Petition to the Council to follow the Constitution of the Metlakatla Indian Community & to apply Due Process

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 Meeting;

2. Failing to provide Mayor Scudero and voting Members with reasonable notice of the Open Meeting that removing the Mayor was on the agenda;

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; and by,

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 due process.