Petition to the MIC Council
to apply Due Process
By Steven G. Booth
March 22, 2008
A Petition to the MIC Council to apply Due Process states: We,
the undersigned Members of the Metlakatla Indian Community (MIC),
do hereby in signing this petition affirm that every Member should
have a basic right to due process of MIC laws and procedures
when faced with charges against us in MIC remedial forums. When
MIC Council violated Mayor John A. Scudero, Jr. s due process
rights on February 6, 2008, the Council set (or continued to
set) a precedent for the type of treatment any Member can expect
at all MIC remedial forums, including tribal government.
We take notice that at an Open Meeting on February 6, 2008, the
MIC Council failed to comply with the MIC Constitution and By-Laws,
interpreted by MIC Council Procedures when removing Mayor Scudero.
The Council violated Mayor Scudero s due process rights by:
1. Failing to follow standard procedures when calling an Open
2. Failing to provide Mayor Scudero and voting Members with reasonable
notice of the Open Meeting that removing the Mayor was on the
3. Failing to provide Mayor Scudero with sufficient evidence
that he was unworthy to serve as Mayor through neglect of duty
or gross misconduct; &
4. Failing to provide Mayor Scudero an opportunity to be heard;
5. Commanding Mayor Scudero be escorted out of the very meeting
where he would be the subject of the motion to remove him.
We believe that by failing to follow MIC laws and procedures,
the Council effectively took away our voting rights to elect
a Mayor of our choice by abruptly removing the Mayor a mere 20
days after being sworn in as MIC s rightful Mayor. Consequently,
the Council continued these violations on March 13, 2008, by
picking a Mayor of Council s choice until 2010 This violation
sets another precedent of Council abusing its delegated authority
under the MIC Constitution.
We would like all Members to enjoy the benefits of existing in
a fair and equitable Tribal Sovereign. We do not, therefore,
acknowledge the illegal actions taken against Mayor Scudero by
Council on February 6, 2008. We, the Members, affirm Mayor Scudero
as our duly elected Mayor, and demand Council to rescind its
actions on February 6, 2008, and on March 13, 2008, and apply
Members who want to sign this petition can visit:
Steven G. Booth
citizen, Metlakatla Indian Community Members Rights Organization"
Received March 21, 2008 - Published
March 22, 2008
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