10.20.160 Emergency temporary exclusion.
The Yurok Constitution Article IV, Section 1(g), grants the Chairperson the authority and duty to “take such actions, including removal and/or barring of persons from Tribal lands, as may be necessary to safeguard the health and/or safety of the Yurok Tribe or its natural resources from imminent danger pending action by the Yurok Tribal Council.” In accordance with the Constitution, this section provides further detail and process for an emergency exclusion action by the Chairperson.
(a) Emergency Action to Exclude by the Chairperson. In cases involving imminent and serious danger to the health or safety of Tribal members or Reservation residents and where delay may result in irreparable harm, the Chairperson shall review any request for exclusion to determine if sufficient cause exists to proceed with exclusion. If the Chairperson determines that sufficient cause exists to exclude the person due to immediate danger and threat of irreparable damage, the Chairperson shall attempt to convene a special meeting of the Council on the issue. If a special meeting cannot be convened, then the Chairperson shall have authority to take emergency action by issuing an emergency exclusion order and to direct the Yurok Tribal Police to exclude such person from Yurok lands using only as much force as is reasonable and necessary to effect the removal. Emergency exclusions shall be temporary and shall not exceed one year.
(b) Ratification of Emergency Action. If the Chairperson takes an emergency action to exclude a person that was not preceded by a meeting of the Council authorizing the emergency action, the Chairperson shall, within 48 hours after taking such action, convene a special meeting of the Council at which the only item of business shall be responding to the emergency. If Council declines to ratify the Chairperson’s emergency action, or if no meeting is held within 48 hours after taking such action, the emergency action shall cease to have any force or effect upon the earlier of the Council’s vote not to ratify such action or the expiration of 48 hours after the action.
(c) Notice of Emergency Action to Exclude. The Yurok Tribal Police shall serve notice upon the person at the time of, or as soon as is practicable after, the Chairperson’s emergency action to exclude that person. Once the person is removed, exclusion proceedings shall be conducted in conformance with the provisions of this chapter. The person shall be permitted to enter Yurok lands in the company of a Yurok Tribal Police officer as necessary to effectively participate in such exclusion proceedings.
(d) Vice Chairperson Authority to Exclude If Chairperson Unavailable. If the Chairperson is unavailable, the Vice Chairperson shall assume the duties and authorities of the Chairperson under this section until the Chairperson becomes available. [Ord. 80 § 1209, adopted, 10/6/2022.]