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 Legals STATE OF SOUTH DAKOTA IN CIRCUIT COURT SS. COUNTY OF SHANNON SEVENTH JUDICIAL CIRCUIT DEVON RED CLOUD, File No. 56 CIV 09-143 Plaintiff vs. SUMMONS JOHN HAAS, TODD O’BRYAN, YVONNE (TINY) DECORY, KESHAW BREWER, KEN FRANKS, SCOTT WESTON, ANNA CHARGER, AND RUFUS CHARGER II Defendants. ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED and required to answer the Complaint of the Plaintiff herein, a copy of which Complaint is attached and served upon you, and you are to serve a copy of your answer to such Complaint upon the subscriber at her law office at 937 First Street, Sturgis, South Dakota 57785, within thirty (30) days after the completed service of this Summons upon you, exclusive of the day of such service.
YOU ARE FURTHER NOTIFIED: That if you fail to answer as above required, the Plaintiff will apply to the Court for the relief demanded in the Complaint. FLOORING Oglala Lakota College (OLC) is receiving RFP’s to replace flooring in the bathrooms with tile for the following Oglala Lakota College locations: the main administration building Piya Wiconi, Rapid City, Martin, Wanblee, Allen, Batesland, Pine Ridge, Oglala, Kyle, Porcupine, and Manderson. Field verify all dimensions. For additional information on the sites, or with any other questions, please contact Arlene Quist at 605-455-6011. Your sealed bid will include all locations. The successful bidder will be required to submit a fee and time schedule. The successful bidder must comply with the Tribe’s TERO ordinances, including any licensing requirements and TERO tax. A 5% Bid Bond will be required, and a 100% payment and performance bond is required of the successful bid. Sealed bids must be addressed to: Ernie Little, Oglala Lakota College, PO Box 490, Kyle, S.D., 57752. Bids will be accepted until 1 p.m., local time, March 19th, 2010 at the President’s office of Oglala Lakota College, Kyle, S.D. They will be opened, read aloud, and accepted for consideration at the President’s office. They will be taken to the 3:30p.m. BOT Finance Committee meeting on Wednesday, March 24, 2010. Oglala Lakota College reserves the right to reject any and all bids. Published at a total approximate cost of $117.14 ADVERTISEMENT FOR BIDS BIA ROUTE 27 – WOUNDED KNEE TO PORCUPINE BUTTE PROJECT NO. 27-10, 20(4) OGLALA SIOUX TRIBE PINE RIDGE, SOUTH DAKOTA NOTICE IS HEREBY GIVEN, that the Oglala Sioux Tribe of Pine Ridge, South Dakota, will receive, bids until February 15, 2010 at the hour of 4:00 PM (MT) at the officeof Dakota Engineering – a Kadrmas, Lee & Jackson Partner, 330 Knollwood Drive, Rapid City, South Dakota 57701. The bid documents shall be sealed and endorsed, “BIA Route 27 – Wounded Knee to Porcupine Butte”. This is for the furnishing of materials, labor, equipment and skill required for the purpose of Grading, Drainage and Asphalt Surfacing, as is more fully described and set forth in the Plans and Project Manual, which are now on file in the office of the Oglala Sioux Tribe, Pine Ridge, South Dakota and at the officeof Dakota Engineering. Bids shall be publicly opened and read on February 16, 2010 at the hour of 10:00 AM (MT) at the Oglala Sioux Tribe Property and Supply Officein Pine Ridge. The project generally consists of, but is not necessarily limited to, the following major items: BIA Route 27 – Section 10 and 20 from south of Wounded Knee northeasterly for 7.29 miles – The road shall be reconstructed to include 3,347,390 cubic yards of roadway excavation, numerous cmp and rcp culverts, 4 precast concrete box culverts including gabion baskets and riprap, salvaged aggregate base and asphalt, new aggregate base course material, 36,000 tons of hot asphalt surfacing, new signs, pavement marking paint, fencing and numerous other items as shown in the bid package. The Contract Documents consisting of half size Drawings and Project Manual may be examined or obtained from Dakota Engineering, 330 Knollwood Drive, PO Box 3416, Rapid City, South Dakota 57701. Required deposit is $100.00 per set, which is not refundable, by regular mail or United Parcel Service (UPS). The Bidder is advised that the Owner is a federally recognized Indian Tribe and is completing reconstruction of the BIA 27 – Section 10 and 20 – Wounded Knee to Porcupine Butte Project as part of its Indian Reservation Roads (IRR) Program with funds received under its Federal IRR Program Agreement, along with other Congressionally earmarked funds thru the Bureau of Indian Affairs, as set forth more fully in the Bid Form and the Supplementary Conditions. The BIA Route 27 – Section 10 and 20 – Wounded Knee to Porcupine Butte Project shall be conducted in accordance with all applicable Laws and Regulations and the terms of the Owner’s Federal IRR Program Agreement including the requirement that the project be listed on the IRR Transportation Improvement Program (TIP) approved by the Federal Highway Administration. The Project shall also be conducted in accordance with the Bureau of Indian Affairs Fixed Price (meaning fixed unit prices and estimated quantities), P.L.93-638 Contract #CTA06T344R6, Subpart J, with the Oglala Sioux Tribe. In accordance with this Contract #CTA06T344R6, the Oglala Sioux Tribe is the Contractor to the Bureau of Indian Affairs (BIA) and the successful bidder from this Advertisement for Bids shall be awarded a Contract with the Oglala Sioux Tribe, but shall be referred to as the Subcontractor to the BIA. Hereinafter, when the term Contractor is used it shall mean the Contractor to the Oglala Sioux Tribe. The Contractor shall comply with all applicable Federal civil rights laws and regulations and FARS regulations and other requirements in the BIA Subpart J to the Contract. The Contractor shall, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all applicants will receive consideration for employment without regard to sex, race, creed, color, or national origin, and that a preference shall be applied for qualified Indian applicants. This contract includes a Native American Preference. If a Native American contractor’s bid is less than five percent higher than a nonnative American contractor’s bid, the contract may be awarded to the Native American Contractor. Firms or individuals seeking such preference must submit evidence of Indian ownership and control in the sealed bid envelope. The successful Bidder and subcontractors in performance of the construction work will be required to comply with all applicable federal labor laws including minimum wage rates decisions of the United States Department of Labor (Davis-Bacon Act) and the Oglala Sioux Tribe. The Contractor shall be required to comply with the terms and conditions of the Oglala Sioux Tribe, including Ordinance No. 92-13 of the Tribal Employment Rights Office (TERO), as contained in the Project Manual. The TERO Information sheets and Compliance Plan are included in the Project Manual only for the Vendor’s convenience, with all TERO documentation to be submitted to the proper TERO authorities listed in the documents. The Contractor must submit a letter stating proof of compliance to the Owner, copied to the Engineer, prior to commencing work. The Tribal Employment Rights Office can be contacted for questions at (605) 867- 5167. The successful Bidder will not be required to pay the 4% TERO fee, as that will be paid by the Oglala Sioux Tribe Department of Transportation based on the total bid amount. Bidders are responsible for contacting the Tribe with regard to Tribal tax laws and the business license fee and other requirements. The taxes include contractor's excise, sales and use taxes, additional information is included in the specifications. For more information, contact the Oglala Sioux Tribe Revenue Department, PO Box 363, Pine Ridge, SD 57770 and (605) 867-5821. The contract work shall be completed within 180 Working Days. Upon award of the contract a Notice to Proceed will be issued stating when construction operations are to begin. The stated date for beginning of construction operations will be the beginning of the working day count. All bids are to be submitted on the basis of cash payment for the work and materials, and each bid shall be accompanied by a certified check or cashier’s check or draft for five percent (5%) of the amount of the bid, such check to be certified or issued by either a state or national bank and payable to the Oglala Sioux Tribe or in lieu thereof, a bidder's bond in a sum equal to ten percent (10%) of the full amount of the bid. Successful Bidder shall furnish an approved Construction Performance Bond and Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful Bidder and a certificate of that insurance shall be provided in accordance with Article 5 of the General Conditions as amended. