The Issues

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The Issues

Concerns of the KIC (Kiowa Indian Council: Members of the Kiowa Indian Tribe)

APRIL 2001 UPDATE:

In the most recent election of November 2000, nine issues were on the ballot. One of great concern to the KIC is Issue 00-B-7. This issue states that the KIC will "direct the KBC to terminate the legal counsel, i.e. R. Brown Wallace, Liz Brown, and Thomas Fricke pursuant to Article V, Section 1, Subsection F", and that any and all business conducted with said legal counsel, from the date of the election certification shall be considered breaking the Kiowa Constitution law. This issue was passed by vote on November 4, 2000. Since the election five months ago, these attorneys are still providing legal counsel to, and paid by, the Kiowa Business Committee. The KBC refuses to put this issue into effect. The KBC has all but told the KIC that they could care less what the people want. They continue to do business as usual, in their destructive way.

ON GAMING: UPDATE>> This past week the KBC wisely voted against enacting this resolution. Maybe they are listening to the people for a change?

The Kiowa Indian Council (KIC) is the governing body of the tribe pursuant to the Constitution and Bylaws of the Kiowa Indian Tribe of Oklahoma (Ratified May 23, 1970, amended June 3, 1978, December 9, 1978, and June I, 1985). The governing body is made up of all members at least eighteen years of age or older, empowered to act on those matters outlined in Article V, Section 1. In addition, as the governing body of the Kiowa Indian Tribe of Oklahoma, the KIC shall operate and regulate all aspects of gaming enterprises run by the tribe.

Currently there is a resolution in place that completely removes all KIC involvement from any gaming ventures. In many cases this resolution violates NIGC regulations. It also shows intent to disregard the constraints put upon the Kiowa Tribe as a result of the NIGC shutdown of the Kiowa Grand, the former Kiowa gaming facility.

² Red River Compact The compact that sold the tribe down the river.

²Housing Why does one tribe need two housing authorities?

² Elections Forget the rules, they make sure the election always goes their way.

² Other Failed Enterprises and Programs A list of other tribal projects, programs, and enterprises that failed.

² Tribal Enrollment Got some extra cash in your pocket? Well then, you too can be an injun!

² The 1986 Take-Over Some interesting things discovered.

² FBI Investigation How it got from there to here.

Red River Compact

On December 31, 1999, the House Joint Resolution 72 - Red River Compact went into effect. Previously, the legislation from the Texas Legislature, HB 1355 (as approved by the Governor of Texas on May 24, 1999) passed unanimously in both the House and Senate. In the Oklahoma Legislature, SB 157 (as approved by the Governor of Oklahoma on June 4, 1999) had a strong majority in the Senate of more than two to one, and more than nine to one in the House passed the final version. The legislation thus had overwhelming support in both States. Oklahoma's Governor Keating is well known for his determination to suppress any, and all, progress and growth of Indian tribes. Texas' governor at the time was none other than George W. Bush. Need we say more?

This law reduces the rights of the Kiowa as stated in the Treaty with the Kiowa, Comanche and Apache, 1867 and

the Treaty with the Kiowa and Comanche, 1867.  It removes water, gas and oil rights; impinges upon treaty

sovereignty; and reverses the Supreme Court ruling of 1926 regarding the Red River boundary.  The states of

Oklahoma and Texas will now benefit from all future use of the riverfront property.  The old boundary passed directly

through the land that was the old Kiowa, Comanche, and Apache reservations and is still public land, held in trust by

the federal government for those tribes. The Supreme Court established this boundary in 1925 as the south bank of

the Red River. In 1926, an act of Congress designated the royalties on oil and gas deposits from the south half of the

river for a trust fund to benefit the members of the three tribes.  Regardless of the mention in the legislation that, "This

compact does not change or affect in any manner the sovereignty rights of federally recognized Indian tribes over

lands on either side of the boundary line established by this compact.  Tribal sovereignty rights continue to be

established and defined by controlling federal law." by reducing the boundary to the vegetation line on the south bank

of the river, tribal lands and the resulting royalties are relinquished because the State of Texas does not recognize

public lands.

