Any tribal member, Port Gamble S'Klallam police officer, or the Tribal Prosecutor may file a written petition to the Port Gamble S'Klallam Tribe Tribal Council requesting the removal or exclusion of any person who is subject to this chapter.
The person filing the petition is not a party to the exclusion proceeding but may be called as a witness by the Tribal Council.
The Tribal Council may initiate exclusion proceedings by preparing its own petition.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003; Res. 20 A 064, 7/14/2020 amended this section to include the Tribal Prosecutor in who may file a written petition to request an exclusion.)
A petition shall include:
(a) 
The name of the person to be removed or excluded;
(b) 
The specific grounds, under section 22.02.01, for the removal or exclusion;
(c) 
The factual basis for the request; and
(d) 
The signature of the petitioner.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003.)
The Tribal Council shall have exclusive authority to determine whether to act on a petition for exclusion. The Tribal Council may, in its discretion, refer an exclusion petition to the Port Gamble S'Klallam Community Court for consideration under the procedures in section 22.04.14.
The Tribal Council may pursue a petition for exclusion if:
(a) 
The petition meets the requirements for a petition under section 22.04.02; and
(b) 
The petition sets forth circumstances, which the Tribal Council considers pose a sufficiently serious threat to the peace, health, safety, welfare, property or cultural identity of the Tribe and the tribal community.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003; Res. 04 A 114, 12/14/2004)
If the Tribal Council extends an emergency exclusion under section 22.03.03 and chooses to hear the matter rather than refer it to the Community Court or wishes to pursue a petition for exclusion, it shall cause a notice to be served as provided in section 22.04.05. The notice shall include:
(a) 
The name of the person to be removed or excluded;
(b) 
The specific grounds, under section 22.02.01, for the removal or exclusion;
(c) 
The factual basis for the request; and
(d) 
A statement that the person may request a hearing before the Port Gamble S'Klallam Tribal Council within seven (7) calendar days of service of the notice to contest his or her removal from the reservation.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003; Res. 04 A 114, 12/14/2004; amended by Res. 05-A-054, 6/14/2005)
Service of the notice shall be made by Tribal Police or by any person at least eighteen (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 person’s last known address. If this fails, service may be made by posting the notice on the person's last known residence if the person resides within the territory of the Port Gamble S'Klallam Tribe. If the person does not reside within the territory of the Port Gamble S'Klallam Tribe, the order may be served by posting the notice at two prominent locations on the Port Gamble S’Klallam reservation.
The process server shall return an affidavit of service to the Tribal Council.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003.)
If the Tribal Council receives a timely request for a hearing, it shall schedule a hearing to be held not less than ten ((10) working days and not more than sixty (60) calendar days after the request for hearing is received.
A notice of hearing advising the person of the date, time and place of the hearing shall be served in the same manner as a notice of opportunity for hearing under section 22.04.05. The notice shall also contain a statement that the person may be represented by counsel, at his or own expense; may present testimony of witnesses and other evidence on his or her behalf; and that failure to attend the hearing may result in permanent exclusion.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003.)
The person named in the petition shall have an opportunity to present witnesses and other evidence. The Tribal Council may compel the appearance of witnesses and presentation of evidence. All evidence, which is necessary and relevant to decide the matter, is admissible. The Tribal Council and the person named in the petition may be represented by counsel, at their own expense. Hearings may be conducted by conference telephone call, if requested by either the Tribal Council or the person named in the petition.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003.)
The Tribal Council may enter an order for removal or exclusion if, based on the evidence presented, the Tribal Council is reasonably certain that:
(a) 
The person committed an act or omission which falls within one or more grounds for exclusion; and
(b) 
That removal or exclusion is necessary to protect the peace, health, safety, welfare, property or cultural identity of the community.
(Res. 02 A 065, 5/14/2002)
The Tribal Council may orally advise the parties of its decision at the hearing or may issue a written decision no later than five (5) working days from the date of the hearing. In either case, the Tribal Council shall prepare a written order and cause it to be served on both parties. Written orders for exclusion shall include:
(a) 
The grounds for the decision;
(b) 
The date and time the person must remove himself or herself, if applicable;
(c) 
The duration the order is to be in effect;
(d) 
A statement that any return to the territory of the Port Gamble S'Klallam Tribe in violation of the order of exclusion constitutes trespass and may be referred for prosecution to the appropriate jurisdiction,
(e) 
Whether the Tribal Police are requested to supervise the removal of the person and any belongings the person may have within the territory of the Port Gamble S'Klallam Tribe,
(f) 
Any circumstances under which the person 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
(g) 
A date by which the Tribal Council will review the order and circumstances or conditions attached, if the person requests a review; or the circumstances under which the Tribal Council may consider a review, such as those set out in subsection (f).