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. The Oglala Sioux Tribe reserves the right to reject any and all bids, to waive any informality in any bid, to hold all bids for a period not to exceed sixty (60) days from the date of opening bids, and to accept the bid deemed most favorable to the interest of the Tribe. Should the Contractor fail to complete the work within the time required herein or within such extra time as may have been granted by formal extensions of time approved by the Owner, there will be deducted from any amount due the Contractor the sum of $3,300 per day for each day and every day that the completion of the work is delayed. The Contractor and his surety will be liable for any excess. Such payment will be as liquidated damages and not as a penalty. All bidders are invited to be present at the public opening of the bids. Dated this 22nd day of January, 2010 Theresa Two Bulls President Oglala Sioux Tribe Published at a total approximate cost of $129.20 NOTICE OF AUDIT OF THE FISCAL AFFAIRS OF THE Shannon County School District No. 65-1 Notice is hereby given that the Shannon County School District No. 65-1, Batesland, South Dakota, has been audited by JOSEPH EVE, Certified Public Accountants for the year ended June 30, 2008. A detailed report thereon is available for public inspection, during normal business hours, at the business office of the School District, and also available at the Department of Legislative Audit in Pierre, South Dakota or on the Department of Legislative Audit website at http://www.state.sd.us/legislativeaudit/Reports/ reports_all.htm. The following findings and recommendations provide a brief description of the material weaknesses in internal control, legal noncompliance and other matters that are described in more detail in the audit report. The finding numbers are as presented in the audit report, which also includes less significant findings. 08-1 Internal Controls - Entity Wide Finding 08-1: We noted material weaknesses in the design and operation of the five components of internal control for the School District which a non-federal entity receiving federal awards is required to establish and maintain to provide reasonable assurance regarding the reliability of the entity’s financial statements and compliance with the requirements of laws and regulations. Recommendation 08-1: We recommend that the School District strengthen its internal controls by addressing the provisions of the five components of internal control and making structural changes in its entity-wide controls. 08-2 Segregation of Duties and Internal Controls - Accounting Functions Finding 08-2: A system of accounting duties and functions has not been achieved to assure internal control over assets and reliability of financial records and reporting. We noted significant deviations from the established system in the cash, accounts receivable, bank reconciliation, investments, expenditures, accounts payable capital assets and IT functions. Recommendation 08-2: We recommend that the School District implement proper internal control procedures to address the deficiencies identified above. 08-3 Account Reconciliation and Analysis Finding 08-3: The School District reconciliations for cash, accounts receivable, accounts payable, depreciation expense, compensated absences and capital leases were incorrect or had not yet been prepared. Many material adjusting journal entries were required after the books were closed at year end. Recommendation 08-3: The business manager should establish a realistic schedule for monthly account reconciliations which may include seeking external assistance in performing the reconciliations. 08-5 Cash Receipts Finding 08-5: The School District is not following the South Dakota State Audit Accounting Manual procedures for cash collections. We were not provided evidence of source documents which would include pre-numbered receipt books, cash register Z tapes, or a cash receipts log for the School District’s collections for the 2007 LNI event. Recommendation 08-5: We recommend that the School District review the requirements for receipts under Section III of the South Dakota Legislative Audit Accounting Manual and develop/ modify existing policies and procedures to ensure accountability over collected revenue. 08-6 Capital Assets Finding 08-6: The School District is not maintaining control over capital assets by not taking a yearly physical inventory, recording additions and deletions timely, or updating accounting records to reflect actual assets owned, among other things. Recommendation 08-6: The School District should perform an entity-wide physical inventory of its capital assets every year, as required by policy. Once completed, the listing must be reconciled to the general ledger control totals and the control totals adjusted to the balances supported by the physical inventory results. 08-7 Expenditures - Transaction Testing Finding 08-7: The following items were noted: • Expenditures totaling $179,822 lacked documentation and expenditures totaling $170,895 were not properly authorized. Recommendation 08-7: We recommend that management of the School District review cash management policies and procedures with the appropriate staff to ensure adherence with the School District's policies and procedures. 08-9 Prior Period Adjustments Finding 08-9: We noted adjustments to prior year ending net assets/fund balance as follows: • $21,429 in the general fund, $528,053 in the capital asset fund, and $135,474 in the longterm debt fund. The bulk of these adjustments were related to correcting beginning balances of balance sheet accounts. Recommendation 08-9: We recommend that the School District compare supporting schedules to general ledger balances on a monthly basis and record appropriate adjustments in the current year to avoid prior period adjustments. 08-12 Allowable Costs/Cost Principles - Impact Aid Finding 08-12: Of the fifty expenditures tested for this major program, two were missing invoices or receipts to support charges, and one was for a purchase of alcohol which is not allowable. Recommendation 08-12: We recommend that management and the appropriate staff review the procurement policies and procedures to ensure adherence with the policies and procedures mandated by the school board, state of South Dakota, and the federal government. 08-13 Allowable Costs/Cost Principles - Early Reading First Finding 08-13: Of the eight expenditures tested for this major program, five were not supported with appropriate documentation and four were missing proper authorization. Recommendation 08-13: We recommend that management and the appropriate staff review the procurement policies and procedures to ensure adherence with the policies and procedures mandated by the school board, state of South Dakota, and the federal government. 08-14 Allowable Costs/Cost Principles - Title I Grants Finding 08-14: Of the seventeen expenditures tested for this major program, one was missing an invoice, five were missing receipts, four were not properly authorized, and one was missing a contract. Recommendation 08-14: We recommend that management and the appropriate staff review the procurement policies and procedures to ensure adherence with the policies and procedures mandated by the school board, state of South Dakota, and the federal government. 08-15 Procurement, Suspension and Debarment Finding 08-15: The School District does not consistently maintain the required procurement documents for all expenditures. Recommendation 08-15: We recommend that the school district follow procurement policy as required by South Dakota Legislative Audit Accounting Manual and OMB Circular A-133. 