Council files appeal to recall
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Editor,
Many Tribal members are asking what happened to the BIA-approved petition to hold the secretarial election on the amendment to the CSKT constitution for the membership through the petition process, to recall any tribal councilman from office for malfeasance (official misconduct).
The Tribal Council recently filed an appeal on the BIA’s decision. Chairman Joe Durglo was asked in the Nov. 5, 2013 council meeting if this was true and he responded “yes,” adding that the membership would be allowed to see a copy of that letter of appeal. We then obtained a copy from the BIA office at the tribal complex.
It seems that on Oct. 23, 2013, the CSKT tribal attorneys filed a Petition for Stay of Decision Pending Appeal and a Notice of Appeal and Statement of Reasons with the Board of Indian Appeals, U.S. Department of Interior in accordance to sections 25 and 43 of the Code of Federal Regulations. The council’s decision to appeal is legal.
In the Tribal Council’s Notice of Appeal and Statement of Reasons they state: “It is the Tribal Council’s belief that if put to the secretarial election and approved, the proposed amendment would create a combative and chaotic political atmosphere, as well as undermine the ability of the Tribal government to function in an efficient and effective manner. Because the CSKT Tribal Council feels this is a direct and purposeful assault on the stability of the CSKT Tribal government and the integrity of the CSKT Tribal constitution by a faction of disaffected Tribal members, this appeal has been lodged.”
The Notice of Appeal and Statement of Reasons contains many other reasons the Tribal Council is against this particular issue.
Under Article VI, Section 1 (b) of the CSKT Tribal Constitution it states: Powers and Duties of the Tribal Council: “To employ legal counsel for the protection and advancement of the rights of the Flathead Confederated Tribes and their members.”
Some members, including myself, Joelene Frey and Donna Orr, are finding it ironic that the legal counsel for the Tribe is being paid out of the Tribal funds to fight the membership itself.
Joyce Mitchell
Ronan
