Wednesday, April 1, 2009

PETITIONS

Recently, Mohegan Tribal Members made a petition to rescind Ordinance 2009-24, the Freedom of Information Ordinance. Supposedly, the Wuskuso never mentioned the petition.

The Mohegan Tribal Council's response was not to allow, this bad law (nick named the Restriction of Information Ordinance) to go, for a vote by the entire tribe. The Tribal Council killed (rescinded) Ordinance 2009-24.. It looks like, the Tribal Council never wanted the tribal membership to decide if they wanted the law or not . The Tribal Council took away the power, that the petition gave the tribal members who signed the petition to bring a bad law up, for a vote by the membership.

Last week, within the seven (7) day period 40 tribal members again signed a petition, in response to the Tribal Council's cancelling Ordinance 2009-24. This time the petition was to enact a Freedom of Information Ordinance of their own. This has never been done before. Other petitions have been done to rescind ordinances, never to enact an ordinance.

In my opinion, the Mohegan Constitution provides for the enactment of an ordinance by petition under Article XII -Article to Petition, Section 1...:"The members of The Tribe reserve to themselves the power to propose ordinances and resolutions and to enact or reject the same at the polls independent of the Tribal Council upon petition of thirty-five (35) of the registered votes within seven (7) days of such action.." Notice the phase "TO ENACT."

Two different petitions and I believe not one mention of either petition in the Wuskuso. How come?

I believe, that even though the Election Committee accepted the petition, that they will not send it forward because of the Law on Petitions. I believe, it will not be sent to the Tribal Council, who then would then be mandated to be send out to the membership, the proposed ordinance.. The Tribal Council would have 60 days, to send it out for a vote by the membership. This is what the Mohegan Constitution proclaims must be done. The Election Committee will have to abide by the Election law which specifies 40% of the eligible voters of the tribe to sign the petition. It appears, the Constitution says one thing and the law says something completely different.

Could a court case be coming? Should the Mohegan Tribal Council fix a law that clearly violates the constitution? Why isn't the Tribal Council doing the will of the people? How come the Wuskuso, supposedly, never mentioned the petitions? Do you know? What do you think/

Editorial Footnote: I have been informed that the Tribal Council passed a new Freedom of Information Ordinance on Wednesday, April 1, 2009 The vote was 8 to 1. Eight in favor and one against. Who do you think voted against the new ordinance? Is it another bad law?

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