Petition seeks recall process for CdA Tribe

WORLEY, Idaho – Members of the Coeur d’Alene Tribe should have the ability to remove their elected officials from office for misconduct, a Worley man says.

Kenneth “Wade” Weems is collecting signatures for an amendment to the tribe’s constitution, which would allow recall of council members for mismanagement of tribal assets, bribery, neglect of duty and other offenses.

“We need to have something like this on the books so we can hold the tribal council accountable,” Weems said. “It’s important that the people have the power to do this.”

The petition follows a tempestuous period in tribal government. Last week, the tribe’s governing council voted to end a lawsuit against David Matheson, the former executive officer of the Coeur d’Alene Casino Resort Hotel. Matheson was fired last year and later sued by the tribe for breach of fiduciary duties over a $684,000 severance paid to another casino executive who was forced to resign, according to the lawsuit. The suit sought $751,000 from Matheson – money the tribe is pursuing through an insurance claim.

Matheson maintains that his firing and the suit were politically motivated. In May, he was the top vote-getter in tribal elections, winning a seat on the council.

Weems, an unsuccessful candidate in the race, said he was stunned that Matheson was elected.

However, the recall petition is “not a Dave Matheson issue per se,” according to Weems. “I’m not trying to single him out – this is for all the council.”

The tribe’s constitution, adopted in the 1930s, does not allow for recall of elected officers – a common provision for state and local governments. Removing a council member currently requires action by the council itself.

“I was in the Marine Corps, and we referred to that as self-policing,” Weems said. “I’m not confident that a council, no matter who they are, would do that.”

Without a recall process, it’s hard to hold tribal council members responsible for their actions, Weems said. But he said he doesn’t want the process abused, either. According to his petition, a tribal judge could throw out frivolous recall efforts.

Weems, 38, calls himself a “reluctant activist” in a community where many prefer not to speak out. He frequently weighs in at NDNbloggers.com, which tracks political issues on the Coeur d’Alene Indian Reservation. Weems said he launched a low-key run for council this spring to call attention to the reservation’s need for low-income housing.

Weems plans to collect and submit 400 signatures to the council for the constitutional amendment. He hopes to reach his goal before he heads north in July to work on a fishing boat in Alaska.

Getting a constitutional amendment on the ballot requires signatures from 30 percent of the tribe’s eligible voters, said Quanah Spencer, spokesman for the Coeur d’Alene tribal council. After the signatures are verified, the council can hold a special election, or put the amendment before voters at the next general election.

Last year, Matheson also petitioned the tribal council for a recall process. It was one of four constitutional amendments Matheson proposed, including a controversial plan to pay each tribal member $1,000 per month from gaming profits – a move the council said the tribe couldn’t afford.

Matheson’s petitions were thrown out because the signatures didn’t meet the criteria for scheduling an election, Spencer said.

In an interview last week, Matheson said he remains supportive of establishing a recall process.