Rosebud Elected Officials Perceived Constitutional Authority

 The Rosebud Sioux Tribe Constitution and By-Laws were amended in September 2007 through the secretarial election process.  I have taken the time to read and fully comprehend the Rosebud Sioux Tribe Constitution and By-Laws.  In the past two years I have seen Tribal Government alienate the Tribal Membership.  Tribal Government business on Rosebud has become top secret from the Membership.  We use the pandemic as an excuse but that is only an excuse.  I have seen Tribal Council act outside of the scope of the Tribal Councils Constitutional duties.  I seen Tribal Council motions and resolutions being made inconsistent with Constitutional authority.

If you watch a Tribal Council meeting, it may be on the radio or live streamed for about 2 hours.  The Membership is lucky if we even get an hour of Tribal Council coverage in the afternoon.  We all know the Casino report, legal issues, and business negotiations are not aired but, everything else should be.  I have seen how Communities have been cut out of Tribal Government recently.  Tribal Council have adopted a dictatorship mentality cutting out the Memberships and Communities right to participate.  Tribal Council has forgot the governmental structure.  Tribal Council has forgot We the Membership and Communities direct them to bring forward our business, they don't do whatever they want.

Recently I have seen Tribal Council get involved in personnel issues, again trying to micromanage the day to day operations of the Tribe.  In Article IV, Duties fo the Tribal Council, Section 1, (a) through (v) it details the Tribal Councils Constitutional authority.  Nowhere in Article IV (a) through (v) does it state Tribal Council has Constitutional or Administrative authority in relation to personnel.  Why is Tribal Council getting involved in personnel issues we ask.  It's called perceived authority, and no one calls out Tribal Government or hold them accountable.

I 'll give you an example of, do what I say, not as I do.  For some time the Membership was without an Ethic Commission.  You ask why this is an issue.  It's in issue with the checks and balances of Tribal Government accountability.  With no Ethic Commission in place, the Membership had no way attempt to hold elected officials accountable.  Seating an Ethic Commission should have been Tribal Councils priority and failure to do so by putting it off proves the Membership is being disrespected.

The Tribal Council must have a top secret page of the Constitution the Membership don't have that states, Tribal Council can do whatever they want and how they want.  Please share this page with the Membership so we have all the pages of the Tribal Constitution.  If this top secret page don't exist then follow the constitution like you expect the Membership and Tribal employees to follow the Policies and procedures you passed.  Remember we passed the Constitution and it's a two way street here.

The Tribal President's Constitutional Authority is to run the day to day operation of the Tribe in accordance to the Constitution, Ordinances, and Resolutions of the Tribal Council.  The Tribal President supervises all Tribal employees according to the Constitution.

I ask why does the Tribal President invite Tribal Council and Tribal Committees into personnel issues when in fact they have no Constitutional authority with personnel issues.  When a personnel issues comes to the Tribal Council floor there is a word in the Council rules of order call "Point of Order".  It's the duty of the Sergeant of Arms, the Tribal President, or a Tribal Council rep to call point of order not allowing personnel issues on the Council floor.

We as the Membership and Tribal Employees have due process and they have to follow the process.  Nowhere in the process does it mention Tribal Council.  So the Tribal President needs to stop inviting Tribal Council in personnel issues.  Mr. President it's your job and your constitutional authority to resolve personnel issues in accordance to the Ordinance 07-09.  In the case of a Chartered Entity or the Casino or Gaming they have boards and commissions with policies and procedures establishing a process to handle personnel issues.  In the case of a Chartered Entity or the Casino or Gaming,  does the Tribal President even have authority over personnel.  The answer is no, that's why the Tribal Council selects Tribal members to set on boards and commissions and have approved policies and procedures.  There is a process and Trial Council isn't in that process.

The Tribal Vice President really has no Constitutional authority other than assuming the Tribal Presidents Constitutional authority in the Tribal Presidents absence.

The Tribal Secretary is the keeper of all Tribal records and publishes Tribal Council minutes to the Membership.  The Tribal Secretary has a star to assist them within Tribal Committees.

The Tribal Treasurer is the responsible for Tribal funds and reporting to Tribal Council.  The Tribal Treasurer is suppose to publish the Tribal budgets within 30 days of Tribal Council approval for information to the Membership.  The Tribal Treasurer has no other Constitutional Authority other than the Treasurer is a check signer.  It has been reported recently the Tribal Treasurer has made some arrogant disrespectful comments to Tribal Members/Employees stating, "Remember I sign your paychecks".

Well Tribal Treasurer you are right, the only Constitutional authority you have is being a check signer.  You have no administrative personnel authority over the finance staff.  You are budgeted 2-3 personnel you supervise, but you do not have Constitutional personnel supervision over Tribal Employees.  The CFO is the supervisor of the Tribal Finance staff, and the Tribal President is the supervisor of the Tribal CFO according to the Constitution Article 1- Duties of Officers.

Can you please provide the page in the Tribal Constitution that grants you personal supervision over Tribal Employees other than the employees named in the Tribal Treasurer's budget.  Does this secret page exist?  When you make arrogant statements to Tribal employees such as, "Remember I sign you pay checks".  Remember under Article X of the Constitution, Bill of Rights, Section 1, Bill of Rights. The Government of the Tribe including the community shall not: (e) Take any private property or possessor interest in private property for public use, without due process or just compensation, deny any person within the jurisdiction the equal protection, application, or opportunity of the law;

So the arrogant statement of," Remember I sign your paycheck" is threat of a potential Civil Rights violation placing your Tribal bond in jeopardy.  Tribal employees work and earn them paychecks have established that private property or interest over them paychecks according to the law.  So you "Remember", your only Constitutional Authority is to sign them checks so don't be threatening Tribal Members and just sign them checks.

Tribal Council, start being transparent to the Membership and don't be afraid to publish monthly Tribal Council reports to us.  Not everyone attend community meetings and the Membership has a right to now what's going on within Tribal Government.  Attend Community meetings create dialog with the Membership, and remember don't be afraid to answer them Tribal phones.

All you elected officials are giving what's called an ordinance digest.  In this book it has everything you need to do your job for us.  It has a constitution it has everything in it.  If you feel it's missing something you can walk 20 yards to the Tribal Secretaries Office and get what you need.  I have high hopes for new young Elected officials and encourage you to read, don't be bullied by invisible monster in the Tribal Council Chambers.  You are 1 vote and you have your voice so use it.  Speak up, even if you're criticized, remember, criticism comes along with the job.  Read and learn, don't let that structural clique prevail leaving the Membership to suffer.  You are there for us not for yourself.  

Respectfully,

Hawkeye Waln