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LUMBEE TRIBE OF NORTH CAROLINA

PAUL BROOKS,

Petitioner,

PETITION

TRIBE OF NORTH CAROLINA, and

SHEILA BECK-JONES, in her capacity

as Chairperson of the Election’s Board

of the Lumbee Tribe of North Carolina,

Respondent.

)

ELECTION’S BOARD of the LUMBEE _)

)

) =

) 07-29-15P05:08 RCVD

)

NOW COMES, Petitioner, Paul Brooks, petitioning this Honorable Court to address

the issue of defining a term as it applies to a person filling the remainder of a vacated term

by reviewing the Constitution and issuing an order/opinion to ensure the intent of the

original authors of the Constitution is sustained. In support, Respondent shows unto the

Court the following:

4. The Lumbee Tribe of North Carolina defines a term as three (3) years.

2. Article VII, Section 2 provides that a Tribal Council member may serve a term of

three (3) years.

3. Article VIII, Section 2 provides that a Chairman “shall be elected...for a term of

three (3) years...”

4. Article IX, which addresses the qualifications, responsibilities and duties of the

Judiciary, define a term as five (5) years, while Article X defines a term for persons serving

on the Election Board as six (6) years. The Constitution is consistent in its definition of a

term throughout for each applicable position. One exception in the Constitution is in Article

XII provides the process for determining the term of the first sitting Tribal Council.

5. Fora better understanding of Article XII, it is important to provide a brief overview

of the adoption of the Lumbee Constitution. In 2000, the Lumbee Self-Determination

Commission was created through a court-order by the Robeson County Superior Court to

assist the Tribe in its mission to formally address the adoption of a tribal government. This

Commission was required to hold an election for Tribal Council and Tribal Chairperson.

The mandate also required the Commission to pose the question of whether the tribal

membership wanted a Tribal Constitution. The Commission conducted an election for the

first Tribal Council and Tribal Chairman. The referendum on whether the membership

wanted Tribal Constitution revealed that the membership demanded the new government

was to present a Constitution within one year of the election.

6. The current Constitution was adopted in 2001, and the Council members elected

in 2000 would serve out their three (3) year terms as defined in the Constitution as

members at large.

7. In accordance to Article XII, Section 3(d) those elected would be qualified to

stand for office in the November 2003 election under the confines of the Constitution, and

the term they were currently serving would be “...counted as their first term...” Section 3(e)

continues to determine how the terms will be defined for the first elected body under the

Constitution. It states, “upon election in November 2003, and twenty-one Tribal Council

members shall be divided into three groups of seven by some means of chance, with the

first group serving a one year term, the second group of seven serving a two year initial

term, and the third group serving a three year initial term, after which all Tribal

Councilmembers shall serve three year terms”. This provided a clear process to stagger

terms to avoid all Council seats becoming vacant at the same time.

8. The document is also clear in providing term limits for members serving in both,

elected and appointed positions in the tribal government. Persons either elected or

appointed cannot serve more than two consecutive terms.

9. This provision is included in each Article of the Constitution, which addresses

elected and appointed government officials; however, it does not change the length of the

term in any instance, and it does not provide language on when a term begins.

10. There is no language in the document providing guidance on when a person’s

term begins if they are filling the seat of a vacated position, or when they are elected.

11.While the document provides a clear procedure on how to fill a vacated term for

both the Tribal Council and the Tribal Chairman, it does not provide a clear understanding

on when that person's term begins.

12. By defining a term as being started when a person is sworn in to serve office can

easily after the intent of a term being three years as defined in the Constitution.

13.While a person filling the seat of a vacated position can assuredly not be

guaranteed to serve a three year term; therefore not abiding by the constitutional

boundaries. This type of reasoning could surely set a dangerous precedent, nor does not

guarantee the person will be afforded an opportunity to serve for two consecutive terms as

allowed by the Constitution.

14. The Constitution is clear that a term is defined as three years for a Tribal Council

position, and in the position of Tribal Chairman, and this point has not been disputed. This

petition does not dispute a term is three years, nor does it dispute the term limits set forth

in the governing document; however, Petitioner contends a person must serve three years

to have served a term, and six years to have served two consecutive terms. If Petitioner

completes a vacated term with only one year remaining, and Petitioner runs for the seat at

the next election, and serves three more years, the question becomes, will Petitioner be

allowed to run for an additional term? This is the question before this Honorable Court as

the Constitution does not address this issue.

15. Some may argue Petitioner has served two consecutive terms. The question is

whether this can be true if Petitioner has only served two terms when Petitioner has only

served four years?

