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Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations
Last amended: 1999 Ordinance
Number .
Original Date: February 19, 1980 Siletz Tribal Code §2.110
§2.110 AUTHORITY AND PURPOSE
The purpose of this ordinance is to establish a system of codification for the Ordinances and other controlling documents of the Confederated Tribes of Siletz Indians of Oregon. This codification system is designed to provide for a logically consistent ordering of the Ordinances and other government documents of the Siletz Tribe, and also contains a format and referencing system to ensure that there is one consistent, authoritative version of the Siletz Tribal Code. The authority for this Ordinance is the Constitution of the Confederated Tribes of Siletz Indians of Oregon. §2.111 DEFINITIONS
For the purposes of this Ordinance, the following definitions shall apply:
(a) "Footer" shall mean standardized, formatted text that appears at the bottom of every page of a document.
(b) "Governing documents" shall mean those documents, other than Tribal Ordinances, that have a binding legal effect on the Tribe, tribal members, Committees or Departments of the Tribe, or tribal officials and employees, and shall include but not be limited to, the Tribe's Constitution, Tribal Council Rules of Procedure, Confederated Tribes of Siletz Indians of Oregon v. State of Oregon Consent Decree, the Personnel Policy, and the Tribal-State Indian Child Welfare Act Agreement.
(c) "Header" shall mean standardized, formatted text that appears at the top of every page of a document.
(d) "Secretary" shall mean the Secretary of the Tribal Council of the Confederated Tribes of Siletz Indians of Oregon, or such other person as may from time to time be designated recordkeeping responsibility by the Tribal Council pursuant to §2.115 of this Ordinance.
(e) "Tribal Council" shall mean the Tribal Council of the Confederated Tribes of Siletz Indians of Oregon.
(f) "Tribe" shall mean the Confederated Tribes of Siletz Indians of Oregon. There is hereby established a codification system for the organization of and reference to all Siletz Tribal Ordinances and other governing documents. This codification system and the persons responsible for its maintenance are set out in the sections below. All Ordinances previously adopted by the Tribe shall, within a reasonable time from the adoption of this Ordinance, be reformatted and renumbered to be consistent with the codification system set out herein, as well as, where practicable, other governing documents.
(a) Name of Code. The codification of Ordinances and other governing documents pursuant to this Ordinance shall be referred to as the "Siletz Tribal Code."
(b) Organization by Subject Matter. The Siletz Tribal Code shall be organized in groups of ordinances and/or governing documents with similar subject matter. Each subject matter grouping shall be designated as a chapter of the Siletz Tribal Code, and shall be identified by a whole number. For example, the second chapter of the Siletz Tribal Code, covering Tribal Government, shall be designated as Chapter 2.
(c) Numbering of Ordinances and Governing Documents. Ordinances and other governing documents shall be identified by the following numbering system: Each Ordinance or governing document shall be identified by the Chapter number followed by a decimal point and the two- or three-digit number designated for the first section of that Ordinance. Subsequent sections of the Ordinance shall be numbered consecutively after the first section. Additional ordinances within each subject matter chapter shall begin their numbering sufficiently far from the last section number of the previous ordinance to permit room for amendment of existing Ordinances to add new sections. For example, the first section of the STEDCO Charter, entitled "Authority," shall be identified as Siletz Tribal Code §7.01.
(d) References and Citations. When referencing or citing a provision of the Siletz Tribal Code, such provision shall be referenced or cited as follows: The letters "STC" followed by the appropriate chapter and section number, and where applicable, the letters and numbers of the relevant subsection in parentheses. For example, when citing to this section of the Codification Ordinance, the citation will read "STC §2.113(d)." Whenever a reference is made to the Siletz Tribal Code, or to any portion of the Code, or to any Ordinance or governing document of the Confederated Tribes of Siletz Indians of Oregon, codified therein, the reference shall apply to all amendments, corrections and revisions made at the time this Ordinance is originally adopted or any time thereafter.
(e) Establishment of Subject Matter Chapters and Numbers: This Ordinance hereby establishes the following subject matter chapters, which shall include the ordinances and/or governing documents set out beneath it identified by the numbering system following this section. Not all of the Ordinances listed below have been adopted yet by the Tribe. Those not yet adopted are listed as "reserved," meaning that the Chapter and number so designated shall be reserved for the Ordinance named, if such Ordinance is thereafter adopted by the Tribe.
