Sundberg, Joy v. Acting Sacramento Area Director, 18 IBIA 207 (1990)

• Court: Interior Board of Indian Appeals

Appeal from a decision of the Acting Sacramento Area Director finding that a meeting of the Cher-Ae Heights Indian Community of the Trinidad Rancheria was invalid.

Appeal dismissed in part; decision affirmed.

1. Indians: Tribal Government: Generally

The Bureau of Indian Affairs properly declines to recognize actions taken at a tribal meeting at which a quorum is not present.

Appellant Joy Sundberg challenges a June 14, 1989, decision of the Acting Sacramento Area Director, Bureau of Indian Affairs (Area Director; BIA), finding that a January 26, 1989, meeting of the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Tribe) was invalid. For the reasons discussed below, the Board dismisses this appeal in part and affirms the Area Director's decision.

Background

The Tribe is organized under Articles of Association adopted on April 8, 1961, approved by the Acting Commissioner of Indian Affairs on June 6, 1961, and amended on January 22, 1988. 1/ Article 4 provides that the governing body of the Tribe is the Community Council, consisting of all members 18 years of age or over, and further provides for a five-member Business Committee "[t]o implement [the Community Council's] governing powers."

_____________________________ 1/ The amendments were apparently approved by BIA on Apr. 18, 1988, although no record of the approval appears in the administrative record.

IBIA 89-79-A

At a meeting held on December 17, 1988, the Community Council adopted a membership ordinance under Article 3.D of the Articles of Association. 2/ At the same meeting, the Community Council authorized the Business Committee to establish and implement a "verification of membership" procedure for the purpose of compiling a list of members eligible to vote in an election required by section 11(b) of the Hoopa-Yurok Settlement Act, 25 U.S.C. § 1300i-10(b) (1988). 3/ On January 3, 1989, the tribal Vice Chairperson submitted to the Superintendent, Northern California Agency, BIA, a list of 38 eligible voters of the Tribe, prepared under this procedure. 4/

By petition dated January 15, 1989, 27 individuals identifying themselves as members of the Tribe called a special meeting of the Community Council to be held on January 26, 1989. 5/ Thirty individuals signed the registration sheet at the meeting. The group attending the meeting voted to adopt an ordinance rescinding the December 17, 1988, membership ordinance. The group also adopted six resolutions: (1) a resolution appointing a Tribal Rights Ad-Hoc Committee to attempt to resolve the "illegal disenfranchisement of voters"; (2) a resolution affirming a tribal land assignment to William Crutchfield, Sr.; (3) a resolution restoring voting rights to individuals whose membership was not verified by the Business Committee;

______________________________ 2/ The ordinance was approved by the Area Director on Jan. 24, 1989.

3/ 25 U.S.C. § 1300i-10(b) provides:

"If a majority of the adult members of any of the following Rancherias at Resighini, Trinidad, or Big Lagoon, vote to merge with the Yurok Tribe in an election which shall be conducted by the Secretary within ninety days after October 31, 1988, the tribes and reservations of those rancherias so voting shall be extinguished and the lands and members of such reservations shall be part of the Yurok Reservation with the unallotted trust land therein held in trust by the United States for the Yurok Tribe."

4/ The Business Committee denied 18 applications for membership. These 18 individuals were permitted to cast "conditional ballots" in the merger election, because appeal procedures concerning the membership determinations were not completed in time for the election. BIA stated that, for purposes of the merger election only, it would review final membership determinations made by the Tribe.

The merger election was conducted by mail. Ballots from the 38 confirmed members were due on or before Jan. 27, 1989. The deadline for conditional ballots was extended until Feb. 13, 1989. The record does not reflect the outcome of the election.

5/ Article 8 of the Articles of Association provides:

"The Community Council shall hold regular meetings in January, April, July, and October on dates designated by the Business Committee. A special meeting of the Community Council may be called by the Business Committee or by a petition signed by at least thirty percent (30%) of the eligible voters. No business shall be conducted in a Community Council meeting unless at least fifty-one percent (51%) of the members are present. All official Community Council meetings shall be publicly advertised for at least ten (10) days in advance."

IBIA 89-79-A

(4) a resolution terminating the employment of the tribal attorney; (5) a resolution requesting BIA to assist in a tribal election to recall the Business Committee; and (6) a resolution extending the deadline for submission of membership applications by 14 days from January 26. Twenty-nine individuals signed a petition seeking recall of the Business Committee.

Appellant, signing herself as Chairman, Trinidad Rancheria Tribal Rights Ad-Hoc Committee, submitted the resolutions to...