This would be an example of a KANGAROO COURT. Nooksack 306 Attorney Gabe Galanda puts his experience into words. Bear in mind that the Nooksack Council currently seated is in VIOLATION of their own constitution. NIGC should SHUT their casino down. BIA should REVOKE their Constitution..
Yesterday at 2 PM I had my banishment “hearing”--- via freeconferencecall.com. Seriously.
25 minutes later, I was gone.
Only four Nooksack “Councilpersons” bothered to show up. A quorum at Nooksack takes five. But even if they had five, they would have still lacked quorum, because the terms of four of the eight on “Council” expired on March 19, 2016. So there really wasn’t a “hearing.”
Bob Kelly administered the “hearing.” None of the other on “Council” were brave enough to speak, or even introduce themselves. How traditional.
I introduced myself traditionally. I let it be known I am the traditional Speaker for 331 Nooksacks, including Bob’s two sons.
I started by asking a series of procedural questions, for the administrative record, as I explained. Bob--I referred to him only as Bob--refused to answer any question of substance.
I asked him, “Who’s the Hearing Officer?” He told me, in what would become like a line spoken by a parrot: “We’re not here to answer any questions, Mr. Galanda.”
I then asked him: “ Is the proceeding being audio recorded?” Bob changed his mind and answered, “yes.” I then asked him if I could receive a copy of the audio recording. He promised me I would, but those proved to be the only questions he would answer.
I then explained that I received an unsigned and undated Notice of Hearing in mid-May and asked him: “For sake of the record, can you please identify who wrote or issued it and on what date?” Bob refused to answer: “We’re not here to answer any questions, Mr. Galanda.”
I then explained that the Notice of Hearing mentions a “Resolution #16-28,” by which “the Nooksack Tribal Council took emergency action barring [me] from Tribal lands and Tribal Court…” I said, “I of course have never seen Resolution #16-28. Can you at least read that Resolution #16-28, or perhaps the resolved clauses of the Resolution, into the record so I know exactly what I’m being accused of or what penalty I face?” Bob refused; same line.
I then asked: “Am I being banished, barred, disbarred, what?” “Again, without Resolution #16-28, it is unclear exactly what punishment I am facing.” Bob refused; same line.
I went on: “The Notice of Hearing also mentions my alleged ‘failure to have a valid Nooksack business license…’ Am I being banished, barred, disbarred, or whatever pursuant to Title 54, too?” Bob refused; same line.
Then: “Last week, I submitted a Representation Form, because the recently promulgated Tribal Council Hearing Procedures assure me a right of representation. I never heard back... Was it denied?” Bob muttered something like, “What form?” Then, same line.
I proceeded to legally explain all the ways I was not afforded notice or an opportunity to be heard. I didn’t take long, having said it all, and then some, in my 21-page written response last week. And of course my Q&A with Bob added an exclamation point to my grievance.
The bottom line: “Bob, Katherine, you cannot beat me. You have not beaten me in 3 1/2 years. You can never beat me. That’s why you seek to terminate me.”
They did not say a single word. They were not brave enough to. Their silence said it all.
I concluded by telling them that I was under no delusion that I would not be banished, barred, disbarred, or whatever, by them. But I let them know, in no uncertain terms, that no matter what they do, I would remain the traditional Speaker for 331 Nooksacks.
I hung up the phone at 2:25 PM. At that moment, 25 minutes later, I was gone.