THE OATH OF OFFICE AND THAT THE OTHER APPOINTEES WILL, IF THEY HAVE NOT ALREADY, DO THE SAME. ACCORDINGLY, DONAGHEY CURRENTLY QUALIFIES UNDER 1058, AND THE OTHERS MAY SOON QUALIFY.
WITH REGARD TO THE HUD FORECLOSURE OF DONAGHEY AND HER ACQUISITION OF OTHER PROPERTIES, I CAN FIND NO REASON WHY THIS SHOULD IMPEDE HER ABILITY TO SERVE AS A COMMISSIONER ON THE BOARD. THERE MAY BE HUD RESTRICTIONS ON THIS SUBJECT, BUT THAT IS NOT A MATTER OF OKLAHOMA LAW AND IS, THEREFORE, BEYOND THE SCOPE OF THIS OPINION.
WITH REGARD TO THE BOARD'S CONCERN THAT DONAGHEY IS ONLY PURSUING A "VENDETTA", I NOTE THAT 1058 AUTHORIZES THE "GOVERNING BODY", AND NOT THE BOARD ITSELF, TO APPOINT NEW COMMISSIONERS. THUS, THE DISCRETION TO INQUIRE INTO THE MOTIVES OR PURPOSES OF POTENTIAL APPOINTEES RESTS WITH THE GOVERNING BODY - IN THIS CASE THE TRIBAL COUNCIL. SECTION 1058 DOES NOT REQUIRE THAT PROPOSED APPOINTEES BE APPROVED BY THE BOARD PRIOR TO SEATING, NOR DOES IT GRANT THE BOARD VETO POWER OVER PROPOSED APPOINTEES. IN SUM, I DO NOT THINK THE LAW ALLOWS THE BOARD TO PREVENT DONAGHEY FROM PARTICIPATING IN ITS FUTURE ACTIONS.
B. DUAL ROLES.
OKLAHOMA LAW PROHIBITS ONE PERSON FROM SIMULTANEOUSLY HOLDING TWO OFFICES IF THOSE OFFICES ARE "UNDER THE LAWS OF THE STATE." 51 O.S. 6 (DUAL OFFICE HOLDING). THIS PROHIBITION APPLIES TO HOUSING AUTHORITY COMMISSIONERS. A.G. OPIN. NO. 73-114 (SAME PERSON CANNOT SERVE AS HOUSING AUTHORITY COMMISSIONER AND MEMBER OF BOARD OF COUNTY COMMISSIONERS). HOWEVER, THIS SECTION DOES NOT APPLY TO DONAGHEY HERE BECAUSE HER SECOND OFFICE, VICE-CHAIRPERSON OF THE CADDO TRIBE, IS DERIVED FROM THE AUTHORITY OF THE CADDO NATION; IT IS NOT AN OFFICE ARISING UNDER THE "LAWS OF THIS STATE". THEREFORE, THE 6 PROHIBITION DOES NOT COME INTO PLAY. WHETHER THERE IS SOME TRIBAL LAW REQUIREMENT THAT DONAGHEY VACATE HER TRIBAL OFFICE UPON ACCEPTING A SEAT ON THE CHA BOARD IS A QUESTION OF TRIBAL LAW THAT CANNOT BE ANSWERED BY AN ATTORNEY GENERAL'S OPINION.
A RELATED PROBLEM IS THE FACT THAT THE OATH OF OFFICE WHICH HAS TRADITIONALLY BEEN USED BY THE BOARD REQUIRES THE APPOINTEE TO DECLARE THAT THEY ARE NOT A MEMBER OF THE TRIBAL COUNCIL. DONAGHEY'S CURRENT POSITION AS TRIBAL VICE-CHAIRPERSON APPEARS TO BE A CLEAR VIOLATION OF THE OATH. HOWEVER, THE LAW DOES NOT EXPRESSLY PROVIDE THE BOARD WITH A MEANS TO REMEDY THIS APPARENT VIOLATION. INSTEAD, THE OKLAHOMA LEGISLATURE HAS VESTED THE POWER TO REMOVE COMMISSIONERS IN THE "GOVERNING BODY". 63 O.S. 1060. I ASSUME THAT IN THIS CASE, THE "GOVERNING BODY" IS THE TRIBAL COUNCIL. THUS THE AUTHORITY TO CORRECT A VIOLATION OF THE OATH OF OFFICE BY DONAGHEY RESTS WITH THE TRIBAL COUNCIL.
THE COURTS OF THIS STATE ARE AUTHORIZED TO EXERCISE JURISDICTION TO DETERMINE DISPUTES CONCERNING THE OKLAHOMA HOUSING AUTHORITY ACT AS IT APPLIES TO INDIAN HOUSING AUTHORITIES. HOUSING AUTHORITY OF THE CHOCTAW NATION V. CRAYTOR, 600 P.2D 314 (OKL. 1979). THUS IN THE EVENT THAT THE TRIBAL COMMISSION REFUSES TO ACT WHEN FACED WITH MISCONDUCT