Unconstitutional Recalls!

Six Recall Petitions were taken out and circulated by Eleanor McDaniel against every Business Committee member, except Chairman Wauqua.  The Comanche Petition Ordinance requires a special meeting of the Business Committee to validate any petition prior to the Chairman calling a Recall Meeting of the Tribal Council.  Chairman Wauqua set six Tribal Council Recall meetings (three on April 19 and three on April 26) before the special Business Committee petition validation meeting.  This was out of order.  The Business Committee declared each of the six petitions invalid on April 14, 2012. 

Chairman Wauqua presided over three illegally convened Recall Meetings on April 19.  Those attending voted to recall three Business Committee members.  If valid, this action crippled the Comanche Nation government by eliminating the possibility of having a quorum of five Business Committee members to conduct business.

At the annual Tribal Council meeting on April 21, 2012, Chairman Wauqua was nominated to be hired as the Tribal Administrator.  Of 492 members voting, Mr. Wauqua received the 226 votes (46%) and Mr. Komacheet received next highest number with 160 votes (35%).  After Chairman Wauqua announced he had been hired on the plurality vote, he continued to chair the meeting and denied two separate motions to hold a run-off selection vote for the Administrator position.  

Article V § 9 of the Constitution states the Tribal Council "hires" the Tribal Administrator, the Business Committee supervises the Administrator, and that "members of the Business Committee shall not be an employee of the tribal government."  The Tribal Administrator is not an elected office created by the Constitution.  The Administrator is an "employee" of the tribal government supervised by the Business Committee.  The Constitution expressly forbids Mr. Wauqua from serving as both Tribal Administrator and Chairman at the same time.  When Mr. Wauqua accepted the Tribal Administrator position, the Constitution made his office as Chairman vacant, as though he was recalled on April 21.

Mr. Wauqua presided over the three illegally convened Recall Meetings held on April 26 after the Constitution made his office vacant.  Those attending the meeting voted to recall three more Business Committee members.  If valid, this action destroyed the Comanche Nation government. 

After having accepted and assumed the Tribal Administrator position on April 21, Mr. Wauqua maintains he is still the Chairman until a successor is elected.  Immediately prior to convening the recall meeting April 26, Mr. Wauqua stated multiple times that he was the Chairman and had also assumed the duties of Tribal Administrator.  Thus, he declared himself to be serving as a CBC member and employee, simultaneously, in direct violation of the Constitution.  Mr. Wauqua acting as Chairman has now declared a former employee, Willie Owens, is the Tribal Administrator, contrary to the vote of the Tribal Council April 21.  However, Willie Owens was not nominated for Administrator on April 21 and his employment as Administrator ended on April 21 when the Tribal Council hired Mr. Wauqua.  Again, the Constitution places the hiring of Tribal Administrator in the hands of the Tribal Council, and forbids the assumption of dual roles. .

As a result of this unconstitutional assumption of power by Mr. Wauqua, he has consolidated and exerted authority over the Comanche Nation Law Enforcement, the Comanche Nation Election Board, the Comanche Enrollment Department, and the Comanche IT Department.  He has assumed physical control over the Comanche Nation Complex and may be attempting to access bank accounts and order payment of tribal funds without proper authority.  Tribal programs, tribal funds, and the enforcement of law and order within the Tribe's jurisdiction have been compromised.