General Council Regarding: NPTEC Sub-Committee (2011)

118 is SPRING

11F is FALL

General Council Regarding: NPTEC Sub-Committee

Resolution #: referred to:

NPGC-11S -01 Universal HRM Budget & Finance

NPGC-11S -02 Gaming Allocation & Feasibility Study | Budget & Finance

NPGC-118S -03 Trespass Land Commission / Law & Order

NPGC-11EF -04 Establish Committee GC, Human Resource, Law & Order

NPGC-11F -05 Coming Home Human Resources

NPGC-11F -06 Optical Services Human Resources

NPGC-11F -07 Drug Testing Budget & Finance

NPGC-11F -08 Youth Affairs/Advisory Board NPTEC & Board under HR

NPGC-11F -09 Amendment of the Constitution GC & NPTEC (Cost Share)

NPGC-11F -10 Gaming Allocation Plan Budget & Finance

Respectfully

Shannon Jackson, GC Chair

Jennifer Oatman, GC Secretary.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

GC-11S-01

RESOLUTION

the Nez Perce Tribe’s General Council has been empowered to act for and on half of the Nez Perce Tribal

Membership between meetings of the General Council, pursuant to the revised Constitution and By-

Laws, adopted by the General Council of the Nez Perce, on May 6, 1961 and approved by the Acting

Commission of Indian Affairs on June 27, 1961;

the Nez Perce Tribe has many Enterprises where the Tribe is able to determine the employment

qualifications for positions within those Enterprises; and

the Human Resources Manual has been under revision for a Universal Human Resource Manual to

govern all entities of the Nez Perce Tribe; and

the Enterprises are the Tribes sources where the Tribe alone determines the hiring practices; and

all entities of the Nez Perce Tribe currently advertise vacant positions on an “in-house” basis for

qualified Tribal Members to apply for those positions; and

The Tribe is a Sovereign Indian Nation, it is our goal to have Tribal Members in key positions as they

intimately know our natural resources, our communities, and have our collective best interests at heart;

employment of our Tribal Members will foster the elimination of poverty and all the related social ills;

and

there are other Tribes that the Nez Perce Enterprises could develop a model Tribal Member

employment preference policy, plan, to develop such a program for key management positions and mid

management positions; and

NOW THEREFORE BE IT RESOLVED, that qualified Tribal Members with no adverse conduct or performance issues will be

hired in entry level positions Grade 13 and below to hire Tribal Members; and

BE IT FUTHER RESOLVED, that the Universal Human Resources Manual include the language for our Tribally funded

entities follow the hiring policy, plan or program developed, and

BE IT FINALLY RESOLVED, that until the new Universal Human Resources Manual is adopted that this hiring policy be

implemented immediately under the existing Human Resources Manuals of the Tribal Entities to address

those positions that are funded by non restricted funding sources.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at the Spring 2011

General Council meeting on May 5 - 7, 2011 at Kamiah, Idaho with a quorum of its members being

present.

eB QOalne

S. De ~ “er Mazie-Daniels, sécretary

err Moffett, chairnty airnyn

GC-11S-02

RESOLUTION

WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on half of the Nez Perce Tribal

Membership between meetings of the General Council, pursuant to the revised Constitution and By-

Laws, adopted by the General Council of the Nez Perce, on May 6, 1961 and approved by the Acting

Commission of Indian Affairs on June 27, 1961;

WHEREAS, the Nez Perce Tribe has a current nine (9) member Executive Committee approved by the Constitution

of the Nez Perce Tribe; and

WHEREAS, in order to determine the impacts of changes to that nine (9) member Executive Committee the Tribal

General Council would like to request Gaming Allocation for fiscal year 2012 to research impacts to the

Tribal organization; and

WHEREAS, the Constitution and By Law of the Nez Perce Tribe also allow for the election of Executive Committee

Officers by the Executive Committee in a reorganization meeting held immediately after the General