Now, you may wonder, what input did the tribes have? There was an active group of people working diligently to keep this bill from being passed, as reported by the Oklahoma Indian Times. In spite of the evidence Billy Evans Horse, Kiowa Tribal Chairman, supported this compact and signed it.

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Housing

Why does one tribe need two housing authorities?

See the latest edition of the Coyote for the most recent activities involving housing in Kiowa country.

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Elections

For years now the Kiowa tribal elections have run in a rather haphazard manner. Although the Kiowa Constitution and the Kiowa Election Ordinance spell out the process clearly, the Kiowa Election Board (KEB) conducts business in any way they see fit. Some of the more recent discrepancies that violate the Kiowa Constitution and the Kiowa Election Ordinance are listed here:

June 1999 - The budget presented to voters on the ballot was not the budget approved by the Kiowa Business Committee (KBC).
June 1999 - The ballots used were not the approved ballot forms.
June 1999 - Voter lists were not posted at the polling sites at least 10 (ten) days prior to the election.
November 1999 - Issues remained on the ballot, even after a ruling that they are invalid.
The number count of ballots used do not match the number count of voters, even after the number if officially voided forms were included.
The vote totals as reported by the voting precincts did not match the final count on Issue 99-A-2.
The KEB refused to put an issue on the ballot that would have called for the election of five Housing Commissioners, in direct violation of the rules governing the election process.

After these discrepancies were contested by tribal members, whose attempts were ignored by the KEB, the matter was brought to the Kiowa Hearing Board (KHB) whose duty it is to resolve such conflicts. After hearing the concerns of the KIC, the hearing board determined that there would be a meeting with the KEB. After several refusals to meet with the Hearing Board, the Kiowa Election Board Clerk and one other member of the Election Board attended such a meeting. At this meeting, the Hearing Board determined that a special election would be held to elect five Kiowa Housing Commissioners.

In addition, at this meeting the matter of using electronic voting machines was discussed. The Hearing Board's conclusion in their Position Statement to Kiowa Indian Council Members states,

"On May 18, 2000, the Kiowa Hearing Board met with the Kiowa Election Board to discuss the use of Electronic Voting Machines for the June 3, 2000 election. The Kiowa Election Board Clerk flatly stated, "The election board is not using voting machines." The KEB member present nodded in agreement.

To insure that irregularities do not occur as they did in the June, 1999 election and to protect the constitutional voting rights of the Kiowa people: The Kiowa Hearing Board mandated that the KEB use Electronic Voting Machines for the June 3, 2000 election"

The June 3^rd election came and went. The electronic voting machines were not used.

In November 2000, election nine issues were voted on (again, a paper ballot). To date at least three of them have not been enacted by the KBC as policy. Instead, they continue to operate as they please, completely disregarding what the people have voted on and passed in an official election. The KBC Secretary claims that the issues must be ratified before they can be made official. This is not true. This process pertains only to constitutional amendments, as defined in the Kiowa Constitution. In addition, a letter has been obtained from the Department of Interior, Bureau of Indian Affairs, Southern Plains Regional Office in Anadarko that also states the ratification process is not necessary to enforce passed election issues, as interpreted from the Kiowa Constitution.

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Other Failed Enterprises and Programs

Kiowa Grand Gaming - Carnegie, Oklahoma - closed by NIGA.

Burns Flats Aviation - Clinton, Oklahoma - purchased property with outstanding liens, business failed.

Dental Office - Carnegie, Oklahoma - business failed.

Laundromat - Carnegie, Oklahoma - business failed.

Conoco Gas Station - Carnegie, Oklahoma - business failed.

Smoke Shop - Carnegie, Oklahoma - business failed.

Cattle ranching operation - Hobart, Oklahoma - livestock no longer in tribal ownership, where did they go?

Registered bulls operation - Hobart, Oklahoma - business failed.

Kiowa Industrial Economic Development, Bank of Anadarko - Anadarko, Oklahoma - business failed.

Two Swiss Bank accounts - California - who knows?

Red River Neshoba Gaming Center - Never developed, but in debt for it.

PakMail - Anadarko, Oklahoma - franchise purchased, business never opened.

