removal

Hoopa Valley Tribe: Recall, Removal, & Vacancies Excerpt

Year

ARTICLE VII - VACANCIES, REMOVAL, RECALL AND REFERENDUM

Section 1. If any member of the Tribal Council or other elected official shall die, resign, be removed from office or shall be found guilty while in office of a felony or misdemeanor involving moral turpitude in any Indian, State or Federal court, or if he shall miss three (3) consecutive regularly scheduled meetings of the Council without being excused by that body, the Council shall declare that position vacant. If more than six (6) months remains in the term of the position the election board shall conduct a special election of the voting membership for the purpose of filling the vacancy. If less than six (6) months remains in the unexpired term, the Council shall appoint a representative to serve the remainder of the unexpired term.

Section 2. REMOVAL: The Tribal Council may by five (5) affirmative votes, expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken on the matter, such member or official shall be provided a written statement of the charges against him at least five (5) days before the meeting of the Tribal Council before which he is to appear, and an opportunity to answer any and all charges at such designated Council meeting. The decision of the Tribal Council shall be final.

Section 3. RECALL: Upon receipt of a petition signed by one-third (1/3) of the number of voters, who were registered to vote in the last election, calling for the recall of any member of the Council or election board, it shall be the duty of the election board to call and conduct within forty-five (45) days an election on such recall. Recall shall be effective only if a majority of the Tribe's registered voters shall vote in favor of such recall. Once a member has faced a recall attempt, no further recall action may be brought against him until at least one (1) year has passed. No member of the Council shall be subject to recall action within the first six (6) months of his term. 

Native Nations
Topics
Citation

Hoopa Valley Tribe. 2012. "Constitution and Bylaws of the Hoopa Valley Tribe." Hoopa, CA.

 

Jamie Fullmer, Rebecca Miles and Darrin Old Coyote: Our Leadership Experiences, Challenges, and Advice (Q&A)

Producer
Archibald Bush Foundation and the Native Nations Institute
Year

Jamie Fullmer (former Chairman of the Yavapai-Apache Nation), Rebecca Miles (Executive Director and former Chairwoman of the Nez Perce Tribe) and Darrin Old Coyote (Chairman of the Crow Tribe) field questions from seminar participants about how they have negotiated the fundamental challenges of being leaders of Native nations.

This video resource is featured on the Indigenous Governance Database with the permission of the Bush Foundation.

Resource Type
Citation

Fullmer, Jamie, Rebecca Miles and Darrin Old Coyote. "Our Leadership Experiences, Challenges, and Advice (Q&A)." Nation-Building Strategies: A Seminar for Newly Elected Tribal Leaders. Bush Foundation and the Native Nations Institute for Leadership, Management, and Policy, University of Arizona. Mystic Lake, Minnesota. January 31, 2013. Q&A session. 

June Noronha:

"So we're going to open it up now to any questions and answers of anybody so have a question, if you have for a certain person or the panel please."

Audience member:

"Good morning everyone. I've been on a past council. I'm also retired from the U.S. government, U.S. attorney's office. And I've been called 'apple,' you name it: apple, all these names because I was the only Native American in the U.S. Attorney's office. It was kind of different. But one of the greatest challenges that the Oglala Sioux Tribe will be facing is [Public Law 93-] 638, our hospital, our IHS [Indian Health Service] medical because we all have...people are dying in our emergency rooms. We have a clinic that defer the 10th or 12th one, they cut you off, you come back another time, shortage of doctors. Okay, enough on that soapbox. So we're getting all kinds of phone calls. We're initiating it. We're getting all kinds of phone calls mainly from the workers, the BIA [Bureau of Indian Affairs] or the IHS workers because they have to move out of their houses if this comes through. They have to move out of their housing. They're afraid of losing their jobs. One of them told me, he said, ‘Do we want to pursue this?' And as being probably one of the elders on council, this has been going on for years. Let's try it. Maybe we could get Sanford, Alvera, there's other programs out there that could come in and service our people, service our people. So that's one of the challenges you probably hear about the Oglala Sioux Tribe and I just like listening to you. There's not very many dull knives there. So when you're saying you have relatives on you...I'm from Oglala district where I'm by myself so I don't have that relative because they tell me, ‘Well, you go back to Allen, that's where you're from,' clear across on the other reservation. So I'm really lucky, I don't have that relative thing or I don't have any directors. There's not very many of us and so it's a challenge for me even getting the votes because I don't have big enough relatives to get in. I'm just lucky I got in two terms with no relatives behind me. So that's one. It's a challenge out there. We have nine districts and I don't know how the other districts, I only know mine and the council. [Native word]. Thank you."