Election, Spring General Council; and

WHEREAS, the Tribal Membership would like to have those Officer positions elected by the General Council during

the General Election, at the Spring General Council; and

WHEREAS, the impact study should also address the impacts to the Election Ordinance, Process, Primary and

General Election if those Executive Committee Officer positions are elected by the General Council; and

WHEREAS, the Constitution and By Laws of the Nez Perce also require that Tribal Members return to the

reservation to participate in any election process; and

WHEREAS, the General Council has long requested absentee voting for the Primary and General Election; and

WHEREAS, that the impact study shall determine the feasibility of conducting absentee voting in the Election

Ordinance, Process, Primary and General Election; and

NOW THEREFORE BE IT RESOLVED, that the General Council hereby requests Gaming Allocation in the amount of

$25,000.00 to establish a Feasibility and Impact Study of such changes to the Tribal Organization for the

fiscal year 2012 General Council budget, and

BE IT FUTHER RESOLVED, that the Resolution Committee develop a scope of work, that a request for proposals based

upon the scope of work be completed with oversight of the contract by the Resolutions Committee, and

BE IT FINALLY RESOLVED, that the study be completed and presented to the Fall General Council for possible

amendments to the Constitution and By Laws of the Nez Perce Tribe per the Amendment Process

outlined in the Constitution and By Law of the Nez Perce Tribe.

The foregoing resolution was duly adopted by the Resolutions Committee as presented to the Nez Perce General Council

in regular session on May 5 —7, 2011 at Kamiah, Idaho with a quorum of its members being present.

GP wf Orta

azie/Daniels, Secretary

a - yn

Elliott Moffett, Chairmgn

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

GC-11S-03

RESOLUTION

the Nez Perce Tribe’s General Council has been empowered to act for and on half of the Nez Perce Tribal

Membership between meetings of the General Council, pursuant to the revised Constitution and By-

Laws, adopted by the General Council of the Nez Perce, on May 6, 1961 and approved by the Acting

Commission of Indian Affairs on June 27, 1961;

the Nez Perce Tribe has Tribal and Individual Indian Lands held in Trust with the Bureau of Indian Affairs;

and

the Bureau of Indian Affairs has the Trust responsibility to ensure that those lands are managed in the

best interests of the Land Owner; and

Leases for use of land held in Trust must have a management plan, a signed lease for a term or period of

time; and

the Land Owner should be compensated fairly and justly, at market value for use of the Land; and

when there are discrepancies in the management of Land Leases that the Bureau of Indian Affairs shall

act in the benefit for the Individual Indian Land Owner or Tribal entity;

Trespass is a serious and growing problem on the Nez Perce Reservation where private citizens,

companies and businesses are profiting from Individual Indian Lands held in Trust with the Bureau of

Indian Affairs; and

that Trespass has been well documented, verified by the appropriate Law Enforcement Agencies and all

necessary steps for notification to the Bureau of indian Affairs have been followed; and

no compensation for years of Trespass on Individual Indian Lands within the Nez Perce Reservation have

been received, no action taken against the Trespasser, and no follow-up by the Bureau of Indian affairs

has been received by the Individual Indian Land Owner, and

NOW THEREFORE BE IT RESOLVED, that the Bureau of Indian Affairs, Nez Perce Tribal Executive Committee and Tribal

Law Enforcement work together on resolution to documented Trespass on the Nez Perce Reservation,

and

BE IT FUTHER RESOLVED, that the Bureau of Indian Affairs and Nez Perce Tribal Executive Committee report at the

Spring and Fall General Council the status of current, new and resolved Trespass reports, and

BE IT FINALLY RESOLVED, that the Individual Indian Land Owner(s) be notified in writing and through United States

Postal service the status of the Trespass annually.

The foregoing resolution was duly adopted by the Resolutions Committee as presented to the Nez Perce General Council

in regular session on May 5 — 7, 2011 at Kamiah, Idaho with a quorum of its members being present.

