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

TITLE 7 - ENROLLMENT, COMMITTEES, ELECTIONS AND REFERENDUMS REVISED

Chapter 7-1 Enrollment
Chapter 7-2 Reserved for Expansion
Chapter 7-3 Elections
Chapter 7-4 Reserved for Expansion
Chapter 7-5 General Committee Code
Chapter 7-7 Employee Benefits Committee

CHAPTER 7-1 ENROLLMENT

7-1-0 GENERAL PROVISIONS

7-1-1 Authority and Purpose

The purpose of this ordinance is to provide for the development and maintenance of the Membership Roll of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians. Authority for this section is vested in the Tribal Council by Article III, entitled "Membership Section" of the Constitution of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Confederated Tribes), which was adopted on May 23, 1987, and approved by the Assistant Secretary of Indian Affairs, Department of the Interior, on June 23, 1987.

7-1-2 Membership Requirements

The Confederated Tribes have the right to determine its own membership and interpret its own documents consistent with the Tribal Constitution. The Tribal Roll will be kept up-to-date at all times. All applicants wishing to apply for membership in our Tribes will follow the same rules and everyone will have his/her application judged in the same manner.

The membership of the Confederated Tribes shall consist of all persons who are living and who apply, and:

(a) Whose name is listed as Coos, Lower Umpqua or Siuslaw on the Public Domain Census Roll of January 1, 1940, prepared by the Grand Ronde-Siletz Agency Bureau of Indian Affairs; or

(b) Who is a lineal descendant of a public domain allottee of Western Oregon who was a member of the Coos, Lower Umpqua and Siuslaw Indians; or

(c) Who is a lineal descendant of a person listed as a Coos, Lower Umpqua or Siuslaw Indian on the Census Roll of 1940, or any other roll prepared by the Department of Interior prior to the effective date of the Constitution.

(d) Newborns of lineal descendants of enrolled members shall only be eligible for health, social services, Indian Child Welfare and emergency services for a period of not greater than six (6) months after birth, but shall not be considered an enrolled member during this period. The parent shall submit an enrollment application and the required documents for enrollment. The child must be properly enrolled in order to continue receiving tribal benefits.

7-1-3 Dual Membership Prohibited

In accordance with the Constitution, Article III, Sections 2 and 3, the following provisions apply:

(a) No person who is a member of any other Indian tribe, whether such other Indian Tribe is Federally recognized or not, shall be eligible for membership in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians until he/she has relinquished his/her membership in the other Indian tribe(s). The Tribal Council, by majority vote, may decide questions of membership in other Indian tribes after evidence has been presented. Any person who while a member of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians is a member or becomes a member of another Indian tribe shall be subject to loss of membership in the Confederated Tribes under the provisions of 7-1-31 of this ordinance;

(b) No person shall be eligible for membership in the Confederated Tribes who has received any payment in compensation for land claims through any other Indian tribes whether federally recognized or not, or whose lineal ancestor through whom such person is claiming eligibility for membership in the Confederated Tribes has received any payment in compensation for land claims through any other Indian tribes whether federally recognized or not.

For the purposes of this section 7-1-3(b), the phrase "lineal ancestor through whom such person is claiming eligibility" means any lineal ancestor who actually received such payment. If such an ancestor received such a payment, all descendants of that person are barred from Tribal Membership.

Notwithstanding the above, this section 7-1-3(b) will not disqualify from membership any person who filed an enrollment application prior to June 23, 1987, or any descendants of such a person(s)who filed an application prior to June 23, 1987 who file(s) thereafter.

7-1-4 Enrollment Coordinator - Staff

(a) Tribal Administrator shall authorize the hiring of such staff as it deems necessary to fulfill the functions to carry out the enrollment process, and he/she shall be subject to all Tribal management regulations.

(b) The Enrollment Coordinator and staff need to have available to them the following documents for use in determining an applicant's eligibility for membership in the Confederated Tribes:

(1) 1940 Grand Ronde-Siletz Agency Census Rolls.

(2) Any rolls of tribes located on or near lands that are the home of the Confederated Tribes, or any other rolls as deemed needed by the Committee; on a "case by case" basis.

(3) United States census rolls.

(4) Printed/published documents/books/papers.

(c) The Enrollment Coordinator shall review and compile all the information for each applicant. At least thirty (30) days prior to Council presentation of applicants, the Enrollment Coordinator will present all applications for membership and supporting documents to the Enrollment Committee for evaluation and recommendation to the Tribal Council for action.

(d) The Enrollment Coordinator shall have the authority to require the applicant to furnish such evidence of proof as is necessary to make appropriate recommendations to the Enrollment Committee. The Tribal Council shall establish the nature and type of acceptable evidence, which shall include, but not limited to: notarized photo copies of court documents, state or federal records, hospital medical records, full birth certificates and marriage licenses, Family Tree forms, affidavits of friends, neighbors, and/or tribal elder(s), family Bible records and other genealogical information. The Enrollment Committee may request any and all of the above documents on a "need to know", "case by case" basis. In the enrollment process, the legal burden of proof is on the person who is applying for membership.

(e) The Enrollment Coordinator shall report to the Tribal Council any action required regarding Enrollment Committee recommendations.

(f) The Enrollment Coordinator shall maintain appropriate records to support the recommendations of the Tribal Council and will maintain an accurate Tribal Roll. The Enrollment records shall include copies of documents received to support applications for membership. The records shall be available to the Tribal Council upon request to the Enrollment Coordinator. Request for enrollment records shall be provided on a "need to know", case-by-case basis and the Enrollment records used strictly for enrollment purposes. Enrollment records shall not be released or used for any non-enrollment purposes, but only for review of applications and other enrollment procedures and audit of the integrity of enrollment files and records. Revealing information in the enrollment records shall be deemed grounds for termination of employment with the Confederated Tribes.

(g) Upon a written request by an enrolled member of the Confederated Tribes, the Enrollment Coordinator may release to that person, a list of the names of enrolled members in the Confederated Tribes.

(h) The Tribal Administrator shall have the authority to release the names, addresses and phone numbers of enrolled members in the Confederated Tribes to staff within the divisions and departments of the Confederated Tribes responsible for notifying members of necessary services and functions.

7-1-5 Enrollment Records

(a) Once the applicants' records enter the Enrollment Office, they are the official property of the Tribes.

(b) Changing and/or correcting the Membership Roll will be handled as follows:

(1) The member will send in the requested change (e.g., name change because of marriage, divorce, adoption, etc.) to the Enrollment Office Coordinator, along with the supporting legal documentation;

During the processing period for legal names changes, the Tribal member shall be entitled to all Tribal rights, including voting rights, pending the final action by the Tribal Council and subsequent notification to the BIA.

