Confederated Tribes of Siletz Indians of Oregon - Tribal Code
Table of Contents Updated: March 2015
Table of Contents
1 GENERAL PROVISIONS: Purpose and Authority; Definitions.
2 ADOPTION OF RULES: Departmental Authority to Develop Rules and Regulations; Public Notice and Comment on Rules; Emergency Waiver; Declaratory Judgments on Rule Applicability.
3 APPEAL OF FINAL DEPARTMENT ORDERS: Appeal Procedures; Notice of Department Order; Appeal of Department Orders; Appeal of Department Head Orders; Appeals to Tribal Court.
Budget Committee; Initial Budget Development; Preliminary Report; Council Review and Deliberation; Base Budget and Spending Growth; Modification; Supplemental Appropriations; Carry Over; Effective Date.
Procedure (Rules, Notice, Appeals from Tribal Court, Burden of Proof, Definitions, Proper Parties and Procedure, Consent to Jurisdiction); Civil Offenses (Giving False Information to a Law Enforcement or Security Person, Recklessly Endangering Another Person, Mistreatment, Child Neglect, Endangering the Welfare of a Minor, Theft, Reckless Burning, Arson, Mischief, Unlawfully Applying Graffiti, Littering, Disorderly Conduct, Harassment, Abuse of Tribal Venerated Objects/Tribal Memorials/Objects of Tribal Significance, Telephonic Harassment, Pointing Firearm at Another, Animal Abuse, Tobacco Possession by Minors, Providing Liquor to Persons under 21 or to Intoxicated Person, Possession of Liquor by Person Under 21, Criminal Trespass, Possession/Delivery/Manufacturing of Controlled Substance, Abandoned Vehicles, Unauthorized Sale or Distribution of Prescription Drugs, Failing to Observe Pets, Nuisance).
Tribal Employees; Persons Other than Tribal Employees; Appeals.
1 GENERAL PROVISIONS: Purpose & Construction; Establishment; Subject Matter Jurisdiction: Personal Jurisdiction; Attorneys.
2: GWE-SHVT-NAGA/PEACEMAKERS: Appointment and Qualifications; Powers of Gwe-shvt-naga/Peacemakers; Limitations; Gwe-shvt-naga/Peacemakers not Judges; Agreed Arbitration; Duties of Gwe-shvt-naga/Peacemakers; Reports to Tribal Courts.
3 PEACEMAKING: Request for Peacemaking; Requests and Objections; Duties of Clerk of Tribal Court.; Court procedure upon receipt of request for transfer to the Siletz Community Law Court.; Appointment of Gwe-shvt-naga/Peacemaker; Notice to begin proceedings; Compensation of Gwe-shvt-naga/Peacemaker; Subpoenas; Fees.
4 RESOLUTION AND JUDGMENT: Method of Presenting Proposed Resolution; Form of Judgment; Enforcement of Judgment; Appeals; Action by the Court.
5 CONDUCT OF GWE-SHVT-NAGA/PEACEMAKERS: General standards; Complaints regarding Gwe-shvt-naga/Peacemakers; Action on Complaint.
6 TRANSFER OF CASES FROM TRIBAL COURT TO SILETZ COMMUNITY LAW COURT: General Policy; Civil Matters; Transfer on Condition; Testimony from Community Law Court Prohibited Upon
Transfer to Tribal Court.
7 MISCELLANEOUS PROVISIONS: Forms; Plain Language Version of Rules; Judge; Relation to Tribal Court Rules and Procedures; Inconsistent Provisions.
A GENERAL: Definitions; Taxation.
B CORPORATIONS OR DOMESTIC CORPORATIONS: Purposes; General Powers; Defense of Ultra Vires; Corporate Name; Registered office and Registered Agent; Service of Process on Corporations; Authorized Shares; Consideration for Shares; Payment of Shares; Determination of Amount Stated Capital; Certificate Representing Shares; By-Laws; Meetings of Shareholders; Notice of Shareholder's Meetings; Closing of Transfer Books and Fixing Record Date; Voting Record; Quorum of Shareholders; Voting of Shares; Board of Directors; Number and Election of Directors; Vacancies; Removal of Directors; Quorum of Directors; No Contract Void or Voidable; Executive and Other Committees; Place and Notice of Director's Meetings; Action by Directors without a Meeting; Dividends; Distribution from Capital Surplus; Loans to Employees and Directors; Liability of Directors in Certain Cases; officers; Removal of officers; Books and Records; Incorporators; Articles of Incorporation; Filing of Articles of Incorporation; Effect of Issuance of Certificate of Incorporation; Organization Meeting of Directors; Rights to Amend Articles of Incorporation; Procedure to Amend Articles of Incorporation; Articles of Amendment; Filing of Articles of Amendment; Effects of Certificate of Amendment; Restated Articles of Incorporation; Reduction of Stated Capital in Certain Cases; Special Provisions Relating to Surplus; Sale of Assets in Regular Course of Business and Mortgage or Pledge of Assets; Sale of Assets Other than in Regular Course of Business; Voluntary Dissolution by Incorporators; Voluntary Dissolution by Consent of Shareholders; Voluntary Dissolution by Act of Corporation; Effect of Statement of Intent to Dissolve; Revocation of Voluntary Dissolution Proceedings; Articles of Dissolution; Filing of Articles of Dissolution; Involuntary Dissolution; Notification to the Legal Department; Jurisdiction of Court to Liquidate Assets and Affairs of Corporation; Procedures in Liquidate of Corporation by the Siletz Tribal Court; Qualifications of Receivers; Filing of Claims in Liquidation Proceedings; Discontinuance of Liquidation Proceedings; Decree of Involuntary Dissolution; Filing of Decree of Dissolution; Deposits with Legal Department; Survival of Remedy After Dissolution; Annual Report of Domestic and foreign Corporations; Filing of Annual Report of Corporation; Fees, Taxes and Charges to be Collected by the Legal Department; Fees for Filing Documents and Issuing Certificates; Miscellaneous Charges; License Fees Payable by Domestic Corporations; Penalties Imposed Upon Corporations; Penalties Imposed Upon officers and Directors; Interrogatories by the Legal Department; Information Disclosed by Interrogatories; Certificates and Certified Copies to Be Received in Evidence; forms to be Furnished by the Legal Department; Greater Voting Requirements; . Waiver of Notice; Action by Members or Directors without A Meeting; Effect of Invalidity of Part of This Chapter; Jurisdiction of Siletz Tribal Court.