08-16 Davis Bacon - Impact Aid Finding 08-16: Certified payroll documentation for the Red Shirt construction project, which exceeded $2,000, was not made available for audit inspection. Recommendation 08-16: We recommend that the School District require all contractors on construction jobs funded by federal funds to submit certified payroll reports, to ensure compliance with the Davis-Bacon Act. The report also contains the auditor’s findings and recommendations concerning less significant deficiencies in internal control at the District. JOSEPH EVE Certified Public Accountants Billings, Montana December 28, 2009 ORDINANCE NO. 10-01 ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL OF THE OGLALA SIOUX TRIBE (An Unincorporated Tribe) ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL TO AMEND THE OGLALA SIOUX PERSONNEL POLICIES AND PROCEDURES MANUAL ADOPTED BY ORDINANCE NO. 07-50, AND THE OST DRUG FREE WORK PLACE ACT POLICY ATTACHED THERETO. WHEREAS, the Oglala Sioux Tribe reorganized under Section 16 of the 1934 Indian Reorganization Act (25 U.S.C. § 476), by adopting a federally approved constitution and bylaws, and WHEREAS, Oglala Sioux Tribal Council Ordinance No. 07-05 adopting the Oglala Sioux Personnel Policies and Procedures Manual was enacted pursuant to Article IV, Section 1 (k) of the Tribal Constitution which provides that the Tribal Council is empowered to “(k) To promulgate and enforce ordinances, governing the conduct of persons on the Pine Ridge Indian Reservation,” and WHEREAS, the Tribal Council has determined that the Oglala Sioux Personnel Policies and Procedures Manual is in need of amendment to address changes needed provisions of the Manual concerning the composition of the Human Resources Selection Committee and a drug free workplace, and WHEREAS, the Judiciary Committee has recommended approval of the amendment to the Tribal Council, now THEREFORE BE IT ORDAINED, that Section 1 C. (Definition of Terms), No. 25 of the Oglala Personnel Policies and Procedures Manual adopted by Ordinance No. 07-50 is hereby amended to read as follows: 25. Human Resources Section Committee — A nine (9) member Committee composed of one member from each of the nine (9) reservation districts elected at large by the qualified voters of the district whose duties and responsibilities are set forth in Section 1 F, now BE IT FURTHER ORDAINED, that a new Section 1 F. and Section 1 G. of the Oglala Personnel Policies and Procedures Manual shall be inserted after Section 1 E. to read as follows: F. Human Resources Selection Committee. There shall be a Human Resources Selection Committee composed of nine (9) members. The committee shall consist of one member from each of the nine (9) reservation districts elected at large by the qualified voters of the district. There shall also be one alternate committee member from each district who shall be the next highest vote getter in the election. Elections for committee members shall coincide with the Tribal General Election and shall be conducted by the Tribal Election Committee beginning in the Year 2010. The Tribal Council shall appoint the initial nine (9) member interim Selection Committee members, one member and one alternate from each district, to serve until their successors are elected in the 2010 Tribal General Election. There shall be term limits for Selection Committee members. No Selection Committee member shall serve more than three (3) terms of office,regardless of whether such terms of officeare consecutive or aggregate. A committee member shall automatically forfeit his/her position on the committee by missing three consecutive or three aggregate meetings each calendar year, or when he/she accepts an selection committee membership with the Oglala Sioux Tribe. To qualify as a candidate for a committee position, the candidate must submit a petition as required by the Oglala Sioux Election Code and meet the following qualifications: 1. Must have at least a two year degree from an accredited college; 2. Must sign an agreement agreeing to mandatory drug testing before assuming office. All drug tests will be by hair follicle testing; Any committee member who fails a drug test will automatically forfeit his/her position on the committee, and shall be permanently barred from ever serving on the committee again. G. District Executive Committee Selections. Notwithstanding any other section in this Personnel Policies and Procedures Manual to the contrary, the Executive Committee of each District Council shall have the authority to make a final section of all vacant District Service Center positions. The selections shall be made between the top three (3) candidates for each position based on the rating system in Section IV. C. The immediate supervisor of each District Service Center position shall be the District Coordinator, whose immediate supervisors shall be the Executive Director of the Oglala Sioux Tribe. Each person selected for a District Service Center position shall be subject to termination pursuant to Section XIII (Termination from Employment). The Executive Director of the Tribe shall ensure compliance of Districts to all applicable tribal manuals pertaining to the District Service Center positions on a quarterly basis. The remaining Sections of Section 1 following the new Section 1 G. and Section 1 II. shall be sequentially renumbered with letters beginning with H. Executive Director, and I. Employment Practices, now BE IT FURTHER ORDAINED, that Section IV C. of the Oglala Personnel Policies and Procedures Manual to be inserted after Section 1 F. is hereby adopted and will read as follows: C. Rating. The HRD Rating specialist shall rate all applicants for positions within the OST governed by this Ordinance. Only those applicants that meet the minimum qualifications of the position shall be referred to the HRD Director for interviews. Points are assigned as follows: Rating Guidelines: Education:
When claiming preference under an education degree, only one degree can be used (e.g., if claiming preference under a Doctors Degree, a bachelors degree and Masters Degree will not be included in the rating system). When claiming preference under General Experience, each year under four years, or for each interim year after each four year period will be counted as 5 points (e.g. 5 years experience will be 25 points plus 5 points; 9 years experience will be 50 points plus 5 points, etc. The maximum points for years of experience shall be 100 points. When claiming preference under Supervisory Experience for a supervisory position, each year under four years, or for each interim year after each four year period will be counted as 7 points (e.g. 5 years experience will be 25 points plus 7 points; 9 years experience will be 50 points plus 7 points, etc.) The maximum points for years of experience shall be 114 points, now BE IT FURTHER ORDAINED, that the Oglala Personnel Policies and Procedures Manual shall be amended by inserting a new Section IV. F. to read as follows: F. Access of applicants to confidential HRD rating sheets. All applicants who have been rated by the HRD Specialist shall have a right to a copy of his/her rating sheet prior to a final selection for any position in which the applicant has applied for with the Oglala Sioux Tribe. Applicants shall have a right to obtain only their own personal rating sheet and shall not have any right to obtain a copy of any other applicants rating sheets, provided however, that each individual applicant shall have the right to know the rating for the winning applicant for the position in which the applicant applied. The HRD shall mail, by U.S. First Class Mail, copies to each applicant a copy of his/her rating sheet at least three (3) working days before a final selection is made for the position for which the applicant applied. The HRD Director shall also mail, by U.S. First Class Mail, a copy of the rating number (only) for the winning applicant for the position in which the applicant applied. It is the policy of the Oglala Sioux Tribe that the Selection Committee shall strictly follow the rating system established by Section IV C. of this Manual, and shall not arbitrarily misapply or alter the rating system in favor of or against any individual applicant, now BE IT FURTHER ORDAINED, that Section XI B. of the Oglala Personnel Policies and Procedures Manual is hereby amended by changing the penalties for 1st Offenses for Number 16 (Violation of OST Drug Free Workplace Act), Number 18 (Use of and/or working under the influence of alcohol and/or drugs), and Number 19 (Positive Drug/alcohol Screening Result) to “Termination” for all three violations, now BE IT FURTHER ORDAINED, that Section XII D. of the Oglala Personnel Policies and Procedures Manual is hereby amended to read as follows: D. Appeals. The Oglala Sioux Tribal Court shall have only the following limited jurisdiction to review complaints filed under this ordinance as follows: 1. Whether due process or equal protection of the laws was afforded an applicant or employee as required under the Tribal Constitution, the 1968 Indian Civil Rights Act (25 U.S.C. 1302 (8), or tribal ordinances. 