(2) The Enrollment Coordinator gives the changes (including any corrections required due to current errors on the Roll) to the Enrollment Committee; and

(3) The Enrollment Committee will take action and make appropriate recommendation to the Tribal Council for final action and subsequent notification to the BIA (Refer to 7-1-7 of this section entitled, "Levels of Responsibility").

(c) Basic Roll: The Enrollment Coordinator will develop a Basic Roll for the Confederated Tribes. This Roll will contain all the names in alphabetical order of those members who were enrolled from the date of Restoration until the constitution was adopted on May 23, 1987. Numbers will be assigned on an alpha/numerical basis of this Basic Roll (i.e., the first person on the Roll will have the number 0001, and the tenth member will have the Roll number of 0010, etc.). All members added after the date of the adoption of the Constitution will have his/her name put on the Roll in alphabetical order, but will be given a Roll number consistent with his/her entry into the Confederated Tribes as a certified tribal member.

(d) Certified Roll: The Enrollment Coordinator shall prepare a current, up-to-date membership Roll to be reviewed by the Enrollment Committee at the November Enrollment Committee meeting. The current Roll will then be presented to the Tribal Council in January for annual certification and subsequent notification to the BIA.

7-1-6 Enrollment Committee

(a) Enrollment Meetings:

(1) The Enrollment Committee shall meet in February, May, August and November of each year, and at other times as deemed necessary by the Enrollment Committee. Absence from three (3) regularly scheduled meetings (not special meetings) in consecutive order shall constitute removal from the Committee.

(2) Special meetings of the Enrollment Committee may be called by the Chairman, and may also be called upon request of three (3) members of the Committee. If members call for a meeting, the Chairman has three (3) days in which to notify all members of the Committee, and the meeting will take place upon three (3) days' notice.

(3) The enrollment Committee Chairman may appoint someone to take the minutes of each meeting of the Enrollment Committee.

(4) The Enrollment Committee shall present a list of applicants and their recommendations regarding membership to the Tribal Council four (4) times a year; in the months of January, April, July and October, for action by the Tribal Council.

(b) The Enrollment Committee shall have five (5) Committee members. One member of the Committee shall be a member of the Tribal Council, one member from each of the three Tribes (if possible) and the rest at random from the membership. If five (5) members constitute the Committee, three (3) will make a quorum to hold a meeting and conduct business.

(c) The Enrollment Committee functions directly under the auspices of the Tribal Council. Both the Enrollment Committee and Tribal staff will work and abide by the regulations and procedures contained in the Enrollment Ordinance.

7-1-7 Levels of Responsibility

(a) Enrollment Coordinator (Staff) is responsible for the day-to-day operations only.

(b) The Enrollment Committee is responsible for presenting a list of applicants and their recommendations regarding membership to the Tribal Council four (4) times a year; in the months of January, April, July and October, for their action. This would also include Name Changes of Tribal members, as well as moving Active Members to the Historical file.

(c) The Tribal Council is responsible for enacting laws, policy, and making final decisions on matters pertaining to the Membership Roll. The Tribal Council shall certify membership of applicants by resolution. Once each year, in the month of January, the Tribal Council shall certify the Tribal Membership Roll and subsequent notification to the BIA-Siletz Agency.

7-1-10 APPLICATION FOR MEMBERSHIP

7-1-11 Procedures for Membership Application

(a) Application Form: The Enrollment Committee shall develop an application form to be approved by the Tribal Council, and this form must be used when making application for enrollment. The application form shall be entitled, "Application for Enrollment", and shall contain the following:

(1) Name and address of the applicant.

(2) All names by which the applicant is or has been known.

(3) Date of birth and copy of certified birth certificate.

(4) The applicant must designate how membership is being claimed, according to Section II of this Ordinance.

(5) Signature of applicant or recognized guardian. In case of guardian signing application for membership, current address of guardian must be included with application. (See also, this section, (c)(2))

(6) Date.

(7) Application number.

(8) Dual membership information.

(9) Adoption information.

(10) A copy of the applicants Social Security Card.

(b) Required Forms:

(1) A numbered Application form reflecting date sent, and date received by the Enrollment Department. A Family Tree form with the Application number. The Family Tree should reflect the direct lineal descendant ancestor through whom the applicant is claiming membership rights.

(2) These forms shall be issued by the Enrollment Department to any person seeking membership for himself or another person.

(1) Adult Individual: Any person who believes he or she meets the requirements for membership in the Confederated Tribes as set forth may request an application from the Enrollment Coordinator.

(2) Minor Children and those Incapacitated: Application for persons such as minor children and those who may be incapacitated may be filled out by a parent, next of kin, recognized guardian. In the case of application by recognized guardian, documentation verifying guardianship must be included with application. In the case of emancipated youth: they may sign for themselves after providing proof by court documents.

(3) Indian Child Welfare Emergency Enrollment:

(A) Application for membership of a child who is the subject of any action for foster care placement or termination of parental rights shall be presented directly to the Tribal Council for final action.

(B) In case of application for membership of a child who is the subject of any action for foster care placement or termination of parental rights, a majority vote by no less than five members of the Tribal Council shall be required for final action.

(C) The requirements of the Enrollment Committee for processing applications for membership enumerated in subsections (d) through (f) of this section shall be waived for the purposes of application for membership of a child who is the subject of any action for foster care placement or termination of parental rights.

(d) Processing Application:

(1) The Enrollment Coordinator shall process each application and present all information to the Enrollment Committee in the months of February, May, August and November. (See also 7-1-4(b) and (c) of this Ordinance.)

(2) In the event the Enrollment Coordinator or Committee needs further information to facilitate their decision-making process, the applicant shall be requested by certified mail to provide that information. In the enrollment process, the legal burden of proof is on the person applying for membership. (Refer to 7-1-4(c)).

(e) Enrollment Committee Recommendations for Membership

(1) The Enrollment Committee recommendation for applicant's membership shall be published in the Tribal Newsletter thirty (30) days before presentation to Tribal Council.

The paragraph (g)(1) of this section, under Members' Right to Protest, will be published in the Newsletter along with the new applicant's name; lineal descendant; and Tribe.

(2) After appearing in the Tribal Newsletter, the Enrollment Committee shall make their recommendation to the Tribal Council for a Resolution of Acceptance.

(f) Tribal Resolution for Enrollment

(1) When the Tribal Council makes a resolution approving enrollment, the applicant shall be notified by mail.

(2) Each name shall be officially listed on the Tribal Rolls in proper alphabetical order.

(3) A roll number shall be assigned to each member.

(4) A Tribal identification card shall be issued for each member.

(5) The name and number will be sent to the Bureau of Indian Affairs-Siletz Agency, and the Indian Contract Health Service in January as previously stated in 7-1-5(d).