C NON-PROFIT CORPORATIONS: General Provisions; Definitions; Filing Requirements; Filing, Service, Copying and Certification Fees; Effective Time and Date of Document; Correcting Filed Document; forms; Rules; Filing Duty of CTSI Legal Department; Appeal From CTSI Legal Department s Refusal to File Document; Evidentiary Effect of Certified Copy of Filed Document or Certificate; Certificate of Existence or Authorization; (CTSI Legal Department); Powers; (Notice) Notice; Judicial Relief; Notice to CTSI Legal Department; Effect of Failure to Notify; Incorporation; Incorporators; Articles of Incorporation; Incorporation; Liability for Preincorporation Transactions; Organization of Corporation; Bylaws; Emergency Bylaws and Powers; Purposes; General Powers; Emergency Powers; Challenge of Corporate Authority; Remedy; Corporate Name; Reserved Name; Registered office and Registered Agent; Change of Registered office or Registered Agent; Resignation of Registered Agent; Members and Memberships; Admission; Consideration; No Requirement for Members; Differences in Rights and Obligations of Members; Transfers; Member s Liability to Third Parties; Member s Liability for Dues, Assessments and Fees; Creditor s Action Against Member; Resignation; Termination, Expulsion or Suspension; Acquiring Memberships; Derivative Suits; Delegates; Membership Meetings and Voting; Annual and Regular Meetings; Special Meeting; Court-Ordered Meeting; Attorney Fees; Action without Meeting; Notice of Meeting; Waiver of Notice; Record Date; Action by Written Ballot; Members List for Meeting; Attorney Fees; Voting Entitlement of Members; Proxies; Adjournment; Corporation s Acceptance of Votes; Quorum Requirements; Voting Requirements; Cumulative Voting for Directors; Other Methods of Electing Directors; Voting Agreements; - Directors and officers; Requirement for and Duties of Board; Qualification of Directors; All Directors Must Be Individuals. The Articles of Incorporation or Bylaws May Prescribe Other Qualifications for Directors.; Number of Directors; Election, Designation and Appointment of Directors; Terms of Directors Generally; Staggered Terms for Directors; Resignation of Directors; Removal of Directors Elected by Members or Directors; Removal of Directors by Judicial Proceeding; Removal of Designated or Appointed Directors; Vacancy on Board; Compensation of Directors; Regular and Special Meetings; Action without Meeting; Call and Notice of Meetings; Waiver of Notice; Quorum and Voting; Committees; General Standards for Directors; Director Conflict of Interest; Loans to or Guarantees for Directors and officers; Liability for Unlawful Distributions; Liability of Qualified Directors; Required officers; Duties and Authority of officers; Standards of Conduct for officers; Resignation and Removal of officers; Contract Rights of officers; Definitions for STCC to .; Authority to Indemnify; Mandatory Indemnification; Advance for Expenses; Court-Ordered Indemnification; Determination and Authorization of Indemnification; Indemnification of officers, Employees and Agents; Insurance; Application of STCC To; Amendment of Articles of Incorporation and Bylaws; Authority; Amendment by Directors; Amendment by Board of Directors and Members; Class Voting by Members on Amendments; Articles of Amendment; Restated Articles of Incorporation; Amendment Pursuant to Court Order; Effect of Amendment and Restatement; Amendment by Directors; Amendment by Directors and Members; Approval by Third Persons; Approval of Plan of Merger; Limitations on Mergers by Public Benefit Corporations; Action on Plan by Board, Members and Third Persons; Articles of Merger; Effect of Merger; Merger with Foreign Corporation; Effect of Merger on Bequests, Devises and Gifts; Merger with Business Corporation; Sale of Assets in Regular Course of Activities; Mortgage of Assets; Sale of Assets Other Than in Regular Course of Activities; Prohibited Distributions; Authorized Distributions; Dissolution by Incorporators; Dissolution by Directors, Members and Third Persons; Notices to CTSI Legal Department; Articles of Dissolution; Revocation of Dissolution; Effect of Dissolution; Known Claims Against Dissolved Corporation; Unknown Claims Against Dissolved Corporation; Grounds for Administrative Dissolution; Procedure for and Effect of Administrative Dissolution; Reinstatement Following Administrative Dissolution; Appeal From Denial of Reinstatement; Grounds for Judicial Dissolution; Procedure for Judicial Dissolution; Receivership or Custodianship; Judgment of Dissolution; Deposit of Assets with CTSI Accounting; Corporate Records; Inspection of Records by Members; Scope of Inspection Right; Court-Ordered Inspection; Attorney Fees; Limitations on Use of Membership List; Report to Members and Other Persons of Indemnification; Annual Report; Reservation of Power to Amend or Repeal; Severability; Penalty for Signing False Document.