Rebecca Miles:

"Real quickly, the Nez Perce Tribe 638'd our Indian Health Clinic less than a decade ago. And I think the best thing that you could do, if you haven't done it already, is either if you have the budget to hire a firm to do some feasibility and strategic planning and do that in conjunction not just with your council but your people and your staff. Because I don't know if we did that but we have had since '04, '03-'04, 15 different directors for our health clinic and I believe that is because of a failure to plan. It's a great thing. You can...your sovereignty, you can do it and you can make your own decisions. Well, all we did...and we got a brand new building as well. It's a beautiful facility. It can even serve as like a small hospital in some ways. But all we did was build that brand new building and move our old IHS mentality and its systems into this beautiful building. We didn't change how we...I just got a denial letter before I came out here of Priority 1 and it cited the CFR. I'm just like, ‘That's not exerting your sovereignty. That's not telling me that the Nez Perce Tribe is adopting its own ways to take care of its people.' And so it's been a very frustrating thing to be...and I don't know what it is, because our tribe is a natural resource tribe but whenever you brought up health issues they were fought vigorously at the table to be defeated, any attempt to go in a certain direction and we kind of think we know what the problem is and we have a good staff member now and all of us other executives at the tribe are working hard to keep her there because all of them are ran out either by the tribal council or by the health board. And so by doing it together and recognizing...doing your SWAT analysis recognizing your strengths, weaknesses, everything, your threats, prior to making that decision is the best thing you can do or I promise you you'll end up like us where we're still swimming in the deep end and we've probably drowned a few times. It's just been very bad. The cost of that is we've had people die. We've lost people. We've not had the proper health care and that's a very serious thing. You can want to save fish and save your language and all that but if you don't have people there to live that life you're protecting, then that...that's your number one resource. And so I...that's a very good question and I would just...I would take that back and follow those steps because there's nothing wrong with going to try to fact find and your feasibility will tell you you're a good candidate to do it or you're not. How much money is the federal government going to give you to do it? Is there going to be administrative costs? And so I think it's a very good position to be in. I personally think the good outweighs the bad if you can make sure your policies, your foundation is set before you do it."

June Noronha:

"Thank you. Any other comments or questions?"

Herminia Frias:

"What we've been hearing from the tribal leaders was a lot of...sometimes the information that we give them can be a little overwhelming and even depressing. So what kept you inspired? When you were a tribal leader, what kept you inspired, what kept you motivated, what kept you driven every single day to serve your nation?"

Jamie Fullmer:

"The great meals that we would have at every meeting! I'd like to think...I was able to serve as President of Inter-Tribal Council of Arizona when Chairwoman Frias was chair of her own tribe. But the thing that kept me going -- and I think this is so important -- honestly was the idea that you could be a part of something bigger than yourself, at least for me. I used to always tell people, ‘if this was just me, I wouldn't push it. It wouldn't even matter to me. Some of the things that would matter to our tribe didn't necessarily push any of my hot buttons, but because it was bigger than me I felt like that I was playing a part in something more important than just my own life. I think that's what kept me going when I was in leadership."

Rebecca Miles:

"Probably most women's answer is, hands down, their children. Their children keep you going and keep you grounded. It didn't matter...my kids were very young when I...and I was just freshly divorced when I ran for council and so that was very hard. It was...I remember getting my first box of checks with my own name on it. But my kids, absolutely, from a negative day to going home and seeing their faces and knowing that...it's a very direct effect. Your own children are part of the tribe so that becomes very personal. So a bad decision affects you at home, too. A bad decision affects your own children, will affect their future; frivolous spending of the tribe, ‘well, what will they have?' that kind of thing. And so I think that's what kept me going."

