CARNEGIE — Impeachment proceedings against Kiowa Chairman Matthew Komalty are on hold due to a temporary restraining order issued by the Court of Indian Offenses.
Judge Shannon Edwards recently granted Komalty’s request for a restraining order, citing questions over whether the proceedings would protect his right to due process as well as whether the hearing would observe COVID-19 prevention protocols, such as social distancing and requiring masks.
In his motion, Komalty claimed he did not receive a witness list until the day of the hearing. He also claimed that he believed at least two members of the Kiowa legislature were positive for COVID-19 as of Thursday.
Passed unanimously by the tribal legislature in June, Komalty faces five impeachment counts, including allegations he violated the tribe’s constitution by spending CARES Act money without first getting a budget approved by the legislative branch or the Kiowa Indian Council, which is open to all Kiowas over age 18.
CARES Act funding is money provided by the federal government to state, local and tribal governments to help them navigate the impact of the COVID-19 outbreak. Fund payments are determined by the Secretary of the U.S. Treasury in consultation with the U.S. Secretary of the Interior and American Indian and Alaska Native tribes.
As adopted in 2017, the Kiowa tribe’s Constitution includes language that all revenue sources are part of the tribe’s budget and that the budget – or any changes to it -- must be approved by Kiowa voters. The executive branch has maintained that the CARES Act money is comparable to federal grants, which it has overseen in the past.
However, before the restraining order was issued, the tribal legislature still conducted a socially distanced hearing and questioned witnesses for two hours at Red Buffalo Hall Thursday. Komalty did not attend.
“Whether it’s good or bad, this is still part of our history,” Speaker Angela McCarthy said. “This has never been done before. It’s part of our new laws and new constitution. We hoped it would never come to be, but we are going to have to proceed anyway.”
The hearing was already postponed one week due to concerns about potential COVID-19 exposure. During the two-hour questioning of witnesses, the seven members of the Kiowa Legislature wore masks. Speaker McCarthy also announced at the start of the proceedings that all seven members of the legislature tested negative for COVID-19.
Judge Edwards is scheduled to hear arguments via Zoom Wednesday of this week on whether to enact an injunction and extend the impeachment proceedings’ holding pattern.
A separate injunction is still in place. That order prevented the tribe from spending the balance of its $19.5 million in CARES Act money until a budget is approved by the Kiowa legislature and Kiowa Indian Council. About 500 applications for assistance were pending at the time Edwards issued the injunction.