3.10.060 Exclusion procedures and proceedings

3.10.060 Exclusion procedures and proceedings.

1. If someone has been convicted of an excludable crime, the Tribal Council or exclusion officer is authorized to take official notice of such conviction and may initiate exclusion proceedings based on their personal knowledge or observation of conduct or conditions that would be grounds for issuance of an exclusion order, without being required to file a report or conduct an investigation pursuant to this section.

2. Any individual authorized to reside or conduct business on Tribal lands or entity or agency of the Tribe who witnesses or has reason to believe a person (“alleged violator”) is engaging in behavior or misconduct prescribed or prohibited under this chapter may also file a written report with the Tribal Council or exclusion officer. Such report shall include the following information:

a. The name and address of the alleged violator;

b. The description of the alleged misconduct or unlawful act;

c. The date, time, and place or location of the alleged misconduct or unlawful act; and

d. Any supporting documents and evidence.

B. Investigation. The exclusion officer shall investigate all reports filed under this section through WTC 3.10.080 and notify the Tribal Council within 10 calendar days of receiving such report(s) of the alleged violator’s misconduct or violations of law pursuant to this chapter.

C. Cease and Desist Notice. Where applicable, and upon authorization by the Tribal Council, the exclusion officer shall send the alleged violator a cease and desist notice by certified mail, advising the alleged violator to cease and desist the misconduct, objectionable condition, or other violation of law, and/or to voluntarily leave Tribal lands. Such notice shall clearly state the consequence of not complying with the notice, including temporary or permanent exclusion from Tribal lands, and provide reasonable time for the alleged violator to comply with the notice. A cease and desist notice is not required where the grounds for exclusion are status grounds, i.e., conviction of a felony, etc. Persons subject to exclusion based on their status as convicted criminals for offenses prohibited by this chapter are subject to a notice of exclusion hearing under subsection (D) of this section without issuance of a cease and desist notice under this subsection.

D. Notice of Exclusion Hearing. If the alleged violator continues to engage in the misconduct, maintain the objectionable condition, violate the law or fails to voluntarily leave Tribal lands after receipt of the cease and desist notice where one is required, or is subject to exclusion based on his or her criminal status, the exclusion officer shall, upon authorization by the Tribal Council, serve on the alleged violator a notice of exclusion hearing before the Tribal Council.

1. Content. Any notice issued by the Tribe under this section shall contain the following:

a. A summary of any and all of the grounds for exclusion that sets out, with specificity, the actions, violations, or other factors constituting grounds to exclude the alleged violator pursuant to this chapter; as well as, a summary of response of the alleged violator, including any nonresponse, to the issuance of any cease and desist notice by the exclusion officer;

b. A statement notifying the alleged violator of his or her right to appear before the Tribal Council to object to and defend exclusion from Tribal lands, including the date, time, and place of the exclusion hearing scheduled pursuant to this chapter;

c. A statement that the person may submit, in advance of the exclusion hearing, a written objection with supporting documents and basis for such objection;

d. A notice of the date, time, and location of the exclusion hearing. Any date set for the exclusion hearing shall be a minimum of 15 days from the date of service made pursuant to subsection (D)(2) of this section.

2. Service. Service of the notice of exclusion hearing shall be made as follows:

a. The exclusion officer or any other authorized person shall attempt to personally serve the alleged violator with the notice of exclusion hearing or post the notice on his or her property if the whereabouts of the person is known and easily accessible to the exclusion officer or Tribal Council. The exclusion officer shall retain a copy of any notice he/she personally serves on an alleged violator and file such copy with the Tribal Council, along with a certificate of service.

b. If after a diligent search the exclusion officer is unable to determine the whereabouts of and personally serve the alleged violator with the notice of exclusion or if personal service is impractical, impossible, or poses reasonable risk to the personal safety of the exclusion officer or other person authorized to serve the notice, the notice shall be mailed by first class regular mail to the alleged violator’s last known address. The date of mailing shall constitute the date of service. The exclusion officer shall also send a copy of such notice to the Tribal Council. If the last known address of the alleged violator is unknown, service shall be satisfied by posting of the notice at the Tribal office. [Ord. 01-07 Art. 5 §§ 5.1 – 5.4, approved 10/22/07.]