(g) Members' Right to Protest:

(1) Tribal members shall have the right to protest the recommendation of the Enrollment Committee regarding applications and must file a written, signed protest with the Enrollment Committee stating his/her reasons for believing that an applicant(s) is not entitled to enrollment. This filing must be done within thirty, (30) days after being published in the Tribal Newsletter.

(2) If a protest is filed, the Enrollment Coordinator shall reconsider the applications(s), taking into consideration the information submitted. The review of protests shall not delay the processing of other recommendations to Tribal Council while the Coordinator reviews such protests.

(h) Appeal:

(1) If the Enrollment Committee does not accept an applicant for membership, the applicant shall be notified by Certified Mail and advised of his or her right to appeal the decision to Tribal Council.

(2) All appeals must be addressed to the Tribal Council.

(3) In case of denial of enrollment, the applicant shall have sixty (60) days from the date of the receipt of the rejection notice to petition the Tribal Council appealing the decision.

(4) In any such notice of rejection, the applicant shall also be informed that he/she may submit further evidence supporting his/her case.

(5) If the Council wishes to hear further information, or otherwise meet personally with the applicant, the Council may schedule a hearing with the applicant or their appointed representative at a Council meeting.

(i) Reapplication:

(1) Any unsuccessful applicant for enrollment may reapply for enrollment following notice of rejection. Any applicant, who unsuccessfully appeals a rejection pursuant to (h) of this section, may reapply for enrollment following notice of denial of that appeal.

(2) The applicant shall take all necessary steps to perfect the application for enrollment. The Enrollment Committee may refuse to consider any reapplication that is materially identical to the original rejected application.

7-1-20 ELIGIBILITY STANDARD

7-1-21 Adoption

(a) Article III, Section 6 of the Constitution states, that "Only persons qualifying for membership under Section 1 of this Article who are adopted shall have the rights and privileges of tribal members, and shall be eligible for tribal services". (See also Article III, Section 1 of the Constitution entitled, "Membership Requirements", and 7-1-2 of this Enrollment Ordinance.)

(b) Article III, Section 6 of the Constitution further states, that "All other persons adopted into the Confederated Tribes shall be honorary members". Therefore, honorary members shall not be eligible for tribal services, nor be eligible to have membership voting rights, and shall not be considered enrolled members. In order to avoid misunderstandings and mistakes, honorary members shall not be assigned roll numbers.

7-1-22 Paternity and Maternity

(a) The Tribal Council may inquire into the paternity or maternity of an applicant where a reasonable basis exists to question the parentage of an applicant. A full birth certificate is the best proof of birth; it will legally establish:

Date of birth
Mother's identity
Father's identity if parents are married
Father's identity if parents are not married, and he personally signs his name on the birth certificate

(b) A sworn, notarized statement of paternity in an affidavit must be submitted if the father is not listed on the birth certificate or his signature is not on the birth certificate, along with the results of a DNA test confirming parentage.

(c) In the case that the tribal member is not able or willing to confirm parentage, either through a notarized paternity statement or with a DNA test, the applicant must submit additional documentation proving tribal parentage, including but not limited to, affidavits by tribal member's family confirming tribal parentage, state records, wills, probate records, etc.

(d) Should parentage be contested by a tribal member: all parties will submit to a DNA test. These test results, along with a notarized photocopy of the certified birth certificate, affidavits, records, etc., shall be submitted to the Enrollment Committee and the Tribal Council for review and subsequent denial or approval of enrollment.

7-1-23 Enrollment in Another Tribe

No person who is a member of any other Indian tribe, whether federally recognized or not, shall be eligible for membership in the Confederated Tribes until he/she has relinquished in writing, his/her membership in the other tribe, and only then, if the Committee accepts the application of said person, and the Council votes to enroll him/her.

7-1-30 DIS-ENROLLMENT

7-1-31 Loss of Membership

(a) Grounds: The Enrollment Coordinator shall recommend to the Enrollment Committee, removal from the Tribal Roll of any person who becomes ineligible for membership because of enrollment in another tribe, whether federally recognized or not.

In addition, any person who is found to have been enrolled on the basis of falsified information or errors the Enrollment Coordinator will revert to the Constitution of the Confederated Tribes, Article III, Sections 2, 3 and 7 (refer to (c) of this section regarding dismissal).

(b) Procedures: Prior to removal, a person shall be given notice in writing by the Enrollment Coordinator of the right to: a hearing and to hear evidence against him/her; to confront the witness; or be represented by counsel at his/her expense.

(c) Tribal Council: The Tribal Council shall, by resolution, order removal from the Roll, the name of any person it finds to be ineligible for membership because of enrollment in another tribe or for filing a false application.

7-1-32 Relinquishment of Membership

Any member may relinquish membership in the Tribes by a written notice to the Enrollment Committee or the Tribal Council. Upon resolution by the Tribal Council, it shall direct the removal of that person's name from the Roll.

No one who relinquishes his/her membership shall be admitted again to the Tribes or be placed on the Roll.

7-1-33 Deceased Members

The notification of death of a person on the Tribal Membership Roll shall be accomplished by written evidence given to the Enrollment Committee in the form of a Certificate of Death, published death notice, obituary, or memorial service brochure. The Enrollment Coordinator will handle the paperwork and furnish it to the Enrollment Committee for action. The Committee will make a recommendation to the Council to remove the deceased person's name from the Roll. The deceased person's name will then be removed from the Roll by resolution of the Tribal Council. Proper notification will be made to the Bureau of Indian Affairs and Indian Health Services. The name will then be entered in to the Tribal Historical File for a permanent record.

7-1-34 Severability

If any provision of this Enrollment Ordinance, shall in the future, be declared invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remaining provision shall continue in full force and effect.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

ENROLLMENT

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes) Revised the Enrollment Ordinance No. 16, after reviewed by Michael Taylor, Attorney, to become Ordinance No. 50. Resolution 02-062, Ordinance No. 050, November 10, 2002.

The "Enrollment" Ordinance was codified for the Tribal Court in December 2001.

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes) Revised and Renumbered the "Enrollment" Ordinance, stating that Ordinance 006 contained some inappropriate and outdated information. Resolution 95-044, Ordinance No. 016, August 28, 1995.

The Tribal Council of the Tribes revised Ordinance 006. Ordinance 006 excludes lateral descendants of persons on the 1940 Indian Census that were on the base roll. Amendment to read as follows: "Whose names are listed, or whose names are entitled to be listed, or descendant thereof, on the Public Domain Census Roll of January 1, 1940, prepared by the Grand Ronde-Siletz Agency, Bureau of Indian Affairs (BIA), or ………" Resolution No. 89-069, September 21, 1989.

The Tribal Council of the Tribes on July 10, 1988, Resolution 88-043, clarified the intent of Council in to a specific section of the Ordinance. Amended as follows: "
Part I, Section 6 -

(E) The Enrollment clerk and staff needs to have available to them the following rolls for use in determining an applicant's eligibility for membership in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians:

(1) 1940 Grand Ronde-Siletz Agency Census Rolls
(2) Contact all local, i.e., surrounding, tribes; or any other rolls as deemed by Council on a case-by-case basis.

