Law and Order Code, Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada, Ch. 22

Chapter 22. Tribal Government

Legislative History.

This chapter of the Fort McDermitt Law & Order Code was enacted by the Tribal Council on October 15, 1988. This chapter became effective immediately; there was no 30-Day lapse period.

Sec. 1. Legislative Intent

The Constitution and By-Laws of the Fort McDermitt Tribe of Oregon & Nevada (hereinafter in this chapter "Constitution") sets forth that regular Tribal Council Meetings shall be established by ordinance (By-laws, art. IV, sec. 2). In the past, the ordinance has merely been a declaration by the Tribal Council, by motion during a Tribal Council Meeting, as to the date and time of Regular Tribal Council Meetings. In addition, the Tribal Chairman has been delegated authority over the years without such authority being set out in writing in a single document. This chapter is enacted so that: (1) the date and time of Regular Tribal Council Meetings shall be known; (2) so that any rules of parliamentary procedure are clearly identified; and, (3) so that the duties of the Tribal Chairman, or the Vice-Chairman in his absence, are clearly set out in writing. This chapter will also contain other provisions as the Tribal Council deems necessary from time to time.

Sec. 2. Regular Tribal Council Meetings; date and time.

There shall be two regular tribal council meetings per month. The first shall occur on the second Saturday of each month. The second shall occur on the fourth Saturday of the month. In those months where there is no fourth Saturday of the month, the tribal council shall hold its second regular tribal council meeting on the third Saturday of the month. All meetings shall start at 10:00 a.m., local time, as soon as thereafter a quorum shall be established.

Sec. 3. Special Tribal Council Meetings; date and time.

The Tribal Council may hold as many special tribal council meetings per month as necessary as long as notice requirements of the Constitution are met (By-laws, art. IV, sec. 3).

Sec. 4. Tribal Council Meetings; notice.

A written notice of all tribal council meetings, special and regular, shall be posted at the following locations: lobby of the Tribal Community Building; Fort McDermitt Senior Citizen's Center; Fort. McDermitt IHS Clinic; United States Post Offices in Winnemucca and McDermitt; Summit Lake Paiute Tribe Office (Winnemucca); and, on the Winnemucca Indian Colony. After established, notice shall also be posted at the following locations: United States Post Office at Fort McDermitt and on the Fort McDermitt Tribe/Community Message Boards.

Sec. 5. Tribal Council Meetings; rules of parliamentary procedure.

The Tribal Council of the Fort McDermitt Paiute Shoshone Tribe of Oregon and Nevada hereby adopts the Scott, Foresman Robert's Rules of Order, Newly Revised (1981). This edition of Robert's Rules of Order shall apply to all tribal council meetings, regular and special, and executive sessions as well.

Sec. 6. Tribal Council Meetings; quorum.

The Constitution states that "two-thirds" of the eight tribal council member positions shall constitute a quorum. See By-laws, art. IV, sec. 4.

A difference of opinion causes certain Bureau of Indian Affairs (hereinafter in this chapter "BIA") personnel to consider a two-thirds requirement as being six (6) tribal council members since using a mathematical formula (dividing the number eight by three and multiplying that figure by two) causes a result of "5.3333332". A majority of the tribal council believes that the same mathematical result only requires five (5) tribal council members present to be a quorum. Why the BIA would have suggested to the Tribe to have a "two-thirds requirement when there are eight tribal council members present in unknown.

Therefore, from the date this chapter is enacted and effective, the Tribal Council declares that a quorum shall constitute only five (5) tribal council members.

Sec. 7. Tribal Chairman; authority; duties.

The tribal chairman, or the vice-chairman in his absence, shall fulfill all duties set forth in the Constitution. In addition, the tribal chairman shall assume the duties of: TRIBAL ADMINISTRATOR/MANAGER; TRIBAL PLANNER; TECHNICAL WRITER; ECONOMIC DEVELOPMENT SPECIALIST; PERMIT & LEASE NEGOTIATOR; ISSUER OF PERMITS; FIRE MARSHALL; DEBT ADMINISTRATOR; GRANT and CONTRACT WRITER; and, GENERAL LEGAL COUNSEL.

As TRIBAL ADMINISTRATOR/MANAGER the tribal chairman shall ensure all tribal employees are in compliance with the Tribal Operations Manual.

As TRIBAL PLANNER the tribal chairman shall bring ideas and concepts to the tribal council for their consideration on the use of tribal property.

As TECHNICAL WRITER the tribal chairman shall draft tribal laws for tribal council consideration.

As ECONOMIC DEVELOPMENT SPECIALIST the tribal chairman shall prepare for tribal council consideration plans for employing tribal members and creating viable economic development concepts within the exterior boundaries of all land owned by the Fort McDermitt Tribe, or held in trust by the United States for the Tribe and its members, including the Hog John Ranch, Lasa Purchase, etc. (hereinafter known in this chapter as"Fort McDermitt Indian Country").

As PERMIT & LEASE NEGOTIATOR the tribal chairman shall assume the primary role of negotiating all permits and leases of tribal lands in Fort McDermitt Indian Country, with assistance from the BIA if the tribal chairman so desires, subject to tribal council approval.

