The purpose of this chapter is to set forth authorities during the activation of an emergency declaration and to establish emergency succession of executive authority in the absence of the Chairman or the successor identified in CTC § 2.35.040.
(Res. 2020-97)
Unless a different meaning is plainly required by the context, the following words and phrases each as now or hereafter amended shall have the following meaning:
"Chairman" or "the successor identified in CTC § 2.35.040"
means the elected Chairman or the successor identified in CTC § 2.35.040 of this Confederated Tribes of the Chehalis Reservation who holds executive authority or, in case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the person who may exercise the powers of Chairman or the successor identified in CTC § 2.35.040 pursuant to the Constitution and laws of this Tribe relating to succession in office.
"Declaration of emergency"
means an emergency proclaimed as such by the Chairman or the successor identified in CTC § 2.35.040 pursuant to this chapter as now or hereafter amended.
"Emergency purchaser"
means an individual who has been granted emergency purchase authority by the Chairman or the successor identified in CTC § 2.35.040 in accordance with this chapter.
(Res. 2020-97)
The proclamation of a declaration of emergency and other proclamations or orders issued by the Chairman or the successor identified in CTC § 2.35.040, as now or hereafter amended, shall be in writing and shall be signed by the Chairman or the successor identified in CTC § 2.35.040 and shall, as soon as possible, then be distributed to tribal departments and enterprises and made available to the General Council. A proclamation of a declaration of emergency is effective upon the Chairman's or the successor identified in CTC § 2.35.040's signature. The declaration of emergency shall cease to exist upon the issuance of a proclamation of the Chairman or the successor identified in CTC § 2.35.040 declaring its termination; provided, that the Chairman or the successor identified in CTC § 2.35.040 should terminate said declaration of emergency proclamation when the condition which has prompted the declaration has been resolved in the area affected.
(Res. 2020-97)
A. 
Executive authority of the Tribe during an emergency declaration lies with the Office of the Chairman or the successor identified in this section. In case of his or her removal, death, resignation or inability to discharge the powers and duties of his or her office, then the succession order of the person who may exercise the powers of Chairman or the successor identified pursuant to this section is as follows:
1. 
Elected position:
a. 
Vice-Chairman;
b. 
Secretary;
c. 
Treasurer;
d. 
Fifth Council.
2. 
Appointed employees:
a. 
General Manager;
b. 
Assistant General Manager;
c. 
Director of Public Safety;
d. 
Emergency Manager.
B. 
In a case where a non-Chehalis Tribal member who is an appointed employee, pursuant to this chapter, is authorized to exercise emergency authority, the non-Chehalis Tribal member designee will not assume the authority unless there are no individuals listed in this section available to perform those responsibilities, and the emergency authority will be passed to the next available Chehalis Tribal member set forth herein.
C. 
Emergency executive authority granted through this section will only be held until formal elections pursuant to Chapter 2.10 CTC can be fulfilled.
(Res. 2020-97)
A. 
The Chairman or the successor identified in CTC § 2.35.040, after proclaiming a declaration of emergency and prior to terminating such, may, in the area described by the proclamation, issue an order prohibiting:
1. 
Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the Chairman or the successor identified in CTC § 2.35.040 to be a period of curfew;
2. 
Any number of persons, as designated by the Chairman or the successor identified in CTC § 2.35.040, from assembling or gathering on the public streets, parks, or other open areas of this Tribe, either public or private;
3. 
The manufacture, transfer, use, possession or transportation of a Molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;
4. 
The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
5. 
The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;
6. 
The use of certain streets, highways or public ways by the public; and
7. 
Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
B. 
The Chairman or the successor identified in CTC § 2.35.040, after proclaiming a declaration of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in the following areas:
1. 
Liability for participation in interlocal agreements;
2. 
Application of emergency assistance program;
3. 
Application of tax due dates and penalties relating to collection of taxes;
4. 
Authority to conduct business on the Chehalis Reservation; and
5. 
To temporarily waive or suspend statutory obligations by prohibiting compliance with statutory provisions during a proclaimed declaration of emergency when the Chairman or the successor identified in CTC § 2.35.040 reasonably believed it would help preserve and maintain life, health, property, or the public peace.
6. 
The Chehalis Business Committee specifically intends to allow the Chairman or the successor identified in CTC § 2.35.040 to immediately respond during a proclaimed declaration of emergency by temporarily waiving or suspending other statutory obligations or limitations prescribing the procedures for conduct of tribal business, or the orders, rules, or regulations of any tribal agency, if strict compliance would in any way prevent, hinder, or delay necessary action in addressing the health, safety and welfare of the residents of the Chehalis Reservation.
7. 
Such other statutory and regulatory obligations or limitations prescribing the procedures for conduct of tribal business, or the orders, rules, or regulations of any tribal agency if strict compliance with the provision of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in addressing the emergency, unless:
a. 
Authority to waive or suspend a specific statutory or regulatory obligation or limitation has been expressly granted to another tribal elected official,
b. 
The waiver or suspension would conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the Tribe, or
c. 
The waiver or suspension would conflict with the rights, under the First Amendment, of freedom of speech or of the people to peaceably assemble. The Chairman or the successor identified in CTC § 2.35.040 shall give as much notice as practical to tribal leadership and impacted population when issuing orders under this subsection.
C. 
In imposing the restrictions provided for in this chapter, the Chairman or the successor identified in CTC § 2.35.040 may impose them for such times, upon such conditions, with such exceptions and in such areas of this Tribe as he or she from time to time deems necessary to protect the health, safety and welfare of the residents of the Chehalis Reservation.
D. 
Provided the Business Committee is available to meet in person, by telephone or by Internet meeting, no order or orders concerning waiver or suspension of statutory obligations or limitations under subsection B of this section may continue for longer than 30 days unless extended by the Business Committee through concurrent resolution.
E. 
Any person willfully violating any provision of an order issued by the Chairman or the successor identified in CTC § 2.35.040 under this section is guilty of CTC § 4.55.010, Violation of Tribal ordinance.
(Res. 2020-97)
The Chairman or the successor identified in CTC § 2.35.040, after proclaiming a declaration of emergency, shall grant a member of the Tribes Emergency Operations Center emergency purchase authority. This authority will last the duration of the declared emergency or until removal of this authority by the Chairman or the successor identified in CTC § 2.35.040.
The emergency purchase authority shall grant the emergency purchaser to supersede established procurement and purchasing guidelines. This emergency purchase authority will be to aid in the Tribe's response to a declaration of emergency.
The emergency purchaser shall keep records of all purchases made with this authority. All purchases made with this authority will be in coordination with the Tribes Incident Commander.
(Res. 2020-97)