The Tribal Council of the Tribes enacted the "Enrollment" Ordinance No. 004 on December 13, 1987.

CHAPTER 7-3 ELECTIONS

7-3-0 GENERAL PROVISIONS

7-3-1 Purpose and Authority

The purpose of this ordinance is to set forth the regulations and procedures applicable to all tribal government elections, including provisions for the process of conducting elections as required by Article VIII, Sections 1 through 5 of the Tribal Constitution.

7-3-2 Election Board

The Election Board is the body responsible for the conduct of all elections defined by this ordinance. Duties and responsibilities of the Election Board are delineated in Ordinance No. 88-001.

7-3-3 Members' Voting Rights

Article VIII, Section 1 of the Tribal Constitution states, "All duly enrolled members of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians who are eighteen (18) years or older on the date of an election shall have the right to vote in all tribal elections." "Duly enrolled member" shall mean that the voter's name shall appear on the official membership rolls, or has been certified as a member of Council resolution.

7-3-4 Voter List

No later than ninety days (90) prior to any election, the Administrator or the Enrollment Clerk shall furnish to the Election Board a list of eligible voters, including dates of birth. The Administrator or the Enrollment Clerk shall also notify the Election Board of any subsequent additions to the rolls of eligible voters, also deletions, i.e., deaths or removals, or errors in the previous list.

7-3-5 Appeals of Eligibility

Any person whose name does not appear on the list of eligible voters may request in writing or in person to the Election Board or the Enrollment Clerk, a review of the enrollment records to verify birth dates, enrollment numbers, etc.

7-3-6 Ballots

(a) The Constitution declares that all elections shall be by secret ballot (Article VIII, Section 2(a)).

(b) The Constitution also provides that members shall have the right to vote by absentee ballot.

7-3-7 Signature Cards

(a) Registration is required. If eligible voters (Tribal members who are eighteen (18) years of age or older) wish to vote, a signature card bearing two signatures (one printed and one written) of the voter must be on file with the Election Board before ballots are mailed out prior to an election, or before voting on Election Day at the Tribal Hall. The Election Board shall design the card and determine how the signatures shall be obtained. New signature cards should be signed every ten (10) years.

(b) All persons eighteen (18) years of age or older will be furnished a signature card which must be signed as is stated in 7-3-7(a), and returned to the Election Board.

7-3-8 Election Expenses

Each fiscal year Council shall budget in the General Fund the amount of Five Hundred Dollars ($500.00) to pay the cost of tabulating votes, printing ballots, purchasing envelopes, postage, and other expenses of conducting an election. Unused funds will be deposited into an election bank account and will be used only for future elections. Non-Tribal members working on the election may have their expenses covered if approved by Council and not exceeding the budgeted amount.

7-3-20 TRIBAL COUNCIL ELECTIONS

7-3-21 Election of Tribal Council and Tribal Chief term of Office/Election Date

(a) Article VIII, Section 3 of the Tribal Constitution provides:

(1) Tribal Council positions shall be designated with the numbers one (1) through six (6). Each Council member shall be elected for a four- (4) year term at the appropriate General Council meeting in the year in which his or her term expires…a system of staggered terms shall be created. Tribal Council positions 1, 3, and 5 shall be elected in odd-numbered years. Tribal Council positions 2, 4, and 6 shall be elected in even-numbered years.

(2) The Tribal Chief shall be elected for a ten- (10) year term at the annual General Council meeting in April, beginning in 1990, and shall hold office until a successor is elected at the April General Council meeting in the year in which his term expires.

(b) Therefore, the Election Board must keep track each election year which positions are open for election and inform the Tribal membership accordingly. The election date is the second Sunday in April of an election year.

7-3-22 Public Notice of Upcoming Elections

(a) The Election Board must publish in the Tribal Newsletter and post at the Tribal Hall, a notice of upcoming Council elections. This shall be done no later than one hundred twenty (120) days prior to the scheduled date of a regular Council election.

(b) This notice must list numbers of positions to be filled by the election and also the name of the incumbent in each position up for election. This shall be done regardless of incumbent's announced intention not to run for re-election/election.

7-3-23 Candidate Eligibility

According to the Tribal Constitution (Article VIII, Section 4(a)), in order to be eligible for election to a Tribal Council position, candidates shall meet the following qualifications:

(a) Be a duly enrolled member of the Confederated Tribes.

(b) Be at least twenty-one years of age.

(c) Never have been previously removed from office for good cause after the date the Constitution was ratified. (May 23, 1987).

7-3-24 Candidacy Procedures

(a) Statements of Candidacy

(1) Candidates shall file statements of candidacy no later than thirty (30) days before the scheduled date of the election. (Article VIII, Section 4(c) of the Constitution).

(2) Statements of candidacy must be filed with the Election Board either by mail, hand delivered to the Tribal Administrative offices, or delivered to the Election Board Chairman. In order to verify timeliness of filing, a candidate may request a statement of receipt of said statement of candidacy from whoever receives the statement. The statement shall state, at a minimum, the name of the person accepting the statement, name, roll number and signature of the person presenting the statement, and date and time of the transaction.

(3) Official U.S. Postal Service postmarks are acceptable as are any other means of delivery for deadline purposes. Any such mailed filings shall be recorded as received, up to 5:00 p.m. on the closing date.

(b) Public Notices and Position Statements

(1) Article VIII, Section 4(c) of the Constitution states, "A public list of candidates shall be published by the Election Board no later than twenty (20) days before the scheduled election date."

(2) The Election Board must publish in the January issue of the Tribal Newsletter, a notice of upcoming Council elections for that calendar year.

(3) Each candidate shall stipulate which position he is filing for. No shuffling of positions will be allowed. Each candidate will be given the opportunity to present a position statement for inclusion in the Tribal Newsletter if submitted by the Newsletter deadline. Position statement shall not be longer than three hundred (300) words in length. Position statement shall be published in the February, March or April issue, depending upon when candidate filed and the candidate's preference. It will be stated in the Tribal Newsletter that the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians shall not be responsible for the accuracy of the candidates' position statements. Further, if there exists a reasonable doubt as to the accuracy, candidates will be asked to furnish proof of their statement.

(4) To file for any position, other than the position of Chief, an already seated Council member must file for his/her position, or resign from Council and then file for any other position.

No write-in candidate will be allowed. Any ballot containing a write-in candidate -will be disqualified.

