Chapter 2.20
EXCLUSION
Sections:
2.20.050 Grounds for removal and exclusion.
2.20.060 Petition for exclusion – Who may file.
2.20.110 Refusal/failure to accept service.
2.20.130 Standard for decision.
2.20.150 Order of exclusion – Service.
2.20.160 Continuance, failure to appear.
2.20.170 Order of exclusion – Enforcement.
2.20.180 Emergency removals – Grounds.
2.20.190 Notice of opportunity to request hearing.
2.20.200 Hearings on emergency removals.
2.20.010 Purpose.
This chapter is enacted to provide a process for exercising the Chehalis Tribe’s authority to remove and exclude, from the Tribe’s jurisdiction, persons who are not members of the Chehalis Tribe whose presence may be injurious to the peace, health, or welfare of the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.1.010.]
2.20.020 Jurisdiction.
The Chehalis Tribal Court shall have jurisdiction over all matters arising under this chapter. All means necessary to exercise that jurisdiction are delegated to the Court. In the exercise of jurisdiction under this chapter, if the course of proceeding is not specified, any suitable process may be adopted by the Court, in keeping with the spirit of the laws of the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.1.020.]
2.20.030 Who may be excluded.
Any person who is not a member of the Chehalis Tribe may be removed and excluded from the territorial jurisdiction of the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.1.030.]
2.20.040 Definitions.
The following terms when used in this chapter shall have the meaning set forth in this section:
“Chehalis law enforcement” means any person or agency authorized by the Business Committee to enforce this chapter.
“Child” means any person under the age of 18 years who is the biological, foster, or adoptive child of a member of the Chehalis Tribe.
“Exclusion” means an order denying entry onto property which is under the jurisdiction of the Chehalis Tribe.
“Natural resources” includes but is not limited to fish, wildlife, shellfish, timber, water, and minerals.
“Proper authority” means (1) a court order recognized as valid by the Tribal Court or Business Committee; or (2) permission to remove the child, granted by a parent or other person who has lawful authority to give permission to remove.
“Removal” means an order for the physical removal of a person from the territorial jurisdiction of the Chehalis Tribe.
“Usury” means the usury rates prevailing in the State of Washington at the time of the loan. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.2.010.]
2.20.050 Grounds for removal and exclusion.
Any person subject to this chapter may be removed and excluded from the territorial jurisdiction of the Chehalis Tribe for any of the following reasons:
A. Committing an act that violates the criminal or civil laws of the Chehalis Tribe, whether or not the Tribe has jurisdiction to prosecute the person for the act;
B. Any act that violates the criminal laws of the State of Washington or of the United States of America, whether or not the person may be prosecuted by the State or United States;
C. Evading arrest or prosecution for an offense committed in another jurisdiction;
D. Failure to comply with any legal process, notice, subpoena, order, or other decree issued by the Tribal Court, General Council, or Business Committee or any Tribal administrative procedure panel;
E. Removing or attempting to remove any child of a member of the Chehalis Tribe without proper authority;
F. Any act causing physical loss or damage to property not his own;
G. Disturbing or destroying grave sites, artifacts, or other sites and objects of historical or anthropological value without authorization from the Business Committee;
H. Unauthorized possession of, taking, or injury to natural resources within the territorial jurisdiction of the Chehalis Tribe;
I. Hunting, fishing, woodcutting, driving livestock, or dumping without authorization from the Chehalis Tribe;
J. Repeated violation of Tribal, County, or State traffic regulations;
K. Interference or threats to interfere with the business activities of the Chehalis Tribe;
L. Failure to pay Tribal taxes, assessments or user fees;
M. Inducing any member of the Chehalis Tribe to enter into a grossly unreasonable contract of any nature;
N. Committing usury against any Tribal member;
O. Defrauding any member of the Chehalis Tribe of just compensation for labor or service done at the request of the nonmember;
P. Repeated harassment of members of the Chehalis Tribe, Tribal officials, Tribal employees, or persons who are on contract with the Tribe;
Q. Photographing, tape recording, or interfering with any ceremony without permission of the participants;
R. Failure to comply with any Tribal law, policy, or contractual obligation regarding employment practices;
S. Repeated breaches of the peace including but not limited to those breaches of the peace committed while under the influence of alcohol or drugs;
T. Unauthorized removal or attempt to remove Tribal property or property of Tribal members;
U. Presence within the jurisdiction of the Chehalis Tribe during a time when that person is legally required to be in school. This applies only to persons under the age of 18 years who are not members of the Chehalis Tribal Community;
V. Failure to obtain a Tribal permit or to comply with the terms of such permit when required to do so under the laws or procedures of the Tribe;
W. Conducting missionary activities without permission of the Business Committee;
X. Any action by words or deed which threaten the health, safety or welfare of members of the Tribe, the Tribal community, employees of the Tribe or other residents of the Reservation. [Res. 2017-99; Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.3.010.]
