Minutes of the Choctaw Tribal Council Dec. 1991

know how to get to you. We try to cover everything in this publication. I hope I've covered everything. If you have-any questions I'll be glad to answer them for you. I thank you very much for your time.

Speaker Durant stated, does anybody have any questions?

Speaker Durant recognized Leslie James. Councilman James stated, I think this is a real good thing. We are part of Green Country. We tried to get into Kiamichi Country but we were right over the line. I went to Oklahoma City to see if we could do it but we couldn't so we are still in Green Country.

Bill Grant stated, we claim you anyhow. We are going to be doing two pages for the Leflore County area and two pages for the Talimena Scenic Drive in both books. So, they are going to promote that area in both publications.

C) Acceptance of Criminal Code

Speaker Durant recognized Bob Rabon. Mr. Rabon stated, before you read this Council Bill, I'd like to give you a replacement page for your Criminal Code manuals. It's page 81. We've added a change on page 81. The change is Section 34-12. We've added a sub section B to that. The first draft of the code did not have that sub section which authorizes the sale or distribution of any proceeds from any confiscated contraband. If the items can't be sold then they shall be destroyed. That's the only change. The first section provided for seizure, but nothing for what to do once you seize it.

Charley Jones introduced the following Council Bill: (See CB03392)

Speaker Durant recognized Charley Jones. Councilman Jones presented the following motion.

MOTION: That the Tribal Council approves this Council Bill. Seconded by Wesley Samuels. Any discussion.

Speaker Durant recognized Leslie James. Councilman James stated, Mr. Speaker, I have read this.... I'm not through with it, I got to about page 125. There's a lot of things in there that I don't understand. This nepotism that was taken out or whatever, I think that should have been left in there. Also, this 11-OS, I think that should have been changed from Oklahoma Statutes, State or whatever to CS which is Choctaw should have been changed and several other things. I feel like that we need. to go through this or a committee go through this and I'm in favor of tabling this. We've waited this long so why not wait another month?

Speaker Durant recognized Bob Rabon. Mr. Rabon stated, Mr. Speaker may I address the Council about these questions raised by Mr. James? I compiled and edited this code. It is pretty much parallel to the Oklahoma State Criminal Code. The reason that it does, is that you're going to be entering into cross deputization agreements, you're going to have law enforcement officers that are trained in Oklahoma State Law and that way they don't have to learn a whole new set of laws for the Choctaw Nation. I think the Choctaw Nation wants to enforce pretty much the same laws that the. State of Oklahoma does. The reason the section for nepotism has been left out is because in discussions with the administration, it came to our attention that the Choctaw Nation is much smaller and more family like organization than the State of Oklahoma. It's going to be pretty difficult for you to employ people in the Indian Administration or by the Council or whatever, that's not related to someone in authority. You're composed of a bunch of families and if you had that nepotism statute you could- not hire anybody. You wouldn't have anybody that would be qualified to work for the Choctaw Nation. So, you would have to go outside the Choctaw Nation to employ people and I don't think that's what you want to do. I think you want to work Choctaws. The fact that they are related to someone in authority is immaterial. That's the way you've operated for all of these years. On the renaming of the code, it's there so if they want to go and see a corresponding statute for the state, it will tell them which code on the State Statutes will read like this statute. The courts are going to have to interpret these statutes. Your code is going to be enforced in a court, whether it is a CFR court or your court; some court is going to have to enforce these statutes. The advantage of having the identification of -the state statutes along with your statutes is that even though they may not read exactly the same there have been decisions made by the State Criminal Court of Appeals which will be a valueless guidance to whatever court has to enforce these statutes. Someone is going to be charged with one of these statutes and some defense lawyer is going to say that his client's conduct didn't fit exactly what this says. The Judge is not going to have much of a guide, except just to read this statute, but if he has this corresponding number over here he can go and see what the State Court has done. It's for guidance purposes. It's a very valuable tool and I don't recommend that you take it out. I think it will be very silly for you to take it out.

Speaker Durant stated, Council members I would like to see this passed today. We've waited over a year and we need to get it going. The Council has I the power and the authority to amend and change anything that don't work for us later on down the line. We can come back and change it and amend it, but we need to enact this so that we can have our own court system and have everything in place.