Definitions; Justification as a Defense; Use of Physical Force by Peace Officer in Making an Arrest or in Preventing an Escape; Use of Deadly Physical Force by Peace Officer in Making an Arrest or in Preventing an Escape; (Inchoate Crimes) Attempt; Solicitation; Conspiracy; (Offenses Against the Tribe, State, and Public Justice) Bribe Giving; Bribe Receiving; Perjury; False Swearing; Unsworn Falsification; Third Degree Escape; Second Degree Escape; First Degree Escape; Aiding Unauthorized Departure; Supplying Contraband; Obstructing Governmental Administration; Refusing to Assist Peace Officer; Resisting Arrest; Hindering Prosecution; Simulating Legal Process; Criminal Impersonation; Initiating a False Report; Giving False Information to Police Officer for a Citation; (Offenses Against Persons) Murder; Manslaughter; Criminally Negligent Homicide; Assault; Menacing; Recklessly Endangering Another Person; Criminal Mistreatment; Assaulting a Public Safety Officer; Kidnapping; Custodial Interference; Coercion; Rape; Sodomy; Sexual Penetration with a Foreign Object; Sexual Abuse; Contributing to Sexual Delinquency of Minor; Sexual Misconduct; Public Indecency; Bigamy, Incest; Abandonment of Child; Child Neglect; Criminal Non-Support; Endangering Welfare of Minor; Posting of Signs Concerning Sale of Smoking Devices; Using Child in Display of Sexually Explicit Conduct; (Offenses Against Property) Theft; Theft of Lost, Mislaid Property; Theft by Extortion; Theft by Deception; Theft by Receiving; Theft of Services; Unlawful Distribution of Cable Television Equipment; Criminal Possession of Rented or Leased Personal Property; Burglary; Possession of Burglar's Tools; Criminal Trespass; Criminal Trespass While in Possession of a Firearm; Arson; Reckless Burning; Criminal Mischief; Tampering with Cable Television Equipment; Computer Crime; Robbery; Offensive Littering; Endangering Aircraft; (Offenses Involving Fraud or Deception) Forgery; Criminal Possession of Forged Instruments or a Forgery Device; Criminal Simulation; Fraudulently Obtaining a Signature; Unlawfully Using Slugs; Fraudulent Use of Credit Card; Negotiating a Bad Check; Misrepresentation of Age by a Minor; Riot; Disorderly Conduct; Harassment; Abuse of Venerated Objects; Abuse of Corpse; Telephonic Harassment; Misconduct with Emergency Telephone Calls; Interfering with Public Transportation; Intimidation; Negligently Wounding Another; Pointing Firearm at Another; Definitions for Firearm Laws; Attempting to Use Dangerous Weapons; Carrying Dangerous Weapon with Intent to Use It; Carrying Concealed Weapon; Unlawful Possession of Firearms; Ex-Convict in Possession of Firearms; Ex-Convict in Possession of a Restricted Weapon; Unlawful Possession of Armor Piercing Ammunition; Possession of Destructive Device or Loaded Firearm in or on Public Building; Discharging Weapon on or Across Highway, Ocean Shore Recreation Area, or Public Utility Facility; Throwing or Shooting at Trains; Discharging Weapon on or Across Airport Operational Surface; Unlawful Paramilitary Activity; Prostitution; Promoting Gambling; Possession of Gambling Records; Possession of a Gambling Device; Animal Abuse; Animal Neglect; Animal Abandonment; Involvement in Animal Fighting; Dogfighting; Providing Liquor to Person Under 21 or to Intoxicated Person; Purchase or Possession of Liquor by Person Under 21 - Entry of Licensed Premises by Person Under 21; Schedules for Controlled Substances; Unlawful Delivery of an Imitation Controlled Substance; Failure to Report a Precursor Substance Transaction; Failure to Report Missing Precursor Substances Transaction; Illegally Selling Drug Equipment; Providing False Information on Precursor Substance Report; Penalties; Possession Without Prescription; Delivery of Marijuana; Possession of Marijuana; Creation or Delivery of Counterfeit Substance; Prohibited Acts Involving Records and Fraud; Penalties for Distribution to Minors; Tampering with Drug Records; Frequenting a Place Where Controlled Substances are Used; Maximum Sentences.
1 GENERAL PROVISIONS: Policy; Authority; Definitions.
2 CULTURAL RESOURCES PROTECTION PROGRAM: Cutural Heritage Committee; Cultural Specialist; Inventory of Cultural and Historical Sites; Release of Confidential Information; Cooperation State and Federal Agencies.
3 CULTURAL PROTECTION CLEARANCE AND PERMITS: (Subpart A: Proposed Land Use Actions) Land Use Action-Cultural Resource Protection Permits; Application for Permit; Issuance of Permit; Discovery of Cultural Resources; Enforcement of Permit Conditions; Exemptions for Permit Requirement; Tribal Commecial Development and Logging; (Subpart B: Archaeological Activities) Archaeological Permits; Application for Archaeological Permit; Issuance of Permit; Required Permit Conditions.
4 OFFENSES AND ENFORCEMENT: (Subpart A: Offenses) Damage to a Protected Site or Object; Exchange of Protected Object; Possession of Burial Items; Undertaking Activity Without Proper Permit; Unauthorized Disclosure of Confidential Information; Failure to Comply With Permit Terms; (Subpart B: Enforcement) Stop Work Order; Criminal Penalties; Civil Penalties; Civil Damages; Forfeiture; Tribal Court Jurisdiction.
