Submitted
to thecaddo.com Message Board by Laura Jarvis
This will be long but feel
it is necessary so all can be aware there was a Restraining Order instructing
Parker, Hinse and Kodaseet to conduct a Special Meeting for the removal
of Parker and restraining Parker, Kodaseet and Hinse from holding or
conducting a Recall Meeting scheduled for November 22, 2003.
IN THE COURT OF INDIAN OFFENSES FOR THE CADDO
TRIBE, ANADARKO, OKLAHOMA
Filed in CFR Court November 18, 2003.
CADDO NATION OF OKLAHOMA, LaCREDA DAUGOMAH, CHRISTINE
NOAH, ANN DONAGHEY, MARY PAT CLARK, and MARILYN THRELKELD, Council Members
of the Caddo Nation of Oklahoma - Plaintiffs
vs.
LaRUE PARKER, individually, and as Chairman of
the Caddo Nation of Oklahoma, FRANCES KODASEET, individually, and as
the Oklahoma City Representative of the Caddo Nation of Oklahoma, and
JOYCE HINSE, individually and as Vice-Chairman of the Caddo Nation of
Oklahoma, Defendants.
SECOND AMENDED PETITION FOR DECLARATORY AND INJUNCTIVE
RELIEF, MANDAMUS, AND TEMPORARY RESTRAINING ORDER
Comes Now, the Petitioners, and for their cause
of action against the Defendants, allege and state as follows:
PARTIES
1. The Plaintiffs are Tribal Council Members of
the Caddo Nation of Oklahoma.
2. Defendants are Officers of the Caddo Nation
of Oklahoma and serve in the capacity indicated in the caption and have
acted in such capacity except as hereinafter provided.
3. The Caddo Nation of Oklahoma is a federally
recognized Indian tribe governed by a Constitution and By-Laws and subsequent
legislation which includes but is not limited to the Election Ordinance
of the Caddo Indian Tribe of Oklahoma.
VENUE AND JURISDICTION
4. The Plaintiffs incorporate each and every allegation
previously pled.
5. The Court of Indian Offenses setting at the
Anadarko Indian Agency, Bureau of Indian Affairs, United States Department
of the Interior, is the Tribal Court for the Caddo Nation of Oklahoma.
The Caddo Nation of Oklahoma did officially recognize the Court of Indian
Offenses as the Tribal Court by Resolution #07-2003-01 wherein the Court
of Indian Offenses is specifically authorized to adjudicate any internal
tribal disputes and election disputes. A copy of said Resolution is
attached hereto and marked Exhibit "A".
6. That Plaintiffs and Defendants are all members
of the Caddo Tribe of Indians of Oklahoma a/k/a Caddo Nation of Oklahoma
and the Tribal Officers of the Caddo Tribe of Indians of Oklahoma a/k/a
Caddo Nation of Oklahoma are situate in Indian Country.
OPERATE FACTS
7. The Plaintiffs incorporate each and every allegation
previously pled.
8. Defendants, and each of them, have acted and
continue to act ultra vires outside of the authority vested in them
by the Constitution and By-Laws of the Caddo Nation of Oklahoma.
9. The Defendants have refused to call a meeting
of the Tribal Council and have refused to attend the regularly scheduled
meetings of the Tribal Council.
10. The Defendants and each of them have conspired
to invade the exclusive jurisdiction and authority of the Election Board
for the Caddo Nation of Oklahoma. Defendant, LaRue Parker, hereinafter
referred to as "Defendant Parker", has closed the checking
account for the Election Board for the Caddo Nation of Oklahoma causing
the Election Board to be without funds to conduct the previously authorized
election of officers.
11. Defendant Parker has locked the offices of
the Election Board of the Caddo Nation of Oklahoma and has refused Members
of the Election Board for the Caddo Nation of Oklahoma access to their
offices and records.
12. Defendant Parker, by closing the checking
account of the Election Board for the Caddo Nation of Oklahoma, has
caused them to be without funds to conduct a constitutionally authorized
election of officers.
13. The Defendants, and each of them, has refused
to accept the decision of the Election Board for the Caddo Nation of
Oklahoma finding that the previously held election was void as a result
of irregularities and now refuses to allow the final decision of the
Election Board for the Caddo Nation of Oklahoma to take effect and allow
an election of officers to be held.
