Pyramid Lake Paiute Tribal Council (2022)

Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

REGULAR MEETING MINUTES

Tribal Chambers ~ Nixon, NV

October 7, 2022

Members Present:

Steven Wadsworth, Vice Chairman

Harriet Brady, Councilmember Judith Davis, Councilmember

Nathan Dunn, Councilmember John Guerrero, Councilmember

Natalia Gonzales, Councilmember James Phoenix, Councilmember

Della John, Councilmember

Member Absent: Janet Davis, Tribal Chairwoman Edward Ely III, Councilmember

Note: This meeting was in-person but zoom conferencing was an option for presenters and audience.

CALL TO ORDER

Vice Chairman Wadsworth called the October 7, 2022, Regular Tribal Council meeting of the Pyramid Lake

Paiute Tribal Council to order at 6:00 p.m.

ROLL CALL

Brenda A. Henry, Tribal Council Secretary, took roll call. Councilmember Dunn arrived at 6:11 p.m.

Chairwoman Davis and Councilmember Ely were absent. All other Councilmembers were present at roll call

and a quorum was established for this meeting.

Vice Chairman Wadsworth noted Chairwoman Davis is out on approved travel.

APPROVAL OF AGENDA

Requested to add after the Consent Agenda Enrollment #1. Approval Acknowledgement of Relinquishment

with Resolution and addition under New Business #3. Approval October 2022 Domestic Violence Awareness

Month.

Councilmember Guerrero motioned to approve the agenda with the addition of Enrollment -

Acknowledgement of Relinquishment - Adult and under New Business #3. Request for Approval October 2022

Domestic Violence Awareness Month Proclamation. Seconded by Councilmember Davis. Votes were six (6) for

and zero (0) opposed with zero (0) abstentions. MOTION PASSED

PUBLIC COMMENT.

Bonnie Akaka-Smith. Food Distribution Program. Ms. Smith stated up to a few minutes ago she was the

Food Distribution Program Director (Ms. Smith turned in her resignation) and wanted to brief Council on the

Pyramid Lake Paiute Tribal Council

October 7, 2022, Regular

program’s budgetary issues because she did have a fiduciary responsibility to Tribal Council as the

governmental officials who oversee the program. She has been told and pressured for a week and a half prior

to this meeting that she is giving back over $300,000 to the United States Department of Agriculture (USDA).

That is not the case. This past Tuesday and Wednesday she was in her office day and night to reconcile every

last document. Bottom line it is about $150,000 going back and according to the USDA, it’s not a problem

because they are a start-up and have no historical figures to base their budget on (since the program is new).

It’s not an issue to bring it back and reissue it to the following year. She was told the issue was resolved. So,

she closed the doors as she was strongly suggested to do and to give away all the perishables and pantry

items. Then the next day she was told they found a solution and to send everybody a notice that they are

open and running as usual. They wiped out almost all the food they had other than the USDA food so, the staff

is rebuilding it. She had to then call every vendor again and tell them that the program was open again and

to proceed as normal. Because her health is more important, she would like to suggest to Council to meet

with multiple directors and to sign an agreement with them as they come in to have an open discussion and

that there will be no retaliation, no liability. They need to be honest because when she tried to find somebody

to come in as a witness on this meeting she had last week, every director she talked to was afraid of retaliation

and told her no. She had the Human Resources (HR) Director attend with her and when they are there, they

are supposed to be quiet and not say anything but the HR Director started defending what her supervisor

was saying so she had no recourse.

Diana Mitchell. Ms. Mitchell stated in regards to the same topic, listening to the chaos and abrupt change to

the food program, it’s important they recognize the community programs support one another in getting the

information out. She has promoted the food program because she knows they need their information sent

out and it’s a venue to get her information out. They need to recognize this program is a resource to not only

the elders but the community and not everyone is on Facebook, so there is a missing link somewhere. There

is a lot of people out there who don’t know this has happened. This is a program for the community and when

they do things like this they damage the community, they don’t trust them anymore. If there are things that

need to be fixed, tighten it up instead of pointing fingers. Instead of saying close it, it’s not thinking about the

community and their needs. The Tribe put a lot of money into that building, to get it up and going, so keep it

up and open.

