice will be published in the Smoke Signals.
D Procurement Ordinance first reading. Tribal Council made
the first reading of the Tribe's new Procurement Ordinance.
Kennedy said the proposed Ordinance is available for written com
ments. A copy of the proposed Ordinance can be obtained from the
Tribal Attorney's Office, and notice will be published in the Smoke
Signals.
D Fiscal Management Ordinance Amendment first reading.
Tribal Council made the first reading of the amendments to the
Tribe's Fiscal Management Ordinance. Kennedy said the amend
ments are available for written comments. A copy of the proposed
amendments can be obtained from the Tribal Attorney's Office, and
notice will be published in the Smoke Signals.
TRIBAL GOVERNMENT,
MANAGEMENT & BUDGET COMMITTEE
B Pow-wow Committee Appointment. Pearsall moved, Reibach
seconded to adopt Resolution No. 114-02 approving the appoint
ment of Twyla E. Ferdig to the Tribe's Pow-wow Committee, for a
term expiring March 2003. Motion carried 8-0-0.
D Hearings Officer Selection and Contract. Grout moved, the
Vice Chair seconded to adopt Resolution No. 115-02:
1) appointing Judge Jim Bow en as the hearings officer for the
ethics hearing involving Jan Denton Reibach;
2) approving the proposed services contract with Judge Bowen;
and
3) approving the limited waiver of sovereign immunity in the
contract for claims Judge Bowen may bring in Grand Ronde
Tribal Court for recovery of amounts due under the contract.
Discussion followed. Motion carried 6-0-2. Reibach and
Pearsall abstained.
D Hearings Officer Selection and Contract. A Tribal Council
member moved, Reibach seconded to adopt Resolution No. 116
02: 1) appointing Judge Mary Pearson as the hearings officer for
the ethics hearing involving the Vice Chair;
2) approving the proposed services contract with Judge
Pearson; and
3) approving the limited waiver of sovereign immunity in the
contract for claims Judge Pearson may bring in Grand Ronde
Tribal Court for recovery of amounts due under the contract.
Discussion followed. Motion carried 6-0-2. The Vice Chair
and Pearsall abstained.
Hearings Officer Selection and Contract. Grout moved, Larsen
seconded to adopt Resolution No. 117-02:
1) appointing Fawn Sharp as the hearings officer for the ethics
hearing involving Jan Michael Reibach;
2) approving the proposed services contract with Ms. Sharp;
and
July 3, 2002
3) approving the limited waiver of sovereign immunity in the
contract for claims Ms. Sharp may bring in Grand Ronde Tribal
Court for recovery of amounts due under the contract. Discus
sion followed. Motion carried 6-0-2. Reibach and Pearsall
abstained.
D Hearings Officer Selection and Contract. Reibach moved, the
secretary seconded to adopt Resolution No. 118-02:
1) appointing Fawn Sharp as the hearings officer for the ethics
hearing involving Bob Haller;
2) approving the proposed services contract with Ms. Sharp;
and
3) approving the limited waiver of sovereign immunity in the
contract for claims Ms. Sharp may bring in Grand Ronde Tribal
Court for recovery of amounts due under the contract. Discus
sion followed. Motion carried 6-0-2. Haller and Pearsall
abstained.
D AON Consulting Engagement. A Tribal Council member moved,
Grout seconded to adopt Resolution No. 119-02 approving the en
gagement of AON Consulting to perform actuarial studies at a cost
of $21,000 as presented by the Finance Officer; engagement letter to
be signed by Finance Officer or designee or council officer. Funds
are available in the Contingency Budget. Motion carried 8-0-0.
LEGISLATIVE COMMITTEE
Veterans' Memorial Construction. Reibach moved, the Vice
Chair seconded to adopt Resolution No. 120-02 approving the al
location of $100,000 from within the existing capital projects budget
to the Veterans' Memorial for the construction of the Veterans' Me
morial; and authorize the General Manager with the assistance of
the Tribal Attorney to negotiate and finalize construction contracts
for the project. Motion carried 8-0-0.
D Hearings Officer Selection and Contract. The secretary moved,
Reibach seconded to adopt Resolution No. 121-02:
1) appointing Judge Mary Pearson as the hearings officer for
the ethics hearing involving Tribal Attorney Rob Greene;
2) approving the proposed services contract with Judge Pearson;
and
3) approving the limited waiver of sovereign immunity in the
contract for claims Judge Pearson may bring in Grand Ronde
Tribal Court for recovery of amounts due under the contract.
Discussion followed. Motion carried 7-0-1. Pearsall ab
stained. D 401(k) Plan Amendments. Pearsall moved, Grout seconded to
adopt Resolution No. 122-02 approving amendments to the 401(k)
Plan ("Plan") to allow loans in certain hardship circumstances as
recommended by the 401(k) Plan Trustees. Council member Larsen
amended his committee vote from "no" to "yes." Motion carried 8-0-0.
D Tribal Governmental Corporations Ordinance Amendments.
Grout moved, Reibach seconded to adopt Resolution No. 123-02
amending the Tribal Governmental Corporations Ordinance to up
date the provisions for corporate governance including:
(1) clarifying that Tribal Council meetings may serve as share
holder meetings when applicable;
(2) providing for presentation of corporate budgets to Tribal
Council for comment;
(3) requiring adoption of certain policies and procedures by cor
porations; (4) providing that corporate legal representation is to be handled
through the Tribal Attorney's Office; and
(5) requiring corporations to provide certain financial reports
to Tribal Council or its designee. Motion carried 8-0-0.
OTHER BUSINESS
A Tribal member had the following concerns:
B Maintenance issues at the Tribal Health and Wellness Facility.
Sited examples. Cliff Adams, General Manager, will address these.
B Administrative leave for employees of the Health and Wellness
Facility. Kennedy responded by explaining the Health Authority
Board is authorized to conduct business at the clinic.
B Liability to Tribe during employee's administrative leave. Tribal
Attorney Rob Greene responded by explaining in what circum
stances the Tribe might be liable for an employee's conduct.
B Alleged usage of Tribal Vehicles after hours for personal usage.
Cliff Adams, General Manager, and Larry Kovach, Finance Officer,
will address the allegations.
B Complaints raised by Tribal Council member Pearsall.
11:48 a.m. Haller moved, Grout seconded to adjourn the meet
ing. Motion carried.