Leaders of the two separate groups claiming to be the rightful government of the
Oglala Sioux Tribe could come face to face today.
One
group, headed by President John Yellow Bird Steele, was selected in the tribal
general election Nov. 7 and was sworn into office Tuesday morning at the Oglala
Lakota College administration building near Kyle. Steele, newly elected Vice
President William “Shorty” Brewer and others say the administration of President
Alex White Plume ended Tuesday.
Steele said he and others in his
administration plan to move into their offices in the tribal building
today.
The other group is led by White Plume, tribal president since
June. He remained in his office at the tribal building in Pine Ridge on Tuesday
afternoon, with private security guards highly visible.
White Plume said
the swearing in at Kyle was illegal because he had declared the Nov. 7 election
null and void and called for new elections, to be held early next year. He said
he was carrying out the order of the tribal court of election appeals, which
twice called for new elections.
White Plume said he, vice president
Eileen Janis and the council members elected in 2004 would continue in office
until new primary and general elections can be held early next year.
In
another development Tuesday morning, tribal judge Steve Emery of Kyle issued a
restraining order prohibiting White Plume from interfering with the swearing in,
which went off without incident. Judge Emery also ordered White Plume to halt
plans for a new election. But White Plume, on the advice of tribal attorneys,
said the judge’s order was invalid because it did not follow proper
procedure.
“Our court system can’t serve orders like this to a sitting
president,” White Plume said Tuesday afternoon. He said tribal attorneys will
attempt to get Emery’s injunction overturned.
Tribal attorney Tom
Ballanco, who is advising White Plume, said Emery’s ruling stopped short of
ordering the White Plume administration to vacate the tribal offices.
The
tribal elections have been roiled with controversy, beginning with
irregularities in the Oct. 3 primary, when some ballots were marked incorrectly.
(See timeline below).
The tribal council proceeded with the Nov. 7
general election, but the tribal election board removed White Plume’s name from
the ballot only four days before the election, citing a federal assault
conviction in the early 1980s.
Since then, both sides have argued about
the validity of the election and White Plume’s power to call a new
one.
Late Tuesday morning, tribal judge Sidney Witt swore in Steele,
Brewer and 16 members of the council elected Nov. 7. Five of them were
re-elected from the council elected in 2004.
About 75 people watched the
swearing-in ceremony and applauded at its conclusion.
Two more council
members were being elected Tuesday from the Wakpamni District, although White
Plume said that election, too, was invalid and must go through a new petition,
primary and general-election process.
Steele said the new council needed
to investigate what happened in the fall elections.
But Steele, who
served previously as tribal president, said the new government needed to take
office to provide stability for the tribe.
He said an administration and
tribal council, according to the constitution, can serve only two years unless
they are re-elected. He said the Fire Thunder-White Plume administration was
sworn in Dec. 5, 2004. “Their two years is up,” Steele said Tuesday. “No
democratic government can extend its own terms.”
Steele said Phil Hogen,
an OST member and head of the National Indian Gaming Commission, had reportedly
called the tribal office and said that if the tribe had no government, he would
close the tribe’s casino west of Oglala.
Steele said other government
agencies could shut down other programs if a valid tribal government was not in
place.
Ultimately, the Bureau of Indian Affairs may have to decide which
of the competing governments it will recognize as having responsibility for
handling the millions of dollars of program contracts. Acting BIA superintendent
Cleve Her Many Horses referred questions to BIA headquarters in Washington,
D.C., but the Journal was unable to reach those officials by news deadline.
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