Saturday, July 21, 2007

A Growing Frustration

I didn’t go into the office Friday. It had nothing to do with being sick, but rather another commitment. You see, I had been invited by Lewis & Clark College in Portland to participate in their Indigenous Ways of Knowing program, something that has just gotten off the ground for them and one which I am eager to see progress. I felt a twinge of guilt for not alerting staff of my absence this Friday, because often I am one of a few Council members who stays past lunch on the last day of the week. Given the start time, there was really no way I could make it into the office. So this Friday, July 20th, 2007, I would not be in the office, would not be able to make the Elders’ Honor Day, and would not be able to mark my calendar.
On my desk sits a large calendar, 18" by 24", with each day large enough to where you can draft a sentence. For my first two years, this calendar was nothing more than a desk matt, but since December of 2006 it has served a very important purpose: This colorful calendar, which always bears some sort of catchy “nature” photograph, serves as my attendance log. Most days, when I remember, I mark who on Council was in, who was out, why, and where. I think members would be shocked to come in and look at it.
Being a Council member must be in many ways like being self-employed. More than anything it takes a whole lot of discipline, especially just to crawl out of bed every morning and come to work. When I first got elected, the most shocking aspect of this job was the leniency regarding our attendance. Council members can not show up for just about any reason. In fact, they can not show up for no reason.
Last summer with an outgoing Council member I saw that taken to an obscene level. I barely saw him last summer, maybe nine or ten times tops, as he was not seeking re-election and obviously didn’t feel the need to come in. Most mornings upon arriving from work I would look at our status board, the one which lists all Council plus our supporting staff with convenient “in” and “out” columns and times, and would see simply “personal leave”. Of course this particular Councilman was no longer making a concentrated effort to be productive when he did show up, so I can’t say we really missed him. But still, as Angie Blackwell pointed out when she questioned his attendance one morning during Legislative Action Committee, how different is collecting a paycheck for work not done from actual stealing?
Given the partisan position of this Council member within our nine-body board, it was obvious to raise this issue was just going to yield unproductive and mean-spirited arguing. We still had a job to do, and let the issue pass. Looking back, I realize it was a mistake to let him off the hook.
I can’t really say that things improved after the election. In fact, towards the end of the year, I would venture to say they got worse. Bad enough, at least, to where in November during a staff update a pretty notable staff member timidly, if firmly, informed us that it would be nice to have a quorum to conduct business. I jumped on the bandwagon then, tossing in my own comments. For a couple of weeks, I would almost say this little outburst, if one could call it that, worked. But as the holidays rolled around, that work session quickly became forgotten.
Council has recourse, there is language in the Tribal Council Ordinance for dealing with missed meetings, it revolves around “excused” or not. But the real issue is would a majority of Council be willing to enforce this? More importantly, is it worth the time and headache?
The Ethics Task Force included some very forceful rules regarding attendance in their new language, but that ordinance died back in February. I’ve often wondered if reverting Council pay to an hourly basis, clocking in and clocking out included, would provide some sort of antidote to what is becoming a major problem. I’ve also wondered if we need more guidelines for what warrants travel, since right now the policy for which to send Council members to conferences are basically the whims of each person.
My frustration reached a new high in June. In one of the only months during my three years on Council, I had to travel twice, for the first week of the month and the third. I was to learn upon my return that of the four days scheduled with work sessions during my absence, three of them were canceled completely. Three whole days of business were wiped clean and postponed for later. The reason: lack of quorum.

10 comments:

Unknown said...

Chris;
This is what bothers me the most about the council. Why do you wait until re-election to let others know how easy it is for council to spend the day doing what they want and we all are paying for it? I think there are so many of us members that already knew council rarely do their work and yet get paid. I find this the worst case of respect for us the members. I also know council members think the general council are stupid to the fact of how things are ran, but there are a lot of us that know these and other things happen. I am hoping we eventually get a council that is not only open but honest, I am one that feels each person is accountable for their actions and each one will receive what they give. Someday soon we will all unite to fix the loop holes created by council members and have pride in our tribe and council. I only hope more members open their eyes and mouths to let council know we are not as dumb or blind as they would like to think.
Vonnie

Chris Mercier said...

