Civil Rights Violations by the Modern Day Indian Agent Mentality

I want to explain how Rosebud Sioux Tribal Members Civil Rights continue to be violated for the past three years to present day.  It could be longer than three years pertaining to this issue I have investigated for about over a year now.  Out of respect for a a family and a friend is did not disclose this serious Civil Rights Violation sooner.  So the clear the air with the critics, I have a non-violent felony conviction.  Having a non-violent felony conviction does not take my right of free speech, expression, or right to file a complaint, lawsuit, or Federal Tort Claim.  So in all fairness you're entitled to your opinion of me and I'm entitled to my opinion supported by facts.

This all started with an April 20, 2021 publicly aired Rosebud Sioux Tribal Council meeting I was listening to.  The Rosebud Sioux Tribe Lead Background Investigator was on the Tribal Council floor answering questions about backgrounds and adjudications.  A Council Representative asked the Lead Background Investigator what background was used for Public Trust and/or National Security positions.  In short what background form was being used for Tribal Police Officer positions.

The Lead Background Investigator said, "we've (The Tribal Attorney General Office of Background Investigations) have adopted a form used by PSC to do Law Enforcement backgrounds."  PSC is a private background investigation firm and not a Federal Agency.  When a Council Representative asked, "why wasn't the Federal Questionnaire, equip SF-86 form being used?"  The response from the the Lead Background Investigator was, "we adopted this PSC form and no longer use the SF-86 because its to repetitive and long and been using the PSC form for about the past two years."  

The Council Representative again asked, "was the Public Law 93-638 Law Enforcement contract amended to get approval for this PSC background form?"  The Lead Background Investigator said, "No the Law Enforcement contract was not amended to get this PDC background form amended into the P.L. 93-638 Contract."  This is was caught my attention and I started paying very close attention to the question and answer exchange on Council floor.  This is when I started investigating this incident for potential serious Civil Rights Violations.

I went on the Rosebud Sioux Tribe Website under employment, looked at the advertisement for Police Officer, and it clearly stated in bold print, (SF-85 Background Investigation Form Required).  This may not be alarming to a individual who never read the the P.L. 93-638 Law Enforcement Contract A19AV00012 or the Rosebud Sioux Tribe Background Investigation Ordinance 05-118.  If you take time to read the approved P.L. 93-638 Law Enforcement Contract, more than ten times throughout the Federal Contract pertaining to background investigations for police officers, the legal agreed upon language states, the Contractor WILL NOT USE A BACKGROUND NO LESS STRINGENT THAN WHAT IS REQUIRED TO BE A FEDERAL OFFICE.  The key legal language is NO LESS STRINGENT.

In Rosebud Sioux Tribe Ordinance 05-118, Rosebud Sioux Tribe Background Investigations Office, is the law on how background investigations are to be performed, defines what background investigation is to be used for police officers, and due process procedures for background applicants.  This is Tribal Legislative Law approved by the Tribal Council for the Tribal Attorney General and his Background Investigation Officer personnel are mandated to obey and follow the law.

In RST Ordinance 05-118 Chapter 2, 2.1, A-Investigative Forms - The Rosebud Sioux Tribe Office of Attorney General, has elected to utilize the Federal Questionnaire for National Security position SF-86.  In RST Ordinance 05-118, Chapter 3, 3,1, B - Forms required to initiate a background investigation.  The investigation forms identified under this section will be collectively identified as the "security package" SF-86.  In Chapter 3, 3.1, B, (1) - Questionnaire for National Security SF-86.

I called the Bureau of Indian Affairs District 1 Law Enforcement Office in Aberdeen, SD just to confirm by suspicion.  I spoke with a female employee (name disclosed at this time), I recorded the phone conversation and asked the following question.  What background is mandated for a potential BIA Police Officer applicant.  The female said, "the background required for a BIA police officer position is the equip SF-86 background questionnaire."  I then asked what background is required under P.L. 93-638 police officer positions?  The female said, " in all P.L. 93-638 contracts the Tribes can't use a background LESS STRINGENT than what is required to be Federal Officer."  I stated, "So the equip SF-86 is mandated or a background that exceeds the standards of BIA with an approved P.L. 93-638 contract amendment signed of by the Secretary of Interior?"  The female said," yes, you are absolutely correct sir."

