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2004
Chapter 1 - Elections
Sec.
2-01.010 Title
2-01.020 Purpose and Scope
2-01.030 Authority
2-01.040 Construction
2-01.050 Definitions
2-01.060 Times and Places
2-01.070 Election Board and Duties
2-01.080 Publication and Notice
2-01.090 Candidates
2-01.100 Ballot Preparation
2-01.110 Voters
2-01.120 Voting; Separate Senate Positions
2-01.130 Voting Procedures
2-01.140 Absentee Ballots
2-01.150 Supervision of Elections
2-01.160 Electioneering
2-01.170 Assistance to Voters
2-01.180 Vote Counting
2-01.190 Certification of Election Results
2-01.200 Retention of Ballots
2-01.210 Recounts
2-01.220 Ties
2-01.230 Protests
2-01.240 Transfer of Property
2-01.250 Selection of Officers
2-01.260 Installation of Senate Members
2-01.270 Construction and Amendments
2-01.280 Amendment
2-01.290 Repealer
2-01.300 Severability
Legislative History
Enacted:
Amended:
Repealed or Superseded:
[Ed. Note. Secretarial approval is not required for Election Ordinances because there is no approval requirement set forth in Article IV, Section 5 of the Swinomish Constitution.]
2-01.010 Title.
These rules and regulations shall be known as the “Swinomish Election Code.”
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.020 Purpose and Scope.
The purpose of this Chapter is to regulate the conduct of the annual Senate elections.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.030 Authority.
This Chapter is enacted pursuant to the authority provided by Article IV, Section 5 of the Swinomish Constitution.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.040 Construction.
These rules and regulations are exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which they were enacted.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.050 Definitions.
(A) For the purpose of interpreting the word “resident” in Article II of the Swinomish By-Laws and as used in this Chapter, the phrase “resident of Skagit County west of Interstate-5 (I-5) freeway for one (1) year next preceding the election” shall mean a member of the Tribe who maintains a permanent address, where he or she physically resides and maintains his or her one and only true home, in Skagit County west of Interstate-5 (I-5) freeway for one (1) year immediately prior to the election; except no member gains or loses residency by any of the following reasons of absence:
(1) Employment in the military services of the United States;
(2) Enrollment at any institution of learning outside of Skagit County;
(3) Temporary employment outside of Skagit County for a period not to exceed three (3) months; or
(4) Treatment in a hospital or other in-patient medical facility or temporarily assisting a close family member who has been admitted to a hospital or other inpatient medical facility.
[History] Ord. 187 (9/30/03); Ord. 100 (2/3/93).
2-01.060 Times and Place.
(A) Primary Election. In any year in which more than two (2) candidates run for the same Senate position, a primary election shall be held on the second Saturday in February, between 8:00 a.m. and 2:00 p.m. or at such other time that the Senate determines.
(B) General Election. The Senate general election shall be held on the third Saturday of March each year between 8:00 a.m. and 2:00 p.m. or such other time that the Senate determines.
(C) The primary election, if any, and the general election shall be held in a designated room of the Social Services building on the Swinomish Reservation.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 134 (2/11/99); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.070 Election Board and Duties.
(A) The Election Board shall consist of five (5) regular members and one (1) alternate member, who shall be twenty-one (21) years of age or older. The regular members and alternate member shall be appointed by the Senate and shall serve until replaced by the Senate. A quorum of the Election Board shall be three (3) members, including, when necessary, the alternate member. The Election Board is hereby authorized to administer and conduct the elections. The Election Board members shall be clearly identified at the Polling Place.
(B) The Election Board shall:
(1) Administer and conduct elections in a manner that will ensure fair and honest elections.
(2) Prepare informative election material in a manner that informs without recommending.
(C) The Tribe's Election Officer may perform the duties of the Election Board, subject to Board supervision. Unless otherwise designated by the Senate, the Election Officer shall be the paralegal/legal secretary in the Tribe's legal department. For purposes of this Chapter, the duties of the Election Officer are separate and distinct from the duties and responsibilities of the "Secretary" or "Secretary of the Senate" who is the duly elected officer of the Senate holding the position of Secretary.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 159 (8/6/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.080 Publication and Notice.
The Election Board shall post a Notice of Elections at least sixty (60) days prior to the second Saturday in February. Copies of these Rules and Regulations, alphabetical lists of eligible voters for the primary election and for the general election, and a Notice of Elections shall be posted in two (2) or more places frequented by tribal members as selected by the Election Board.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 134 (2/11/99); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.090 Candidates.
(A) Petitions. Nomination of candidates for the Senate shall be by petition signed by not less than five (5) legal voters. Incumbent candidates must file a new Petition for Nomination. A voter may sign only one (1) petition for each Senate Position. Candidates shall specify on their Petition For Nomination which Senate Position they are running for and no candidate may run for more than one (1) Senate Position in the same election.
(B) Closing Date. Petitions for nominations shall be filed with the Secretary of the Senate on or before the “closing date,” which shall be thirty (30) days prior to the second Saturday of February.
(C) Qualifications. The qualifications for eligibility of a candidate shall be as follows:
(1) must possess a high school diploma or GED unless sixty (60) years of age or older on the closing date; (2) must not have been found guilty of a felony or misdemeanor involving dishonesty in any tribal, state or federal court; (3) must be eligible to vote in the election; (4) must submit a résumé with their petition that includes their education, work experience and a brief paragraph about why they are seeking a seat on the Senate; (5) must submit a letter with their petition stating their goals and objectives if they should be elected to the Senate; (6) must have been a resident of Skagit County West of Interstate-5 (I-5) freeway for a period of one (1) year preceding the election; and (7) must submit to and pass a drug test. Each candidate shall submit a $200.00 non-refundable, candidate fee, provided that the fee shall be returned should the candidate be found not to satisfy the qualifications for candidacy set forth in this Section. Each candidate must be willing to support the Tribal Government and its Constitution and By-laws The burden of proof that a candidate for Senate meets all requirements set forth in Subsection (C) lies with the candidate.
(D) Certification. The Secretary of the Senate shall determine the legality of the petitions and the eligibility of the candidates, which includes conducting criminal background checks and investigating the residency status of all candidates nominated for office. The Secretary may use any source of information available, including nontribal records, to conduct investigations into the eligibility of candidates. Whenever the Secretary has a question regarding any aspect of this determination, the Secretary may defer that part of the determination to the Senate. The Secretary’s decision may be appealed to the Senate.
(E) Appeal of Certification. Persons denied certification by the Secretary of the Senate must be so notified of the denial as soon as possible and shall have five (5) days from such notice to appeal to the Senate. The Senate shall grant a hearing and review the appealed denial of certification as soon as possible, affirm the Secretary’s decision or certify the candidate, and notify the appellant of its decision no later than fifteen (15)
days prior to the second Saturday in February. Decisions of the Senate shall be final.(F) Election Board. No member of the Election Board shall be certified as a candidate unless he or she resigns from the Board.
(G) Posting of Candidates' Names. After the closing date and at least fourteen (14) days prior to the second Saturday in February, the Election Officer shall post, in two (2) or more places frequented by tribal members, a list of official candidates, by Senate Position. Candidates for each Senate Position shall be listed with the incumbent, if any, first, and others in the order of filing. The notice shall state whether a primary election will be held, and if so, the date of the primary and the Senate Position or Positions to be voted on in the primary. The notice shall state the date of the general election.
(H) Deceased Candidates. If a candidate who has filed a petition certified by the Secretary of the Senate dies before the primary election and/or the general election, the deceased candidate's name shall remain on the ballot. If there is a primary and the deceased candidate places first or second, the deceased candidate's name shall be placed on the general election ballot. If the deceased candidate wins the general election, the Senate shall appoint a replacement, who is qualified to be a candidate as set out in Section 2-01.090(C), to fill the Senate Position for which the deceased candidate had run, in the same manner as that provided in Article V, Section 1 of the Swinomish Constitution.
[History] Ord. 215 (1/27/04); Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.100 Ballot Preparation.
As soon as possible after the "closing date," which shall be thirty (30) days prior to the second Saturday in February, the Election Board shall determine whether more than two (2) candidates have been certified for the same Senate Position, thereby requiring a primary election. If no primary election is to be held, the Election Board shall prepare an official general election ballot for printing or copying. If a primary election is to be held, the Election Board shall prepare an official primary election ballot for printing or copying and, after certification of the results of the primary, the Election Board shall similarly prepare an official general election ballot.
(A) Primary election. The primary election ballot shall list each Senate Position for which more than two (2) candidates have been certified, and shall list all candidates certified by the Secretary of the Senate for each such Senate position. The incumbent, if any, shall be listed first; other candidates shall be listed in the order in which they filed.
(B) General election. For each Senate Position for which a primary election has been held, the general election ballot shall list the candidates who placed first and second in the primary election. The incumbent, if any, shall be listed first; otherwise listings shall be in the order of finish in the primary. For each Senate Position for which no primary election has been held, the general election ballot shall list the candidates. The incumbent, if any, shall be listed first; otherwise listings shall be in the order in which the candidates filed.
(C) Form of ballots. The same number of official ballots shall be prepared as the number of eligible voters contained on the most recent eligible voters list, plus a reasonable surplus for use as samples or replacements. All ballots shall be sequentially marked in blue ink with a number placed on the ballot in such a way that it can be cut off along a marked line while still folded by a member of the Election Board when the vote is cast at the polls. Sample ballots shall be marked as such. No ballot shall be marked, formed, or cut as to allow identification of its user after submission for ballot counting.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.110 Voters.
All enrolled tribal members, as defined in Articles II & IV of the Swinomish Constitution that are at least twenty-one (21) years of age on the day of the election shall be eligible to vote. The Enrollment Officer shall prepare and provide two (2) eligible voters lists, one for the primary election, if any, and one for the general election to the Election Board at least forty (40) days prior to the second Saturday in February. The voters lists shall contain the names of all eligible voters and shall be posted at the tribal office and other appropriate locations by the closing date. Persons excluded from a list shall have five (5) days to appeal to the Senate. The Senate, after a hearing, shall affirm the Board’s decision or order their inclusion as voters as soon as possible after the end of the five (5) day deadline. Any additions to the eligible voters list shall be posted as soon as possible. The decision of the Senate shall be final.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.120 Voting; Separate Senate Positions.
(A) Candidates for the Senate shall run for separate Senate Positions. There shall be an election for two (2) Senate Positions each year except that in Election year 2001 and every five (5) years thereafter, there shall be an election for three (3) Senate Positions. Beginning with the election in the year 2000, an election shall be held for the following Senate Positions:
Election Year 2000: Senate Seat One and Senate Seat Two.