Councilman James stated, what I said was that I think we should table this and let the people read it and understand what it says. For the last 84 years we've been under the State of Oklahoma. Now we've got our chance to stand up on our own feet. I think we should table this and then next month come back and we can better understand this. There's a lot of stuff here that I don't understand. It makes a lot of difference when you don't understand something and then vote on it, you're in the dark. That's what 1. am saying. We already passed a Bill last month on law enforcement. Of course, it's not costing the Tribe anything. The BIA is throwing the money in and I don't know .... how much money are we getting Greg?

Greg Pyle. stated, to make a comment on that. We have received in value of police cars and equipment and the amount of money about $150,000. This year we haven't got a budget yet. We talked to the local area Talihina and they said it's not been allocated yet, but is I should be around anywhere from $160,000 to $200,000 and then we've got last years money so we will have a good amount of money for this next year. We may want to go ahead and consider passing this also, because we've already hired a man that will be operating it and he'll be coming on board in approximately two weeks. He's going to have to have a set of laws or we're going to have a man setting out there that has no guidance. We need something in place right now. We can always come back and make changes and amendments, but we need something in place right now.

Mr. Rabon stated, Mr. Speaker, you can do anything you want about it, but I don't mind telling you that I spent more time than there is between now and the next council meeting drafting this code. If someone can go through it re-drafting in less time, more power to them. There is a lot of work in this as you can well see.

Speaker Durant recognized Wesley Samuels. Councilman Samuels stated, Mr. Speaker, I feel like we should accept this as it is. We can always go back and change it at anytime.

Mr. Rabon stated, it's not perfect Mr. Speaker. I don't know if there exist a set of perfect laws, but it's workable.

Mr. Samuels stated, Mr. Speaker, I call for a vote.

Speaker Durant stated, a vote has been called for. Vote.

MOTION PASSED: Roll call vote. YES - 10. NO - 2. ABSTAIN - 0. YES: Charley Jones, Dale Cox, Charlotte Jackson, Randal Durant, Bertram Bobb, Perry Thompson, Ted Dosh, E.J. Johnson, Wesley Samuels, James Frazier. NO: Billy Paul Baker, Leslie James.

D) Approval to Re-contract FY/92 Law Enforcement Program

Charley Jones introduced the following Council Bill: (See CB03492)

Speaker Durant recognized Charley Jones. Councilman Jones presented the following motion.

MOTION: That the Tribal-Council approves this Council Bill.

Seconded by Wesley Samuels. Any discussion. Vote.

MOTION PASSED: Roll call vote. YES - 12. NO - 0. ABSTAIN - 0. A unanimous vote.

E) Approval for funds for expansion of Travel Plaza.

Charley Jones introduced the following Council Bill: (See CB03592),

Speaker Durant recognized Charley Jones. Councilman Jones presented the following motion.

MOTION: That the Tribal Council approves this Council Bill. Seconded by Bertram Bobb. Any discussion.

Speaker Durant stated, I like to say one thing about this. 'The other money, has been appropriated for 7 months and they're just now coming back for more and nothing has been started. We need to put a time limit sometimes on this and then if they don't complete it within a 120 or 180 days or so then the money needs to go back into the General Fund. They need to get it done. That's the only thing that I have to comment about. Vote.

MOTION PASSED: Roll call vote. YES - 12. NO - 0. ABSTAIN - 0. A unanimous vote.

F) To amend the tentatively approved 1992 budget for the Housing Improvement Program.

Charley Jones introduced the following Council Bill: (See CB03692)

Speaker Durant recognized Charley Jones. Councilman Jones presented the following motion.

MOTION: That the Tribal Council approves this Council Bill. Seconded by Wesley Samuels. Any discussion. Vote.

MOTION PASSED: Roll call vote. YES - 12. NO - 0. ABSTAIN 0. A unanimous vote.

G) Approve the CNEHA for a calendar year of 1992

Charley Jones introduced the following Council Bill: (See CB03792)

Speaker Durant recognized Charley Jones. Councilman Jones presented the following motion.