2.20.060 Petition for exclusion – Who may file.
The Business Committee may file a written petition in the Tribal Court requesting the removal or exclusion of any person who is subject to this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.010.]
2.20.070 Petition – Contents.
A petition shall include:
A. The name of the person to be removed or excluded;
B. The specific grounds, under CTC 2.20.050, for the removal or exclusion;
C. The factual basis for the request; and
D. The signature of the petitioner. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.020.]
2.20.080 Notice of hearing.
If the Court finds that the petition meets the requirements of CTC 2.20.070, it shall cause a notice of hearing to be served on the respondent. Service of the notice shall be made by Tribal law enforcement or by any person at least 18 years old and not a party to the case. If personal service fails, the order may be served by certified mail, return receipt requested, to the respondent’s last known address. If this fails, service may be made by posting the notice on the person’s last known residence or any method authorized by the Court. If the respondent is not a resident in the Tribe’s jurisdiction, the order may be served by certified mail, return receipt requested, to the respondent’s last known address. The process server shall return an affidavit of service to the Court. The notice shall include:
A. The date, time, and place of the hearing;
B. A statement that the respondent may be represented by counsel, at his own expense;
C. A statement that the respondent may present testimony of witnesses;
D. A copy of the petition; and
E. A statement that failure to attend the hearing may result in an order of permanent exclusion or removal. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.030.]
2.20.090 Defective petition.
If the Court finds that the petition does not meet the requirements of CTC 2.20.070, it shall dismiss the petition without prejudice and shall cause notice to be served on the petitioner stating the manner in which the petition was defective. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.040.]
2.20.100 Time of hearing.
The hearing shall be held not less than five working days and not more than 60 calendar days after personal service, mailing, or posting of the notice. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.050.]
2.20.110 Refusal/failure to accept service.
In the event that, following the setting of a hearing date for a hearing on exclusion, the respondent shall either refuse to accept service of the notice or shall make himself or herself unavailable for service, then on the date set for the hearing, upon formal proof sufficient to establish the basis for exclusion, the respondent shall be permanently excluded from the territorial jurisdiction of the Tribe, subject to the right of the respondent, within one year from the entry of the order of exclusion, to automatically reopen the matter and obtain a hearing without prejudice to decide the exclusion de novo. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2002-45. Prior code § 1.4.4.055.]
2.20.120 Conduct of hearing.
The petitioner and respondent shall have an opportunity to present witnesses and other evidence. All evidence which is necessary and relevant to decide the case is admissible. Witnesses may be subpoenaed for either party upon request. Failure of the Court’s subpoena power to obtain a witness’ presence shall not be cause to dismiss the petition. The parties may be represented by counsel, at their own expense. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.060.]
2.20.130 Standard for decision.
The Court may enter an order of exclusion if, based on the evidence presented, the Court is reasonably certain that:
A. The individual or entity committed an act or omission which falls within one or more grounds for exclusion; and
B. Exclusion is necessary to protect the health, safety, or welfare of the community. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.070.]