Election Year 2001: Senate Seat Three, Senate Seat Four and Senate Seat Five.
Election Year 2002: Senate Seat Six and Senate Seat Seven.
Election Year 2003: Senate Seat Eight and Senate Seat Nine.
Election Year 2004: Senate Seat Ten and Senate Seat Eleven.
Election Year 2005: Senate Seat One and Senate Seat Two.
Etc.(B) In each election year, the incumbent for the lowest numerical Senate Position shall be the incumbent Senator with the longest, continuous, current term of office. The incumbent for the next lowest numerical Senate Position shall be the incumbent Senator with the second longest, continuous, current term of office.
(C) Duly elected Senators shall serve terms of five (5) years, and in each election year following Election Year 2004, an election shall be held to fill the Senate Positions of those Senators whose terms expire during that year. For example, in Election year 2005, an election shall be held for Senate Positions One (1) and Two (2).
(D) All voting for Senate Positions shall be by secret ballot. Each voter may vote only once for each Senate Position in each election. Only official ballots properly marked shall be counted. If on any ballot, any names are written in or tampered with, or more than one (1) vote is cast for one (1) Senate Position, then the vote for that position shall be nullified, but the nullification of a vote for one (1) Senate Position shall not affect the vote by that voter for other Senate Positions. Any ballots with a vote that has been nullified shall be separately retained and accounted for by the Election
Board.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.130 Voting Procedures.
Eligible voters desiring to vote must:
(A) Polls. Appear at the polling place, in a designated room of the Social Services building or such other place that the Senate designates, between 8:00 a.m. and 2:00 p.m. on election day, or at such other time as the Senate determines.
(B) Identification. Announce his or her name to a member of the Election Board and produce satisfactory identification if unknown to the Election Board Member. A Tribal Identification Card, if issued, shall be the preferred form of identification.
(C) Voters List. Sign or mark the voters list opposite his or her name and address and be marked thereon as voting.
(D) Ballot. Obtain a ballot from the Election Board and take the ballot into a private area as provided by the Election Board.
(E) Vote. Vote for no more than one (1) candidate for each vacant Senate Position.
(F) Fold Ballot. Fold the ballot to conceal its contents.
(G) Remove Number. Allow an Election Board Member to remove the number from the ballot.
(H) Ballot Box. Place the ballot in the sealed, secure ballot box provided by the Election Board.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 134 (2/11/99); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.140 Absentee Ballots.
There shall be no absentee voting.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 134 (2/11/99); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.150 Supervision of Elections.
No fewer than three (3) members of the Election Board, including the alternate, if necessary, shall be present at the voting place at all times. Three (3) members, including the alternate, if necessary, shall constitute a quorum for all required actions. The Election Board may, if necessary, request the presence of tribal policemen to ensure the orderly conduct of the election.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 60 (1/10/89).
2-01.160 Electioneering.
No person shall solicit, secure or influence voters, by any means, at the polling place or surrounding grounds during voting hours, or be allowed to congregate or solicit in the same building or within one-hundred and fifty (150) feet of the building in which the election is being held.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 60 (1/10/89).
2-01.170 Assistance to Voters.
In cases where voters are unable to complete their ballots, the Election Board may grant such assistance or, in appropriate cases, authorize other persons to do so, after taking every precaution to assure that the voter exercises full freedom of choice. In all cases the principle of the secret ballot must be strictly observed and persons assisting must maintain complete confidentiality.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 60 (1/10/89).
2-01.180 Vote Counting.
(A) Unused Ballots. All unused, official ballots shall be retained and separately accounted for by the Election Board.
(B) Ballot Box. At the close of the polls on election day, the Election Board shall take the ballot box and sequester itself in a private area.
(C) Counting Absentee Ballots. [Reserved]
(D) Counting Regular Ballots. The Election Board shall open all regular ballots and record the vote with the utmost care. Every precaution shall be taken and every method used within reason that will ensure an accurate count. The Board shall ascertain that all ballots have been received and certify the winners in writing to the Chair.
(E) Recording the Vote. The Election Board shall separately record the total number of unused ballots, the total number of mutilated or mismarked ballots, the total number of replacement ballots handed out, the total number of regular votes cast and the total number of all votes cast in the election.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 60 (1/10/89).
2-01.190 Certification of Election Results.
The names and the number of votes received by each candidate shall be written down on an official certification form provided for that purpose. In a primary election, the first and second place finishers for each Senate Position shall be certified as candidates for the general election. In a general election, the candidate for each Senate Position who receives the most votes shall be certified as the winning candidate for that Senate Position. The certification form shall be signed by all of the members of the Election Board and submitted to the Senate for certification. The Senate shall certify the election results within six (6) days of the primary election, and within thirty (30) days of the general election. The certificate shall be signed by the members of the Senate and filed with the Secretary of the Senate.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.200 Retention of Ballots.
As soon as possible after closing of the polls on the election day, all ballots, including unused ballots, mutilated or mismarked ballots, and replacement ballots, shall be placed in a secure receptacle sealed and signed by the Election Board to prevent tampering. No ballots shall be destroyed at any time prior to the election or for six (6) years following the date of the election. After the vote count has been recorded and the winners certified by the Election Board on the official certification form, the Police Department shall take possession of the ballots and retain them in a locked and secure location.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.210 Recounts.
Any candidate may request a recount in writing. The Election Board or Senate will determine whether a vote is so close as to justify a recount or if there is evidence of irregularity sufficient to justify a recount.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.220 Ties.
(A) Primary Election. Only the top two (2) finishers in the primary election for a Senate Position shall be candidates in the general election. If two (2) candidates tie for first place in the primary, the two (2) tied candidates shall be candidates in the general election. Any other tie in the primary shall be broken by a coin toss administered by the Election Board with the candidates present.
(B) General Election. In the general election, the candidate that receives the most votes for a Senate Position shall be the winner. In the event of a tie, unless one (1) candidate withdraws, an additional election will be scheduled within thirty (30) days, between the candidates that tied.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.230 Protests.
(A) No Outside Board Communication. From the time a written protest has been made to the Election Board until the Election Board has announced its decision, members of the Election Board shall not discuss the merits of the protest with anyone except at Election Board meetings called by the Chair of the Election Board for that purpose. The Board may request legal advice and assistance from the Tribal Attorney's Office, but may not retain separate legal counsel without the prior approval of the Senate.
(B) Waiver of Technical Errors. In any election protest heard by the Election Board, errors of a purely technical nature, which in the opinion of the Election Board do not call the validity of the election into question, may be waived by a majority vote of the Election Board.
(C) Protests of Primary Elections.
(1) Appeal to Election Board. Any person, within a period of two (2) days following a primary election, may protest such election, in writing, for any reason, to the Election Board. The Election Board shall meet, hold a hearing if requested by the protesting party, and decide the appeal by formal resolution no later than four (4) days following the primary.
(2) Appeal to Tribal Senate. A decision of the Election Board on a protest of a primary election may be appealed to the Senate within two (2) days following the decision. The Senate shall take final action on such appeal no later than the second Wednesday following the primary election. If the decision of the Election Board is not appealed within two (2) days, the decision of the Election Board on a protest of a primary election shall be final.
(3) Appeal to Tribal Court. The decision of the Senate on a protest of a primary election may be appealed to the Tribal Court within two (2) days following the final decision of the Senate. The Tribal Court shall hear such appeal on an emergency basis, and shall render a decision no later than ten (10) days prior to the general election. If the decision of the Senate is not appealed within two (2) days, the decision of the Senate shall be final.
(D) Protests of General Elections.
(1) Appeal to Election Board. Any person, within a period of five (5) days following a general election, may protest such election, in writing, for any reason, to the Election Board. The Election Board shall meet within five (5) days to begin consideration of the protest. The Election Board shall grant the protesting party a hearing if requested. The Election Board shall decide by formal resolution whether a new election or other action is necessary.
(2) Appeal to Senate. The decision of the Election Board on a protest of a general election may be appealed to the Senate within thirty (30) days
following the final decision of the Election Board. If the decision of the Election Board is not appealed within thirty (30) days, the decision of the
Election Board is final.(3) Appeal to Tribal Court. The decision of the Senate on a protest of a general election may be appealed to the Tribal Court within thirty (30) days following the final decision of the Senate. If the decision of the Senate is not appealed within thirty (30) days, the decision of the Senate is final.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.240 Transfer of Property.
The outgoing Senate Members shall be responsible for delivering an accounting for all tribal documents and equipment in their possession to the Chair of the Senate within seven (7) days following the general election.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.250 Selection of Officers.
The Senate shall, at the next regular meeting following the general election, elect from its own number: a Chair and a Vice-Chair. The Senate shall select a Secretary and a Treasurer to perform duties set out in the By-laws and other tribal documents. The Secretary and the Treasure are not required to be members of the Senate. The Offices of Secretary and Treasurer may be combined.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.260 Installation of Senate Members.
Newly elected Senate Members who have been duly certified, shall be installed at the next regular meeting of the Senate. Each newly elected Senate Member shall subscribe to the following oath:
I, ______________________, do hereby solemnly swear or affirm, that I shall preserve, support, and protect the Constitution of the United States and the Constitution and By-laws of the Swinomish Indians to the best of my ability, so help me God.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.270 Criminal Penalties.
Any person committing acts of forgery, extortion, bribery, false reports, perjury or obstruction of public officials, including Senators, Election Board Members, the Election Officer, and law enforcement officers, in connection with a tribal election, shall be prosecuted to the fullest extent of the law, which includes Criminal Title Sections 4-04.030 (Forgery), 4-04.040 (Extortion), 4-09.020 (Bribery), 4-09.050 (False Reports), 4-09.060 (Intimidation of Witnesses, Jurors, Judges and Public Officials), 4-08.070 (Obstruction of Public Officials Including Enforcement Officers), and 4-09.080 (Perjury). Jail and/or fines may be imposed upon any person committing such crime in accordance with Swinomish law.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00).
2-01.280 Amendment.
The Senate reserves the right to amend these rules and regulations as needed.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
2-01.290 Repealer.
These rules and regulations replace and supersede the rules and regulations contained in Ordinance Nos. 100, 138 and 161, and any amendments thereto, and any previous Election Ordinances, which are hereby repealed.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98).
2-01.300 Severability.
If any provision of these rules and regulations or their application to any person or legal entity or circumstance, is held invalid, the remainder of these rules and regulations shall remain in effect.