Darrin Old Coyote:

"What keeps me going is basically the...there's so much poverty, so much depression that whatever...the change that you can bring to the people, put a smile on their face and keeping...making them happy because they like to celebrate but making them celebrate for good things. That's one of the things that keeps me going. We do a lot of praise singing like celebrations, different ceremonies where we say thank you and a lot of those is what keeps me going, enjoying life with the people. When there's something good that happens, the laughter, the celebrations, the singing and the dancing and the praise singing, that's what inspires me to keep going because there was a time where there was constant...it seemed like there was one death after another and that...coming out of that and then celebrating kind of inspired me to do things better and bringing them out of poverty. And then we just signed a big deal with a company to develop our natural resources and that was a big thing for our people. So it's looking at the people and seeing the smile on their faces, that's what inspires me to continue."

Jackie Sears:

"Yeah, my name is Jackie Sears and I'm newly elected to council from Pine Ridge, the Oglala Sioux Tribe. The question I have is as being chairs, what do you see about the tribal council...because currently we have 19 council members and we have some new ones on there, we have some old ones and we have some returning. And what we see is a lot of our older council getting hold of the younger or the ones getting back in, they go on the shirttail of someone else and they're not following the laws they make. What's your advice to the new council and have you ever experienced any of that?"

Jamie Fullmer:

"No, we never had any of that at home. We had...we dealt with it through policy. We developed a code of ethics and because we did have...I was just kidding by the way. Because we did have a lot of that where the council is self-policing, the courts have nothing to say or do with the council. So it was one thing to point fingers at one another, it's another thing when you write your name to something and you swear by it and say that you're going...that this really happened. We used to always say, ‘People don't talk about it, write it down on a piece of paper and let the whole council hear what you have to say. Put your name to it. Put your name down there.' And so we actually developed a list of I think 15 or 20 items that were punishable within the council and then it's voted on. And there's levels of intensity from suspension to removal through that code of ethics at home."

June Noronha:

"Can you share the code of ethics?"

Jamie Fullmer:

"I'd have to look and see if I have a copy of it but yeah, I think as it worked I think it has helped our council to be more focused on dealing with the bigger issues. You're always going to have kind of the follow the leader kind of thing when you have leaders. But I do believe that it's helped our council to look more at the bigger picture than micromanaging an individual or program or something. They're looking at, ‘We need to set laws in place.' And I remember one of the council members said, ‘Well, we don't need to follow the laws, we make the laws.' And it resonated with me. I'm like, ‘No, we make the laws cause we need to follow it, too.'"

Rebecca Miles:

"Some tribal leaders still think that even [with that] in place, we're above the law. But it puts accountability in place. We have a similar thing, administrative procedures, which I could email to you and it's just that kind of cross...everybody including the chair. It even cites out the positions, the officers, chair, vice chair, what their roles are and if they fail to do their job, that kind of thing. So it brings some kind of accountability amongst everybody. We unfortunately just went through that process where a member had to be removed and this is what happens is when that is in place and your people will probably appreciate it. Otherwise, they're going to keep asking for an ethics board and you don't want that. You should be able to police yourselves and you should want to do that and keep the integrity high and your ethical behavior. But if you don't act, I promise you your people are watching. They know...if you adopt something and a lot of times people will say, ‘I'm going to protect my buddy and he didn't do wrong. He may have got a DUI and did whatever but he's...I'm going to stick with him.' Your people are watching that and they think...if they think you're unaccountable, it's affecting, and fortunately that's kind of what was going on with our council now is the people were very angry because it had gone on for about nine or 10 months and nothing was done. And so they finally took action but it's almost like it was too late, after so much build up. And you don't want that because that whole event then caused dysfunction from the very top down to your people when you have bigger things to worry about. I can send you a copy of ours just to build from."

Darrin Old Coyote:

"Creating policy would be one of the...an ethics committee or a lot of times right now the executive branch, we have a lot of policies that we've created for different departments and then also for...as far as the executive branch, ours is spelled out in our constitution. So that's what we follow and we changed our constitution in 2001. So if it's not working I'd say it's time to change your constitution."