(f) Authority to Expand Siletz Tribal Code. The Siletz Tribal Council shall establish such additional subject matter chapters at any time as the Tribe develops its set of governing laws, and shall insert other Ordinances and/or governing documents in the existing or additional subject matter chapters as needed. This Ordinance shall not be construed as requiring the tribe to enact any specific Ordinance.
(g) Siletz Tribal Codes Books. Copies of the Siletz Tribal Code shall be kept in volumes that organize the Code in numerical order as set out above. The Siletz Tribal Council may create as many copies of the Siletz Tribe Code Books and distribute them as it deems necessary. An adequate supply of Code Hooks shall always be on hand to supply a copy to any tribal member or other person who requests one. The Tribe may charge a nominal fee to cover reproduction and binding costs to persons who request a copy of the Code. A copy of the Siletz Tribal Code shall be available for inspection free of charge at each tribal Area office.
(a) Ordinance Numbering. Each Ordinance or other governing document shall be designated an identifying number within the system described above. As new Ordinances or governing documents are added to certain chapters, they shall be designated identifying numbers that follow sequentially from the Ordinances/governing documents already identified in that Chapter, leaving room for expansion or amendment of existing Ordinances. For example, if Chapter 2 has three Ordinances in it, the first Ordinance shall be designated STC §2.01 et seq., the third Ordinance shall begin at STC §140, and a fourth Ordinance added to that Chapter would begin a sufficient number of Sections beyond that number to provide for expansion and amendment of the third Ordinance in that Chapter.
(b) Section, Subsection, and Subpart Identification. Major sections in each Ordinance shall be designated sequentially in alphabetical order by section numbers. Subsections to these major sections shall be designated sequentially in alphabetical order by small letters. Subparts of these subsections shall be designated sequentially by arabic numerals in sequential order. Subparts of these subparts shall be designated sequentially by small Roman numerals. Each Ordinance shall be formatted by indenting each successive sublevel further to the right than the previous level. An example follows:
(c) Header Information. Every page of every Ordinance or governing document shall have a header containing the following information: the name of the Ordinance/governing document centered at the top; the words "Siletz Tribal Code" followed by the designated beginning section number for that Ordinance/governing document below that, followed by an underline that separates the header from the rest of the text.
(d) Footer Information. Every page of every Ordinance or governing document shall have a footer containing the following information: The date the Ordinance/governing document was adopted in the left margin; the date of its most recent amendment, if applicable, in the right margin; the page number centered on the following line; and a line above the footer text separating it from the rest of the text.
(e) Inconsistent Ordinances or Governing Documents. If there are two or more inconsistent copies of an Ordinance or other governing document, the document with the more recent date of amendment shall be presumed to be controlling. All volumes of the Siletz Tribal Code (except for any Faster volumes) shall contain only the most recently amended version of the Ordinances and governing documents that comprise the Siletz Tribal Code.
(f) Renumbering Existing Ordinances and Governing Documents. All existing Ordinances and governing documents, as of the date this is enacted, shall be renumbered to be consistent with the organization system set out in this Ordinance.
(a) Tribal Council Secretary. The Tribal Council Secretary, or such other person designated specifically by the Tribal Council, is hereby designated primary responsibility for recordkeeping and updating regarding the Siletz Tribal Code. The Tribal Council Secretary shall be responsible for obtaining an accurate and complete copy of any Ordinance or other governing document adopted or amended by the Siletz Tribe, and for formatting that document in accordance with the requirements of this Ordinance. The Secretary shall then cause copies of the new document to be sent to all persons who have copies of the Siletz Tribal Code and who are on the Tribe's updated list of Code owners, with instructions to insert the document in a certain location in the Code book and, if appropriate, to discard previous versions of that document.
(b) Master Volumes of the Siletz Tribal Code. The Tribal Council Secretary shall maintain at least three Master Volumes of the Siletz Tribal Code: One copy designated for the Siletz Tribal Council, one for the Tribal Administration (General Manager or Chief Executive Officer), and one for the Tribal Court. The Master Volumes shall be maintained so as to keep as complete a legislative record of such Ordinance and governing documents as possible.
(c) Tribal Council Secretary's Power of Certification. The Tribal Council Secretary is hereby empowered to certify as conformed, true copies any copies made for official purposes of any Ordinance, governing document, or other official document on file in the offices of the Siletz Tribe. Certification can be done by any method that makes it clear that the Secretary has certified the document as a conformed, true copy of the document on file, so long as the Secretary's signature is included as part of the certification.
The use of the format and organization required by this Ordinance shall, in and of itself, have no legal effect, and shall not be construed to influence in any way the force and effect of Siletz Tribal Ordinances and governing documents. Adopted |