The Blatant Disrespect And Violation of Tribal Members Constitutional Rights Is Now a Common Practice

 Today, May 15, 2023, I was on leave for an extra hour of my lunch break to do some business at Rosebud IHS.  The IHS business was quicker than I expected so I used my approved leave to file the recall petition taken out by a group of Rosebud Sioux Tribal Members.  I entered the Rosebud Sioux Tribal Building and no one was at the front area.  I signed in and entered the Tribal Secretaries Office and spoke with one of the Committee Secretaries.  I saw the Rosebud Sioux Tribal Secretary, Nicole Marshall in her Office.  I told one of the Committee Secretaries that I was here to file the recall petition.  The Committee Secretary looked at the forms and said you need a place for the Tribal Secretary to notarize and provided me with the notary sheet from the RST recall Ordinance.

I made copies of the attest, signature, and the place for Tribal Secretaries public notary.  I stated, the Rosebud Sioux Tribal Council passed motion selecting an individual to work with the Tribal Members on the recall process and to validate signatures pertaining the recall petition.  I asked who this person was and did not receive an answer.  At this time a Tribal Council Representative saw me and turned around and was gone for about thirty (30) seconds and then came back.  This Tribal Council Representative saw the Committee Secretary helping me at this time.  This Tribal Council Representative told the Committee Secretary she needed to get back in the RST Land and Natural Committee meeting because they were ready to start.  The Tribal Committee Secretary left to go to the Committee meeting.

I then asked Tribal Secretary Nicole Marshall who was going to notarize each signature sheet, and who was the person who was selected to work with us in relation to the recall petition.  Tribal Secretary Nicole Marshall said, "I don't want any part of this I'm going to go see Eric."  Eric is Rosebud Sioux Tribal Attorney Eric Antoine.  Tribal Secretary Marshall came back into the Secretaries Office and Sergeant-At-Arms Keith Horse Looking entered the Secretaries Office as well.  Tribal Security was standing by the entry looking in at this time.

I again asked, who is going to notarize the recall petition for me and can I get the Tribal Council Motion excerpt and contact information of who we're suppose to work with in relation to the recall petition.  Nothing but silence, no one would answer my question at this time.  I explained I made four (4) phone calls requesting the Tribal Council motion excerpt of who Tribal Council selected work with us on the recall petition and I submitted a request for information for the Tribal Council motion excerpt.  Since no one was helping me and refused to acknowledge me or my questions, I completed another requested to the Tribal Council motion excerpt, labeled second attempt, and took a picture of the Tribal Secretaries Office completed request for information request form.

I again asked if anyone was going to notarize the recall petition and no one would acknowledge me to answer me at this time again.  I signed all the notary forms and asked if I could have a copy made for me.  A Committee Secretary made me copies and handed the copies and the original recall petition signature forms back to me.  I against asked, could get the recall petition notarized and still not get a response.  I asked who can I leave the originals with.  At this time Sergeant-At-Arms Keith Horse Looking told me I could leave the Originals with the Committee Secretary.  I provided the originals and everyone stood there looking at me and at this time, I left the Tribal Secretaries office.  T no time was I unprofessional or out of line in any shape or form.  I exercised respect and professionalism while in the Tribal Secretaries Office.

On behalf of Tribal Members we were exercising our constitutional rights afforded to us in the Rosebud Sioux Tribe Constitution and By-Laws.  We as Tribal Members were denied our Constitutional due process today, I was not afforded public information for over two months now of who was suppose to assist Tribal Members in the recall petition process.  This has been a common practice of violating the Constitution by Tribal Government.  Some elected officials have their own personal opinion on the recall petition.  However, personal opinion does not supersede the Rosebud Sioux Tribe Constitution and By-Laws.  Tribal Government personal opinion does not supersede Tribal Members Constitutional Rights.

The Rosebud Sioux Tribe Secretary is the custodian of Tribal records and these records are public information when requested.  It's a common practice by Tribal Government to sensor Tribal Members and they think they have the authority to deem what is public information and what isn't public information.  Actions by Tribal Government Officials proved they do not care about Tribal Members Constitutional Rights time and time again.  Tribal Council Meetings are still closed to the public, in a recent motion by Antelope Tribal Council Rep, Jordan Rahn to open the Tribal Building and meeting back up to the public was defeated.  Why is everything a secret, why are Tribal Council meetings only aired for a short time, why are Tribal Committee meetings not on RST Channel 93 or on the radio for the full meeting duration?  

How I was treated today was very disrespectful by Tribal Secretary regardless of the situation or who the individual is, you are still elected and a public official elected to help Tribal Members.  You have a Constitutional Oath of Office to uphold.  Why didn't the Tribal Attorney come to assist me and explain the information I requested was public information and pertained specifically to me.  

The Rosebud Sioux Tribal Constitution and By-Laws, Article X, Section 1. Bill of Rights, the Government including the Community SHALL NOT: (e) Take any private property or possessor interest in private property for public use, without due process and just compensation; deny any person within its jurisdiction the equal protection, application, or opportunity of the laws;

(j) Deny to any person the access to his or her own personal information maintained by the Tribe, or to public information, which shall include but not be limited to financial records maintained by the Tribe.

Tribal Members and I were exercising our Constitutional Rights, and well within our rights to requested public information the Tribe Council delegated us requesting pertinent public information were well within out Constitutional Rights to request and possess.  This Tribal Administration has become a dictatorship and attempt control public information provided to Tribal Members.  Tribal Administration hide from the Tribal Membership in a closed public building and treat Tribal Members very disrespectfully.  We have a right to petition our Tribal Government, we have a right to complain, and we have a right to criticize our Tribal Government.  It seems when we exercise our Constitutional Rights illegal steps are taken to violate our rights.

We as Tribal Members respected the Constitutional process afforded to us and apparently to Tribal Administration, they can do whatever they want up to violating our rights.   The only way to stop this dictatorship mentality is to exercise our power to vote.  That is the only way we can change things is to send a clear message we as Tribal Members are tired of this secret Tribal Government and dictatorship being blatantly exercised against us Tribal Members.

What I have experienced today and what many other Tribal Members have experienced with this Tribal Administration of violating out rights, is the very reason I filed as a Candidate for Tribal Secretary.  Tribal Members should have access to Tribal public information upon request and received in a timely manner.  Tribal Government should not be closed to Tribal Members, Tribal Government should not be a secret kept from Tribal Members, and I would uphold my Oath of Office unlike the current sitting Tribal Secretary.  I would provide Tribal Council minutes verbatim when requested and I will create a Tribal Secretary website and publish approved Tribal Council and Committee meeting minutes for the public.  I would also publish Tribal Council minutes and committee minutes on local newspapers as it is all public information.  It is time for Tribal Members to take a stand and vote and send a clear message that we are tired of how our Tribal Government is currently operating.  

A question for all Tribal Candidates we need to ask is, why are ur seeking the position you filed for.  

Respectfully,

Hawkeye Waln