7-3-25 Voting Procedures

(a) Ballots - Secret and Absentee

All Council elections shall be by secret ballot and members shall have the right to vote by absentee ballot. (See 7-3-7)

(b) Ballot Description

(1) Candidates shall be listed on the ballot in a staggered fashion, e.g. #1 on one ballot and #2 on another, etc. Each ballot shall contain voting instructions on a separate sheet or on the reverse side of the ballot. The instructions shall state that each voter may vote for either one or no candidate for each vacancy, and that any ballots marked with more than one vote for any single position shall invalidate the whole ballot. The ballot shall also state that if the voting is done at the polling place rather than by absentee ballot, and Election Board member will be available to give assistance in answering voting procedure questions. The Election Board may have included on the ballot other instructions deemed necessary or desirable.

(2) The official ballots shall be printed on white paper with black ink. Sample ballots shall be printed or copied onto colored paper, shall be clearly labeled "sample ballot', and shall not be counted if placed in the ballot box.

(1) All registered voters having signature cards on file shall be given an absentee ballot after the closing date for filing but no later than twenty-five (25) days prior to the scheduled election date. Absentee ballots received by the date the scheduled election is held shall be counted in the vote tabulation. The independent third party, as outlined in Section (e), will serve as the Election Board on Election Day.

(2) The absentee ballot shall be mailed out in an inner envelope along with an addressed return envelope. When voting by absentee ballot, the voter shall mark his or her ballot and place it in the inner envelope and seal it. The inner envelope shall then be placed in the outer return envelope provided, and sealed. The voter shall sign the outer envelope on the designated line. It shall then be returned to the designated collection point in the return envelope. Absentee ballots will not be opened until the day of the election. Outer envelope must be intact.

(3) If any visible signs of tampering are noted, ballot will be rejected. Upon receiving the absentee ballot, Election Board shall deposit the entire packet in the locked ballot box. Poll book shall be marked to show this has been done. At 5:00 p.m. on the day of the election, Election Board will compare the signature on the outer envelope with the signature on file. If signatures match, the outer envelope shall be removed and kept. Inner envelope containing ballot will go on to be counted.

(4) In the event an eligible voter, voting in person, loses or accidentally destroys a ballot before it can be submitted, a duplicate ballot will be provided. In order to prevent double voting by one voter, a list of eligible voters shall be maintained in a poll book by the persons responsible for the tabulations, and as each ballot is submitted by mail by a voter, his/her name shall be so marked in the poll book as having voted. If the ballot is delivered by the voter to the polling place or completed at the polling place on Election Day, the voter shall sign his/her name in the poll book. In the event the person is unable to sign, an Election Board member, in the presence of at least one other Election Board member shall so note "unable to sign" in the poll book.

(5) When voting at the polling place, the voter shall sign the poll book. One Election Board member shall supervise the procedure by the third 3rd party.

(6) An absentee ballot may be delivered by any designated method acceptable to the voter by 5:00 p.m. on the day of the election.

(7) If the voter completes a ballot at the polls, the voter shall fold the ballot, and in the presence of an Election Board member, deposit the ballot in the ballot box. An Election Board member shall at that time mark in the poll book this has been done.

(8) If a voter, voting in person, defaces or destroys a ballot, a new ballot may be issued to the voter (write-ins will not receive this privilege), with the correction noted in the poll book. The spoiled ballot shall be marked and kept in a secured place until certified and will then be destroyed.

(d) Poll Hours

The Election Day voting hours shall be from 9:00 a.m. to 5:00 p.m. The election shall be held at the Tribal Hall.

(e) Vote Tabulation Responsibilities

(1) Independent third (3rd) parties are required to be used as official vote tabulators. Council should provide for this and other incidental election costs in the annual General Fund budget. Third (3rd) parties acceptable for this process include the County Election Board, certified public accounting firms, other civic-minded organizations or people with no current contractual or lease agreements in force with the tribal government except the contract to count the votes.

(2) All ballots shall be deposited in the sealed ballot box after an Election Board member, in the presence of at least one (1) other Election Board member, marks the poll book accordingly. The ballot box shall be kept in a secure room not accessible to the tribal member public.

(f) Counting the Votes

(1) After all ballots, absentee and direct, have been placed in the ballot box and an Election Board member has declared the polls closed, the ballot box shall be removed to a separate area which is closed to the public.

(2) After an independent third (3rd) party has been selected to tabulate the votes, the Election Board Chairman shall hand over to the person in charge of that group, the ballot box, key to the ballot box lock, poll book, and the signature card file. The Election Board Chairman shall advise tabulators that he/she, and/or other Election Board members shall be available nearby, and for the tabulators not to discuss the election with any other parties hereafter.

(g) Write-in Votes

No write-in votes will be accepted. If the ballot shows a write-in vote, the entire ballot will be void.

(h) Rejected/Invalid Ballots

Ballots shall be rejected or invalidated for: (1) unreadable due to spoilage, (2) invalid signature in poll book or on ballot envelope, (3) tampered outer envelope, or (4) write-ins.

(i) Determination of Winners

In accordance with the Constitution, "Winners shall be chosen by a plurality of the votes cast for each position. Ties shall trigger a recount within ten (10) days and be decided by a coin flip conducted by the Tribal Chief". If the position of Tribal Chief is vacant, the Tribal Council Chairman will conduct the coin flip.

(j) Certification of the Vote

(1) After tabulation of the votes, an Election Board member or the Tribal Council Chairman shall announce the results and post same at the General Council meeting place. The notice shall be marked to state the vote is true and correct and signed by an Election Board member or designate, the Tribal Council Chairman or designate, and the head of the third party tabulator group.

(2) According to constitutional requirements, certification shall occur within twenty-four (24) hours from the time of the election (Article VIII, Section (c)). The "time of the election" is hereby defined as the time the polls are officially closed.

(k) Election Challenges and Recounts

After the votes have been tabulated, any candidate who is not declared a winner may challenge the recount by contacting the Election Board Chairman within two (2) hours of announcement of the voting results and presenting his or her reasons why the vote is being challenged. The Election Board Chairman, after consultation with the majority of the Board members, shall then determine whether a recount is to be done. If the vote is within a margin of five (5) votes or less, the Election Board Chairman and the Tribal Council Chairman may recount for that position.

(l) Assumption of Office

Newly elected Tribal Council members shall be sworn in at the next scheduled Tribal Council meeting, upon certification of the vote by the Election Board. Certification shall occur within twenty-four (24) hours from the time of the election.

(m) Ceremonial Oath of Office

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 Tribe to the best of my ability, that I will work for the entire membership of the Tribe, that I will responsibly represent the Tribe, 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 Tribe and that I will perform all duties required of me by the Constitution and laws of the Tribe.

7-3-40 OTHER ELECTIONS

7-3-41 Other Elections Defined

Other elections or measures requiring voting on recalls, special elections, initiatives, referendums and Constitutional amendments.

(a) Recalls

A recall involves removal of a Councilor(s) from office by a vote of the voting membership as provided for in Article X, Section 2 of the Constitution.

