Petitions from 2004 recall effort invalidated

Observer Staff

7/5/2005 12:00:00 AM

A year-old recall effort that targeted four Executive Tribal Council members has been invalidated after it was determined the petitions did not have enough valid signatures.

The removal petitions-originally submitted to the Tribal Clerk on March 8, 2004-were finally delivered to Tribal Council after Saginaw Chippewa Tribal Court Chief Judge Joseph Martin issued an order mandating the action take place by June 2.

The order stems from a Saginaw Chippewa Tribal Appellate Court ruling on April 26 by Associate Justice Michael Petoskey who remanded the case back to the community court for review.

In his ruling, Petoskey affirmed Tribal Council has the right to review the petitions for valid signatures. At the time the petitions were submitted to the Tribal Clerk's Office for verification, Tribal Council never physically received them. In a March 26, 2004 letter, Tribal Clerk Darryl Jackson stated he feared retribution for himself and the members who signed the petitions.

Upon a June 16 review of the petitions, Tribal Council voted to invalidate each of the removal petitions and to overrule the prior determination of the Tribal Clerk due to an inadequate number of valid signatures. At the time the petitions were validated by the Tribal Clerk on March 19, 2004, it was determined they each needed 215 valid signatures for the recall effort to proceed.

The following findings were made on the respective petitions:

-Chief Audrey Falcon: Petition contained 271 signatures, with 143 found to be invalid, leaving 128.

-Sub-Chief Bernie Sprague: Petition contained 287 signatures, with 166 determined to be invalid, leaving 121.

-Treasurer Charmaine Benz: Petition contained 287 signatures, with 170 invalidated, leaving 117.

-Secretary Ruth Moses: Petitions contained 290 signatures, with 167 found invalid, leaving 123.

The petitions were reviewed by District 1 Tribal Council Representative Fred Cantu and District 3 Tribal Council Representative Michele Stanley who stated they found, "double or even triple signatures," as well as signatures from members who were not registered to vote or listed incorrect addresses.

Ordinance No. 4-which governs Tribal elections-has several requirements for the following information handwritten in ink by each petitioner. That includes the printed name of the petitioner; their signature; the date they signed the petition; their Tribal membership number and the residential address of the petitioner. A post office box number is not valid as a residential address.

Tribal Council's determination paralleled an April 28 decision regarding five recall petitions submitted to the Tribal Clerk on April 15. During its review, Tribal Council determined that the Tribal Clerk improperly counted many signatures that were not in compliance with the requirements of Ordinance No. 4.