14. That Defendants, and each of them, now seek,
in violation of the Constitution and By-Laws if the Caddo Nation of
Oklahoma, to have a membership meeting for the purpose of removing Members
of the Election Board for the Caddo Nation of Oklahoma and substituting
Defendants' selection of Election Board Members to the Membership of
the Election Board for membership approval. That said conduct is in
direct violation of the Constitution and By-Laws of the Caddo Nation
of Oklahoma and the Election Ordinance of the Caddo Tribe of Indians
of Oklahoma.
15. That Defendants, and each of them, refuse
to hold and conduct a Special Council Meeting for the purpose of removing
Defendant Parker from office even though the same is authorized and
required by the Constitution and By-Laws of the Caddo Nation and its
Recall and Removal Ordinance.
16. Defendants have called for a Meeting of the
Membership for the purpose of recalling Ann Donaghey, Mary Pat Clark
and Marilyn Threlkeld, Plaintiffs above named. That the procedure employed
by Defendants is in violation of the Constitution and By-Laws of the
Caddo Nation and its Recall and Removal Ordinance. The manner in which
Defendants have construed the Constitution and By-Laws together with
the Recall and Removal Ordinance of the Caddo Nation will allow the
entire voting membership to vote and remove Mary Pat Clark, Ft. Cobb
Representative, and Ann Donaghey, Anadarko Representative, when they
were elected by only those voting members in their respective District.
That the Meeting of the Membership is scheduled for November 22, 2003.
17. That the Defendants, and each of them, continue
to violate the mandatory provisions of the Constitution and By-Laws
of the Caddo Nation of Oklahoma and the Tribal Election Ordinances,
and other laws of the Caddo Nation of Oklahoma.
TRIBAL CONSTITUTIONAL VIOLATIONS
18. The Plaintiffs incorporate each and every
allegation previously pled.
19. Defendants, and each of them, have acted outside
of constitutional tribal authority and ultra vires by invading the exclusive
jurisdiction and province of the Election Board for the Caddo Nation
of Oklahoma. The decision of the Election Board for the Caddo Nation
of Oklahoma to vacate the prior election and hold a subsequent election
is final. See, Constitution and By-Laws of the Caddo Tribe of Indians
of Oklahoma, Article VII, Section 2.
20. The defendants, and each of them, violated
the provisions of the By-Laws of the Caddo Tribe of Oklahoma, specifically
Article II--Meetings, Sections 1, 2, 3 and 4 by refusing to have and
conduct monthly meetings of the Tribal Council for the Caddo Nation
of Oklahoma.
21. The Defendants, and each of them, violated
the Caddo Tribal Constitution and By-Laws, Article VI--Duties Of Tribal
Officers, Section 2 (b, by failing to carry
out the plans and policies established by the Tribal Council.
22. The Defendants, and each of them, have violated
the Caddo Tribal Constitution and By-Laws, Article VI--Duties of Tribal
Officers, Section 2©, by entering into contracts and agreements with
federal, state, or local governments, and private persons, or corporate
bodies, without the prior approval of the Tribal Council.
23. Defendants, and each of them, have violated
the Caddo Tribal Constitution and By-Laws, Article VI--Duties of Tribal
Officers, Section 2(e), by failing to serve as a principal resource
for the Tribal Council for data, information, methods, evaluations,
and systems.
24. Defendant Parker, Tribal Chairman, has violated
the provisions of the By-Laws of the Caddo Tribe of Oklahoma, Article
II--Meetings, Section 2, by refusing to follow Robert's Rules of Order.
Robert's Rules Of Order, Article XI, Section 63, was likewise violated
by Defendants, by their refusal to either fix or attend meetings of
the Tribal Council and by further failing to allow for the adjournment
of meetings to a future time and date.
25. That the Defendants, and each of them, have
violated the provisions of the Caddo Tribal Constitution, Article V,
Section 2(f), for failing to establish procedures for the conduct of
all tribal government and business operations in accordance with the
approval of the Caddo Tribal Council. The Defendants, and each of them,
have violated the Constitution and By-Laws of the Caddo Tribe of Oklahoma
by failing to either establish and set regular monthly scheduled council
meetings or in the alternative refusing to attend the regularly scheduled
Tribal council meetings for the Caddo Nation as determined by a majority
vote of the Tribal Council for the Caddo Nation.
