Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code

TITLE 1 - GENERAL PROVISIONS

CHAPTER 1-7 RULES OF PROCEDURE, TRIBAL CODE AMENDMENT AND CODIFICATION

1-7-1 General

Rule I Definitions

(a) 'Agency' means the Siletz Indian Agency of the United States Department of Interior, Bureau of Indian Affairs, Siletz, Oregon.

(b) "Amendment" means an amendment to the Code proposed for adoption by the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Tribes) Tribal Council as provided by these rules.

Rule 2 Purpose and Effect of Rules

These rules shall govern the amendment, organization and codification of the Code of the Tribes. Any violation of the procedures specified in these rules shall, in an of itself, have no legal effect on any Code amendment adopted by the Tribal Council and shall not be construed by the Tribal Court or otherwise to influence in any way the force and effect of any of the provisions of or amendments to the Code of the Tribes.

1-7-2 Amendment of Code

Rule 3 Process

(a) A proposed amendment to the Code shall be in writing and presented to the Tribal Council. Any proposed amendment shall include:

(1) the reason for the proposed amendment;

(2) the specific action the proponent wishes the Tribal Council to take on amendment; and

(3) the Code Sections which would be amended (each numbered) or a statement that the amendment would create new Sections; and

(4) a completed Code Revision Cover Sheet.

(b) Proposed amendments shall be delivered to each Tribal Council person at least one (1) week prior to the Tribal Council's regular monthly meeting, held the second Sunday of each month.

1-7-3 Codification of Code

Rule 4 Codification

Following the date of adoption of these rules, any amendments or other revisions to the Code by the Tribal Council that affect codification, organization, references, formatting or other structural features of the Code shall be as follows:

(a) Organization, Chapters, Titles:

The Code shall be organized in groups of "Chapters" with similar subject matter. Each subject matter grouping shall be designated as a "Title" of the Code, and shall be identified by a whole number. For example, the second Title of the Ordinance covering Rules of Procedure shall be designated Title 2.

(b) Numbering and Division of Chapters:

Chapters (formerly identified as Ordinances) shall be designated an identifying number under its Title grouping and shall adhere to the following numbering system: Each Chapter shall be identified by the Title number followed by a dash (-) and the whole number designated sequentially for that Chapter. For example, the first Chapter in the first Title of the Code shall be identified as Chapter 1-1, the next as Chapter 1-2 and so on. When necessary, Chapters may be further delineated into "Subchapters" followed by "Parts" which are not numbered but rather identified by name.

Chapters, Subchapters or Parts are further divided into Sections which shall adhere to the following numbering system: Each Section shall be identified by the Title number followed by a dash (-), then the Chapter number followed by a dash (-), and the whole number designated sequentially for that Section. For example, the first Section of Chapter 1-1 shall be identified as CLUSITC 1-1-1, the next as 1-1-2, and so on. Sections may be divided into Subsections which shall be designated sequentially by small letters in parentheses in alphabetical order. Subparts of these subsections shall be designated by whole numbers in parentheses. Subparts may be further divided into Sub-subparts designated by capitol letters in parentheses. These Sub-subparts may be broken down further indicated by (i), (ii), etc.

Rule 5 Standard Format

The standard format for the Code Codification is shown below:

Title 1
Chapter 1-1

Subchapter
Part

1-1-Section

(a) Subsection

(1) Subpart

(b) Subsection

(1) Subpart

(A) Sub-subpart

(B) Sub-subpart

(i)

(ii)

Rule 6 Example

An example of the codification system is as follows:

TITLE TITLE 1 - GENERAL PROVISIONS

CHAPTER CHAPTER 1-1 ADMINISTRATION OF TRIBAL COURT

SUBCHAPTER

PRELIMINARY PROVISIONS

SECTION

1 -1 -1 Constitutional Authority

This Code is adopted pursuant to the authority vested the Tribal Council under Article I - Section 1 and Article VI - Section 2 of the Constitution of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians.

Subsection

(a) The Tribal Court shall have jurisdiction over all offenses enumerated in this Code or in other enactments of the Council.

Rule 7 Expansion of Code

Any new Chapters added to certain Titles by the Tribal Council shall be designated identifying numbers that follow sequentially from the Chapters already identified in the Title. For example, if Title 5 has three Chapters in it (designated Chapters 5-1, 5-2 and 5-3) the next Chapter added to that Title shall be designated Chapter 5-4.

Rule 8 References and Citations

Any references to the Code in any regulation, policy, resolution, Tribal Court opinion or other material adopted or produced by any department or entity of the Tribes following any duly adopted re-codification, reorganization or other changes in the material referenced shall conform to and reflect such changes to the extent necessary and practical. When referencing or citing a provision of the Code, such provision may be referenced or cited as follows: the letters CLUSITC followed by the appropriate Title, Chapter and Section numbers, and where applicable, the letters and numbers of the referenced subsection in parentheses. For example, when citing subsection (a) above, the citation should read CLUSITC 2-1-2(a).

Rule 9 Conversion Chart

[RESERVED]

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

RULES OF PROCEDURE, TRIBAL CODE AMENDMENT AND CODIFICATION

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Rules of Procedure, Tribal Code Amendment and Codification", Resolution No. 01-097, Ordinance No. 033, on December 17, 2001 at a special Tribal Council meeting. Vote was 6 (for), 0 (against) and 0 (abstaining).

