Recall petitions filed against Council

Scott Csernyik

1/25/2005 12:00:00 AM

Recall petitions recently filed against the four Executive Tribal Council members have prompted protests and plunged a political wedge deeper within District 1 of the Saginaw Chippewa Indian Tribe of Michigan.

The four petitions were filed with the Tribal Clerk's Office on March 18 by Patricia Peters against Chief Audrey Falcon, Sub-Chief Bernie Sprague, Treasurer Charmaine Benz and Secretary Ruth Moses. On the following day, Tribal Clerk Darryl Jackson delivered his final written determination regarding their validity to Tribal Council.

The petitions claim there was "misconduct and dishonesty by falsely accusing, and terminating without due process, Washington, D.C., lobbyists Greenberg Traurig and market protection firm Capital Campaign Strategies; eliminated (the) Legislative Affairs Director position, and delaying disenrollment court proceedings, which therefore undermines the future financial position of the Tribe."

A small group of protesters gathered outside the Tribal Center near the intersection of Leaton and Broadway roads during business hours after the protests were filed. The protesters expected the four Tribal Council members to immediately step down once the petitions were determined to be valid by the Tribal Clerk based on the Tribe's Constitution. There are 704 registered voters in District 1, as of the most recent information provided by the Tribal Clerk's Office for the last special election which took place in February.

During the week of March 22 through 26, the Tribal Center had sporadically been locked-down for public safety purposes. Tribal police officers have maintained a physical presence in the Tribal Center since May 19.

For the recall effort to proceed, at least 215 signatures were required on each petition. Peters said the drive collected 243 signatures against Falcon, 251 for Sprague, 248 for Benz and 251 for Moses. After a review was conducted by the Tribal Clerk's Office concerning the validity of the signatures based on voter registration records, the Tribal Clerk determined there were 234 for Falcon, 226 for Sprague, 228 for Benz and 225 for Moses.

The determination of the validity or invalidity of a removal petition by the Tribal Clerk is a final determination subject to the exclusive review of the Tribal Council.

According to Ordinance No. 4:

"[The] review shall occur within fourteen (14) calendar days of; the date of filing of a written request with the Tribal Clerk by the applicant, which request must be filed within seven (7) calendar days of the date of receipt by the applicant of the final written determination of the Tribal Clerk regarding the validity of such petition; or, where such review is on the initiative of the Tribal Council, the date of receipt by the Tribal Council of the final written determination of the Tribal Clerk regarding the validity of such petition. When the final determination of validity of a removal petition is under review by the Tribal Council, the Tribal Council member being named for removal in such petition shall be recused from the review proceedings."

Before the Tribal Observer was sent to press on March 29 at 9 a.m., Tribal Council had not seen or received the petitions from the Tribal Clerk's Office-which was closed and not staffed on March 22 and 26.

During a special meeting on March 24, Tribal Council passed a 6-4 vote Resolution No. 04-068-which directed the Tribal Clerk and/or Deputy Clerk "to provide Tribal Council with the administrative record, including the removal petitions, for such review immediately upon receipt by the Tribal Clerk and/or Deputy Clerk of this resolution."

"Tribal Council may conduct a review on its own initiative of the Tribal Clerk's determination of validity of the removal petitions as established by Section 3(d)(7)(ii) of Ordinance No. 4; and Tribal Council is entitled to review the administrative records, including the petitions, in order to ensure due process and in order to conduct a full and meaningful review of the Tribal Clerk's determination; and prior Tribal Councils have historically reviewed the administrative record, including the petitions, while conducting the review of the Tribal Clerk's final determination," the resolution stated.

The U.S. Department of the Interior's Bureau of Indian Affairs is not currently reviewing the removal process.

"As you are aware, we are mindful of federal law and policy which directs the BIA to refrain from interfering in internal Tribal matters or taking any action which might be considered an �unwarranted intrusion' into Tribal government," according to a March 24 letter from Melanie Vanderlooven, Michigan field office representative. "This letter is to confirm that there are no BIA employees from this office on site at the Saginaw Chippewa Tribe's reservation to oversee or review the removal process."