QR. i h Out _

SA, => <r Makiebaniels Secretary

< Elliott Moffett, Chai

airy an

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

GC-141F-04

RESOLUTION

The General Council and the Nez Perce Tribal Executive Committee has established Constitution

and By-Laws, Tribal Codes and Personnel Policies and Procedures for employees of the Nez Perce

Tribe and Enterprises,

The Nez Perce Tribe in exercising its power of self government has implemented Codes and

Policies through its Executive, Legislative, and Judicial branches, and

The Indian Civil Rights Act of 1968 (25USC Section 1301-1303) states that no tribe in exercising

powers of self government shall deny to any person within its jurisdiction the equal protection of

its laws and they will not deprive any person of liberty and property without due process of law,

and

The Nez Perce Tribal Executive Committee is compelled by the Indian Civil Rights Act to have due

process and equal protection which applies to all criminal, civil, and administrative proceedings,

and

ICRA due process requires that NPTEC must notify employee(s) of any action that is planned and

shall give opportunity for the employee to be heard and chance to present their side.

Furthermore, the employee shall be informed fully of the employer’s position and due process in

an administrative proceeding. NPTEC must comply with their own tribal code, constitution,

policies and procedures and shall not be arbitrary or unfair and the process shall be “fair” and

reasonable, and

The ICRA protects all persons within the tribal jurisdiction from abuse of their civil rights, and NP

Tribal Programs, Enterprise, NMPH, Tribal Contractors and NPTEC shall not ‘subject any person

and/or compel any person” by duress, force, discrimination, politics, and/or pressure to resign, be

terminated, and/or threaten any person from a job without due process, and

History of tribal programs have proven that the Nez Perce Tribe has displayed unfair and unequal

treatment toward tribal members for employment purposes and as tribal employees. This includes

stringent requirements for employment and the NP Personnel Policies & Procedures are not

implemented fairly for tribal members, and

The ICRA has been tested in federal court concerning tribal government employee rights and after

all tribal remedies have been exhausted said employee has the right to file in Federal court

against the tribe, and

Tribal employees who have been forced from employment or terminated have suffered undue

harm to reputation, non-payment of hours worked, emotional stress, career in jeopardy not

receiving unemployment benefits, unemployed and blacklisting from future employment with

programs within the NP tribe, and

THEREFORE BE IT RESOLVED, that the General Council shall establish a committee to review Personnel Policies &

GC-11F-04

Procedures regarding job descriptions, hiring practice, due process and wrongful termination of

tribal members.

BE IT FURTHER RESOLVED, This committee will provide their findings at the Fall General Council. And recommend

appropriate change in;

Job Descriptions and Hiring Practices that eliminate tribal members

Recommend penalties for tribal contractors, program supervisor(s) who violates NPP&P and

ICRA by abuse of authority toward tribal members who are tribal employees

3. Wrongful Termination

4. Adopt within ordinance, labor employment and labor disputes.

BE IT FURTHER RESOLVED that all tribal employees whose civil rights have been violated depriving them of

employment, forced to resign and/or have been terminated from employment without good reason shall have

opportunity of due process and equal protection, and

FINALLY BE IT RESOLVED THAT tribal members shall opportunity to have their case heard by this committee. And,

should their case be in favor of the employee consideration for employment, monetary damages

and satisfaction from Tribal Programs, Enterprise, tribal contractors and the NPTEC,.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at the Fall

2011 General Council meeting on September 23, 2011 at Kamiah, Idaho with a quorum of its

members being present.

wat puche, Ad. Ce fy,

ree Jennifér D. Oatman, Secretary

_ >

Shannon Fan) on, Ghairm3n

eh NS SS SP Sl ES

GC-11F-04. Page 2

GC-11F-04

RESOLUTION

WHEREAS, The General Council and the Nez Perce Tribal Executive Committee has established Constitution

and By-Laws, Tribal Codes and Personnel Policies and Procedures for employees of the Nez Perce