Authority; Purpose; Definitions
1 DISTRIBUTION OF NET REVENUES; REPAYMENT OF CAPITAL CONSTRUCTION, AND EQUIPMENT COSTS: Priority for Distribution of Net Revenues.
2 DISTRIBUTION OF NET REVENUES; DISTRIBUTION OF EXCESS TRIBAL NET REVENUES: Procedure for Distribution of Excess Tribal Net Revenues; Procedure for Distribution of Revenues Distributed to the Investments Category.
3 DISTRIBUTION OF EXCESS TRIBAL NET REVENUES; CHARITABLE CONTRIBUTIONS: Procedures for Disbursement of Funds from the Charitable Purposes Category of Excess Tribal Net Revenues; Procedures oR Distribution of Per Capita Payments from Excess Tribal Net Revenues; Attachment of Distribution Monies; Enforcement; Amendment.
1 GENERAL PROVISIONS. Purpose; Construction; Definitions.
2 CRIMINAL PENALTIES AND PROCEDURES. “Crime involving domestic or family violence” defined; Violation of certain orders for protection is an Offense; Mandatory arrest for offenses involving domestic or family violence; determination of primary aggressor; required report; Duties of law enforcement officer to victim of domestic or family violence; required notice to victim; Mandatory arrest for violations of orders for protection or violations of conditions of release; Authority of law enforcement officer to seize weapons; Filing of criminal complaint for domestic or family violence; Conditions of Release; Mandatory arrest for violation of conditions of release; Duty of prosecutor to notify victim; Record of dismissal required in court file; Criminal case may not be dismissed because civil compromise is reached; Rights of victims of domestic or family violence; duty of prosecutor to inform victim of rights; Spousal privileges inapplicable to protect the defendant in criminal proceedings involving domestic or family violence; Advocate-victim privilege applicable in cases involving domestic or family violence ; Residential confinement in home of victim prohibited; Court discretion in sentencing perpetrators of domestic or family violence; Conditions of probation or parole for perpetrator convicted of crime involving domestic or family violence; required reports by police department; Penalties for crime of domestic or family violence.
3 CIVIL ORDERS FOR PROTECTION. Jurisdiction; Eligible petitioners for order; Standard form required for petitions and orders; required statements in petitions and orders; duty of clerk to provide petitions and clerical assistance ; Continuing duty to inform Court of other proceedings; effect of other proceedings; delay of relief prohibited; omission of petitioner’s address; Emergency order for protection; available relief; availability of judge or court officer; expiration of order; Order for protection; modification of orders; relief available ex parte; relief available after hearing; duties of the Court; duration of order; Required hearings; duty of Court when order for protection denied; Extension of final order for protection; Effect of action by petitioner or respondent on order; Denial of relief prohibited; Mutual orders for protection prohibited; Court-ordered and Court-referred mediation, marriage counseling, or reconciliation of cases involving domestic or family violence prohibited; Court costs and fees; Registration and enforcement of foreign orders for protection; duties of Court Clerk.
4 FAMILY AND CHILDREN. Presumptions concerning custody; Factors in determining custody and visitation; Presumption concerning residence of minor child; Change of circumstances; Conditions of visitation in cases involving domestic and family violence; Duties of Indian Child Welfare Department.
5 STALKING. Definitions; Stalking; Citation; form; Effect of citation; contents; hearing; Court’s stalking protective order ; Service of order; Initiation of action to obtain a citation; Violating a Court’s stalking protective order; Immunity of officer acting in good faith; Action for issuance or violation of a stalking protective order.
1 GENERAL PROVISIONS. Purpose and authority. Election Board. Qualification of Voters; Conduct of the Election.
2 TRIBAL COUNCIL. Candidates; Oath of Office.
3 INITIATIVE AND REFERENDUM AND RECALL. Types of Action; Petition Requirements; Filing and Certification of Petition; Presentation of Measure to Tribal Council; Circulation of Petition; Validation of Petition; Date of General Council Election; Adoption of Measure; Effective Date of Measure.
4 EXPULSION. Expulsion; Notice; Opportunity to be Heard; Decision and Effective Date.
1 GENERAL PROVISIONS. Authority and Purpose; Membership Requirements; Enrollment Committee; Enrollment Staff.
2 APPLICATIONS FOR MEMBERSHIP. Procedures for Membership Application; Emergency Eligibility Determinations.
3 ELIGIBILITY STANDARDS. Adoption; Paternity and Maternity: DNA Testing; Enrollment in Another Tribe.
4 LOSS OF MEMBERSHIP. Relinquishment of Membership; Loss of Membership; Deceased Members; Blood Degree Corrections; Publication.
5 APPEALS. Appeal Procedure; Severability Clause; Appendix.
1 GENERAL INFORMATION. Short Title; Jurisdiction; Definitions.
2 FOREST RESOURCE MANAGEMENT. Scope and Objectives; Forest Land Classifications; Tribal Forest Planning Process; Tribal Forest Management Plan; Forest Management and Commercial Operations; Non-Commercial Use and/or Harvest of Minor Forest Products; Forest Practices Regulations; Monitoring of Forest Resources; Administrative Appeals of Tribal Forester Decisions.
3 FOREST TRESPASS, ENFORCEMENT AND PROSECUTION. Applicable Law; Tribal Court Jurisdiction; Concurrent Jurisdiction Over Forest Trespass; Tribal Prosecution; No Diminishment of Tribal Authority.
