11
MAY 1,2012
Smoke Signals
PUBLIC RECORDS ORDINANCE AMENDMENT
OPEN FOR COMMENT
The Tribal Council, in consultation with the Tribal Attorney's
Office, is considering adoption of an amendment to the Public
Records Ordinance. The proposed amendment was given a First
Reading at the April 4, 2012, Tribal Council meeting.
The purpose of the proposed amendment to the Public Records
Ordinance is to fulfill the requirements of Chapter 644, Oregon
Laws 2011 (Senate Bill 412) for the Tribal Police Department re
quiring the Tribe to adopt a provision of Tribal law that provides
members of the public with the right to inspect records of the Tribal
government related to the exercise of the authority granted to au
thorized Tribal Police Officers in a manner substantially similar
to Oregon law.
The proposed amendment adds the definition of "law enforcement
records" as those records "related to the exercise of the authority
granted to authorized Tribal police officers under Chapter 644,
Oregon Laws 2011" and amends Section (f) as follows:
(f) INSPECTION OF TRIBAL RECORDS.
(1) Right to view and copy Records:
(A) Only enrolled members of the Tribe have a right to view or
obtain copies of Records under this Ordinance provided, however.
that, non-enrolled members of the public may view law enforce
ment records as defined herein. Such members of the public will
have the same rights as Tribal Members to review and inspect
law enforcement records and appeal denials as set forth within
. this Section (f).
For a copy of the proposed amendment to the Public Records Ordi
nance, please contact the Tribal Attorney's Office at 503-879-4664.
The Tribal Council invites comment on the proposed amendment.
Please send your comments to the Tribal Attorney's Office, 9615
Grand Ronde Road, Grand Ronde, Oregon 97347.
Comments must be received by May 15, 2012.
TRIBAL TORT CLAIM ORDINANCE AMENDMENT
OPEN FOR COMMENT
The Tribal Council, in consultation with the Tribal Attorney's Office,
is considering adoption of an amendment to the Tribal Tort Claims
Ordinance. The proposed amendment was given a First Reading at
the April 4, 2012, Tribal Council meeting.
The purpose of the proposed amendment to the Tribal Tort Claims
Ordinance is to fulfill the conditions established in Chapter 644,
Oregon Laws 2011 (SB 412) requiring the Tribe to have adopted a
provision of Tribal law that allows tort claims asserted in the Tribal
Court arising from the conduct of an authorized Tribal Police Officer
to proceed in a manner substantially similar to Oregon law.
The proposed amendment to the Tribal Tort Claims Ordinance
clarifies that authorized Tribal Police Officers are included within
the definition of employees, and that claims arising from the conduct
of an authorized Tribal Police Officer are included within the Tribal
Tort Claims Ordinance - by modifying the definitions of "Employee"
and "Injury" as follows:
"Employee" means any person who is an employee, whether full
time or part-time, permanent or temporary, of the Tribe, and 3hall
include an authorized Tribal police officer, as defined in Section
1 nf Chapter 644. Oregon Laws 201 1 fSB 412).
"Injury" means injury to a person, death, damage to or loss of prop
erty of whatever kind, which, if caused by the negligent or wrongful
act or omission of a private person would be a tort under Tribal law,
applicable federal law, and, to the extent consistent with Tribal
law, laws of the State of Oregon (including a tort as defined in ORS
30.260(8)) in effect as of the date of this Ordinance, regardless of the
type or form of action or form of relief sought by the claimant.
- The proposed amendment also adds the following language to Sec
tion (e)(1):
Notwithstanding the foregoing, claims for monetary damages
arising from the conduct of an authorized Tribal police officer
shall he limited to the amounts listed in ORS 30-260 to 30.300
applicable to a local public body.
For a copy of the proposed amendment to the Tribal Tort Claims
Ordinance, please contact the Tribal Attorney's Office at 503-879-4664.
The Tribal Council invites comment on the proposed amend
ment. Please send your comments to the Tribal Attorney's Office,
9615 Grand Ronde Road, Grand Ronde, Oregon 97347.
Comments must be received by May 15, 2012.
TRIBAL POLICE ORDINANCE
OPEN FOR COMMENT
The Tribal Council, in consultation with the Tribal Attorney's
Office, is considering adoption of a Tribal Police Ordinance. The
proposed Ordinance was given a First Reading at the April 4, 2012,
Tribal Council meeting.
The Tribal Police Ordinance establishes the structure of the Grand
Ronde Tribal Police Department, the duties of the Chief of Police,
and the appointment, qualifications, minimum training standards,
and duties of the Tribal Police Officers. The purpose of the Tribal
Police Ordinance is to establish the lawful authority of the Tribe's
Police Department and vest its Chief of Police with the accompany
ing authority to plan, operate and lead the public safety efforts and
community policing programs for the protection and security efforts
targeted for the overall benefit of the Tribe.
The Ordinance will also meet requirements of Chapter 644, Oregon
Laws 2011 (Senate Bill 412) for the Tribal Police Department as it
contains provisions relating to participation in a deadly force plan,
records retention, and preservation of biological evidence.
For a copy of the proposed Tribal Police Ordinance, please contact
the Tribal Attorney's Office at 503-879-4664. The Tribal Council
invites comment on the proposed Ordinance. Please send your com
ments to the Tribal Attorney's Office, 9615 Grand Ronde Road, Grand
Ronde, Oregon 97347.
Comments must be received by May 15, 2012.
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