Tribe and Enterprises,

WHEREAS, The Nez Perce Tribe in exercising its power of self government has implemented Codes and

Policies through its Executive, Legislative, and Judicial branches, and

WHEREAS, The Indian Civil Rights Act of 1968 (25USC Section 1301-1303) states that no tribe in exercising

powers of self government shall deny to any person within its jurisdiction the equal protection of

its laws and they will not deprive any person of liberty and property without due process of law,

and

WHEREAS, The Nez Perce Tribal Executive Committee is compelled by the Indian Civil Rights Act to have due

process and equal protection which applies to all criminal, civil, and administrative proceedings,

and

WHEREAS, ICRA due process requires that NPTEC must notify employee(s) of any action that is planned and

shall give opportunity for the employee to be heard and chance to present their side.

Furthermore, the employee shall be informed fully of the employer's position and due process in

an administrative proceeding. NPTEC must comply with their own tribal code, constitution,

policies and procedures and shall not be arbitrary or unfair and the process shall be “fair” and

reasonable, and

WHEREAS, The ICRA protects all persons within the tribal jurisdiction from abuse of their civil rights, and NP

Tribal Programs, Enterprise, Tribal Contractors and NPTEC shall not ‘subject any person and/or

compel any person” by duress, force, discrimination, politics, and/or pressure to resign, be

terminated, and/or threaten any person from a job without due process, and

WHEREAS, History of tribal programs have proven that the Nez Perce Tribe has displayed unfair and unequal

treatment toward tribal members for employment purposes and as tribal employees. This includes

stringent requirements for employment and the NP Personnel Policies & Procedures are not

implemented fairly for tribal members, and

WHEREAS, The ICRA has been tested in federal court concerning tribal government employee rights and after

all tribal remedies have been exhausted said employee has the right to file in Federal court

against the tribe, and

WHEREAS, Tribal employees who have been forced from employment or terminated have suffered undue

harm to reputation, non-payment of hours worked, emotional stress, career in jeopardy not

receiving unemployment benefits, unemployed and blacklisting from future employment with

programs within the NP tribe, and

THEREFORE BE IT RESOLVED, that the General Council shall establish a committee to review Personnel Policies &

Procedures regarding job descriptions, hiring practice, due process and wrongful termination of

tribal members.

a eT

EN A NN TT eC

GC-11F-04 Page 1

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

GC-11F-05

RESOLUTION

Due to the historical trauma caused by the U.S. Indian policies intended to assimilate

and remove Native peoples from their homelands throughout this country and Canada

resulted in the loss and disruption of intergenerational ties for Nimiipuu with their

ancestral Nez Perce heritage, language and culture; and

Tragically for some families wanting to make a better future away from their home,

many relocated to the cities and severed their connection with their homelands,

community and tribe; and

Nimiipuu who have been disconnected from their ancestral tribal families and

communities also have experienced a tremendous loss of family values, customs and

beliefs; and

Due to Relocation policy in the 1950s several generations remain disconnected and

reside in the urban centers—it is estimated that more than 60% of all Indians in the 21*

century now live in urban settings; and

Repercussions from adoptions and child placements away from the family, community

and tribe of Native peoples resulted in severed ties and lost identity of many babies and

children prior to the ICWA 1979; and

Nimiipuu family and community connections have been adversely impacted and

sometimes completely destroyed; and

The psychological well being, tribal identity, and general health have been negatively

impacted for those who were removed or dislocated from their homelands, as well as to

their families left behind; and

The consequences of the loss of tribal identity, low self-esteem and unresolved

historical trauma have been shown to be associated with increased rates of alcohol and

drug use, high school dropout, teen pregnancy, violence, suicide, child abuse,

imprisonment, and other negative outcomes among Native peoples; and

The safety, education, health, and socio-cultural welfare of contemporary Native

peoples have been negatively impacted; and

There is clearly a desire by displaced enrolled tribal members to ‘come home’ and be

reconnected with family, community and tribe; and

The future wellness of the Nimiipuu tribe, community and people remain at risk of

further loss to its well-being if not addressed by the Tribe.