26. The Defendants, and each of them, and in particular,
Defendant Parker, has refused to call a special meeting as is required
by the By-Laws of the Caddo Nation of Oklahoma, Article II--Meetings,
Section 4. The requested special meetings of the Tribal Council must
be scheduled by Defendant Parker and Defendant Parker is without any
discretion whatsoever in denying the request of the Tribal Council for
a special meeting and/or meetings.
27. The Defendants, and each of them, have violated
the provisions of Article V, Section 2(q) of the Constitution and by-Laws
of the Caddo Tribe of Indians of Oklahoma, by failing to provide for
the promotion and protection of the Tribe and its members.
28. The Defendants, and each of them, have violated
the provisions of Article V, Section 2, of the Constitution of the Caddo
Tribe of Indians of Oklahoma by failing to allow and recognize that
the Tribal Council is empowered to manage, administer, and direct the
operation of tribal programs, activities, and services. Defendant Parker
has intentionally attempted to limit the power of the Tribal Council
by issuing various memos and directives to the employees of the Caddo
Nation prohibiting them from giving information to any Tribal Council
Member.
29. The Defendants, and each of them, are subject
to recall and removal under the provisions of Article XII of the Caddo
Tribal Constitution, Section 1, for the reason the Defendants have failed
to attend four (4) consecutive meetings of the Tribal Council.
30. That Defendant LaRue Parker has missed four
(4) consecutive Tribal Council meetings in violation of Article XII,
Section 1, of the Caddo Tribal Constitution, and as a direct result
thereof is subject to removal from office. That in accordance with Section
3 of Article XII of the Caddo Tribal Constitution, the Tribal Council
is empowered to remove Defendant Parker from office. That Plaintiffs
caused to be called a Special Meeting of the Tribal Council for the
purpose of removing Defendant Parker from office. Plaintiffs strictly
followed the provisions of the Caddo Tribal Constitution and By-Laws
regarding the removal of Defendant Parker. A meeting was scheduled and
held for the purpose of removing Defendant Parker from the Tribal Council,
however, Defendant Joyce Hinse, refused to conduct the removal meeting
and immediately adjourned the removal meeting without just cause. Defendants
Parker and Hinse are in direct violation of Article XII, Sections 1
and 3 of the Caddo Tribal Constitution, as well as Section 5-a of the
Recall and Removal Ordinance of the Caddo Indian Tribe of Oklahoma.
31. The Defendants, and each of them, have, by
the employment of oppression in office, caused the Tribal Council for
the Caddo Nation to be ineffective and divested of the constitutional
powers and duties vested in Plaintiffs by the Constitution and By-Laws
of the Caddo Tribe of Oklahoma, the Election Ordinance, and other Tribal
Laws.
32. The Defendants, and each of them, and in particular
Defendant Parker and Frances Kodaseet, as candidates for Tribal Office,
have directly interfered with the operation and effect of the Election
Board for the Caddo Nation by usurping the Election Board of their offices
and their funds. Defendant Parker and Defendant Kodaseet are candidates
for office and are specifically prohibited from attempting to influence
or disrupt the elective process.
33. That Defendants have violated the mandatory
provisions of the Caddo Nation's Recall and Removal Ordinances by refusing
to submit the Petition For Recall to the Secretary of the Tribal Council
who with the aid of the Election Board records, shall determine the
validity of the names of the signatories to the Petition and certify
to the Chairman of the Tribal Council whether or not the Petition bears
the names of at least 50 of the Tribe's registered voters. Defendants
have further violated the terms and provisions of the Constitution and
By-Laws of the Caddo Nation, Article XII--Recall and Removal. At Section
1, it is stated that upon receipt of a valid petition signed by at least
50 of the Tribe's registered voters, it shall be the duty of the Chairman
to call and conduct within 15 days, a special meeting of the Membership
to consider the recall of a Member of the Tribal Council. Such meeting
is subject to quorum provision. Only one Member of the Council may be
considered for recall at any given recall meeting. The recall meeting
of the Membership scheduled by Defendants exceeds the mandatory 15-day
period. Further, all three (3) Members have been scheduled to submit
themselves to the recall meeting of the Membership on the same date.