Role of the Tribal Council; Role of the Siletz Tribal Gaming Commission; Role of the Gaming Operation; Sovereign Immunity; Jurisdiction; Tort Claims; Amendment; Dissolution.
Gaming Authorized; Ownership of Gaming; Use of Gaming Revenue; Audit; Protection of the Environment and Public Health and Safety; Background Investigations: Key Employees and Primary Management Officials; License Locations; Repeal.
1 INTRODUCTION. Jurisdiction; Writ of Garnishment Described; Definitions.
2 NON TRIBAL WRITS OF GARNISHMENT. Writ of Garnishment Served on Siletz Tribe; State Writ of Garnishment Notice, Petition for Hearing, Response, Subpoena, Hearing.
3 TRIBAL WRITS OF GARNISHMENT. Fees; Rate of Garnishment.
4 MISCELLANEOUS PROVISIONS. Collection of Funds. Priority of Multiple Writs of Garnishment; Petition for Reconsideration; Authority of Tribe to Collect on Debts; Writ of Attachment for Abandoned Housing; Expedited Procedures.
1 ANCESTRAL TRIBAL LANDS. Definitions; Tribes and Bands which Comprise the Siletz Tribe.
2TREATY BASED OCCUPATION AREA. Siletz Treaties; Treaty Based Occupation Areas; Permanent Siletz Reservation.
3 SERVICE AREA.
4 LAND CONSOLIDATION AREA.
Eligibility; Categories; Application; Application Review; One-Time Only; Funding; Housing Committee; Appeals; Implementation.
(General Provisions) Applicability; Jurisdiction; Purposes and Interpretation; Relation to Other Laws.
(Landlord/Tenant Responsibilities and Remedies) Rental Agreements; Rules and Regulations; Landlord Responsibilities, Remedies; Tenant Responsibilities, Remedies; Abandoned Dwelling Units.
(Grounds for Eviction) Notice to Quit Requirements; Serving the Notice to Quit; Pre-Eviction Options.
(Judicial Eviction Procedures) Summons and Complaint; Action Upon Filing Complaint; Commencement of Proceedings; Defenses; Discovery and PreHearing Proceedings; Evidence; Burden of Proof; Judgment; Form of Judgment; Execution of Judgment; Stay of Execution; Appeals; Miscellaneous Complaints and Claims; Notice to Leave the Premises; Forcible Eviction; No Self-Help Eviction; Security Deposits.
(Miscellaneous Provisions) Effective Date; Retroactive Effect.
1 GENERAL PROVISIONS. Natural Resource Committee; Licenses; Rules and Regulations; State Rights Unaffected
2 CULTURAL FISHING. Generally; Who May Engage in Cultural Fishing; Season; Hours; Gear; Sites; Tags; Taking of Steelhead Prohibited; No Commercial Use.
3 CULTURAL HUNTING. Generally; Who May Engage in Cultural Hunting; Season; Cultural Hunting Area; Controlled Hunts; State Regulations to Apply; Tags; No Commercial Use.
4 SUBSISTENCE SUPPLY. Subsistence Fish Supply; Subsistence Game Supply.
5 GATHERING. Gathering Policy; Gathering of Eels and Seaweed; Shell Fish Gathering General Regulations; Species Specific Harvest Methods and Other Regulations; No Commercial Use.
6 VIOLATIONS AND ENFORCEMENT. Relationship to State Law. Violations. Notice of Violations. Consideration by Committee. Penalties; Appeal.
1 GENERAL PROVISIONS. Jurisdiction. Jurisdictional Agreements; Consolidation of Cases; Parties to Child Custody Proceedings; Responsibilities of Parents, Guardians, and Custodians; Medical Examinations; Payment of Fees and Expenses; Child's Testimony by Videotape; Records Maintenance and Confidentiality; Modification of Court Orders; Request for a New Hearing.
2 TRANSFERS AND INTERVENTION. Policy Regarding the Transfer of Child Custody Proceedins Taking Place in State Court; Procedure for Transfer; Petition for Transfer by a Party Other Than the Tribe; Transfers Involving Jurisdictions Other Than State Court; Intervention in Child Custody Proceedings.
3 CHILDREN IN NEED OF CARE. Policy; Duty to Report Child Abuse and Neglect; Investigation and Evaluation of Reports of Child Abuse and Neglect; Voluntary Cases; Emergency Custody; Preliminary Inquiry Hearing; Petition; Adjudicatory Hearing.
4 DISPOSITION AND REVIEW OF CHILDREN FOUND TO BE IN NEED OF CARE. Pre-Dispositional Report; Dispositional Hearing; Disposition of Children-in-Need-of-Care; Review of Dispositional Order; Permanency Planning Hearing.
5 OUT-OF-HOME PLACEMENT ALTERNATIVES. Voluntary Placements; Foster Care. Permanent Guardianships; Residential Facilities; Customary Adoptions; Termination of Parental Rights; Adoption.
6 EMANCIPATION. Requirements for Emancipation; Initiation of Emancipation Hearing; Consent; Legal Representative; Power of an Emancipated Child.
7 IMMUNITY AND SEVERABILITY.
Who is Protected by the Tribe's Sovereign Immunity; Scope of Waiver of Tribal Sovereign Immunity; Waiver of Tribal Sovereign Immunity in Tribal Ordinances; Form of Waiver of Tribal Sovereign Immunity; Forum for Waiver of Tribal Sovereign Immunity; Legal Opinion; Registry.