CHAPTER 1-8 GOVERNMENT-TO-GOVERNMENT CONSULTATION

1-8-1 Authority and Purpose

(a) The authority for this Code is found in the Tribal Constitution under Article VI, Section 2.

(b) To provide for continuity in the government-to-government consultation process between the Tribes and federal agencies of the United States.

1-8-2 Background and Intent

The Council, as the governing body of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes), has determined that the interests of the Tribes are best served by providing guidance on government-to-government consultation since the process may have an impact on tribal rights and resources and is rooted in tribal sovereignty and federal policy.

(a) Federal Policy

(1) Executive Order 13084, Consultation and Coordination with Indian Tribal Governments, signed on May 14, 1998, directs federal agencies to respect tribal self-government and sovereignty, tribal rights, and tribal responsibilities whenever they develop policies "significantly affecting Indian tribal governments." Additionally on April 29, 1994, President Clinton executed a Presidential Memorandum directing agencies to "assess the impacts of Federal Government plans, projects, programs, and activities on tribal trust resources and assure that Tribal government rights and concerns are considered during the development of such plans, projects, and activities." Consequently, federal agencies have an affirmative obligation to protect tribal interests including those associated with tribal culture, religion, lands, subsistence, and commerce. Meaningful and timely consultation with the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians is a vital component of this process.

(2) The Advisory Council on Historic Preservation has issued regulations dealing with consultation under Section 106 of the Historic Preservation Act. Federal agencies are required to consult with tribes when they attach religious or cultural significance to an historic property regardless of the location. Accordingly, agencies must make a reasonable and good faith effort to identify tribes that attach such significance but may now live at great distances from the undertaking's area of potential effect. The regulations also provide for a tribe to enter into an agreement with a federal agency regarding any aspect of tribal participation in the review process. The agreement may provide the tribe with additional participation or concurrence in agency decisions under Section 106 provided that no modification is made to the roles of other parties without their consent.

(b) Intent

It is the intent of the Council to provide a consistent approach to government-to-government consultation to provide for meaningful and effective mutual decision-making.

1-8-3 Guiding Principals

Consultation is the formal process of cooperation, negotiation, and mutual decision-making between two sovereigns.

(a) Federal Responsibilities

Federal agencies have the obligation of seeking out tribes and providing meaningful opportunities for consultation. This generally means much more than public participation efforts such as sending letters, notices, and copies of documents to tribes and requesting comment. Where many public participation opportunities exist for a set period of time, consultation with the tribal government should be on an ongoing basis. Federal agencies must make concerted efforts to provide meaningful involvement in decision-making. It is important to understand that a tribe may elect not to participate in consultation or may decide to limit the scope of their consultation as necessary.

(b) Levels of Operation

Consultation operates at both policy and technical levels. It is the process through which the sovereigns develop a common understanding of technical and legal issues related to a decision and then use this understanding to formulate a decision. Meetings at both levels occur to differentiate between technical and policy issues.

Meaningful consultation requires that tribes and federal agencies understand their respective roles in the decision-making process. Tribes and federal agencies must understand the legal underpinnings of the government-to-government relationship and the obligations of the federal government under the Trust doctrine. Federal agencies will benefit from some understanding of the Confederated Tribes' unique culture, perspective, governmental infrastructure, and resources. Tribal governments must understand the policy decision-making authority of the federal agency and the non-tribal politics of the federal decision that the consultation will affect.

(d) Communication

Personal communication between agency and tribal officials will facilitate the decision-making process. Tribes cannot understand the political implications the decisions will have on the federal agency without personal communication. Similarly, the federal government cannot understand tribal issues and concerns without meeting with tribal officials and staff to discuss those issues and concerns. Without communication, consultation is meaningless and a mutual decision is difficult or impossible.

1-8-4 Objectives of Consultation

The Council hereby establishes objectives to be met by those participating in the government-to-government process, including but not limited to the following:

(a) Assure that the Council understands the technical and legal issues necessary to make informed policy decisions;

(b) Assure federal compliance with trust obligations as well as other applicable federal laws and policies affecting tribal rights, resources, culture, religion, subsistence and commerce;

(d) Achieve bilateral decision-making between two sovereigns;

(e) Ensure the protection of tribal resources, culture, religion, and economy;

(f) Ensure compliance with tribal laws and policies;

(g) Develop and achieve mutual decisions through a complete understanding of technical and legal issues;

(h) Improve the integrity of federal-tribal decisions.

1-8-5 Establishment of Point of Contact

(a) The Council is the official point of-contact for government-to-government consultation unless Council chooses to designate a point-of-contact for a specific issue or range of issues.

(b) Council may designate an alternate point-of-contact by issuing a written statement signed by Council Chairperson or Vice Chair.

1-8-6 Consultation Procedure

The Council hereby establishes the procedure for government-to-government consultation. The following procedure may be modified by the Council to suit the needs of the decision-making process and formulation of a decision:

(a) The federal agency contacts the Council or its appointed point-of-contact to notify the Tribes of an impending project proposal or to conduct an activity that may or may not affect a tribal resource.

(b) The Council responds to the agency that the issue is important and that it would like to initiate consultation.

(c) Council requests federal agency technical experts meet with tribal technical staff or Council requests a policy-level meeting, initiating consultation.

(d) Technical staffs meet to discuss technical and legal issues. Tribal staff understands the proposal. Federal agency staff understands at a technical level why the proposed activity is of concern to the Tribes.

(e) Tribal staff briefs Council and provides opinions and recommendations.