Audience member:

"I just wanted to say miigwetch. I'm a newly elected tribal leader. I'm one of five on the...I'm the only woman to serve on the council right now. I just want to say miigwetch 'cause it helps me better my perspective and I just really appreciate that. Thank you."

Audience member:

"Darrin, are you related to Barney Old Coyote?"

Darrin Old Coyote:

"Yeah, he passed away in August."

Audience member:

"He lived in our community with his family."

Darrin Old Coyote:

"Yeah, he's my grandfather. Yeah."

Audience member:

"Oh, very honorable and respectable person. I have a question for Jamie. In your code of ethics -- or maybe this applies to all -- I know that we have a code of ethics. I've ready been subjected to it and survived and survived one recall also and facing another one. In your code of ethics is it, you mentioned administrative and Jamie, is your code of ethics administered by a separate office with a separate code with different people from the council?"

Jamie Fullmer:

"No, actually ours is actually administered through the council and our attorney general. So the council will put up it's...there's a list of specifics. For example, as was mentioned, if you're arrested for a DUI, that's a suspension under the code of ethics. So what would have to happen though is there would have to be facts, there would have to be an arrest, conviction that stated you were convicted and then a council member would bring that to the attention of the other council members. The council would hear that, the attorney general would give any legal advice on behalf of the tribal government and then there would be a decision made with that council person present. So it's really truly self-policing. The council member may be asked to leave for executive...if there's some debate that has to go on so that they're not in the middle of an argument but then the actual discussion about why the removal is happening will tie specifically to the points in the code and the actual level of...there's degrees of...as I said, there's either administrative leave, leave without pay because our council are paid, leave without pay, suspension for a period or actually removal from office. Ours isn't handled through a separate administrative process. It's in the council, but we have an attorney general that presides over or is part of all of our council meetings."

Audience member:

"I'd be interested in looking at your code of ethics. Thank you."

Jamie Fullmer:

"Yeah, I have that written down to get a copy of."

Alvin Bettelyoun:

Hello. My name's Alvin Bettelyoun. I'm a Rosebud Sioux tribal council representative from Swift Bear Community. Everything hits home here. Everything you guys are saying, I see it and I live it on a daily basis. How do you know when you're making the right decision about something? Right now I've got that funny feeling in my stomach, where it's after like a major vote like concerning the Black Hills or nursing home or even my community. How do you know when you do the right thing? You're going to get friction both ways and at the end of the day when I'm home sitting there I start... as a cop, I used to like...as soon as I'm done with my shift I'd go in there, I wash my face, I say, ‘I'll leave everything here.' But sometimes I can't. I take it home and I hear myself swearing in my mind. Somehow it comes out and the kids I know pick up on it. I've got four kids. I think...I got into a situation when I got in as Swift Bear councilman that two councilmen prior to me getting in really messed things up in our community. There's fighting, money stealing, different chairmen. Our nursing home is right in our community, that's been neglected by the council for years. I didn't know that until I actually went in. I don't want to get specific on anything but I'm just telling you what I...that's just a fraction of what I'm getting into. Last night I got a call from appellate judge, our tribal president. I can see the things that are coming. I'm down here, I can see us skipping all these down to here to bring me back up to here. These I deal with on a daily basis, not just the issues that are with council where you get chewed out by some of the councilmen that have been in there for three, four terms say, ‘You're a little kid,' more or less. ‘Behave, listen to me.' Like you said, the loudest voice has the smallest group and right now with our new council I see a change. It's the first time in years and I've been down there and I talked in front of council a lot. I've been a police officer for years, worked for the court for 14 years. I see a change there now and it's the first time I really felt good about something. So that's what's giving me my strength are the members here that actually came up with me. Some don't care, I can see. I want to make a change but how can you really do that, how can one person, one councilman? I know you guys all went through the same...how can you make that change. What do you do? I feel like there's a small majority right here, the silent ones. I get up, I talk, I put my foot in my mouth a lot of times. I did it maybe earlier when I introduced myself yesterday. I sit back and say, ‘Correct yourself.' What do you do? How do you handle all these issues? Sometimes I think, ‘Why am I in here?' Then again, I see the [Lakota language] and the [Lakota language]. They supported me to get in. They wanted me and they felt I could do it, make the change because...maybe 'cause I wore a badge every day and went around, talked to everyone in every community and I seen what goes on in every community from the first of the month to the end of the month. The drunkenness, three out of the four houses people are drinking, kids are out there with no pampers, they're running wild. Even in my community, the deputy caught 30 kids over the hill partying out there. It was like 2:00, 3:00 in the morning and in my mind I said, ‘I've got to change that, I've got to change this, I've got to do this for the elderly.' I check on the elderly's propane. Even though they've got sons to do that, I go do that. It just...there is so much, it's so overwhelming, but honestly I've got no one to talk to. I think I do, I don't have no friends, probably because I was a cop and someday I might have to arrest you or serve papers on you, the same with the court. How can I make a change? What can I do? Can you help? Give me some...I know, I'm getting ideas, but how do you do it?"

