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About Smoke signals. (Grand Ronde, Or.) 19??-current | View Entire Issue (June 15, 2003)
4 JUNE 15, 2003 Smoke Signals Wednesday, April 16 4:00 p.m. Meeting was called to order by Tribal Council Chairwoman Cheryle Kennedy. A quorum was present. Present was Val Grout, Bob Haller, Cheryle Kennedy, Ed Larsen, Reyn Leno, Ed Pearsall, Valorie Sheker-Robertson and June Sell-Sherer. Excused was Jan D. Reibach. Invocation was done by Val Grout, Tribal Council member. PREVIOUS MINUTES APPROVE & AMEND H Reyn Leno moved, Valorie Sheker-Robertson seconded to approve the April 2, 2003, council meeting minutes as presented. Motion carried 7-0-0. NEW BUSINESS LEGISLATIVE ACTION COMMITTEE EPA 106 Water Quality Grant. Reyn Leno moved, Ed Larsen sec onded to adopt Resolution No. 087-03 approving the submission of the EPA 106 Water Quality Grant to continue to fund the Tribal Water Qual ity Program. Motion carried 7-0-0. Natural Resources Equipment Shed. Ed Pearsall moved, Reyn Leno seconded to adopt Resolution No. 088-03 authorizing the reallocation of $45,400 from the Tribal Engineer's Capital Improvements Calendar Year 2003 budget for construction of an equipment shed in lieu of paving the Natural Resources Parking Lot. Motion carried 7-0-0. Rodeo Special Event Board Appointments and Approval of By laws. Val Grout moved, Ed Larsen seconded to adopt Resolution No. 089-03: (1) reconstituting the Rodeo Committee as a special event board un der the General Committee and Special Event Board Ordinance; (2) appointing the following people to the Rodeo Special Event Board: Marvin Kimsey for a term expiring on December 31, 2004, Dale Lan gley for a term expiring on December 31, 2004, Bud White for a term expiring on December 31, 2004, Harold Lyon for a term expir ing on December 31, 2003, Norris Merrill for a term expiring on De cember 31, 2003, and Shonn Leno for a term expiring on December 31, 2003; and (3) approving the Bylaws of the Board. Motion carried 6-0-1. Reyn Leno abstained. Enrollment Infant Determination Approvals. Ed Pearsall moved, Valorie Sheker-Robertson seconded to adopt Resolution No. 090-03 ap proving three (3) infants numbered 5311, 5312, and 5313 for Tribal mem bership and the addition of their names to the official membership roll, because, based on the investigation and recommendation of the Enroll ment staff, the infants meet the qualifications outlined in the Enrollment Ordinance and Tribal Constitution. Motion carried 7-0-0. Compensation of Spirit Mountain Gaming, Inc.'s General Man ager. Reyn Leno moved, Val Grout seconded to adopt Resolution No. 091-03 approving the salary of Doug Pattison, General Manager of Spirit Mountain Gaming, Inc., as recommended by Spirit Mountain Board of Directors. Motion carried 7-0-0. B Ball Janik Settlement. Ed Pearsall moved, Valorie Sheker-Robertson seconded to adopt Resolution No. 092-03 approving the terms of settle ment, as presented by the Finance Officer, with Ball Janik regarding of Cherry City, LLC Cash Collateral held in Ball Janik's trust account and the Tribe's objection to payment of Ball Janik's attorney's fees in Bank ruptcy Court and authorizing the Finance Officer to finalize, with the assistance of the Tribal Attorney's Office, and execute a settlement agree ment, reflecting such terms. Motion carried 7-0-0. B Interfund Assignment of Paragon Deed of Trust and Loan Docu ments (Paragon Note) from Trust Revenue Fund to Gaming Fund. Bob Haller moved, Reyn Leno seconded to adopt Resolution No. 093-03 authorizing the Finance Officer to assign the Paragon Note currently al located to the Trust Revenue Fund to the Gaming Dividend Fund in ex change for the transfer from the Gaming Dividend Fund to the Trust Revenue Fund an amount equal to the Paragon Note principal and ac crued interest on the Paragon Note to the Trust Revenue Fund. This recommendation is made to remove this type of investment from the Trust Revenue Fund. Discussion followed. Motion carried 7-0-0. B Interfund Assignment of Peninsula Holdings No. 1 Deed of Trust and Loan Documents (Peninsula 1 Note) from Trust Revenue Fund to Gaming Dividend Fund. June Sell-Sherer moved, Valorie Sheker Robertson seconded to adopt Resolution No. 094-03 authorizing the Fi nance Officer to assign the Peninsula 1 Note currently allocated to the Trust Revenue Fund to the Gaming Dividend Fund in exchange for the Gaming Dividend Fund assumption of the line of credit debt underlying the Peninsula 1. Note: This recommendation is made to remove this type of investment from the Trust Revenue Fund. Motion