Councilmember Dunn arrived at 6:11 p.m.

CONSENT AGENDA

Following items were included on the Consent Agenda:

Approval Enrollment - Regular Membership (3) with Resolution

Approval Kemp Jones LLP August 2022 Invoice

Approval Stetson Engineers Inc August 2022 Invoice #1336-2208 & #1336-01-2208

Approval Ratification of Poll Votes - Day Care Purchase WePlaySmart Touch Tables,

Chairwoman Travel 2022 NIEA Convention, Air Quality Vehicle Purchase, Elder Energy

Request Karen Moore

ON

Councilmember Guerrero motioned to approve the Consent Agenda. Seconded by Councilmember Dunn.

Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED. RESOLUTION

NO.: PL 109-22 ENROLLMENT - REGULAR MEMBERSHIP (3)

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October 7, 2022, Regular

Vice Chairman Wadsworth welcomed the new members of the Pyramid Lake Paiute Tribe:

Derek James Butcher

Luna Sage Kamp

Monica Maria Ruiz

ENROLLMENT. Joanne Shaw, Enrollment Officer

1. Request for Approval Enrollment - Acknowledge of Relinquishment with Resolution.

Councilmember Guerrero motioned to approve the Acknowledge of Relinquishment - Adult. Seconded by

Councilmember Dunn. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION

PASSED. RESOLUTION NO.: PL 110-22 ENROLLMENT - ACKNOWLEDGE OF RELINQUISHMENT -

JENNIE MARIE WADSWORTH

UNFINISHED BUSINESS

1. Comptroller Monthly Report. Douglas Williams, Comptroller

a. Numaga Senior Advisory Board Bank Account.

Mr. Douglas said he reached out to Wells Fargo representatives to let them what they wanted to do. He

included the September 22™4 bank statement for Council review. He noted the fees are stil] being applied

and also included the authorized signers for the account, Leona Collins, Carla Molino and himself. Also,

noted is the donation transfer along with the journal entry for their donation in the amount of $2,000. For

the additional fees, there were services that were added to the account along with some of the Tribe’s other

accounts that didn’t have those services which are fraud protection services. This was a recommendation

from the Tribe’s Treasury Management contact and were added to these accounts for the Tribe’s

protection, to include check fraud protection, to change fraud defaults, and pay to review return on account

on those two accounts listed. The other services that are on each of Tribe’s accounts are ACH fraud filter,

ARP register maintenance, image positive pay statements and notice transaction search, and Treasury

information reporting. It was his recommendation to have those protections added to all of the Tribe’s

accounts. Those were the services that had a fee that Numaga saw in the change. With review of his email

attached, the bank is looking at having those fees reversed because Numaga wants to go back to the way it

was with no fees. To make sure Council is aware, when they remove the fees the services will be removed,

and his recommendation to keep the services, the fraud protection and check fraud protection, the Tribe or

Council if they choose can pay for the fees to keep the services. He is asking Council for consent or directive

to move in that direction or not. The fees are $140.39 a month for just that account.

Councilmember John said that is about $1,600 a year in fees. Mr. Williams confirmed their account had

$4,730.21 as of September 30. Whatever is decided he will work with Wells Fargo to have the fees

reversed if that is what Council wishes.

Councilmember Brady said considering all the accounts the Tribe has with Wells Fargo, they are not

willing, considering Numaga is under the Tribe’s umbrella, to forgo the fees? Mr. Douglas said the bank will

reverse all the fees for that account but they won’t have the services. He could ask them if they would be

willing to waive the fees and keep the services but he is not sure they will. Councilmember Brady said he

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should ask since we bank with them a lot, why should they have to pay that much if they are under the

Tribe’s umbrella?