(f) Council contacts the federal agency to initiate consultation between policy-level decision-makers from the Tribes and the federal agency.

(g) Additional meetings are held if necessary.

(h) The federal agency and the Tribes formulate a decision. Assurances are made that the decision is consistent with applicable federal and tribal laws and policies.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

GOVERNMENT-TO-GOVERNMENT CONSULTATION

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Government-to-Government Consultation Code", Resolution No. 01-089, Ordinance No. 029, on December 9, 2001, at a regular Tribal Council meeting. Vote was 7 (for), 0 (against) and 0 (abstaining).

CHAPTER 1-9 TRIBAL COUNCIL

1-9-1 Authority and Purpose

(a) The authority for this Code is found in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians' (Tribes) Constitution, Article VI - Section 2.

(b) The purpose of this Code is to set forth uniform policies and procedures to promote effective performance of the responsibilities of the Tribal Council, to facilitate orderly and productive meetings and efforts in conducting tribal business and establish clear expectations of the Tribal Council.

1-9-2 Background

(a) Tribal Council has set forth the structure and roles of tribal government, providing for delegations of responsibilities and authorities to various work units of tribal government.

(b) Tribal Council has reserved to itself the legislative responsibility and authority and other responsibilities and authorities not specifically delegated by law.

(c) It is the intent of the Tribal Council that this Code will provide guidance to present and future Tribal Councils in carrying out their efforts and actions in accomplishing the role of tribal government and provide for continuity in conducting tribal business.

1-9-3 Applicability

The provisions of this Code shall apply to all Tribal Council members.

1-9-4 Taking Office

(a) Beginning of Terms

(1) New Tribal Council members shall assume office upon certification of the vote by the election board. Certification shall occur within twenty-four (24) hours from the time of the election. At the next scheduled Tribal Council meeting following the election, the Election Board Chairman shall administer a Ceremonial Oath of Office to each newly elected Tribal Council member. The Oath shall be as follows:

"I ___ (name) ______, do solemnly swear that I will uphold the Constitution and laws of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon, that I will serve the Tribes to the best of my ability, that I will work for the entire membership of the Tribes, that I will responsibly represent the Tribes, that I will carry out the directions of the Tribal Council, that I will declare when a conflict of interest could affect the performance of my duties on behalf of the Tribes and that I will perform all duties required of me by the Constitution and laws of the Tribe."

1-9-5 Vacancies on Tribal Council

(a) Manner of Vacancies

A Tribal Council seat may become vacant in the following ways:

(1) Death, disability or resignation of a Tribal Council Member.

(2) Failure of a Tribal Council member to attend regular meetings, as required by the Tribal Constitution under Article VI - Section 4(a), on three (3) consecutive occasions without a written excuse accepted by a majority vote of the other members of the Tribal Council, according to the terms of Article IX - Section 1 of the Tribes' Constitution.

(3) Removal of a Tribal Council member pursuant to Article X - Section 1 of the Tribes' Constitution.

(4) Recall of a Tribal Council member pursuant to Article X - Section 2 of the Tribes' Constitution.

(b) Filling Vacancies

In the event that a Tribal Council seat becomes vacant between elections, said vacancy shall be filled according to the terms of Article IX - Section 1 of the Tribes' Constitution and the term of the replacement shall expire at the same time the original incumbent's term would have expired.

1-9-6 Officers of the Tribal Council

(a) Election of Officers

The officers of the Tribal Council shall consist of a Chairperson, a Vice-Chairperson and other officers elected by a vote of the Tribal Council from within its membership. At the Tribal Council meeting to elect new officers, the Chief of the Tribes shall chair the meeting until a new Chairperson is elected. The Chief of the Tribes shall have the right to vote for officers. Officers of the Tribal Council shall be elected by a majority vote of the members of the Tribal Council. A Tribal Council member may nominate a fellow member for office. Such nomination must be seconded by another Tribal Council member or the nomination will be deemed withdrawn. Notwithstanding subsection 1-9-8(a)(4)(D), all Tribal Council members, including the Chairperson, may vote for officer positions including a position he or she is nominated for.

(b) Terms of Office

Except as provided in Section 1-9-6(d) below, the officers of the Tribal Council elected pursuant to Section 1-9-6(a) shall hold office from the time of their election as officers until their current term on Tribal Council expires.

The officers of the Tribal Council are hereby assigned the following duties and responsibilities:

(1) Chairperson

The Chairperson is the chief spokesperson for the Tribes, represents the Tribes by name and title, corresponds with other governments and entities on behalf of the Tribes and carries out the following duties:

(A) Calls for and presides over regularly scheduled meetings for the Tribal Council, General Council and other meetings considered necessary to conduct tribal business pursuant to Article VI - Section 4(a) of the Tribal Constitution.

(B) Coordinates with Tribal Administrator and communicates directions from the Tribal Council.

(C) Shall set the agenda of regular meetings of the Tribal Council.

(D) Calls for and presides over Special Meetings of the Tribal Council pursuant to Article VI - Section 4(e) of the Constitution.

(E) Presents and explains the position of the Tribes on all matters of importance.

(2) Vice-Chairperson

The Vice-Chairperson shall assist the Chairperson in the duties of the office and carry out the duties of the Chairperson in his/her absence.