Rebecca Miles:

"It's just really fascinating to listen to you because you're just so passionate and you want to do...everybody wants to do the right thing. And a lot of times we think the last council did so terrible or councils before and measure all the decisions that were made. Is your tribe still alive and well? Yes. A lot of times those decisions aren't really big decisions that's going to affect your sovereignty but they may have hurt a lot of people and so that's what we're feeling a lot. I'm looking at Jaime Pinkham back there because unfortunately he was never our tribal chairman. And I had the honor of serving as the tribe's general council chair at a very young age and I got to see leaders. Jamie was one of those people that I looked up to as one of our great leaders. Had our ability to elect tribal chairmen differently, he probably would still be at home being our chair right now. But when you say change, you're not going to see it but somebody else will definitely feel it, if your heart's in the right place. And I say...bring up Jaime because had policies and procedures like our human resource manual...Jaime, our investment policy, that was all done when Jaime was serving as our treasurer at the tribe. I think, 'Where would we be?' The council would still be hiring and firing and that's the one thing is you...like for example, the water settlement I mentioned. I'm still to many people enemy number one that sold out, even though nine of us had to vote, not one individual has power. But I know that that was a good decision. I know in my heart I did all the work I needed to do, but you're not going to...you're not going to see it necessarily, the change, but somebody else will feel what you have done. And that's how I feel about the tribe and what just leaders like Jaime made, the decisions they made and what they were thinking about. And he's the perfect fit for this...doing this kind of work for all of us because you are building a nation. We're definitely in a better place based on decisions then. And so your heart is in the right place by far. I can hear it in you, I can sense and people who elected you know that. Decisions you're going to make are going to be scrutinized, they're going to say you had an agenda why you did this or you did it for a certain reason but somebody down the road is going to come back and say, ‘I remember you. I remembered what you did. Thank you for that.' It's not going to happen soon. It's a thankless job but it will happen. Change happens over time, it doesn't happen overnight and a lot of times we just want it to and sometimes we...I'm guilty of that. The other thing of recognizing a good self-awareness is you're not going to make perfect decisions, you're going to screw up and you're not going to have all the information, you're going to jump to a conclusion and that's when you realize just addressing that loud minority and not the silent majority can backfire on you. That was a bad decision, why did you do that? I just wanted to share that with you."

Alvin Bettelyoun:

"Thank you. There's a lot of times, especially when I first started, I went up to the nursing home, I talked to the workers and they said that no councilman has been in here. The same with my community, no councilman has ever did a report and told us about what's going on down there. I've been making a point to do that and keep it up throughout my term however long I'm in there. But another thing, I might have put my foot in my mouth again, was when I got up and I told the council, ‘Shame on you for doing it and letting this get this far.' I don't want them to say that about me, the next new council people. I'm going to do my best to straighten out what I can see and that's all I can say."

Darrin Old Coyote:

"Just to comment on that. A lot of times you don't know when you're making change and what feels right in here for you and then later on in life when we're no longer here if people came to your kids and said, ‘Your dad did a good job,' that's when...you're never going to know today. But when one person in particular, our late chairman, when he passed away, people not only in our community and our tribe but other tribes and other communities even non-Indians, they talk about what a difference he made as a leader. They even thank his kids for doing that and he doesn't know, even today, that he made a difference and you're never going to know but in here, if it feels right in here, keep doing it because if it feels right in here you're making that change."