[History] Ord. 187 (9/30/03); Ord. 161 (9/10/02); Ord. 138 (2/22/00); Ord. 125 (1/10/98); Ord. 60 (1/10/89).
Chapter 2 – The Senate, Senate Committees and Boards
[Reserved]
Chapter 3 – Tribal Properties
Sec.
2-03.010 Title
2-03.020 Authority
2-03.030 DefinitionsSubchapter I – Control and Use
2-03.040 Senate Control
2-03.050 Use and Purposes
2-03.060 Use Permits and Rental FeesSubchapter II – Civil Infractions
2-03.070 Civil Infractions
2-03.080 Officers to Enforce
2-03.090 Notice of Infraction – Issuance by Enforcement Officer
2-03.100 Notice of Infraction – Issuance by the Court
2-03.110 Notice of Infraction – Deadline for Response
2-03.120 Notice of Infraction – Three Options for Response
2-03.130 Notice of Infraction – Failure to Respond
2-03.140 Fines and Prohibition of AccessSubchapter III – Smokehouse
2-03.150 Smokehouse
2-03.160 EnforcementSubchapter IV – Repealer, Severability and Effective Date
2-03.170 Repealer [Reserved]
2-03.180 Severability
2-03.190 Effective Date
Legislative History
Enacted:
Repealed or Superseded:
2-03.010 Title.
This Chapter shall be referred to as the “Tribal Properties Code.”
[History] Ord. 217 (2/5/04).
2-03.020 Authority.
This Chapter is hereby enacted pursuant to Article VI, Section 1(i), (k), (l), (m), (q), and (s) of the Constitution.
[History] Ord. 217 (2/5/04).
2-03.030 Definitions.
For purposes of this Chapter:
(A) “Enforcement Officer” or “Police Officer” means every person authorized by the Senate to serve as a Swinomish Enforcement Officer and officers commissioned by the United States.
(B) “Senate” means the Swinomish Indian Senate.
(C) “Tribal buildings” are tribally owned structures located on tribal properties and include such buildings as the community center/gym, the day care center, the social services building, the dental clinic, the tribal administration building, the planning department offices, the fish plant, the net shed, the housing garage, the Fisheries Office building, the oil spill building, the open air market in LaConner, the buildings located on the ball field, the Smokehouse, the health clinic, the casino and bingo hall, the gas station, and the various water and sewer facilities. As used in this Chapter, the term “tribal building” does not include tribal housing or other dwellings.
(D) “Tribal Court” and “Court” mean the Swinomish Tribal Court.
(E) “Tribal Properties” means all lands, buildings and other facilities owned by the Tribe. As used in this Chapter, the term “Tribal Properties” does not include tribal housing or other dwellings or lands upon which they are located.
(F) “Tribe” means the Swinomish Indian Tribal Community.
[History] Ord. 217 (2/5/04).
Subchapter I – Control and Uses
2-03.040 Senate Control.
The use of tribal properties shall be under the direction and control of the Senate, which may exercise this control through appointed authorities, commissions, committees, agents, and employees.
[History] Ord. 217 (2/5/04).
2-03.050 Use and Purposes.
For the primary benefit of the Swinomish Indian Tribal Community and its members, tribal properties shall be used to provide government services, meeting places, health facilities, recreational facilities and/or educational facilities. Tribal properties may also be used for civic and business purposes and the advancement of tribal culture and religion. While it is intended that tribal properties be used primarily for the benefit of the Tribe and its members, tribal properties may also be made available to others when the use by such others will not conflict with the primary purposes to which the specific property shall be devoted.
[History] Ord. 217 (2/5/04).
2-03.060 Use Permits and Rental Fees.
Any individual or group of individuals, other than the Tribe itself, must obtain written permission or authority from the Senate or its designee to use a tribal property for any purpose other than a tribally sponsored or authorized event, activity or program. The Senate or its designee shall set rental fees, when charged, for the use of tribal properties. Such rental fees shall be paid into the Tribe’s general fund.
[History] Ord. 217 (2/5/04).
Subchapter II – Civil Infractions
2-03.070 Civil Infractions.
It is a civil infraction for any person to fail to comply with the following provisions:
(A) No smoking is allowed in tribal buildings, except the breezeway in the Smokehouse and the casino and bingo hall;
(B) No intoxicating beverages are allowed in tribal buildings, except the gas station, the casino and bingo hall;
(C) No controlled substances, as defined in Chapter 4-10 of this Code, are allowed on tribal property, except, as otherwise legal, in the health and dental clinics or in the lawful possession of an enforcement officer;
(D) No drug paraphernalia, as defined in Chapter 4-11 of this Code, is allowed on tribal property, except as otherwise legal or in the lawful possession of an enforcement officer;
(E) No guns or ammunition are allowed in tribal buildings, except in the possession of an enforcement officer;
(F) No person under the influence of intoxicating beverages is allowed in any tribal building, except the casino and bingo hall or while in police custody;
(G) No person under the influence of a controlled substance without a valid prescription is allowed on tribal property, except while in police custody;
(H) No person may intentionally inflict or attempt to inflict bodily injury upon another without lawful authority on tribal property;
(I) No person may maliciously disturb, damage, injure, or destroy any tribal property or portion thereof;
(J) No person may use abusive language that intentionally creates a risk of assault, as defined under either STC 4-02.020 or RCW 9A.36, on tribal property;
(K) No person may knowingly disrupt any lawful assembly or meeting of persons on tribal property without lawful authority; and
(L) No person may intentionally obstruct vehicular or pedestrian traffic on tribal property without lawful authority.
[History] Ord. 217 (2/5/04).
2-03.080 Officers to Enforce.
All enforcement officers commissioned by the Tribe shall have the authority to enforce Section 2-03.070. Any enforcement officer shall, upon request, produce evidence of his or her commission.
[History] Ord. 217 (2/5/04).
2-03.090 Notice of Infraction – Issuance by Enforcement Officer.
(A) An enforcement officer has the authority to issue a notice of civil infraction under this Chapter:
(1) When it occurs in the enforcement officer’s presence; or
(2) When an enforcement officer has reasonable cause to believe a civil infraction has been committed.
(B) The officer shall give the notice of infraction to the individual and shall remove the individual from the tribal property.
[History] Ord. 217 (2/5/04).
2-03.100 Notice of Infraction – Issuance by the Court.
The Tribal Court may issue a notice of civil infraction when it receives a written statement of an enforcement officer that there is reasonable cause to believe that an infraction has been committed.
[History] Ord. 217 (2/5/04).
2-03.110 Notice of Infraction – Deadline for Response.
A person who receives a notice of infraction must respond to the notice within fifteen (15) days of the date the notice is issued pursuant to Section 2-03.090 or, if the notice was issued by mail pursuant to Section 2-03.100, within eighteen (18) days of the date the notice was mailed.
[History] Ord. 217 (2/5/04).
2-03.120 Notice of Infraction – Three Options for Response.
A person shall respond to a notice of civil infraction in any one of the following ways:
(A) Pay the fine to the Tribal Court on or before the response deadline stated in Section 2-03.110. The Court shall then enter a judgment that the person committed the civil infraction; or
(B) Request a hearing to explain the circumstances, without contesting that he or she committed the infraction, surrounding the occurrence of the infraction which might arguably lessen the amount of the fine; or
(C) Request a hearing to contest whether the infraction occurred.
[History] Ord. 217 (2/5/04).
2-03.130 Notice of Infraction – Failure to Respond.
If a person fails to respond as required in Sections 2-03.110, or fails to appear at a hearing scheduled pursuant to this Chapter, the Tribal Court shall enter an order finding that the person committed the infraction and shall assess the appropriate fine and applicable court costs.
[History] Ord. 217 (2/5/04).
2-03.140 Fines and Prohibition of Access.
An infraction issued under this Chapter shall be punishable by the following civil penalties:
(A) First Violation.
(1) Fine. The fine for a first infraction shall be fifty dollars ($50.00).
(B) Second Violation.
(1) Fine. The fine for a second infraction shall be one hundred dollars ($100.00), plus court costs if appropriate; and
(2) Prohibition of Access. The Court may, at its own discretion, prohibit the individual from entering all or specific tribal properties for up to one (1) year.
(C) Third Violation.
(1) Fine. The fine for a third violation shall be one hundred and fifty dollars ($150.00), plus court costs, if appropriate; and
(2) Prohibition of Access. The Court may, at its own discretion, prohibit the individual from entering all or specific tribal properties for up to five (5)
years.
[History] Ord. 217 (2/5/04).
Subchapter III – Smokehouse
2-03.150 Smokehouse.
The Swinomish Smokehouse is a tribal property held for the benefit of those
tribal members who adhere to the Smokehouse religion. General admittance into
the Smokehouse is reserved to those tribal members who adhere to the Smokehouse
religion. The Senate delegates the authority to the Smokehouse Organization
or Smokehouse Committee, within their discretion, to authorize or invite other
individuals to be present in the Smokehouse and the Smokehouse Committee may
delegate this authority to individuals who adhere to the Smokehouse religion
during family sponsored events. The Smokehouse Organization or Smokehouse Committee,
or other individual authorized by the Smokehouse religion, may
remove any individual who violates Smokehouse traditions or etiquette (e.g.,
a person may be removed for use of a camera or recording device during a Smokehouse
event).
[History] Ord. 217 (2/5/04).
2-03.160 Enforcement.
All enforcement officers commissioned by the Tribe shall have the authority to remove an individual from the Smokehouse for any reason upon the request of a member of the Smokehouse Committee or its designee.
[History] Ord. 217 (2/5/04).
Subchapter IV – Repealer, Severability and Effective Date
2-03.170 Repealer.
[Reserved] Ord. 217 (2/5/04).
2-03.180 Severability.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of the Title, or the application of the provision to other persons or circumstances remains in effect.
[History] Ord. 217 (2/5/04).
2-03.190 Effective Date.
This Chapter shall be effective upon approval by the Secretary of the Interior or the Secretary’s designee.
[History] Ord. 217 (2/5/04).
Chapter 4 – Sovereign Immunity
Sec.
2-04.010 Title
2-04.020 Authority
2-04.030 Definitions
2-04.040 Sovereign Immunity
2-04.050 Repealer
2-04.060 Severability
Legislative History
Enacted:
Repealed or Superseded:
2-04.010 Title.
This Chapter shall be referred to as the “Sovereign Immunity Code.”
[History] Ord. 187 (9/30/03).
2-04.020 Authority.
This Chapter is hereby enacted pursuant to authority in Article VI, Sections 1 (b), (k), (l), and (r) of the Swinomish Constitution.