(d) Removal of a Tribal Officer from His or Her Office

A Tribal Council officer may be removed from his or her office for significant and continued failure to perform the duties of his or her office, upon the vote of a majority of the members of the Tribal Council. Upon receiving a motion for removal of a Tribal Council officer, the Tribal Council shall provide the said officer at least two (2) weeks' notice from the date of the motion to prepare an answer to the charges contained therein and the officer shall be given a full and fair opportunity to respond at a regular meeting of the Tribal Council to the basis of the motion for removal. Upon the removal of an officer, a new officer shall be elected to fill the vacant office at the next regular meeting of the Tribal Council, provided, that the new officer's term of office shall expire at the same time as the original officer's term of office would have expired or on the date when the new officer's current term as a Tribal Council member expires, whichever shall occur first.

1-9-7 Expectations of Tribal Council Members

All Tribal Council members are expected to:

(a) Attend all meetings of the Tribal and General Council unless excused from such meetings.

(b) Provide input on all matters coming before the Tribal Council, stating beliefs and providing alternatives and recommendations in all decision making.

(d) Carry out assignments on behalf of the Tribal Council in a timely manner.

(e) Serve on tribal committees as designated by the Tribal Council.

(f) Act in a professional and ethical manner and provide a positive community role model.

(g) Promote cooperation and teamwork between the Tribal Council and all other work units and tribal members.

(h) Shall not interfere with other work units, direct employees or others.

(i) Maintain impartial decision-making attitude; keeping personal and family matters separate.

(j) Shall not become personally involved in employee matters.

(k) Upholds the Tribal Constitution.

1-9-8 Tribal Council Meetings

Tribal Council meetings shall be conducted as follows:

(a) Meeting Procedures

The Constitution sets out certain procedural meeting requirements. The following additional, specific requirements are established as a supplement to those requirements, to provide for orderly meetings and informed decision making. These additional requirements shall be interpreted in a manner consistent with the Constitution:

(1) Quorum

Pursuant to Article VI - Section 4(b) of the Constitution, a quorum requires the presence of four (4) Tribal Council members. The Tribal Council may conduct tribal business only when a quorum is present to vote on a specific matter. In the absence of a quorum, the Chairperson (in the Chairperson's absence the Vice-Chairperson and in the absence of both, the Chief) shall announce the lack of a quorum; the Tribal Council may discuss relevant issues and hear from members of the Tribal Community and the general public but shall take no action.

(2) Chairperson to Preside

During a Tribal Council meeting, the Chairperson (in the Chairperson's absence the Vice Chair, and in the absence of both, the Chief) shall preside over meeting in the following manner:

(A) Calls the meeting to order at a place and time designated by the Tribal Council,

(B) Keeps order during meetings, including providing for an orderly process of recognizing all speakers wishing to address the Tribal Council, including Tribal Council members,

(C) Calls for and recognizes motions and second, and conducts voting on motions,

(D) Request the Tribal Chief to call for and conduct the vote to adjourn,

(E) Summarizes discussions and debates prior to a vote and

(F) Other duties as necessary to conduct orderly meetings and informed decision-making.

(3) Addressing Tribal Council

Any person present at a Tribal Council meeting, including Tribal Council members, wishing to address the Tribal Council may do so, subject to the following provisions. Speakers shall be recognized in turn, in an orderly manner, provided Tribal Council members shall have priority over others present.

(A) Tribal Council meetings are open only to tribal members and tribal staff unless otherwise opened to the public by Tribal Council action. The Tribal Council welcomes input from the General Council, staff or guests present. Tribal members will not be denied the opportunity to speak. However, the person must request the floor and the Chairman will recognize that individual.

(B) Persons speaking are not to be interrupted except for clarification.

(C) When voicing a complaint, persons will speak in a civil manner. The Tribal Council will not tolerate personal attacks on anyone.

(D) On an agenda matter, Roberts Rules of Order shall serve as guidelines. This will ensure that all interested persons will have the opportunity to present their stand on any issue, either for or against.

(E) Issues not being addressed on the agenda must wait for "Good of the Tribes". Each Speaker must submit a prepared statement prior to presentation to the Chairperson. Each speaker will be limited to five (5) minutes to present his or her statement.

(F) People should be an example for the next generation or anyone who looks to us for guidance.

(G) When the number of attendees requires the use of a Public Address System, each speaker wishing to address the Tribal Council must use a microphone. Otherwise, the Tribal Council will not consider the comments.

(H) Under the Tribal Constitution, the Tribal Council reserves the right to adjourn any meeting conducted by the Tribal Council. If malicious attacks are made against the Tribal Council and Staff, instead of asking constructive questions or voicing concerns relevant to tribal operations, the meeting may be adjourned.

4. Voting

A vote on a particular issue shall be binding when the following procedure is follows:

(A) A quorum is present when the vote is cast,

(B) A vote shall be taken when a Tribal Council member makes a motion and the motion is seconded, provided the Chairperson may not make motions or seconds, except the Chair may call for a motion and second in order to assist in conducting business,

(C) After a motion and second, the Chairperson shall call for a vote, either by voice or raised hands. The results shall be recorded--number for, number against and number abstaining. A Tribal Council member may have his or her specific vote on a matter included in minutes,

(D) The Chairperson may vote,

(E) A motion shall be considered approved and binding if there is a majority vote, except in matters where, as required by the Constitution, a larger than majority vote is required;

(F) The matter voted on cannot be a matter outside the authority delegated to the Tribal Council under the Constitution.