Audience member:

"I just kind of wanted to comment on a lot of things. When it comes to our constitutions and our governmental structure, I know at Rosebud we just...it's been five years I guess we had a referendum and we amended our constitution and we're still struggling with those amendments. But I guess I keep saying over and over to the people, our community and our council, is that that constitution and the ordinances, the rules, the regulations, the policies and procedures are all nameless and faceless. It doesn't...they don't have anybody's names in there, they don't have anybody's relatives in there and when you take the oath of office to uphold that constitution, that's what you're promising. You're not promising that you're going to give your relative a directorship. Now that's politics. But once the election's over, politics should be over and we get down to the business of governing, and that means everybody. That legal structure, that framework is supposed to work in the best interest of the Rosebud Sioux Tribe, which is the people. And if you start politicking and you start firing people to uphold a campaign promise, you should be in front of the ethics committee. And that's how I look at it and that's how I look at my role. I've asked one of my colleagues, I guess it gets down to two, it always comes back to people. It always comes back to people. And so what are you about personally? What's your personal philosophy? Do you have one? Mine is one word, is consistent, consistency. I try to be that way. Now nobody's perfect. I haven't been perfect. I've made a lot of mistakes but I try to be consistent. Periodically, I have to kind of step back and take a look and say, ‘Where have I been, where am I going, do those two...are they coming together?' I've asked one of my colleagues, ‘If you ever see me straying me from that, you let me know right away,' because sometimes we get so involved that we kind of lose sight. There's a difference here, there's politics, there's politicians and there's leaders. Again, that's something you need to ask yourself. Do you want to be a politician or do you want to be a leader? There's a difference. Politicians continue to create chaos. They circumvent the rules, they allows the rules to be circumvented for votes. At Rosebud, we have probably about 800 tribal employees. They see themselves as a huge voting block and they let you know. They come from big families, they let you know. We've got situations going on right now today but that doesn't influence me because my campaign was to try to change and strengthen tribal government through education. That's what I said and that's what I'm going to try to do. I didn't promise anybody anything. I give my report to my community and we've got a waÅ¡í­Äu lady that works for one of the local newspapers so my report gets into the paper. And I talk about some of these deficiencies, so right now I'm a troublemaker because I say these things about the weaknesses and the failures of tribal government and I'm part of those failures and everything 'cause I'm in it. Again, that's the politics. But you have to understand, I think if you've been a leader you haven't been in this situation. For me being a councilman now and being subjected to a lot of...it's not new because I've been in leadership roles. I haven't been in politics so much but I've been in leadership roles and I've had these attacks so it's not new. And so it shouldn't be surprising to me and it's not because I've been there. Even all through growing up there's been...I've always been an exceptional athlete and that's created a lot of jealousy and so forth sometimes. That talent has subjected me to these things so I've had to deal with it. When you're young, right away you want to retaliate. Fortunately...and my mom was the feisty one and that's probably where I got it. Fortunately my dad, he said, ‘These are challenges. These are things that you're being tested. You can either become this or you can become that. It's up to you. You're going to have to make this decision.' And so that competitiveness -- and I love competition -- that competitiveness drives me, but I try to do it in a respectful way and in a humble way but at the same time I'm out there to try to represent, take my talent and represent all my people, too. That's what I've tried to do. I go looking for the waÅ¡í­Äu because that's where the competition was and is. I go looking for them, I try to find them because I want them to know that we are not who they think we are. So that's kind of a little bit, but I think we have to do a little introspection and find out who we are and I think that's really important."

June Noronha:

"I know there were a number of people who had their hands up. I want to make sure that everybody gets a chance to speak who wants to because some people have spoken already. Is there anybody else?"