Pt

GC-11F-05

Page 1

NOW, THEREFORE BE IT RESOLVED that the Nez Perce Tribe recognize the consequences of the breakup

of families, communities and tribe resulting in loss of tribal identity, traditional values,

customs and beliefs; and

BE IT FURTHER RESOLVED that the Nez Perce Tribe provide a cultural event to formally ‘welcome home’

enrolled Nimiipuu members who have found their way back to the Nez Perce Tribe,

their families and communities; and

BE IT FURTHER RESOLVED that the event be planned and provided with cultural consultation from and

guidance with Nimiipuu traditional elder Horace Axtell and the Circle of Elders and with

respect to our ancestors and in consideration of future generations; and

BE IT FINALLY RESOLVED that the Nez Perce Tribe support delivery of the initiative to welcome home

disconnected tribal members in order to provide an opportunity for HEALING and

PEACEFUL RESOLUTION across generations, hereafter and for time immemorial and in

honor of our Nimiipuu heritage, language and culture.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at

the Fall 2011 General Council meeting on September 24, 2011 at Kamiah, Idaho witha

quorum of its members being present.

Ge BD Oot.

Seq SA Jehnifer D. Oatman, Secretary

>

Shannon Jackson, Chairntan

GC-1.1F-05 Pave 2.

GC-11F-06

RESOLUTION

WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on half of the

Nez Perce Tribal Membership between meetings of the General Council, pursuant to the

revised Constitution and By-Laws, adopted by the General Council of the Nez Perce, on

May 6, 1961 and approved by the Acting Commission of Indian Affairs on June 27, 1961;

WHEREAS, NiMiiPuu Elders are respected for their knowledge and lifelong contributions to the

preservation of history and language; and

WHEREAS, the people are very concerned with the quality of life for our Elders; and

WHEREAS, Diabetes has been devastating to our Elders and over people of all ages; and

WHEREAS, Diabetes does adversely affect the families of the Diabetic; and

NOW THEREFORE BE IT RESOLVED, that the General Council directs NiMiiPuu Health to prioritize Elders

and Diabetics in the provisions of urgent optical services; and

BE IT FURTHER RESOLVED, that the prioritization be based upon case management from the primary

physician documenting the adherence to the care plan; and

BE IT FINALLY RESOLVED, that the clinic documents the changes in the prioritization as outlined above

for posting in the Optical Center.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at

the Fall 2011 Genera! Council meeting on September 24, 2011 at Kamiah, Idaho with a

quorum of its members being present.

-, ~

WAL SAS Jennifer D. Oatman, Secretary

} _ >

Shannon Jackson, Chairman

GC-11F-07

RESOLUTION

WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on half of the

Nez Perce Tribal Membership between meetings of the General Council, pursuant to the

revised Constitution and By-Laws, adopted by the General Council of the Nez Perce, on

May 6, 1961 and approved by the Acting Commission of Indian Affairs on June 27, 1961;

WHEREAS, the Nez Perce Tribal Executive Committee (NPTEC) is elected by the Tribe on a staggered

term basis for nine members to serve the Nez Perce People; and

WHEREAS, the NPTEC is drug tested upon getting elected; and

WHEREAS, , _ Boards, Commission, General Council Officers are considered employees of the Tribe

but are not included in the drug testing; and

WHEREAS, Executive Officers, Managers and Directors are included as employees of the entities

they are employed with however it can be years before they are selected for testing;

and

WHEREAS, the drug testing policy for the Nez Perce Tribe’s entities is approved by NPTEC for all

employees of the Tribes entities to be conducted randomly throughout the year; and