Councilmember John motioned to direct all service fees removed and to put the account back to the status it

was previously. Seconded by Councilmember Guerrero.

Leona Collins said they would like to go back to the type of account they had before where there were no fees

taken out because they only write a check for $75 when there is a senior death and unfortunately, they have

had a lot of those. They also might purchase prizes for parties and that is only what they spend their funds

on, and $140 out of their account a month is a lot of money. And to not have the Tribe as a check signer on

their account, right now their account has a high balance of $4,000 and their account has been as low as $400-

500.

Councilmember John asked why is the Comptroller a check signer? Isn’t that a violation of internal control

because he is moving money around? Mr. Williams said the recommendation at the bottom of his report says

being the Comptroller, having the financial responsibility for all the Tribe’s funds, finances and accounts.

Having access to all accounts listed at Wells Fargo, he notes some don’t have fraud protection services, so it’s

his obligation to protect the Tribe’s money. In doing so, it added those services and fees to the accounts that

don’t have it.

Councilmember Gonzales just wanted to ensure they can go back to the way the account was previously and

if they want to add those services later they can.

Councilmember Davis requested clarification if it could go back to the way it was before. Mr. Williams said

the account can go back to the way it was previously.

Councilmember Guerrero stated this was a directive previously given.

Votes were seven (7) for and zero (0) opposed with zero (0) abstentions. MOTION PASSED

Councilmember Davis said on the last page dated October 6t, from Wells Fargo it mentions the three check

signers, has that been changed or is he still a check signer for the elders? Mr. Williams confirmed they are the

authorized signers on the account now. Ms. Collins stated when they first found out what was going on, there

was a check signer on the account that wasn’t an authorized signer. Carla Molino stated the name was

removed.

2. Programs Office Monthly Report. Shellay George-Kawich, Programs Officer

Ms. Kawich explained from prior notes when she first submitted the Parks and Recreation position

description, it was stopped by Council and their directive, as she understood was to put the parks and

recreation back into it. She did put it back and she thought the directive was to bring it back to Council for

approval. She didn’t make any changes, it will remain Parks and Recreation.

Councilmember Dunn mention the description says to report to the Tribal Chairperson but it should be to

either Ben John or her. Ms. Kawich said she can make that change.

Councilmember Davis said the change should follow the organizational chart.

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Councilmember Davis motioned to move forward with the Parks & Recreation Position Description with the

change to the position from being under the Tribal Chairperson. Councilmember Davis also stated after looking

at the organizational chart, the position is under the Executive Officer, so it should probably either go under the

Programs Office or the Business Office depending upon how the Executive Team spit the programs. Ms. Kawich

stated it is under the Programs Office. Seconded by Councilmember John. Votes were seven (7) for and zero

(0) opposed with zero (0) abstentions. MOTION PASSED

Councilmember Dunn asked how it was going for the smartboards. Ms. Kawich said it’s going well with the

waiver, they don’t have anything pending. The waivers came through from the federal government.

Councilmember Gonzales asked moving forward, how much do they have and how long is the waiver for. Ms.

Kawich said Chairwoman Davis forwarded the information to Council in regards to the fund codes and grants

that were waived. Some of them were extended to 2023 and others to September 19, 2024.

Councilmember Brady suggested the next time something like this comes forward with a big purchase price,

she would like to see references to who else may have been using the equipment. At the time, Vice Chairman

Wadsworth said the Reno Sparks Indian Colony was using it. Ms. Kawich stated it was recommended through

Region Nine and all other regions and because the funding is there, a lot of other agencies are putting it into

force and ordering them.

Councilmember Davis asked if they were still advertising for a Child Care Coordinator or Director or are they

going to split the two? Ms. Kawich said currently Bernadette Wadsworth is the interim Director and the

position is announced.

