Any tribal member, or Port Gamble S'Klallam police officer, may file a written petition to the Port Gamble S'Klallam Tribal Council requesting the initiation of the banishment process of any person subject to this Title.
The person filing the petition is not a party to a banishment proceeding, but both the Tribal Council and the General Council may call the person to be a witness.
The Tribal Council may initiate banishment proceedings by preparing its own petition.
(Res. 15-A-029, 4/13/2015)
The Tribal Council has the enumerated power under Article IV, Section 3, of the PGST Constitution to prescribe and enforce the conditions upon which a tribal member may be banished on a temporary or permanent basis from the Tribe’s land. The Tribal Council shall have exclusive authority to determine whether to act on a petition for banishment. The Tribal Council may, at its discretion, forward a petition for banishment to the General Council for a decision by majority vote.
The Tribal Council may pursue a petition for banishment if:
(a) 
The petition meets the requirements for a petition under Section 28.03.02; and
(b) 
The banishment petition sets forth circumstances that 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. 15-A-029, 4/13/2015)
If the Tribal Council chooses to hear or pursue a banishment petition, the Tribal Council shall ensure that the person named in the banishment petition is served notice as provided in Section 28.03.05. The notice shall include:
(a) 
The name of the person to be banished;
(b) 
The specific grounds, under Section 28.02.01, for banishment;
(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 thirty (30) calendar days of service of the notice to contest his or her banishment from the reservation.
(Res. 15-A-029, 4/13/2015)
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 petition for banishment. 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 certified mail, return receipt requested, and 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. 15-A-029, 4/13/2015)
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 28.03.05. The notice shall include a statement with the following information:
(a) 
The person may be represented by counsel, and if the person cannot afford counsel the Tribe shall provide counsel to the person at his or her request;
(b) 
The person may present witness testimony and other evidence on his or her behalf and may cross-examine witnesses; and
(c) 
Failure to attend the hearing may result in Tribal Council forwarding the petition for banishment to the General Council for a final vote.
(Res. 15-A-029, 4/13/2015)
The person named in the petition shall have the right to:
(1) 
Present witnesses and other evidence;
(2) 
Cross-examine witness; and
(3) 
Be represented by counsel. If the person cannot afford counsel, the Tribe shall provide counsel to the person at his or her request.
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 may be represented by counsel, at the Tribe’s own expense. Hearings may be conducted by conference call, if requested by either the Tribal Council or the person named in the petition.
(Res. 15-A-029, 4/13/2015)
The Tribal Council may, in its discretion, re-schedule a hearing in order to have all compelling witness testimony and evidence presented. 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 forward a petition for banishment to the General Council and cause notice to be served to the party as provided in this chapter.
Pending a General Council vote on banishment, a person who failed to appear at the Tribal Council hearing may petition the Tribal Council for a rescheduled hearing. The petition must be in writing and shall fully explain the reasons for the failure to appear. 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 banishment.
(Res. 15-A-029, 4/13/2015)
The Tribal Council may forward a petition for banishment to the General Council 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 banishment; and
(b) 
That banishment is necessary to protect the peace, health, safety, welfare, property, or cultural identity of the community.
The Tribal Council shall issue a written decision informing the person of its decision no later than five (5) working days from the date of the hearing.
(Res. 15-A-029, 4/13/2015)
The General Council has the power under Article III, Section 5, of the PGST Constitution to decide by majority vote whether to banish a tribal member. The General Council may, in its discretion, call one (1) person to be a witness on behalf of the party who filed the petition for banishment, and the General Council may, in its discretion, call one (1) person to be a witness on behalf of the person named in the petition for banishment.
If the General Council decides by majority vote to enforce a banishment order, the order must meet the requirements for an order under Section 28.03.11.
(Res. 15-A-029, 4/13/2015)
If the General Council decides by a majority vote to enforce a banishment order, the Tribal Council shall prepare a written order and cause it to be served on the party. Written orders for banishment shall include:
(a) 
The grounds for the decision;
(b) 
The date and time the person must remove himself or herself, if applicable;
(c) 
Whether the order is permanent or temporary, and if temporary 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 banishment 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, practice of treaty rights, serious life-threatening family illness, participating in court proceedings, evidence of rehabilitation, visitation of children, funerals, visitation during certain times only, and a limited time to return to pick up belongings;
(g) 
Any conditions that the person must fulfill before requesting a review of the order by the Tribal Council under 28.05.01; and
(h) 
A date by which the Tribal Council may 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. 15-A-029, 4/13/2015)
After a majority General Council vote to enforce a banishment order, if the Tribal Council makes the request, the Tribal Police shall supervise the removal of the banished person and his or her belongings. If the order of banishment does not specify whether supervision is necessary, the Tribal Police may, at their discretion, supervise the removal of the banished person and his or her belongings. 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 the person. Tribal Police shall use only so much force as is reasonable to accomplish the removal.
(Res. 15-A-029, 4/13/2015)
A banishment order shall remain in effect until modified or revoked by the Tribal Council following a hearing properly requested under Section 28.05.01 or, if applicable, until the time noted on the order itself.
(Res. 15-A-029, 4/13/2015)
A notice that a person has been banished, along with a statement that harboring a banished 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. 15-A-029, 4/13/2015)