So through this investigation the Rosebud Sioux Tribe Attorney General and his Lead Background Investigator arbitrarily took it upon themselves to ignore Federal Law, Tribal Law, and change the background process themselves for Tribal police officers.  The Tribal Attorney General and Tribal Lead Background Investigator failed to request the amended PSC background form for requested amendment into the P.L. 93-638 Law Enforcement Contract.  The Tribal Attorney General and Lead Background Investigator failed to ask Tribal Council to amended Ordinance 05-118 Chapter 2, 2.1, A, Chapter 3, 3.1.B, and Chapter 3, 3.1, B, (1).  

To simplify this, the required and mandated police officer background equip SF-86 is 130 pages long.  The PSC background investigation being arbitrarily and illegally used, is only 11 pages long.  The excuse of the equip SF-86 being to long, repetitive, or short staffed does not excuse to justify legal liability and Civil Rights Violations committed against Tribal Members.  You have to follow the law no matter if it's Federal or Tribal Law and you can't make up any rules you want because you do not have that authority.

To further this, under the P.L. 93-638 Law Enforcement Contract, it also states Law Enforcement personnel are required to have a background investigation re-adjudicated every five (5) years.  Previously the equip SF-86 backgrounds were used for Tribal law Enforcement.  This tells me that the five year renewals have been adjudicated with the legal PSC background Investigative form.  With a Law Enforcement adjudicated background comes legal language allowing a law enforcement officer to perform his/her duties.

With an adjudicated background and basic training a Tribal police officer, can apply for a Special Federal Law Enforcement Commission and a Tribal Commission card under RST Ordinance 91-05.  So if the wrong background investigation being performed and adjudicated, a violation of Federal Law P.L. 93-638?  If the wrong LESS STRINGENT background being used to adjudicate Tribal police officers, are they really allowed to be hold the Special Law Enforcement and Tribal Commissions?  The BIA and Tribal Elected Officials assume the Attorney General and his Lead Background Investigator are following Federal and Tribal Law, when if fact, They are violating Tribal law and violating Tribal Members Civil Rights.

I not only blame the Tribal Attorney General for this serious Civil Rights Violation under the Tribal Attorney General Ordinance 88-01.  RST 88-01, Section 7., D. defines the Tribal Attorney General's obligation to PROTECT the Tribal and its Memberships rights.  I blame the Bureau of Indian Affairs for failure to uphold its legal TRUST RESPONSIBILITY also spelled out on the P.L. 93-638 Law Enforcement Contract.  

The BIA conduct an annual review of Tribal P.L 93-63 programs including Tribal law Enforcement and the Attorney General Background Investigation Office.  So we will hear the excuse the BIA checked the background investigation files.  Fact is during an annual contract review the Tribe or BIA selects 5 files to review and as long as the BIA sees an official adjudicated background certificate they rubber stamp it.  Te BIA fails id trust responsibility by failing to ensuring that proper required background packet being, the SF-86, is attached to the adjudication letter.  

BIA District 1 Law Enforcement you failed your trust responsibility miserably.  BIA you just subject yourself to a Federal Tort Claim, maybe many, and/or a Class Action Lawsuit against you for allowing this to happen.  

Are Tribal Law Enforcement not having the proper background allowed to perform Law Enforcement duties?  The Federal Law says no you can't.  Is Tribal Law Enforcement allowed to enforce Tribal Law against Tribal members without having a proper background related to Federal Law? The answer is no.  According to the Federal and Tribal Law in order to obtain the Special Law Enforcement an Tribal Commission a required SF-86 background is required not the 11 page background investigation form that was never approved by the BIA or Tribe.

Nationally, Civil Rights are at the forefront and we see Law Enforcement officers being legally held accountable for Civil Rights violations and murder.  This is happening at the national level so a letter to the Department of Justice is all it takes for little Rosebud to get national attention as well.  Tribal Members you have rights.  Native Americans have the most Civil Rights protection of an other race.  The United State Constitution, Civil Rights Act, Indian Civil Rights Act, and Tribal Constitution is a blanket f protection for us.  Read all these documents and the BILL of RIGHTS associated with this blanket of protection.

I have a 8 page compliant with supporting evidence of what I just explained for the US Department of Justice Civil Rights Division, Federal Public Defender's Office, and Tribal Public Defender's Office.  I again and will continue to call for the Rosebud Sioux Tribal Attorney General to immediately resign for allowing serious Civil Rights Violations like this to occur.  It's is responsibility to protect our Civil Rights yet, the Tribal Attorney General a his staff are the main ones violating our Constitutional Rights.

Respectfully,

Hawkeye Waln