Chief’s Letters

The Court, having received and considered the Motion to Reconsider and for Remand filed by Appellees/Defendants, Paul Barton, et al., and having considered the Objection thereto filed by Appellants/Plaintiffs, finds that a basis in fact and law has not been stated in the motion or found by the Court, and the Court therefore denies the motion to reconsider and for remand, and a mandate shall issue.

Dear Ms. Donohue and Mr. Barton:
I have presented your settlement offer to the Business Committee. My clients were pleased that you want to dismiss your lawsuit so that a new election can be held. The Business Committee was initially surprised that you want a new election.

The Court of Indian Appeals in its Decision and Order of June 2, 2017, found as follows:
(1) Paul Barton, Cynthia Donohue, Hoyit Bacon, and attorney Scott B. Goode’s coup removing the elected officials was illegal.
(2) Chief Fisher had the constitutional authority to adjourn the General Council Meeting of June 4, 2016.
(3) The Magistrate’s takeover of the election held on January 21, 2017, supported by Paul Barton, attorney Scott B. Goode and Cynthia Donohue was illegal and violated the due process rights of the Nation and its members.

The order of the trial court declaring Plaintiffs to be the proper office holders on the Seneca-Cayuga Business Committee is affirmed. The order of the trial court that the actions of those who remained after adjournment of the 2016 Seneca-Cayuga General Council annual meeting were not authorized by the Seneca-Cayuga Constitution and are null is affirmed. The orders of the trial court that went beyond these determinations are reversed and ordered vacated. Entered this 2nd day of June, 2017.

The Plaintiffs concur in the conclusion of the Election Monitor’s Report (“Report”) as to the election’s invalidity. However, the most important reason for that invalidity is not mentioned in the Report. Contrary to the Report’s assumption, the Eligible Voter List, pursuant to which the ballot packets were mailed out, was not up to date. In fact, the Eligible Voter List had not been updated to include those tribal members turning 18, and therefore becoming eligible to vote since the June 16 General Council Meeting. Those omitted voting members, numbering at least 71, exceeded the margin of victory in the Chief election, thereby preventing the results from being capable of determination with mathematical certainty.

COMES NOW, the Defendants and for their Response to the Petitioner’s Amended Petition and Application for Emergency Ex-Parte Temporary/Permanent Injunction and Writ of Mandamus (“Amended Petition”), allege and state as follows:

The Defendants’/Appellees’ (“Barton”) Answer Brief warrants comment for multiple reasons. First, its misstatement of facts and law, including the indisputably false characterization of a U.S. Supreme Court holding and the failure to mention the express incorporation of federal constitutional guarantees in the Seneca-Cayuga Nation’s Constitution (“Nation’s Constitution”) while claiming federal law is irrelevant, destroys the Answer Brief’s credibility. Second, the failure of the Answer Brief to address the undisputed facts in the record confirm the arguments for reversal by the Plaintiffs/Apellants (“Fisher”) based on those facts. Third, the Answer Brief’s complete absence of applicable authority demonstrates the failure to rebut Fisher’s proof of error.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Defendant(s) named herein, and their agents, servants and all persons acting by or through or under their authority be and are hereby enjoined and restrained from ordering and/or holding any new election pertaining to the offices of Chief of the Seneca-Cayuga Nation and First Committee Person of the Seneca-Cayuga Nation, until this matter is resolved or until further order of the Court.

The Appellant, Paul Barton, has filed an appeal of the decision of the Seneca-Cayuga Nation’s (“Nation”) Election Committee of January 30, 2017, sustaining the challenge of Sarah Sue Channing to the election of January 21, 2017, for Chief. The Business Committee held a hearing on the appeal on February 13, 2017. The Appellant appeared in person and had attorney Scott B. Goode sit with him.

The Appellant, Cynthia Donohue, candidate for First Council Person, filed an appeal of the decision of the Seneca-Cayuga Nation’s (“Nation”) Election Committee of January 30, 2017, sustaining the protest of Sallie White to Appellant’s election. The Business Committee held a hearing on the appeal of February 13, 2017, at which both the Appellant and her attorney Scott B. Goode appeared and spoke.

Resolution #25-012617: A Resolution Supplementing and Incorporating Procedural Safeguards to the Seneca-Cayuga Nation Election and Voting Ordinance of April, 2016, Enacted by the Seneca-Cayuga Nation Business Committee.

IN THE COURT OF INDIAN APPEALS FOR THE MIAMI AGENCY
MIAMI, OKLAHOMA

PETITION IN ERROR

COME NOW the Appellants and for their Petition in Error state:

1. This is an appeal from the Court of Indian Offenses for the Miami Agency, Miami, Oklahoma.

On November 21, 2016, the Federal Court of Indian Offenses affirmed the Seneca-Cayuga Nation’s Business Committee’s finding that LeRoy Howard, a candidate for Chief, failed to meet the Seneca-Cayuga Nation’s Constitutional requirements for tribal membership, as required in Tribal Election Ordinance. The Election Ordinance requires a candidate for office to meet the Constitutional requirements for Tribal membership within the Seneca-Cayuga Nation in addition to the Constitutional requirements for office.

The Inter-Tribal Council, Inc. of Oklahoma (“ITC”) and some of its member tribes, including the Miami Tribe of Oklahoma, the Wyandotte Nation, the Ottawa Tribe of Oklahoma, the Peoria Tribe of Oklahoma, the Eastern Shawnee Tribe of Oklahoma, the Shawnee Tribe, and the Seneca-Cayuga Nation, filed a Motion for Leave ot Intervene and Protest on July 22, 2016 in FERC Docket 1494-433 opposing the Grand River Dam Authority’s Application for Non-Capacity Related Amendment of License, Including Possible Temporary Variance for 2016, filed May 6, 2016. The Modoc Tribe of Oklahoma and the Quapaw Tribe of Oklahoma did not join in that motion.

We, the Seneca-Cayuga Indians of Oklahoma, sometimes designated as the Seneca Tribe, in order to take the advantage of the opportunities of economic independence and social advancement offered by the Thomas Rogers Oklahoma Indian Welfare Act of June 26, 1936, do hereby amend our present Constitution and Bylaws and do adopt the following Constitution and Bylaws pursuant to that Act.