2. The Tribal Court shall have no authority to review a complaint filed under this Manual de novo, and shall be bound by the administrative record developed by the HRD. 3. The Oglala Sioux Tribe is establishing a “Zero Tolerance for Drug Use,” under this ordinance. Therefore, the Tribal Court shall not have any authority to review a decision to deny employment or to terminate a tribal employee who has tested positive in a hair follicle test as required by under Section 1 F. and terminated under Section Xl 13. and XIII C. of this Manual, now BE IT FURTHER ORDAINED, that Section XIII C. (Termination) of the Oglala Personnel Policies and Procedures Manual is hereby amended to read as follows: C. Termination Termination involves an employee being removed for cause by his/her immediate supervisor. Except as otherwise provided in this ordinance for a termination of individuals based on failure to pass a hair follicle test for drug use as required by Section 3 of the Drug Free Workplace Act (Attachment A infra). Reasons for termination may be those identified in the Section XI Table of Penalties, now BE IT FURTHER ORDAINED, that Section XIII D. (Termination Procedures) of the Oglala Personnel Policies and Procedures Manual is hereby amended by addition of a new number 7 to read as follows: 7. This Section shall apply to any applicant or employee terminated for failure to pass a drug hair follicle test pursuant to Sections 1F., XI B. and XIII C. and once an employee is terminated, the said employee will not be allowed to apply for employment with the Oglala Sioux Tribe for a period of 1 year from date of termination. AMENDMENT TO DRUG FREE WORKPLACE ACT BE IT FURTHER ORDAINED, that Section 3 A. of the Drug Free Workplace Act, attached to and incorporated in the Oglala Sioux Tribal Personnel Policy and Procedures Manual as Attachment “A,” is hereby amended to read as follows: Section 3 — Definitions A. Applicants — Before any person who applies for employment and is selected for a position within the Oglala Sioux Tribe, such person shall be subject to pre-employment Alcohol and Drug testing/screening utilizing a drug follicle hair test only. This section shall apply to: 1.All tribal employees, whether merit, temporary, part-time, regular full-time, regularpart time, seasonal, or emergency hire; 2.Professional consultants as defined in the Tribe’s Financial Management Manual, or any other consultant who contracts with the tribe for services in exchange for compensation. 3.Certified Public Accountants; 4.Engineers; 5.Tribal attorneys; 6.Judges, including Supreme Court Justices, Chief Judge, Associate Judges, administrative judges; and 7.Attorney General and his/her staff Tribal Prosecutors and their staff, and tribal attorneys, whether licensed by a State Bar Association or by the Tribal Court. The first hair follicle test required under this section shall be completed after proper notification has been given in the amount of five (5) working days after approval of this Section by the Tribal Council and a written notification to all Applicants referred to in this Section that is signed by the Executive Director and Human Resources Director. The costs of all hair follicle tests for tribal employees and applicants as defined above will be borne by the Tribe. The costs for all hair follicle tests for other applicants will be borne by the applicant. Proper Notification by letter will be given to all employees (Applicants) of requirements and time frame on January 26, 2010 by the President’s Office. Executive Director and Human Resources Director to all employees of the Oglala Sioux Tribe and Applicants as defined in this ordinance. BE IT FURTHER ORDAINED, that all policies, ordinances, manuals are hereby suspended in order to contract with Black Hills Clinical Lab to conduct the hair follicle test in a timely manner, as the Oglala Sioux Tribe has initiated this, “Zero Tolerance” from this day forward. Notwithstanding any other Tribal Ordinance to the contrary, a drug follicle test shall be required on a yearly basis for all applicants for tribal employment and for all employees of the Oglala Sioux Tribe, beginning JANUARY 26, 2010. No provision of this ordinance is intended to limit the Oglala Sioux Tribe Department of Public Safety, or the HRD staff and personnel from conducting a random drug testing of tribal council members, tribal officials, tribal staff and employees, in addition to the required hair follicle test. The Executive Director and/or HRD Director shall be jointly responsible for the full implementation of this section, including making sure that the requirements of the Section shall be written into RFP and in notices of acceptance for future employment with the Oglala Sioux Tribe. Failure of the Executive Director or HRD Director to fully implement this Section, or any other provision of this Drug Free Work Place Act, shall be subject to disciplinary action, as provided in the Section XIB., Number 15 (Table of Penalties) of the Human Resources Manual, or any other applicable Tribal Ordinance and immediate termination for gross negligence, now BE IT FURTHER ORDAINED, that all ordinances enacted prior to Ordinance No. 07-50, are hereby superseded and repealed by Ordinance No. 07-50 as amended by this ordinance. C-E-R-T-I-F-I-C-A-T-I-O-N I, as undersigned Secretary of the Oglala Sioux Tribal Council of the Oglala Sioux Tribe hereby certify that this Ordinance was adopted by the vote of: 13 For; 0 Against; 0 Abstain; 3 Not Voting, during a REGULAR SESSION held on the 26th day of JANUARY 2010. ORDINANCE NO. 10-01 ORDINANCE NO. 10-02 ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL OF THE OGLALA SIOUX TRIBE (An Unincorporated Tribe) ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL TO REQUIRE TRIBAL OFFICERS, TRIBAL COUNCIL MEMBERS, POLITICAL APPOINTEES, THE BOARDS OF COMMISSIONERS AND BOARDS OF TRUSTEES OF TRIBALLY CHARTERED ORGANIZATIONS AND CONTRACTORS TO TAKE A DRUG HAIR FOLLICAL TEST EACH YEAR. WHEREAS, the Oglala Sioux Tribe reorganized under Section 16 of the 1934 Indian Reorganization Act (25 U.S.C. § 476) by adopting a federally approved constitution and bylaws, and WHEREAS, pursuant to its constitutional authority, and its inherent sovereignty, the Tribe desires to make the Pine Ridge Indian Reservation a zero tolerance (complete prohibition), drug free workplace zone for all employees of the Oglala Sioux Tribe, and WHEREAS, the tribal also desires to extend its zero tolerance, drug free workplace zone policy to all positions of tribal employment in tribal programs located off the Pine Ridge Reservation contracted by the Tribe under Public Law 93-638, other federal statutes, and WHEREAS, the Tribal Council believes that the Tribe’s zero intolerance, drug free workplace zone policy should apply to all tribal council members, political appointee positions, the Board of Directors or Boards and Boards of Trustees of tribal chartered organizations and tribal contracts, and WHEREAS, the Tribal Council further believes that the Tribe’s zero tolerance, drug free workplace zone policy should also apply to all employees of tribal contractors who work on the Pine Ridge Reservation, including construction contractors on the rationale that if the Tribe is going to be true to its zero tolerance, drug free policy, the policy should also apply to all employees of contractors who work on the reservation, or in tribal programs located off the reservation, now THEREFORE BE IT ORDAINED, that the following section are hereby adopted for the Oglala Sioux Tribe: SECTION 1. All tribal officers (Executive Committee Members), tribal council members, political appointees, board of directors and boards of trustees of tribally chartered organizations shall be subject to drug testing/screening by hair follicle testing each calendar years as a condition of tribal employment, or a condition to contract with the Tribe, The test shall be completed within thirty (30) days from the date of the enactment of this ordinance by the Black Hills Clinical Lab at Rapid City, South Dakota. ORDINANCE NO. 10-02 Page Two SECTION 2. The Tribal Secretary shall issue a notice to all individuals reference in Section 1 of this Ordinance no later than December 15th of each calendar year that they must submit a drug hair follicle test by their own volitions prior to the establishment deadline. SECTION 3. Each hair follicle test conducted by the Black Hills Clinical Lab under this ordinance shall be sent to the Tribal Secretary by certified mail, return receipt requested, The Tribal Secretary shall then provide copies of the test results for all tests that test positive to the Tribal President, who shall take the following action: 1. If the test involves an individual tribal officer or tribal council member, turn the results over to the Tribal Attorney General who shall be responsible for filing and prosecuting an impeachment complaint against said individual pursuant to Article VIII of the Tribal Constitution and any applicable impeachment ordinance. A positive test shall be grounds for impeachment. All impeachment hearings shall be conducted by the Tribal Council at the next council regular council meeting following the date the complaint is accepted by the Tribal Council. 2. If the test involves a political appointee, immediately issue a termination notice to the individual, who shall be immediately terminated from his/her employment with the tribe and shall have no rights of appeal to the Tribal Council, tribal courts or otherwise. 3.All positive test results shall constitute conclusive evidence of a violation of the zero tolerance provisions of this ordinance and shall be grounds for termination of employment or termination of contractual rights under this ordinance. SECTION 4. All employees of tribal contractors who work on the Pine Ridge Reservation, including construction contractors, shall be subject to the follicle hair testing mandated by the ordinance. Such employees shall submit to a hair follicle test as provided in Sections 3 and 4 of this ordinance. Any construction employee testing positive in a hair follicle test shall be prohibited from working under any contract with the Oglala Sioux Tribe.
