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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 real estate in breckenridge colorado 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 Colorado Mountain 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 and Breckenridge Colorado. 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.