RESOLUTION #08-2005-07
RESOLUTION OF THE CADDO NATION OF OKLAHOMA ORDERING MARILYN THRELKELD,
SECRETARY OF THE TRIBAL COUNCIL, TO FULFILL THE DUTIES OF HER OFFICE
AND PROVIDE DOCUMENTS TO THE CADDO NATION BY AUGUST 19, 2005
WHEREAS: The Caddo Nation of Oklahoma is a federally recognized tribe
governed by a Constitution recognized by the United States Government
and all of its governing bodies and agencies, and
WHEREAS: under the revised Caddo Nation Constitution, adopted by the
Caddo Tribe of Oklahoma on June 26, 1976, the Caddo Nation Council is
empowered to pass such ordinances and resolutions necessary or
incidental to the exercise of their powers, duties and
responsibilities, and
WHEREAS: prior to the Caddo Nation election held on July 9, 2005, the
Bureau of Indian Affairs recognized actions taken by five council
members, namely Marilyn Threlkeld, LaCreda Daugomah, Christine Noah,
Anna Donaghey, and Mary Pat Clark as being the representative body of
the Caddo Nation, and,
WHEREAS: the Secretary of the tribal council, under Section 4, ARTICLE
VI, of the CONSTITUTION AND BYLAWS OF THE CADDO NATION, is required to
keep an accurate account of all proceedings and official records of the
Council and membership meetings and shall file a copy of same with the
Caddo Tribal Office, and
WHEREAS: Marilyn Threlkeld, Secretary of the tribal council failed to
carry out her duties as specified in Section 4, ARTICLE VI, of the
CONSTITUTION AND BYLAWS OF THE CADDO NATION, and
WHEREAS, the Caddo Nation does not have an official and/or complete
record of actions taken by the previously stated five council members,
now
THEREFORE BE IT RESOLVED: that Marilyn Threlkeld is hereby ordered and
directed to fulfill her duties as the Secretary of the Tribal Council,
and to provide to the Tribal Council full and complete minutes of all
Tribal Council meetings conducted during her tenure as Secretary.
Marilyn Threlkeld is further ordered and directed to turn over to the
Tribal Council all official documents and papers including all original
documents and copies, which belong to the Caddo Nation and which are in
her possession, or, which she might obtain from others by diligently
performing the duties of her office, including, without limitation: 1)
all resolutions, ordinances or codes enacted by the Tribal Council,
including any revisions, amendments or other charges made with regard
to the Caddo Nation's internal policies and procedures; 2) all
contracts approved or executed by the Tribal Council; 3) all
correspondence to or from the Caddo Nation and the Tribal Council,
specifically including all correspondence to or from the Bureau of
Indian Affairs, the Department of the Interior, any other agency of the
federal government and.or any agency of state government; 4) all
documents of any kind relating to tribal financial matters,
specifically including all bank records and documents pertaining to
accounts maintained by the Caddo Nation; 5) all document authorizing or
ratifying expenditures of Caddo Nation funds, including documents
relating to compensation or reimbursements for Tribal Council members;
6) all documents relating to Caddo Nation personnel matters, including
documents that relate to the retention, termination or compensation of
Caddo Nation employees, and 7) a complete list identifying any and all
documents identified above which are not currently in Marilyn
Threlkeld's possession, including a description of the document, its
current location and the circumstances which resulted in the
Secretary's failure to secure and safeguard the Caddo Nation's
documents.
NOW BE IT FURTHER RESOLVED: that Marilyn Threlkeld shall provide all of
these documents to the Tribal Council no later than the close of
business on Friday, August 19, 2005, at the Caddo Nation Complex. In
the event that Marilyn Threlkeld shall fail to fulfill compliance with
the Tribal Council's order, she shall be liable to forfeit all
compensation or reimbursements paid to her as Secretary of the Tribal
Council and shall be further liable for any damages or expenses
suffered by the Caddo Nation as a result of her failure to faithfully
perform the duties of tribal Secretary, including any expense the Caddo
Nation might incur in having to secure these documents from third
parties. Marilyn Threlkeld shall be fully liable for any expenses,
including attorney's fees and court costs, incurred by the Caddo Nation
in the course of enforcing this order in any court proceeding,
including proceedings in federal bankruptcy court.
CERTIFICATION
We, the undersigned Chairman and Secretary of the tribal council of the
Caddo Nation of Oklahoma, hereby certify that the Caddo Nation Council
is composed of 8 members, and with a quorum being composed of 5
members, of whom 7 were present at a meeting thereof duly and
specifically called, noticed and convened and held on the 12th day of
August, 2005 at the Caddo Nation complex in BInger, Oklahoma, and that
the foregoing resolution was duly adopted by an affirmative vote of 4
FOR; with 2 OPPOSING; and 0 ABSTAINING. The Chairman is not required to
vote except in the case of a tie.
[signed, LaRue Parker]
Chairman
Aug 12, 2005
[signed Joyce R. Hinse]
Acting Secretary
August 12, 2005