Tribal Member Civil Rights Violations Blatantly Violated, Bombshell Report

 I first would like to apologize for the time lapse from my last post to this current post.  I took some time for myself to pray.  I have been actively investigating a serious Civil Rights Violation by the Rosebud Sioux Tribe Law Enforcement Services.  It has taken some time getting the information I needed.  Today, I finally received the information and evidence I needed to prove the serious Civil Rights Violations.  I was investigating if the Rosebud Sioux Tribe Law Enforcement sworn personnel possess for valid and properly approved Tribal Class A Commission cards.  

Tribal Commission Card defined; Under Rosebud Sioux Tribal Ordinance 91-05 it list several classes of commissions such as Law Enforcement Class A, Security Guard Class B, and so on.  Rosebud Sioux Tribe Legislative law states you have to have a properly approved Tribal Commission card as I will explain in detail.  Rosebud Sioux Tribe Law Enforcement sworn personnel have to have a properly approved Class A commission card under RST Ordinance 91-05 in order to enforce Tribal Law within the exterior boundaries of the Rosebud Sioux Tribe or on any Tribal Trust lands.  If you do not have a properly approved Tribal Commission card you cannot enforce Tribal Law. 

Rosebud Sioux Tribal Ordinance 91-05, Policy for Issuance of Tribal Commissions;

2. Issuing Authority: Tribal Commissions shall be issued by;

a) the application goes to the Tribal Court (chief judge or associate judge in his.her absence) for review and recommendation.

b) then to the Judiciary Committee for review and recommendation.

c) and finally to the Tribal President for approval and issuance.

So to obtain a properly approved Rosebud Sioux Tribe Law Enforcement Commission card, to be granted authority to enforce Tribal Law to include make arrests and make preliminary criminal charges you have to lawfully follow the above process;

1. Complete the commission application attached to RST Ordinance 91-05

2. Take the  commission application and the commission card to the Tribal Chief Judge.  The Tribal Chief Judge reviews the commission application to make sure it's complete, the Chief Judge signs the Commission application and commission card.

3. The Chief Administrator, Captain of Police, or Supervisory Special Agent presents the commission application and commission card at a duly called RST Judiciary Committee meeting.  The Tribal commission application has to have the flowing attachments, proof of successful completion of an approved and accredited Law Enforcement basic training, a copy of the Law Enforcement personnel's favorable background adjudication letter, and verification of successful completion of firearms qualifications.

4. This is all presented to the RST Judiciary Committee to review and make a motion to approve a 2 year permanent or 6 month temporary Tribal Class A commission.  As the RST Ordinance 91-05 requires recommendation by the RST Judiciary Committee.  A Recommendation is a motion with majority of the RST Judiciary Committee in favor to approve the Tribal Commission.

5. The final step is for Law Enforcement administration to obtain the Judiciary Committee motion exert from the Tribal Secretaries office and then present it motion exert and commission card to the Tribal President for approval.  The final signature by the Tribal President validates the Tribal Commission and the Law Enforcement personnel is able to enforce Tribal law and make arrests.

The lawful process to properly obtain Tribal Class A commission and the commission card was not followed by Rosebud Sioux Tribe Law Enforcement administration.

Historically, in 2007 this unlawful practice was used to circumvent the lawful process of obtaining a Tribal commissions and Tribal commission card.  At this time some elected officials raised the issue that the process of Tribal Law Enforcement commissions and commission cards being granted are in violation of Tribal law in RST Ordinance 91-05.  At this time the first step with the application and recommendation from the Tribal Chief Judge was properly followed.

In 2007 the Law Enforcement administration was taking the commission applications directly to the chairperson of the RST Judiciary Committee and the chairperson was signing off on the application without a motion recommending approval from the whole RST Judiciary Committee.  Then, the commission application and commission card was taking to the Tribal President for approval and signature.  A investigation ensued and the RST Attorney General at the time issued a legal response stating, RST Law Enforcement did not follow RST Ordinance 91-05 and by-passed the RST Judiciary Committee and had just the RST Judiciary chairperson sign off on the application.

