Metcalf v. Coquille Indian Tribe Election Board, (2009)

• Court: Coquille Indian Tribal Court
• Writing for the Court: DON OWEN COSTELLO, CHIEF JUDGE
• Decision Date: 10 September 2009
• Docket Number: A09-04
• Citation: Metcalf v. Coquille Indian Tribe Election Board (Coquille Indian Tribal Ct. 2009)
• Parties: BRADY CHRISTIAN METCALF, PETITIONER-APPELLANT, v. COQUILLE INDIAN TRIBE ELECTION BOARD, RESPONDENT-APPELLEE.

BRADY CHRISTIAN METCALF, PETITIONER-APPELLANT, v. COQUILLE INDIAN TRIBE ELECTION BOARD, RESPONDENT-APPELLEE.

No. A09-04

Coquille Indian Tribal Court

September 10, 2009

OPINION AND ORDER

DON OWEN COSTELLO, CHIEF JUDGE

Mr Metcalf appeals the October 29, 2008 administrative deicsion of the Coquille Indian Tribe Election Board (Election Board) denying his challenge to the October 2008 Tribal election results. The court exercises appellant jurisdiction pursuant to CITC Chapter 194.160(4)(C) as amended August 6, 2008 and affirms.^[1]

"The court shall apply the standard of 'arbitrary and capricious' in its evaluation of a decision of the Election Board appealed under this section." CITC 194.160(4)(C). "Arbitrary" means "***dependent on will or pleausre *** unrestrained in the exercise of will or authority ***" and "capricious" means "*** readily swayed by whim or fancy, inconstant". Shorter Oxford English Dictionary (Fifth Edition) on CD-Rom Version 2.0. The court is to interpret the term "arbitrary and capricious" narrowly without substituting its judgment for that of the Election Board. Humane Society of the United States v. Gutierrez, 558 F.3d 896 (9th Cir.). The Election Board decision that is the subject of this appeal is attached as Appendix A. It and the processes it describes comport with the Tribe's law it cites. Excluding the referendum petition from the Tribal mailing of Mr. Metcalf's candidacy materials was not "dependent on will or pleasure" "unrestrained" or "fancy". To the contrary, it was reasoned. It complied with Tribal constitutional provisions creating one procedure for referendum, Const. Art. IV § 2, and another for election. Const. Art. V. Not all voters who would support a legislative referendum would necessarily vote for Mr. Metcalf for Tribal Council, and vice versa. The October 2008 election was for the election of Tribal Council officers and not for referendum. It would have been folly not to have excluded the referendum materials from the Tribal election mailing.

Mr. Metcalf admits, "I do not question the legality of the actions taken." July 19, 2009 Brief at 3. Nonetheless, he asks this court to overturn Election Board's decision. He does so not on the bais of the law, but in accordance with his personal views on what is "right". Id. at 3. The court declines to do so.

For the above-stated reasons, the court affirms Election Board's October 29, 2008 decision denying Mr. Metcalf's challenge to the October 2008 Tribal election.

IT IS SO ORDERED.

Dated this 10th day of September, 200.

APPENDIX A TO OPINION AND ORDER

COQUILLE INDIAN TRIBE P.O. Box 783 * 3050 Tremont * North Bend, OR 97459 * Telephone 541-756-0904 * FAX 541-756-0847

Election Board Response to Challenge to Election Results Filed by Brady Metcalf

On October 29, 2008, at 10:45 a.m., the Election Board, consisting of Linda Robertson, Jonathon Ivy, and Julie Chouquette, met to consider the written challenge to the 2008 Election results filed by Brady Metcalf and received by the Election Board on October 28, 2008. Alternate Toni Robbins was also present.

The written complaint is attached. A summary of the complaint is as follows:

Appellant argues that the implementation of Election Rule 08-01 midway through the 2008 election was prejudicial to the results of the 2008 election, and negatively affected the appellant's campaign.

Election Rule 08-01 states the following:

Each candidate for election is entitled to submit materials for the Voter Information Pamphlet that is mailed to all General Council Members. The materials submitted may include a resume and cover letter. Each candidate shall be limited to a total submission of four pages in a minimum of ten point font. The Election Board reserves the right to determined the appropriateness of materials submitted.

Findings of Election Board

1. The Election Board, pursuant to Coquille Indian Tribal Code Chapter 194, has the authority to make and enforce such rules as they find necessary to provide for fair and efficient elections under this ordinance. Rules promulgated by the Election Board shall be in writing and shall be adopted by a majority vote of the Board. These fules must then be submitted to the Tribal Council along with a written explanation for the need of the rule. The Tribal Council may choose to use this information for the purpose of amending this ordinance to include that rule. CITC 194.120(6).

2. The Election Board passed Election Rule 08-01 on September 10, 2008.

3. Election Rule 08-01 was presented to Tribal Council on September 11, 2008, as required by the Elections Ordinance, Coquille Indian Tribal Code Chapter 194.

4. Election Rule 08-01 was applied evenhandedly to all candidates running for Tribal Council office in 2008.

5. Brady Metcalf submitted materials for the Tribal...