2.20.140 Order of exclusion.
The Court may orally advise the parties of its decision at the hearing or may issue an opinion no later than five working days from the date of the hearing. In either case, the Court shall prepare a written order and cause it to be served on both parties. Written orders of exclusion shall include:
A. The grounds for the decision;
B. The date and time the individual or entity must remove himself;
C. The duration the order is to be in effect;
D. Any circumstances under which the individual or entity may be permitted to return. For example, payments of restitution, evidence of rehabilitation, visitation of children, visitation during certain times only, and a limited time to return to pick up belongings; and
E. A date by which the Court will review the order and circumstances or conditions attached, if the individual or entity requests a review. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.080.]
2.20.150 Order of exclusion – Service.
An order of exclusion shall be personally served on the respondent if the respondent resides within the jurisdiction of the Chehalis Tribe. Service shall be made in the manner specified in CTC 2.20.080. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.090.]
2.20.160 Continuance, failure to appear.
The Court may, in its discretion, grant a continuance of the hearing upon respondent’s request. If the respondent fails to appear at the time set for a hearing, after proper notice of the hearing has been given, the Court may enter an order of exclusion. The order shall be served on the parties and shall contain the information required under CTC 2.20.140. A respondent excluded after his or her failure to appear may request a hearing to explain the reasons for the failure to appear. If the Court finds the respondent’s failure to appear was for good cause, it shall reschedule a full hearing on the matter of exclusion. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.100.]
2.20.170 Order of exclusion – Enforcement.
The Court may request Tribal law enforcement to supervise the removal of the respondent. Tribal law enforcement, in its discretion and under its supervision, may allow the person to gather any necessary belongings from the jurisdiction of the Chehalis Tribe, prior to removal. If the respondent fails to voluntarily remove himself within the time limit stated in the order, Tribal law enforcement may physically remove him or her. Tribal law enforcement shall use only so much force as is reasonable to accomplish the removal. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.4.110.]
2.20.180 Emergency removals – Grounds.
Tribal law enforcement may remove from the jurisdiction of the Chehalis Tribe any person subject to exclusion under this chapter if Tribal law enforcement observes that an immediate danger to health, safety or property exists and delay would result in irreparable harm. Tribal law enforcement, in its discretion and under its supervision, may allow the person to gather any necessary belongings from the jurisdiction of the Tribe, prior to removal. Tribal law enforcement shall advise the Business Committee of all actions it takes under this section within one business day of taking the action. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.5.010.]
2.20.190 Notice of opportunity to request hearing.
The Chehalis Tribe shall cause a notice of the opportunity to request a hearing to be sent to the person removed, by certified mail, return receipt requested. The notice shall state:
A. The reason for the removal;
B. A statement that the person or entity may request a hearing before the Tribal Court within five working days of service of the notice. The hearing shall be scheduled no later than 20 working days from the date the person requests a hearing; and
C. A statement that failure to request a hearing within the time limits prescribed may result in a permanent order for exclusion being entered by the Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.5.020.]
2.20.200 Hearings on emergency removals.
Hearings following an emergency removal shall be conducted consistent with CTC 2.20.120 (Conduct of hearing), 2.20.130 (Standard for decision), 2.20.140 (Order of exclusion), 2.20.160 (Continuance, failure to appear), and 2.20.170 (Order of exclusion – Enforcement). [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.5.030.]
2.20.210 Who may appeal.
Any aggrieved party to an exclusion action may appeal the final order of the Tribal Court. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.6.010.]
2.20.220 Rules for appeal.
Appeals under this chapter shall be governed by Chapter 3.35 CTC. [Res. 2011-020; Res. 2006-63; GC vote 4/18/1989. Prior code § 1.4.6.020.]
2.20.230 Dissemination of a list of individuals excluded and/or permanently excluded from the Reservation.
The Chehalis Tribal Police shall prepare and disseminate a list of all individuals who have been excluded and/or permanently excluded from the Reservation by Tribal Court order. At the discretion of Public Safety, the list shall be provided to departments of the Tribe, other Chehalis Tribal entities, and the list may be posted at various locations on the Reservation. Such a list shall also be updated and disseminated from time to time. [Res. 2019-67.]