Audience member:

"I'll try to limit it as much as I can but I had a question for the former chair and past chair. I believe there's a former chair back here also, right, Minnie? Before we started this conference I spoke about being on a council, it was my second term. The first term was quite different than my second term. My first term I made five trips to D.C. on issues involving our tribe. My second term I've been out to D.C. zero. I don't know anybody out in Washington, D.C. I don't what the heck's going on out there. I want to thank Brian over here for updating because we don't get that information. So you see two vastly different administrations and it's important as elected officials or politicians or leaders that you get involved and getting involved you'll be able to better understand and make those appropriate decisions that are going to affect the people that you're so-called 'leading.' I guess looking at the...one of the things the guy said he was talking about change. I think we're all here for a reason. I think we're all here because we want to make a change, that's why we chose to make the trek out to beautiful Minnesota to attend a meeting. But when we go home, I hope that we take that and try to share this experience with the people who are unfortunate not to be here, because this is where we should be, at places like this. I guess the question I want to just pose to you, how do you or did you control or limit those people who applied pressure for hasty decisions? And the reason why I say that is, Standing Rock, I'm from Standing Rock. I'm a proud member again to be on the council, it's an honor. But I guess I'm more honored to have a linkage, as they would say to a gentleman who was killed back in 1890 by his own people. And that linkage through my grandmother's side has brought leadership to me in a different perspective. I'm not just there to collect our whopping $40,000 that we get, to be able to travel on the people's dime or whatever, but I hold it near and dear to me because there was a saying that was said and some of you may recognize this saying that was said over 100 years ago. ‘Let us put our minds together and see what we can build for our children.' It really struck me hard that our people had an opportunity through a thing called Salazar [settlement]. Salazar had an opportunity to be able to bring our people a brighter future, maybe even a hopeful future than what we have today but because of the loudest voice -- as Jamie had spoken about  -- it causes our council to react. We're reactive people, we're not proactive people.

So I can almost guarantee in all the new elected officials here that if somebody comes in there and they start yelling at you, you're going to start shaking and you're going to vote in a hasty manner and I can guarantee you when you go home, think about it like this gentleman. I can go home every night, I can crawl into my bed and I can go to bed without knowing that my family didn't get anything, I certainly didn't get anything and the best decision that I could pull forward based on what was presented to me was made by my own judgment. But I guess going back to how things happen it goes down. So you as a chairperson, you have an opportunity through parliamentary procedure to be able to limit those type of actions from happening and I can tell you in the six and a half years, the last portion of my four-year term, this is my third year, my second term, three quarters of that we sat fighting each other on the council because we all have the answers, 17 of us know everything that goes on and we're going to make that everlasting impression on the people 100 years from now as one of our [Lakota term] did 100 years ago to say, ‘What can we do, how can we put our minds together to see what we can do for our people in the future.' So that's my question. How are you guys able to control your council from coming in and playing politics, disregarding policy? Because I think we spoke about that quite a bit that our biggest...my biggest thing is we break our own laws and we're not able to police ourselves because that's already been proven on our council that if the opportunity to police yourself we should just step down. That's policing yourself in an ethical manner, but we don't do that. Instead we find every obstacle."

Darrin Old Coyote:

"For myself to answer that question is reminding everybody there the reasons why we're there, for the people. They're the ones that put you there and every time we get together with the legislative branch to pass a bill or a resolution, that's what I remind them. When they try to [do] politics and try to change the course we're going, that's what I remind them. We're all here, we're placed here by people that wanted us to do good. If they wanted you to do bad they wouldn't put you there. It's basically...they view you as a person that's going to do right and that's why they put that trust in you and voted you. And by doing so, in turn you have to do right and remind all those people why we're there. A lot of them, all their bad thoughts are kind of playing politics, they put that aside and they, ‘What are we going to do for the betterment of our tribe?' So it's always better to remind them at the beginning why we're all there and if they feel that more or less the guilty conscience that's when it comes in and then you get them to go the way what's right. Other than that, that's what I've done and it's helped me through getting a lot of issues passed."