SECTION 5. All Boards of Directors and Boards of Trustees of tribally charted organizations, and the employees of such boards, shall be subject to the follicle hair drug testing mandated by the ordinance. Such Board members and employees shall submit to a hair follicle test within thirty (30) days from the issuance of a notice of award of contract. Any member or employee of a Board testing positive in a hair follicle test shall be immediately removed from his/her position by remaining board members of the Board, or terminated from their position of employment by the Board. C-E-R-T-I-F-I-C-A-T-I-O-N I, as undersigned Secretary of the Oglala Sioux Tribal Council of the Oglala Sioux Tribe hereby certify that this Ordinance was adopted by the vote of: 12 For; 0 Against; 0 Abstain; 4 Not Voting, during a REGULAR SESSION held on the 26th day of JANUARY 2010. LATE: Barbara Dull Knife Phillip Good Crow EXCUSED:Robin Tapio Sonia Little Hawk-Weston WORDS OF ENCOURAGEMENT – John Mousseau APPROVAL OF AGENDA – Present: Phillip Good Crow (16). OST Judiciary Committee – Agenda Item Motion No. 10-01 – Motion made by John Mousseau, seconded by Anthony Wounded Head to two-thirds onto the agenda the three resolutions requesting technical assistance grants for the Attorney General, the Court and the Probation Offices. ROLL CALL VOTE: Billy Amiotte - Yes, Valarie Janis - Yes,Lydia Bear Killer - Yes,Phillip Jumping Eagle - Yes Ella John Carlow - Yes, Garfield Little Dog - Yes, Kim Clausen - Not Voting, Stanley Little Whiteman- Yes, James Cross - Yes , Jim Meeks - Yes, Craig Dillon - Yes , John Mousseau - Yes, Phillip Good Crow Yes Joseph Rosales - Yes, Ricky Grey Grass - Yes Anthony Wounded Head - Yes MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Motion No. 10-02 – Motion made by John Mousseau, seconded by Garfield Little Dog to two-thirds onto the agenda the resolution entitled, “Resolution to Approve the Special Counsel Agreement between the Oglala Sioux Tribe and Attorney Mario Gonzalez” ROLL CALL VOTE: Billy Amiotte - Yes, Valarie Janis - Yes, Lydia Bear Killer - Yes, Phillip Jumping Eagle - Yes, Ella John Carlow - Yes, Garfield Little Dog- Yes, Kim Clausen - Not Voting, Stanley Little Whiteman - Yes, james Cross- Yes, Jim Meeks - Yes, Craig Dillon - Yes John Mousseau - Yes, Phillip Good Crow - Not Voting Joseph Rosales - Yes, Ricky Grey Grass - Yes, Anthony Wounded Head - Yes MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Motion No. 10-03 – Motion made by John Mousseau, seconded by Anthony Wounded Head to two-thirds onto the agenda the resolution entitled, “Resolution of the Oglala Sioux Tribe Approving the Special Counsel Agreement between the Oglala Sioux Tribe and Attorney Patricia Marks.” ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes; Lydia Bear Killer - No; Phillip Jumping Eagle - Yes; Ella John Carlow- Yes ; Garfield Little Dog- No; Kim Clausen - Not Voting;Stanley Little Whiteman- Yes; James Cross- No; Jim Meeks - Yes; Craig Dillon - Yes ; John Mousseau - Yes; Phillip Good Crow - Not Voting; Joseph Rosales - Yes; Ricky Grey Grass- Yes; A n - thony Wounded Head - Yes; MOTION CARRIED WITH: 11 YES; 3 NO; 0 ABSTAIN; 2 NOT VOTING. Motion No. 10-04 – Motion made by John Mousseau, seconded by Anthony Wounded Head to two-thirds onto the agenda the resolution entitled, “Resolution of the Oglala Sioux Tribal Council Amending OST Resolution No. 09-261 Appointing Diane Zephier as a Temporary Special Judge for the Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle - Yes; Ella John Carlow- Yes; Garfield Little Dog- Yes; Kim Clausen - Not Voting; Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes; Craig Dillon - Yes; John Mousseau - Yes; Phillip Good Crow - Not Voting; Joseph Rosales - Yes; Ricky Grey Grass- Yes; A n - thony Wounded Head - Yes; MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Wounded Knee District - Agenda Items Motion No. 10-05 – Motion made by Garfield Little Dog, seconded by Phillip Jumping Eagle to two-thirds onto the agenda the resolution entitled, “Resolution of the Wounded Knee District Executive Board of the Oglala Sioux Tribe of the Pine Ridge Indian Reservation to the Oglala Sioux Tribal Council and the Oglala Sioux Tribe President to Remove Mr. George Wilson as the OOWEZ Executive Director and Mr. Terry Mills as the Board of Director’s President for Not Adhering to Oglala Sioux Tribal Council Resolutions, Ordinances and District Resolutions.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting; Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes; Craig Dillon- Yes ; John Mousseau - Not Voting; Phillip Good Crow - No; Joseph Rosales - No; Ricky Grey Grass - Yes; Anthony Wounded Head - Yes; MOTION CARRIED WITH: 14 YES; 2 NO; 0 ABSTAIN; 2 NOT VOTING. Oglala District – Agenda Items Motion No. 10-06 – Motion made by Valarie Janis, seconded by Garfield Little Dog to two-thirds the resolution entitled, “Requesting an Immediate Review of the Prairie Wind Casino’s General Manager Position Description and to Enforce Compliance with Casino Position Description and Tribal Employment Regulations.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes ;Phillip Jumping Eagle - Yes ; Ella John Carlow - Yes ; Garfield Little Dog - Yes; Kim Clausen - Not Voting; Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes; Craig Dillon- Yes ; John Mousseau - Not Voting; Phillip Good Crow – Not Voting; Joseph Rosales - No; Ricky Grey Grass - Yes; Anthony Wounded Head - No; MOTION CARRIED WITH: 11 YES; 2 NO; 0 ABSTAIN; 3 NOT VOTING. Motion No. 10-07 – Motion made by Valarie Janis, seconded by Garfield Little Dog to two-thirds onto the agenda the resolution entitled, “Supporting the Recent Action of the Oglala Sioux Tribal Gaming Commission’s Suspension of the Gaming License of Prairie Wind Casino and Hotel’s Current General Manager.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle - Yes; Ella John Carlow - Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting;Stanley Little Whiteman - Yes; James Cross - Yes; JimMeeks-Yes;CraigDillon-Yes; J o h n Mousseau - Not Voting; Phillip Good Crow - Yes; Joseph Rosales - No; Ricky Grey Grass - Yes; Anthony Wounded Head - Yes; MOTION CARRIED WITH: 13 YES; 1 NO; 0 ABSTAIN; 2 NOT VOTING. OST Land Committee – Agenda Items Motion No. 10-08 – Motion made by Anthony Wounded Knee, seconded by Lydia Bear Killer to two-thirds onto the agenda the resolution entitled, “Resolution Approving a Construction Change Order and a AE Services Change Order For Project #Y9A13 American Recovery And Reinvestment Act (ARRA) Funding For Add Alternatives #2 And #3 Of The Pine Ridge Dormitory And FI&R Project.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting ; Stanley Little Whiteman- Yes; James Cross- Yes; JimMeeks-Yes;CraigDillon-Yes; J o h n Mousseau - Yes; Phillip Good Crow - Yes; Joseph Rosales - Yes; Ricky Grey Grass- Yes; Anthony Wounded Head - Yes; MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. OST Finance Committee – Agenda Items Motion No. 10-09 – Motion made by Lydia Bear Killer, seconded by Ella John Carlow to two-thirds onto the agenda the resolution entitled, “Resolution Of The Oglala Sioux Tribal Authorizing The Tribal President To Request That Shakopee Mdewakanton Sioux Community Transfer Excess Land Lease Monies From 2008-2009 To The Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting ; Stanley Little Whiteman- Yes; James Cross- Yes; JimMeeks-Yes;CraigDillon-Yes; J o h n Mousseau - Yes; Phillip Good Crow - Yes; Joseph Rosales - Yes; Ricky Grey Grass- Yes; Anthony Wounded Head– Not Voting MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Motion No. 10-10 – Motion made by Lydia Bear Killer, seconded by Anthony Wounded Head to two-thirds onto the agenda the resolution entitled, “Resolution of the Oglala Sioux Tribal Council Directing the Bureau of Indian Affairs to Transfer $2,215,516.19 To The Shakopee Mdewakanton Sioux Community As Per Tribal Loan Agreements.