1-9-9 Travel Policy:

Tribal Council members traveling on official business shall be subject to the following requirements and procedures, to adequately account for travel expenses and avoid actual or apparent impropriety in the use of tribal funds.

(a) Air Travel

When required, the Tribes will pay for "coach" rates, unless "coach" rates are unavailable, or a Tribal Council member is physically handicapped, the Tribal Council may then allow first-class travel.

(b) Lodging

Tribal Council shall pay for lodging at the government rate, unless that rate is unavailable within a reasonable distance of the meeting being attended.

Tribal Council members who are on travel status may rent automobiles when necessary, provided a minimum of three (3) persons actually use the automobile, except less than three (3) persons may rent an automobile if necessary and no other means of transportation is available. Tribal Council members who are on travel status shall not rent luxury automobiles unless no non-luxury vehicles are available.

1-9-10 Prohibition of Tribal Council Members Salary Wages for performance of Tribal Council Duties

(a) Article V, Section 1(b) of the Tribes' Constitution states that the members of the General Council shall have the power to approve or disapprove any salary wages paid for performance of tribal council duties. Until General Council approves any salary wages for performance of Tribal Council duties, no Tribal Council member shall accept any salary wages for performance of Tribal Council duties.

(b) Tribal Council duties do not include any other duties performed by Tribal Council members that are not provided for in the Tribes' Constitution or delineated in this Code.

1-9-11 Tribal Council Member Employment

(a) No Tribal Council Member shall be a tribal employee during his or her term of office.

(b) A tribal employee does not include employment by economic enterprises of the Tribes.

1-9-12 Severability

If any provision of this Code is found to be invalid under applicable law, that provision shall be severed from this Code and the remainder of the Code shall remain in full force and effect.

1-9-13 Sovereign Immunity

Nothing in this Code shall be construed to have waived the sovereign immunity of the Tribes, any tribal entity, department or program, or any tribal official or employee, except as specifically and explicitly described herein.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

TRIBAL COUNCIL

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians amended the Tribal Council Ordinance, No. 049, and renumbered it No. 049A, at a regular Tribal Council meeting on July 11, 2004, with Resolution #04-053. The word "Tribal" was added before Council throughout the entire document. 1-9-1(b) "The purpose of this Code is" was added. 1-9-4(a)(1) - Beginning of Terms was eliminated and (or Tribal Council until an election board is established) was also eliminated. The sentence "No council member shall be a tribal employee during his or her term of office." was removed in 1-9-4. "Travel Policy", "Severability", and "Sovereign Immunity" were renumbered. Changes were made in 1-9-9(c) "Car Rentals". Sections 1-9-10 Prohibition of Tribal Council Members Salary Wages for Performance of Tribal Council Duties and 1-9-11 Tribal Council Member Employment were added.

The Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians amended Ordinance No. 024 and renumbered it Ordinance No. 049, at a regular council meeting, with Resolution #02-056, dated August 11, 2002, as follows:

1-9-4 (a) Beginning of Terms: (whole section replaced as below:)

Beginning of Terms: New Tribal Council members shall assume office upon certification of the vote by the election board (or Tribal Council until an election board is established). Certification shall occur within twenty-four (24) hours from the time of the election. At the next scheduled Tribal Council meeting following the election, the Election Board chairman shall administer a Ceremonial Oath of Office to each newly elected Tribal Council member. The Oath shall be as follows:

(Oath of Office)

No Council member shall be a tribal employee during his or her term of office.

The Tribal Court codified the "Tribal Council Code" in December 2001.

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Tribal Council" Ordinance, Resolution No. 00-034, Ordinance No. 024, at a regular Tribal Council Meeting on May 7, 2000.

CHAPTER 1-10 RESEARCH REGULATION

1-10-1 Authority

This Regulatory Chapter is established by the Tribal Council under authority contained in the Constitution of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes).

1-10-2 Purpose

The purpose of this Chapter is to regulate studies, surveys, research and service delivery projects on the Tribes' lands in order to preserve and protect the rights of the Tribes and their tribal members, their privacy and integrity and their interests in the results and products of such studies, surveys, research and service delivery projects.

1-10-3 Permit Required

Any individual, corporation, agency or institution, whether public or private wishing to undertake a study, survey or research project for any purpose on the Tribes' land, not specifically requested or contracted for by the Tribes, must first obtain a permit approved by the Tribal Council, or its designate, authorizing the conduct of such study, survey or research project on the Tribe's lands pursuant to provisions of this Chapter.

1-10-4 Written Agreement Required for Issuance of Permit

No permit will be issued for any study, survey or research project, not specifically requested or contracted for by the Tribes, unless and until the individual, corporation, agency or institution wishing to conduct the project has executed a written agreement with the Tribes regarding the manner in which the study, survey or research project is to be conducted, creating a fiduciary relationship and limiting the right of the individual, corporation, agency or institution conducting the study to publish the results or conclusions resulting therefrom without affording the Tribes an opportunity to review and comment upon the intended publication, and including whatever comments are officially made by or on behalf of the Tribes as part of the final published product.

1-10-5 Information Required for Issuance of Permit

No permit shall be issued for the conduct of any study, survey or research project until the following information has been provided to, and approved by the Chairman of the Tribal Council, or his/her designate:

(a) Name and signature of individual applicant or authorized agent of any corporation, agency or institution desiring to conduct or participate in the conduct of the study, survey or research project.

(b) Purpose of the study, survey or research, including whether it is being conducted for
profit.

(d) Methodology to be used in conducting the project.