[History] Ord. 187 (9/30/03); Ord. 92 (2/6/92).
2-04.030 Definitions.
[Reserved] Ord. 187 (9/30/03).
2-04.040 Sovereign Immunity.
The sovereign immunity of the Swinomish Indian Tribal Community from unconsented suit has always and shall continue to extend to acts and omissions of its attorneys, judges, prosecutors and all of its employees in the performance and within the scope of their employment.
[History] Ord. 187 (9/30/03); Ord. 92 (2/6/92).
2-04.050 Repealer.
Ordinance No. 92 is hereby repealed.
[History] Ord. 187 (9/30/03).
2-04.060 Severability.
[Reserved]
Chapter 5 – Finance
Sec.
Subchapter I – Issuance of Bonds
2-05.010 Title
2-05.020 Purpose and Scope
2-05.030 Authority
2-05.040 Definitions
2-05.050 Authority to Issue Bonds
2-05.060 Authority to Establish Lines of Credit
2-05.070 Authority to Secure Interim Financing
2-05.080 Security
2-05.090 Amount, Terms, Conditions, Interest, Etc. of Bonds
2-05.100 Registration System and Appointment of Financial Institutions
2-05.110 Form and Content of Bonds
2-05.120 Reproduction of Physical Instrument
2-05.130 Sale of Bonds
2-05.140 Payment of Costs of Issuance and Sale
2-05.150 Personal Liability
2-05.160 Revenue Bonds
2-05.170 Dispute Resolution
2-05.180 Repealer
2-05.190 Severability
Legislative History
Enacted:
Repealed or Superseded:
[Ed. Note. In addition to this Chapter, there are provisions concerning Local Improvement Obligations in Title 11.]
Subchapter I – Issuance of Bonds
2-05.010 Title.
This Subchapter shall be referred to as the “Swinomish Bond Subchapter.”
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.020 Purpose and Scope.
The purpose of this Chapter (the “Chapter”) is to establish procedures to enable the Senate (the “Senate”), as the governing body of the Swinomish Indian Tribal Community (the “Tribe”), to issue bonds or incur other obligations from federal and non-federal sources under Article VI, Section l(f) of the Constitution and By-laws of the Tribe for public purposes (“tribal projects”).
It is further the purpose of this Chapter to confirm that the Senate has the power and authority to interpret and give meaning to the provisions of the Constitution and Bylaws. And it is further the specific purpose of this Chapter to clarify, interpret, and apply Article VI, Section l(f) of the Constitution of the Tribe to authorize the Senate to issue bonds or incur other obligations for tribal projects.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.030 Authority.
This Chapter is enacted pursuant to authority provided by Article VI, Section l(f) of the Swinomish Constitution, as most recently amended on October 22, 1985.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.040 Definitions.
Unless defined elsewhere in this Chapter or the context clearly requires otherwise, the definitions in this Section apply throughout this Chapter.
(A) “Bond” means a Full Faith and Credit Bond, a Revenue Bond, or other Obligations.
(B) “Credit Enhancement Device” means a letter of credit, line of credit, bond insurance policy, surety bond or other device or facility used to enhance the credit worthiness or marketability of any bonds.
(C) “Full Faith and Credit Bond” means an obligation, including without limitation a lease-purchase obligation or bond anticipation note, incurred or issued to finance a tribal project, and which is specifically designated by the Senate as a full faith and credit obligation payable from taxes, if any, which may be levied, or from the general revenues of the Tribe.
(D) “Obligation” means an agreement that evidences an indebtedness of the Tribe, other than a Full Faith and Credit Bond or a Revenue Bond, and includes, but is not limited to, conditional sales contracts, loan agreements, lease obligations, and promissory notes.
(E) “Revenues” means, with respect to the issuance of Revenue Bonds, all fees, tolls, excise taxes, assessments, property taxes and all other taxes of whatever kind or nature, rates, charges, loan agreements, rentals and all other income and receipts of whatever kind or character derived by or to which a public body is entitled from the operation, sale or use of facilities, projects, utilities or systems owned or operated by or on behalf of the Tribe or a tribal Enterprise and other revenues legally available to be pledged to secure Revenue Bonds.
(F) “Revenue Bonds” means bonds or revenue anticipation notes issued for any public purpose, which are secured by revenues pledged for such public purpose.
(G) “Tribal Enterprise” means an enterprise of the Tribe duly established pursuant to the Constitution and By-laws of the Tribe.
(H) “Tribal Project” means any project or projects of the Tribe or any tribal enterprise to be financed in whole or in part with the proceeds of bonds issued for a public purpose.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.050 Authority to Issue Bonds.
(A) The Senate may by resolution provide for the issuance of bonds for the payment of all or any portion of the cost and expense of any tribal project. The Senate shall by resolution specify the maximum amount and the maximum net interest cost of the bond issue. The amount may equal, but may not exceed, the total amount specified in the resolution authorizing the issuance of bonds for the tribal project.
(B) The Resolution shall describe the tribal project for which bonds are to be issued. The Senate or its designee may determine certain particular terms and conditions of any borrowing or issuance of bonds for an approved tribal project pursuant to Section 2-05.090 of this Chapter, subject to any restrictions contained in the resolution approving the bonds.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.060 Authority to Establish Lines of Credit.
The Senate, on behalf of the Tribe, is hereby authorized to establish lines of credit with any national bank, association, or state-chartered bank to be drawn upon in exchange for its bonds, to delegate to its Chairman or Secretary authority to determine the amount of credit extended, and to pay interest and other finance or service charges. The interest rates on such bonds may be a fixed rate or rates set periodically, or a variable rate or flexible rates determined by agreement of the parties.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.070 Authority to Secure Interim Financing.
(A) Bonds authorized under this Chapter which are issued in anticipation of taxes or other revenues, and any bonds that are issued to refund them, shall not be issued prior to the beginning of, and shall mature not later than, the end of the fiscal year in which the taxes or other revenues are expected to be received. Bonds issued in anticipation of taxes or other revenues shall not be issued in an amount greater than eighty percent (80%) of the amount budgeted to be received in the fiscal year in which the bonds are issued.
(B) Bonds that are issued in anticipation of a grant will mature not later than one (1) year after the date the grant is estimated to be received. Bonds issued to provide interim financing for capital assets shall mature not later than one (1) year from the estimated completion or acquisition of the capital assets. Bonds issued to provide permanent or long-term financing for capital assets or a tribal project are not subject to the maturity limitations stated in this Section.
(C) Except as provided in this Section, bonds authorized under this Section may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, banker’s loan rate
or other standard.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.080 Security.
Absent a resolution requiring otherwise, the Senate may pledge as security for bonds authorized pursuant to this Chapter, or any line of credit related to such bonds, the Tribe is empowered to take the following actions:
(A) Cause appropriations from anticipated taxes, grants, other revenues, loan repayments, the proceeds of any bonds or other permanent financing, or any combination thereof;
(B) Segregate any pledged funds in separate accounts that may be held by the Tribe or any third party trustee designated by resolution of the Senate;
(C) Enter into contracts with third parties to obtain direct or standby lines of credit, Credit Enhancement Devices, or other financial commitments designed to provide additional security for bonds authorized for tribal projects;
(D) Establish any reserves deemed necessary for the payment of the bonds;
(E) Adopt resolutions and enter into agreements containing covenants and provisions for protection and security of the owners of bonds, which shall constitute enforceable contracts with such owners; and
(F) For Full Faith and Credit Bonds, pledge the Tribe’s general revenue-raising and taxing powers to produce sufficient funds to pay debt service on the Full Faith and Credit Bonds in accordance with their terms.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.090 Amount, Terms, Conditions, Interest, Etc. Of Bonds.
(A) The Senate may by resolution delegate to the Chairman or, in the Chairman’s absence, any other member of the Senate, its authority to determine the interest rate or rates applicable to any bonds issued to finance a tribal project by resolution, provided that such interest rate shall in no event exceed the maximum net interest cost designated by the Senate resolution authorizing such bonds. The Senate may also delegate to the Chairman or, in the Chairman’s absence, any other member of the Senate, its authority to determine an amortization schedule for the bonds, provided that the maximum term does not exceed forty (40) years.
(B) Except as provided in this Chapter, the Chairman or, in the Chairman’s absence, any other member of the Senate, may act on behalf of the Senate to perform any and all other necessary acts pertaining to the issuance of the bonds, including, without limitation, the determination of any conditions of the bonds issue, bond denominations, redemption rights, registration privileges, manner of execution, price, manner of sale, covenants and form, including registration of principal and interest, registration of principal only, or bearer.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.100 Registration System and Appointment of Financial Institutions.
(A) The Senate is authorized to establish a system of registering the ownership of its bonds as to principal and interest, or principal only. Registration may include, without limitation: (1) a book-entry system of recording the ownership of a bond, whether or not a physical instrument is issued; or (2) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner.
(B) The system of registration shall define the method or methods by which transfer of the registered bonds shall be effective, and by which payment of principal and any interest shall be made. The system of registration may permit the issuance of bonds in any denomination to represent several registered bonds of smaller denominations. The system of registration may also provide for any writing relating to a bond that is not issued as a physical instrument, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to the owners of bonds, for accounting, canceled certificate destruction, registration and release of securing interests, and for such other incidental matters pertaining to the registration of bonds as the issuer may deem to be necessary or appropriate.
(C) The Senate or its designee may appoint a national banking association or state-chartered bank, maintaining a minimum capital surplus of $50,000.00 together with its bank holding company or other affiliate bank (collectively the “Bank”), to act with respect to an issue of its bonds as authenticating trustee, transfer agent, registrar and paying or other agent, and specify the rights and duties and means of compensation of any such bank so acting. The Senate or its designee may also enter into agreements with any such Bank in connection with the establishment and maintenance by the Bank of a nationally recognized central depository system for the transfer or pledge of bonds.
(D) The Senate or its designee may appoint a national banking association or state-chartered bank, maintaining a minimum capital surplus of $50,000.00 together with its bank holding company or other affiliate bank (collectively the “Bank”), to act with respect to an issue of its bonds as authenticating trustee, transfer agent, registrar and paying or other agent, and specify the rights and duties and means of compensation of any such bank so acting. The Senate or its designee may also enter into agreements with any such Bank in connection with the establishment and maintenance by the Bank of a nationally recognized central depository system for the transfer or pledge of bonds.
(E) The Senate may, by resolution, appoint the Treasurer of the Senate, or any other fiscal agency, to serve as the fiscal agency. If the Senate decides to use the services of a fiscal agency other than the Treasurer of the Senate, the Senate shall so notify the Treasurer of the Senate at the time the decision is made.
