Recall Petition Filed Against Elected Officials And Retaliation Against Tribal Members Immediately Followed

 In my previous article I discussed the Tribal Council amending Rosebud Sioux Tribe Resolution NO. 2023-19 to give the Tribal Council and the Administrative Officer's a $10,000 lump sum salary increase.  The Administrative Officer's are defined as the President, Vice President, Secretary, Treasurer, and Sergeant At Arms of the Rosebud Sioux Tribe.  Resolution 2023-19 was passed by a roll call vote of 7 (seven) Tribal Council Representatives in favor, 6 (six) Tribal Council Representatives Opposed, 1 (one) Abstaining, and 6 (six) Tribal Council Representatives Absent.

This action by the Rosebud Sioux Tribal Council caused some major friction with the Membership of the Rosebud Sioux Tribe.  The Tribal Council failed to follow the Rosebud Sioux Tribal Constitution and By-Laws page 17, Article IV - Salaries.  Section 2. states, No Compensation shall be paid to any councilman, president, Vice President, Secretary, Treasurer, Tribal Council, or any officer out of tribal funds obtained from the federal government, except upon resolution stating the amount of compensation and the nature of services rendered, and said resolution shall be of no effect until published as a public notice in a publication for a period of 30 (thirty) days.

Rosebud Sioux Tribe Resolution NO. 2023-19 was not published for 30 (thirty) days prior to the $10,000 checks being printed and signed by the Tribal Treasurer days after the RST Resolution passed.  I want the Tribal Membership to know the Tribal Council and Administration's checks were taxed.  In a recent Antelope Community meeting, Antelope Community discussed RST Resolution 2023-19.  It was agreed by the community members discussion that, it was a violation of the Rosebud Sioux Tribe Constitution and By-Laws, A misuse of the ARPA Funds, and how this $10,000 salary increase was amended the day it passed.  This action made the local news by television and printed in local media papers.

The discussion held in Antelope Community meeting was a recall petition was warranted.  Antelope Community Members discussed how the Membership is denied from participating in Tribal Government, not being allowed to attend Tribal Council meetings, and disrespectful lack of Communication by Elected Officials.  This does not pertain to all elected officials as some are transparent and not only answer the phone but return calls.  We as a Tribe did not fully recover from the winter storms and we still had Tribal Members without propane or waiting for propane.

A lot of events transpired in 10 days, the Antelope Tribal Council Representative Jordan Rahn publicly voided her salary increase check.  I want to give Councilwoman Rahn praise for displaying high level of integrity for that action and decision she made.  I also want praise any other Tribal Council Representatives who also voided their salary increase checks.  I also heard a couple of Tribal Council Representatives who voided their checks and then had them re-issued to them.  There-issuance of the checks was not confirmed at the time of this article.  Reliable sources have confirmed two salary increase checks were issued to two Council Representatives.  This act was blatant disrespected disrespect the Tribal Membership for intentionally committing an act of dishonesty and misleading the Tribal Membership.

Back to the recent Antelope Community meeting, a motion was made to have a strategic planning session regarding preparing a recall petition. This meeting was held February 13, 2023, at 6:00 pm at the Antelope Community Building.  We had an elder from the Ideal community attend the planning session.  A lot of intelligent discussion to place in this meeting.  One of the topics of discussion was the statement President Scott Herman made. President Herman stated, people, (Tribal Members need stop complaining.) Before the planning session concluded it was the consensus of the Tribal Members in attendance to include the following Elected Officials on the Recall Petition for the following facts;

Rosebud Sioux Tribal President Scott Herman for publicly telling the media the Tribal Council did not follow the process in approving the $10,000 salary increases.  At no time did President Herman publicly change his statement therefore it is a matter of public record.  If President Herman disagreed with how the $10,000 salary increase unfolded, he at anytime could have ruled the motion to approve the resolution OUT OF ORDER.  This is clearly within his scope of authority while presiding over a Tribal Council Meeting spelled out in Ordinance 86-13 Council Rules of Order.  President Herman furthered his approval of the action by signing RST Resolution 2023-19.  If President Herman disagreed with the action that he stated publicly he could have refused to sign RST Resolution 2023-19.  President Herman signed RST Resolution 2023-19, he gave the approve to the RST Finance Department to immediately start processing the $10,000 lump sum salary increase checks.

Rosebud Sioux Tribal Secretary Nicole Marshall for also signing RST Resolution 2023-19.  A Tribal Secretary is expected to be well diverse in Tribal Legislative Law and knowing the Rosebud Sioux Tribe Constitution and By-Laws was not followed, should have never signed  RST Resolution if it was a violation of the Constitution.