NEW BUSINESS

1. Request for Approval Technology Consent Agreement for Easement for Fiber Optic Lines & Fiber

Optic Installation Services and Facility Use. Greg Gardner, Technology Director

Mr. Gardner provided an overview of the project. A Memorandum of Understanding (MOU) was done in June.

Gerlach is the target for Washoe County and they are working with Digital Technology who won the contract

to route to Gerlach. It is in the best interest of the Tribe to work with them to receive the benefit where they

will be able to get fiber to Marble Bluff as a revenue source and to allow them to piggy back on the Tribe’s

network to get into Reno once they get to Nixon which is another revenue source. Basically, from their node

building in the back yard, they will cross the maintenance yard, trench it and then go up on poles and around

the road maintenance yard, then over to Church Hill on the NV Energy poles, which is about two blocks

through the neighborhood. Then there will be new poles on Valley Road, a dirt road that goes out toward

Winnemucca flumes, on the right side of Marble Bluff, where they will pick up the NV Energy poles and go up

to Marble Bluff and they will continue to Gerlach. The NV Energy poles will continue on the reservation for

about 6 miles. This will save the Tribe $250,000 in construction to get to Marble Bluff and will save $125,000

in fiber equipment back into Reno. They will run a new network for the Tribe, that supports all the

subscribers on the cell tower and they will do all the maintenance on the fiber going out. The only thing the

Tribe will have to pay is for the fiber up to Marble Bluff to include the installation which is about $165,000.

The e-rate with Washoe County is for eight years on the contract up to Gerlach, which would be extended as

more customers come on as they build out. Once they apply, the Tribe needs to indicate a consent which is

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for the reason for the consent agreement to move forward. It will include meetings with BIA, the Chairwoman

and contractor on finalizing it.

Councilmember John said she would like to see a cost benefit analysis on the tradeoffs because right-away

and easements are bread and butter for the general fund and how many years is this to be at? Mr. Gardner

said it’s a 20-year easement and the easement is only three and a half miles up to the NV energy line on a dirt

road.

Councilmember Brady asked about the $150,000 remediation, would it be an issue if they raised it to $200-

500,000? Mr. Gardner stated it is included in the terms of the easement and yes, because they are probably

at a breaking point for what it’s worth for the project to go up. When he was working the numbers, he came

up with approximately $50,000, however, they will be paying the Tribe $12,000 a year. He emphasized the

BIA is going to go through the valuation issue, NEPA reclamation plans and performance bond, which they

will oversee. Councilmember Brady stated that was what she was trying to get at, the performance bond, if

they can raise it up to a minimum of $200-500,000 because of the issue they had with the Nevaco building

where it wasn’t cleaned up.

Mr. Gardner said performance bonds are expensive and tied to the cleanup which will probably be about $5-

10,000. When they trenched along the highway all the way from Sutcliffe on down it was like $25,000 and

with this project they are just putting in poles. Another point is the way the attorneys phrased the contract

is if the conditions are not satisfactorily met, the easement will not be granted.

Vice Chairman Wadsworth said there are differences with these two projects, like Mr. Gardner stated with

the trenching which was 40 miles, cut up the ground and reseeded for $25,000, with this project there is 75

poles where they will be digging a hole and putting it in which is a lot less damage for disturbance.

Councilmember Brady said she is for the project but she is concerned with the amount of the performance

bond.

Mr. Gardner said the amount was determined by the attorney, Pilar Thomas, the Tribe’s attorney. It was an

amount they came up with the contractor who was reluctant but was convinced to go along with it.

