Ransom v. Babbitt
| Citation | 69 F.Supp.2d 141 |
| Decision Date | 30 September 1999 |
| Docket Number | No. CIV.A. 98-1422(CKK).,CIV.A. 98-1422(CKK). |
| Parties | Chief Alma RANSOM, Chief Hilda Smoke, and Chief Paul Thompson Plaintiffs, v. Bruce BABBITT, et al., Defendants. |
| Court | U.S. District Court — District of Columbia |
Bradley Stuart Waterman, Peter Bushfield Work, Crowell & Moring, L.L.P., Washington, D.C., for Plaintiff.
Lisa Barsoomian, Mark Nagle, United States Attorney's Office, Washington, D.C., John H. Harrington, U.S. Dept. of the Interior, Office of the Solicitor, Atlanta, GA, for Defendant.
In 1995, for the first time in almost 200 years, the Saint Regis Mohawk Tribe exchanged their Three Chief System of government for a constitutional one composed of three branches. The process by which this exchange took place, and the Tribe's subsequent attempts to revoke that constitutional system and to reinstate the former governing structure, provide the material for this lawsuit.
Plaintiffs invoke this Court's jurisdiction pursuant to 5 U.S.C. § 551 et seq. (the "Administrative Procedure Act" or "APA"), and 28 U.S.C. §§ 1331 and 1361. Plaintiffs, Chiefs Alma Ransom, Hilda Smoke and Paul Thompson, assert that they comprise the Three Chief System Tribal Council, the governing body of the Saint Regis Mohawk Tribe ("the Tribe"). Defendants are all agents of the federal government responsible for conducting relations with Indian nations located within the United States. In Plaintiffs' view, Defendants Bureau of Indian Affairs ("BIA" or the "Bureau") and the Interior Board of Indian Appeals ("IBIA") have acted contrary to federal law and in an arbitrary and capricious manner in failing to recognize the Three Chief System Tribal Council as the legitimate government of the Saint Regis Mohawk Tribe.
Before the Court are three motions: Plaintiffs' Motion for Summary Judgment, Defendants' Motion for Summary Judgment, and Defendants' Motion for Leave to File an Amended Answer. After careful review of the record and the parties' briefs, the Court grants Plaintiffs' Motion and denies both of Defendants' Motions. The Court finds that Defendants acted arbitrarily, capriciously, and contrary to law in refusing to review for themselves the intensely disputed tribal procedures surrounding the adoption of a tribal constitution, in crediting unreasonable decisions of a seemingly invalid tribal court, and in refusing to grant official recognition to the clear will of the Tribe's people with regard to their government. Moreover, the Court finds untimely and unpersuasive Defendants' belated attempt to amend their answer, initiated only at the final stages of briefing in this case.
At the heart of this case is the Saint Regis Mohawk Tribe's right to self-determination, and the obligation borne by the federal government to recognize that self-determination. From 1802 until 1995, when the disputed circumstances arose, the Tribe operated under a Three Chief System of government whereby three Chiefs, elected by Mohawk voters, together acted as the Tribe's governing body for staggered, three-year terms. See Compl. ¶ 12; Pl's Mot. Summ. J. at 4.
The events animating this litigation began on June 3, 1995, when the Tribe conducted a referendum election to determine whether it would adopt a Tribal Constitution creating three branches of tribal government (executive, judicial, and legislative), and supplanting the Three Chief System. This Constitution provided for its own adoption "upon certification that fifty-one (51%) of those present and voting in the referendum called on June 03, 1995 have voted in favor of adopting the Constitution of the Saint Regis Mohawk Tribe." Administrative Record ("A.R.") at vol. I, tab 3 (Draft Tribal Constitution, Art. XIX). On June 6, 1995, witnessed by the then-presiding Three Chiefs, the Tribal Clerk Carol T. Herne certified that 463 out of 909 valid ballots supported the ratification of the constitution — a total of 50.935093% of the vote.1 See A.R. at vol. I, tab 5.
Although extremely close, the results of this referendum election suggested that the Tribal Constitution question failed. Yet shortly following the vote, the Tribal Clerk certified, and the Three Chiefs witnessed, that "a majority of those present and casting valid ballots voted in favor of adopting the tribal constitution....." Id. She further certified "that the proposed tribal constitution is adopted by a majority of the Mohawk people." Id. The critical, though barely perceptible, difference between the actual results of the referendum election and the requisite 51% set in motion several years of tribal division, a deprivation of services to the Saint Regis Mohawk people, and ultimately this civil action.