Rebecca Miles:

"So you're probably talking about the situation where they come directly maybe in your office and ask you to get involved in something or not just to the entire council where you can often... It's easier that way where you can police each other, but if it's one on one, somebody comes in and says, ‘My boss is really giving me a hard time' or ‘I want you to do this' or they're reporting something to you. There's always tribal members that are reporting embezzlement or they know something really bad is going on. There is a system in place. One thing I would ask -- especially because a lot of the constituents you hear from are your employees -- always make sure they're on their own personal time and not on the people's time, not on the tribe's time meaning the tribe is paying them...they're compensating them to do a job on behalf of your government and if they're going to take the time to handle their individual thing, then they need to be on their own time, not on the people's time. I promise you, when you start doing that you're going to get fewer and fewer visitors. It's not going to happen overnight, but I've pretty much eliminated people coming in asking me to do things unethically because I wouldn't do them and there's a tactful way you need to do that because your people don't want...you don't want a reputation of not listening to your people. And in our constitution, it says they can come to you for any issue. And even though there's policies in place they want to come vent about work, usually. It's usually about work or something. And so having...being able to be...their ability to vent is often a good place. But the other thing is build a reputation, is fact finding, and sometimes your own family or your friends are asking you to do something or get involved and they're not telling you all the facts and that's usually the case. And when you find out the rest, it's almost sometimes embarrassing in some situations when you find out the facts of a situation.
‘Well, you actually did this and you want me to give you a lifeline out of it. I can't do it. It's unethical of you to ask me to do that.' But it takes time because every new administration then they want to come back in and ask you to do unethical things but you can build a reputation for yourself and I would...Jaime [Pinkham] is familiar with that because I think he had that reputation, too. We knew the members that were going to get bogged down by these requests because they got involved in those issues, they didn't see the bigger picture and this is my true belief is you're a nation. You are a sovereign nation and we pound the table saying that all the time.

You are running your nation and are you going to expect President [Barack] Obama to come down and deal with some staffer out in the Park Service out in Wyoming, their little issue? No, he's leading the United States. And so you're diminishing your own sovereignty and your own tribe by getting involved in those little details and it's a message that is a constant. It's not made overnight, your actions show that."

Jamie Fullmer:

"Just to get down in the detail. The best way that...listening to the large picture, the big picture as was presented by these other leaders, I think there's some detail things that can help, just practical things. One is, what goes on the agenda for a council session? Defining, creating a policy around how your agenda is developed is so important to the flow of what information is going out each time. And then also at home we gatekeep that at the administrative level, come through the administration, administration would decide, council's secretary would decide what went on the agenda but we would have the approval -- we meaning the chairman, vice chairman -- to review it before it went to council. We would say, ‘That needs to be...that's an administrative issue, that's an administrative issue, that is a policy issue and should go to the council.' The other thing as a council member -- since most of you in there are council members -- is if you need more information to make a good decision, that's your right as a leader to say, ‘I can't make a decision today. I request this be tabled until we get more information.' You have that authority under Robert's Rules...whatever rules of orders that you have to say, ‘I need more information in order to make a good valid decision,' fact finding. And so the other piece to this I think as well is having some kind of gatekeeper in how that information flows in and through. In ours, it was the administration. There was a process. It came through administration. If the issue wasn't dealt with by our administrator, then it went to the chairman. If it wasn't dealt with at the chairman level, then it went to the council. So there was a level of effort to actually let the government deal with the problem before the legal, the legislators or the policymakers or the true power of the tribe dealt with the problem. But the government, that's where you have all these departments and that's why you pay all these department heads. That's why...I heard 800 employees...when you have that many employees somebody has to be responsible if it's a social issue to deal with it. And so to that point of listening to your people, I used to always listen to the people and call that director up and say, ‘Come up here. This is an issue that has to do with natural resources. Let's connect the dots right here in my office,' and then let them go and deal with it. But at least being that intermediary as the [Apache term] to actually control that directive."

Mandan, Hidatsa & Arikara Nation: Constitutional Reform

Year

Days after certification of the Secretarial Election, positive comments were coming into the office of the Constitutional Revision committee. Donna Morgan and Ramona Two Shields began receiving flowers and calls from tribal members happy with the results.

Both Two Shields and Morgan say it was the tenacity and commitment of the late, former North Segment Council Representative Titus Hall who kept them going. Titus Hall served as Chairman of the Election Board and believed it was past time to take our government back...

Resource Type
Citation

Baker Embry, Glenda. "Mandan, Hidatsa & Arikara Nation: Constitutional Reform." MHA Nation News. September 17, 2013. Article. (http://www.mhanation.com/main2/Home_News/Home_News_2013/News_2013_09_Sep..., accessed October 7, 2013)