(e) Names of all persons authorized to be involved and/or participate in the conduct of
the project, whether or not those persons will actually be present on the Tribes' lands during the term of the project.

(f) Dates between which the study, survey or research will be conducted on the Tribes' lands and indication of the location of sources of information to be investigated during the term of the project.

(g) A description of the intended final product of the study, survey or research project,
whether or not publication is intended.

(h) How the individual, agency or institution conducting the study, survey or research
project intends to use the results thereof.

(i) An indication of steps to be taken to insure the protection of the rights of individual
tribal members and their families and the rights of the Tribes.

(j) A performance bond in circumstances deemed appropriate by the Tribes.

1-10-6 Cancellation of Permit

The permit issued pursuant to this Chapter is conditional and may be canceled at any time if it appears that the individual, corporation, agency or institution conducting the study, survey or research project is deviating or has deviated from the study design approved in the granting of the permit, or from provisions of the required underlying agreement upon which issuance of the permit is based.

1-10-7 Refusal to Issue Permit

The Tribes retain the right to refuse to issue a permit if it is deemed that there is insufficient time for appropriate tribal review, evaluation, supervision or participation in the project.

1-10-8 Fee May Be Required

The Tribes reserve the right to charge a fee for issuance of a permit in the event that the subject study, survey or research project is being conducted for profit or if the results of the study, survey or research project or publication thereof, are intended to, or are likely to produce financial benefit to the individual, corporation, agency or institution conducting the study, survey or research project.

1-10-9 Permit Does Not Imply Endorsement

Issuance of a permit to conduct any study, survey or research project pursuant to provisions of this Chapter does not imply endorsement of the results or final product of the study or any publication derived from or based upon the results or final product of the study, survey or research project.

1-10-10 Reports to be Provided

At least one (1) copy of all interim an/or progress reports, and of the final report resulting from the study, surveyor research project, shall be furnished to the office of the Tribal Chairman without charge.

1-10-11 Penalties for Tribal Employees

Any employee of the Tribes who provides information from tribal files and records of any kind whatsoever to any individual, corporation, agency or institution conducting research not authorized pursuant to provisions of this Chapter, shall be subject to censure or dismissal from employment.

1-10-12 Penalties Generally

Any person attempting to conduct research not specifically requested or contracted for by the Tribes or permitted pursuant to provisions of this Chapter shall be subject to any and all civil or remedies available pursuant to the Tribal Code of the Tribes and the laws of the State of Oregon.

1-10-13 Effective Date of Chapter

This Chapter shall become effective upon the date of its adoption by the Tribal Council of the Tribes.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

RESEARCH REGULATION

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians enacted the "Research Regulation Code", Resolution 02-010, Ordinance No. 037, at a regular Tribal Council meeting on January 13, 2002. Vote was 7 (for), 0 (against) and 0 (abstaining).

CHAPTER 1-13 CODE OF JUDICIAL CONDUCT

1-13-1 Purpose

The purpose of this Code is to establish standards that shall apply to all proceedings in the Courts of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.

JUDICIAL RULE 1

JR 1-13-101 Maintaining the Integrity of the Judicial System

(a) A judge shall observe high standards of conduct so that the integrity, impartiality and independence of the judiciary are preserved and shall act at all times in a manner that promotes public confidence in the judiciary and the judicial system.

(b) A judge shall not commit a criminal act.

(c) A judge shall not engage in conduct that reflects adversely on the judge's character, competence, temperament or fitness to serve as a judge.

(d) A judge shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

(e) A judge shall not allow family, social or other relationship to influence judicial conduct or judgment.

(f) A judge shall not use the position to advance the private interests of the judge or any person, nor shall a judge convey or permit anyone to convey the impression that anyone has a special influence with the judge, but a judge may provide a character or ability reference for a person about whom the judge has personal knowledge.

(g) A judge shall not testify as a character witness except pursuant to subpoena.

(h) A judge shall not hold membership in any organization that the judge knows is a discriminatory organization.

JUDICIAL RULE 2

JR 1-13-201 Impartial and Diligent Performance of Judicial Duties

(a) A judge's performance of judicial duties shall take precedence over all other activities and a judge shall not neglect the business of the court.

(b) A judge shall provide to every person who has a legal interest in a proceeding, and to that person's lawyer, the right to be heard according to law.

(c) A judge shall not communicate or permit or cause another to communicate with a lawyer or party about any matter in an adversary proceeding outside the course of the proceeding, except with the consent of the parties or as expressly authorized by law or permitted by this rule.

(d) A judge may communicate ex parte when circumstances require for scheduling, administrative purposes or emergencies that do not deal with substantive matters or issues on the merits, provided that:

(1) the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication; and

(2) the judge makes provision by delegation or otherwise promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.

(e) A judge shall promptly disclose to the parties any communication not otherwise prohibited by this rule that will or reasonably may influence the outcome of any adversary proceeding. The disclosure shall identify the person with whom the communication occurred and the substance of the communication, and the judge shall give the parties a reasonable opportunity to respond to the information disclosed.

JR 1-13-202 Public Comment

(a) A judge shall not, while a proceeding is pending in any court within the judge's jurisdiction, make any public comment that might reasonably be expected to affect the outcome or impair the fairness of the proceeding. The judge shall require similar abstention on the part of court personnel who are subject to the judge's direction or control. This rule shall not prohibit a judge from making public statements in the course of official duties, from explaining for public information the procedures of the courts, from establishing a defense to a criminal charge or civil claim against the judge or from otherwise responding to allegations concerning the judge's conduct in the proceeding.

