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Tribal Laws That Govern Us

Facts 

  • ONC was incorporated in 1983 as a state-chartered 501(c)(3) non-profit. 

  • ONC is a federally recognized tribe. 

  • Our current Tribal Law mandates all members to have equal access to tribal resources and are welcome to receive and review tribal records including membership rolls and finance records. 

  • A Tribal Law Review and Revision Committee was convened on Mar 9. 

  • The purpose, goals, and expected duration of the committee have been requested, but not provided. Informally, the Council has stated the goals are to review and possibly revise the constitution, bylaws, and ordinances. “Blood quantum” was a focus of the initial meeting with a volunteer attorney invited to present about that specific topic. Candid tenets were openly shared by some strident Council members. 

  • The next meeting is pending a call of the chair, Walter Jim, despite requests to get started. ​

  • Changes to the 2002 Constitution require affirmation of at least half of voting members available to vote in a convened meeting. This results in a possible minimum threshold of 12.5% of Bethel resident tribal members voting in change for all citizens. This ⅛ portion is even more alarmingly reduced when considering only a portion of our ~3,400 members are voting adults who reside in Bethel. Restricted voting practices must be addressed. We must confirm a common understanding and test our understanding against the joint review of enrollment demographics requested.

  • Sonosky was recommended by concerned citizens as among reputable law firms with a long standing tribal code practice to assist ONC.

Calls To Action

Please request ONC governance documents from ONC directly and once received, offer your comments for improvements to reflect our current and coming realities. ​​​​​​​

 

Please review an updated draft proposed resolution submitted to ONC on March 26th and prepared by concerned enrolled citizens for introduction at the April 7 regular Council meeting. 

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  • Reach out with ideas, issues, and questions. 

  • Contact Self-Governance Director Sophie Swope. Email sswope@nativecouncil.org. Call (907) 543-0501. 

  • Contact Tribal Law Review and Revision Committee Chair Walter Jim or Council/Committee members. 

  • Ask for a seat at the table!  

Tough Questions

  • What is the envisioned purpose of reviewing and potentially revising our governing documents?

  • Who will be involved? How do citizens engage? Why has citizen participation been limited to one non-elected person so far?

  • What represents the best of us and must remain as our prerogative? What adaptations are needed to address current realities in a good and affirming way? 

  • What are quorum and voting trends across time (since 1983, 2002, and after Ordinance 96-2 was authorized in 2016)? Should quorum requirements be updated to strive for maximum participation?

  • Should ONC revert back to the original  full membership selection of four (not three) officers to update the 2002 decision to authorize the newly seated  Council to select Council officers for one-year terms? (Currently a solo council member serves in dual Officer roles.)

  • Should ONC add term limits for Council members and/or officers? 

  • What do you think founders meant by “of Alaska Native blood?” and “through an ancestor?”

  • If “blood quantum” requirements are to be instituted, what is the process to ensure ample time and open opportunities to receive and review member comments?

  • Is “disenrollment” being contemplated? By whom? Why? Is this acceptable? 

  • Must restricted voting have a place in our tribe in 2021? The 2003 Election Ordinance 96-1(a) states that all adult members shall have a right to vote. 

  • Do we want more or fewer voices heard? Why? And why not. 

  • Should we address the disenfranchisement of many  tribal citizens residing outside of Bethel (40+% of members)? How? Why is the Council not following the 2003 Election Ordinance 96-1(a)? 

  • Should language be added to allow (an) at-large member(s) on the Council and across committees? (If 40% of members live outside of Bethel this could represent 2.8 of 7 Council members as non-Bethel resident representatives.  44% suggests three non-Bethel resident Council members for equitable representation)

  • Should evolving tribal membership demographics be reviewed at least annually prior to the call for Council candidates to inform appropriate levels of representation? (as children become adult voters and people continue to relocate)  

  • Should ONC add an authorized and codified glossary of terms to avoid more misunderstandings, misinterpretations,  and mistakes? 

  • Would ONC consider starting membership chapters so ONC people living in various places have formal avenues to gather and meet electronically— to get and stay engaged and informed? (And have a formal platform to let ONC know what is working well, what local gaps and issues are, and what they’d like to see more of. Note: founders entertained outside or satellite offices at inception).  

  • What is the status of the ONC Tribal Court and its jurisdiction? Are caveats of sovereign immunity and waivers addressed in our court’s jurisdictional authority?

  • Are scant thresholds for quorum (25%) and (Bethel only) voting tenable? Equitable? Disenfranchising? 

  • In April, will ONC include nonresident (“inactive”) adult members according to 2016 Ordinance 96-2? And all adult members according to 2003 Election Ordinance 96-1(a)?  What passes the stink test to ensure fairness?

  • What portions of ONC operations are conducted as a federally recognized tribal government and as an Alaska state chartered non profit corporation entity number 28805D?

What Can We Learn From Other Tribal Nations?

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