After certifying both the referendum results and the adoption of the Tribal Constitution, the existing Chiefs proceeded to govern as the Tribal Legislative Council under a constitutional structure. See Compl. ¶ 13. The dubious circumstances surrounding the adoption of the Constitution, however, occasioned persistent debate within the Tribe over the ensuing months. See id. ¶ 14. Hence, on May 23, 1996, in response to a petition signed by at least 20% of the Tribe's eligible voters requesting it to do so, the new Legislative Council added a referendum question to the ballot for the June 1, 1996 election of Tribal officers under the putative new Constitution. See A.R. at vol. I, tab 10. Recognizing that "questions have been raised as to the proper adoption procedure" of the Constitution, the Council appended to the ballot the question, "Is the Tribal Constitution of the Saint Regis Mohawk Tribe valid?" Id.; See also Pl.'s Stmt. Mat. Facts ("108(h) Stmt.").
The results of this ballot question decisively repudiated the Three Chiefs' certification that the constitution was adopted— 651 votes indicating that the Constitution was invalid, against 339 votes indicating that the Tribe properly adopted the Constitution. See A.R. at vol. I, tab 11. In response to the ballot question and to continuing strife within the Tribe, on June 10, 1996 Tribal leaders acting as the Legislative Council passed Tribal Council Resolution ("TCR") 96-84, rescinding the erroneous certification of the Constitution, confirming that the Tribe had rejected the proposed Constitution, and reverting tribal governance to the Three Chiefs System. See A.R. at vol. I, tab 11; Pls.' 108(h) Stmt. ¶ 11. The same day, the Tribal Council also approved TCR 96-85, in which it called "a referendum to be conducted on June 15, 1996," and in which it "agree[d] to abide by the results of the same," posing the question, "Do you favor continuing with our present elected officials?" A.R. at vol. I, tab 13.
This so-called "clean slate" referendum question, a further response by the Tribal Council to the ongoing discord within the Tribe that ensued from the disputed certification of the Constitution, proposed two possible courses of action depending upon the outcome of the referendum. If the Tribe voted to retain the current officials, then these would remain as the Three Chief System Tribal Council. See id. If the Tribe voted for a clean slate of officials, it would hold a nominating caucus on June 22, 1996 with elections on June 29, 1996. See id. The referendum resulted in clean slate elections, with 481 votes in favor of new elections, and 194 votes in favor of retaining the existing Tribal Council. See A.R. at vol. I, tab 15; Compl. ¶¶ 16-17.
Following the nomination caucus, the Tribe held elections on June 29, 1996. The Tribe selected as its Three Chiefs System Tribal Council Chiefs Alma Ransom, Hilda Smoke and Paul O. Thompson, Plaintiffs in this case, along with Sub-Chiefs Barbara Lazore, Bryan Garrow and John Bigtree, Jr. See Pls.' Mot. Summ. J., Ex. 8. After the election, Chiefs Ransom, Smoke, and Thompson (the "Three Chiefs Government") contacted the BIA in order to have the Bureau recognize them as the newly elected government of the Tribe. See Compl. ¶ 19. But the BIA, through Defendant Franklin Keel, then the Acting Eastern Area Director, declined to recognize the Three Chiefs Government. Instead, the agency indicated that it considered the incumbent members of the Tribal government, the Tribal Council envisioned by the putative Constitution, to comprise the rightfully governing body of the Tribe.
The recognized leaders of the tribe [elected on June 1, 1996] are as follows: Edward Smoke — chief and CEO; Carol Herne—tribal clerk; Rosalie Jacobs— vice chief; Philip Tarbell — tribal council member; Hilda Smoke — tribal council member; Alan White — tribal council member; Doug Smoke — tribal council member; and Carol Ross — tribal council member. Only the aforementioned persons are recognized as possessing authority to represent the tribe in government-to-government relations with the United States.
A.R. at vol. I, tab 34.2
The Bureau based its recognition of the Constitutional Government upon two decisions issued by temporary Judge Christine Z. Deom of the purported Saint Regis Mohawk Tribal Court.3 See id. These opinions, Lazore v. Saint Regis Mohawk Tribal Council, Case No. 96-CI-10080 (June 7, 1996) ("Lazore I"), see A.R. at vol. I, tab 12, and Lazore v. Saint Regis Mohawk Tribal Council, Case No. 96-CI-10080 (July 12, 1996) ("Lazore II"), see A.R. at vol. I, tab 29, affirmed the legitimacy of the Tribal Constitution and called into question all subsequent actions taken to rescind that constitution. In Lazore I, Judge Deom ruled that the referendum questioning the validity of the adopted Constitution was advisory only, and was, moreover, itself unconstitutional.4 See A.R. at vol. 1, tab 12. In response to this ruling, the Tribal Council formally rescinded its certification of the Constitution and reverted to the Three Chiefs System of government. See A.R. at vol. I, tab 11. That rescission provoked Lazore II. In her...
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