JR 1-13-203 Honesty, Trustworthiness, or Fitness

(a) A judge possessing knowledge that another judge or a lawyer has committed a violation of the rules of judicial or professional conduct or law that raises a substantial question as to that individual's honesty, trustworthiness or fitness as a judge or lawyer shall inform the Tribal Council of the Tribes and the Disciplinary Agency of the appropriate Bar Association.

(b) A judge possessing knowledge or evidence concerning another judge or lawyer shall reveal that knowledge or evidence on request by an authority empowered to investigate or act upon the conduct.

JR 1-13-204 Appointment

(a) A judge shall make any appointment only on the basis of merit.

JR 1-13-205 Disqualification

(a) A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality reasonably may be questioned, including but not limited to the following:

(1) the judge has a bias or prejudice concerning a party or has personal knowledge of disputed evidentiary facts concerning the proceeding;

(2) the judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously was associated served during the association as a lawyer in the matter, or the judge or the lawyer has been a material witness in the matter,

(3) the judge knows that the judge, individually or as a fiduciary, or the judge's extended family, wherever residing, or any other person residing in the judge's household has a financial interest in the subject matter in controversy, is a party to the proceeding or has any other interest that could be substantially affected by the outcome of the proceeding;

(4) the judge, the judge's extended family wherever residing, or any other person residing in the judge's household

(A) is a party to the proceeding, or an officer, director, partner or trustee of a party,

(B) is acting as a lawyer in the proceeding,

(C) is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or

(D) is, to the judge's knowledge, likely to be a material witness in the proceeding.

(b) A judge shall be responsible for knowing about the judge's financial interests, including such interests relating to service as a fiduciary, and shall make reasonable efforts to be informed about the financial interests of the judge's extended family, wherever residing.

(c) A judge who is disqualified under this rule may, rather than withdraw from the proceeding, disclose on the record the basis of the disqualification. If, after such disclosure, the parties all agree in writing or on the record that the judge's relationship is immaterial or that the judge's financial interest is insubstantial, the judge may participate in the proceeding. Any writing signed by or on behalf of all parties, shall be incorporated in the record of the proceeding.

JR 1-13-206 Faithful to the Law

(a) A judge shall be faithful to the law and shall decide matters on the basis of the facts and applicable law.

JR 1-1-3-207 Partisan Interests

(a) A judge shall not be swayed by partisan interests, public clamor or fear of criticism.

JR 1-13-208 Order and Decorum

(a) A judge shall maintain order and decorum in proceedings before the judge.

JR 1-13-209 Conduct

(a) A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, court personnel and members of the public.

(b) A judge shall not act in a way that the judge knows, or reasonably should know, would be perceived by a reasonable person as biased or prejudiced toward any of the litigants, jurors, witnesses, lawyers or members of the public.

JUDICIAL RULE 3

JR 1-13-301 Extra Judicial Activities, Minimizing the Risk of Conflict with Judicial
Obligations

(a) A judge shall not serve as an officer, director, trustee or advisor of a private or public corporation or of an educational, religious, charitable, fraternal, political or civic organization if the corporation or organization regularly engages in proceedings that would ordinarily come before the judge or in adversary proceedings in the court.

JR 1-13-302 Solicitation Prohibited

(a) A judge shall not personally solicit funds for any private or public corporation or for any educational, religious, charitable, fraternal, political or civic organization or use or permit the use of the prestige of the judicial office for that purpose, but may be an officer, director or trustee of such an organization. This rule does not prohibit a judge from assisting an organization or governmental agency devoted to improvement of the law, legal education, the legal system, or the administration of justice in raising, managing or investing funds nor does it prohibit the judge from making recommendations to public- and private-granting agencies on projects and programs concerning the law, legal education, the legal system, and the administration of justice

JR 1-13-303 Gifts, Bequests, Favors or Loans

(a) A judge shall not directly or indirectly accept gifts, bequests, favors or loans from anyone, except that a judge may accept

(1) gifts incident to a public testimonial to the judge, books supplied by publishers on a complimentary basis for official use or invitations to the judge to attend law-related functions or activities related to the improvement of law, legal education, the legal system or the administration of justice;

(2) ordinary social hospitality; gifts, bequests, favors or loans from relatives; gifts from friends for wedding, birthday or other personal occasions; loans from lending institutions in the regular course of business on terms generally available to persons who are not judges; or scholarships, fellowships or grants awarded on terms applied to other applicants,

(3) any other gift, bequest, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come before the judge.

JR 1-13-304 Nonpublic Information

(a) Nonpublic information acquired by a judge in a judicial capacity shall not be used or disclosed for any purpose not related to judicial duties.

JUDICIAL RULE 4

JR 1-13-401 Political Activity by a Judge

(a) A judge shall not engage in political activity that

(1) involves persons, organizations or specific issues that would disqualify a judge under 1-13-21(j);

(2) creates a reasonable doubt about the judge's impartiality toward persons, organizations or factual issues that foreseeably may come before the court on which the judge serves, whether or not the judge would be disqualified;

(3) implies support by the judge in the judge's official capacity to a cause other than the improvement of the law, legal education, the legal system, or the administration of justice; or

(4) jeopardizes the political impartiality of the judicial branch of government.

