The following is was transferred from a PDF file presented by former CBC member Darrell Kosechequeta. ComancheMedia was not presently able to transfer the PDF file here. We intend to present PDF file later. For now, here is the temporary version. It is word for word. This is the Resolution on which the Ball Park CBC is basing its claim that the April, 2012 recalls are invalid. We have highlighted the pertinent passages. Please scroll down.
Comanche Indian Tribe
Resolution No.1 6 -0 2
WHEREAS, the Comanche Nation is a federally recognized Indian Tribe with a Constitution approved by the Secretary of the Interior on January 9, 1967, to safeguard tribal rights, powers, and privileges to improve the economic, moral, education and health status of its members; and
WHEREAS, the tradition of sovereignty of the Comanche Nation, since time immemorial long prcdates the existence of the Nation, establishes the inherent sovereign powers and rights of the Comanche self~govenlment; and
WHEREAS, the Comanche Business Committee is the duly elected official body designated to conduct business for and on behalf of the Comanche Nation; and
WHEREAS, the Comanche Business Committee has developed policies and procedures governing the use of Petitions by members of the Comanche Indian Tribe, in accordance with the provisions oftlle Comanche Tribal Constitution, and
WHEREAS, those policies and procednres have beeu codified in a Tribal Petition Ordinance, duly adopted by the Comanche Bnsioess Committee, and
WHRREAS, the Comanche Bnsiness Committee has determined that there is a need for a revised Petition Ordinance, and
NOW THEREFORE BE IT RESOLVED, that the Comanehe Business Commitiee approves and adopts the following revised Tribal Petition Ordinance:
Effective: February 3,2002
AND BE IT FURTIIER RESOLVED, that all Petitions initiated on or after February 3, 2002 shall be governed by the above adopted Petition Ordinance.
The foregoing Resolution was duly adopted at a regular meeting of the Comanche Business Committee held on February 2,2002, at the Comanche Tribal Headquarters, Lawton, OK, by a majority vote of _~ for, _~ against, and _1_ abstentions, a quorum being present.
Johnny Wauqua, Chairman
Thomas Chibitty, Secretary-Treasurer
COMANCHE INDIAN TRIBE P.O. BOX 908 LAWTON, OK 73502 COMANCHE INDIAN TRIBE
Section 1 AUTHORITY AND PURPOSE
The purpose of this ordinance is to provide for uniformity in the
initiation and processing of petitions, pursuant to the authority
contained in the Comanche Indian Tribe’s Constitution, Article V Tribal Council; Article VII- Vacancies and Removal from Office; and
Article X – Bill of Rights, for the following purposes:
A. To request the Tribal Chairman to call a Special Meeting of the
Tribal Council by setting forth the purpose of the meeting consistent with the Constitution.
B. To request the Tribal Chairman to call a Special Meeting of the
Tribal Council to remove an officer or member of the Comanche
Business Committee from office for neglect of duty or conduct
that has brought disrepute upon the tribe.
C. To request the Tribal Chairman to call a Special Meeting of the
Tribal Council to consider submitting Amendments to the
Constitution to the voters of the tribe.
Section 2 GENERAL PROVISIONS
A. Applications for Petitions: Only petitions utilizing forms prescribed by this ordinance shall be recognized as official petitions allowable for consideration under the provisions of the Comanche Tribal Constitution.
1. Petition initiator(s) shall obtain the petition application from the
Comanche Tribal Enrollment Office. All Petition initiator(s)
must utilize the forms authorized by this Ordinance.
2. Petition initiator(s) will be allowed five (5) working days to
return completed petition application to the Comanche Tribal
3. The Enrollment Director will, within two (2) workings days,
notify in writing each officer and member of the Comanche
Business Committee that a petition application has been
. received, stating the date, purpose, and name of the initiator(s).
4. Upon receipt of completed application, the Enrollment Director
shall assign each application a number with the first application received in a calendar year to be identified as
Number 1, followed by the Year, and with successive application in numerical sequence followed by the year, i.e 01-2001; 02-2001; 03-2001, etc.
5. A quantity of official signature forms sufficient in number to
permit two hundred (200), but not more than three hundred
(300) signatures shall be issued to the petition initiator(s). Each page shall be numbered at the bottom in numerical sequence beginning with one (1) through the final number of pages issued for the petition signatures.
6. Each page of the signatures form shall have the petition
number placed in the upper right-hand corner.
7. Petition initiator(s) shall sign a receipt indicating the petition
application number, the number of signature form pages
received, and the DUE DATE for return of the signature forms.
This receipt shall be made a permanent part of the petition record.
