CUJ News & Almanac Tribal Court orders owner Wildlife commissioner to control ‘vicious dog’ guilty of illegal bison take By the CUJ
By the CUJ
MISSION – The Fish and Wildlife Commission (FWC) will on recommend removal of Damon McKay from its membership on Aug. 7 to the Board of Trustees for the Confederated Tribes of the Umatilla Indian Reservation. The FWC met Aug. 1 in an official hearing to discuss the plight of McKay, who on July 13 pleaded guilty in Tribal Court to buffalo hunting violations. With only three members present, two (Jim Marsh and Bud Herrera) voted for removal. Chairman Jeremy Wolf only votes to break a tie. McKay attended the hearing and did not vote. McKay pleaded guilty to two counts of “hunting during a closed season” when he shot and killed two buffalo cows. CTUIR Prosecutor Kyle Daley said the charges were filed as violations rather than crimes. Tribal Court Judge Dave Gallaher sentenced McKay to a fine of $1,000 per count and suspended his right to hunt buffalo for one year. The CTUIR, Daley said, had recommended the Court impose a sentence
of $2,000 per bison, one year hunting rights suspension, and two year loss of all tribal hunting permits. The Tribal Fish and Game officers recommended a fine of $4,000 for each bison, two years loss of hunting rights, and loss of all hunting permits for five years. At the trial, McKay told the Court it was his first hunting violation. He had traveled to Montana with 10 family members for the hunt. “I didn’t plan on misidentifying on my first shot,” said McKay, who told the court the animals were among about 60 buffalo standing about 100 yards away. McKay told the court the citation “fell over to me” after a “conflict” between one of his family members and CTUIR game officers. Pictures submitted at the trial showed two dead cow buffalo. One of the cows was carrying a nearly full-term fetus. Daley told the court that as a Fish and Wildlife Commission member McKay should have been aware of the hunting season dates. Further, Daley said, McKay was the “hunt boss” and should have been able to tell the difference between a cow and a bull buffalo.
MISSION – Bob Shippentower says he already has complied with an abatement order from Tribal Court to control his dog, Fluffy, which has bitten at least three people over the last couple of years. Most recently, the dog bit Shippentower’ s niece, Sierra James, leaving scars and nerve damage to her leg and foot. Shippentower was cited for violating the Environmental Health and Safety Code for keeping a dog as a public nuisance. The dog’s behavior had resulted in two previous citations and some 15 other incident reports for dog at large, aggressiveness, and chasing horses. The third citation was made by Tribal Prosecutor Kyle Daley who acted on the report after the report was referred by the Tribal Police. Shippentower took it to court where he was unsuccessful in having the case dismissed. He asked Judge Doug Nash to dismiss the case because the court summons did not contain an official seal
and because, he said, he did not receive a speedy trial. Judge Nash denied both assertions, noting that a speedy trial pertains to criminal cases but not civil cases. Shippentower cross-examined witnesses, including James, his sister Rosenda Shippentower, and Community Police Officer Dave Williams, who said he has had to fend the dog off with a night stick to avoid being bitten. At the trial, Shippentower said the attack was “regrettable” and called it an “unfortunate incident.” In an email to the CUJ after the trial, Shippentower said: “I will comply with every stipulation of the court findings. I already have purchased a dog kennel to securely confine our dog in, as the Court determined the steel cable we have been using was not adequate for securing our dog.” James was taking items from her deceased uncle’s home to Bob Shippentower’s house when the incident took Nuisance dog on page 19A
Weather Weather information summarizes data taken at the Pendleton Weather Station from July 1-31. Temperature is reported in degrees Fahrenheit and time in Pacific Standard Time. The average daily temperature was 75.1 degrees with a high of 101 degrees on July 6 and a low of 49 degrees on July 17. Total precipitation to date in July was trace
amounts with greatest 24-hour average July 15-15. The average wind speed was 7.5 mph with a sustained max speed of 26 mph from the southwwest on July 10. A peak speed of 34 mph occurred from the southwest on July 10. There were 31 clear days in the month of July and zero partly cloudy and cloudy days.
Correction
Public notice
Several names of Tribal member college graduates were inadvertently left off a story in the July CUJ. Graduates were honored at Wildhorse Resort & Casino June 23 by the Higher Education Department of the Confederated Tribes of the Umatilla Indian Reservation. Graduates whose names were left on the list were Veronica Mankiller, Bachelor of Science from Lewis and Clark State College; Chelsey Minthorn, Bachelor of Science from Portland State University; Lynette Fairley-Minthorn, Master of Arts in Special Education, PE, Health from Portland State University; Kelsey Motanic, PhD in Medicine from University of New Mexico of Medicine; Sarasa Partida, Associates of Science in Physical Therapy from Bellevue College; Jory Spencer, Bachelor of Science in Communication Disorders and Sciences from University of Oregon; and JueJue “Amamathla” Withers-Lyons, Associates of Arts Oregon Transfer Degree from Blue Mountain Community College.
Stay hydrated. 8A
TERO Code Amendments On July 17, 2017, the Board of Trustees approved amendments to the Tribal Rights Employment Office (TERO) Code via Resolution No. 17-053. The new Code becomes effective September 1, 2017. The amendments included many minor edits but some key changes include: - Expanding TERO’s application to all TERO jurisdiction lands; - Expanding TERO’s application to a larger number of project types; - Outlining the process for Indian Owned Business’ to become certified; - Clarification of the Project Costs subject to the TERO Tax; - Clarification of TERO Commission members responsibilities; - Addition of preference for Indian Owned Businesses in the solicitation process; - Revised tax structure (projects $25,000 or less are exempt); - Increased penalties for non-compliance; - Expanded review of appeals by the Tribal Court For more information or to obtain a copy of the new TERO Code, please contact terostaff@ ctuir.org or call 541-429-7180.
Vehicles, fence, and sidewalk located at the north end of Whirlwind Drive will be removed in order to open up the road for emergency vehicle access.
North fence to be removed soon on Whirlwind Drive By the CUJ
MISSION – Plans are underway to open up the north side access of Whirlwind Drive. No one seems to know when or exactly why, but at some point after the 1970’s homes were built on Whirlwind Drive the north end of the street was blocked off with a fence and sidewalk. “I’ve heard talk about too much traffic going through there and cars going too fast,” said Rob Burnside, Fire Chief of the Umatilla Tribal Fire Department. “It’s been so long ago, way before any of us were working here,” said Marcus Luke, Director of the Housing Department of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR). The reason for re-opening the blocked off road is for emergency service vehicles to have quick access to the area. Currently, emergency vehicles must go around onto Confederated Way, another road, in order to get onto Whirlwind, and once on the street, they don’t have ample space to turn around. Burnside said the CTUIR’s
Confederated Umatilla Journal
Fire Code also addresses the specifics of access and space for emergency vehicles. “When they blocked it off I don’t think the fire code existed or if it was recognized,” said Burnside. “We’ve had a couple incidents … and residents expressed concern about access to and from their homes … not just by the fire trucks but also by the police.” Getting the road open shouldn’t cost very much or take too much time, according to Burnside. “It’s just a matter of knocking down concrete and moving a fence out of the way,” he said. However, some vehicles can also be found at the end of the street blocking off access to the gate. Burnside is currently in communication with the owners to get the vehicles moved. According to Ray Denny, Public Safety Director for the CTUIR, any vehicles that continue to block fire equipment access could potentially get cited by the Umatilla Tribal Police Department. Burnside hopes to see the road opened by the end of October.
August 2017