Petition Calling for Removal Of Chairman Delgado Clears First Hurdle

 

EDelgado  

By Nate Wisneski - Kalihwisaks (nwisnes@oneidanation.org)

The General Tribal Council (GTC) is one step closer to taking a vote on a petition calling for the removal of Oneida Tribal Chairman Ed Delgado.

On Wednesday, August 21 the Oneida Appeals Commission ruled Brian Doxtator’s petition contained sufficient evidence to move forward to a trial hearing.

The trial hearing is scheduled for September 5 and 6 and will allow for witnesses and presentation of evidence with the burden of proof falling on Doxtator to provide clear and convincing evidence that grounds for removal are present.

Doxtator plans on calling 11 witnesses, while Chairman Delgado’s attorney Eric Wimberger notified the court they plan on calling four or five of their own witnesses.

Doxtator’s petition calling for the removal of Chairman Ed Delgado was turned in to the Tribal Secretary’s office on Friday, August 2 with 623 signatures, 101 over the legal amount needed per the Oneida Tribe’s current Removal Law.

Doxtator along with 20 others who supported his petition process claim Delgado ignored General Tribal Council (GTC) directives, tribal policies and procedures, and the broke the tribe’s Code of Ethics law.

Chairman Delgado questioned the actual timeline Doxtator used to collect the signatures. Dates on the petition show signatures with dates of June 6, which would fall outside of the 30-day period allowed to collect signatures.

Doxtator argued the date was an error of the individuals who signed and provided sworn affidavits from seven of the eight individuals saying that was indeed the case.

The Oneida Appeals Commission agreed with Doxtator stating he proved with evidence that he indeed followed the 30-day guideline.

The Oneida Appeals Commission will have until September 10 to deliver the trial hearing decision and if the removal petition will be forwarded to the GTC for a vote.