Ms. Thomas, said the challenge with trying to identify the appropriate amount of a performance bond is

having a good understanding of the cost of reclamation. One thing BIA does not typically require, is an

escalation of the bond. She heard the comment that in 20 years it might be more expensive to reclaim and

will probably will be but the regulations, however, do not require an escalation of the bond amount. That

doesn’t mean it can’t be requested. One option might be for the purpose for the initial costs, she was looking

at the documents and there is a proposed reclamation plan. DTS would have a cost estimate to comply with

and to complete the plan. With 60-65 poles there is a lot of digging, they have to go pretty deep, it’s not a

great area but itis a lot of holes going in the ground, these are not your typical telephone poles, they are going

to be a bit more than that. There is a reclamation plan for $150,000, is it the right amount? they could ask

BIA to resolve it for them. With some of the other pipeline easements where they have said to the pipeline

company, they don’t know what the number is, the company won't give them a number so they are going to

let BIA decide what the number is going to be because it is a condition of the grant. The BIA won’t approve

the grant unless they are satisfied with the bond. Another option would be if DTS is agreeable to have an

escalator clause in the bond amount so that, for example, every five years with this being an easement as they

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understand the terms of the deal, there would be no compensation for the easement. In lieu of the typical

cash compensation, DTS will be performing certain services for the Tribe, including building the power line

itself, putting in the poles and wires at no cost to the Tribe and yet providing a service to the Tribe because

the Tribe will have a fiber line attached to those poles and wires. That compensation is probably a fair

compensation but she thinks a point raised earlier asking to see a cost benefit analysis of that isn’t fair

compensation. You wouldn’t typically have an escalator clause outside of the easement payment, unless, it

was tied to the Bureau of Land Management (BLM) easement rates, which the Tribe does get on all their

easements that are approved, the Tribe is compensated exactly how BLM is compensated. There is an annual

adjustment every time the BLM rate adjusts which the Tribe gets also. It’s a starting point for whether they

are proposing is fair compensation in lieu of the Tribe getting paid. The performance bond covers more than

just reclamation, it also is intended to cover completion. It’s intended to cover payment and reclamation. The

BIA can determine what the bond is supposed to be or the Tribe can add an escalator clause so that in five,

ten years or halfway through the easement it can be re-evaluated. There is nothing in the regulations that

prevents this and there is nothing that requires it.

Councilmember Davis had a question regarding the map crossing the maintenance yard, she thought she

read the easement said they are going to trench 10 feet and the Tribe is agreeing not to do anything within

that 10 feet, but the Tribe has already lined up in this area that is shown on the map. Mr. Gardner said there

are pipes there but they will have to work around them since they are not going to move the pipes. They will

address this issue with BIA, the easement is to prevent the next person from interfering with what the Tribe

is doing. Councilmember Davis asked if it’s going to be one line. Mr. Gardner said it’s one cable with 24 fiber

optic lines, six for the Tribe, six for each tower. Councilmember Davis’ concern was them adding another line

under the easement. Mr. Gardner said it’s specified in the contract. Councilmember John said the area they

are talking about is being used by the Tribe, the ten feet can’t happen because it’s already being used all the

way up to Arrow Street. Mr. Gardner said they will be doing a title search, so they are outside that road

easement. Vice Chairman Wadsworth requested Councilmember John state for the record who is using the

land because they are talking with Richard Frazier and nobody has any land assignments there.

Councilmember John stated it’s a range unit and people go to the dump using that road, to the rodeo grounds

and it’s by the cemetery. Mr. Gardner said another point is if someone does want a land assignment there it

will be cheaper for them to run power because there will already be poles there.

Ms. Thomas said this easement is not an exclusive easement, the Tribe still has the right to use this easement

area as long as it doesn’t interfere with DTS’s use of the easement area which is the poles. You can’t put

buildings on the easement or other structures, but you can put fences on it if you need to protect things.

There is standard language in the Tribe’s easements that has been negotiated on all easements, refer to

section 2.2 on the easement agreement, the Tribe retains the right to use the easement area in any reasonable

manner which the Tribe desires but can’t obstruct any buildings or permanent structures, walls, fences that

would unreasonably interfere with the grantee DTS’s has purpose and uses. The Tribe may consent to other

easements over and along the easement area so long as the other easements don’t interfere. She doesn’t know

the exact legal description since she just received the documents that day and hasn’t had a chance to take a

look at the exact legal description. There will be a legal survey done where they will be able to determine

exactly where the road is versus where the lines will go. For example, the Tribe can give another easement,

a road under the power lines, the road would be an easement that would cross another easement. Grazing is

a perfect example, they have this on the pipelines further south because the Tribe would want to continue to

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let people graze on top of those pipelines. There is also language that states this easement cannot interfere

with existing rights either. Grazing rights have prior rights and there might be other easements out there

that have superior rights to this easement and DTS is risk to take the easement subject to existing rights.