WHEREAS, since NPTEC sets the standard that ail employees in ail entities must foilow that they

themselves be included in the drug testing monthly; and

NOW THEREFORE BE IT RESOLVED, that the Nez Perce Executive Committee include in the annual NPTEC

Budget monthly drug testing fees for the NPTEC members, General Council Officers,

Boards and Commissions, Executive Officers, Managers and Directors and to be

administered by the Chief Judge of the Nez Perce Tribe; and

BE IT FURTHER RESOLVED, that the monthly date/day for testing be random so that the testing does not

fall on the same day or date each month; and

BE IT FINALLY RESOLVED that the drug testing begins in October 2011 that if any of the above is on

delegation that testing shall take place upon return or the next business day.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at

the Fall 2011 General Council meeting on September 24, 2011 at Kamiah, Idaho witha

quorum of its members present.

~S Or~ Jerinifer D, OXtman, Secretary

Shannon Jackson, dhairinan

,

GC-11F-08

RESOLUTION

WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on half of the Nez Perce Tribal

Membership between meetings of the General Council, pursuant to the revised Constitution and By-

Laws, adopted by the General Council of the Nez Perce, on May 6, 1961 and approved by the Acting

Commission of indian Affairs on June 27, 1961;

WHEREAS, protecting, promoting, and providing for our Nez Perce youth is one of the most important functions

that we as Nez Perce adults and leaders do every day; and

WHEREAS, the pressing issues and extensive opportunities that are addressed by General Council directly impact

Nez Perce youth today and in the future; and

WHEREAS, in order to best address the issues and take advantage of the opportunities it is important to get direct

feedback from the youth themselves on what is important to them and what actions will have the

greatest benefit for them; and

WHEREAS, best practices in "youth engagement" show that positive change for youth is sustainable and effective

when youth have meaningful roles in planning and decisionmaking; and

NOW THEREFORE BE IT RESOLVED, that the General Council supports establishing a "Youth Advisory Board" as a

standing committee for General Council; and

BE IT FURTHER RESOLVED, that the General Council requests that the tribal Education Department Manager conduct

focus groups with Nez Perce youth in Kamiah, Kooskia, Lapwai, and Orofino to establish the scope and

purpose of the Youth Advisory Board, while also providing a means for off-reservation youth to give

feedback; and

BE IT FURTHER RESOLVED, the Education Manager will compile the results and draft by-laws and guidelines (researching

other tribal Advisory Board's structures) to be presented, with the Resolutions Committee, at

community meetings in Kamiah, Lapwai, and Orofino in March 2012; and

BE IT FURTHER RESOLVED, that the General Council also requests that NPTEC re-establish the Youth Affairs

Subcommittee as another avenue for youth to interact with tribal leaders and give priority to youth

issues; and

BE IT FINALLY RESOLVED, the Resolutions Committee will present the final Youth Advisory Board by-laws and guidelines

for approval at the Spring 2012 General Council meeting.

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at the Fall 2011

General Council meeting on September 24, 2011 at Kamiah, Idaho with a quorum of its members

~ Chr eds Jd. Oady

Dp _X jenhifer D. O8tman, Secretary

Shannon Jackson, ch air

GC-11F-09

RESOLUTION

WHEREAS, the Nez Perce Tribal General Council has been empowered to act for and on behaif of the Nez

Perce Tribe, pursuant to the revised Constitution and By-Laws, adopted by the General Council of

the Nez Perce Tribe, on May 6, 1961 and approved by the Acting Commission of Indian Affairs on

June 27, 1961;

WHEREAS, The Nez Perce Tribe constitution currently limits the residency requirements for the positions on

the Nez Perce Tribal Executive Committee to living within the 1863 Reservation boundary; and