Vonnie,

I am not quite sure what to say. For one, this is the first time I've been up for re-election. Two, you answer your own question, which is that members already know this. The point of my posting was simply that over the past year it has reached a very ridiculous level, hence my frustration. I can't really respond to some of your other comments because I personally don't think the General Council is dumb. I think many are uninformed or misinformed, but those who really want to be informed have avenues to be so and use them. I've come to the conclusion that to address some of the concerns you've voiced here and elsewhere what the Tribe is missing that many democracies have is a free press. That is what usually serves as a watchdog for the people. I think we can have that one day, but it will not happen overnight.

Chris

Unknown said...

Free press is a valuable tool our people could use to open communications. I think the tixilum wawa has helped, but it is still far from a free press.

Along those same lines:
I often wonder why there is a confidential enrollment list.
Do you know the names of all our tribal members? How would you contact another tribal member? I believe that members should be able to communicate not only with tribal officials but with all other tribal members no matter where they may live. I believe that all our communications should be open - I don't mean that we should sell our information for commercial purposes - but that tribal members should be able to contact all other tribal members.

Unknown said...

Chris,

I thank you for your honesty in exposing this problem. Collecting a paycheck for doing no work is stealing in any corportation worldwide.

I especially thank you for not being a part of the problem!

What happened to the ethics ordinance? Why did it disappear to the back burner with 5 positive change people in the majority of council?

Rosemary

Chris Mercier said...

Yetiva,

You raise some interesting questions. My guess, and this is strictly just a guess, is that there might be some privacy issues there. It is worth asking about though, and I intend to.

Rosemary,

Boy, that's a tough set of questions. Actually, they're not tough at all, I just realize that in answering them I will have to ruffle some feathers. The new Ethics Ordinance was supposed to go to Legislative Action Committee, after numerous delays that over time were becoming ridiculous. Unfortunately, at our last work session, the committee sheet to move it to L.A.C. failed. I was one of three "yes" votes. I will try and find the date. I hesitate to speak on why some of my fellow "positive change" Council members didn't support it. For one, I am not clear on why. Two, I think it would be wiser and more fair to let them answer that, as I'm sure they had their reasons. I am not trying to duck the issue, but sometimes think it's better to let people speak for themselves. For the record, I really wanted it to pass, because there was language in there that dealt with attendance, as I mentioned before.

Chris

Anonymous said...

I believe that I still have a copy of that Record of Instruction, and I too voted to adopt the new Ethics Ordinance. It was a huge blow when it was voted down.

We were able to reinstate the old ethics ordinance, but it doesn't have the teeth that the proposed ordinance has.

By the way, Wink Soderberg was the only other council member that voted in favor.

Angie

Unknown said...

Thanks, Angie and Chris,

I am going to ask Kathleen and Wes why they did not support the new ethics ordinance...

That way we will know what they were thinking.

I am now hearing now is that the new ethics proposal would have have given a whole lot of power to a new ethics committee...maybe as much or more power than council?

I am now hearing that the new ethics proposal was supposed to be tied into and a part of our constitution?

What I did not know yesterday when I wrote is that council is operating at the present time under the old ethics ordinance (with a few changes). I thought council was operating with no ethics ordinance.

Rosemary

Unknown said...

Wesley answered why he opposed the new ethics ordinance and I thank him for his answer.

Hi Rosemary,

I have always supported the proposed ethics ordinance with the exception of one part. That part is when a Council person accumulates a total of 6 excused absences, it must go before a review board. This would mean that any doctor’s appointments, funerals, a requested and approved day off, etc would require a review for a determination of punishment if any. I feel this is counterproductive and a waste of the review board’s time. Because Council persons do not receive PTO time, a request for time off must be approved by Council making it an excused absence. I understand that Tribal Council should be held to a higher standard however I also feel that this requirement has too much potential for abuse. Another concern that I have is the review board determining punishment or recommendations for punishment. Tribal Council answers to the tribal membership, therefore even though I support a review board, I feel punishment should be determined by the tribal membership. Thank you for giving me this opportunity to explain my feelings.