(b) Special Elections

Special elections include, but are not limited to, an election required to:

(1) Fill the position of Chief "in the event of the death of the Tribal Chief, or any other action resulting in the office of Tribal Chief becoming vacant…" (Article XI, Section 3).
(See Resolution 05-030 for clarification of term of office.)

(2) Fill all vacant Council positions "If the Tribal Chief is the sole remaining Council member…(Article IX, Section 1D of the Constitution).

(3) Fill Council positions "If the entire Council shall become vacant through death, removal, recall, resignation, or unable to function due to loss of quorum." (Constitution Article IX, Section 1C).

(4) Tribal Council must obtain General Council approval before taking Action on certain matters within the General Council authority. These matters are provided for in Article VI, Section 3A of the Constitution:

(A) The termination or diminishment of the Tribal Reservation which is established pursuant to the Restoration Act, or the alienation of any trust land held on behalf of the Confederated Tribes;

(B) The diminishment, negotiation or settlement of any hunting, fishing, or gathering rights possessed or claimed by the Confederated Tribes, including the settlement of any land claim involving the Tribes' aboriginal lands;

(C) The relinquishment of any tribal criminal or civil jurisdiction; provided, that cooperative law enforcement agreements shall not be considered relinquishment.

Authority- According to the Constitution (Article XII, Section 1), "The General Council shall exercise the power of initiative."

(d) Referendums

Authority - According to the Constitution (Article XII, Section 2), "The General Council shall exercise the power of referendum on those issues or questions that are within the authority of the General Council on those powers vested in the Tribal Council".

(e) Constitutional Amendments

Authority - The authority for amending the Constitution is provided for in Article XIII, Sections 1 and 2. The Secretary of the Interior shall call such elections.

7-3-42 Common Voting Procedures for Other Elections

(a) Ballots - Secret and Absentee

All other elections shall be by secret ballot (see 7-3-7). Further, all eligible members of the General Council may vote at such elections and absentee ballots shall be permitted.

(b) Ballot Description

(1) Ballots shall contain a statement of what the voter is deciding and shall be worded in such a manner that clearly allows for a choice of a "yes" or a "no" vote only. No misleading of statement whatsoever will be accepted.

(2) Each ballot shall contain voting instructions as necessary on a separate sheet or on the reverse side of a ballot.

The Election Day voting hours for all elections shall be from 9:00 a.m. to 5:00 p.m. The elections shall be held in the Tribal Hall.

7-3-43 Recalls Voting Procedures

(a) Procedure for Putting a Recall on a Ballot

Upon written petition of at least on-third (1/3) of the voting membership of the Tribes, presented to and verified by the Election Board, a special election shall be called to consider the recall of the Tribal Council member(s) named in the petition (Constitution, Article X, Section 2).

(b) Recall Election Dates

A recall election "shall be held within thirty (30) days from the date the petition is verified; provided, that any petition submitted within three (3) months of the next annual meeting of the General Council shall be placed on the agenda for that meeting" (Constitution, Article X, Section 2).

Election Board shall mail out absentee ballots at least twenty-five (25) days prior to the election date. All ballots shall be clearly marked to show both the name of the person(s) and corresponding Council position(s) that the recall vote concerns.

(d) Number of Votes Required to Validate a Recall

The Constitution, Article X, Section 2, states that: "At least twenty-five percent (25%) of the voting membership must vote at a recall election for a recall to occur."

(e) Determination of Results

If the 25% rule is met, "the position(s) shall be declared vacant, if at least two-thirds (2/3) of those members voting support the recall" (Constitution, Article X, Section 2). The voting must be done for each position; the voting result for each Council member being recalled stands alone.

7-3-44 Special Elections Voting Procedures

(a) Procedure for Putting a Special Election on a Ballot

See Constitution, Article XI, Section III.

(b) Special Election Dates

See Constitution, Article IX, Section 1(b).

See Constitution, Article VIII, Section 2.

(d) Number of Votes Required to Validate a Special Election

See Constitution, Article V, Section 2(b); Article VI, Section 3(a).

(e) Determination of Results

See Constitution, Article VI, Section 3A.

7-3-45 Initiatives Voting Procedures

See Constitution.

7-3-46 Referendums Voting Procedures

See Constitution.

7-3-47 Constitutional Amendments Voting Procedures

See Constitution, Article XIII.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

ELECTIONS

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council approved that Special Elections to replace a Tribal Chief shall be subject to the remaining term of office. Resolution 05-030, O#-046A, on May 15, 2005. Vote was 5 (for), 0 (against) and 0 (abstaining).

The Tribal Council enacted and revised "Election" Ordinance #017 to become #046, Resolution 02-043 on June 9, 2002. Vote was 6 (for), 0 (against), and 0 (abstaining).

The "Election" code was codified for the Tribal Court in December 2001.

The Tribal Council enacted and revised "Election" Ordinance #014 to become #017, Resolution #95-045 on August 28, 1995. Vote was 5 (for) and 2 (against).

The Tribal Council enacted and revised "Election" Ordinance #011 to become #014 in Resolution #95-014 on February 8, 1995. Vote was 7 (for) and 0 (against).

The Tribal Council enacted and revised "Election" Ordinance #008 to become #011 in Resolution #93-026 on July 26, 1993. Vote was 6 (for) and 0 (against).

The Tribal Council enacted and revised "Election" Ordinance #001 to become #008, Resolution #89-078 on November 12, 1989. Vote was 6 (for) and 0 (against).

The Tribal Council enacted and adopted the "Election" Ordinance #001 in Resolution # (unknown) on December 13, 1987.

CHAPTER 7-5 GENERAL COMMITTEE CODE

7-5-1 Purpose

The purpose of this code is to form a more efficient and cohesive government through the appointment of committees by the Tribal Council. Each committee is to advise and make recommendations regarding each specific committee purpose. The committee will provide a unified voice as an advisory arm of the Tribes. All committees will be regulated by this code and the relevant provisions of the Tribal Court Code, except where a committee is established by a specific code, the specific provisions of that code will govern where those provisions differ from this Code.

7-5-2 General Policy

Committees are established to assist the Tribal Council in carrying out their responsibilities, to provide quality services to the tribal membership and to develop, maintain and protect the assets and interests of the Tribes. Each committee is to:

(a) Act in an advisory capacity to the Tribal Council in recommending policies and procedures, identifying needs and developing priorities of the Tribes,

(b) Report monthly to the Tribal Council on problems, activities and other relevant information,

(d) Work with Tribal Departments and Staff.

7-5-3 Definitions

(a) "Service Area" means the counties of Coos, Lane, Lincoln, Douglas and Curry in the State of Oregon.

(b) "Tribal Council" means the Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon.

(d) "Standing Committee" means a committee created to fulfill ongoing functions on behalf of the Tribal Council on a more or less permanent basis.

