Guest Commentary By Alberta Iron Cloud Miller,
Copyright © 2000 Miller
During a visit to the Red Cloud Building by representatives/elders from the Standing Rock Reservation on March 15, Chief Oliver Red Cloud advised them that the Pine Ridge Reservation is the only reservation in the nation to have three Tribal Presidents: Salway, Between Lodges and Big Crow; two Treasurers: Graham and Jacobs; and two Tribal Secretaries: Stacey Two Lance and Sandra Bush. Additionally, a third Secretary, Debbie Rooks acted as the Recording Secretary at the March 13, 2000 meeting at the Prairie Wind Casino.Adding to the confusion is the involvement of the BIA Superintendent, Robert Ecoffey, who has repeatedly stated that he cannot be involved in the intra-tribal affairs of the Oglala Sioux Tribe yet continues to meet daily with tribal officials. Ecoffey has publicly threatened to assume control of all P.L. 93-638 contracts if this issue is not resolved soon. In correspondence to Harold Salway on February 22, Ecoffey stated that the contracts are in serious jeopardy due to the Tribe's financial mismanagement. Ecoffey's daughter, Stacey, is the Coordinator for the Health and Human Services (HHS) Committee of the Tribe. Tribal employees maintain that Stacey Ecoffey is a personal friend of Chuck and Jennifer Jacobs and has been observed by FAO employees processing checks, an act for which she is not bonded.
The Grassroots Oglala Oyate maintain that Ecoffey's position as the BIA Superintendent presents a serious conflict of interest to the situation as he has been meeting with the Tribal Council at various meeting places, including a closed-door meeting in Kyle at the Our Lady of Sorrows Catholic Hall.
Tensions were high on Sunday, March 12, as reservation residents listened to the Council meeting aired on KILI radio. Discussion at the meeting was directed toward the occupation of the Red Cloud Building and the need to enact laws to support the ongoing effort to remove tribal members who have been monitoring the building since January 16, 2000. Among the actions taken by the Tribal Council on that day, and the most serious, according to many Grassroots supporters, was Resolution No. 00-15 which authorized the Oglala Sioux Tribe to request technical assistance and manpower from the Bureau of Indian Affairs; Federal Bureau of Investigation; U.S. Marshals; Bureau of Alcohol, Tobacco and Firearms; Drug Enforcement Agency; Department of Justice; and the U.S.Attorney's office for the arrests and prosecution of federal crimes and offenses and prosecution therein for crimes committed on or about the Pine Ridge Indian Reservation with coordination by Richard Erie, the Attorney General.
Other actions taken that day included the passage of resolutions which authorized the appointment of Richard Erie as the Attorney General, Chief Legal Counsel and Chief Law Enforcement Officer of the Oglala Sioux Nation; and the removal of Judge Vincent Brewer Sr. as Special Judge citing lack of funds as the reason for his removal. A tribal elder questioned the Tribe's rationale in citing insufficient funds while in the same breath, issuing a $50,000 contract for Richard Erie. The removal of Vincent Brewer Sr. was opposed by many tribal members who hold Brewer in high regard for his wisdom, knowledge and appreciation for Lakota values.
At the same meeting, the members voted to suspend President Harold Salway without pay and stripped him of all administrative duties in addition to barring him from all Tribal offices. Again, critics of the Tribal Council question the authority, legality and constitutionality of their recent actions. That night, well over 100 supporters from across the reservation, including Rapid City, rushed to the Red Cloud Building in Pine Ridge. Vows to protect the Oglala Nation were renewed as Tokalas, Viet Nam Veterans, elders and tiospaye leaders discussed the events which transpired from the meetings and offered words of wisdom and encouragement.
The following day, March 13, an OST Finance Committee meeting at the Prairie Winds Casino ended abruptly when committee members received a message that the police officers were on the way. Onlookers in the parking lot and inside the casino described the scene as having a cartoon like effect with images of Council representatives rushing to their cars, tires squealing with looks of paranoia as the group rushed westward off the reservation. An anonymous source stated that the group proceeded to Hot Springs where the group met later with Richard Erie, attorney for the Tribal Council. The Council has been dubbed by many as the "renegade" Council due to the belief that the group is acting without authority from the OST Constitution and By-Laws.
