Rosebud Sioux Tribal Council Is Out of Control

 I am goin to explain how out of control the Rosebud Sioux Tribal Council is in two different subjects in this article.  I will explain how the Rosebud Sioux Tribal Council violate laws such as legislative procedures to do whatever they want.  The Rosebud Sioux Tribal Council has been allowed to run amuck for two years now.  With the Tribal building locked up to the public, Tribal Council meetings being closed to the public, Tribal Council meetings only being aired for an average of two hours if that, and lack of transparency, Tribal Council do whatever they want.  This is also condoned by the Rosebud Sioux Tribal Administration.  

If I feel something is wrong with in Tribal Government, Tribal Council is violating laws, and/or violating Tribal Members or Tribal Employees Civil Rights and Due Process I'm going to call it out.  It is 2022 and the Rosebud Sioux Tribe Constitution and By-Laws were amended in September 2007.  The Constitutional amendments from 2007 details Tribal Council's duties under Article IV, Duties of the Rosebud Sioux Tribal Council.  Nowhere in Article IV does it say Tribal Council has any administrative authority anymore.  Still to present day, Tribal Council is having a tough time swallowing that pill and still unethically act outside their scope of authority.

It's hard to be transparent to your constituents and the Tribal Membership when you hide behind meetings closed to the public.  I think it's time to start calling the kettle black and exercise the power of the Tribal Membership and utilize Article X. Bill of Rights of the Rosebud Sioux Tribe Constitution.  This article is not directed to all 20 Tribal Council Representatives of the Rosebud Sioux Tribe, however it is directed to several of the Tribal Council Representatives.  Remember Tribal Council, if you know it's wrong and you sit idle and don't call the issue out, call pint of order due to a legislative process violation or a violation of Council Rules of order section K, Priority of Enforcement you are just as guilty.

The first issue I want to address is how Tribal Council is blatantly violating Rosebud Sioux Tribe Ordinance 2006-04 the Rosebud Sioux Tribe Gaming Ordinance.  Through obtaining documents, meeting minutes, and Trial Council Action I have discovered a serious violation of the Ordinance 2006-04.  What I have discovered is, Tribal Council received an unsigned complaint against the Rosebud Sioux Tribe Gaming Office.  The unsigned complaint was distributed to the Tribal Council by the Tribal President.  If your going to file a complaint and you feel strongly about your complaint then put your name to the complaint.

Next, since the complaint was unsigned, a second complaint was submitted to the Tribal Council with a signature on the complaint.  Before I explain the correct process of a complaint against the Gaming Office, a Gaming Employee, or the Gaming Commission, please read and make sure you fully comprehend the Gaming Ordinance 2006-04.  The Tribal Gaming Commission investigates, hold hearing, and issues decisions regarding complaints.  

In RST Ordinance 2006-04, Section VII, Gaming Commission, C. states, The Tribe recognizes the importance of an independent Tribal Gaming Commission in maintaining a well-regulated gaming operation.  The Commission shall be and act independently and autonomously from the Tribe in all matters within its purview.  No prior or subsequent review by the Tribal Council of any actions of the Commission shall void potential conflicts of interest between the operation of the regulation and the gaming facility.

Section VII, F. states, The Tribal Gamin Commission authorities shall include; subsection j, Hold hearings on patron and/or employee complaints in compliance with procedures established in this ordinance and other Tribal Gaming Regulations.

Section I. talks about who cannot sit on the Tribal Gaming Commission and the first listing of who can't sit on the Gaming Commission is the Tribal Council Members.  

The complaint sites conflict of interest in the complaint that was given to the Tribal Council.  Well, this complaint was discussed at a Community meeting back in March 2022.  A family member of the complainant made a motion in the community meeting directing the Community Tribal Council Representative to bring the following motion up act the next Tribal Council meeting. The motion reads, for Tribal Council to hire an investigator to investigate the complaint and bring the findings back to the Tribal Council.  In this motion an investigator was named by the community motion.  The Antelope Tribal Council Representative did make a motion in the next Tribal Council meeting to hire an independent investigator to investigate the complaint and int he Tribal Council motion it states the selected investigator and the name of the investigator is on file.

If this does not scream conflict of interest I don't now what does.  The complainant skipped the established lawful complaint process set by ordinance, (Tribal law), presented the complaint and grievance at a community meeting, a family member of the complainant made the motion, and pushed the Antelope Tribal Council Rep to violate RST Ordinance 2006-04.  Hypocrisy isn't the way the resolve a complaint, following the established lawful process is.

So for personal gain, the community with less than 30 in attendance directed the Antelope Tribal Council Rep to violate Ordinance 2006-04 and subject the Antelope Tribal Council Rep to a potential ethics complaint.  

The correct process is was for the complainant to file the complaint with the Tribal Gaming Commission.  Have the Gaming commission investigate the complaint, have a hearing, and issue a decision.  The Tribal Gaming Commission have experienced and competent members and if a conflict of issue was raised with a member then that member could have been recused from the process.  If the complainant was not happy with the Tribal Gaming Commissions decision based on the complaint then that complainant has a right to file in Tribal Court to have the court resolve the issue.  Read RST Constitution Article XI, Section 3, the Tribal Court reserves the right to review and overturn any administrative to legislative decision inconsistent with this Constitution and the Indian Civil Rights Act.