(e) "Ad-Hoc Committee" means a committee created to fulfill a specific short-term function on behalf of the Tribal Council and which shall be dissolved upon completion of that function.

(f) "Unexcused Absence" means an absence from any meeting of the committee for which no written excuse has been given to and accepted by a majority vote of the relevant committee (excluding the committee member who has submitted the written excuse).

(g) "Donation" means the voluntary transfer of funds or items of material value to a person or other entity for which no goods or services of substantially equal value are received in return.

7-5-4 Authority

The Tribal Council may establish standing and ad-hoc committees as provided in this code. All committees established pursuant to this code shall be accountable to the Tribal Council. The Tribal Council shall deal directly with the committees as necessary.

7-5-5 Committee Names

Tribal Council shall designate a committee name established pursuant to this code. All committees must indicate association with the Tribes by including "The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon" in the committee name.

7-5-6 Membership

(a) Each committee, but the Cultural Committee who shall be composed of seven (7) committee members, shall be composed of five (5) committee members appointed by the Tribal Council. No tribal member having been found guilty of or entered a plea of nolo contendere or guilty to any felonious or any of two or more misdemeanor offenses under Federal, State or Tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons or offenses committed against children shall serve on a committee that provides regular contact with or control over Indian children.

(1) Committee members may serve on two committees at a time.

(2) Committees may utilize the assistance of non-tribal member resource people. Individuals serving in a resource capacity shall not vote.

(3) Tribal Council members may serve on a committee.

(b) A tribal member owing a debt to the Tribes may not serve on a committee unless arrangements for repayment of the debt have been made.

(c) Committee members shall attend all committee meetings unless they give reasonable written or verbal notice to the committee chairperson prior to the meeting, provided, however, that no prior notice is necessary if injury of the committee member or sickness, injury or death of a family member or dependent caused the absence.

(d) At the end of each committee member's term of office or upon resignation or removal of a committee member or upon other vacancy by a committee member, the committee member shall deliver all papers, records and books and other items in the committee member's possession that relates to the committee to the committee chairperson.

(e) All committee member appointments will be for four (4) years unless
designated otherwise in the specific code governing that committee's activities.

7-5-7 Oath of Office

Committee members shall assume their duties and obligations under this code upon written appointment by Tribal Council. At the next scheduled Tribal Council meeting following the written appointment, the Tribal Council Chairman or the Tribal Chief shall administer a Ceremonial Oath of Office to each committee 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 carry out the directions of the Tribal Council, and that I will declare when a conflict of interest could affect the performance of my duties on behalf of the Tribes."

7-5-8 Confidentiality

Committee members agree to sign a confidentiality agreement that states that they understand and agree that as a committee member they must hold as confidential all information learned in the course of their committee member status concerning the confidential business of the Tribes. Further, as a committee member, they understand that by signing the confidentiality agreement they will not violate the confidentiality of any person(s) or provide confidential information or documents to anyone not authorized by the Tribes. If it has been determined that a committee member has violated this confidentiality agreement, that committee member will be removed as stated below in 7-5-10(a)(3).

7-5-9 Vacancies

(a) Any vacancy shall be filled by recommendation by appointment of the Tribal Council for the duration for the unexpired term.

(b) Vacancies shall occur upon expiration of a committee member's term, when a committee member resigns for any reason, is removed or has unexcused absences from three (3) consecutive meetings.

7-5-10 Removal of Committee Members

(a) By majority vote, the Tribal Council may remove any committee member to include, but not limited to the following:

(1) Overstepping their authority;
(2) Creating a disruptive atmosphere;
(3) Violation of their confidentiality agreement; or
(4) Violating Tribal law.

(b) A committee member shall automatically be removed upon having been found guilty of or entered a plea of nolo contendere or guilty to any felonious or any of two or more misdemeanor offenses under Federal, State or Tribal law involving crimes of violence, sexual assault, molestation, exploitation, contact or prostitution, crimes against persons or offenses committed against children on a committee that provides regular contact with or control over Indian children.

7-5-11 Voting

Each committee member shall have one (1) vote on each matter. Committee members must be present to vote. No proxies will be permitted.

7-5-12 Quorum

A majority of the committee members must be present to constitute a quorum. Committee action is valid only when a quorum exists.

7-5-13 Conflicts of Interest

No committee member may vote on any action directly involving a member of his or her immediate family. A committee member may take part in discussion and count toward a quorum regarding action involving a member of his or her family. Immediate family members include father, mother, adoptive mother, adoptive father, daughter, son, spouse, person in a spousal relationship, brother, sister, stepbrother and stepsister.

7-5-14 Appointment of Officers

Each committee shall elect a Chairperson and Vice-Chairperson annually.

7-5-15 Duties of Officers

(a) The Chairperson shall:

(1) issue notice of committee meetings,

(2) preside at all committee meetings, and

(3) make reports to the Council and General Council as provided herein,

(b) The Vice-Chairman shall:

(1) act as presiding officer in the Chairperson's absence.

(1) keep minutes of all regular and special meetings,

(2) maintain all official records of the committee,

(3) take attendance at meetings,

(4) provide copies of meeting minutes to the Council Chairperson for typing and distribution to the Council members,

(5) answer all correspondence for the committee,

(6) draft updates of committee business each month for publication in the tribal newsletter,

(7) keep an accurate financial statement,

(8) provide the Tribal Council with a monthly financial report, or

(9) comply with the provisions of 7-5-17 herein.

7-5-16 Meetings

(a) All meetings shall be open to the General Council, provided, however, the meetings may be closed to the General Council when dealing with confidential material. The committee may invite guests to attend meetings.

(b) All regular and special meetings require four (4) days written notice. Notice shall be delivered to each committee member and shall be posted in a conspicuous place at the Tribal Administration Office. Notice shall include the date, time, place and purpose of the meeting.

(d) Special meetings may be called by the Chairperson or Vice-Chairperson acting jointly but only when business must be done prior to the next regular meeting.

7-5-17 Compensation

Committee participation is a voluntary contribution to the Tribes. The only people paid to attend committee meetings will be Department Heads or their designate who are required by their duties to attend. Staff attending committee meetings within their scope of work are entitled to mileage compensation.

(a) The Accounting Office is responsible for tracking travel reimbursements.

(b) Travel and Per-Diem for all committee members is subject to the travel requirements specified by Tribal policy. Travel reimbursement rates are subject to change; therefore, each traveler is responsible for keeping up to date on travel reimbursement rates.

7-5-18 Severability

If a court of competent jurisdiction finds any provision of this code to be invalid or illegal under applicable federal or tribal law, such provision shall be severed from this code and the remainder of this code shall remain in full force and effect.