(F) Nothing in this Section precludes the Tribe, the Senate, or a trustee appointed by the Senate, pursuant to any other provision of law, from itself performing, either alone or jointly with other issuers, fiscal agencies, or trustees, any transfer, registration, authentication, payment, or other function described in this Section.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.110 Form and Content of Bonds.
(A) Bonds shall be in such denomination as may be provided in the resolution authorizing their issue and shall be numbered from one (1) upwards consecutively. Each bond shall: (1) be signed by the Chairman and Treasurer of the Senate; (2) refer to the tribal project for which it is issued and the resolution ordering it; (3) provide that the principal sum therein named and the interest thereon shall be, unless otherwise provided by the resolution authorizing the tribal project, payable out of the general revenues of the Tribe, or out of a source of security designated for the bonds in the resolution of the Senate authorizing such bonds; and (4) be in any form, including bearer bonds or registered bonds as provided by tribal law.
(B) Any bonds may be signed by the Chairman or the Secretary of the Senate, or in lieu thereof, may have printed thereon a facsimile of their signatures.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.120 Reproduction of Physical Instrument.
When the Senate issues bonds as physical instruments, the bonds shall be printed, engraved, lithographed, photocopied, typed, or reproduced and the manual or facsimile signatures of the Chairman or Secretary of the Senate shall be included on each bond.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.130 Sale of Bonds.
The Senate may authorize the Chairman of the Senate to: (A) sell the bonds
at a public or private sale on behalf of the Tribe; and (B) negotiate the terms
of a purchase contract for the bonds, the terms of which shall be binding upon
the Tribe, upon Senate approval, and upon execution by the
Chairman or Secretary of the Senate.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.140 Payment of Costs of Issuance and Sale.
The proceeds of any bonds issued may be used to pay incidental costs and costs related to the sale and issuance of the bonds. Such costs include payments for the fiscal agent, paying agent, registrar fees, legal expenses, bond ratings, printing, engraving, advertising, credit enhancement fees, and bond insurance premiums. These costs shall also include the establishment and funding of reserve accounts and other accounts, an amount for working capital, capitalized interest, necessary and related engineering, architectural, planning and inspection costs, and other similar activities or purposes.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.150 Personal Liability.
Neither the holder nor the owner of any bond shall have any claim (other than a writ of mandamus, injunction, or other similar writ or proceeding) against any member of the Senate or any officer, employee, or agent of the Tribe, for personal, contractual or monetary liability on the bonds; but this Section does not apply to the liability of an officer, employee, or agent which otherwise arises in tort or under federal or Washington law, or by reason of actions taken outside the course or scope of such officer’s, employee’s or agent’s authority.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.160 Revenue Bonds.
(A) The Senate is hereby authorized to provide by resolution for the issuance of bonds for the payment of the whole or any portion of the costs and expense of any tribal project. The Senate will, by resolution, determine the maximum amount of the Revenue Bond issue, which amount may equal, but may not exceed, the total amount specified in the tribal resolution authorizing the issuance of Revenue Bonds for the tribal project.
(B) The Senate may pledge for the payment of Revenue Bonds issued in connection with a tribal project all or any portion of (1) the revenues of any revenue producing facility providing services related to the services financed by the Revenue Bonds; (2) the revenues of a public utility or system, or an addition or extension thereto; (3) all or any portion of the revenues of the Tribe; or (4) any other legally available moneys.
(C) If the Senate determines that it is necessary to provide additional security for the Revenue Bonds, the Senate may, to the extent permitted by law, mortgage, grant security interests in or otherwise encumber facilities, projects, utilities or systems owned or operated by the Tribe. Such security may be given in favor of the holders of the Revenue Bonds, a trustee therefore or as security for its obligations arising under any Credit Enhancement Device. The Senate may obtain a Credit Enhancement Device for Revenue Bonds provided that such Credit Enhancement Device is payable solely from revenues. The Senate may loan the proceeds of any Revenue Bonds to any enterprise of the Tribe or to any member of the
Tribe on the terms and conditions specified in a resolution of the Senate.(D) When issuing Revenue Bonds, the Senate may do any one (1) or more of the following:
(1) By resolution delegate to the Chairman or, in the Chairman’s absence, any other member of the Senate, the authority to determine the principal amounts, the applicable interest rate or rates, or the method to determine variable or adjustable interest rates (provided that in no event will the fixed or flexible interest rate or rates exceed the maximum net interest costs designated by the Senate resolution authorizing such Revenue Bonds), an amortization schedule for the Revenue Bonds (provided that the maximum term does not exceed forty (40) years), redemption provisions, and denominations and other terms and conditions of such Revenue Bonds that are not appropriately determined at the time of the enactment of the resolution. The authority delegated under this Subsection shall be exercised subject to any applicable limitations set by law or by the resolution authorizing the Revenue Bonds;
(2) Pledge as security for its obligations arising under, or with respect to, any Credit Enhancement Device any revenues pledged to the payment of the related Revenue Bonds, and such obligations shall be payable from the same sources from which the Revenue Bonds are payable;
(3) Enter into agreements with bond trustees and deposit funds with trustees for the benefit of such bond owners; or
(4) Establish a debt reserve for the payment of all amounts due and owing under such Revenue Bonds, which debt service reserve may be funded out of the proceeds derived from the issuance and sale of such Revenue Bonds or from such other sources as the Senate may determine.
(E) The substance of the limitations included in this Subsection shall be plainly printed, written, engraved, or reproduced on: (1) each Revenue Bond that is a physical instrument; and (2) each official statement associated with the Revenue Bonds.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.170 Dispute Resolution.
(A) Senate. Unless otherwise provided by the terms of the specific bond issue: A party with a claim arising from the issuance of bonds under this Chapter shall first file a written petition with the Senate or its designee for a hearing on the claim. The hearing shall be granted within ninety (90) days of the filing of the petition. The hearing will be on the record and shall be transcribed verbatim. The petitioner shall pay the costs of transcription. The Senate or its designee shall issue a written decision on the matter.
(B) Tribal Court. A party dissatisfied with the decision of the Senate or its designee may seek judicial review in the Tribal Court. The appeal must be filed within ten (10) days of the written decision by the Senate or its designee. The Tribal Court shall issue a written decision
on the matter.
[History] Ord. 194 (11/5/03); Ord. 102 (8/3/93).
2-05.180 Repealer.
Ordinance 24 and 102 are hereby superseded.
[History] Ord. 194 (11/5/03).
2-05.190 Severability.
[Reserved]
Chapter 6 - Charter of the Swinomish Development Authority
Sec.
2-06.010 Title
2-06.020 Authority
2-06.030 Definitions
2-06.040 Tribal CharterSubchapter I – Identity and Purposes
2-06.050 Name
2-06.060 Location and Place of Business
2-06.070 Authority of the SDA
2-06.080 Seal
2-06.090 PurposesSubchapter II – Duration, Attributes and Powers
2-06.100 Duration
2-06.110 Attributes
2-06.120 Compliance with Tribal Law
2-06.130 Sovereign Immunity and Waiver, Credit of the Tribe
2-06.140 Limitations
2-06.150 Assets of SDA
2-06.160 Powers of SDA
2-06.170 Tribal PolicySubchapter III - Structure of the SDA
2-06.180 Composition and Term
2-06.190 Decisions
2-06.200 Present SDA Members and Officers
2-06.210 Selection of SDA Members
2-06.220 Resignation
2-06.230 Removal of SDA Members
2-06.240 Vacancies
2-06.250 Officers
2-06.260 Annual Meeting
2-06.270 Other Meeting
2-06.280 Telephone Meetings
2-06.290 Record of Meetings
2-06.300 Voting
2-06.310 Bylaws
2-06.320 Duties of Officers
2-06.330 Conflicts of InterestSubchapter IV – Repealer and Severability
2-06.340 Repealer
2-06.350 Severability
Legislative History
Enacted:
Repealed or Superseded:
2-06.010 Title.
This Chapter shall be known as the “Charter of the Swinomish Development Authority.”
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.020 Authority.
This Chapter is enacted pursuant to authority provided by Article VI, Section 1(c), (h), (l), (m) and (s) of the Swinomish Constitution, as most recently amended on October 22, 1985.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.030 Definitions.
When used in this Charter, the following terms shall have the following respective meanings, unless a different meaning clearly appears from the context:
(A) "Applicable" in the term "Applicable Law" means governing the SDA, its assets or activities, or the activities of its agents or employees while engaged in the affairs of the SDA by virtue of federal or tribal law.
(B) "Assets" means the assets of the SDA.
(C) "Bylaws" means such Bylaws of the SDA as may be adopted under Section 6-02.310 of this Chapter.
(D) "Charter" means this Charter.
(E) "Constitution" means the Constitution and Bylaws of the Tribe approved October 21, 1935 and thereafter amended.
(F) "Contract" means any written agreement for the exchange of consideration.
(G) "Law" in the term "Applicable Law" means any treaty, executive order, act of Congress, final decision of the federal courts, any other laws applicable to the Tribe pursuant to an act of Congress or final decision of the federal courts, and federal administrative regulations and orders now or hereafter in force.
(H) "SDA Member(s)" means a member(s) of the SDA.
(I) "Officer" means an Officer of the SDA appointed under Section 6-02.250, including the "President" and "Vice-President" of the SDA.
(J) "Purposes" means the purposes for which the SDA is organized and shall operate pursuant to this Charter.
(K) "Reservation" means the Swinomish Indian Reservation and all lands, waters, and any interests therein, notwithstanding the issuance of any patent or right-of-way, within the exterior boundaries of the Swinomish Indian Reservation.
(L) "SDA" means the Swinomish Development Authority, the enterprise established by this Chapter.
(M) "Section" and "Subsection" mean, respectively, a Section or Subsection of this Charter.
(N) "Senate" means the elected Senate of the Tribe, the federally recognized governing body of the Tribe.
(O) "Tribal Court" means a court that is established by the Senate pursuant to the Swinomish Constitution.
(P) "Tribe" means, and "Tribal" refers to, the Swinomish Indian Tribal Community, its address is P.O. Box 817, LaConner, Washington 98257. All agreements, approvals, consent, authorizations, appointments or similar actions to be taken, given or made by the Tribe under this Charter shall be manifested by or based on an authorized resolution of the Senate.
[History] Ord. 187 (9/30/03); Res. 98-9-11 (9/24/98); Ord. 127 (9/24/98).
2-06.040 Tribal Charter.
