UKB asks court to dismiss records-identification petition
Tribal attorneys argue sovereign immunity bars action seeking records tied to Resolution 25-UKB-42EV | By Staff Reports
TAHLEQUAH, Okla. — The United Keetoowah Band of Cherokee Indians in Oklahoma District Court is preparing to consider a motion seeking dismissal of a records-related lawsuit filed against Tribal Secretary Caleb Grimmett-Smith.
Candy Mink Springs Media LLC filed the Petition for Writ of Mandamus on March 4, seeking an order requiring Grimmett-Smith, in his official capacity as Tribal Secretary, to identify and produce records referenced in Resolution 25-UKB-42EV or certify under oath that responsive records do not exist after a diligent search.
The petition centers on records associated with references contained in Resolution 25-UKB-42EV, including language concerning electronic voting procedures and the establishment of a Department of Communications.
According to court filings, Candy Mink Springs Media LLC submitted a written records request to Grimmett-Smith on Feb. 4 and followed with a second letter on Feb. 20 after receiving no records responsive to the request.
The petition argues that the Tribal Secretary has a ministerial duty to maintain official records of Council proceedings and seeks a writ compelling performance of that duty.
Assistant Attorney General Victoria Holland filed a Motion to Dismiss and Brief in Support on June 17.
The motion argues the case should be dismissed on sovereign immunity grounds, contending the Tribe has not waived immunity for the claims asserted in the petition.
The motion also argues the petition fails to state a claim upon which relief can be granted and contends dismissal is supported by public policy considerations.
The petition does not seek monetary damages. The requested relief asks the court to order identification and production of responsive records or require certification that the records cannot be identified, located or do not exist.
Court Administrator Kristie Bradley said June 23 that no hearing order has been filed.
“None has been filed; this case has been sent to the Judge for a hearing to be scheduled. Once that order for hearing is filed, I will send that out,” Bradley wrote in an email.
The court has not ruled on the Motion to Dismiss.
The case remains pending before the United Keetoowah Band District Court.