7-5-19 Consistency with Other Codes

Where a specific committee code differs from this code, the specific code shall govern.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

GENERAL COMMITTEE

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the General Committee Ordinance in Resolution 03-024 on May 18, 2003, Ordinance #051. Vote was 6 (for), 1 (against) and 0 (abstaining).

CHAPTER 7-7 EMPLOYEE BENEFITS COMMITTEE

7-7-1 Purpose

The purpose of this Code is to establish a Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians ("Tribes") Employee Benefits Committee as a Standing Committee and set forth its organization, powers and duties.

7-7-2 Authority; Establishment

Article 1, Section 1 and Article VI, Section 2 of the Tribes' Constitution authorizes the Tribal Council to exercise legislative authority. Title 7, Chapter 7-5, of the Tribes' Code authorizes the Tribes' Tribal Council to establish committees to assist the Tribal Council in carrying out its responsibilities to provide quality services to the tribal membership and to develop, maintain and protect the assets and interests of the Tribes. The Tribal Council hereby exercises its authority and establishes a five- (5) member Employee Benefits Committee ("Committee").

7-7-3 Membership

The Committee shall consists of one (1) member of the Tribal Council, two (2) employees from the Tribes' administrative office, Security or Gaming Commission, and two (2) employees from Three Rivers Casino or Blue Earth, Inc., and who shall be persons of recognized experience and qualifications.

7-7-4. Appointments and Oath of Office

The Tribal Council shall appoint the members of the Committee. Members of the Committee are required to take and file an oath of office at the first regular Tribal Council meeting following their appointment, administered by the Tribal Chief or Tribal Chairman.

7-7-5 Terms of Office

(a) Employee members initially appointed to the Committee shall be appointed for staggered terms with one (1) employee each from the administrative office and from Three Rivers Casino or Blue Earth, Inc. serving two (2) years and one employee each from the administrative office and Three Rivers Casino or Blue Earth, Inc. serving three (3) years.

(b) The Committee member who is a Tribal Council member shall serve three (3) years and his or her term shall be concurrent with that of his or her term on Tribal Council. Upon the expiration of his or her term of office on the Tribal Council, Tribal Council shall appoint another Tribal Council member to either fill the remainder of the three (3) years, or if the three (3) years has ended, an additional three (3) years.

7-7-6 Duties

The Employee Benefits Committee shall establish and act as fiduciary over a 401(k) plan to administer all employee retirement benefits for the Tribes and their various entities through consultations with vendors, the adoption and implementation of comprehensive planning and policies and by the making of informed decisions regarding investments, investment options, and the approval and oversight of vendor contracts.

7-7-7 Meetings

(a) All meetings shall be open to the employees of the Tribes, provided, however, the meetings may be closed when dealing with confidential material. The Committee may invite guests to attend meetings.

(b) All regular meetings require four (4) days' written notice. Notice shall be delivered to each Committee member and shall be posted in a conspicuous place at the Tribal Administration Office, Three River's Casino and Blue Earth Federal Corporation. Notice shall include the date, time, place and purpose of the meeting.

(d) Special meetings may be called by the Chairperson or Vice-Chairperson acting jointly but only when business must be done prior to the next regular meeting. No special meeting shall be held without twenty-four (24) hours' notice to each Committee member unless waived in writing.

7-7-8 Vacancies

A person appointed by the Tribal Council to fill a vacancy on the Committee shall serve for the remainder of the term.

7-7-9 Removal of Committee Members

(a) The Tribal Council may remove any member of the Committee for:

(1) For cause, including but not limited to, violating this Code and the Committee's policies or rules.

(2) Creating a disruptive atmosphere;

(3) Violating their confidentiality agreement;

(4) Violating applicable law;

(5) Breach of their fiduciary duties; or

(6) Conviction of any felony or a crime involving dishonesty.

7-7-10 Voting

Each Committee member shall have one (1) vote on each matter. Committee members must be present to vote. No proxies are permitted.

7-7-11 Quorum

A majority of the Committee members must be present to constitute a quorum. Committee action is valid only when a quorum exists.

7-7-12 Conflicts of Interest

No Committee member may vote on any action directly involving a member of his or her immediate family. A Committee member may take part in discussion and count toward a quorum regarding action involving a member of his or her family. Immediate family members include father, mother, adoptive mother, adoptive father, daughter, son, spouse, person in a spousal relationship, brother, sister, stepbrother and stepsister. Committee or family member participation in the Tribes' 401K plan shall not constitute a conflict of interest for purposes of this Chapter.

7-7-13 Officers

The Committee members shall elect officers annually from within its membership which shall include a Chairperson, Vice Chairperson and Secretary/Treasurer.

7-7-14 Duties of Officers

(a) The Chairperson shall:

(1) issue notice of committee meetings,

(2) preside at all committee meetings, and

(3) make reports to the Council and General Council as provided herein,

(b) The Vice-Chairman shall:

(1) act as presiding officer in the Chairperson's absence.

(1) keep minutes of all regular and special meetings,

(2) maintain all official records of the committee,

(3) take attendance at meetings,

(4) provide copies of meeting minutes to the Council Chairperson for typing and distribution to the Council members,

(5) answer all correspondence for the committee,

(6) draft updates of committee business each month for publication in the tribal newsletter,

(7) keep an accurate financial statement,

(8) provide the Tribal Council with a monthly financial report.

7-7-15 Compensation

Committee members who are employees of the Tribes shall not be required to take personal leave to attend Committee meetings. There shall be no compensation paid to Committee members. Authorized travel shall be paid subject to the travel requirements specified by Tribal policy.

7-7-16 Rules; Records

The Committee may adopt rules for the transaction of its business, subject to Tribal laws, and shall keep a record of its resolutions, transactions, and findings, which shall be a public record unless otherwise deemed confidential and not subject to public disclosure under applicable law.

7-7-17 Confidentiality

Committee members agree to sign a confidentiality agreement that states that they understand and agree that as a Committee member they must hold as confidential all information learned in the course of their Committee member status concerning the confidential business of the Tribes. Further, as a Committee member, they understand that by signing the confidentiality agreement they will not violate the confidentiality of any person(s) or provide confidential information or documents to anyone not authorized by the Tribes. If it has been determined that a Committee member has violated this confidentiality agreement, that Committee member will be removed as stated in 7-5-10(a)(3).

7-7-18 Severability

If a court of competent jurisdiction finds any provision of this ordinance to be invalid or illegal under applicable federal or tribal law, such provision shall be severed from this Code and the remainder of this Code shall remain in full force and effect.

APPENDIX A - LEGISLATIVE HISTORY AND EDITORIAL CHANGES

EMPLOYEE BENEFITS COMMITTEE

LEGISLATIVE HISTORY AND EDITORIAL CHANGES

The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians approved and enacted the Employee Benefits Committee Ordinance in Resolution 05-098 on October 9, 2005, Ordinance #071. Vote was 7 (for), 0 (against) and 0 (abstaining).

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