16. There are those who would argue if a person fills a vacate term and serves an

additional term, if they were allowed to run for office again they would have exceeded two

consecutive terms. Two consecutive terms should clearly be defined as six years for a

person serving as Tribal Chairman or Councilmember for that particular person.

17. The fact that Petitioner filled the seat of a vacant elected official for either one or

two years should have no bearing on his two consecutive terms. A term cannot be shared

by two persons.

18.In addition, Article Vil references the vacancy in a Tribal Council position in the

event of the death of a Councilmember. It states, “A vacancy in a Tribal Council seat will

also occur automatically upon the death of a Tribal Council member or the occurrence

during the member's term...” This language clearly identifies a term in this instance as the

term as that of the Council member whose demise occurred during his/her term in office. It

gives possession of the term to the deceased Council member; therefore, the remainder of

that term cannot be the term of the person who fills the vacated position.

419. Petitioner asks for an order that will give clear guidance on the definition of a

term to allow for three year terms as defined by the Lumbee Constitution.

20. If a person is compelling a vacated term, the likelihood that term will be for three

years is virtually impossible. The Constitution does not provide language to address the

issue such as the language provided in the United States Constitution, which clearly

provides language on when a term begins to ensure a person who runs for office is

guaranteed a complete term, as well as two consecutive terms. It is clearly defined in the

United States Constitution when a person’s term begins.

21.Under the United States Constitution , when Vice-President Lyndon B. Johnson

was sworn in to complete the term of President John F. Kennedy in 1963 after his

assassination, he ran for the office of the United States presidency in 1964. After winning

the election, he served as the President of the United States for a full four year term. In

March 1968, he was allowed to run for the Office of President, but renounced the

nomination. The Constitution allowed him to run for office, and provided an opportunity for

him to have served two consecutive four terms as defined. Serving the remainder of

President Kennedy's term was not a factor in determining consecutive terms for President

Johnson.

22. The Constitution of the Lumbee Tribe does not provide the same language as

the United States Constitution; therefore, we must rely on this Honorable Court for an

Order in this matter.

23.Petitioner having served one year of a vacated term of the previously elected

Chairman, is elected for a full term, he should be allowed to seek office for a second full

term, if the Constitution of the Lumbee Tribe of North Carolina is to be upheld.

24. The time remaining in a vacated term cannot be used to define a term for the

individual completing the vacated term, nor can it be used to determine whether the

individual has served two consecutive terms.

25. Petitioner contends that if a person is completing a term for a vacated position,

they must be allowed to run for election again if they so choose. Completion of a vacated

term should not be considered serving a full term as defined in the Constitution.

26.A term is defined as three years, and until a complete six years has been served,

the person must be allowed to seek office until he or she has served six years, which

clearly is two consecutive terms as defined by the Constitution. To rule otherwise would be

to diminish the integrity of the Lumbee Constitution, and alter the clear meaning of a

constitutionally defined term.

27.As compared to others who have asked this Court to render a decision on this

issue, Petitioner has provided an affidavit to the Elections Board of his intent to file with the

fee for filing for the election of the Tribal Chairman to be held in November of 2015. A

copy of the affidavit provided to the Elections Board of the Lumbee Tribe of North Carolina

is attached hereto as Exhibit 1.

28. In addition to the notice to the Elections Board, Petitioner has has received funds

from campaign supporters, and engaged campaign workers for the operation of a

successful campaign.

29.Petitioner has paid for an advertisement announcing his candidacy for the

position of Tribal Chairman. Attached hereto as Exhibit 2 is the advertisement in the

Robesonian newspaper and the receipt showing the same paid for by the Petitioner.

30. Petitioner upon paying for the ad was interviewed by a reporter for an article in

the Robesonian. The interview was quoted in an article that appeared in the newspaper

and on the website of the Robesonian on July 25, 2015, “Brooks announces bid for reelection”. A copy of the article is attached hereto as Exhibit 3.

31.On July 28, 2015, a second article, “Lumbee Court won't rule on Brooks’

Eligibility” appeared in the Robesonian and on the website of the Robesonian with

comments from Petitioner’s opposition, but the article failed to seek comment from the

Petitioner. A copy of this article is attached hereto as Exhibit 4. This article is a clear

example of the damage that is being done to the campaign efforts of the Petitioner that will

be pervasive throughout the campaign until such time as a decision is made regarding the

definition of a term clearing the cloud of Petitioner's eligibility to run for the office of Tribal

Chairman.

32. While the filing period has not opened, the race for the position of Chairman of

the Lumbee Tribe of North Carolina is an extended process and begins long before the

filing period begins.