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting;Stanley Little Whiteman- Yes; James Cross- Yes; Jim Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes ; Garfield Little Dog- Yes; Kim Clausen - Not Voting;Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes; Craig Dillon- Yes ; John Mousseau - Yes; Phillip Good Crow - Yes; Joseph Rosales - Yes; Ricky Grey Grass- Yes ; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Motion No. 10-11 – Motion made by Lydia Bear Killer, seconded by Anthony Wounded Head and Ella John Carlow to two-thirds onto the agenda the resolution entitled, “Resolution Of The Oglala Sioux Tribal Council Of The Oglala Sioux Tribe Approving Contract Between Rocky Sage DuBray And The Oglala Sioux Tribe, Which Shall Also Include A Travel Line Item In The Amount Of $5,000.00 So he Could Continue To Assist In Administrative And Other Clerical Duties For The Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes;Phillip Jumping Eagle - Yes; Ella John Carlow - Yes; Garfield Little Dog - Yes; Kim Clausen - Not Voting; Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes; Craig Dillon - Yes; John Mousseau - Yes; Phillip Good Crow - Yes; Joseph Rosales - Yes; Ricky Grey Grass- Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Motion No. 10-12 – Motion made by Lydia Bear Killer, seconded by Ella John Carlow to two-thirds onto the agenda the resolution entitled, “Resolution Of The Oglala Sioux Tribal Council Of The Oglala Sioux Tribe Approving Contract Between Warren Weston Eagle And The Oglala Sioux Tribe, Which Shall Also Include A Travel Line Item In The Amount Of $5,000.00 So He Could Continue To Assist In Administrative And Other Clerical Duties For The Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes; Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes; Ella John Carlow- Yes; Garfield Little Dog- Yes; Kim Clausen - Not Voting; Stanley Little Whiteman - Yes; James Cross - Yes; Jim Meeks - Yes; Craig Dillon- Yes ; John Mousseau - Yes ;Phillip Good Crow - Yes; Joseph Rosales - Yes;Ricky Grey Grass- Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. OST HHS Committee – Agenda Items Consensus to remove the Disenrollment Items from the HHS Committee agenda items, with the exception of the contracts for the physicians. OST Judiciary Committee – Agenda Item Motion No. 10-13 – Motion made by John Mousseau, seconded by Anthony Wounded Head to two-thirds onto the agenda the OST Prosecutor’s Position. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes;Phillip Jumping Eagle - Yes; Ella John Carlow - Yes ; Garfield Little Dog- Yes;Kim Clausen - Yes;Stanley Little Whiteman-Yes;JamesCross-Yes; J i m Meeks - Yes;Craig Dillon- Yes ;John Mousseau - Yes;Phillip Good Crow - yes;Joseph Rosales - Yes;Ricky Grey Grass- Yes;Anthony Wounded Head – Yes; MOTION CARRIED UNANIMOUSLY (16) YES. Motion No. 10-14 – Motion made by Lydia Bear Killer, seconded by Garfield Little Dog to approve the amended agenda. ROLL CALL VOTE: Billy Amiotte- Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes Phillip Jumping Eagle Yes;Ella John Carlow- Yes ; Garfield Little Dog- Yes;Kim Clausen - Yes;Stanley Little Whiteman-Yes;JamesCross-Yes; J i m Meeks - Yes;Craig Dillon- Yes; John Mousseau - Yes;Phillip Good Crow - Yes;Joseph Rosales - Yes;Ricky Grey Grass- Yes;Anthony Wounded Head– Yes; MOTION CARRIED UNANIMOUSLY (16) YES. OST SECRETARY’S OFFICE – Approval of Minutes Motion No. 10-14 – Motion made by Garfield Little Dog, seconded by John Mousseau to approve the Oglala Sioux Tribal Council Minutes for November 10, November 24, November 29, and December 14, 2009. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes Phillip Jumping Eagle - No; Ella John Carlow- Yes ;Garfield Little Dog - Yes;Kim Clausen - Yes;Stanley Little Whiteman- Yes;James Cross- Yes;Jim Meeks - Yes;Craig Dillon - Yes ;John Mousseau - Yes;Phillip Good Crow - Yes;Joseph Rosales - Yes;Ricky Grey Grass- Yes;Anthony Wounded Head– Yes; MOTION CARRIED WITH: 15 YES, 1 NO; 0 ABSTAIN; 0 NOT VOTING. Motion No. 10-15 - Motion made by Lydia Bear Killer, seconded by Ella John Carlow to approve the Oglala Sioux Tribe Executive Committee Minutes for November 19, November 20 (1st & 2nd Session), 2009. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes;Phillip Jumping Eagle - Yes; Ella John Carlow - Yes ;Garfield Little Dog - Yes;Kim Clausen - Yes; Stanley Little Whiteman- Yes;James Cross- Yes;Jim Meeks - Yes;Craig Dillon - Yes ;John Mousseau - Yes;Phillip Good Crow - Yes;Joseph Rosales - Yes;Ricky Grey Grass- Yes;Anthony Wounded Head – Yes; MOTION CARRIED UNANIMOUSLY (16) YES. OST TREASURER’S OFFICE – Report PRESENT: Barbara Dull Knife (17). Motion No. 10-17 Motion made by Garfield Little Dog, seconded by Kim Clausen to table the OST Treasurer’s complete report until the January Regular Session of the Oglala Sioux Tribal Council. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- No;Lydia Bear Killer - No;Phillip Jumping Eagle - Yes; Ella John Carlow - No ;Garfield Little Dog - Yes;Kim Clausen - Yes; Stanley Little Whiteman-Yes;JamesCross-Yes; J i m Meeks - Yes;Craig Dillon- Yes ;John Mousseau - Yes;Barbara Dull Knife- No ;Joseph Rosales - Yes;Phillip Good Crow - Yes;Anthony Wounded Head– No;Ricky Grey Grass- No; MOTION CARRIED WITH: 11 YES; 6 NO; 0 ABSTAIN; 0 NOT VOTING. Motion No. 10-18 – 2010 General Fund Budget Motion made by Craig Dillon, seconded by Phillip Good Crow to approve to 2010 General Fund Budget. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes;Phillip Jumping Eagle - Yes; Ella John Carlow- Yes;Garfield Little Dog- Yes; Kim Clausen - No;Stanley Little Whiteman- Yes;James Cross- Yes;Jim Meeks - Yes;Craig Dillon- Yes ;John Mousseau - Yes; Barbara Dull Knife- Yes; Joseph Rosales - Yes;Phillip Good Crow - Yes; Anthony Wounded Head – Yes;Ricky Grey Grass- Yes; MOTION CARRIED WITH: 16 YES; 1 NO; 0 ABSTAIN; 0 NOT VOTING. Kim Clausen read proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Adopting 2010 General Fund Budget.” FOR THE RECORD: The proposed ordinance to adopt the 2010 General Fund Budget is hereby amended to a resolution. NOTE: Budget Working Session will be held by the OST Treasurer’s Officeon February 3, 4, 5, 2010 in the OST Council chambers. Brief presentation made by Jim Bradford, State Representative, State of South Dakota regarding State Legislative Session. Indirect Cost Budget – President Two Bulls declared the Oglala Sioux Tribal Council into Executive Session. E-X-E-C-U-T-I-V-E S-E-S-S-I-O-N President Two Bulls declared the Oglala Sioux Tribal Council out of Executive Session. Motion No. 10-19 – Motion made by John Mousseau, seconded by Garfield Little Dog to reinsert the Enforcement Officer line item in the 2010 Indirect Cost Budget under the OST Executive Director’s Office. ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- No;Lydia Bear Killer - No; Phillip Jumping Eagle- No; Ella John Carlow- No ; Garfield Little Dog- Yes;Kim Clausen - No; Stanley Little Whiteman- Yes; James Cross- Yes; Jim Meeks - Yes;Craig Dillon - No ; John Mousseau - Yes;Barbara Dull Knife- No ; Joseph Rosales - Yes;Phillip Good Crow - Yes;Anthony Wounded Head– No;Ricky Grey Grass- Not Voting; MOTION TIED WITH: 8 YES; 8 NO; 0 ABSTAIN; 1 NOT VOTING. SECOND ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- No;Lydia Bear Killer - No; Phillip Jumping Eagle - No; Ella John Carlow- No; Garfield Little Dog No; Kim Clausen - Yes; Stanley Little Whiteman Yes;James Cross- Yes; Jim Meeks - Yes;Craig Dillon- No; John Mousseau - Yes; Barbara Dull Knife - No ; Joseph Rosales - Yes;Phillip Good Crow - Yes;Anthony Wounded Head – No;Ricky Grey Grass - Not Voting; MOTION TIED WITH: 8 YES; 8 NO; 0 ABSTAIN; 1 NOT VOTING. President Two Bulls votes “Yes” to break the tie. MOTION CARRIED WITH: 9 YES; 8 NO; 0 ABSTAIN; 1 NOT VOTING. Resolution No. 10-02 – Motion made by Garfield Little Dog, seconded by Craig Dillon to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Adopting 2010 Indirect Cost Budget.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes;Lydia Bear Killer - Yes, Phillip Jumping Eagle - Yes; Ella John Carlow- Yes;Garfield Little Dog - Yes;Kim Clausen - Yes; Stanley Little Whiteman Yes;James Cross- Yes; Jim Meeks - Yes;Craig Dillon- Yes ;John Mousseau - Yes;Barbara Dull Knife- No;Joseph Rosales - Yes;Phillip Good Crow - Yes;Anthony Wounded Head– Yes;Ricky Grey Grass - Not Voting; MOTION CARRIED WITH: 15 YES; 1 NO; 0 ABSTAIN; 1 NOT VOTING. Resolution No. 10-01 – General Fund Budget Motion made by Kim Clausen, seconded by Garfield Little Dog to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Adopting 2010 General Fund Budget.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes;Lydia Bear Killer - Yes; Phillip Jumping Eagle - Yes; Ella John Carlow- Yes; Garfield Little Dog - Yes;Kim Clausen - Yes; Stanley Little Whiteman Yes;James Cross- Yes;Jim Meeks - Yes; Craig Dillon- Yes ; John Mousseau - Yes; Barbara Dull Knife- Yes, Joseph Rosales - Yes;Phillip Good Crow - Yes;Anthony Wounded Head– Yes; Ricky Grey Grass- Not Voting; MOTION CARRIED WITH: 16 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. OST E&BD COMMITTEE – President Two Bulls declared the Oglala Sioux Tribal Council into Executive Session at 4:16 p.m. E-X-E-C-U-T-I-V-E S-E-S-S-I-O-N President Two Bulls declared the Oglala Sioux Tribal Council out of Executive Session out at 4:55 p.m. Resolution No. 10-03 – Motion made by Phillip Good Crow, seconded by Craig Dillon to adopt proposed resolution entitled, “Resolution Directing Advertising of General Manager Position for Prairie Wind Casino.