4 NOVEMBER 15, 2002
Smoke Signals
Wednesday, October 9, 2002
5: 12 p.m. Meeting was called to order by Tribal Council Chairwoman Cheryle
Kennedy. A quorum was present.
Present were Val Grout, Bob Haller, Chereyle Kennedy, Ed Larsen, Reyn
Leno, Jan D. Reibach, Valorie Sheker-Robertson, and June Sell-Sherer. Ex
cused was Ed Pearsall (excused).
Invocation was done by Jan D. Reibach, Tribal Council member.
PREVIOUS MINUTES APPROVE & AMEND
Reyn Leno moved, Jan D. Reibach seconded to approve the September 25,
2002 Tribal Council meeting minutes as presented. Motion carried 7-0-0.
NEW BUSINESS
TRIBAL GOVERNMENT,
MANAGEMENT & BUDGET COMMITTEE
Mid-Willamette Valley Council of Governments (MWVCOG). Jan D.
Reibach moved, Val Grout seconded to adopt Resolution No. 162-02 appoint
ing Valorie Sheker-Robertson to Mid-Willamette Valley Council of Government
Board of Directors to replace out-going Tribal Council member, Butch LaBonte.
Motion carried 6-0-1. Valorie Sheker-Robertson abstained.
Appointment to Mid-Willamette Area Commission on Transporta
tion (MWACT). Val Grout moved, Ed Larsen seconded to adopt Resolution
No. 163-02 appointing Valorie Sheker-Robertson to Mid-Willamette Area Com
mission on Transportation to replace out-going Tribal Council member, Butch
LaBonte. Discussion followed. Motion carried 6-0-1. Valorie Sheker
Robertson abstained.
DOJ Tribal Youth Program Grant Award Acceptance. Reyn Leno
moved, Val Grout seconded to adopt Resolution No. 164-02 approving the ac
ceptance of a U.S. Department of Justice $499,998 Tribal Youth Program Grant
award for three years of juvenile delinquency prevention and control funding at
$166,666 a year including full Indirect and no matching funds and providing for
a full-time Youth Prevention Specialist, a part-time Alcohol & Drug Youth Spe
cialist and a Summer Youth Activities Intern. Discussion followed. Motion
carried 7-0-0.
Property Purchase. June Sell-Sherer moved, Ed Larsen seconded to adopt
Resolution No. 165-02:
(1) approving an agreement for the purchase of real property in Grand
Ronde, and personal property located thereon, as presented by Natural
Resources department staff;
(2) authorizing the General Manager, with the assistance of the Tribal
Attorney, to finalize and execute said agreement; and
(3) approving the limited waiver of sovereign immunity contained in said
agreement, which waiver is limited to disputes directly arising out of the
agreement, arbitration of said disputes in accordance with the agreement,
and enforcement there of in the Tribal Court of the Confederated Tribes of
Grand Ronde. Discussion followed. Motion carried 7-0-0.
U.S. Forest Service Research Grant. Jan D. Reibach moved, Reyn Leno
seconded to adopt Resolution 166-02:
(1) approving an agreement with the Forest Service to receive a grant to
research the development of cooperative agreements between tribes and
the federal government;
(2) authorizing the Tribal Council Chairwoman, with the assistance of the
Tribal Attorney, to negotiate and execute said agreement; and
(3) waiving the Tribe's indirect costs for the grant. Motion carried 7-0-0.
Council Culture Committee. Valorie Sheker-Robertson moved, Jan D.
Reibach seconded to adopt Resolution No. 167-02, pursuant to Section (n) of
the Tribal Council Ordinance, designating of a Council Culture Committee to
study and make recommendations to the council on issues, requests, and other
matters which the council may consider pertaining to Tribal culture. The Council
Culture Committee will be in addition to the other council committees, which
include the Economic Development Committee, the Education Committee, the
Health & Community Services Committee, the Legislative Committee, the Re
sources Committee, and the Tribal Government, Management and Budget Com
mittee. Discussion followed. Motion carried 7-0-0.
RESOURCES & EDUCATION COMMITTEE
Fiscal Management Ordinance Amendments. Bob Haller moved, Valorie
Sheker-Robertson seconded to adopt Resolution No. 168-02 approving amend
ments to the Fiscal Management Ordinance which, among other things, in
clude: (1) a provision creating the position of Finance Officer ("FO") and desig
nating the,FO as the Tribe's primary financial executive with financial
oversight responsibility for all Tribal Divisions and Tribal Governmental
Corporations; and
(2) provisions setting forth the responsibilities of the FO. Discussion fol
lowed. Motion carried 6-0-0. Council member Ed Larsen not present
when the vote was taken.
Procurement Ordinance. June Sell-Sherer moved, Reyn Leno seconded to
adopt Resolution No. 169-02 enacting the Tribal Procurement Ordinance
which, among other things, shall:
(1) govern expenditures of Tribal monies by the Tribe for the procurement
of Goods and Services as those terms are defined in the Ordinance;
(2) govern the Tribe's expenditure of state and federal funds for the pro
curement of Goods and Services unless the laws, regulations, or other
rules governing the expenditure of such state and federal funds provide
otherwise;
(3) establish a Procurement Office within the Finance department of Tribe;
(4) provide for a Procurement Manager with administrative oversight of
the procurement office and responsibility for, among other things, devel
oping a Procurement Manual which governs the procurement of Goods
and Services; and
(5) encourage cooperative agreements with Tribal Governmental Corpora
tions for the joint purchase of Goods and Services if aggregate savings to
the Tribe can be achieved. Discussion followed. Motion carried 7-0-0.