8. Should any additional pages of signature forms for any petition
be required, additional pages may be issued upon application by the petition initiator(s) to the Comanche Tribal Enrollment Office, provided that such additional pages shall be identified as additions to the previously identified petition application form and that all such additional pages shall be numbered in sequence, following the last number of the initial signature forms issued. The record of additional signature pages shall be made on a form, a copy of which is attached and identified as Attachment A to this Ordinance.
B. Within two (2) calendar days of the initial issuance of petition signature forms, the Tribal Enrollment Director shall notify, in writing, each officer and member of the Comanche Business Committee that the petition signature forms have been issued.
C. Time allowed to complete petition: The petition initiator(s) shall be allowed ninety (90) calendar days from the receipt of the petition signature forms to collect the required number of signatures as stated in the Comanche Tribe’s Constitution, Article V – Tribal Council. IF THE PETITION, WITH THE REQUIRED NUMBER OF SIGNATURES IS NOT RETURNED TO THE COMANCHE TRIBAL ENROLLMENT OFFICE BY THE DUE DATE, THE PETITION WILL BECOME NULL AND VOID
AND NO FURTHER ACTION WILL BE TAKEN. If this occurs, the Tribal Enrollment Director will notify the petition initiator(s) and each officer and member of the Comanche Business Committee by certified mail within two (2) working days of the expiration of the ninety (90) day period.
D. If a recall petition is being circulated against an office or member of the Comanche Business Committee, no other recall petition shall be issued against the same Business Committee person.
Section 3 PETITION SIGNATURES
A. No more thanone (1) personshall circulate or collect signatures on a page of the petition.
B. Only eligible voters of the Comanche Indian Tribe, as provided in
Article V, Sections 1 and 5 of the Comanche Tribal Constitution, shall be permitted to sign any petition or to be a collector of signatures on any petition.
C. Every person signing the petition shall
1. Print and sign he/she is enrolled under and which is
recorded as the same on the official records maintained at the
Comanche Tribal Enrollment Office. Short forms of proper
names and failure to identify “Sr.”, “Jr.”, or similar identifying
abbreviation atthe end of the full enrollment name shall result
in the name not being counted toward the required number of
2. Provide a post office box number or street address, city, state,
and zip code. Failure to include complete address shall result
in this name not being counted toward the required number of
3. Include the date helshe signed the petition. Failure to include
the date WILL cause this name to be omitted in the count toward the required number of signatures.
D. Each page of the petition must be certified as valid by having the
individual who personally collected the signatures on the page,
before a Notary Public, that he/she personally witnessed each
signature on that page; that the signatures are the signatures of the
individuals whose names appear on the petition; that the signatures
were affixed on the date shown; and that, to the best of the signature collector’s knowledge and belief, the signatures are of and by persons who are eligilble voters of the Comanche Indian Tribe.
E. Any person who has signed a petition may voluntarily withdraw
his/her signature from the petition no later than five (5) working days following the submission of the petition to the Comanche Tribal Enrollment Director. The individual must file an affidavit, witnessed by a Notary Public, requesting that his/her name be withdrawn from the petition. No reason for such request need be stated on the affidavit. The.Comanche Tribal Enrollment Office director shall make legal publication with notice being posted at all tribal offices that the petition is in. And any signer has five (5) working days to remove their name in accordance with this section.
Section 4 RECEIPT OF PETITIONS
A. Completed petitions shall be filed with the Comanche Tribal
Enrollment Office, where they shall be officially registered.
1. Each petition received shall be identified on the record by the
petition number; the person(s) initiating the petition; the date of
receipt; and the apparent number of signatures on the petition.
Each page of the completed petition shall be stamped on its
reverse side with the time and date of receipt.
2. A written receipt shall be prepared by the Director stating that
the initial receipt acknowledges only that the petition has been
delivered and that subsequent actions shall be dependent upon
examination of the petition to ensure full compliance with this
Ordinance. A copy of the receipt shall be made part of the
B. Within two (2) working days of a petition’s receipt, the Director shall notify, in writing, each officer and member of the Comanche
Business Committee of said receipt and the purpose of the petition.
Section 5 VERIFICATION OF SIGNATURES
A. The Comanche Tribal Enrollment Director is responsible for verifying the number of eligible enrolled voting members of the Comanche Indian Tribe who have signed the petition. The Director shall review the signatures for:
1. Duplicate names: In the case of duplicate names, only one (1)
shall be counted.
2. Names of persons who are not eligible Comanche tribal voters:
Names so identified shall not.be counted.
3. Illegible signatures: Such names shall not be counted.
4. Incomplete addresses: Name with incomplete addresses shall
not be counted.
