Tribal Council thwarted efforts to address concerns 

March 3, 2010

     The dispute within the Klamath Tribes concerns the validity of actions taken to recall seven Tribal Council members. The basis for this recall began in September 2009 after numerous attempts had been thwarted by the Tribal Council to have tribal business concerns brought before the General Council.

   The Nov. 7 meeting presented the motion to recall the Tribal Council. At the Nov. 21 meeting, that motion was upheld by the majority vote of the General Council. A motion to disallow the recalled Tribal Council from conducting further business on behalf of the Klamath Tribes also passed. Those recalled refused to vacate their positions.

   A civil suit was filed within the Klamath Tribes Court, the correct venue for issues concerning interpretation of our governing documents. Numerous tactics have been utilized by Chairman Joseph Kirk and legal counsel to delay and thwart due process in this case.  

   Judicial position became focus

   Kirk threatened Chief Judge Deborah DuBray with loss of employment and forced her to recuse herself from the case involving the recall. Once recused, Kirk immediately initiated the process to renegotiate Dubray’s contract.

   In the Feb. 13 General Council meeting, Kirk utilized unprofessional and unscrupulous practices in presiding over the meeting. He allowed two motions to come to the floor concerning nullifying the motions and actions taken in the November meetings. They were voted down by majority vote of the General Council.

   When a motion was made to uphold said motions and actions, Kirk refused   to recognize it, until forced to upon appeal of the General Council. He then refused to call for the vote, which when finally called for, passed by majority vote. There were some verbal and physical altercations which occurred within this meeting from both sides.

   Please note that a recalled Tribal Council member chose to initiate a physical altercation on his way out of the meeting. If Kirk had conducted the meeting in a proper manner, this type of behavior could have been avoided.

   To date, recalled Tribal Council members have still refused to step down. Kirk has called in law enforcement on numerous occasions to maintain a presence on tribal property.

   The Tribal Administration Building was closed for several days by Kirk’s order. These actions were taken because he Kirk feared “violence” from the “dissident” faction.  

   To my knowledge, at no time has anyone on the newly formed Tribal Council or those involved in filing the case ever threatened anyone, verbally, physically, nor attempted a violent takeover.

   Kirk has applied various labels to those who oppose him, some of which I feel have been used in an attempt to invalidate our actions. However, I take   pride in being labeled a “dissident,” as that is someone who is willing to publicly disagree with an established political system.

   We choose to invoke our right to be openly and adequately informed and listened to by the Tribal Council on all matters regarding tribal gusiness. We expect the Tribal Council to remember that they are elected by vote of the General Council. As such, the Tribal Council is subservient to the powers of the General Council.

   When the General Council mandates actions, it is the Tribal Council’s responsibility to enact those actions, not disregard them. The final voice of authority within the Klamath Tribes has always been, and hopefully, will always remain in the hands of the General Council.  

   It’s not ‘growing pains’

   Be assured that the issue at hand is that the Tribal Council has acted outside of its prescribed duties, not “growing pains” as Kirk would have people believe.

   I feel compelled to state that I was not present at any of the meetings referred to. Be assured that some of my own tribal members will question my right to be involved.

   I have been inactive within the scenario of tribal government, but in no way did my actions mean that I had given up my right to voice and vote my opinion in Tribal matters. However, I have been educating myself concerning these issues by talking with tribal members, reading pertinent documentation and listening to audio recordings of said meetings. Others who signed the commentary were present at some of these meetings.