Rosebud Sioux Tribal Treasurer Stephan Denoyer III for signing the $10,000 lump sum salary increase checks.  I have heard Treasurer Denoyer on several Tribal Council meetings advise Tribal Council not to take action on various Tribal moneys.  I heard Treasurer Denoyer advise Tribal Council against action related the ARPA funds in a Tribal Council Meeting.  Treasurer Denoyer did not advise against this action and knowing it violation the Rosebud Sioux Tribal Constitution and By-Laws, still made the decision and completed the act by signing the $10,000 salary increase checks.  Treasurer Denoyer at anytime could have took an ethical stand like as Tribal President and Tribal Secretary by not putting their signature to the act.

The 7 (seven) Tribal Council Representatives who voted YES for the $10,000 salary increase and they are, Norman Running Jr., Vanessa Red Hawk-Thompson, Donna Hollow Horn Bear, Eileen Shot, Martha Blue Thunder, Dwight Spotted Tail, and Dera Iyotte.  This information was from an official document from the Rosebud Sioux Tribe Secretary's Office from January 31, 2023, titled Motion Excerpt.

So based on the planning meeting a Petition for Recall of the named Elected Officials based a consensus of the Tribal Membership who attended the planning meeting February 13, 2023.  The violations stated in the Recall Petition was Mismanagement of Federal Funds, Misuse of Federal Funds, Violation of the Rosebud Sioux Tribe Constitution and By-Laws, and Violation of Oath of Office.

The Rosebud Sioux Tribe Constitution and By-Laws Article X - Bill of Rights, Section 1. Bill of Rights. The government of the Tribe including the community shall not: (b) Abridge the freedom of speech, press, expression, conscience, association, or the right of the people peaceably to assemble and to petition the government; and

Rosebud Sioux Tribe Constitution and By-Laws Article VII Initiative, Referendum, Recall and Removal, Section 3. Recall. Recall; Upon receipt and verification by the Tribal Secretary of a petition of thirty (30) percent of the number of persons who voted in the last tribal election, it shall be the duty of the Tribal Council to to call a special election to consider the recall of the elected tribal official named in the petition.  The election shall be held within 30 days of verification of the petition by the Tribal Secretary, provided that if the petition is submitted within six months of the next annual election the Tribal Council may direct that the matter be placed on the ballot of that election. If a majority of those actually voting in favor of the recall of the official, the office shall be declared vacant and filled in accordance with this Constitution.

The Recall Petition for the above named elected officials was filed today February 14, 2023, at 12:13  pm.  I took the Recall Petition to the Tribal Secretary's Office and it was stamped received with the February 14, 2023, date.

Well, apparently me filling the Recall Petition on behalf of Tribal Members who attended planning meeting upset the Tribal President.  I was informed by a couple Tribal Council Representatives that President Herman called my place of employment to report me doing POLITICAL BUSINESS on business hours.  Well, President Herman, I was on my time, my hour lunch break afforded to my by Law and Policy.  This was not POLITICAL BUSINESS, it was Tribal Members and I expressing our Constitutional Rights.  If you know there is a big difference between political acts vs constitutional rights.  WE THE PEOPLE have rights and we have every right to express them as I stated above.

Page 16 of the Rosebud Sioux Tribe Constitution and By-Laws Article 1 - Duties of Officers, Section 1. The Tribal President shall manage and administer the affairs of the Rosebud Sioux Tribe, including the supervision of tribal employees, subject to the resolution, ordinances, and instructions of the Rosebud Sioux Tribal Council.  No tribal employee or tribal members shall be subjected to unfair and political repercussions and/or retaliation by the President or any of his/her representatives in any matter.

This article will be time stamped when I post it to prove its on my own time, just like my one hour lunch break and two 15 minute breaks afforded to me by law.  If you may know, I punched out in the digital time clock and punched out on the paper time card and took a photograph of my time card for proof.  I did this because of your blatant act of retaliation and attempt to deprive Tribal Members and I of our Constitutional Rights.  

When it comes to reporting mismanagement and misuse of Federal Funds we are protected by the Federal Whistleblower Act.  Based on your actions today President Herman, I'm publicly claiming I am a Whistleblower and claim Whistleblower protection under the Federal Act.  I already claimed Whistleblower protection on other matters I reported and publicly addressed.  This is not North Korea and we have Civil Rights.  Tribal Members have the rights to express opinions, a right to free speech, to petition our government, and we have every right to complain if we are not happy with Tribal Government actions like RST Resolution No.2023-19.  So my question to you is, who are you to tell us Tribal Members we need to stop complaining?  

Based on the action of the Tribal Government since 2020 leading to present day, Tribal Members are disrespected, an elder explained how she was disrespected, and Tribal Government has developed a mindset they are untouchable and can do what they want.  We are cut off of our Constitutional Rights to actively participate in Tribal Government.  When WE THE PEOPLE the TRIBAL MEMBERSHIP actually stand up and say no, enough is enough and exercise our rights, you response with unconstitutional retaliation?  Not anymore WE say this stops now.

I want to thank the St. Francis Community for supporting the Recall efforts and any other Communities who support the Recall efforts Antelope Community started.

Respectfully,

Hawkeye Waln