THE COLVILLE TRIBAL BUSINESS COUNCIL

RULES OF PROCEDURE

LAW AND ORDER CODE AMENDMENT AND CODIFICATION



GENERAL PROVISIONS

Rule 1 Definitions

(a) "Agency" means the Colville Indian Agency of the United States Department of the Interior, Bureau of Indian Affairs, Nespelem, Washington.

(b) "Amendment" means an amendment to the Code proposed for adoption by the Business Council as provided by these rules.

(c) "ORA" means the Office of the Reservation Attorney of the Colville Business Council.

(d) "Code" or "CTC" means the Law and Order Code of the Colville Confederated Tribes.

(e) "Committee" means the Committee of the Business Council or its successor which has been delegated the authority by the Council to act and/or which typically acts on the Code amendment in question.

Rule 2 Purpose and Effect of Rules

These rules shall govern the amendment, organization and codification of the Law and Order Code of the Colville Confederated Tribes and shall be enforced as provided in Section d.2. & 3. and the other applicable provisions of the Colville Confederated Tribes Council Code of Professional Responsibility, and Article IV of the Constitution and By-Laws of the Colville Confederated Tribes and, regarding any action(s) under these rules to be taken by members of the staff of the Colville Confederated Tribes, by the personnel policies and procedures of the Business Council. Any violation of the procedures specified in these rules shall, in and of itself, have no legal effect on any Code amendment adopted by the Council and shall not be construed by the Tribal Court or otherwise to influence in any way the force and effect of any of the provisions of or amendments to the Code of the Colville Confederated Tribes.


AMENDMENT OF CODE

Rule 3 Amendment Process

(a) A proposed amendment to the Code shall be in writing and presented to the Committee. Any proposed amendment shall include:

(1) the reason for the proposed amendment;

(2) the specific action the proponent wishes the Business Council to take on the amendment; and

(3) the Code Sections which would be amended (each numbered) or a statement that the amendment would create new Sections.

(4) completed Code Revision Cover Sheet.

(b) Proposed amendments shall be delivered to each council person at least one week prior to Committee hearing on the proposal.


CODIFICATION OF CODE

Rule 7 Codification

Following the date of adoption of these rules, any amendments or other revisions to the Code adopted by the Business Council that affect codification, organization, references, formatting or other structural features of the Code shall be as follows:

(a) Organization, Chapters, Titles: The Code shall be organized in groups of "Chapters" with similar subject matter. Each subject matter grouping shall be designated as a "Title" of the Code, and shall be identified by a whole number. For example, the second Title of the Code, covering Rules of Procedure, shall be designated Title 2.

(b) Numbering and Division of Chapters: Chapters (formerly identified as Titles or Ordinances) shall be designated an identifying number under its Title grouping and shall adhere to the following numbering system: Each Chapter shall be identified by the Title number followed by a dash (-) and the whole number designated sequentially for that Chapter. For example, the first Chapter in the first Title of the Code shall be identified as Chapter 1-1, the next as Chapter 1-2, and so on. When necessary, Chapters may be further delineated into "Subchapters", (formerly identified as Chapters), followed by "Parts", which are not numbered, but rather identified by name.

(c) Identification and Division of Sections: Chapters, Subchapters or Parts are further divided into Sections which shall adhere to the following numbering system: Each Section shall be identified by the Title number followed by a dash (-), then the Chapter number followed by a dash (-), and the whole number designated sequentially for that Section. For example, the first Section of Chapter 1-1 shall be identified as CTC 1-1-1, the next as 1-1-2, and so on. Sections may be divided into Subsections which shall be designated sequentially by small letters in parentheses in alphabetical order. Subparts of these subsections shall be designated by whole numbers in parentheses. Subparts may be further divided into Sub-subparts designated by capitol letters in parentheses.

Rule 8 Standard Format

The standard format for the Code Codification is shown below:

Title 1
Chapter 1-1
Subchapter
Part
1-1-1 Section
(a) Subsection
(1) Subpart
(b) Subsection
(1) Subpart
(A) Sub-subpart
(B) Sub-subpart

Rule 9 Example

An example of the new codification system is as follows:

TITLE TITLE 2 RULES OF PROCEDURE

CHAPTER CHAPTER 2-1 CRIMINAL ACTIONS

SUBCHAPTER JURISDICTION

SECTION 2-1-1 Jurisdiction - Generally
The Court shall have jurisdiction over all offenses enumerated in this Code, or in other enactments of the Council.
SECTION 2-1-2 Extradition
SUBSECTION



(a) If a person is charged with a violation of the laws of any other tribe or reservation or the federal or a state government, the Court may order that he be delivered up to the proper authority, provided that a copy of a warrant, or proof of its existence, is presented to a judge of the Court, and that such appears to the Court to be in the best interest of justice.

Rule 10 Expansion of Code

Any new Chapters added to certain Titles by the Business Council shall be designated identifying numbers that follow sequentially from the Chapters already identified in the Title. For example, if Title 5 has three Chapters in it (designated Chapters 5-1, 5-2, and 5-3) the next Chapter added to that Title shall be designated Chapter 5-4.

Rule 11 References and Citations

Any references to the Code in any regulation, policy, resolution, Tribal Court opinion or other material adopted or produced by any department or entity of the Colville Confederated Tribes following any duly adopted re-codification, reorganization or other changes in the material referenced shall conform to and reflect such changes to the extent necessary and practical. When referencing or citing a provision of the Code, such provision may be referenced or cited as follows: the letters "CTC" followed by the appropriate Title, Chapter, and Section numbers, and where applicable, the letters and numbers of the referenced subsection in parentheses. For example, when citing subsection (a) above, the citation should read CTC 2-1-2(a).

Rule 12 Conversion Chart

The chart on the following page identifies the Chapter number under the new codification system for each Title and Ordinance under the old codification system.