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Note: The PGST Constitution, Article IV, Section 3 (E), states that the Tribal Council may "prescribe and enforce the conditions upon which a tribal member would be banished on a temporary or permanent basis from the Tribe's land, provided that any permanent banishment shall be imposed only upon approval of a majority vote of the General Council." Title 28 was created in order establish a legal mechanism and process for banishment to occur under the PGST Constitution. Prior to approving Resolution 15-A-029, Tribal Council held a Public Hearing on March 9, 2015, and brought Title 28 to the General Council meeting on March 28, 2015, in order for the PGST community to discuss the issue and the new Title.
The Port Gamble S'Klallam Reservation was acquired by purchase, under the provisions of Section 5 of the Indian Reorganization Act, and proclaimed on June 16, 1938 to be an Indian reservation “...for the benefit and use of the Port Gamble Band of Clallam Indians...” The land was subsequently paid for in full by the Port Gamble S'Klallam Tribe.
This Title is enacted to provide a process to the Port Gamble S'Klallam Tribe for the exercise of its authority and duty to protect the peace, health, safety, welfare, property and cultural identity of the Port Gamble S'Klallam Tribe. The Tribe's inherent sovereign power to remove and banish its own tribal members from the reservation provides the Tribe with a means to protect the Port Gamble S'Klallam Tribe and the reservation community. The Port Gamble S’Klallam Tribe’s Constitution gives the General Council and the Tribal Council the authority to banish tribal members under Article III, Section 5 (H) and Article IV, Section 3 (E).
(Res. 15-A-029, 4/13/2015)
The Port Gamble S'Klallam Tribal Council shall have jurisdiction over all matters arising under this Title. If, in the exercise of its jurisdiction under this Title a course of proceeding is not specified, any suitable process may be adopted by the Tribal Council, in keeping with the spirit of the laws of the Tribe.
(Res. 15-A-029, 4/13/2015)
Any person who is a member of the Port Gamble S’Klallam Tribe may be removed and banished from the territory of the Port Gamble S’Klallam Tribe. Any person who is not a member of the Port Gamble S'Klallam Tribe may be removed and excluded from the territory of the Port Gamble S'Klallam Tribe under Title 22 of this code.
(Res. 15-A-029, 4/13/2015)
A banishment order is a discrete civil remedy, which is neither dependent upon nor necessarily connected with any criminal remedy.
The intent of an order is not to punish persons but to protect the Tribe and the tribal community by providing the Tribe with a means of civil regulation of the community's internal order.
(Res. 15-A-029, 4/13/2015)
The following terms when used in this chapter shall have the meaning set forth in this section.
(a) 
"Banishment"
is an order denying entry onto property, which is under the jurisdiction of the Port Gamble S'Klallam Tribe.
(b) 
"Eligible Voters"
are members of the Port Gamble S’Klallam Tribe who are eighteen (18) years of age or older.
(c) 
"Majority Vote"
is a quorum as defined in Article III, Section 4 of the Constitution of the Port Gamble S’Klallam Tribe.
(d) 
"Port Gamble S'Klallam General Council" or "General Council"
is the duly constituted governing body of the Port Gamble S’Klallam Tribe composed of all eligible voters.
(e) 
"Port Gamble S'Klallam Tribal Council" or "Tribal Council"
is the duly constituted governing body of the Port Gamble S'Klallam Tribe delegated by the Port Gamble S'Klallam General Council to conduct and regulate the business of and act on behalf of the Port Gamble S'Klallam Tribe.
(f) 
"Port Gamble S'Klallam Tribal Community"
consists of enrolled members of the Port Gamble S'Klallam Tribe, residents of the Port Gamble S'Klallam Reservation and residents of land owned by the Port Gamble S'Klallam Tribe.
(g) 
"Removal"
is the physical removal of a person from the territory of the Port Gamble S'Klallam Tribe.
(h) 
"Territory of the Port Gamble S'Klallam Tribe"
is all lands held in trust or subject to a restriction against alienation by the United States for the benefit of the Port Gamble S'Klallam Tribe and all lands owned by the Port Gamble S'Klallam Tribe.
(i) 
"Tribal Court"
is the Community Court of the Port Gamble S'Klallam Tribe.
(Res. 15-A-029, 4/13/2015)
If any portion of this Title or its application to any person, legal entity or circumstance, is held invalid, the remainder of this chapter, or its application of the provision to other persons, legal entities, or circumstances shall not be affected.
(Res. 15-A-029, 4/13/2015)
Nothing in this Title shall be construed as a waiver of the sovereign immunity of the Tribal Council and other tribal officials and employees.
(Res. 15-A-029, 4/13/2015)
This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
(Res. 15-A-029, 4/13/2015)