As ISSUER OF PERMITS the tribal chairman shall be the only tribal official allowed to issue permits for: hunting and fishing, for the use or rental of tribal property, to non-Indians to cross to enter Fort McDermitt Indian Country to hunt adjacent property, and the like. The tribal chairman shall establish reasonable fees, subject to tribal council adjustment, for hunting and fishing and the use and rental of tribal property. As regards the use and rental of tribal property, the tribal chairman shall establish fees based on the frequency of use, length of use, age of equipment, likely damage to tribal property, experience of the user, etc.

As FIRE MARSHALL the tribal chairman shall establish a fire department for the protection of structures and other property and coordinate training of tribal members and the purchase of fire fighting equipment.

As DEBT ADMINISTRATOR the tribal chairman shall have the authority to order payment of necessary services for the benefit of the Tribe and the payment of debts owed by the Tribe, after due consideration for the effect of the payment on the tribal treasury, in an amount not to exceed $1,000. All checks sought to be issued by the tribal chairman greater than $1,000 must be approved by a majority of the Tribal Council.

As GRANTS and CONTRACT WRITER the tribal chairman shall be authorized to draft, complete, execute any and all grant and contract applications he believes will serve the best interests of the Tribe and its members provided that he shall bring the grant or contract documents before the Tribal Council for consideration and vote on the Tribal Council's support for such grant or contract services.

Ronald E. Johnny, Tribal Chairman, because of his doctorate in law and experience as a Reginald Heber Smith Community Lawyer Fellow and Indian Legal Services Attorney, shall assume the duties of GENERAL LEGAL COUNSEL and shall investigate and bring to the attention of the tribal council any and all incidents, in his legal opinion, which constitute a breach of trust responsibility by the federal government or other legal actions the tribal council or tribe may have against the federal government, any federal agency, entity, or private person or, corporation.

Sec. 8. Tribal Council; compensation; mileage allowances.

When the tribal council schedules and holds two regular tribal council meetings per month, they shall be entitled to compensation and a mileage allowance subject to the availability of funding. The compensation rates shall be set forth in budgetary form and shall be a part of the federal grant package or a part of the budget if tribal moneys are used. As long as the tribal council holds two meetings per month it may pay compensation and/or the mileage allowance at the conclusion of each meeting in equal, half amounts.

Sec. 9. Tribal Council; traditional authority; anglo concept of "separation of powers".

The tribal council hereby declares its right, under tribal custom and tradition, to exercise its traditional authority in the areas termed by anglos as the executive, legislative and judicial branches of government and to set forth in writing, and in a clear and concise manner, that the tribal council does not accept or embrace the anglo concept of "separation of powers".

This section shall not be interpreted as preventing the tribal council, from this date forward, and from time to time as deemed necessary by the tribal council, to require certain tribal officers, independent contractors and others to adhere to written or codified expressions by anglos that embrace traditional expectations of behavior, e.g., requiring that all tribal court judges abide by the Judicial Code of Conduct drafted, and up-dated on a regular basis, by the American Bar Association (hereinafter "ABA") or requiring all attorneys and tribal court advocates adhere to the ethical rules codified in the ABA's Code of Professional Responsibility as updated on a regular basis. By the same measure, adoption of such anglo written expressions shall not be interpreted as inferring that the tribal council embraces the anglo doctrine of "separation of powers".

The tribal council enacts this section in light of the recent overly-agressive acts of the United States Commission on Civil Rights and its attack against tribes such as the Navajo Nation and other tribal governments and the actions of certain members of Congress favoring further eradication of our tribal sovereignty and other acts evincing a lack of support for the concept of "Self-Determination", e.g. the passage of S. 555 [Indian Gaming Regulatory Act] and the introduction of 5. 2747 [1988 Amendments to the Indian Civil Rights Act of 1968] by Senator Orrin Hatch, R-Utah, on August 11, 1988, to name only a few.

Sec. 10. Severability.

Should any sections of this chapter be disapproved by the Secretary of the Interior or his representatives or should any section be found unconstitutional or in violation of federal law by the tribal court or any court of competent jurisdiction, such declaration shall not affect the remaining sections of this chapter.

Sec. 11. Petitions submission; form.

All tribal members, qualified voters of this tribe, or other persons, who bring Petitions before the Tribal Council, the Petition or Petitions shall be in the following form:

1. A simple statement at the top of each page, stating for example:

We, the undersigned qualified voters of the Ft. McDermitt Tribe, hereby demand a referendum vote, in accordance with the Constitution, art. VIII, Sec. 1, on Tribal Council Resolution No. FM-00-00-000, which concerns the Chairman's authority.

2. There shall be lines across the paper either typed or other wise with sufficient space for a person to print their name, address, and telephone number, if any, and signature.

3. At the bottom of each page shall be a certification whereby the person obtaining the signatures attests or swears, subject to penalty of perjury and other criminal charges under tribal law, that they witness the signatures and that the person who signed is either personally known to them or presented a pictured identification in the form of a tribal membership card and that such person was the person signing the Petition or that the signature on the identification appeared identical.