KIC Election Rules/ By-laws
By Elroy Edenshaw
January 31, 2006
This is an open letter to the newly elected KIC Tribal Council members
and my opinion of KIC election rules and opinion of current By-Laws
for the KIC Health Board.
First I like to welcome the
newly elected Tribal council members and our Newly elected Tribal
Council President. I will be looking forward to your views and
your ability to uphold your integrity to policy and policy making
powers for the KIC membership during your term of Tribal
Council member. And as a Tribal Council member one of the most
important aspect of pubic servitude. Is the ability to hear the
voices of the membership you were elected to serve. And understand
that integrity applies to one's own ability to have a steadfast
adherence to a strict moral or ethical code.
With that said. I would like
to pose a question relating to current Health Board by-laws relating
to how a vacancy on the health board is filled. Remember this
rule... When, interpretation applies, and when
there are two ordinances that address a specific topic.
The ordinance which has the stronger interpretation shall apply
and give interpretation.
Under current by-laws for the KIC Health Board for filling
a vacancy. Which were changed right before/during KIC election
and no public notice of change to the KIC Health Board Make
up or By-Laws was given to the membership. Why, is this important
because this action resulted in changing election process to
the Health Board. The only seat open was for a one year term
instead of the two year term and/or no election for filling the
vacant seat. What happen was that a board member that was elected
for a one year term during the 2005 KIC election then was
seated as officer/board member for the Health Board for
additional year (2006) with out a proper election by the membership.
This is bad policy making or lack of following policy. And
is a direct violation to the KIC Constitution Article III- The
governing Body Sect.3 Vacancies may be filled by the Council
but only pending the next meeting of the Organization (annual
election), when a new member shall be elected to fill the unexpired
term. Also, Article V-Powers Section 1, The council shall exercise
the following powers, subject to any limitations imposed by the
statutes or Constitution of the United States and subject further
to all express restriction upon such powers contained in this
constitution. Article V-Powers sect.1 Rule(h) To provide
for filling vacancies in office consistent with this Constitution.
What I just said... Is the current Health Board policy regarding
vacancy's violates the KIC Constitution. And KIC membership was
denied the right to a proper election-relating to the Health
Board election 2005. I not only based this opinion on KIC Constitution
but, also the Council policy that was voted during the 2005 election
because interpretation is important. Council Policy-07.01 the
vacancy shall be filled by a Quorum of the Council at the next
"Regular meeting of the Council, but only pending the next
Annual Election of the Ketchikan Indian Corporation, when a new
member shall be elected by the Adult tribal membership of the
tribe to fill the unexpired term. Also, I am sure other
tribes have similar policy relating to vacancies.
No matter what you think of my opinion, it does not change the
fact that KIC needs to change/review there election policy/rules
for future generations. And as a government. KIC needs
to address this process before next year. And the scope of proper
election process implies many rules. For all parties involved
"membership, employees, current board members and candidates"
All relating to conduct and ethics and integrity to follow
an election process. As far as resolve to my
question by Tribal Council- what you do is your decision.
Elroy C. Edenshaw Jr.
Ketchikan, AK - USA
About: Elroy C. Edenshaw Jr.
is a Ketchikan Indian Community member.
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