33. Postponing a decision on this matter would substantially inhibit Petitioner's ability

to garner support for his campaign. Postponing a decision casts doubt in the minds of

“would be” campaign workers, campaign contributors and voters, as these supporters will

be hesitant to support a candidate involved in an open litigation and potentially could be

precluded from being placed on the November 2015 ballot.

34. The issue before this Court is a constitution matter that lies between the lines of

the text of the document, and is ripe for hearing as Petitioner is currently being damaged

and will continue to suffer damage until such time this Court offers a remedy. If the

election is held without a remedy being offered, a cloud will hang over the results of any

election and may open the door for a flood of litigation before this Court.

WHEREFORE, Respondent prays this Honorable Court to:

1. Render an opinion on the constitutional definition of a term;

2. Determine whether Petitioner may rightfully seek election to another term as

the Chairman of the Lumbee Tribe of North Carolina; and

3. Any other remedy this Court determines appropriate.

This the ___ day of July, 2015.

PAULBROOKS

EXHIBIT 1

Affidavit of Notification of Intent to

File for the Election of Tribal

Chairman

LUMBEE TRIBE OF NORTH CAROLINA. STATE OF NORTH CAROLINA

COUNTY OF ROBESON

I, Paul Brooks, being first sworn, deposes and says as follows:

J am an adult without any legal disability and have personal knowledge of the matters and

things in this Affidavit.

As required by Article VIII, Section 2 of the Constitution of the Lumbee Tribe of North

Carolina, I am thirty-five (35) years of age or more, have maintained my principal place

of residence in the territory of the Lumbee Tribe for the preceding one (1) year, and have

not been convicted of a felony disqualifying me serving in the capacity of Chairman of

the Lumbee Tribe of North Carolina.

I currently serve as the Chairman of the Lumbee Tribe of North Carolina.

Under Tribal Law, the regularly scheduled election for the position of Tribal Chairman is

set for Tuesday, the 10 day of November, 2015.

This affidavit is to provide notice to the Tribal Elections Board of my intent to file for

election to the position of Chairman of the Lumbee Tribe of North Carolina.

FURTHER AFFIANT SAYETH NOT.

This the 23rd day of July, 2015. LEER ,

PAUL G. BROOKS

Lumbee Tribe of North Carolina State of North Carolina

County of ROBESON

Sworn to and subscribed before me My Commission Expires:

This the Z3day of July, 2015.

Hien vps Namnmrte [3[3/aolg

aoa OLTARY PUBLIC

July 23, 2015

Sheila Beck-Jones

Chairman, Election’s Board

Lumbee Tribe of North Carolina

Post Office Box

Pembroke, North Carolina

RE: Notice of Intent to File for the Election to Elect the Chairman of the Lumbee

Tribe of North Carolina

Dear Chairman Jones:

lam writing to provide notice to the Elections Board of the Lumbee Tribe of North Carolina of

my intent to file for the office of Tribal Chairman of the Lumbee Tribe of North Carolina. Please find

enclosed my sworn affidavit indicating my intent to file upon the opening of the filing period for the

November 2015 tribal elections

Should you have any questions or concerns in this matter, feel free to contact me at your

earliest convenience.

With regards, | remain,

Sincerely,

(a_i

Paul Brooks

Please sign below to confirm that information presented to you by Chairman Paul

Brooks has been received on today Thursday, July 23, 2015.

SM ght

Mrs. Shelia Beck-Jones

Aoustug 2 of belie

Mr. Crawley Lofklear _

Ale MAL (AS; (Le Lb. > grande os

Mrs. Mabel Revels

“Mrs. Sharee Strickland

Chhaak Ovned ve 2... Sow

Ms. Patricia Oxendine

EXHIBIT 2

Example of the Advertisement

Purchased by the Petitioner and

Evidence of Payment by the

Petitioner

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EXHIBIT 3

“Brooks Announces Bid for Re-

Election” Article Appearing in the

Robesonian on July 25, 2015

: ‘on job: creation through

economic development.

“Twant-the tribal

“. camembers to:have Jobs.

britig'in jobs to the. :

; erritory, itis time to.

_ think about tomorrow,” Brooks.

. -be-electe: by the general :

membership for'a term.of

"three years and shall notserve ~

mere: ‘than two consecutive.

