According to an independent review, it appears that the meeting called on 12-20-2007 by director's Paquin and Causley and conducted by Vice-chairperson Dennis McKelvie was in violation of the Constitution and Bylaws of the Sault Tribe of Chippewa Indians, Article I, Sec. 2 and 6 and Article II, Section 4.
Violations of the Constitution and Bylaws is, of course. a violation of the laws of the Sault Tribe and cause for removal according to the Tribal Code 16.102 (1). The purpose of the meeting is actually in violation of 16.102 (1 ), (2), and possibly (3).
Eight directors attended this illegal meeting called by Paquin and Causley for the purpose of discussing and setting up the removal of the duly elected Chairman. Actions in the form of Illegal votes were taken during this illegal meeting, according to the Constitution.
As secretary of the BOD, Causley also failed to notify the entire board within the required 5 days (according to Article II, Section 4 of the Bylaws of the Constitution) and therefore is in violation of the laws of our tribe.
Paquin's participation is in violation of Article 1, Section 6 which states that:
No member of the board of directors shall cast a vote on any matter in which the board
determines by a majority vote that said member may have a personal interest in the matter.
It appears that the remaining 7 attending violated this as well by allowing Paquin to vote on the resolutions to remove Payment and retaliating against the chairman for suspending him for his arrest for the physical assault of a women he allegedly attempted to sexually assault.
According to 16.102 (2) of the Tribal Code
Removal of officials elected by tribal members is disfavored and is warranted only in serious circumstances.
Since the purpose for removal are rumored to be for changing the date of a picnic and taking necessary action to protect the rights of Paquin's alleged victim it seems that they are also in violation of the very purpose of the actions they conducted and voted on during their illegal meeting.
There's more....lots more. When there are so many of our tribal laws being violated by several members of the board, it is time for the tribal members to take action. We will follow the constitution, bylaws, and tribal code to the letter in taking the action necessary to correct the wrongs being perpetrated by several members of the board. When the very Board of Directors duly elected by the members fail to uphold the Constitution, Bylaws and Tribal Code they have sworn to do when they took their Oath of Office, it is time to replace them with those that will.
Hoffman with his resolve to investigate, threaten and intimidate those who voice their opinions is in violation of the Sault Tribes Bill of Rights (see below) and the laws which govern our tribe , has given cause for his removal as well....see below.
All members of the Sault Ste. Marie Tribe of Chippewa Indians shall be accorded equal
protection of the law under this constitution. No member shall be denied any of the rights or
guarantees enjoyed by citizens under the Constitution of the United States, including but not
limited to freedom of religion and conscience, freedom of speech, the right to orderly
association or assembly, the right to petition for action or the redress or grievances, and due
process of law. The protection guaranteed to persons by Title II of the Civil Rights Act of
1968 (82 Stat. 77) against actions of an Indian entity in the exercise of its powers of self government shall apply to members of the tribe.
Lynne Weaver
Constitution and bylaws
Removal findings
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