The ruling in 2007 was the RST Law Enforcement commission cards issued were not valid and Law Enforcement administration violated RST Ordinance 91-05.  Based on this legal decision in 2007, the Tribal Chief Judge dismissed over 600 criminal cases based on the RST Law Enforcement administration didn't follow the proper commission process stating, since the law Law Enforcement commissions did not go through the proper approval process, Law Enforcement sworn personnel could not enforce Tribal Law causing the 600 criminal cases to be dismissed

We now have the exact same issue to current day with the issuance of Law Enforcement commission cards.  The RST Law Enforcement administration was having the chairperson of the RST Judiciary committee sign off on the commission applications outside of a RST Judiciary Committee meeting without a motion recommending approve in a duly called RST Judiciary meeting with a majority in favor vote.  

You ask how do I know this, I was a sworn Law Enforcement officer in 2007 and I clearly remember this investigation and clearly remember over 600 Tribal Criminal cases being dismissed. At the time, our Law Enforcement administration did not follow the law in getting our commission applications and commission cards lawfully approve in accordance to RST Ordinance 91-05.

Recently, I called the Rosebud Sioux Tribal Secretaries office and requested the minutes from the RST Judiciary Committee and motion exerts approving RST Law Enforcement Class A Commissions.  What I received was a letter dated May 25, 2022 addressed to a RST Committee Secretary from the Rosebud Sioux Tribe Law Enforcement Services Administrative Assistant.  This letter on Law Enforcement letterhead has the names of all sworn Law Enforcement personnel with the month and year of issuance of a Class A commission and the month and year of the 2 year expiration of the commission card.  Note, all RST sworn law enforcement personnel names are on the letter except the current captain of police.

Attached was some RST Judiciary Committee minutes from August 20, 2021.  The RST Judiciary Committee minutes contained a motion made by the Judiciary Committee approved Class C, D, and E commissions for RST Court personnel not Law Enforcement personnel.  I called back to the RST Secretaries office and stated, the minutes had nothing to do with the RST Judiciary Committee making motions to recommend approval of Law Enforcement Class A commissions.  I stated, and again requested the RST Judiciary Committee minutes with the months and years listed on the Law Enforcement letterhead.

I then received a call back from the Committee Secretary and they stated, the RST Law Enforcement Captain of Police called the RST Judiciary Committee Secretary stating they had an issue with the commission cards.  I was told by the Committee Secretary, the RST Judiciary Committee Chairperson was just signing off on the Commission applications.  So I asked the magic questions to the Committee Secretary, so you are telling me just the RST Judiciary Committee Chairperson was signing off and their was never any motions made recommending approval or no RST Judiciary Committee minutes exist with approval of all the names with months and years on the Law Enforcement letterhead?  The Committee Secretary stated yes, the Judiciary Committee chairperson was just signing off on the commission and no Judiciary minutes exist with motions approved the Law Enforcement Class A Commissions.

So now we have a very serious issue amounting to history repeating itself amounting to serious Civil Rights Violations against Tribal Members.  The very same RST Law Enforcement administration we entrust to follow the laws as well as enforce the laws blatantly disregarding Tribal Law and are violating Tribal Law.  

In RST Ordinance 91-05, 10. MUST BE CARRIED: Unless otherwise specified by the RST Law and Order Code, the penalty for not carrying a tribal commission shall be a Class A or other tribal members as prescribed in Title 5, Chapter 16, Section 8, "Impersonating and Officer or Public Servant and for non-tribal members, exclusion from the restricted lands of the Rosebud Sioux Reservation as prescribed in Title 8, Chapter 10, "Removal of Non-Members."

In RST Ordinance 91-05, 11, ETHICS: Any person issuing a tribal commission in violation of this policy shall be subject to the Tribal Code of Ethics cited in Article II of the By-Laws of the Rosebud Sioux Tribe Constitution.  

What we have here is, Tribal Class A commissions unlawfully issued in violation of Tribal Law.  No sworn RST Law Enforcement personnel can enforce Tribal laws without a valid and properly lawful approved Class A Tribal Commission and Commission Card.  Yet, Tribal Members are being arrested daily, having unconstitutional bonds being placed on them, and being convicted based on unlawful arrests.  This is as serious of Civil Rights Violations legal due process as it gets.