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis - Yes; Lydia Bear Killer - Yes;Phillip Jumping Eagle Yes;Ella John Carlow- Yes; Garfield Little Dog- Yes;Kim Clausen - Yes; Stanley Little Whiteman Yes; James Cross- Yes ; Jim Meeks - Yes;Craig Dillon- Yes ;John Mousseau - Yes;Barbara Dull Knife- No; Joseph Rosales - No;Phillip Good Crow - Yes; Anthony Wounded Head– No; MOTION CARRIED WITH: 13 YES; 3 NO; 0 ABSTAIN; 0 NOT VOTING. Motion No. 10-21 – Motion made by Phillip Good Crow, seconded by Garfield Little Dog to temporarily appoint Richard Shangreaux as Acting General Manager of the Prairie Wind Casino until the new General Manager is selected by the OST Tribal Council and salary will be negotiated with E&BD Committee. ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis - No; Lydia Bear Killer - Yes;Phillip Jumping Eagle - Yes;Ella John Carlow- Yes; Garfield Little Dog - Yes;Kim Clausen - No; Stanley Little Whiteman- Yes;James Cross- Yes; Jim Meeks-Yes;CraigDillon -Yes; John Mousseau - Yes; Barbara Dull Knife - No; Joseph Rosales – Not Voting; Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 12 YES; 3 NO; 0 ABSTAIN; 1 NOT VOTING. Motion No. 10-22 – Motion made by Phillip Good Crow, seconded by Garfield Little Dog to advertised the General Manager position nation-wide, New York’s Indian Country, Tim Giago’s newspaper, the paper in Martin and all available websites and advertised for 45 days, the cutoff date shall be February 26, 2010 for advertising and a Tribal Council Meeting will be held on March 2, 2010 for the selection of the General Manager position. ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis - No;Lydia Bear Killer - No;Phillip Jumping Eagle - Yes;Ella John Carlow- Yes; Garfield Little Dog - Yes;Kim Clausen - No; Stanley Little Whiteman – Not Voting;James Cross - Yes;Jim Meeks - Yes;Craig Dillon - No ; John Mousseau - No; Barbara Dull Knife- No; Joseph Rosales – Not Voting;Phillip Good Crow - Yes; Anthony Wounded Head – Not Voting; MOTION CARRIED WITH: 7 YES; 6 NO; 0 ABSTAIN; 3 NOT VOTING. NOTE: Attorney White Hat informed the council that the “Not Voting” goes with the majority of the vote. Motion No. 10-23 – Motion made by Phillip Good Crow, seconded by Lydia Bear Killer to Terminate Pamela Giago as General Manager of the Prairie Wind Casino with cause. ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis- Yes;Lydia Bear Killer - Yes;Phillip Jumping Eagle – Not Voting;Ella John Carlow - Yes;Garfield Little Dog- Yes;Kim Clausen - Yes;Stanley Little Whiteman- Yes;James Cross- No;Jim Meeks - Yes;Craig Dillon - Yes ; John Mousseau - Yes; Barbara Dull Knife- Not Voting; Joseph Rosales – No;Phillip Good Crow - Yes; Anthony Wounded Head– No; MOTION CARRIED WITH: 12 YES; 2 NO; 0 ABSTAIN; 2 NOT VOTING. OST HEALTH AND HUMAN SERVICES COMMITTEE – Resolution No. 10-04 – Dr. Mark Ballard Motion made by Kim Clausen, seconded by Ella John Carlow to adopt proposed resolution entitled, “Resolution Approving Contract for Professional Medical Services with Dr. Mark Ballard.” ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes;Phillip Jumping Eagle – Not Voting;Ella John Carlow- Yes;Garfield Little Dog- Yes;Kim Clausen - Yes; Stanley Little Whiteman- Yes;James Cross- Yes ; Jim Meeks - Yes;Craig Dillon - Yes ; John Mousseau - Not Voting; Barbara Dull Knife- Yes;Joseph Rosales - Yes;Phillip Good Crow- Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Resolution No. 10-05 – Dr. Jeff Bendt Motion made by Kim Clausen, seconded by Ella John Carlow to adopt proposed resolution entitled, “Resolution Approving Contract for Professional Medical Services with Dr. Jeff Bendt.” ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes; Lydia Bear Killer - Not Voting ;Phillip Jumping Eagle– Yes;Ella John Carlow - Yes; Garfield Little Dog- Yes;Kim Clausen - Yes; Stanley Little Whiteman - Yes;James Cross- Yes; Jim Meeks - Yes;Craig Dillon- Not ;Voting John Mousseau - Not Voting; Barbara Dull Knife - Yes; Joseph Rosales- Yes;Phillip Good Crow - Yes;Anthony Wounded Head– Yes; MOTION CARRIED WITH: 13 YES; 0 NO; 0 ABSTAIN; 3 NOT VOTING. Resolution No. 10-06 – Dr. Tara Haas (2009) Motion made by Kim Clausen, seconded by Ella John Carlow to adopt proposed resolution entitled, “Resolution Approving Contract for Professional Medical Services with Dr. Tara Haas.” ROLL CALL VOTE: Billy Amiotte - Yes; Valarie Janis - Yes;Lydia Bear Killer - Yes; Phillip Jumping Eagle Yes;Ella John Carlow- Yes; Garfield Little Dog - Not Voting;Kim Clausen - Yes; Stanley Little Whiteman- Yes;James Cross- Yes; Jim Meeks - Yes;Craig Dillon - Yes;John Mousseau - Not Voting;Barbara Dull Knife- Yes; Joseph Rosales - Yes;Phillip Good Crow - Yes; Anthony Wounded Head – Yes; MOTION CARRIED WITH: 14 YES; 0 NO; 0 ABSTAIN; 2 NOT VOTING. Resolution No. 10-07 – Dr. Tara Haas (2010) Motion made by Kim Clausen, seconded by Ella John Carlow to adopt proposed resolution entitled, “Resolution Approving Contract for Professional Medical Services with Dr. Tara Haas.” ROLL CALL VOTE: Billy Amiotte - Yes;Valarie Janis- Yes;Lydia Bear Killer - Yes; Phillip Jumping Eagle - Yes; Ella John Carlow - Yes;Garfield Little Dog - Yes;Kim Clausen - Yes; Stanley Little Whiteman- Yes;James Cross- Yes;Jim Meeks - Yes;Craig Dillon- Yes ; John Mousseau - Yes;Barbara Dull Knife- Yes;Joseph Rosales - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED UNANIMOUSLY (16) YES. OST FINANCE COMMITTEE – Resolution No. 10-08 – Excess Lease Income Motion made by Kim Clausen, seconded by Lydia Bear Killer to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Authorizing the Tribal President to Request the Shakopee Mdewakanton Sioux Community Transfer Excess Land Lease Monies from 2008-2009 to the Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes Valarie Janis- Yes,Lydia Bear Killer - Yes, Phillip Jumping Eagle-- Yes Ella John Carlow- YesGarfield Little Dog- Yes Kim Clausen - Yes, Stanley Little Whiteman Yes, James Cross- Yes , Jim Meeks - Yes,Craig Dillon- Yes, John Mousseau - Yes Barbara Dull Knife- Yes, Joseph Rosales - Yes Phillip Good Crow - Yes, Anthony Wounded Head– Yes MOTION CARRIED UNANIMOUSLY (16) YES. Resolution No. 10-09 – Motion made by Kim Clausen, seconded by Phillip Good Crow, John Mousseau and Barbara Dull Knife to adopt the proposed resolution with amendment entitled, “Resolution of the Oglala Sioux Tribal Council Directing the Bureau of Indian Affairs to Transfer $2,215,516.19 to the Shakopee Mdewakanton Sioux Community as Per Tribal Loan Agreements.” ROLL CALL VOTE: Billy Amiotte - Yes Valarie Janis - Yes Lydia Bear Killer – Not Voting , Phillip Jumping Eagle - Yes, Ella John Carlow- Yes,Garfield Little Dog- Yes,Kim Clausen - Yes Stanley Little Whiteman- Yes,James Cross- Yes, Jim Meeks - Yes, Craig Dillon- Yes, John Mousseau - Yes ,Barbara Dull Knife- Yes,Joseph Rosales - Yes,Phillip Good Crow - Yes, Anthony Wounded Head– Yes MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Resolution No. 10-10 – Motion made by Kim Clausen, seconded by Anthony Wounded Head and Lydia Bear Killer to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Increasing Drug Free Workplace Act Program Funding Level.” ROLL CALL VOTE: Billy Amiotte Valarie Janis- Yes,Lydia Bear Killer - Yes Phillip Jumping Eagle- Yes, Ella John Carlow- Yes, Garfield Little Dog- Yes, Kim Clausen - Yes, Stanley Little Whiteman - Yes, James Cross - Yes, Jim Meeks- Yes, Craig Dillon- Yes, John Mousseau- Yes, Barbara Dull Knife- Yes,Joseph Rosales- Yes, Phillip Good Crow - Not Voting Anthony Wounded Head– Yes MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Resolution No. 10-11 – Motion made by Kim Clausen, seconded by Lydia Bear Killer to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council Approving Per Diem Rates for Fiscal Year 2010.” ROLL CALL VOTE: Billy Amiotte - Yes, Valarie Janis- Yes,Lydia Bear Killer - Yes, Phillip Jumping Eagle - Yes Ella John Carlow- Yes, Garfield Little Dog- Yes Kim Clausen - Yes, Stanley Little Whiteman - Yes, James Cross - Yes, Jim Meek- Yes, Craig Dillon- Yes, John Mousseau- Yes, Barbara Dull Knife- Yes,Joseph Rosales - Yes,Phillip Good Crow– Not Voting Anthony Wounded Head– Yes MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Resolution No. 10-12 – Motion made by Lydia Bear Killer, seconded Barbara Dull Knife to adopt proposed resolution with amendment entitled, “Resolution of the Oglala Sioux Tribal Council of the Oglala Sioux Tribe Approving Contract Between Warren Weston Eagle and the Oglala Sioux Tribe, Which Shall Also Include A Travel Line Item in the Amount of $5,000.00, so He Could Continue to Assist in Administrative and Other Clerical Duties of the Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes, Valarie Janis- Yes, Lydia Bear Killer - Yes, Phillip Jumping Eagle- Yes Ella John