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Arbitration Panel confirms Mike Keller as rightful Tribal Chairman |
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Thursday, 04 September 2008 |
U tu Utu Gwaitu Paiute Tribe can put months of discontent to rest
By Stacey Powells
Mammoth Times Staff Writer
 Joseph Saulque and his son Pomoquso Noble Saulque listen to the witnesses at the arbitration hearing on the morning of Friday, August 29, 2008. PHOTO BY STACEY POWELLS
After the general election was held on May 27, 2007 in which Mike Keller was elected Chairman, the election was challenged and a special second election was held on Nov. 10, 2007 for the office of Chairman.
Again, Mike Keller won with 55 votes. Joseph Saulque earned 23 votes. The Nov. 10, 2007 election is the election that was challenged by Pomoquso Saulque, Joseph Saulque's son, who filed a 'Notice of Appeal' on Nov. 13, 2007.
Claimant Saulque asserted that the Election Committee, in conducting the special election, did not adhere to the planning and training requirements of the Arbitration Council Decision; mishandled the “unofficial ballots;” that Mike Keller had a conflict of interest and unfairly influenced the results where he worked for the Post Office and handled the ballots; and that Election Committee member Rana Saulque used her influence for votes and politics to sway the votes for Mike Keller.
The arbitration panel consisted of three arbitrators: Pat Sekaquaptewa – Independent Chief Arbitrator, Barbara Durham and Jerold Blain. Lawyer Gerard Harvey out of Bishop represented Pomoquso Saulque and Linda Amelia represented the U tu Utu Gwaitu Paiute Tribe Election Committee.
Mr. Saulque failed to meet his burden of proving the facts to support his claim with respect to candidate Mike Keller and alleged absentee vote tampering. He also missed the extended deadline for filing witness lists and other exhibits. The Election Committee moved to disallow any alter identified and proffered witnesses and the Arbitration Panel granted the Election Committee's motion.
The Arbitration made several factual findings including:
—The newly constituted Election Committee for the Special Election of Nov. 10, 2007 did not complete the training mandated by the Arbitration Council Decision of Aug. 31, 2007.
—The Committee was also in non-compliance where the Arbitration Council Decision ordered the Special Election to be held on Nov. 9, but the Committee set and held the Special Election on Nov. 10.
—The Election Committee mailed absentee ballots twice.
—Absentee ballots from both mailings were counted and there was one verified duplicate vote which the Election Committee caught and counted only once.
—The two mailings of absentee ballots were distinguishable, the first had red colored numbers, the second had purple colored numbers. The identifying color coded number was removed from each absentee ballot and the absentee ballot was then placed with the walk-in voter ballots before being counted.
—Two absentee ballots were legitimately not counted where the signatures on the returned outer envelope were illegible or were absent.
The following was the Decision and Order by the Arbitration Panel:
—Mr. Saulque's claims with respect to candidate Mike Keller allegedly tampering with the votes is waived
—Mr. Saulque's claim with respect to Election Committee member Rana Saulque allegedly campaigning for one side is waived.
—The failure of the Election Committee to complete the mandated training did not effect the outcome of the Special Election.
—The Election Committee's mishandling of the absentee ballots did not materially affect the outcome of the Special Election.
On Aug. 30, 2008, the Arbitration Panel recognized the validity of the Election Committee's officially tallied votes in favor of Mike Keller, stating that Mike Keller is the dully elected Chairperson of the U tu Utu Gwaitu Paiute Tribe.
“Joseph was happy with the election board until he lost,” said one tribal member who wished to remain anonymous. “The people wanted change. They saw a lot of self servicing by Joseph Saulque and they wanted change. He created rules that only certain people would benefit. Now hopefully the whole tribe will benefit.”
As of press time neither Joseph Saulque nor Mike Keller could be reached for comment |
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Last Updated ( Friday, 12 September 2008 )
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