2 DEFINITIONS. Conformity to State Law.
3 POWERS OF ENFORCEMENT. Powers; Limitations on Powers; Inspection Rights.
4 SALES OF LIQUOR. Licenses Required; Sales for Cash; Sale for Personal Consumption.
5 LICENSING. Requirements for Application for Tribal Liquor License; Hearing on Application; Temporary Permits; Conditions of the Tribal License; License Not a Property Right; Assignment or Transfer.
6 RULES, REGULATIONS AND ENFORCEMENT. Sales or Possession with Intent to Sell Without a Permit. Purchases from Other than Licensed Facilities; Sales to Persons Under the Influence of Liquor; Consuming Liquor in Public Conveyance; Consumption or Possession of Liquor by Persons Under 21 Years of Age; Sales of Liquor Under 21 Years of Age; Transfer of Identification to Minor. Use of False or Altered Identification; Violation of this Ordinance; Acceptable Identification; Possession of Liquor Contrary to this Ordinance; Disposition of Seized Contraband.
7 TAXES. Sales Tax; Payment of Taxes to Tribe; Taxes Due; Reports; Audit.
8 PROFITS. Disposition of Proceeds;
9 SEVERABILITY AND MISCELANEOUS. Severability; Prior Enactments; Conformance with Oregon Laws; Effective Date.
11 SOVEREIGN IMMUNITY.
Priority; Recording; Mortgage and Foreclosing Proceedings; Service of Process and Procedures; Cure of Default by Subordinate Lienholder; Power of the Tribal Court.
Mortgage Eviction Procedures. Jurisdiction; Unlawful Detainer; Procedures for Service of Notice; Complaint and Summons; Service of Summons and Complaint; Power of the Tribal Court; Enforcement; Continuances in Cases Involving the Mortgage; Alternative Remedies; No Merger of Estates; Certified Mailing to the Tribe and Lessor; Intervention; Appeals.
Jurisdiction, Grounds; Notice of Application and Decree, Certificate, Minor Children; Application by Emancipated Minor Child, Court Conference; Application by Unemancipated Minor Child. Application by Unemancipated Minor Child.
Offense; Defenses; Restitution; First Offense; Exception to Parent, Guardian, or Person with Legal Responsibility.
1 GENERAL POLICIES . Summary . Delegation Of Authority . Updating And Revisions . Conduct Policy . Non-Discrimination Policy . Hours Of Work . Smoke Free Workplace Policy . Definition Of Work Week . Definition Of Times . Overtime Pay . Compensatory Time . Confidential/Privileged Information . Representation Of The Tribe . Attendance At Tribal Meetings . Absence From Work . Office Dress Code . Child Abuse Reporting Requirement . Adverse Weather Conditions . Secondary Employment . Wellness/Fitness Program .
2 PAYROLL PRACTICES . Timesheets . Pay Days . Leave Adjustments . Employee Deductions/ Benefits . Final Paycheck Policy .
3 HIRING POLICIES . Delegation Of Authority . Tribal Regulations Applied To Job Vacancies . Procedures For Filling Job Vacancies .
4 EMPLOYEES TRAINING AND ORIENTATION . New Employee Orientation . Skill Development And Training - Employee Development Plan .
5 PERFORMANCE EVALUATIONS . Timing Of Evaluations . Procedures For Evaluations .
6 SALARY ADMINISTRATION . Salary Schedule . New Employees . Merit Increases . Change In Job Assignment . Position Reclassification . Temporary Assignments . Hired For A New Position .
7 EMPLOYEE RECOGNITION AND INCENTIVE AWARDS . Goal Of Recognition And Incentive Awards Program . Incentive Committee . Nominations And Awards . Definitions . Eligibility . Award Presentation And Publicity .
8 EMPLOYEE CLASSIFICATION . Classes Of Employees .
9 EMPLOYEE LEAVE POLICY . Annual Leave . Sick Leave . Holiday Leave . Funeral Leave . Administrative Leave . Leave Without Pay . Family / Medical Leave . Annual Leave Donation Policy (DAL) .
10 DISCIPLINARY ACTION . General Principles . Grounds For Disciplinary Action . Levels Of Disciplinary Action . Oral Or Written Reprimand . Suspension . Probation . Discharge .
11 TERMINATION OF EMPLOYMENT . Discharge Authority . Procedures For Discharge . Layoff (Reduction In Force) . Resignations . Exit Interviews .
12 GRIEVANCES AND EMPLOYEE APPEALS . Informal Grievance Resolution . Formal Grievances Policy . Grievance Conflict Of Interest . Procedure Where Grievance Is Against The General Manager . Employee Appeal of Disciplinary or Adverse Personnel Action . Review Board .
13 HUMAN RESOURCES RECORDS AND REPORTS . Employee Personnel Records . Personnel Report .
14 EMPLOYEE ASSISTANCE PROGRAM (EAP) . Purpose . Background . Policy .
15 DRUG FREE WORKPLACE POLICY . Policy . Violations of the Policy . Employee Drug Testing Program . Criminal Drug Workplace Violation Reporting Requirements . Probably Cause for Search Policy .
16 PRODUCTIVE WORK ENVIRONMENT POLICIES (PWEP) . PWEP Policy. Prohibited Conduct . Responsibilities . Complaint Procedure and Disciplinary Process .
17 SAFETY . Purpose . Responsibility . Safety Rules . Temporary Alternate Work Assignments . Early Return-to-Work Guidelines .