Executive Management Ordinance first reading. Tribal Council autho
rized the first reading of amendments to the Executive Management Ordinance
which amendments
(1) substitute the term General Manager for Executive Officer and
(2) clarify the General Manager's responsibilities by more clearly identify
ing which divisions, departments, committees, etc. the General Manager
is responsible for overseeing and by deleting duties that fall under the
Finance Officer's responsibilities. Discussion followed.
LEGISLATIVE COMMITTEE
ENROLLMENT
B Infant Determination Applications Approval. June Sell-Sherer moved,
Valorie Sheker-Robertson seconded to adopt Resolution No. 170-02 approving
Tribal membership for minors numbered 5271 through 5273 because, based on
the investigation and recommendation of the Enrollment Staff, the minors meet
the enrollment requirements under the Constitution and the Enrollment Ordi
nance. Motion carried 7-0-0.
Infant Determination Denial. June Sell-Sherer moved, Jan D. Reibach
seconded to adopt Resolution No. 171-02 denying Tribal membership to baby
Jane Doe (enrollment application received 82702) because, based on the inves
tigation and recommendation of the Enrollment Staff, the baby does not meet
the enrollment requirements under the Constitution and the Enrollment Ordi
nance. Motion carried 7-0-0.
Council member Valorie Sheker-Robertson under "Other Business" stated that
she had voted yes mistakenly and her intent was to vote no on this resolution.
She requests the records be corrected to reflect a no vote. Full consensus was
given by Tribal Council to honor Ms. Robertson's request. Therefore, the mo
tion to adopt Resolution No. 171-02 carried by a vote of 6-1-0.
Infant Determination Denial. Bob Haller moved, Val Grout seconded to
adopt Resolution No. 172-02 denying Tribal membership to baby Jane Doe
(enrollment application received 91902) because, based on the investigation
and recommendation of the Enrollment Staff, the baby does not meet the enroll
ment requirements under the Constitution and the Enrollment Ordinance.
Motion carried 6-1-0.
Council member Valorie Sheker-Robertson under "Other Business" stated that
she had voted no mistakenly and her intent was to vote yes on this resolution.
She requests the records be corrected to reflect a yes vote. Full consensus was
given by Tribal Council to honor Ms. Robertson's request. Therefore, the mo
tion to adopt Resolution No. 172-02 carried by a vote of 7-0-0.
Intra-Fund Loan From Minor's Custodial Trust Fund to General Fund. Reyn
Leno moved, Jan D. Reibach seconded to adopt Resolution No. 173-02
(1) approving the Intra-Fund Loan between the Minor's Custodial Trust
Fund to the General Fund to finance the sale of property located in Keizer,
Oregon as presented and recommended by the Finance Officer, and
(2) authorizing the Finance Officer to prepare, with the assistance of the
Tribal Attorney's Office, and execute documents necessary to implement
the Intra-Fund Loan and to take such other action as the Finance Officer
may deem necessary and appropriate in his or her discretion to imple
ment the Intra-Fund Loan consistent with the resolution. Discussion
followed. Motion carried 7-0-0.
ECONOMIC DEVELOPMENT COMMITTEE
Legal Aid Services of Oregon (LASO) Contract. Val Grout moved, Jan D.
Reibach seconded to adopt Resolution No. 174-02
(1) terminating the Tribe's contract with Legal Aid Services of Oregon
(LASO) pursuant to the letter agreement of October 26, 2001, and
(2) authorizing the Tribal Attorney to transmit notice of the Tribe's termi
nation of the contract to LASO. Motion carried 7-0-0.
ANNOUNCEMENTS
H Tribal Council member Val Grout announced that Dorothy Lane (Lafferty), a
Tribal Elder, is recovering from major surgery. Let us remember her in our prayers.
OTHER BUSINESS
A Tribal member raised concerns regarding the usage of the Tribal gymna
sium. Cliff Adams, General Manager, will research the matter and report back
to Tribal Council at the next General Manager update. The Tribal member
asked for clarification on the Council Committees and General Committees.
Discussion followed.
B A Tribal member raised concerns over services the lack of assistance she was
receiving from the Tribe's Social Services department. Discussion followed.
After limited discussion, Chairwoman Kennedy suggested that the Tribal Coun
cil go into executive session as the issue being discussed were of a personal
nature. Jan D. Reibach moved to go into executive session and Ed Larsen sec
onded this motion. Motion carried 7-0-0.
Executive Session called at approximately 6:30 p.m. Regular Meeting
resumed at 6:50 p.m.
Chairwoman Kennedy asked whether there was any "Other Business."
6:53 p.m. Val Grout moved, Ed Larsen seconded to adjourn the meeting.
Motion carried.