9.05.070 Procedures and proceedings

9.05.070 Procedures and proceedings.

1. Any person who is believed to be the victim of a defamatory statement as prohibited under this chapter may file a written complaint with the Tribal Council. The complaint shall include the following information:

a. The name and address (if known) of the alleged violator;

b. The contents of the alleged defamatory statement;

c. The date, time, and place or location of the publication or communication of the defamatory statement (or approximations thereof);

d. An estimate of the types of damages and amount of damages suffered as a result of the alleged defamatory statement; and

e. Any supporting documents and evidence.

1. The Tribal Council shall investigate all complaints filed under this chapter and notify the alleged victim and violator by service (see subsection (F) of this section) within 10 calendar days of receiving such complaint.

2. If the Tribal Council finds that a plausible case for defamation exists, then its notice shall include a summary outlining specifically how each of the elements of defamation have been met, including an estimate of damages.

3. If the Tribal Council finds that a plausible case for defamation does not exist, the alleged victim shall have an opportunity to resubmit their claim with additional information and shall have 30 calendar days from the date of service of the Tribal Council’s notice.

1. When notifying the alleged violator by certified mail that a plausible case for defamation exists, the Council may, if necessary, issue at the same time, notice to the alleged violator to cease and desist in making the alleged defamatory statements until a hearing is held. Failure to comply with the cease and desist letter may result in fines or other penalties in an amount not to exceed $500.00 for each defamatory statement.

a. In assessing fines or penalties, the Tribal Council may assign community service in addition to or in lieu of fines payment. In no case will the amount of community service calculated at the Tribal minimum wage be greater than the allowable fines appropriate to the violation.

b. If the violator is a Tribal citizen, the Tribal Council may revoke privileges provided by the Tribe (i.e., rescind lot assignment(s) for residents of the Wiyot Tribe Reservation).

c. The Tribal Council may also impose the sanction of exclusion from Tribal lands for a period to be determined by the Tribal Council. Such orders will be consistent with the gravity of the defamation and the exclusion ordinance of the Wiyot Tribe.

1. If the Tribal Council finds that a plausible case for defamation exists, then upon notifying the parties of such, it shall likewise provide notice to the parties of a hearing on defamation.

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

i. A summary of any and all grounds that sets out, with specificity, the actions, violation or other factors constituting grounds that a plausible case for defamation exists; as well as a summary of response of the alleged violator, including any nonresponse to the issuance of any cease and desist letter.

ii. A statement notifying the alleged violator of his or her right to appear before the Tribal Council to object to or defend against the defamation, including the date, time, and place of the hearing scheduled pursuant to this chapter.

iii. A statement that the person may submit, in advance of the defamation hearing, a written objection with supporting documents and basis for such objection or defense.

3. The defamation hearing shall take place within 30 calendar days of the Tribal Council’s service of notice.

1. In advance of the defamation hearing, the alleged violator may submit a written statement with relevant evidence that provides a defense to the defamation, disproves any of the elements necessary to prove defamation, or disputes the alleged types and amount of damages claimed.

2. If the alleged violator does not attend the hearing on defamation, then their written statement may serve as the sole basis of their defense.

3. The alleged violator shall also have the opportunity to present evidence in the form of documents or witness testimony at the defamation hearing to show cause why he or she did not make the defamatory statement, a defense to the defamation, and/or to dispute the damages claimed by the alleged victim.

4. The alleged victim may submit additional evidence, including documents and witness testimony, at the defamation hearing, as well as additional evidence regarding damages.

5. After presentation of evidence by both the alleged victim and alleged violator, the Tribal Council shall convene in executive session following the defamation hearing to deliberate. A majority vote of the Tribal Council is required to find a violation of this chapter. If the victim or alleged violator is a Tribal Council member, they shall be precluded from the Tribal Council’s deliberations and vote.

6. If the alleged violator does not overcome the plausible case for defamation, then the Tribal Council shall find that the alleged violator has committed defamation in violation of this chapter and shall issue its order, including an award of damages to the victim, by certified mail to the parties within 10 calendar days of the hearing. A decision by the Tribal Council whether the alleged violator has committed defamation in violation of this chapter shall be final and not subject to judicial review.

F. Service. Service of the notice of the defamation hearing shall be made as follows:

1. The Tribal Council shall authorize a server who shall attempt to personally serve the alleged violator with the notice of the defamation hearing or, failing personal service, post the notice on his or her property if the whereabouts of the person is known and easily accessible to the server or Tribal Council. The server 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.

2. If after a diligent search the server is unable to determine the whereabouts of and personally serve the alleged violator with the notice of defamation hearing or if personal service is impractical, impossible, or poses reasonable risk to the personal safety of the server, the notice shall be mailed by certified mail to the alleged violator’s last known address. The date of mailing shall constitute the date of service. The server 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.

1. The conflict of interest policy as outlined in WTC 2.05.020 shall apply. [Ord. 17-22, approved 3/14/22.]