18 APPENDICES . APPENDIX A - Definitions
Procedure for Access to or Copying of Tribal Records by Tribal Members; Procedure for Access to or Copying of Tribal Records by Non-Members of the Siletz Tribe; Sovereign Immunity is not Waived.
Permit Required; Projects not Required to Obtain Permit or Contract; Clearinghouse Established; Obtaining a Permit; Clearinghouse Research Review Process; Decision on Proposal; Research Contract and Permit; Reporting and Review Requirements; Reservations and Termination of Projects; Enforcement.
Tribal Council Findings; Jurisdiction; Registration of Labor Organizations and Business Agents; Reporting Requirements; Freedom of Choice and Employment Rights; Violations of Ordinance; Penalties; Civil Remedies; Severability; Sovereign Immunity.
Scope of the Rules; Authority and Basis of Decisions; Preliminary Provisions; Trial (Judge, Jury; Evidence; Continuances; Open Proceedings; Exclusion Of Witnesses; Expert Witnesses; Interpreters; Motions for Acquittal; Instructions; Verdict) Judgment (Sentencing; Probation; Parole; Vacating Sentence; Fines; Disposition of Confiscated Property; New Trial); Appeal.
Establishment of Commission; Budget, Staff; Commission Qualifications, Removal From Office; Authorized Sporting Activities; Regulation of Authorized Sporting Activities; Amendment.
1 GENERAL PROVISIONS: No Waiver of Sovereign Immunity; Insurance; Acknowledgment of Ordinance; Notification to Employer of Injury by Worker; Time Limits for Reporting of Incidents and Filing of Claims; Burden of Proof; Right to Waive Defenses; Guardian for Minor or Incompetent.
2 ADMINISTRATIVE DUTIES AND POWERS: Custodian Duties; Payment and Distribution of Benefits; Tribal Workers Benefit System Administrator Powers and Duties; Acceptance/Denial of Claim.
3 COVERAGE AND COMPENSABILITY: Entitlement of Benefits; Disclosure of Pre-Existing Disabilities/Conditions; Mental Trauma Injuries; Going To and Returning From Work; Benefits Precluded by Neglect and/or Refusal of Worker to Submit to Treatment; Benefits Not Payable.
4 BENEFITS - GENERAL PROVISIONS: Right to Compensation and Medical Treatment Benefits; Workers Benefit as Exclusive Remedy; Effect of Compensation Paid in Other Jurisdictions or Third Party Recovery; Liability of Third Parties - Subrogation; Assignability of Benefits - Attachment of Liens; Aggravation of Pre-existing Disease or Condition; Termination of Benefits Upon Death.
5 BENEFITS: Vocational Rehabilitation; Waiting Period; Total Disability and Partial Disability Income Benefits; Impairment Benefits; Benefit Issuance Period; Not to Exceed Pre-Injury Average Weekly Wage; Benefit Offset.
6 DEATH BENEFITS: Distribution and Redistribution of Benefits; Verification of Eligibiliy; Burial Benefits.
7 MEDICAL BENEFITS: Entitlement to Medical Benefits; Right to Select Physician, Employer Selection; Release of Medical-Related Information; Medical Expenses; Settlement of Future Medical Expenses.
8 ADJUDICATION OF DISPUTES: Appeals from Decisions of the Administrator; Dispute Resolution; Mediation; Request for Arbitration or Mediation; Discovery; Conduct of Hearing; Burden of Proof; Law to Apply; Effect of Request for Hearing; Severability; Sovereign Immunity.
Standing Committees (Education, Natural Resources, Health, Cultural Heritage, Housing, Budget, Pow-Wow, Enrollment); Committee Structure; Appointments and Removals; General Responsibilities; Committee Meetings; Committee Chairmen; Reports to Council; Compensation; Ex-Oficio Members; Vacancies; Geographic Distribution of Committee Members; Conflicts.
General; Structure; Authority of the Board; General Authority of the Economic Development Director (EDD); EDD Responsibilities to the Board; Sue and be Sued; Limitation of Powers; Ownership of Assets; Records and Accounting; Dissolution.
Free Use Stumpage Permits; Paid Stumpage Permits; Material to be Harvested; Free Use Permits for Other Activities; Free Fuel Wood for Needy Tribal Members; Interference with Timber Sales; Violations; Notice of Violations; Consideration by Committee; Penalties; Appeal; Enforcement; Jurisdiction Over Non-Tribal Members.
Establishment of Tobacco Outlets; Nature of Outlet; Application for Tobacco Outlet License; Conditions for Application and Approval of Tobacco Outlet License; Tobacco Outlet License; Expiration; License Renewal; Revenue Stamp Requirement; Restricted Sales to Minors; Tribal Immunity - Liability - Credit; Operating Without a License; Revocation; Violation - Penalties; Non-Application to Tribe; Severability.
Scope of Liability of Tribal Body, Officers, Employees, and Agents; Amount of Liability; Notice of Claim, Time of Notice, Time of Action; Insurance Against Liability, Self-Insurance Allocation; The Tribe Shall Indemnify Tribal Officers, Procedures for Requesting Counsel, Extent of Duty of teh Tribe, Obligation for Judgment and Attorney Fees; Settlement of Claims by Local Tribal Body; Payment of Judgment or Settlement; Remedies for Nonpayment, Installment Payments; Actions and Suits by the Tribe; Proceedings by the Tribe to Enforce Ordinances and Resolutions; Contract and Other Actions and Suits Against the Tribe or Tribal Bodies; Satisfaction of Judgment Against Tribal Corporation; Prohibition of Confidential Settlements and Compromises , Exception; Civil Claims Against the Siletz Tribe Under the Indian Civil Rights Act; Available Remedies, Amount of Liability; Notice of Claim, Time of Notice, Time of Action.