Plaintiffs are entitled to have separate and distinct meetings on different
days and not one continuous meeting throughout the one day, that being
the 22nd day of November, 2003. Defendants have likewise refused to
show and deliver true and correct copies of the Petitions For Recall
to Plaintiffs. The manner in which Defendants have construed the Constitution
and By-Laws together with the Recall and Removal Ordinances of the Caddo
Nation will allow the entire voting membership to vote and remove Mary
Pat Clark, Ft. Cobb Representative, and Ann Donaghey, Anadarko Representative,
when they were elected by only those voting members in their respective
District. Said Construction of the Constitution and By-Laws and the
Recall and Removal Ordinances of the Caddo Nation violate Article X,
Bill of Rights of the Constitution and By-Laws of the Caddo Nation.
34. Plaintiffs have no other adequate remedy at
law and irreparable injury will occur if Defendants are allowed to conduct
the Recall Meeting.
TEMPORARY RESTRAINING ORDER
35. Plaintiffs move this Court for a Temporary
Restraining Order restraining the Defendants from interfering with the
Election Board of the Caddo Nation in any manner whatsoever and ordering
the release of all necessary funds to the Election Board to conduct
the projected tribal election. Plaintiffs further move this Court for
a Temporary Restraining Order directing Defendant Parker or any other
person to deliver keys to the offices of the Election Board for the
Caddo Nation and to restrain from interfering with the conduct of the
business of the Election Board in any manner whatsoever.
36. Plaintiffs further move this Court for a Temporary
Restraining Order restraining and directing the Defendants to abide
by the Constitution and By-Laws of the Caddo Tribe of Indians of Oklahoma,
the Election Ordinances of the Caddo Tribe of Oklahoma, and any other
laws duly and lawfully enacted by the Caddo Nation of Oklahoma.
37. Plaintiffs further move this Court for a Temporary
Restraining Order directing the Defendants, and each of them, to establish
and hold monthly meetings of the Tribal Council for the Caddo Nation
and to honor all requests made by a majority vote of the Caddo Tribal
Council fro special meetings of the Tribal Council.
38. Plaintiffs further move the Court to enter
an Order directing Defendants to call and attend a Special Meeting of
the Tribal Council for the purpose of removing Defendant Parker.
39. Plaintiffs move this Court for a Temporary
Restraining Order restraining Defendant Parker and Defendants Kodaseet
and Hinse from holding and/or conducting a meeting of the membership
of the Caddo Nation for the purpose of interfering with the actions
of the Election Board for the Caddo Nation and further restrain Defendants
Parker, Kodaseet and Hinse from attempting to remove the present members
of the Caddo tribal Election Board and substitute therein members of
their choice. Plaintiffs further request that the Court's Temporary
Restraining Order further restrain Defendants, and each of them, from
presenting any business, proposed action, or any other matter to the
membership of the Caddo Nation regarding the Election Board for the
Caddo Nation or its previous decision to void and vacate the past election
of officers and hold a subsequent election for officers of the Caddo
Nation.
40. Plaintiffs further move this Court to enter
an Order directing Defendants to call, hold, and conduct a Special Meeting
for the purpose of removing Defendant Parker from office and as a member
of the Tribal Council in accordance with the applicable sections of
the Tribal Constitution and Recall and Removal Ordinance.
41. Plaintiffs move this Court for a Temporary
Restraining Order restraining Defendants Parker, Kodaseet, and Hinse,
from holding or conducting a Recall Meeting scheduled for the 22nd day
of November, 2003.
PRAYER FOR RELIEF
42. Plaintiffs pray for Order of the Court:
(1) Granting Temporary Restraining Orders as above
requested;
(2) Declare the rights and liabilities among the
parties;
(3) Enter an Order of Declaratory Relief;
(4) Determine that the Defendants are in violation
of the Constitution and Bylaws of the
Caddo Nation of Oklahoma, the Caddo Nation's Election
Ordinances, and other Tribal Laws
duly and lawfully enacted by the Caddo Nation;
(5) Grant Plaintiffs an Order of Injunctive Relief;
(6) Award Plaintiffs attorney fees and costs;
(7) Enter an Order directing Defendants to call
and conduct a removal hearing for
Defendant Parker in accordance with the Constitution
and By-Laws of the Caddo Nation
and the Recall and Removal Ordinance of the Caddo
Nation;
(8) Grant a Temporary Restraining Order restraining
Defendants from conducting a Meeting of
the Membership of the Caddo Nation for the purpose
of recalling Plaintiffs;
(9) Issue any Orders it determines are necessary
and just.
Respectfully Submitted,
Laura Jarvis
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