You can't use COVID as an excuse because 1. a Federal Judge, Charles Kornmann issued such ruling stating COVID-19 is not a valid legal argument to violating a persons legal due process and Civil Rights, 2.  The Tribal Council met throughout the COVID-19 Pandemic, and 3. The RST Judiciary Committee met throughout the COVID-19 Pandemic.  All the names on the Law Enforcement letterhead could have been presented at a RST Judiciary Committee meeting anytime a duly called meeting was held wit a quorum present to get a motion recommending approval.

Based on the 2007 Tribal Commission legal interpretation, I call on all Tribal Public Defenders and Tribal Court appointed attorney's to file motions to dismiss.  Failure by RST Law Enforcement administration to follow the lawful process of properly obtaining a Class A commission in violation of Indian Civil Rights Act and the Rosebud Sioux Tribe Constitution and By-Laws Bill of Rights.

Again, I ask where is the Tribal Attorney General on these Civil Rights Violation issues against Tribal Members?  I have called for your public resignation and now its time for Tribal Members to call for accountability within Tribal government and protect us Tribal Members.  I sure hope a whole slue of Federal Tort Claims are filed Civil Rights Violations in relation to history repeating itself on the Tribal Commission application and card issue. The RST Attorney General needs to be terminated for cause immediately.  Federal Tort Claims need to be filed in mass against RST Law Enforcement, Tribal Court, RST Attorney General, and the RST Chief Prosecutor as they are all Public Law 93-638 Federal Contracted Programs and positions.

The Tribal Chief Judge or Acting Chief Judge is put in the same situation as in 2007 to dismiss a mass of criminal cases for RST Law Enforcement administration violating Tribal law.  Precedence was already set in 2007 for violation of Tribal law in relation to RST Ordinance 91-05.  RST Law Enforcement personnel caught wind I was looking into the Tribal Commission application and card issue, and in past couple days have made the statement acknowledging they have a serious issue with the Class A Tribal Commissions.

The fact is, its to late to back track the damage is done, the overt act was completed again, so now all you can do is hope for a emergency RST Judiciary meeting on July 9, 2022 to ratify the Tribal Class A commission applications and cards by Judiciary motion to come into compliance with Tribal law.  In a situation like this with Blatant Civil Rights Violations and Legal Due Process Violations, all you can do is own your mistakes and make the wrong right and wait for the legal repercussions against you that will be coming.

There isn't a prayer, a political stunt, or a corrupt political action that can correct the damage of Civil Rights Violations and Legal Due Process Violations already completed.  All it takes in one Public Defender to file a motion to dismiss, call the RST Law Enforcement administration, the Judiciary Committee chair person, Judiciary Committee Members as witnesses to get the truth in a dismissal hearing.  Better yet, let's see if the political puppet of Attorney General the Rosebud Sioux Tribal employs actually steps up to protect Tribal Members Rights for once.  I highly doubt the RST Attorney General has an ethical bone in his body to courageously step up and protect Tribal Members Civil Rights.  

Can the unethical RST Chief Prosecutor set her unethical ego aside and admit the wrong and protect Tribal Members Civil Rights for once rather than violate Civil Rights daily?  We probably have a better chance of seeing Santa Claus and the Tooth Fairy sitting at a drum singing pow wow songs but I'm giving them the benefit of the doubt in this serious Civil Rights Violation issue.

With a flood of Federal Tort Claims filed just maybe we can sue the BIA for failed Trust Responsibility under federal contracts for failing to hold annual contract reviews for two years now.  Remember the BIA also need to be held accountable in this process, as they still have a Trust Responsibility to the federal contracts for technical support and contractual compliance to the federal contracts awarded to the Rosebud Sioux Tribe.  This should get the BIA's attention.

In closing I have requested in three separate letters, I spoke with the RST Judiciary chairperson through text message and one Judiciary member by phone requesting three hours in a special Judiciary meeting to hear my Civil Rights Complaints.  I have yet to hear a response from the RST Judiciary Committee chairperson or been notified of a date I'm on the Judiciary Committee agenda.  The RST Judiciary Committee hears public complaints and issues all the time yet they ignore mine.  Sovereign Immunity only protects you so far and for acting within your constitutional scope of duties.  When you step outside of the constitutional scope of your duties, ignore, and become ignorant to Tribal Members Civil Rights, that Sovereign Immunity protection goes out the window.  

Respectfully,

Hawkeye Waln