Yankton Sioux Elders Advisory Group concerned about Tribal Constitution

Yankton Sioux Elders Advisory Group concerned about Tribal Constitution

By Clara Caufield,

Native Sun News Today Staff writer

 

The Elderly Advisory Group of the Yankton Sioux Tribe recently voted to have Godwin Weston, one of their members.  Contact Native Sun News Today to share some concerns about what they believe to be violations of the tribal constitution on their Reservation.  The Elderly Advisory Group is elected by their peers to provide advice and guidance to Tribal officials, especially the Business and Claims Committee, but as Weston noted “they don’t take our advice.”

Members of the Yankton Sioux Elderly Advisory Committee include:  Sharon Drapeau, Chair, Anita Sanchez, Vice-chair, Godwin Weston, Treasurer, Janice Provost, Secretary and Macine Pouse, Member at Large.

The core of their concern revolves around the Tribal Constitution.  “Yankton is not an IRA (Indian Reorganization Act) Tribe”, Weston said.  “Our constitution requires a General Council, consisting of all enrolled tribal members of legal age (21 years old) which is supposed to approve all drawdowns of monies, and legislation…  At a minimum the General Council is to meet every August, however special meetings can be requested by five tribal members to discuss any matter.

It provides for a Business and Claims Committee (the officers and five other members) but for major decisions they are supposed to come before the General Council, which is the people.  “We are set up to be a democracy. We are different than IRA Tribes and the Elder Advisory Committee wants to bring awareness about that.”

Weston’s contention is backed up by Article 1. Section 2 of the Amended Constitution which states:  It is specifically recognized by the Constitutional Committee and the Tribe at large that this Amended Constitution is not subject to the provisions of the Howard-Wheeler Act of 1934, which is the Indian Reogranization Act, Public Law. No 383, of the 73rd Congress of the United States of America.

The IRA basically established a representative form of government, placing the power and authority for administering tribal affairs into the hands of elected officers and Tribal Councils, usurping the role of traditional councils and/or chiefs.  Not so at Yankton Sioux.

The amended Tribal Constitution, first passed in 1932, Article V. Section 3 reads “The judicial power shall remain in the Tribal membership and upon request of five members of any just cause, such cause shall be submitted at any regular Tribal meeting for action. The legislative branch shall be comprised of the nine Committee members, however any legislative action shall be first submitted to General Tribal Council and subject to Tribal amendment, repeal or ratification.

Also Article V., Section 4 states Compensation shall not be paid to any Committee member, Chairman, Vice-Chairman, Treasurer or any member of the Tribe without the approval of the Tribe and Secretary of the Interior.

Specifically, the Elder Advisory Group is concerned about a Referendum vote held in 2012 regarding compensation for tribal officials and employees which passed overwhelmingly.  That was initiated by a petition signed by 101 people, far more than the required minimum of five required by the Constitution.  According to Weston, those election results were not presented to the BIA.  Just last year, Weston says that he personally presented the Referendum vote to the Area office, which has not responded to him.  The BIA called the matter a tribal dispute”. Weston explained.

“The people voted on this and our officials need to abide by that” Weston emphasized.

The Elders group also questions the expenditure of COVID funds, approximately 40 million. While the tribal members each received Covid relief payments of $2,000, Weston contends that the tribal officials and employees received much more without approval from the General Council, in violation of the tribal constitution.

The Elder Group also questions the tribal Law and Order Code which Weston contends has not been brought to the General Council for approval. “We want to bring out that we are a democracy,” Weston stressed.  “When tribal members ask for a General Council meeting, our officers are supposed to set the date and time without question.  They are not supposed to ignore us”.

“We are kind of at a stand-still” Weston summarized.  “The BIA treats us like an IRA Tribe, only wanting to deal with the elected officials”.

Neither Chairman Flying Hawk nor Vice-Chairman Jason Cook could be reached for comment, not returning phone calls as of press time.

 

(Clara Caufield can be reached at acheyennevoice@gmail.com.)

The post Yankton Sioux Elders Advisory Group concerned about Tribal Constitution first appeared on Native Sun News Today.

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