(b) A judge shall not authorize any public official, or employee or other person who is subject to the judge's direction or control to do anything that a judge may not do under JR 1-13-401(a)(1)-(4) or to do on the judge's behalf anything that the judge may not do under JR 1-13-401(a)(1)-(4).

JR 1-13-402 Misrepresentation, Pledges, or Promises

(a) A judge shall not:

(1) Misrepresent the judge's identity, qualifications, present position, education, experience or other fact;

(2) Make pledges or promises of conduct in office that could inhibit or compromise the faithful, impartial and diligent performance of the duties of the office;

(3) Seek support for the judge or invite opposition to another judicial candidate because of membership by either candidate in a political organization, or

(4) Publicly identify the judge, for the purpose of appointment, as a member of a political party other than by registering to vote.

JR 1-13-403 Candidate for elective public non judicial office

(a) A judge shall resign the judicial office before becoming a candidate for an elective public non judicial office, which occurs when the judge announces the candidacy.

(b) The provisions of JR 1-13-401(a)-(b) and JR 1-13-402(a) also apply to any person who becomes a candidate for an elective judicial office, which occurs when the person announces the candidacy.

JUDICIAL RULE 5

JR 1-13-501 Application of Judicial Rules

(a) Anyone, whether or not a lawyer, who is an officer of the court system of the Tribes performing judicial functions is a judge for the purposes of this Code. All judges shall comply with this Code except as provided otherwise in this rule.

JR 1-13-502 Conflict

(b) A person who serves as a judge shall not, except with the express consent of the parties and lawyers, accept a judicial assignment involving a lawyer or law firm that the person is then opposing, as a lawyer or a party, in any legal proceeding.

ORDER

These Rules shall govern all proceedings or actions filed in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians Tribal Court.

Dated this _____ day of ______________ 2004.

__________________________________
Don Owen Costello
Chief Judge

Approved

_________________________________\
Ron Brainard
Chairperson

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

JUDICIAL CONDUCT

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Judicial Conduct" Code, Resolution No. 04-065, Ordinance No. 060, in a business Tribal Council meeting on August 30, 2004. Vote was 7 (for), 0 (against) and 0 (abstaining).

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians approved the "Judicial Conduct" Code, Resolution No. 04-035, Ordinance No. 060, in a regular Tribal Council meeting on May 16, 2004. Vote was 7 (for), 0 (against) and 0 (abstaining).

CHAPTER 1-14 OFFICE OF THE TRIBAL ATTORNEY

1-14-1 Establishment of the Office

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, exercising its powers under the Tribes' Tribal Constitution to protect and conserve the sovereignty and resources of the Tribes hereby establishes the Office of the Tribal Attorney (OTA) as a branch of the government of the Tribes.

1-14-2 Client Relationship and Supervision

The Tribes shall be the principal client of the OTA. OTA may represent agencies, instrumentalities, and arms of the Tribes and other persons or entities as directed by Tribal Council or through delegation of authority by the Tribal Administrator.

1-14-3 Deputies and Contract Attorneys

The Tribal Attorney may appoint such Deputy Tribal Attorneys as are necessary to carry out the duties of the OTA, subject to Tribal Council budgetary approval and availability of funds. Contract Attorneys are not Deputy Tribal Attorneys.

1-14-4 Qualifications

The Tribal Attorney and all Deputy Tribal Attorneys shall be active members of the Oregon State Bar. An attorney employed by a tribal business entity authorized to do business, who has been admitted to practice law in another state, federal territory, may be admitted to practice law as house counsel subject to the provisions, conditions and limitations by Rule 16.05 of the Oregon State Bar. The Tribal Attorney and all Deputy Tribal Attorneys shall apply for membership in and become members of the Bar of the Tribes' Tribal Court within ninety (90) days of beginning employment with the OTA.

1-14-5 Terms of Employment, Supervision and Conflict

(a) The Tribal Attorney and Deputy Tribal Attorneys shall be employees of the Tribes subject to the Tribes' Personnel Manual.

(b) The Tribal Attorney shall report directly to and shall be supervised by the Tribes' Tribal Administrator. Deputy Tribal Attorneys shall be directed, supervised and evaluated by the Tribal Attorney.

(c) In situations where a conflict presents itself between the Tribal Administrator and the Tribal Council, the Tribal Attorney, by written notice to the Tribal Council and Tribal Administrator, shall declare the conflict, and advise for the purposes of the stated notice, that the Tribal Attorney shall represent the Tribal Council.

1-14-6 Representation of The Tribes-Sovereign Immunities

The OTA shall be entitled to represent the Tribes before all courts and agencies of any government; but shall not be entitled in any circumstance, without written resolution or ordinance enacted by the Tribes' Tribal Council, to waive the sovereign immunity of the Tribes' or any Tribal entity.

1-14-7 Officers of the Tribes-Immunities

Attorneys employed in the OTA shall be officers of the Tribes and, when acting in their official capacities, shall have all the immunities of officers of the Tribes.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

OFFICE OF THE TRIBAL ATTORNEY

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Office of the Tribal Attorney" Ordinance, Resolution No. 05-072, Ordinance No. 070, at a regular Tribal Council meeting on August 14, 2005. Vote was 6 (for), 0 (against) and 0 (abstaining).

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians approved the Office of the Tribal Attorney Ordinance, Resolution No. 05-054, Ordinance No. 070, at a Business Council Meeting on June 27, 2005. Vote was 6 (for), 0 (against) and 0 (abstaining).

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