B. The Director shall’, within ten (10) working days after receipt of the completed petition, furnish a notarized Certification Statement by Certified Mail, to each officer and member of the Comanche
Business Committee, and to the petition initiator(s) stating:
1. The number of duplicate signatures,
2. The number of signatures by persons who are not eligible
Comanche tribal voters,
3. The number of illegible signatures,
4. The number of incomplete addresses,
5. The number of names voluntarily withdrawn from the petition,
6. A listing of matters, if any, concerning signatures which cannot
be resolved by the Director, and
7. the number of signatures determined to be eligible, not including any signatures which cannot be resolved by the Director.
C. The Comanche Business Committee has final authority for ensuring that all provisions of this Ordinance have been complied with. Any non-compliance with any provisions of this ordinance shall cause the petition to be rendered null and void by the Committee.
1. The Comanche Business Committee shall, by majority vote at a
Special Meeting called solely for this purpose, decide on any
matter concerning signatures which cannot be resolved by the
Comanche Tribal Enrollment Director, and
2. Decide the petition’s validity, that is, whether it does (or does
not) comply with all provisions of this ordinance.
D. The Tribal Enrollment Director shall, within three (3) working days from the date of the Comanche Business Committee’s decision, notify by Certified Mail the following persons of the Committee’s decision the validity of the petition; The petition initiator(s), The Tribal Chairman, and,
E. In the instance of petitions requesting the calling of a Special Meeting of the Tribal CounCil, and in the instance of petitions proposing amendments to the Comanche Tribal Constitution, to the
Superintendent of the Anadarko Agency, Bureau of Indian Affairs.
F. Within three (3) working days after the Comanche Business
Committee’s decision that a petition is valid, all documentation will be forward to the Tribal Chairman for appropriate action in accordance with this Ordinance and the Comanche Tribal Constitution.
G. In the event the Comanche Business Committee finds that a petition does not meet all the requirements of this Ordinance, the Comanche Tribal Enrollment Director shall, within three (3) working days, so notify the petition initiator(s) by Certified Mail.
Section 6 SPECIAL TRIBAL COUNCIL MEETING – RECALL
Upon receipt of notification of the Comanche Business Committee’s
vote declaring a petition to be valid, the Tribal Chairman shall, within thirty (30) calendar days of said receipt, call a Special Tribal Council Meeting solely for the purpose of obtaining a decision on the
A. The Special Tribal Council Meeting shall proceed in the following
1. The Tribal Chairman shall preside at the Special Tribal Council
meeting, unless the petition involves the Tribal Chairman, in
which case the Vice-Chairman shall preside. In the absence of
the Vice-Chairman, the Secretary-Treasurer shall preside .
2. No other business shall be conducted at this Special Tribal
3. The petition initiator(s), represented by one Spokesperson
only, shall present their case, setting forth the elements of
neglect or misconduct against the accused. Documentation in
support of these allegations may be presented to the presiding
officer for the record, if desired.
4. The person being accused shall, in person or presented by
Counsel, be given the opportunity to respond to the·
allegations. Documentation or other evidence to support
his/her case may be presented to the presiding officer for the
record, if desired.
5. Upon completion of these two presentations, no further
discussion shall be allowed. Voting shall proceed immediately
in the manner prescribed in Article V, Section 5 of the
Comanche Tribal Constitution. If the Chairman rules that
voting is to be by ballot, the Election Board shall distribute
ballots, in the form shown below, to eligible voting Comanche
tribal members in attendance.
__ Yes, I want to recall (name of accused)
__ No, I do not want to recall (name of accused)
6. A majority vote of those voting shall be sufficient to recall or
not to recall. Should a quorum not be present and voting, the
charges against the accused shall be dropped, and the petition
shall be declared null and void.
Section 7 SPECIAL TRIBAL COUNCIL MEETING – OTHER
A. Upon receipt of notification of the Comanche Business Committee’s vote declaring a petition to be valid, the Tribal Chairman shall, within thirty (30) calendar days of said receipt, call a Special Tribal Council Meeting, setting forth the purpose of the meeting consistent with Article V, Section 3 ( c) of the Comanche tribal Constitution.
B. At the Special Tribal Council Meeting, the Tribal Chairman shall
present the purpose of the meeting and shall allow tribal members to present their views on the issues involved.
C. No other business shall be conducted at this Special Meeting and
voting shall proceed in the manner prescribed in Article V, Section 5
of the Comanche Tribal Constitution. If the Chairman rules that
voting is to be by ballot, the Election Board, shall distribute ballots,
which reflect a “Yes” or “no” vote.
D. A majority vote of those voting shall determine whether the issue
passes or is defeated. Should a quorum not be present and voting,
the topic shall be closed. If the issue passes and consists of
proposed amendments to the Comanche Tribal Constitution, the
results, in the form of a Resolution by the Comanche Tribal Council,
shall be forwarded, within five (5) working days to the Superintendent, Anadarko Agency, Bureau of Indian Affairs for
review and action.