NOVEMBER 1, 2003
Smoke Signals 5
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Bike Lanes. Jan D. Reibach moved, Reyn Leno seconded to adopt Resolution
No. 175-03:
1) authorizing a grant application to HUD for $500,000 in Indian Com
munity Development Block Grant (ICDBG) funding for widening Grand
Ronde Road and for sidewalks and bike lanes;
2) committing $167,046 in "matching funds" for this project from the
Tribe's annual Bureau of Indian Affairs (BIA) road construction formula
funding connecting Tribal housing subdivisions and the main campus
along Grand Ronde Road;
3) allocating another $869,934 from this BIA formula to extend this project
south past the middle school and post office;
4) committing replacement funding from Tribal funds should BIA fund
ing prove not to be available for the "matching funds;"
5) committing to provide Tribal maintenance funding of $1,500 a year to
provide periodic street sweeping, cleaning out of catch basins, and replac
ing luminaries for cross walk street lights; and
6) authorizing the Tribal Council Chair to execute all forms required for
this application. Discussion followed. Motion carried 5-0-1. Jack
Giffen, Jr. abstained.
H Citizen Participation Indian Community Development Block Grant
(ICDBG). Valorie Sheker-Robertson moved, Reyn Leno seconded to adopt Reso
lution No. 176-03 certifying and providing assurance of its compliance with
the Indian Community Development Block Grant citizen participation require
ments and authorizing the Tribal Council Chair to sign said assurance and
associated documents on behalf of the Grand Ronde Tribe. Motion carried 5-0-1.
Jack Giffen, Jr. abstained.
ATNI Tribal Membership Dues and DelegateAlternate Appointments.
Val Grout moved, Ed Larsen seconded to adopt Resolution No. 177-03:
BOB HALLER ETHICS MATTER
B On September 9, 2003, we received Hearing Officer, Fawn Sharp's Order
Dismissing Ethics Complaint on the ethics complaint filed against council
member Bob Haller. Copies of the Order are available upon request. Here is
a brief summary of Hearing Officer Sharp's Order.
B Hearing Officer Sharp found that no cause of action exists under the Tribal
Ethical Standards Ordinance and that the complaint filed against council
member Haller is "wholly lacking in any specific allegations" concerning the
claimed conflicts of interest.
Hearing Officer Sharp found that the complaint contained "a series of broad
conclusory statements unsupported, for the most part, by specific allegations
of fact."
1) authorizing payment of $2,000 to cover Tribal membership and
2) appointing Valorie Sheker-Robertson as ATNI delegate and Jack Giffen,
Jr. as ATNI Alternate, instructing them to become members in good stand
ing with ATNI in order to fulfill their responsibilities as official delegates
to ATNI and each will continue in this capacity for a period of one year
from date of the appointment. Motion carried 4-0-2. Valorie Sheker
Robertson and Jack Giffen, Jr. abstained.
Acceptance of Funds from US Fish and Wildlife Service. Three mem
bers of the Tribal Council have asked that the above request be added to the
agenda and has been authorized by the Tribal Council Chairwoman. Jan D.
Reibach moved, Reyn Leno seconded to adopt Resolution No. 178-03:
1) accepting the allocation of $54,000 from Jobs In The Woods program for
the construction of a bridge crossing on Yoncalla creek;
2) authorizing the establishment of a Tribal budget for the $54,000; and
3) authorizing the Natural Resources Division Manager, with the assis
tance of the Tribal Attorney, to utilize funds for the construction of a
bridge on Yoncalla Creek. Motion carried 5-0-1. Jack Giffen, Jr.
abstained.
ANNOUNCEMENTS
S3 Tribal Council, for the record, noted its acceptance of Hearing Officer Judge
Fawn R. Sharp's Order Dismissing Ethics Complaint brought against council
member Bob Haller by council member Ed Pearsall. Chairwoman Kennedy
asked Vice-Chairman and Acting Secretary Reyn Leno to read a summary of
the findings and conclusions (below). Chairwoman Kennedy advised that copies
of the Order Dismissing Ethics Complaint are available to the membership.
5:25 p.m. Reyn Leno moved, Ed Larsen seconded to adjourn the meeting.
Motion carried.
Hearing Officer Sharp held that the Hearing Officer lacks subject matter
jurisdiction to hear the ethics complaint and, therefore, dismissed the defec
tive complaint because the ethics complaint provides no cause of action and
fails to set forth facts constituting improper conduct by council member Haller
under the Tribal Ethical Standards Ordinance.
B The former Tribal Ethical Standards Ordinance required the Tribal Coun
cil to accept the findings of fact and conclusions of the Hearings Officer. As
the council is obligated to accept the findings of fact and conclusions and
Hearing Officer Sharp has dismissed the complaint, no further action is re
quired and the council for the record notes the acceptance of these findings
and the Order Dismissing Ethics Complaint.