Tax Imposed; Collection of Tax by Operator - Rules for Collection; Operator's Duties; Exemptions; Registration of Operator; Payment of Tax; Delinquency; Deficiency Determination; Fraud, Refusal to Collect, or Evasion; Operator Delay; Redeterminations; Refunds; Collection Fee; Administration; Appeals; Penalty.
Ethical Obligations; Expulsion and Sanctions of Tribal Council Members; Confidentiality; Role of Accused Tribal Council Member; Severability.
Meetings; Order of Business; Agenda; Recess; Quorum; Decisions and Voting, Incapacity of Tribal Council Member; Open Meetings; Ordinances; Resolution; Minutes; Committees; Limitation on Debate; Tribal Council Officers; Litigation; Order; Records; Compensation of Tribal Council Members; Violation Procedure; Sanctions; Appeal.
1 COURT STRUCTURE AND COURT PERSONNEL: Establishment of Court Rules; Establishment of the Court; Jurisdiction of the Court: General; Jurisdiction of the Siletz Community Law Court; Jurisdiction of the Siletz District Court; Jurisdiction of the Siletz Court of Appeals; Jurisdiction of the Siletz Gaming Court; Jurisdiction of the Siletz Commercial Court; Time for Filing.
2 COURT PERSONNEL: Judicial Officers; Chief Judge; Associate Judges; Pro-Tem Judges; Mediators; Removal of Judges; Court Clerk; Legal Interns; Court Interpreters; Tribal Bar.
3 EXPLANATION OF PETITION, PRE-HEARING, HEARING & TECHNICALITIES: Starting of an Action; Time; Pleadings; Motions and Orders; General Rules of Pleading; Form of Pleadings; Defenses and Objection; Counterclaim or Crossclaim; Amendment of Pleadings; Parties; Discovery; Postponement; Consolidation; Separate Trials; Evidence; Subpoenas; Hearing on the Merits; Presiding Judge; Conduct of the Hearing on the Merits; Burden of Proof; Rules of Evidence; Privileged Communications; Continuances; Remedies; Motions for Directed Verdict and for a Judgment not Withstanding the Verdict; Findings by the Court; Judgment, Costs; Default; Declaratory Judgment; Summary Judgment; Entry of Judgment; New Trials, Amendments of Judgments; Harmless Error; Stay of Proceedings to Enforce a Judgment; Disability or Disqualification of a Judge; Injunctions; Duty to Mitigate Damages; Complaints; Open Proceedings; Exclusion of Witnesses; Expedited Hearings; Remedies.
4 RULES FOR APPEALS OF TRIBAL DEPARTMENT ADMINISTRATIVE ACTIONS: Review of Tribal Administrative Decisions.
5 RULES OF APPEAL TO APPELLATE COURT FROM TRIBAL COURT: Appeals from Tribal Court Appellate Rules.
6 CONTEMPT, EXPULSION, & CONSTRUCTION: Civil Contempt of Court; Expulsion of Council Members; Construction.
Procedure; Distributions to Minors, Adults Under a Legal Disability, and to Deceased Tribal Members; Attachment of Distribution Monies; Taxation of Distribution Monies; Enforcement.
Development of the Plan . Contents of the Plan . Implementation of the Plan . Changes in the Plan . Contents of the Budget . Implementation of the Budget . Changes in the Budget . Timeframes . Operations Reports . Financial Reports . Reports to Tribal Council . Availability of Annual Report . Financial Audits . Delegations of Authority . Grant Requests And Development of New Programs And Services . Program Records . Termination of Programs . Procurement . Tribal Debarment. Qualified Bidders List . Bonds . Assistance to Small And Other Businesses . Indian Preference in Procurement Requirements . Ethics in Public Contracting . (B) Conflict of Interest . (C) Gratuities, Kickbacks, And Use of Confidential Information . Types of Contracts, Clauses, And Contract Administration . Payment Methods . Property . Travel on Tribal Business . Travel Advances And Reimbursements . Private Vehicle Mileage Reimbursement . Standard Mileage . Per Diem . Reduction to Per Diem . Lodging Receipts . Lodging With Friends Or Relatives . Lodging . Commercial Transportation . Reimbursable Travel Expenses . Car Rentals . Car Pools . Receipts . Other Reimbursable Expenses . Siletz Tribal Fleet And Other Vehicle Use Policy . Expense Billings, Mileage Billings & Reimbursements, And Miscellaneous. Employee Time Reports/Sheets . Use of Tribal Telephones/Cell Phones . Use of Legal Services . Information Systems Policy . Internet Access Policy . Social Media Policy . E-Mail Policy . Tribal Office Policy . Facility Access Policy . Conduct Policy . Client Information Sharing Policy . Tribal Credit Card Policy . Financial Records Policy . Accounting Practices Policy . Disbursements of Funds Policy . Receipt of Funds Policy . Payroll Practices Policy . Accounts Receivable Policy . Accounts Payable Policy . Fringe Benefits Committee Policy . 401(K) Retirement Plan Committee Policy . Appendix A: Annual Tribal Calendar . Appendix B: Tribal Service Area Maps . Appendix C: Oregon State Map . Appendix D: Eleven County Map With Cities . Appendix E: Office Emergency Evacuation Plan .
[Table of Contents created by NILL in March 2015, based on materials available on tribe's website.]