Jeffrey Whalen: Oglala Sioux leaders give themselves more money for travel

Friday, July 27, 2018

OST travel getting out of hand?

By Jeffrey Whalen
Native Sun News Today Columnist
nativesunnews.today

On Thursday, July 19, 2018, the Oglala’s finance committee took action to increase the tribal council travel rate for themselves and the executive committee and are attempting to add $15,000.00 to that budget. It would be a total of $375,000.00 for the increase in a one (1) year time frame. Because we have two-year election cycles, this will mean the increase would be $750,000.00.

Also, there is a spreadsheet circulating on Pine Ridge that addresses some proposed changes in tribal council travel if the constitutional amendments are approved. This article will address the two issues of council travel increases and proposed changes to the council budget.

In order to clarify the law concerning Oglala tribal council travel it will be necessary to quote a portion of the Oglala Constitution in its By-Laws at Article IV, Salaries, Sec. 1., The salaries and expense payments of the councilmen and other officers of the Oglala Sioux Tribe may be paid out of available funds of the tribe in accordance with ordinances duly enacted, provided that no council shall enact any ordinance increasing the salaries or per diem expense payments of councilmen during the existing term of office.

This constitutional language is clear cut and understandable. We cannot change that language without a referendum vote or secretarial election. With the current constitutional language, the tribal council is prohibited from increasing their per diem and travel during an existing term.

Jeffrey Whalen. Photo courtesy Native Sun News Today

Part of the discussion in the finance committee meeting of July 19 included enacting the increase during the existing term. Council representative Jackie Siers from Wakpamni District was chairing the finance meeting and questioned, then disputed the authority of the committee to enact the increase during the existing term of office. Attorney Steve Gunn who was in the room, agreed that the constitutional language was clear, but during the discussion he also attempted to side step the constitution to partially justify the increase.

Steve Gunn’s legal advice on this occasion and on many other occasions, could be considered as bunk. When an attorney attempts to justify a violation of our constitution, then its time for them to be fired. Consider the well quoted portion of our constitution in Article IV, Powers of the Council; Sec. 1, Enumerated Powers. The Oglala Sioux Tribal Council shall exercise the following powers; subject to any limitations imposed by the Statutes or Constitution of the United States and subject further to all express restrictions upon such powers contained in this Constitution and attached By-Laws. (b), To employ legal council for the protection and advancement of the rights of the Oglala Sioux Tribe and its members.

It seems very clear that the attorney Steve Gunn must adhere to the law and be subject to the restrictions in the tribal constitution AND its By-Laws. The issue of attorney Steve Gunn attempting to skirt the By-Laws in terms of increasing travel and per diem is not good. He does not have any authority to give bad legal advice and according to (b) above, he can only be used to protect the rights of the tribe and its members. According to the tribal Constitution, he cannot be used for anything else.

Here, we have rogue finance committee members who was questioned repeatedly by their own chair about the legality of their motion to increase travel. And we have an attorney who seems to be split on agreeing with the chair prohibiting increases in travel during an existing term, while at the same time giving terrible advice to the finance committee in an attempt to justify violating the constitution.

We need to bring back attorneys like Marvin Amiotte and Peter Caposella, who were not afraid to tell the council when they are violating the law. Instead, we have attorneys today who are eager to please the council at the expense of the Oyate and our Constitution.

The tribal council came into office with a previously authorized travel expenditure of $35,000.00 per year. During their second year of the term, they reduced their travel to $25,000.00 which is okay. But they are now attempting to increase the existing term of travel to $40,000.00 which would be a violation of the constitution.

As mentioned above, the increase would be $375,000.00 per year but that figure is on top of what they are already getting for this term which is approximately $625,000.00 which includes the executive board travel. The total spending would be right around 1 million dollars for travel from now until the next 4 ½ months when their terms end.

They will have $3,333.33 per month just to travel on until December 2018. Have you had enough of this financial abuse by your elected leaders yet?

The issue of council travel increases, during an existing term of office, is going to be heard on the tribal council floor in their next session. Stay tuned to the radio, read this newspaper, or go to the council meeting and express your opinion on what they are doing.