The Swinomish Indian Tribal Community ("Tribe") is a federally recognized
Indian tribe. The elected Senate, acting pursuant to the powers enumerated in
the Constitution of the Tribe, hereby charters the Swinomish Development Authority
("SDA") as a governmental Subdivision of the
Swinomish Indian Tribal Community of the Swinomish Indian Reservation, and as
an instrumentality created, entirely owned and controlled by the Swinomish Indian
Tribal Community.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
Subchapter I – Identity and Purposes
2-06.050 Name.
The official name of this tribal enterprise shall be the "Swinomish Development Authority" or “SDA”.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.060 Location and Place of Business.
The principal place of business and office of the SDA shall be on the Swinomish Indian Reservation, LaConner, Washington. The SDA may have other places of business as the SDA Members may from time to time direct.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.070 Authority.
The SDA is established in accordance with and under the authority of Article VI, Section 1(m) of the Swinomish Constitution.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.080 Seal.
The Seal of the SDA shall consist of such design as the Board of Directors shall designate and shall include the words "A Subdivision of the Tribe".
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.090 Purposes.
The purposes of the SDA are set forth below. As set forth in Section 6-02.160, the SDA must obtain the express consent of the Senate by resolution prior to taking certain actions to effectuate many of these purposes:
(A) To oversee certain development work that occurs on the Reservation; to prepare information for and make recommendations to the Senate for Senate approval regarding such development and any necessary action related thereto;
(B) To act and function as a holding entity for certain “for-profit" businesses and enterprises of the Tribe as directed by the Senate; to manage and supervise, both directly and indirectly, as appropriate, all such business and enterprises in a "for-profit" business-like manner, within the scope and limitations hereunder described;
(C) To conduct research, evaluations and feasibility studies to identify "for-profit" businesses, which can be established, expanded or operated on or from the Reservation, to the economic benefit of the Tribe and its members;
(D) To establish, assist and advise business and activities owned, sponsored or financed, directly or indirectly, by the SDA;
(E) To form, establish and promote subsidiary and affiliate companies or businesses that shall serve the end purpose of the SDA; by way of example and not by way of limitation, such subsidiaries and affiliates may include: (1) savings and loan associations; (2) banks; (3) Minority Employment Small Business Investment Companies (“SBICs”); and (5) joint-venture enterprises with companies not of the Reservation;
(F) To employ members of the Tribe and their families in "for-profit" businesses whenever and wherever possible; provided nevertheless, such employment shall be in keeping with the best "for-profit" interests of the employer enterprises. The SDA shall not be prohibited from employing non-tribal members;
(G) In the best long term interests of a "for-profit" operation, to identify, train and develop in members of the Tribe and their families the skills and abilities required to work in, operate and manage the activities of the SDA and to encourage tribal members and their families to pursue higher education and specialized training to meet requirements and needs of businesses located on the Reservation so as to further encourage maintenance of tribal connections, residence and reservation employment;
(H) To preserve and protect tribal culture and resources;
(I) To provide economic benefit to and foster self-determination and the economic self-sufficiency of the Tribe and its members through enterprise returns and related employment and business opportunities;
(J) To provide revenue to the Tribe with which the Tribe can address pressing matters of public health, safety and welfare, or for other tribal purposes; and for the purpose of providing revenue to the Tribe in furtherance of the policies of Congress expressed in the Act of January 4, 1975, 88 Stat. 2206 (25 U.S.C. § 450 et seq.) and particularly in Section 102 of Title I of that Act (25 U.S.C. § 450F) (Indian Self-Determination Act) and the Act of November 2, 1921, 42 Stat. 208 (25 U.S.C. § 13) (Snyder Act) in the exercise of each and every essential governmental function reasonably necessary or proper to further such purposes and policies;
(K) To further Indian industry and labor, and economic development within the tribal jurisdiction as provided for in the Act of June 25, 1910, 36 Stat. 861 (25 U.S.C. § 47), Section 1 of the Act of May 9, 1938, 52 Stat. 302 (25 U.S.C. § 306), and other federal laws supporting economic development in Indian country; and
(L) To do any and all activities that may be necessary, useful or desirable for the furtherance, accomplishment, fostering or attainment of the foregoing purposes, either directly or indirectly, either alone or in conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, including corporations, firms, associations, trusts, institutions, foundations, or governmental bureaus, departments or agencies.
[History] Ord. 187 (9/30/03); Res. 98-9-11 (9/24/98); Ord. 127 (9/24/98).
Subchapter II – Duration, Attributes and Powers
2-06.100 Duration.
The SDA shall continue until it is dissolved in accordance with provisions of this Charter.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.110 Attributes.
The SDA is a tribal public body and a subordinate, entirely owned governmental subdivision of the Tribe and has been delegated the right to exercise one or more of the substantial governmental functions of the tribal government. It is the purpose and intent of the Senate, in enacting this Charter, that the operations of the SDA be conducted on behalf of the Tribe for the benefit and interests of the Tribe and its members. In carrying out its purposes under this Charter, the SDA shall function as an economic arm of the Tribe. Notwithstanding any authority delegated to the SDA under this Charter, the Tribe reserves to itself the right to bring suit against any person or entity in its own right, on behalf of the Tribe or on behalf of the SDA, whenever the Tribe deems it necessary to protect the sovereignty, rights and interests of the Tribe and the SDA.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.120 Compliance With Tribal Law.
As an entirely owned governmental subdivision of the Tribe, the SDA shall be subject to and fully comply with all tribal laws, including all tribal resolutions, regulations, and ordinances, as now or hereafter enacted or amended, unless explicitly made exempt. In carrying out its purposes and exercising its powers under this Charter, the SDA shall comply in all respects with the Tribal Employment Rights Ordinance, STC Chapter 14-01.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.130 Sovereign Immunity and Waiver, Credit of the Tribe.
(A) Sovereign Immunity of the Tribe. The Tribe expressly reserves all its inherent sovereign rights, privileges and immunities as a federally recognized Indian tribe with respect to the creations, existence and activities of the SDA, including the Tribe's sovereign immunity from suit in any court. Nothing in this Charter or any action of the SDA shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe, or to be a consent of the Tribe to the jurisdiction of the United States or of any state or any tribe with regard to the business or affairs of the SDA or the Tribe, or to be a consent of the Tribe to any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon any property of the Tribe, or a consent to suit in respect of any land within the exterior boundaries of the Reservation, or a consent to the alienation, attachment or encumbrance of any such land.
(B) Sovereign Immunity of SDA. The SDA is clothed by federal and tribal law with all of the privileges and immunities of the Tribe including sovereign immunity from suit in any state, federal or tribal court, except as may be specifically limited by the Tribe. Nothing in this Charter shall be deemed or construed to be a waiver of the sovereign immunity of the SDA from suit, which may only be waived pursuant to Section 2-06.130(C), or to be a consent of the SDA or the Senate to the jurisdiction of the United States or of any state or of any tribe, with regard to the business or affairs of the SDA or to any cause of action, case or controversy arising from such business or affairs.
(C) Limited Waivers of Sovereign Immunity.
(1) The sovereign immunity of the SDA may be waived only by express resolution of the Senate, after consultation with its attorneys. All waivers of sovereign immunity shall be preserved with resolutions of continuing force and effect.
(2) Waivers of sovereign immunity are disfavored and may be granted only when necessary to secure a substantial advantage or benefit to SDA. Waivers of sovereign immunity shall be specific and shall be limited as to: (a) duration, grantee, transaction, property or funds; (b) the court having jurisdiction; and (c) the applicable law.
(3) Neither the power to sue and be sued provided in Section 6-02.160(L) of this Charter nor any express waiver of sovereign immunity shall be deemed a consent to the levy of any judgment, lien or attachment upon property of the SDA other than property specifically pledged or assigned, or upon any property of the Tribe, or a consent to suit in respect of any land within the exterior boundaries of the Reservation or a consent to the alienation, attachment or encumbrance of any such land.
(D) Credit of the Tribe. Nothing in this Charter or any activity of SDA shall implicate or in any way involve the credit of the Tribe.
[History] Ord. 187 (9/30/03); Res. 98-9-11 (9/24/98); Ord. 127 (9/24/98).
2-06.140 Limitations.
The SDA may not:
(A) Expressly, impliedly, or otherwise through its status or activities, subject the Tribe to obligations or liabilities arising from contract, tort, regulation, licensing, taxation, or any other matter;
(B) Pledge the credit of the Tribe;
(C) Dispose of, mortgage, or otherwise encumber real or personal property of the Tribe;
(D) Waive any right of the Tribe or release any obligation owed to the Tribe; or waive any other rights, privileges or immunities of the Tribe;
(E) Name the Tribe or attempt to join the Tribe in any claim, action, suit, proceeding, dispute or other matter, whether as plaintiff, defendant or otherwise, without the express written consent of the Senate, and any such attempt is hereby declared to be ultra vires of the SDA's powers and authority;
(F) Claims Made in Litigation. In litigation or any administrative or regulatory proceeding or in any mediation or arbitration or any other dispute resolution proceeding, the SDA shall neither assert nor concede to any claims regarding the legal status, powers, authority or immunities of the SDA, the Tribe, the Reservation, or activities taking place or property found thereon without the express, written consent of the Senate; and
(G) Execute any documents or make any final decisions that require the express prior consent of the Senate by resolution, pursuant to Section 6-02.160.
[History] Ord. 187 (9/30/03); Res. 98-9-11 (9/24/98); Ord. 127 (9/24/98).
2-06.150 Assets of SDA.
The SDA shall have only those assets assigned to it by the Senate or acquired
by the SDA after its organization. Neither any activity of the SDA nor any indebtedness
incurred by the SDA shall in any way implicate or involve any interest in assets
of tribal members or the Tribe not assigned in
writing to the SDA.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.160 Powers.
