Notice to Cease and Desist to the Current OCEN Tribal Council

A Petition for the Members of the Ohlone/Costanoan Esselen Nation

October 25, 2006


Whereas, unresolved disputes and hostility still threaten the safety and welfare of various former council members and volunteers, causing several council members to resign;

Whereas the elected tribal council has failed to fulfill its obligations to conduct business on behalf of the Tribe through lack of participation at the tribal council meetings;

Whereas, without the explicit knowledge or consent of the entire tribal council body and without our knowledge or consent, some of the elected tribal council members, along with other tribal members, have taken deliberate covert actions undermining the tribe’s right to choose its leadership;

Whereas we recognize that the civil lawsuit did not resolve the original disputes nor will the same action resolve this new dispute;

THEREFORE LET IT BE RESOLVED that we, the people, the voting tribal members of Ohlone/Costanoan Esselen Nation hereby notify and demand the current tribal council members cease and desist  all activities carried on in the name of Ohlone/Costanoan Esselen Nation until such time the entire tribe, known as the General Council:

1)      Is informed of all of the facts,

2)      Can meet to have an open discussion of the recent events, and find a peaceful resolution to the present and past hostilities, if possible, and

3)      Can set in motion another election as required by our tribal constitution [OCEN Tribal Constitution, Articles V, Section 7,[1] and VII, Section 1, B[2]]

I, (print name) ______________________________, am in agreement with this petition and hereby submit my signature below as a member of the Ohlone/Costanoan Esselen Nation.

____________________________________          __________________________

Signature                                                                      Date of signature


[If you are a tribal member who wishes to sign this petition, please contact Lorraine Escobar for instructions (]


[1] “The Tribal Council, by an affirmative vote of 2/3 of its members, shall call a Special Election to be conducted within forty-five days of such Tribal Council decision, for the purpose of deciding issues or questions that are either within the authority of the General council or those powers vested in the Tribal Council.”

[2] “If the vacancy occurs more than six (6) months before the next annual election, the Tribal Council shall call a special election to fill the vacancy for the unexpired term … within forty-five days after the vacancy occurs.”