Housing Authority of the Kiowa Tribe of Oklahoma v. Ware

2000 OK 60, 10 P.3d 226, 71 O.B.A.J. 1910, 2000 Okla. LEXIS 59, 2000 WL 1004935
CourtSupreme Court of Oklahoma
DecidedJuly 18, 2000
DocketNo. 93,295
StatusPublished
Cited by3 cases

This text of 2000 OK 60 (Housing Authority of the Kiowa Tribe of Oklahoma v. Ware) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Housing Authority of the Kiowa Tribe of Oklahoma v. Ware, 2000 OK 60, 10 P.3d 226, 71 O.B.A.J. 1910, 2000 Okla. LEXIS 59, 2000 WL 1004935 (Okla. 2000).

Opinion

HARGRAVE, Vice Chief Justice:

. 11 This case involves a dispute between two groups of individuals in the Kiowa Tribe, each claiming to be the rightful commissioners to the Kiowa Housing Authority. The plaintiffs were elected by a vote of the tribe, as has been the procedure since adoption of the Kiowa Constitution, and have refused to vacate their offices until new commissioners are properly elected. The defendants were appointed by the chairman of the Kiowa Business Committee.

4 2 The plaintiffs/appellees sought declaratory relief in district court, asking for a determination that they are the lawful commissioners of the Kiowa Housing Authority and that only the Kiowa Indian Council can appoint commissioners to the Kiowa Housing Authority, by holding an election. The defendants counterclaimed, asking for a determination by the court that the chairman of the Kiowa Business Committee is the proper appointing authority. In the alternative, appellants argue that state courts lack jurisdiction because of tribal sovereign immunity.

13 The trial judge ruled in favor of the plaintiffs, finding that jurisdiction existed by reason of Housing Authority of the Choctaw Nation v. Craytor, 1979 OK 100, 600 P.2d 314, and holding 1) that the governing body of the Kiowa Tribe is the Kiowa Indian Council, and 2) that commissioners to the Kiowa Housing Authority should be elected. The defendants/appellants appealed and filed a motion to retain the appeal in this Court. The motion to retain was granted. We find that the trial court correctly determined that it had jurisdiction and correctly ruled that the Kiowa Indian Council is the governing body of the Kiowa tribe and that election is the proper procedure.

~ ( 4 The appellant has briefed two issues on appeal: whether the chairman of the Kiowa Business Committee is the proper appointing authority, and whether the district court bas Jurisdiction. The appellees have not filed a brief on appeal, but ask us to determine the case based on the trial court's findings of fact and conclusions of law.1 Appellants argue, [228]*228and appellees agree, that this case is of a public nature, so that the Court should search the record and decide the case as it sees fit based upon the law and the facts.

I. JURISDICTION

T5 Although the defendants/appellants argue that sovereign immunity bars the action because Oklahoma courts have no jurisdiction over a dispute involving the internal political affairs of a tribal housing authority and its related federally recognized Indian Tribe, citing Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998), the appellants do not object to this Court's deciding the state law question, and in fact ask us to do so. In the introduction to their brief on appeal, the appellants recognize that the question to be answered involves interpretation of state law, but they object to the trial court's apparently ordering the Kiowa Tribe to hold an election. Appellants urge this court to stay within the bounds of analyzing tribal political structure solely as a tool for interpreting an Oklahoma statute. Because we find that the trial judge did not order the Kiowa Tribe to conduct an election, but merely determined that an election was the proper procedure to be followed, we find that the trial court did not exceed its jurisdiction.

T6 The question of state court jurisdiction to interpret the Indian Housing Authority statute has previously been decided by this Court. In Housing Authority of the Choctaw Nation v. Craytor, 1979 OK 100, 600 P.2d 314, the threshold question was whether the court had jurisdiction over the matter as a question of state law rather than an intra-tribal matter. We held that state courts have jurisdiction under 63 O.S. 1057 to determine who is authorized to appoint Commis sioners to Indian housing authorities. Cray-tor was a dispute between two groups of individual tribal members, each of whom claimed to be the lawfully-appointed commissioners of the Choctaw Nation Housing Authority. We held that it was not an intra-tribal matter, but rather was a question of interpretation of the statute to determine whether the executive director of the Choe-taw Nation was empowered to appoint commissioners. The appellants recognize that section 1057 makes the Indian housing authority an agency of the State of Oklahoma. In Craytor, we held that because the Indian Housing Authority was an agency of the State of Oklahoma, and because the power to appoint commissioners to the housing authority was derived from the statute, rather than from the Choctaw Nation, it was a matter for the district court.

T7 Lastly, in the case at bar the tribe has not been sued; the defendants are individual members of the tribe who claim to have been properly appointed by the chairman of the Kiowa Business Committee. Sovereign immunity does not extend to individual members of the tribe. United States v. James, 980 F.2d 1314, 1319 (9th Cir.1992), cert. den. James v. U.S., 510 U.S. 838, 114 S.Ct. 119, 126 L.Ed.2d 84 (1993) citing Puyallup Tribe, Inc. v. Washington Game Dep't, 433 U.S. 165, 173, 97 S.Ct. 2616, 2621, 53 L.Ed.2d 667 (1977).

II THE KIOWA CONSTITUTION DEFINES THE KIOWA INDIAN COUNCIL AS THE TRIBE'S GOVERNING BODY

18 The Oklahoma Housing Authority Act, 63 O.S.1991 1051, et. seq., creates a housing authority in every city in the state. No business may be transacted until the governing body of each city has passed a resolution declaring the need for a housing authority. Section 1057 of the Oklahoma Housing Authority Act creates the Indian Housing Authority, which likewise cannot transact any business until the governing council of the tribe, band or nation has passed a resolution declaring the need for a housing authority. Section 1057 provides that the housing authority of an Indian tribe, band or nation shall be an agency of the [229]*229State of Oklahoma, possessing all powers, rights and functions specified in the Act for city and county authorities.

1 9 Title 63 O.S.1991 1057 provides that the chief or other governing head of an Indian tribe, band or nation is authorized to exercise the same appointing powers with respect to an Indian housing authority that are vested in the mayor of a city for appointments to a city housing authority. The mayor of a city may appoint commissioners to the housing authority, with the advice and consent of the city's governing body. 63 O.S. 1058. The parties agree that the Kiowa Tribe does not have a chief, nor an individual specifically designated as the governing head of the tribe. The Kiowa Constitution defines the Kiowa Indian Council, which consists of all adults over eighteen (18) years of age, as the governing body of the tribe.

1 10 The record reflects that after adoption of the Kiowa Constitution, commissioners to the Kiowa Housing Authority have been chosen by election. The plaintiffs/appellees are commissioners of the Kiowa Housing Authority who were elected by vote of the Kiowa Indian Council, and whose terms have expired by passage of time.

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2000 OK 60, 10 P.3d 226, 71 O.B.A.J. 1910, 2000 Okla. LEXIS 59, 2000 WL 1004935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-of-the-kiowa-tribe-of-oklahoma-v-ware-okla-2000.