carried 7-0-0. B Merger of Grand Ronde Industries, LLC, and Spirit Mountain Logistics, LLC. Ed Pearsall moved, Reyn Leno seconded to adopt Reso lution No. 095-03 approving the Plan of Merger of Spirit Mountain Lo gistics, LLC into Grand Ronde Industries, LLC, with Grand Ronde Indus tries, LLC's Operating Agreement surviving and the name of the merged entity to be Spirit Mountain Logistics, LLC. Motion carried 7-0-0. D Timber Committee Appointments. Valorie Sheker-Robertson moved, Ed Larsen seconded to adopt Resolution No. 096-03 appointing Connie Holmes and Larry Hofenbredl to fill two vacant positions on the Timber Committee, term to expire 12-31-04. Discussion followed. Motion car ried 7-0-0. B Spirit Mountain Water Treatment Plant Construction Contract. Bob Haller moved, Reyn Leno seconded to adopt Resolution No. 097-03: (1) approving an agreement with Schneider Equipment, Inc. for the construction of the Spirit Mountain water treatment plant in the amount of $681,100; (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 aris ing out of the agreement, arbitration of said disputes in accordance with the agreement, and enforcement thereof in the Tribal Court of the Confederated Tribes of Grand Ronde. Motion carried 7-0-0. ANNOUNCEMENTS B Council, for the record, noted its acceptance of Hearing Officer Judge Bowen's finding and conclusions in the ethic complaint brought against council member Jan D. Reibach by council member Ed Pearsall. There being no objections, Chairwoman Kennedy asked Secretary June Sell Sherer to read a summary of the findings and conclusions (see below). Chairwoman Kennedy advised that copies of the findings and conclusions are available in the Legal Department. Discussion followed. 4:33 p.m. Reyn Leno moved, Ed Larsen seconded to adjourn the meet ing. Motion carried. JAN D. REIBACH ETHICS MATTER B On April 3, 2003, we received Hearing Officer, Jim Bowen's Findings and Conclusions on the ethics complaint against council member, Jan D. Reibach. Copies of the decision are available upon request. Here is a brief summary of Hearing Officer Bowen's findings and conclusions. B Hearing Officer Bowen found that council member Reibach's vote on Reso lution No. 028-02 (by which the Council affirmed a seven month suspension of Ed Pearsall as recommended by the Hearings Officer) violated 275 (e)(2) of the Tribal Ethical Standards Ordinance because council member Reibach had a personal interest (arising from his blood relationship to Jan M. Reibach) in the matter and failed to disqualify himself from the vote on Resolution 028-02. B The Hearing Officer however, recommend that no sanction be imposed on council member Reibach because council member Reibach did not knowingly commit an ethics violation and all of the evidence supports the conclusion that council member Reibach acted innocently. More specifically, the Hearing Officer found that council member Reibach reasonably believed he was obli gated to vote because 1 ) he believed the council was not voting on Mr. Pearsall's guilt or innocence; and 2) he believed the council is obligated to impose the recommended sanction if the sanction is consistent with applicable law. The Hearing Officer also found that: Council member Reibach's vote on Resolution 028-02 was the only con duct reasonably giving rise to an allegation of ethical misconduct; and That each of the six allegations contained in council member Pearsall's Amended Ethics Complaint were completely without merit and were submit ted for harassment and other improper purposes. As a result of this finding, council member Pearsall is liable for council member Reibach's reasonable costs, including attorney's fees, to defend the claim and the cost of the Hear ings Officer. The former Ethical Standards Ordinance required the Tribal Council to accept the findings of fact and conclusion of the Hearings Officer. As the council is obligated to accept the findings of fact and conclusions, no further action is required and the council for the record notes the acceptance of these findings. Wednesday, April 30 5:00 p.m. Meeting was called to order by Tribal Council Vice Chair man Reyn Leno. A quorum was present. Present was Bob Haller, Ed Larsen, Reyn Leno, Jan D. Reibach, and Valorie Sheker-Robertson. Excused was Val Grout, Cheryle Kennedy, Ed Pearsall and June Sell-Sherer. Invocation was done by Jan D. Reibach, Tribal Council member. PREVIOUS MINUTES APPROVE & AMEND B Valorie Sheker-Robertson moved, Bob Haller seconded to approve the April 16, 2003, council meeting minutes as presented. Motion carried Actions continued on page 5