Councilmember Brady motioned to accept the consent agreement to include an exploratory inquiry to the BIA

on the possibility of increasing the performance bond to a base of $200,000 and upward and to include an

escalator clause.

Ms. Thomas said In reviewing the documents for this agreement, they appear to be the one they drafted but

she has not had a chance to see if DTS changed anything in either of the agreements. With this in mind she

can’t recommend Council approve the documents until she had a chance to compare them to the original

language they drafted. Another requirement when submitting to BIA is a written resolution and when using

tribal funds there also needs to a written resolution which none was included. Without the resolutions, the

agreements will not have any validity to BIA or to the Tribe’s Constitution.

Councilmember Gonzales stated there was a resolution included but Ms. Thomas again stated she hasn’t read

the agreements or resolutions so she doesn’t know if they are sufficient.

Jonathan Young, CEO of Digital Technology Solutions, Inc., stated the pole line that is being proposed to go to

Marble Bluff/Gerlach is also a benefit of the Tribe to be able to service Marvel Bluff and provide revenue to

the Tribe via Washoe County and other institutions that are currently having services above Marble Bluff,

CommNet is one and the Tribe is looking at $1,000s of dollars a month from the work they are proposing by

going out to Marble Bluff and from the other entities on top of a revenue generation from DTS. Once it’s

installed the benefits won’t go away as long as the towers are on top of the mountain because cell service is

being provided also. There were no changes to the contracts, he’s accepted it exactly the way it was presented

with no changes.

Councilmember Brady motioned to rescind her previous motion and to table for legal review both consent and

facility use agreements with resolutions & to bring back to Tribal Council at the October 21, 2022 Special Council

meeting. Seconded by Councilmember Dunn. Votes were seven (7) for and zero (0) opposed with zero (0)

abstentions. MOTION PASSED

Councilmember Guerrero stepped down at 7:19 p.m. to present the next item.

2. Request for Approval Review & Directive Exclusion Ordinance. John Guerrero, Councilmember

Councilmember Guerrero is proposing a draft Exclusion Ordinance under the Legislative Branch to be

approved by Tribal Council, then have legal review, then to the Law & Order Committee to request 30 day

posting. He copied the ordinance from the Duck Valley Paiute Shoshone Tribe’s Exclusion Ordinance. Reno

Sparks also has an Exclusion Ordinance and they are excluding people off their reservation and where are

they going to go? They will probably come to Pyramid Lake with their issues. We need this ordinance for

public safety and domestic violence. That is the reason he is bringing before Council instead of the old fashion

route, going to the committees for approval. He’s using this as a Legislative Branch as a Councilmember to

bring this forward. After it’s approved, they can get legal review, send it to the committees, Police

Department, Domestic Violence and other programs that can take a look at the ordinance, then still have it

posted for 30 days.

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Councilmember Gonzales stated this is what was stressed at the conference they attended in Alaska, looking

into the ordinances and updating them. A lot of Tribe’s were looking into this exclusion to protect the people.

It was stressed about updating ordinances in place to protect the community.

Councilmember Dunn asked what is the difference between banishment and exclusion? Councilmember

Guerrero said it’s a paragraph with 3 lines in the constitution. Councilmember Dunn said he is for it but he

would rather have community input before they move forward. Councilmember Guerrero said this a

Legislative Branch request coming from a Councilmember, they can give directives to committees. He’s done

it in 2017-18 and they are finally going through with the Secretarial votes. They have given committees

directives and they are still waiting after how many years? Councilmember Dunn noted typos and

corrections, with the organizational chart, the Chairperson would not direct the Law Enforcement, it would

be the Executive Officer and they need to amend the organizational chart.

