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Current recall procedures against Kiowa Business Committee Chairman Don Tofpi are another illustration of Constitutional weakness which allows for misinterpretation and abuse of powers. Recall petitioner Charles 'Buddy' Toyebo personally advanced his appeal to the Kiowa Hearing Board without a public hearing and determination issued by the KBC in violation of step 1 of the process. The KHB accepted his appeal and scheduled a hearing without serving notice to Chairman Tofpi, a violation of step 2 of the process. The KHB, without affording due process to the recallee, advanced the recall charges to the Kiowa Election Board for a ballot vote election, a violation of step 3 of the process. The KEB continued the Constitutional violations by issueing absentee ballots for the recall election without using tribal funding. Would the U.S. Government allow outside funding of any U.S. federal elections, say from North Korea, Iraq, the Taliban, Mexican drug cartels? I think not, and I feel this may be bordering on a criminal violation against Kiowa tribal government. Those entities and individuals party to this mockery of tribal government seem determined to play this out to the end and I encourage those voting to cast a no vote for recall unless you support and condone these numerous violations. The BIA recognizes that this is not a valid election and will not allow KEB use of the Agency as a polling place as in previous legitimate elections.
In addition to the above violations, the appointed term of the previous Kiowa Hearing Board Chair, Helen Poolaw, expired on December 31, 2009 and she has attempted to continue in that position by self-appointment. The Kiowa Constitution clearly states that only the KBC has the authority for appointments to the KHB. The KBC appointed two other tribal members to replace her and another position on the KHB, however, the Kiowa Election Board has refused to administer the oath of office to those appointees in hopes that Poolaw might somehow regain appointment. Conspiracy, collusion? The KBC issued a memo to Mrs. Poolaw reminding her of her term expiration yet she continues in attempts to retain her previously held position on the KHB. The memo also declared to the rest of the KHB that all activities of the KHB since January 1, 2010 wherein Mrs. Poolaw was a participant are null and void, thus also voiding their actions on the Charles Toyebo recall against Chairman Tofpi.
Stay tuned, there'll be much more to come.
"I am not a proponent of immediate, radical change but this is one area of tribal government that needs serious study and input from all constituents of Kiowa tribal government." I agree with you whole-heartedly on this statement, which is why I'm curious about a previous contridictory comment in your blog:"In accordance with an approved ballot vote of the Kiowa Indian Council, a well-planned and well-designed approach by numerous Kiowa members to amend/change/revise/rewrite the constitution..." To call the effort well-planned and well-designed is pretty weak. I was at the KBC meeting where the resoloution was made, before it went to KIC. Once the committee was formed it underwent numerous changes in membership and eventually morphed into a rewrite committee (original intent was to simply incorporate existing amendments that had already been approved by the KIC into the document, there are some which were passed years ago). I have reviewed the draft with the C&A document, and yes the differences are minimal. I am not against future improvement of our Constitution but it will take,as you state, "SERIOUS STUDY AND INPUT BY ALL...", which was not done during the recent poorly-planned, and poorly-designed attempt.
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