THE ATTORNEY GENERAL HAS RECEIVED YOUR REQUEST FOR AN OPINION AND HAS FORWARDED THE MATTER TO ME FOR RESPONSE.
AFTER REVIEWING YOUR REQUEST, THIS OFFICE HAS CONCLUDED THAT IT IS UNABLE TO ISSUE A FORMAL OPINION BECAUSE OF THE PREDOMINANCE OF QUESTIONS OF FACT AND ISSUES OF TRIBAL LAW, NEITHER OF WHICH MAY BE ANSWERED BY AN ATTORNEY GENERAL'S OPINION. HOPEFULLY, HOWEVER, YOU WILL FIND THE FOLLOWING REMARKS OF SOME ASSISTANCE IN ADDRESSING THE ISSUES OUTLINED IN YOUR LETTER.
AS INDICATED IN YOUR LETTER, YOUR IMMEDIATE CONCERNS WERE TRIGGERED BY THE APPOINTMENT OF MS. DONAGHEY TO THE BOARD OF COMMISSIONERS ("BOARD") OF THE HOUSING AUTHORITY OF THE CADDO TRIBE ("CHA"). DONAGHEY IS THE "CADDO TRIBAL VICE-CHAIRPERSON". IT APPEARS THAT DONAGHEY HAS BEEN APPOINTED TO THE BOARD BY ELMO CLARK, THE CADDO TRIBAL CHAIRMAN. WHILE YOUR LETTER IS NOT SPECIFIC ON THIS POINT, IT ALSO APPEARS THAT DONAGHEY HAS ALREADY TAKEN THE OATH OF OFFICE.
THE BOARD'S OBJECTION TO DONAGHEY IS TWOFOLD. FIRST, THE BOARD BELIEVES THAT DONAGHEY IS PERSONALLY UNFIT TO SERVE AS COMMISSIONER. THIS STEMS FROM THE FACT THAT (1) DONAGHEY HAS DEFAULTED UNDER A PREVIOUS HUD PROGRAM AND HAS BEEN THE SUBJECT OF AN OF EVICTION PROCEEDING; (2) DURING THIS TIME, DONAGHEY ACQUIRED OWNERSHIP OF OTHER HOMES IN THE WASHITA COMMUNITY OF CADDO COUNTY; AND (3) THE BOARD FEELS THAT DONAGHEY'S "SOLE PURPOSE IN BEING A COMMISSIONER IS AS A PERSONAL VENDETTA AND ACTIONS SHE COULD INITIATE WOULD BE ARBITRARY AND CAPRICIOUS."
SECOND, THE BOARD OBJECTS TO DONAGHEY'S CONCURRENT ROLES AS THE "CADDO TRIBAL VICE-CHAIRPERSON" AND CHA COMMISSIONER. AS TRIBAL VICE-CHAIRPERSON, DONAGHEY SITS ON THE BODY THAT APPOINTS THE CHA COMMISSIONERS TO THE BOARD. I ASSUME THAT THIS BODY IS THE "TRIBAL COUNCIL". THE BOARD POINTS OUT THAT THE OATH OF OFFICE WHICH HAS TRADITIONALLY BEEN ADMINISTERED TO COMMISSIONERS REQUIRES THEM TO STATE THAT THEY ARE NOT A MEMBER OF THIS "TRIBAL COUNCIL".
IN VIEW OF THE FOREGOING, THE BOARD FEELS THAT THE APPOINTMENT OF DONAGHEY IS IRRATIONAL AND PERHAPS ILLEGAL.
A RELATED PROBLEM IS THE RECENT APPOINTMENT OF LYMAN KIONUTE AND MARY GUNN TO THE CHA BOARD. BOTH HOLD CADDO TRIBAL OFFICES. BOTH WERE APPOINTED BY THE TRIBAL CHAIRMAN, ELMO CLARK. THE BOARD BELIEVES THAT THE PURPOSE OF THESE APPOINTMENTS IS TO BRING THE CHA UNDER THE SUPERVISION OF THE CADDO TRIBAL COUNCIL. YOUR LETTER ALSO INDICATES THAT THE CHA HAD NOT YET RECEIVED THE REQUIRED CERTIFICATE OF APPOINTMENT AND SIGNED OATHS OF OFFICE FOR THESE TWO APPOINTEES.
LEGAL ISSUES; ANALYSIS.
A. QUALIFICATIONS OF OFFICE.
TITLE 63 O.S. 1058 (1989) SETS FORTH THE QUALIFICATIONS FOR HOUSING AUTHORITY COMMISSIONERS. THESE ARE: THE APPOINTEE MUST BE APPOINTED BY THE GOVERNING BODY; AND (2) THE APPOINTEE MUST TAKE "THE OFFICIAL OATH OF OFFICE PRESCRIBED BY STATUTE OR ORDINANCE FOR ELECTED OFFICIALS OF THE COUNTY OR CITY, AS THE CASE MAY BE."
CLEARLY, THE APPOINTMENT OF DONAGHEY AND THE OTHER APPOINTEES BY THE CADDO TRIBAL CHAIRMAN MEETS THE FIRST CRITERION. AS TO THE SECOND, IT APPEARS THAT DONAGHEY HAS ALREADY TAKEN