Councilmember Davis said they need to note for the record this draft Exclusion Ordinance is not being voted

on but for Council to review, direct it to the Law & Order Committee for review, editing and posting for public

comment. The committee needs to look at what’s in the draft Exclusion Ordinance and what is currently in

the Law & Order Code.

Jolyn Sander said what is in the Law & Order Code is nothing, it doesn’t cover, she agrees with

Councilmember Guerrero. There are a lot of issues on the reservation and they are from non-tribal members

that whether it be their spouse for domestic violence or in her daughter’s case, Law Enforcement was called

14 times, she even filed a restraining order to protect her grandchildren but didn’t have any standing in the

court because she didn’t live in the home. There are no avenues if the victim chooses to stay in the

relationship. He was removed off the reservation a couple of times but they come back. There are non-tribal

members in court with serious narcotic charges and you know they are dealing because they are caught with

the drug items and the court has no penalties for them. The drug issue amongst the children is greater than

it’s ever been. Fentany] is the big thing now, they are lacing it with everything, the kids are killing themselves,

their brains and this is our future generations. We have to take steps to protect our tribal members and

remove those, even if they are tribal members. There are so many children here whose parents not taking

care of the kids, the grandparents are raising them. They are not productive citizens in the communities so

they don’t need to be here.

Councilmember Gonzales stated it was one thing that was stressed, is how do they protect the minors? There

are a lot of issues on how minors are not protected and the loop holes in the judicial system. There are people

who are habitual offenders but keep getting off because they don’t care about the penalties. Ms. Sanders

agreed, they had one tribal member in court who had three domestic offenses and they received house arrest,

who knows this won't result in a fatality.

Irwin Mix said this is an important issue for all the communities but they have a committee that is supposed

to follow through with what is being brought, this should be brought to the Law & Order Committee. The

Council needs to make a directive to the committee to jump on this ASAP, otherwise, why even have

committees if you are not going to use them.

Diana Mitchell, Law & Order Chairperson, said there was a meeting a month or so ago where there was a

directive and they've been waiting for it to come their way. She did give the committee advance warning of

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this. They have already started to look at information from Duck Valley, Reno Sparks and Washoe Tribe to

prepare for it.

Leona Collins said everyone has probably all heard by now about our neighboring tribe with the shootings

and stabbings and they have excluded their tribal members for a good number of years. What's to protect

our Tribe from those people coming here? Because they are our family members here, does the Tribe honor

what other tribal courts or their Council has done or do we ignore it.

Jolyn Sander said we should honor it, if they are caught here or seen out here it needs to be brought to ouncil’s

attention to do an exclusion from the reservation because we do have all these ties. Need to also expedite

this process for this ordinance, the way it was done in the past is they have held a working group meeting

with different programs, the law enforcement, the court, any Councilmembers with legal in attendance so

everyone is on the same page.

Councilmember John said the way the ordinances are, they can be presented by any tribal member who can

write an ordinance and put it together as a proposal.

Lesley Hawley said it’s a good recommendation and she agrees but wants Council to remember that this has

to align with the Constitution a well. She would recommend to move forward but be careful of what type of

approval is made.

Karen Shaw said similar to what this is about as with the Cattle Association, they have people who come here,

or are married to somebody here and if they are convicted of a crime, like cattle wrestling from another

reservation, they are not allowed to run cattle or horses on the ranges. It’s a mutual agreement among the

associations. If you are going to consider banning someone, you need to consider civil rights.

Irwin Mix mentioned back in 2000s, the Chief of Police came before Council regarding a person who was tier

one living across from Natchez and they had him escorted that night off the reservation, the Council decided

to ban him from the reservation. It has been done by Council before.