WHEREAS, The Nez Perce Tribal government currently uses the symbol of the 1855 Treaty and the face of

renowned Chief Joseph in the tribal governmental jogo; and

WHEREAS, Those enrolled Nez Perce who live within the 1855 Treaty area cannot serve on NPTEC due to the

residency requirement; and

WHEREAS, Chief Joseph did not want to live on the current 1863 reservation and he and other Nez Perces

fled the area to live free in Canada and many suffered and died during their attempting to flee to

Canada; and

WHEREAS, There are many enrolled Nez Perces who through lack of housing within the 1863 Reservation

area wish to serve on the NPTEC but cannot due to lack of housing and jobs within this area; and

WHEREAS, the Nez Perce membership wishes to amend the Constitution to reflect the change in residency to

serve on the NPTEC; and

NOW THEREFORE BE IT RESOLVED, that the Nez Perce Tribal General Council hereby votes to hold a vote to allow

enrolled Nez Perces to change the residency requirement to serve on the NPTEC to the 1855

Treaty Area for the residency requirement; and

BE IT FURTHER RESOLVED that the Nez Perce Tribal Genera! Council officers and the NPTEC shall advertise this

vote and the NPTEC shall provide for all the funding to complete this vote and shall provide for

public notice for this vote on the Nez Perce tribal website, the local newspapers to ensure all

eligible voters are notified of this vote; and

BE IT FURTHER RESOLVED that the NPTEC and General Council officers shall provide for all necessary

arrangements and compliance with this vote to change the residency requirement to serve on the

NPTEC,

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at the Fall

2011 General Council meeting on September 24, 2011 at Kamiah, Idaho with a quorum of its

members being present.

< .

VASA Jennifer D. Oatman Secretary

Shannon Jackson, Ci@irmary airma

GC-11F-10

RESOLUTION

WHEREAS, the Nez Perce Tribe’s General Council has been empowered to act for and on behalf of

the Nez Perce Tribal Membership between meetings of the General Council, pursuant to

the revised Constitution and By-Laws, adopted by the General! Council of the Nez Perce,

on May 6, 1961 and approved by the Acting Commission of Indian Affairs on June 27,

1961;

WHEREAS, the Indian Gaming Regulatory Act specifically includes a finding that Indian Tribes have

the exclusive right to regulate gaming activity on Indian Lands if the gaming activity is

not specifically prohibited by federal law and is conducted within a state which does

not, as a matter of criminal law and public policy, prohibit such gaming activity; and

WHEREAS, the Nez Perce Tribal Executive Committee (NPTEC) adopted Resolution NP95-103

creating Nez Perce Tribal Gaming to the Nez Perce People; and

WHEREAS, the NPTEC shall provide a long term Gaming Allocation Plan available and ready for

Tribal Members review at the May 2012 Spring General Council Meeting; and

NOW THEREFORE BE IT RESOLVED, that the NPTEC shall immediately begin working cooperatively with

the Nez Perce Tribal Enterprise Executive Officer, General Council Chairman, a

representative of the Resolutions Committee and a member of the elders Board

creating this Gaming Allocation Plan immediately to include per capita payments to be

submitted to National Indian Gaming Commission; and

NOW THEREFORE BE IT RESOLVED, that a financial report of gaming revenue was given indicating the

Nez Perce Tribal Gaming was in excess of 7.5 million dollars; and

BE IT FURTHER RESOLVED that the NPTEC shail create and/or develop an allocation plan for the first

disbursement of gaming funds in the amount of $1,000.00 per capita payment after

taxes to be paid by December 16, 2011

BE IT FURTHER RESOLVED, that the NPTEC shall work in a cooperative manner in conducting these tasks

in attempts to meet the needs and desires of the People also known as the General

Council; and

The foregoing resolution was duly adopted by the Nez Perce Tribe General Council in regular session at

the Fall 2011 General Council meeting on September 24, 2011 at Kamiah, idaho with a

quorum of its members being present.

ee wid, oO) : O, ty,

»)

. ae Jenifer D. Oatman, Secretary

_ ee

Shannon Jackson, CKairmay