The SDA shall have and is authorized to exercise the following powers in furtherance
of the foregoing purposes, to the extent not prohibited by applicable law or
this Charter, and with the express prior consent of the Senate by resolution
to each such action, unless otherwise provided
herein:
(A) To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve, use and deal in and with tangible and intangible personal property of every kind and description, money, securities, real property, rights and services of any kind and description or any interest therein, except as prohibited by applicable law; provided that the SDA shall have authority to purchase or otherwise acquire any interest in real property, whether located on or off the Reservation, and title to such real property or interest therein and property that is to become a fixture or permanent improvement or part of the real property shall be taken in the name of the Tribe or in the name of the United States in trust for the Tribe, and title to all trust and restricted real property shall remain in trust or restricted status;
(B) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of the personal property and assets, or any interest therein, of the SDA;
(C) To borrow money and to make, accept, endorse, execute and issue bonds, debentures, promissory notes, guarantees and other obligations of the SDA for monies borrowed, or in payment for property acquired or for any of the Purposes of the SDA, and to secure payment of any such obligations by secured interest, mortgage, pledge, deed, indenture, agreement or other instrument of trust or by lien upon, assignment of or agreement in regard to all or any part of the property, rights or privileges of the SDA, subject to any restrictions contained in this Charter and applicable law;
(D) To arbitrate, compromise, negotiate or settle any disputes relating to the authorized activities of the SDA to which it is a party;
(E) To enter into, perform and carry out or cancel and rescind contracts for any lawful purpose pertaining to its business or which is necessary or incidental to the accomplishments of its purposes;
(F) To invest and reinvest its funds in such mortgages, bonds, notes, debentures, shares of preferred and common stock, and any other securities of any kind whatsoever and property, real, personal or mixed, tangible or intangible, and provided further, that any interest acquired in real property, whether located on or off the Reservation, shall be taken in the name of the Tribe or in the name of the United States in trust for the Tribe;
(G) To furnish management, administrative and other business advice, support, training and technical assistance to tribal members involved in business ventures and programs owned, operated, or assisted by the SDA;
(H) To conduct educational activities designed to provide instruction or training of tribal members in technical, language and job skills;
(I) To engage in business ventures that will carry out the purposes of this Charter, either as sole proprietor or in partnership, joint venture or otherwise;
(J) To provide job training, employment, and managerial development opportunities to tribal members;
(K) To retain the services of any business consultants or professionals and may retain the tribal attorneys, or, with prior consent of the Senate, other attorneys;
(L) To sue in all courts of competent jurisdiction and to be sued, subject to and limited by the requirements of Section 2-06.130;
(M) To conduct its affairs, carry on its operations and exercise the powers granted under this Charter in any state, territory, district or possession of the United States, or in any foreign country;
(N) To engage in any and all activities that will directly and indirectly carry out the purpose of the SDA as set forth above; and
(O) To take all action that shall be necessary and proper for carrying into execution the foregoing powers and all of the powers vested by this Charter as permitted by the purposes and powers herein stated.
[History] Ord. 187 (9/30/03); Res. 98-9-11 (9/24/98); Ord. 127 (9/24/98).
2-06.170 Tribal Policy.
All actions of the SDA and all of its business affairs shall be in full compliance with the policies of the Tribe as designated from time to time by written resolution of the Senate.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
Subchapter III – Structure of the SDA
2-06.180 Composition and Term.
The SDA shall at all times be comprised of four (4) members of the Senate, who shall be appointed by the Senate and shall serve for one (1) year terms. At the end of the term, the Senate may vote to renew the terms or may vote to replace an SDA Member for any reason.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.190 Decisions.
The general policies, scope, and procedures of the SDA shall be determined by majority vote of the four (4) SDA Members, which shall exercise all powers of the SDA granted by this Charter.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.200 Present SDA Members and Officers.
The present SDA Members shall serve until the selection of their successors, and the dates when their terms expire, unless sooner terminated by resignation or removal in accordance with the Charter and Bylaws of SDA, are set opposite their names and address below: The first president of the SDA is Lorraine Loomis and the first Vice President of the SDA is Brian Cladoosby.
| NAME | ADDRESS | EXPIRATION OF TERM | |
| 1. | Lorraine Loomis | PO Box 817, LaConner, WA 98257 | 10/01/1999 |
| 2. | Brian Cladoosby | PO Box 817, LaConner, WA 98257 | 10/01/1999 |
| 3. | Marv Wilbur | PO Box 817, LaConner, WA 98257 | 10/01/1999 |
| 4. | Susan Wilbur | PO Box 817, LaConner, WA 98257 | 10/01/1999 |
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.210 Selection of SDA Members.
In selecting the SDA Members, the Senate shall give due consideration to:
(A) The qualities of experience, industry, responsibility, integrity, judgment, and sensitivity to the unique Indian cultural and social conditions and goals of the Tribe;
(B) The need for diversity of experience;
(C) The need for adequate expertise in and understanding of the various businesses managed by the SDA; and
(D) Any conflicts of interest that may exist.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.220 Resignation.
Any SDA Member may resign at any time by delivering a written resignation to the Senate. The resignation shall be effective upon receipt, unless otherwise provided by the terms thereof.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.230 Removal of SDA Members.
(A) The SDA Members may be removed from office during their respective terms only by the Senate and only for serious inefficiency or neglect of duty or misconduct in office, but, except as provided herein, only after a hearing before the Senate, and only after the SDA Member has been given notice of the specific charges at least ten (10) days prior to such hearing. At such hearing, the SDA Member shall have the opportunity to be heard and present witnesses on the SDA Member's behalf. In any removal action, a record of the proceedings, together with the charges and findings shall be kept. A decision to remove an SDA Member by the Senate shall be final.
(B) If the Senate determines that immediate removal of an SDA Member is necessary to protect the assets or activities of the SDA or of the Tribe, the SDA Member may be temporarily removed immediately, and the question of permanent removal shall be determined pursuant to the hearing procedure specified in Section 6-02.230(A).
(C) Two (2) of the SDA Members may request that the Senate remove another SDA Member for serious inefficiency, neglect of duty, or misconduct in office. Following such request, the Senate shall determine whether to initiate removal proceedings under Section 6-02.230(A). The Senate's decision whether to initiate removal proceedings shall be final.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.240 Vacancies.
Whenever the number of the SDA Members shall for any reason be less than the number fixed by this Charter, any vacancies shall be filled by the Senate. Each SDA Member so appointed to fill a vacancy shall hold office for the remainder of the term of the position vacated.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.250 Officers.
The Officers of the SDA shall be a President and Vice-president, both to be initially selected by the Senate. The Senate shall appoint subsequent Officers prior to the expiration of each term. If there is disagreement as to the officer positions, the SDA shall defer the selection of officers to the Senate. Unless an Officer resigns, dies, or is removed prior thereto, an Officer shall hold office until a successor has been chosen and qualified. Any Officer may resign at any time by delivering a written resignation to the Senate in accordance with Section 6-02.220.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.260 Annual Meeting.
The annual meeting of the SDA Members shall be held at the principle office of SDA on the anniversary date of the approval of this Charter by the Senate.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.270 Other Meetings.
Other meetings of the SDA shall be held at any time as determined by the SDA Members or when called by either the President or two (2) SDA Members. Except as required for the annual meeting, each meeting shall be held at such place and such time as shall be specified by notice thereof.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.280 Telephone Meetings.
Any SDA Member may participate in a meeting of the SDA Members by means of conference telephone or similar communications equipment that enables all SDA Members participating in the meeting to hear one another.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.290 Record of Meetings.
The SDA shall keep, or cause to be kept, a complete and accurate record of all meetings, copies of which shall be furnished to the SDA Members and, upon request, the Senate.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.300 Voting.
Each SDA Member shall be entitled to vote on each matter coming properly before the SDA subject to restrictions set forth in Section 6-02.330.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.310 Bylaws.
The Senate may adopt, amend or repeal the Bylaws of SDA, consistent with the provisions of this Charter and Applicable Law.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.320 Duties of Officers.
The Officers shall have the following duties and powers:
(A) President. The President shall be the Principal Officer of SDA. The President shall, when present, preside at all meetings of the SDA, sign with any other Officer authorized by the Senate, any deeds, mortgages, contracts, or other instruments that the Senate has authorized to be executed, and, in general, shall perform all duties incident to the office of President and such other duties as may be prescribed by the Senate from time to time.
(B) Vice-president In the absence of the President, or in the event of his or her inability or refusal to act, the Vice-president shall perform the duties of the President and when so acting have all the powers of and be subject to all the restrictions of the President. In addition, the Vice-president shall perform such other duties as shall, from time to time, be assigned by the President or Senate.
(C) Treasurer. [Reserved]
(D) Delegation. In the case of absence or inability to act of any Officer and of any person herein authorized to act in an Officer's place, the SDA President or Senate may from time to time delegate the powers or duties of such Officers to another SDA Member.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
2-06.330 Conflicts of Interest.
(A) No SDA Member, attorney, agent or employee of the SDA shall in any manner, directly or indirectly, participate in the deliberation or the determination of any SDA matter directly affecting such person's pecuniary interest or the pecuniary interest of any corporation, partnership, individual or entity in which the person is directly interested.
(B) No SDA Member, agent or employee of the SDA or any official of the Tribe who exercises any responsibilities or functions with regard to any activity of the SDA shall voluntarily acquire any interest, direct or indirect, in any matter or in any property included or planned to be included in any project of the SDA, or in any contract, agreement or other transaction or proposal relating to an activity of the SDA, and no such person shall participate in any action of the SDA relating to the property, contract or other transaction in which such person has an interest. This provision shall apply to any contract or other transaction between the SDA and an SDA Member, agent, employee or tribal official, or between the SDA and any entity in which an SDA Member, agent, employee or tribal official is an owner, shareholder, member, director, officer, agent or employee, or in which he or she is otherwise interested.
(C) If an SDA Member, agent, employee or tribal official involuntarily acquires such interest, or voluntarily acquires such interest prior to appointment or employment with respect to the SDA, in any event, the person shall immediately disclose the person's interest in writing to the SDA, and such disclosure shall be entered upon the minutes of the SDA, and that person shall not participate in any action by the SDA relating to the property, contract or other transaction in which he or she has any such interest.
(D) Any intentional violation of the foregoing provisions of this Section shall constitute misconduct in office and a violation of the public trust and shall subject the person to removal from the SDA or other office held, and render such person liable to the SDA for any and all profits or gains of any kind or character that such person may have obtained by virtue of the violation of the trust. This Section shall not apply to acquisition of any interest in obligations that may be issued by the SDA in connection with any project.
[History] Ord. 187 (9/30/03); Ord. 127 (9/24/98).
Subchapter IV – Repealer and Severability
2-06.340 Repealer.
Ordinance No. 127 and Res. 98-9-11 are hereby repealed.
[History] Ord. 187 (9/30/03).
2-06.350 Severability.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances shall remain in effect.
[History] Ord. 187 (9/30/03).
Chapter 7 – Tribal Police
Sec.