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Tribal Enrollment

The enrollment office of the Kiowa Tribe may as well be a black hole as far as some are concerned. It seems that the Enrollment Specialist has blockaded that office. The tribal constitution states that the Kiowa Business Committee will have the authority to determine who is added, relinquished or removed from the tribal rolls. However, this is not so.

Back in 1991, an entire family was removed from the rolls. The suspicion is there were personal differences with some member/s of that family. Of course, the original allottee of that family was allowed to remain on the rolls, that would have been too obvious, eh?

In 1989, it was discovered that the enrollment office had sold fake ID's to minors. The discovery came when a local store reported the ID's as the kids attempted to purchase beer. The kids got into some trouble over it, but the enrollment office was never brought to task for selling the fraudulent ID's. Why not?

It is alleged that there are many people enrolled in the Kiowa tribe that are either non-Kiowa or non-Indian altogether. Sources claim that people in Florida, Georgia, Texas, New Mexico, California, and possibly other states have purchased enrollments for a fee of up to $100. It is alleged that the chairman uses these absentee enrollment votes to pad the elections, but that's another story.

As recently as the last couple of months, tribal members have attempted to view enrollment records, but have been denied access.

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The 1986 Take-Over

In 1986, several tribal members, thoroughly fed up with how the tribe was being run, decided that the only way to get some action was a take-over. So, they did. It lasted nearly four days, and although nothing has changed, this is some of the information they gleaned during their stay.

1. They discovered 27 illegal enrollments of non-indian or non-Kiowa people.

2. At one point, the tribe had a herd of 40-50 cattle. Over a period of time, (1979-1986) the herd dwindled down to nothing. There are no records of where they went. Where did they go? Were they sold? If so, where are the records?

3. Some years ago, there were funds in a Home Improvement Program. It was discovered that 1 million dollars, perhaps more just disappeared from that account. Ah, here it is, records show that the program director took it. He made testimony to the FBI stating so. He ended up on probation with a condition to pay back the money. Yeah, right. To this day, he has not paid it back. Why did he get off so easy? Does the "dumb indian" routine still work? Where is the follow-up on this case?

4. Then, there is another spending spree. A considerable, but unknown amount of money was spent to develop a racetrack. It would be known as the "Kio-Man-Che". Well, money is spent, but who knows where. The race facility does not exist to this day.

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FBI Investigation

Because of the growing concern of the KIC, the FBI was approached and asked to look into the financial matters of the gaming facility. On February 24, 2000, fourteen boxes of documents were turned over to the FBI under direction of the KBC. Three months passed with no contact from the FBI.

In May 2000, the involved KIC members met with the OIG (Office of the Inspector General) and the FBI to discuss the status of the case based on the documents already turned in.

In June 2000, the KIC threatened to demonstrate by marching in front of the U.S. Attorney's office in Oklahoma City. Upon hearing this, the U.S. Attorney allowed 25 KIC members to convene in a meeting with U.S. Attorney Lee Borden, and the assistant U. S. Attorney. The results of the meeting did not satisfy the KIC, as they felt they were not being taken seriously. At that point, some of the KIC members headed for the Oklahoma City FBI office, hoping to meet with Special Agent Marquise. Nine KIC members marched in protest on the front lawn of the FBI offices. After two hours had gone by, Special Agent Marquise' Assistant allowed two KIC in to meet with him.

In the meantime, the Kiowa Grand was closed June 20, 2000.

Since then, Special Agent Marquise has been cooperative and informative as to the goings on of the case. The investigation has branched out into other departments of tribal operations due to the information provided them already. There seems to be an excessive number of discrepancies in the managing of federal funds.

Special Agent Marquise has attended two of the KIC's weekly meetings in Anadarko to keep the people abreast of the investigation. In recent weeks, we have been informed that there are four indictments ready for prosecution, and that these indictments have been turned over to the U.S. Attorney's office for prosecution. The latest news is that office is sitting on these files, for reasons unknown.

There has been too much oppression by the hands of the tribal leaders, for too many years. For you readers, please rest assured that this course of action is the only way the KIC is able to bring these things out in the open. Be sure to check back for the most recent news regarding this case.

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