Wednesday, October 1, 2003
4:05 p.m. Meeting was called to order by Tribal Council Chairwoman Cheryle
Kennedy. A quorum was present.
Present was Jack Giffen, Jr., Val Grout, Bob Haller, Cheryle A. Kennedy, Ed
Larsen, Reyn Leno, Jan D. Reibach, Valorie Sheker-Robertson and June Sell
Sherer. Invocation was done by Jan D. Reibach.
PREVIOUS MINUTES APPROVEAMEND
B Valorie Sheker-Robertson moved, Reyn Leno seconded to approve the Septem
ber 17, 2003, Tribal Council regular meeting minutes as presented. Motion
carried 7-0-0. (Council member Val Grout was not present at time of vote.)
UNFINISHED BUSINESS
B AIG Settlement. June Sell-Sherer moved, Valorie Robertson seconded to
adopt Resolution No. 179-03:
1) approving the proposed Settlement Agreement between Birmingham
Fire Insurance Company (a member of the American International Group
("AIG")), the Tribe, Reyn Leno, Bob Haller and Jan D. Reibach, settling
the Tribe's and said individual insureds' dispute with AIG over insurance
coverage and payment of defense costs in matters filed by Ed Pearsall; and
2) authorizing the Tribal Chairwoman to execute the Settlement Agree
ment with such changes as the Tribal Chairwoman deems necessary.
Motion carried 5-0-3. Council Members Bob Haller, Reyn Leno, and Jan
D. Reibach abstained. (Council member Val Grout was present for the
reading and vote.)
NEW BUSINESS
B General Council Meeting October 12, 2003 Agenda Items
The Board of Directors of Spirit Mountain Gaming Inc. announced
that Richard Kline, Assistant General Manager of Spirit Mountain Ca
sino, will become Interim General Manager. He succeeds Douglas
Pattison, who resigned to pursue other career interests. The appoint
ment is effective immediately.
"Our highest priority is to continue to build employee trust and confi
dence while continuing to offer our guests the absolute best quality gam
ing and entertainment experience in the Northwest. Spirit Mountain
Casino is filled with employees who bring tremendous strengths to our
organization. We will continue to build on those strengths," said Rich
ard Kline. "The Executive Management Team is committed to retaining
our outstanding team members and keeping a firm hold on our position
as Oregon's 1 tourist attraction. In the days ahead we will continue to
work together to maintain our vision for growth and prosperity."
a. Program Report: Tribal Endowments
b. Door Prizes $250 (1 at $100 and 3 at $50)
B Reyn Leno moved, Ed Larsen seconded to adopt a motion approving the Gen
eral Council Meeting October 12, 2003 agenda items as read. Motion carried
8-0-0.
LEGISLATE ACTION COMMITTEE
B Polk County Agreement. Bob Haller moved, Jan D. Reibach seconded to
adopt Resolution 181-03 approving an agreement with Polk County to provide
inspection services for the Grand Ronde Tribal Housing Authority, Tribal Gov
ernment and Spirit Mountain Gaming, Inc. The cost of the services provided,
based on hourly rates and mileage, will be reimbursed to Polk County. Motion
carried 8-0-0.
OTHER BUSINESS
LEGISLATE ACTION COMMITTEE
B Cultural Coalition Plan and By-Laws. Reyn Leno moved, Jan D. Reibach
seconded to adopt Resolution No. 180-03 approving the submission of a five
year Cultural Plan to the Oregon Culture Trust for possible funding and the
adoption of the Coalition by-laws. Motion carried 8-0-0.
B Director of Operations Chris Leno brought forward a recommendation to the
Tribal Council to adopt a resolution supporting the submission of the Tribe's
Public Law 102-477 plan for renewal. The plan covers the next three years.
Discussion followed. Jack Giffen Jr. moved, Ed Larsen seconded to adopt Reso
lution No. 182-03 authorizing the submission of the Tribe's Public Law 102
477 plan for renewal. Motion carried 8-0-0.
4:15 p.m. Bob Haller moved, Reyn Leno seconded to adjourn the meeting.
Motion carried.
"Spirit Mountain Casino's successful track record, core values and in
credible sense of community reflect the values of The Confederated Tribes
of Grand Ronde. We will continue to work diligently at all levels of em
ployment to ensure our commitment to the community continues to thrive,"
said Cheryle Kennedy, Tribal Council Chairwoman and Chairwoman of
the Spirit Mountain Casino Board. "That's why we are pleased to ap
point Richard Kline our interim G.M.. Richard is a highly qualified and
energetic professional. We are convinced he will continue our spirit of
excellence and continue to operate our casino in a manner that is attrac
tive to the public and provides our Tribe with the means to gain eco
nomic self-sufficiency."
Prior to his appointment as Assistant General Manager, Richard Kline
has had extensive experience in the casino industry.