Political Ignorance Leads in an Attempt to Cover Up Civil Rights Violations

 As I have stated in my last article, I have been doing an investigation on the Rosebud Sioux Tribe Law Enforcement Class A commissions.  A Class A commission under RST Ordinance 91-05 grants Rosebud Sioux Tribe Law Enforcement the authority to enforce Tribal Law Under Title V of the Rosebud Sioux Tribe Law and Order Code.  As stated before, a process spelled out in RST Ordinance 91-05 has to be followed in order for the Class A commissions to be valid to enforce Tribal Law.  If you do not have a RST Class A commission or a valid Class A Commission in accordance to RST Ordinance 91-05, you can't lawfully enforce Tribal law.

Throughout this investigation, I requested RST Judiciary minutes from year 2019 to present day.  I have received only six sets of RST Judiciary minutes from January 2019 to June 3, 2022.  This tells me the RST Judiciary Committee has only met six time in three years.  The RST Secretaries Office confirmed they only have six meeting minutes in three years.  I have heard, well because of COVID RST Committee's were not meeting.  I was also told by the RST Secretaries Office and reliable sources, the Tribal President say the Class A commission's are not an issue because of COVID and RST Resolution 2020-175.

If you are not familiar with RST Resolution 2020-175, the Tribal Council approved this resolution back in early 2020 when the Tribe shut down because of COVID-19.  Resolution 2020-175 from the Tribal Council gave the Tribal President at the time, perceived executive authority, signature authority without following Tribal Legislative Law, and approval authority over Tribal funds up to a certain amount.  Rather than come together like a competent government and amend Ordinances to fit some changes implemented by the Tribe for COVID-19, Tribal Government went into panic mode and allowed emotions to dictate emotional decisions by Tribal government.  Remember emotions are not a lawful exception to the law.

For the sake of political ignorance, a Tribal Resolution (2020-175) does not supersede a Tribal Ordinance or the Tribal Constitution and By-Laws in any shape or form.  I'll start with common sense by explaining how Tribal Laws and Tribal Legislative Law work.   It's sad that elected officials with vast years and terms of experience still can't lawfully follow the Tribal Constitution and Ordinances.

1. In Article 1. Duties of Officers, Tribal President, it clearly defines the authority of the Tribal President.  The Rosebud Sioux Tribe Constitution dies not grant the Tribal President the authority to approve executive orders nor be the sole signature without Tribal Council Resolution or direction in respect to Tribal legislation.

2. In RST Ordinance 86-13, Rosebud Sioux Tribe Council Rules of Order, Section J. Priority of Enforcement, the governing document is the Rosebud Sioux Tribe Constitution, then an Ordinance, a Resolution, Ruling of the Chair, Tribal Council Motion, and Roberts Rules of Order.  

3. Only a Constitutional Amendment by the Tribal Membership can change the Tribal President's Constitutional Authority not a Tribal Resolution naming Resolution 2020-175.  

Tribal Council blatantly neglected their Constitutional authority and duty by not doing due diligence amending Ordinances in relation to COVID-19 times.  Tribal Council again panicked and allowed emotions to dictate them and violate Tribal legislative law.  These emotional decisions led to Civil Rights Violations against Tribal Members.  A RESOLUTION DOES NOT SUPERSEDE AND ORDINANCE ITS COMMON SENSE.  So you political attempt to justify your actions that will lead to some very serious Civil Rights Violation in relation to Rosebud Law Enforcement Class A commissions is pure political ignorance.

Ordinance 91-05 was never amended by the Tribal Council amending the process to obtain a lawfully approved Class A commission to enforce Tribal Law.  In my last article I cited Ordinance 91-05 word for word what the approval process was.  This process was not followed and the evidence proves it was not followed.  The Tribal President or the Judiciary Committee Chair person can't dismiss the Ordinance and act for a whole committee outside of a meeting and violate an Ordinance.

Presently what is happening now how the Rosebud Law Enforcement Class A commissions were approved, was the exact same way in 2007 that caused over 600 cases being dismissed in Tribal Court.  You can't back track and attempt to approve the Class A commissions retroactive, nor do you have a legal standing that your precious Resolution 2020-175 trumps an Ordinance naming RST 91-05.  It will never stand up in court and you already have a South Dakota Senior Federal Court Judge saying COVID-19 isn't a valid reason to violate a persons Civil Rights and Legal Due Process.  