2-07.010 Authority
2-07.020 Definitions
2-07.030 Tribal Police – Generally
2-07.040 Supervision
2-07.050 Restrictions
2-07.060 Appointment of Chief of Police
2-07.070 Duties of the Chief of Police
2-07.080 Subordinate Officers
2-07.090 Qualifications of Tribal Police
2-07.100 Training of Tribal Police
2-07.110 Duties of Tribal Police
2-07.120 Supervision and Conduct of Tribal Police
2-07.130 Code Enforcement Officers
2-07.140 Qualifications of Code Enforcement Officers
2-07.150 Conflict of Interest
2-07.160 Terms of Employment
2-07.170 Use of BIA Enforcement
2-07.180 Repealer
2-07.190 Severability
2-07.200 Effective Date
Legislative History
Enacted:
Repealed or Superseded:
2-07.010 Authority.
This Chapter is enacted pursuant to authority provided by Article VI, Section 1(k), (l), (o), (r) and (s) of the Swinomish Constitution.
[History] Ord. 200 (11/12/03).
2-07.020 Definitions.
Unless specifically stated elsewhere in this Chapter, the meaning of the terms used in this Chapter shall be as follows:
(A) “Chief” or “Chief of Police” means the Chief of the Swinomish Tribal Police Department appointed by the Senate.
(B) “Department” means the Swinomish Tribal Police Department.
(C) “Reservation” means all lands and waters within the exterior boundaries of the Swinomish Indian Reservation.
(D) “Senate” means Swinomish Indian Senate.
(E) “Swinomish Indian Tribal Community,” “Community” or “Tribe” means the federally recognized Indian Tribe reorganized pursuant to Section 16 of the Indian Reorganization Act of 1934, which is a successor-in-interest to signators of the Treaty of Point Elliot, 12 Stat. 927.
[History] Ord. 200 (11/12/03).
2-07.030 Tribal Police – Generally.
Tribal police officers shall be appointed by the Senate upon the recommendation of the Chief of Police to enforce the Criminal Code and all other tribal laws.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.040 Supervision.
Tribal police will act under the direction of the Chief of Police and shall be subject to the general direction of the Senate. The Senate shall direct the Chief to conduct an investigation on all reports and charges of misconduct on the part of the tribal police and shall authorize the Chief to exercise such proper disciplinary measures as may be consistent with existing tribal regulations.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.050 Restrictions.
Members of the tribal police force shall not be assigned or detailed for any duty not connected with the administration of law and order if such assignment or detail interferes in any way with the law and order program.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.060 Appointment of Chief of Police.
The Chief of Police shall be appointed by the Senate.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.070 Duties of the Chief of Police.
The duties of the Chief shall be as follows:
(A) To be responsible to the Senate for the proper and efficient enforcement of all law for which he or she has been given authority and for the efficient service and discipline of the tribal police officers and other persons under his or her supervision;
(B) To be responsible for arranging with the proper tribal official for the bonding of all tribal police, including him or herself, and for coverage for all tribal police and equipment under the tribe's liability insurance;
(C) To thoroughly investigate all complaints filed by any citizen against any personnel under his or her supervision and a written report of such complaint and the investigative action including his or her findings shall be made to the Senate;
(D) To notify the Senate in writing of any case of misconduct or neglect of duty on the part of subordinates and recommend the personnel action to be taken;
(E) To be responsible to the Senate, to willingly and faithfully perform any and all duties the Senate may order him or her to perform and to administer the duties of office in the manner required by the Senate;
(F) To coordinate investigative functions with state and county officers and officials, special officers, and other federal officials whenever appropriate in promoting law enforcement on the Reservation;
(G) To notify the appropriate Washington State authority of all motor vehicles reported to the Swinomish Police as stolen or recovered; and
(H) To perform such other duties as specified in a written job description approved and adopted by the Senate.
[History] Ord. 200 (11/12/03); Ord. 107 (12/6/94); Ord. 32 (3/4/75).
2-07.080 Subordinate Officers.
(A) The Senate may appoint, upon the recommendation of the Chief, officers of subordinate rank to the Chief, including but not limited to the rank of Lieutenant and Sergeant. These subordinate officers shall answer to the Chief and provide supervision to officers of lower rank.
(B) In addition to the minimum qualifications required for police officers, the ranking officers shall possess such other qualifications as established by the Chief of Police and the Senate.
(C) The ranking officers shall perform such duties as may be specified in a written job description or operations manual approved and adopted by the Senate.
[History] Ord. 200 (11/12/03).
2-07.090 Qualifications of Tribal Police.
(A) The minimum qualifications of all tribal police are as follows:
(1) Must be twenty-one (21) years of age or older;
(2) In sound physical condition and of sufficient size and strength to perform the duties required;
(3) Must possess courage, self-reliance, intelligence, and a high sense of loyalty and duty;
(4) Must never have been convicted of a felony;
(5) Must not have been convicted of any misdemeanor for a period of one (1) year prior to appointment;
(6) Successfully completed attendance at the Washington State Basic Law Enforcement Academy;
(7) Must have a minimum of a high school diploma or GED;
(8) Must be a U.S. Citizen;
(9) Must have a valid Washington State Driver’s License;
(10) Must be able to pass a written examination, an oral examination, a physical examination, a polygraph examination, a psychological examination, a medical examination, and a background investigation; and
(11) Must possess such other qualifications as the Senate deems appropriate.
(B) Preference in hiring shall be given to Native Americans in accordance with STC 14-01.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.100 Training of Tribal Police.
It shall be the duty of the Chief to cooperate with the Senate to maintain, from time to time as circumstances require and permit, classes of instruction for the tribal police. Such classes shall familiarize the officers with the manner of making searches and arrests, the proper and humane handling of prisoners, the keeping of records of offenses and police activities, the writing of reports, and with court orders and legal forms and the duties of the police in relation thereto and other subjects of importance for efficient police duty. It shall further be the purpose of the classes to consider methods of preventing crime and of securing cooperation with the community in establishing better social relations.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.110 Duties of Tribal Police.
Duties of tribal police shall be as follows:
(A) To promptly obey all orders of the Chief of Police or the Tribal Court when assigned to that duty;
(B) To lend assistance to fellow officers;
(C) To report and investigate all violations of any law or regulations coming to his or her notice or reported for attention;
(D) To arrest all persons observed violating the laws and regulations for which he or she is responsible;
(E) To inform himself or herself as to the laws and regulations applicable to the jurisdiction where employed and as to the laws of arrest;
(F) To prevent violations of the laws and regulations;
(G) To report to his or her superior officers all accidents, births, deaths, or other events or impending events of importance;
(H) To abstain from the use of narcotics and from excessive use of intoxicants and to refrain from engaging in any act which would reflect discredit upon the police department;
(I) To refrain from the use of profane, insolent, or vulgar language;
(J) To use no unnecessary force or violence in making an arrest, search, or seizure;
(K) To keep all equipment furnished in responsible repair and order;
(L) To report the loss of any and all property issued to him or her in connection with official duties;
(M) To use firearms only when necessary in arresting or overtaking a person who has committed a felony or in preventing the commission of a felony against person or property;
(N) To serve as a Deputy Special Officer or Deputy County Sheriff if directed to do so by the Senate and to coordinate his or her functions as a tribal police officer with his or her functions as a federal officer or county officer; and
(O) To perform such other and additional duties as may be specified in a written job description or operations manual approved and adopted by the Senate.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.120 Supervision and Conduct of Tribal Police.
(A) The tribal police officer is responsible to the Chief and must willingly and faithfully perform any and all duties the Chief may order him or her to perform.
(B) The officer shall administer his or her duties in the manner required by the supervisor and all official communications coming to the attention of or initialed by the police officer should be routed through the established chain of command.
(C) Officers shall obey all laws, rules and regulations, and shall be held strictly accountable for any act or omission prejudicial to good order and discipline.
(D) Officers will cooperate with outside government agencies when cooperation is consistent with the tribal law but shall ever bear in mind that their primary responsibility is to the Tribe.
(E) Officers shall be fair and impartial in all their dealings with the public. Tact and patience shall be used in all official contacts, but officers shall employ enough firmness to ensure obedience to the law.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.130 Code Enforcement Officers.
(A) The Senate shall appoint uniformed, sworn employees authorized to investigate, enforce, and issue infractions under designated Chapters of the Swinomish Tribal Code.
(B) Code enforcement officers shall perform their duties in accordance with accepted, contemporary practices and department policy. All assigned duties and tasks are expected to be performed in an effective, efficient and safe manner.
(C) Code Enforcement Officers receive direct supervision from any full-time police officer or higher ranking officer.
(D) Code enforcement officers will receive semi-annual written performance evaluations by the Chief or his or her designee.
[History] Ord. 200 (11/12/03).
2-07.140 Qualifications of Code Enforcement Officers.
(A) The minimum qualifications of code enforcement officers shall be as follows:
(1) Must be twenty- one (21) years of age;
(2) Must have a minimum high school diploma or GED;
(3) Must be a US Citizen;
(4) Must possess a valid Washington State Driver's License;
(5) Must have a reasonably clear driving record;
(6) Must be able to pass a thorough background check including a criminal history background check and/or polygraph examination; and
(7) Must possess such other qualifications as the Senate deems appropriate.
(B) Preference in hiring shall be given to Native Americans in accordance with STC 14-01.
[History] Ord. 200 (11/12/03).
2-07.150 Conflict of Interest.
No officer or employee of the tribal police force shall permit any member of his or her immediate family to interfere in any way with the performance of official duties nor shall the officer discuss or make available to his or her family or any other person any information that was obtained by his or official position that is not otherwise public record. This Section is in no way meant to prevent the officers or employees from release of such information to other law enforcement officers, courts, or other authorized persons. Failure to comply with this section shall be grounds for dismissal under Section 2-07.150 of this Chapter.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.160 Terms of Employment.
Except as may be expressly directed in this Chapter, all aspects of the employment of all personnel of the Swinomish Police Department shall be subject to the terms and conditions of the Swinomish Tribal Personnel Policies and Procedures.
[History] Ord. 200 (11/12/03).
2-07.170 Use of BIA Enforcement.
The Bureau of Indian Affairs, Branch of Law Enforcement, is hereby authorized to enforce the Swinomish Indian Tribal Community Tribal Code when requested or in the event a situation may arise that would necessitate that action.
[History] Ord. 200 (11/12/03); Resolution 91-9-93 (9/24/91).
2-07.180 Repealer.
This Chapter repeals and supersedes Article XVI of Ordinance 32.
[History] Ord. 200 (11/12/03).
2-07.190 Severability.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances, is not affected.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).
2-07.200 Effective Date.
This Chapter shall take effect and be enforced immediately from and after its approval by the Secretary of the Interior or the Secretary’s designated representative.
[History] Ord. 200 (11/12/03); Ord. 32 (3/4/75).