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Brooks announces bid for re-election - Robesonian - robesonian.com http://robesonian.com/news/50253/brooks-announces-bid-for-re-election

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Lumberton, NC Click for Full

95.0° Mostly sunny Forecast

Brooks announces bid for re-election

Questions linger about his eligibility

First Posted: 11:43 am - July 25th, 2015 Updated: 11:43 am - July 25th, 2015. - 2188 Views

By Sarah Willets - swillets@civitasmedia.com

Paul Brooks

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PEMBROKE — Lumbee Tribal Chairman Paul Brooks has launched a bid for re-election, doing so even though some question whether he is eligible for what would be a third term.

An advertisement in Sunday's The Robesonian reveals his plan.

“My main goal is to focus on job creation through economic development. | want the tribal members to have jobs. Through the tribe's 8A program of which | played an important part, |

feel the contracts that we will get will bring in jobs to the tribal territory. It is time to think about tomorrow,” Brooks said in a statement.

Brooks said during his time as chairman, he increased the tribe's assets by $15 million, put in place programs that will bring jobs to the community and initiated the development of a

senior citizen housing facility and a new community building.

“lam very proud of the future Community Building in our tribe's oldest community of Prospect. This building will provide a place for tribal members to gather for all kinds of functions,”

Brooks said.

The announcement comes amid discussion over whether Brooks is eligible for another term as chairman.

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The constitution states that Lumbee officials “shall be elected by the general membership for a term of three years and shail not serve more than two consecutive terms.” Brooks is in

his fourth year as chairman, having won election twice, including once to fill the unexpired term of a previous chairman.

Brooks sald his efigibillly Is “very clear.”

"The Lumbee Constitution clearly says that a tribal chairman shall be elected by the members for a term of three years, To date, | have only been elected to a three-year term once. |

am now seeking to serve my second three-year term,” he said in a statement.

Two petitions have been filed requesting clarification on what exactly defines a term in tribal law.

The first petition, submitted to the court by Erie Locklear, a self-proclaimed community activist, and circulated on Facebook, asks that the Lumbee Tribal Supreme Court make a

decision on whether Brooks can serve another term.

Locklear referred to a 2004 Supreme Court ruling that defines a “term” as when a person files for a tribal office, wins the election, and Is then swom into office.

‘The second petition, filed by Anita Hammonds Blanks, a member of the Lumbee Tribal Council, asks the court to reach a general ruling on what is considered by tribal law to be an

elected term for Lumbee officials.

“itis a simple petitlon seeking a much needed clarification from this court on the ruling of taw that governs our tribe,” Blanks says in the petition.

According to the tribe’s website, the fillng period for elections begins Aug. 24 and will close Sept. 18, The election will be held Nov, 17.

Brooks' seat will be up for election along with seven seats on the Tribal Council, Those seats are: District 1, held by Evan Davenport; District 4, held by Jonathan Locklear; Disirict 5;

held by Bobby Oxendine; District 7, hald by Robert Chavis; District 9, held by Blanks; District 10; held by Terry Collins; and District 14, held by Homer Flelds.

According to the tribe's website, Chavis, Collins and Flelds “have all served two consecutive terms and are Ineligible to seek re-election,” A list of seats up for re-efection states that it

has not been determined whether Brooks is finishing his second term.

Sarah Wilists can be reached at 910-816-1974 or on Twitter @Sarah_ Willets.

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@ Billy2shoes -

Paul Brooks is correct. The law is clear.this issue has been settled by the lumbee tribe supreme Court. when Larry Townsend was in the same position, the

es court ruled that even a partial term served to fulfill some one else's term constitutes a term for re election purposes. Sorry paul, but you can't run this time. Go

home. Plant a garden

LumbeeOversight -

Anyone remember FDR? Johnson? Both served beyond 8 years. If I'm not mistaken, Brooks did finish out Swetts term, and then won the next race. If the

constitution doesn't spell it out, why not follow federal law? Meaning Brooks would be eligible to run again, just like Johnson who finished out Kennedys term,

but | think he didn't run, but was able too. Given the names | have heard that are running and planning on running, Brooks is surely the best bet of them all so

far.

Warrior111 +

A\life of public service sometimes comes at a high price!

® william

What is the mind set of a Tribal Chairman who brags about building community centers that cost millions, get a local contractor rich, yet sits empty most of the

BE. year and provides little or no practical value to the Lumbee People? Its ridiculous that a large portion of the county still doesn't have access to reliable high

speed internet; no accredited trade schools; no public pools or gyms, yet plenty of access to obesity and heart disease; high rate of unwed mothers, yet no

affordable housing; no homeless shelters; plenty of guns and crime, but no sport shooting ranges; and whats with Robeson County being the largest county in

NC, but horrible hunting and fishing, tons of huge deer, quail, dove, turkey, etc 40 miles in every direction but not in Robco.

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