The Rosebud Sioux Tribal Government is way out of line and the damage is already done.  Tribal Council met repeatedly throughout COVID-19 timeframe, I witnessed more council meetings within one year probably in a one year timeframe.  Tribal Council at anytime could have approved the Law Enforcement Class A commissions in anyone one of them meeting but failed to do so.  Political ignorance like back in 2007 by skipping motions for approval by the RST Judiciary Committee and just allowing the RST Judiciary Committee Chairperson's to sign the Commission applications in direct violation of RST Ordinance 91-05 as Tribal Council failed to amended Ordinance 91-05.

I have the Judiciary Committee minutes and I read several motions by the RST Judiciary Committee approving RST GameFish & Parks and Tribal Court staff Commissions other than a Class A by MOTION.  No where does the RST Judiciary Committee minutes reflect any Law Enforcement Class A commissions my motion.  The motion does not exist because they were never approved by RST Judiciary Committee MOTION.  So why follow the proper lawful process with other Tribal Commissions but blatantly violation RST Ordinance 91-05 and disregard the lawful process in approving the Class A commissions for Law Enforcement.  I would think the Class A commissions would be top priority in following the process so they would not be in the serious Civil Rights situation they are in now.  

Remember Tribal Government, RST Resolution 2020-175 is out of order that's common sense but not only that, RST Resolution 2020-175 was rescinded back in 2021.  Regardless of RST Resolution RST 2020-175 being unconstitutional you also rescinded the unconstitutional Resolution in 2021.  Let's see what Tribal court has to say when challenged and the 2007 disaster paved the road on how to get Law Enforcement Class A commissions approved.  In the unlawfully process being used for years to approved Law Enforcement Class A commission was the very process in 2007 where the Tribal Court dismissed over 600 cases.  So your political justification of Resolution 2020-175 is CONSTITUTIONAL AND OUT OF ORDER.

The Tribe was very lucky back in 2007 that all 600 individuals who had criminal cases dismissed did not file Federal Tort Claims back then.  I assume it will be a very different story this time and that damage is already done.  Civil Rights were violated and now to finalize the investigation and let the legals file for the motions to dismiss.  Remember, this is no ones fault except Tribal Government and the Rosebud Sioux Tribe Law Enforcement Services Administration.  You can't blame me, I'm just like the individual back in 2007 who brought this invalid Class A commissions to light.  You should've learned your lesson the first time this happened.  It's sad and unbelievable you have elected officials serving currently who were serving as elected officials back in 2007 when this very serious incident occurred.  With something this serious how could you forget the fall out of the invalid Law Enforcement Class A commissions.

The Tribe even has a politician who served many terms on Tribal Council who is now the Law Enforcement Administrator who knew what happened in 2007, and was an advocate of making sure the process was followed by Law Enforcement as a Council Rep at the time.  Now the Law Enforcement Administrator is the one responsible for violating the process leading to very serious Civil Rights Violation again.  This is the prime example of Tribal politics coming full circle and the desperate attempt to cover your rear ends but its way to late, the damage is already done, and the cat is out of the bag.  You failed the basic common sense rule of following an Ordinance.  

Where is the Tribal Attorney General in the whole mix of this?  The Tribal Attorney General is doing what he does best, being the political puppet misleading elected officials leading them to believe RST Resolution 2020-175 supersedes everything.  When he should be stepping up protecting our Civil Rights, he throws us Tribal Members to the wolves time and time again to protect that big salary.  Mr. Attorney General, you are so unethical you need to just resign immediately and I predict a bad man complaint coming against you under the 1868 Ft. Laramie Treaty Article 1.  You are a bad man by failing to protect Tribal Members Civil Rights and you need immediately removed from the exterior boundaries of the Rosebud Sioux Reservation.  

The damage is done, the legal repercussions are coming, ignorance to the laws in not a defense, and it's a new time, it isn't the good old days any more where you can lie and railroad us Tribal Members.  I say again them good old days are over we will not except political ignorance, lies, and political cover ups anymore and just walk away with our heads down.  We will challenge every unlawfully decision by Tribal Government in Tribal Court to prove to you them days are over and bring Tribal Government back into line for the people.  The Political Ignorance card was once again a nice try, but we called your bluff, were not buying it, and we are not going away.

Respectfully,

Hawkeye Waln