Earlier in the day, Erie was excluded from the Pine Ridge Reservation at the request of a Public Safety' Board of Directors directive for law enforcement to remove him from the Reservation boundaries. Erie complained of heart attack symptoms and was taken to Pine Ridge Hospital and three hours later was released to officers who escorted him to the reservation line. Erie was met at the Reservation line by Gerald "Jump" Big Crow and Craig Dillon, according to police reports. Erie has been accused of being an instigator in the ongoing confusion involving Chuck Jacobs, the suspended Treasurer; the Tribal Council Representatives; President Salway; and the Grassroots Oglala Lakota Oyate.
Assistants to President Salway have verified that Erie falsified his resume and that he is in fact, not admitted to the Bar Associations of the states mentioned in his resume. Letters of verification from the Bar Associations in South Dakota, Arizona, and Montana indicate that Erie is not admitted in those states. According to many tribal members, the tension on the Pine Ridge Reservation has increased since Erie's arrival. Erie, with combined duties as the Attorney General, Legal Counsel and Chief Law Enforcement Officer, has aggressively led the charge to remove President Salway and the occupants of the Red Cloud Building. Tribal Council supporters initially introduced Erie as a member of the Old Horse family, later the White Elk family and finally, the Fool Head family from Medicine Root District but Joan Decker, OST Enrollment Office, has verified that Richard Erie is not an enrolled member of the Oglala Sioux Tribe and that the burden rests on Erie to prove his Oglala heritage.
In his introductory letter to Manuel Fool Head on 8-29-99, Erie claimed to be an Oglala Lakota from Pine Ridge and proposed that the Oglala Sioux Tribe employ him as a Tribal Attorney and National Lobbyist. A group of twelve Tribal Council Representatives did approve an Attorney contract for Erie on 2-17-2000 by a vote of 10 yes and 2 abstaining. Reports from the Tribe's Finance Office reveal that Erie has already received a substantial sum from the Oglala Sioux Tribe as part of the $50,000 annual contract. Bob Ecoffey, BIA Superintendent, informed the Grassroots Oglala Oyate group that neither Erie nor Jane Colhoff have an approved contract as required by the Bureau of Indian Affairs' approval process for attorneys.
Central to the pot of wojapi is the confusion surrounding the legality of court orders issued by Chief Judge Patrick Lee. It should be noted that the OST Council did suspend Wesley "Chuck" Jacobs on January 31, 2000 without pay as charges were filed against Jacobs by the Wakpamni District. On February 25, 2000, the Council did meet, despite their suspension, and moved to reinstate Chuck Jacobs as the Treasurer with an order for back pay. On February 29, thirteen Council members: G. Wayne Tapio, Gerald Big Crow, Michael Her Many Horses, Craig Dillon, Maxine Lakota, Marlin Weston, Ruth Brown, Blaine Little Thunder, Paul Little, Floyd Brings Plenty, Pete Richards, Taylor Little Whiteman, and Manuel Fool Head filed a Writ of Prohibition against the Tribal President to cease and desist from interfering with their lawful constitutional duties. In his March 9th ruling, Judge Lee ruled that the Council Representatives are not suspended and have never been suspended, thereby negating President Salway's suspension of thirteen council members on February 24, 2000.
The actions of the Court have set a precedent whereby the Court can now decide on constitutional issues of tribal government. While the Constitution and By-Laws of the Oglala Sioux Tribe clearly outline the powers of the President, the Court has determined otherwise. So now, many Oglala members wonder who really is the President, Treasurer, and Secretary. The actions of the Superintendent and the Chief Judge in the events since January 16, 2000 indicate that maybe we have five Tribal Presidents! The wojapi nightmare will no doubt end with the formation of a government which reflects laws based on human/natural law, rather than procedural law.
*Wojapi is a mixed berry pudding. When something is "like wojapi," it is "all mixed up."
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For further information, concerning the occupation contact:
Grass Roots Oglala Lakota Oyate
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