Banishment for drug peddlers on tribal ballot

By Victoria Pearson
Nevada Appeal

Five constitutional amendment questions are on the ballot for the Fallon Paiute-Shoshone Tribe's Dec. 16 general election, including a proposed measure to banish tribal members for certain drug offenses.

In Question 1, the tribe proposes that any tribal member convicted in any court of crimes involving manufacturing, selling and distributing of illegal drugs or substances would lose privileges and be banished from the tribe. (See breakout)

A first offense conviction will involve banishment with a loss of privileges and rights for five years. A second conviction of a drug-related crime would result in permanent banishment and loss of privileges and disenrollment from the tribe.

Currently, there is no provision in the law for rehabilitation or treatment in lieu of banishment and loss of privileges.

"Our drug problem out here is pretty bad," said Len George, vice chairman for the tribal council. "We were looking for something harsh to effect change in our community."

Banishment was meant as a means to get the attention of drug users and those involved in making and selling drugs on the reservation, he said.

The law can be reviewed by the council and amended in the future to include provisions for treatment or rehabilitation when drug issues decrease, said George.

"We can amend the law at a later date to include other avenues like treatment if the tribe feels the law is being effective," said George.

Question 2 asks to amend the law to include a new reference in the preamble.

Question 3 is an amendment that refers to the closing date for nominations during elections.

Currently, the constitution states the closing date for nominations is 30 days prior to an election. The proposal states the nomination closing date would be 60 days before elections. This was intended to allow time for campaigning, ballot preparation and time for return ballots by mail, according to the amendment.

Question 4 is a clarification of the terms for elected officials. The amendment clarifies all offices serve a four-year term.

"Some places say two-year term and some say four years," said George. "We wanted to clarify it and make it consistent throughout and eliminate confusion."

Question 5 allows for the inclusion of the Indian Civil Rights Act of 1968 to be included in the Fallon Paiute-Shoshone Tribe's constitution.

There is also one advisory question on the ballot asking what season should a general election be held: Winter (January, February, March), spring (April, May, June), summer (July, August, September), or fall (October, November, December).

Although elections are taking place in December, they are currently scheduled for the summer period.

"If a change is elected, a new election schedule would not be effective until the 2008 election year," said George.