Uncasville, Connecticut, September 11, 2009..........Bartha V. Mohegan Tribe of Indians of Connecticut. Where? Mohegan Tribal Court, Mohegan Tribal Government Building, 5 Crow Hill Road, Uncasville, Connecticut. When? Friday, September 11, 2009, at 2:30 P.M.. The Honorable Judge Jane Freeman is presiding.
What is the case about? Mike Bartha (as one of the three sponsors) Petitioned to ENACT an ordinance, which he believes he is entitled to do under the Mohegan Constitution.
The Mohegan Constitution, ARTICLE XII--RIGHT 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 on petition of thirty-five (35) of the registered voters within seven (7) days of such action."
Mr. Bartha, as a sponsor in previous petitions, acted to reject ordinances passed by the Tribal Council and they were accepted by the Election Committee.
After the Tribal Council canceled Freedom of Information Ordinance 2009-24, Mr. Bartha and two (2) other tribal members petitioned to replace the vacant law by petitioning to bring up for a referendum (vote) on the ordinance they were proposing. Notice in the Constitution words to ENACT OR REJECT. The ENACT definitely means something.
The petition had more than thirty five (35) signatures within the seven (7) days, which the Constitution requires. Is it a legal petition?
The Election Committee, based on the Election Ordinance, could not accept the petition, because the law calls for forty (40%) percent of the registered voters to sign A petition TO ENACT an ordinance. A direct conflict exists between the Mohegan Constitution and the Election Ordinance.
This is a very important case to the Mohegan People. It is about the Freedom to Petition, which is guaranteed by the Mohegan Constitution.
The lawyers, representing the tribe (the Mohegan Tribal Council), have filed a Motion to Strike. They want the case stopped. We (the Mohegan Tribe) need this case to be decided by judicial process.
Please come and watch your government in action? What do you think?