(Res. 02 A 065, 5/14/2002)
The Tribal Council may, in its discretion, grant a continuance of the hearing upon the person’s request. If the person fails to appear at the time set for a hearing, after proper notice of the hearing has been given, the Tribal Council may enter an order of exclusion and cause it to be served as provided in this chapter.
A person excluded after his or her failure to appear may petition the Tribal Council for a hearing. The petition shall fully explain the reasons for the failure to appear, in writing. If the Tribal Council finds the person’s failure to appear was for good cause, it shall reschedule a full hearing on the matter of exclusion.
(Res. 02 A 065, 5/14/2002; amended by Res. 03 A 063, 5/13/2003.)
The Tribal Police shall supervise the removal of the excluded person and his or her belongings, if requested by the Tribal Council and may do so if the order of exclusion is silent. If the person has been given the option to voluntarily remove himself within a time limit stated in the order, and fails to do so, Tribal Police may physically remove him. Tribal Police shall use only so much force as is reasonable to accomplish the removal.
(Res. 02 A 065, 5/14/2002)
The exclusion order shall remain in effect until modified or revoked by the Tribal Council following a hearing properly requested under section 22.05.01 or, if applicable, until the time noted on the order itself.
(Res. 02 A 065, 5/14/2002)
The Tribal Council may, in its discretion, file a written petition meeting the requirements of section 22.04.02 in the Port Gamble S'Klallam Community Court requesting the removal or exclusion of any person who is subject to this code.
(a) 
Notice of Hearing, Service. If the Court finds that the petition meets the requirements of section 22.04.02, it shall cause a notice of hearing to be served on the respondent, as provided under sections 22.04.04 and 22.04.05, except that the affidavit of service shall be returned to the Court and modified as needed to meet the Court’s requirements.
If the Court finds that the petition does not meet the requirements of section 22.04.02, it shall cause a notice to be served on the Tribal Council stating the manner in which the petition was defective. The Court may extend the emergency exclusion while giving the Tribal Council an opportunity to amend its petition, if needed for the protection of the community.
(b) 
Time of Hearing, Notice. If a timely request for a hearing is filed with the Court, a hearing shall be scheduled not less than ten ((10) working days and not more than sixty (60) calendar days after the request for hearing is received. The notice shall include:
(1) 
The date, time, and place of the hearing;
(2) 
A statement that the respondent may be represented by counsel, at his own expense;
(3) 
A statement that the person may present testimony of witnesses and other evidence on his behalf;
(4) 
A copy of the petition; and
(5) 
A statement that failure to attend the hearing may result in an order of permanent exclusion or removal.
(c) 
Conduct of Hearing. Hearings before the Court shall follow the same procedure as hearings conducted by the Tribal Council under section 22.04.07. Tribal Law Enforcement shall provide evidence on behalf of the Tribe and any recommendations regarding the order of exclusion including conditions, if any.
(d) 
Standard for Decision. The Court shall follow the same standard for decision as the Tribal Council under section 22.04.08.
(e) 
Order of Exclusion. The Court shall follow the same procedure as the Tribal Council under section 22.04.09 for its order of exclusion, as applicable, except the Court shall have up to ten (10) working days to prepare its written order. The order shall be served as provided under section 22.04.05.
(f) 
Conditions. The Court may allow the excluded person to return to the reservation during the period when the exclusion order in effect only under exceptional and limited circumstances, such a attending the funeral of a close family member. The Court may require the individual to check in with the police department prior to and after any such exceptional visit.
(g) 
Continuances, Failure to Appear. The Court has the same authority as the Tribal Council for continuances and for addressing failure to appear, provided in section 22.04.11
(h) 
Order of Exclusion, Enforcement. The Court has the same authority to request the assistance of law enforcement in enforcing the order as provided under section 22.04.12.
(i) 
Duration of Exclusion Order. The exclusion order shall remain in effect until modified or revoked by the Tribal Council following a hearing properly requested under section 22.05.01 or, if applicable, until the time noted by the Court, on the order itself.
(Res. 04 A 114, 12/14/2004; amended by Res. 05-A-054, 6/14/2005)
A notice that a person has been excluded, along with a statement that harboring an excluded person is a crime, shall be posted for the duration of the order at the Police Department and the Tribal Center. Such notices shall also be posted for at least three weeks at the Tribe’s Housing Authority building, tribal store and in two other prominent locations on the reservation and shall be published for at least three weeks in the Community Memo or equivalent publication.
(Res. 05-A-054, 6/14/2005)