DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

DEVELOPING A TRIBAL ORDINANCE: A TRIBAL LEADER PERSPECTIVE

WHY? WHEN? WHO? WHAT? HOW? BENEFIT?

WHY? TO PROTECT, ASSERT, MAINTAIN AND/OR ASSUME AUTHORITY AND JURISDICTION TO REGULATE ACTIVITIES IMPACTING TRIBAL WELFARE, HEALTH AND SAFETY THEREBY STRENTHENING THE INHERENT SOVERIENTY AND AUTHORITY OF THE TRIBE

WHEN? To Plan, Prepare, Prevent, and Protect Tribal Resources, Land and People or to Address an Immediate or Unanticipated Need or Event

WHO? Typically there are three common ways a tribal ordinance is initiated: By the Tribal Members, Tribal Staff, or Tribal Council. A less common avenue is for an outside consultant or organization proposes its development. Regardless of the pathway a tribal attorney or attorneys will provide review and make recommendations or changes prior to approval by either the tribal council or tribal membership.

WHAT? Basically any code or ordinance developed by a city, county, state, or congress could also be enacted by a Tribe, if there is a need.

WHAT? Tribes may have the following types of codes and ordinances: Animal Control, Budget, Building, Child Welfare, Domestic Relations, Elections, Enrollment, Ethics, Exclusion, Gaming, Housing, Judiciary, Legislative, Land, Natural Resource, Per Captia and Sex Offender.

HOW? Typically, tribal laws are the “will of the people” and it is enacted by a vote of the tribal membership or by the governing body i.e. Tribal Council depending upon Tribal Constitution, Customs and Traditions or Other Governing Document.

BENEFIT—EXTERNAL: PROMOTES COMMUNICATION, CONFIDENCE, TRUST, AND RESPECT WITH OTHER AUTHORITIES (CITY, COUNTY, STATE AND FEDERAL) AND MAY CONTRIBUTE TO ACHIEVING STATE-TRIBAL JURISDICTIONAL RECIPROCITY

BENEFIT—INTERNAL: DEPOLITICIZES ACTIONS/AUTHORITIES/ENFORCEMENT BY PROVIDING A WRITTEN AND STABLE STRUTURE FOR CONTINUITY BETWEEN ELECTIONS AND ADMINISTRATIONS )

So What Next?

SOLID WASTE: DUMP CLOSURE AND WASTE TRANSFER STATION 1973—Opened New Open Dump Site 1993—Open dump assessed EPA action 1994—Drafted Solid Waste Management Plan 1996—Tribal Member Provided Outreach 1998—Dump officially closed 2003—Solid Waste Ordinance Approved

Hoopa Enrollment Ordinance: 45 years Hoopa Enrollment Ordinance: 45 years! 1963—2 votes before a final change—2008

www.tribal-institute.org

www.narf.org

Questions?