- November 10, 2014 Trial Court Decision to Grant Temporary Restraining Order & Preliminary Injunctive Relief Against November 22, 2014 Special Election, Docket # 14-TC-190, Michael T. Debraska, Leah Sue Dodge & Franklin Cornelius v. Oneida Business Committee, Oneida Election Board & Oneida Law Office
On November 7 & 10, 2014, the Court held a deliberation. Petitioners allege due to the illegal actions taken by the Respondents at the October 26, 2014 General Tribal Council Meeting (GTC), an illegal election was scheduled. Petitioners claim in accordance with the Oneida Election Law, as amended by GTC in 2008, if there are 16 or more candidates for the OBC at-large member position a primary is to be held 60 days prior to the election. Petitioners are also seeking a Preliminary Injunctive Relief and asking for a “Stay” of the November 22, 2014 Special Elections until such time as a duly and lawfully scheduled, notice of a GTC meeting can occur to address the GTC vacancy and consider the options, including the option to leave the position vacant. Finally, the Petitioners are requesting the Parliamentarian for future GTC meetings be an enrolled Oneida Tribe of Indians of Wisconsin member who is trained in the Robert’s Rules of Order and is not an employee of the Tribe nor has familial nor financial connections to OBC, Oneida Law Office or Oneida Election Board.
On the face of the pleadings, the Petitioners appear to have a valid claim. According to the Rules of Civil Procedure, Rule 31(B) in part states: “…..Temporary Restraining order …. are generally reserved for use when imminent action, if allowed to go forward, will create irreperable harm that will seriously impair the ability of the Court to order full and fair relief…..” The Court is graning the Petitioners’ request for a Temporary Restraining Order and a hearing is scheduled for November 13, 2014. …
The Court grants the Petitioners’ request for a Preliminary Injuctive relief to place a “Stay” on the November 22, 2014, Special Election, pending the outcome of this case.
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