Councilmember Gonzales said they don’t want to micromanage but it has been discussed with the different

ordinances, they wanted to see them updated but she is not sure if it’s been stressed by administration.

Vice Chairman Wadsworth recommended a motion.

Councilmember Davis would prefer to move forward with a consensus because a motion would seem like

they are accepting this ordinance as presented and with a consensus it would allow to move forward and to

allow changes as needed.

Councilmember Phoenix said to include the working group to expedite the process.

Councilmember Brady asked if this starts with a working group? Councilmember Davis said it would be the

Law & Order Committee first and they would create the working group.

Ms. Mitchell said she has already reached out to Wes Williams in regards to the exclusion when she thought

a directive was coming from Council and they were preparing for it. She is requesting the information be

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Pyramid Lake Paiute Tribal Council

October 7, 2022, Regular

forwarded to her so they can get it out to the departments for review and get it on their agenda for their next

meeting.

Leona Collins stated if you are on a board or committee and you know something needs to be changed do

they need a directive from Council? No, they don’t.

Vice Chairman Wadsworth stated the consensus of Tribal Council was to officially send the draft Exclusion

Ordinance to the Law & Order Committee, they will move forward with creating a working group to expedite a

draft document to bring back to Tribal Council for approval to post.

3. Request for Approval October 2022 Domestic Violence Awareness Month Proclamation.

Ms. Sander explained October is Domestic Violence month, and they do have events scheduled for later in the

month.

Councilmember Davis had one correction at the end of the proclamation to add Domestic Violence Awareness

Month.

Councilmember Brady motioned to approve the Domestic Violence Awareness Month Proclamation. Seconded

by Councilmember Dunn. Votes were seven (7) for and zero (0) opposed with zero (0) abstentions.

MOTION PASSED

Councilmember Gonzales asked if the Parks & Recreations went back to the Personnel Committee for

approval to be presented back to Council. There were corrections from the Personnel Committee and HR.

Ms. Hawley stated any changes will go through the Personnel Committee. When Council tabled it, they didn’t

accept the recommendations and they wanted to return recreation under the job description. It has to go

back with the changes recommended by the Personnel Committee and then it would be put back on the

agenda for action. Next Personnel Committee meeting is scheduled for November 1+ since they already had

their October meeting. It should be on her report for approval in November.

There were questions on the previous motion for this job description, whether it was approved to move

forward for posting or if to send back to follow the process. Tribal Secretary read the motion which was to

move forward with the change to the position being under the Tribal Chairman back to the Executive Officer,

Ben John or the Programs Office.

Ms. Hawley stated by approving it and moving forward they are setting precedence for any job description

that comes before Council outside of the process.

Councilmember Davis rescinded her previous motion and motioned to move forward with the Parks &

Recreation Position Description by following procedure and forwarding to the Personnel Committee for review

then back to Tribal Council for approval. Seconded by Councilmember John. Votes were seven (7) for and zero

(0) opposed with zero (0) abstentions. MOTION PASSED

Councilmember John asked if the audit was done on September 30'. Vice Chairman Wadsworth said that

would be a question for the Comptroller.

ADJOURNMENT

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Pyramid Lake Paiute Tribal Council

October 7, 2022, Regular

With no further business before the Tribal Council, Councilmember Dunn motioned to adjourn the meeting.

Councilmember Guerrero seconded the motion. Votes taken were all in favor, motion carried.

The meeting adjourned at 7:53 p.m.

Submitted by,

Findlaw

Tribal Council Secretary

CERTIFICATION

The foregoing minutes were adopted by the Pyramid Lake Tribal Council, governing body of the Pyramid

Lake Paiute Tribe, at a meeting duly held on the 4“ day of November 2022, having nine (9) members present,

constituting a quorum, by the vote of eight (8) FOR and zero (0) OPPOSED, with zero (0) ABSTENTIONS.

Minutes attested and concurred by:

Ali,

Janet Davis, Tribal Chairwoman

Pyramid Lake Paiute Tribal Council

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