This surprisingly all happened in an Antelope Community meetings.  I must be missing a page or an Article in the Constitution that states Communities have the authority to violate Ordinances or direct Tribal Council to violate Ordinances. I must be missing a second page of the Tribal Constitution under Article IV, Duties of the Tribal Council that states, THE TRIBAL COUNCIL CAN DO WHATEVER THEY WANT AND VIOLATE ORDINANCES WHEN THEY WANT.  I'm going to text all 20 Tribal Council Reps and ask them to provide me with this missing pages of the Tribal Constitution I don't have that grants them this authority.

This Tribal Council motion to hire a private investigator, already had the investigator in mind is OUT OF ORDER.  No Tribal Council motion supersedes a Tribal Ordinance.  Since the motion is out of order, the process was violation and not followed, the investigators report isn't worth the paper it was typed on.  All it takes is a simple filing in Tribal Court to have the court interpret RST Ordinance 2006-04 which is common sense to resolve this issue.  This is the old version of Tribal Politics at its finest.  It's time to start challenging Tribal Council actions in Tribal Court as our Tribal Constitution allows for it.   

The second issue is the so called ARPA Committee we all hear so much about.  This so called ARPA Committee is so out of order its almost criminal in nature.  The ARPA Committee was unlawfully created by a Resolution of the Tribal Council.  Well, the people we elect should read, educate themselves, and comprehend legislative procedures and Tribal Council Ruled of Order Section K. Priority of Enforcement.  All Tribal Committees are created by Ordinance and the Ordinance is approved by Resolution.  The ARPA Committee has no Ordinance, no procedures, no authority, membership, terms, or scope.  

The Tribe has a Budget and Finance Committee established already.  The Tribe has an accounting ordinance and its clear in accounting ordinance (Tribal law) that anything over $10,000 requires Tribal Council Approval by Resolution.  Apparently the Budget and Finance Committee and the Tribal President make up this ARPA Committee and authorized approval and spending of ARPA Funds well over $10,000 a blatant violation of Tribal law.  This is what I mean by people we elect think they can do whatever they want and have no knowledge of the legislative process when they are required to ethically know this process.

The proper process is to amend the Budget and Finance Committee Ordinance, amend the Account Ordinance, or even properly create and approve the ARPA Committee.  The sad thing is the Tribal Council didn't do either.  I commend the St. Francis Tribal Council Rep in the August 11, 2022 Tribal Council Meeting to make a motion to eliminate the ARPA Committee.  It was a 7 in favor, 7 opposed, and 0 not voting.  It was a tie requiring the Tribal President to break the tie.  The Tribal President voted in favor to keep the ARPA Committee.  We have conflict of interest coming for all directions in that Tribal Council Lawless Chambers.  

I hear time and time again Tribal Council Reps asking for detailed ARPA reports and they never get the detailed reports.  They get basic spreadsheets and reports that are far from detailed.  I see Tribal Council Reps getting frustrated and other Tribal Council Reps defending the ARPA Committee.  

My plan is to file a Freedom of Information Act request to the ARPA Committee for any and all expenditures from the first day to present day.  A detailed report by date, name, and about as this is federal funds and public information.  If someone says the privacy act prevents such request they don't know up from down anymore.  If the Freedom of Information Act complaints were filed against the United States Pentagon for the release of top secret UFO videos and material and the United States had to release it based on a Freedom of Information Act Request, then the Tribal can release any and all ARPA data.

Once my Freedom of Information Act request is filed and I do not received the requested detailed report of ARPA expenditures the way I want within ten (10) business days I will file for it in Tribal Court.  What our Tribal Council and the ARPA Committee fail to understand is, the days of railroading Tribal Members are over.  If Tribal Members what public information they are entitled to then we will file in court to get it.  If we win in court and still don't get the information then we will file for a motion for show cause for contempt and ask for fines and warrants until we get compliance for public information.  

If you have nothing to hide then respectfully hand over a detailed ARPA report to your fellow Tribal Council Members and the Tribal Membership.  Anyone one who wants to join me on pursuing this ARPA request please jump on the train I plan on seeing this all the way through even if it takes the court issuing an order to the ARPA Committee to turn over the report.  All it takes is for one Tribal Council Rep to call Point of Order on the Resolution forming the ARPA Committee.  As stated in Tribal law the Accounting Ordinance, anything over $10,000 requires Trial Council Approval by resolution and its unlawful to the point of criminal for a unlawful ARPA committee to be approving requests over $10,000.  Have ARPA Council meetings twice a month to approve all ARPA Proposals.

ARPA Committee of you have nothing to hide why is it so hard to be transparent with your colleagues of the Tribal Council and the Tribal Membership?  Tribal Members our Tribal Government is out of control and it's up to us to bring it back into line and remind them we are the ones who vote.  I think the behavior, perceived authority, and weakness thing our Tribal Government is so blatant, ethic is out of the question because its obvious Tribal Government can't police themselves.  It time to start the recall process.  All I want is an honest Tribal Government and we are far from that right now.

Respectfully,

Hawkeye Waln