Buddy

----------------------------------

From: Rosemary
Sent: Thursday, July 26, 2007 11:41 AM
To: Kathleen Tom; Wesley West
Subject: ethics ordinace proposal

Hi Wes and Kathleen,

Why didn't you support the new ethics ordinance proposal?

What were the parts you didn't like?

Can we get a copy of the proposal?

Thanks for your reply,

Rosemary

Unknown said...

In a message dated 8/1/2007 6:53:18 P.M. Central Daylight Time, Kathleen.Tom@grandronde.org writes:

Hi Rosemary,

I hope all is well with you and your family, I do support an ethics ordinance, however Tribal Council sometimes don’t give clear directives to Ad-hoc committees, by that I mean we form a ad-hoc committee to look at a particular problem, we assume they are sticking to that particular problem, then we end up with recommendations that were completely off what the objectives were in the first place. I do want a strong ethics ordinance. For me I do question some of final proposal to the Tribal Council. I’ll share what I don’t agree with.

#1. The only requirement to be an ethics board member were you had to be 18 years old and a Tribal Member.

I felt that because this board could hand out penalties, such as removal from office, terminations, impose sanctions, take testimonies, all of those items could lead to legal problems for example: lawsuits. I felt that whoever sits on this board had better be licensed as a legal person, investigator, forensic accountant in cases that include misappropriations of fund there are a multitude of issues and unless this board has some expertise in this line of work it could be a large liability for the Tribe.

#2. The Board would be made up of five members and they would be free to engage consultants, professionals, and contractors. They don’t work for free, and if we need consultants, professionals and contractors why would we need the board if all the work was going to be done by someone else (professionals), my point is qualifications, for me they would need to have stronger qualifications that would hold up in a court of law because I assure you that in some cases they would eventually end up in court.

#3. Tribal Council gets to pick who is on the ethics board, that to me is very suspicious, not that they would stack the deck so to speak however I wouldn’t want to see that happen. And it could.

#4. This board would create a whole new body of Government to oversee the Government we already have in place, no one could tell me how much it would cost for 5 board members, full time, operating budget, travel, office space including all the additional professionals that they could hire. Red Flags for me regarding the cost. I think we already have a bloated Government, another layer of bureaucracy with limited guidelines didn’t sound too appealing.

Rosemary you see how I vote, I don’t believe in wasting Tribal Members money, we could have a strong ethics ordinance without a constitutional change that’s what the Ad-hoc committee was suppose to come up with not another layer of Government.

It’s ok to disagree with me; I hope I answered your question.

PS: Are you coming to Pow-Wow? Take care, and God Bless.

Respectfully Yours,

Kathleen Tom

Thanks, Kathleen, I got to say, by what you described below, I agree with you 100 percent and I am sure plenty of other tribal members would too.

I think the ethics proposal missed the mark by adding in another layer of government and by adding all those new tribal government salaries.

Thanks for your answer and assessment of the new ethics proposal.

Best regards,

Rosemary

Unknown said...

Chris,Wes,Angie and Kathleen;
We all want to know how we can stop the cheating of the tribe. I mean by not only taking days off whenever the council wants but also by letting so many do traveling in numbers when one or two should be able to handle the job. I would like to see some accountability for the misuse of tribal monies. How can we stop all the little things that end up costing all of us a lot in the end. With the cost of everything from gas to flying going higher all the time and add motel rooms, food and entertainment well it just takes away from all. I still think there should be some way to have council be responsible for their spending and it doesn't do any good to say you are responsible to us members as apparently we don't seem to be able to stop it. Tell us how and we will do it. I would love to see more cultural life in our tribe and hope when I get moved over that way I will be able to find members who feel the same way so we can start gathering information and learning to help ourself and others to learn the old ways of our ancestors.
Vonnie