Carlow- Yes, Garfield Little Dog- Yes, Kim Clausen - Yes, Stanley Little Whiteman Yes,James Cross- Yes, Jim Meeks- Yes, Craig Dillon- Yes, John Mousseau - Yes,Barbara Dull Knife- Yes,Joseph Rosales - Yes,Phillip Good Crow – Not Voting Anthony Wounded Head– Yes, MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. Present: Ricky Gray Grass (17). Resolution No. 10-13 – Motion made by Kim Clausen, seconded by Barbara Dull Knife to adopt proposed resolution with amendment entitled, “Resolution of the Oglala Sioux Tribal Council of the Oglala Sioux Tribe Approving Contract Between Rocky Sage DuBray and the Oglala Sioux Tribe, Which Shall Also Include A Travel Line Item in the Amount of $5,000.00, so He Could Continue to Assist in Administrative and Other Clerical Duties of the Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes,Valarie Janis- Yes,Lydia Bear Killer - Yes, Phillip Jumping Eagle - Yes, Ella John Carlow - Yes,Garfield Little Dog - Yes,Kim Clausen - Yes, Stanley Little Whiteman- Yes,James Cross- Yes, Jim Meeks - Yes, Craig Dillon- Yes, John Mousseau - Yes, Barbara Dull Knife- Yes, Joseph Rosales - Yes,Phillip Good Crow– Not Voting Anthony Wounded Head– Yes,Ricky Grey Grass- Yes, MOTION CARRIED WITH: 16 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. WOUNDED KNEE DISTRICT – Motion No. 10-24 – Motion made by Craig Dillon, seconded by Phillip Good Crow to have the OST President set up a meeting with George Wilson, Terry Mills and the Wounded Knee District Empowerment Zone Task Force tomorrow, January 12, 2010, at 9:00 a.m. ROLL CALL VOTE: Billy Amiotte - Yes,Valarie Janis- Yes, L y d i a Bear Killer- Not Voting Phillip Jumping Eagle - Yes, Ella John Carlow- Yes,Garfield Little Dog- No,Kim Clausen - Yes, Stanley Little Whiteman- Yes,James Cross- Yes, Jim Meeks - Yes, Craig Dillon - Yes, John Mousseau - Yes,Barbara Dull Knife- Yes,Joseph Rosales - No,Phillip Good Crow – Yes, Anthony Wounded Head– Yes,Ricky Grey Grass- Yes, MOTION CARRIED WITH: 14 YES; 2 NO; 0 ABSTAIN; 1 NOT VOTING. Garfield Little Dog read WKD Resolution No. 10-01XB “For the Record”. Motion No. 10-25 – Motion made by John Mousseau, seconded by Stanley Little Whiteman and Anthony Wounded Head to table proposed resolution entitled, “Resolution of the Wounded Knee District Executive Board of the Oglala Sioux Tribe of the Pine Ridge Indian Reservation to the Oglala Sioux Tribal Council and Oglala Sioux Tribe President to Remove Mr. George Wilson as the OOWEZ Executive Director and Mr. Terry Mills as the Board of Director’s President for Not Adhering to Oglala Sioux Tribal Council Resolutions, Ordinances and District Resolutions.” ROLL CALL VOTE: Billy Amiotte - Yes, Valarie Janis- Yes,L y d i a Bear Killer- Yes, Phillip Jumping Eagle - No, Ella John Carlow- Yes, Garfield Little Dog - No,Kim Clausen - Yes,Stanley Little Whiteman Yes,James Cross- Yes, Jim Meeks - Yes, Craig Dillon- Yes , John Mousseau - Yes, Barbara Dull Knife- Yes,Joseph Rosales - Not Voting, Phillip Good Crow – Yes, Anthony Wounded Head– Yes,Ricky Grey Grass- Yes MOTION CARRIED WITH: 14 YES; 2 NO; 0 ABSTAIN; 1 NOT VOTING. Supper Break. Meeting Resumed. President Two Bulls declared the Oglala Sioux Tribal Council out of Executive Session. EXCUSED: Joseph Rosales (16). Motion No. 10-26 – OST Prosecutor Motion made by John Mousseau, seconded by Kim Clausen to Terminate Kenneth Bordeaux as OST Prosecutor. ROLL CALL VOTE: Billy Amiotte- Yes; Ricky Grey Grass - Yes; Lydia Bear Killer - Yes; Valarie Janis- Yes; Ella John Carlow - Yes;Phillip Jumping Eagle - No;Kim Clausen- Yes; Garfield Little Dog- No;James Cross- Yes; Stanley Little Whiteman- Yes;Craig Dillon- Yes ; Jim Meeks - Yes;Barbara Dull Knife- Not Voting; John Mousseau - Yes;Phillip Good Crow - No; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 12 YES; 3 NO; 0 ABSTAIN; 1 NOT VOTING. Motion No. 10-27 – Motion made by John Mousseau, seconded by Anthony Wounded Head to AffirmMr. Merwin Smith, Attorney General, Recommendation to Temporarily Appoint Don Twiss as the OST Prosecutor until the Prosecutor’s Position is Advertised and Filled by the Oglala Sioux Tribal Council. ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass- Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Yes;Kim Clausen - Yes; Garfield Little Dog- Yes;James Cross- Yes; Stanley Little Whiteman-Yes;CraigDillon-Yes; J i m Meeks-Yes;BarbaraDullKnife-Yes; J o h n Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED UNANIMOUSLY (16) YES. Resolution No. 10-14 – Mario Gonzalez Contract Motion made by John Mousseau, seconded by Anthony Wounded Knee and Kim Clausen to adopt proposed resolution with Amendment entitled, “Resolution to Approve Special Counsel Agreement Between the Oglala Sioux Tribe and Attorney Mario Gonzalez.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis- Yes; Ella John Carlow- Yes;Phillip Jumping Eagle - Yes;Kim Clausen - Yes; Garfield Little Dog- Yes;James Cross- Yes; Stanley Little Whiteman-Yes;CraigDillon-Yes; J i m Meeks - Yes; Barbara Dull Knife - Yes; John Mousseau - Yes;Phillip Good Crow - Yes;Anthony Wounded Head– Yes; MOTION CARRIED UNANIMOUSLY (16) YES. Resolution No. 10-15 – Patty Marks Contract Motion made by John Mousseau, seconded by Kim Clausen to adopt proposed resolution with amendment entitled, “Resolution of the Oglala Sioux Tribe Approving the Special Counsel Agreement Between the Oglala Sioux Tribe and Attorney Patricia Marks.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - No;Valarie Janis - No; Ella John Carlow - Yes; Phillip Jumping Eagle - No;Kim Clausen - Yes;Garfield Little Dog- No;James Cross- Yes; Stanley Little Whiteman-Yes; CraigDillon-No; J i m Meeks-Yes;BarbaraDullKnife-Yes; J o h n Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 11 YES; 5 NO; 0 ABSTAIN; 0 NOT VOTING. Resolution No. 10-16 – Diane Zephier Motion made by John Mousseau, seconded by Kim Clausen to adopt proposed resolution entitled, “Resolution Of The Oglala Sioux Tribal Council Amending OST Resolution No. 09- 261 Appointing Diane Zephier As A Temporary Special Judge For The Oglala Sioux Tribe.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow- Yes;Phillip Jumping Eagle - Yes;Kim Clausen - Yes; Garfield Little Dog- No;James Cross- Yes; Stanley Little Whiteman-Yes; CraigDillon-Yes;J i m Meeks - Yes;Barbara Dull Knife - Yes John Mousseau - Yes;Phillip Good Crow- Yes;Anthony Wounded Head– Yes; MOTION CARRIED WITH: 15 YES; 1 NO; 0 ABSTAIN; 0 NOT VOTING. Motion No. 10-28 – Motion made by Anthony Wounded Head, seconded by John Mousseau to adopt proposed resolution entitled, “Resolution of the Oglala Sioux Tribal Council to Request Technical Assistance from the Bureau of Indian Affairs for the Supreme Court Clerk.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - No; Lydia Bear Killer - No;Valarie Janis - No; Ella John Carlow - No;Phillip Jumping Eagle - No;Kim Clausen - No; Garfield Little Dog- No;James Cross- No; Stanley Little Whiteman-No;CraigDillon-No; J i m Meeks-Yes;BarbaraDullKnife-No; J o h n Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION FAILED WITH: 5 YES; 11 NO; 0 ABSTAIN; 0 NOT VOTING. Resolution No. 10-17 – Motion made by Anthony Wounded Head, seconded by John Mousseau to adopt proposed resolution entitled, “Resolution Of The Oglala Sioux Tribal Council To Request Technical Assistance From The Bureau Of Indian Affairs For The Oglala Sioux Tribe Judiciary Committee and Courts.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Yes;Kim Clausen - No;Garfield Little Dog- No;James Cross- Yes; Stanley Little Whiteman-Yes;CraigDillon-Yes; J i m Meeks-Yes;BarbaraDullKnife-Yes; J o h n Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 14 YES; 2 NO; 0 ABSTAIN; 0 NOT VOTING. Resolution No. 10-18 – Motion made by Anthony Wounded Head, seconded by Barbara Dull Knife and John Mousseau to adopt proposed resolution entitled, “Resolution Of The Oglala Sioux Tribal Council To Request Technical Assistance From The Bureau Of Indian Affairs For The OfficeOf Attorney General.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Yes;Kim Clausen - Not Voting; Garfield Little Dog - No;James Cross - Yes; StanleyLittleWhiteman -Yes; Craig Dillon -Yes; JimMeeks-Yes; Bar- bara Dull Knife - Yes ; John Mousseau - Yes; Phillip Good Crow - Yes; A n - thony Wounded Head– Yes; MOTION CARRIED WITH: 14 YES; 1 NO; 0 ABSTAIN; 1 NOT VOTING. Motion No. 10-29 – Motion made by Garfield Little Dog, seconded by Lydia Bear Killer to request the attorney to draft an ordinance regarding the process for the President to call emergency council meetings during natural, biological and other disasters and have draft ordinance referred to the Judiciary Committee and the Tribal Council for approval. ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Yes; Kim Clausen - Yes; Garfield Little Dog - Yes;James Cross - Yes; Stanley Little Whiteman- Yes;Craig Dillon - Yes ;Jim Meeks - Yes; Barbara Dull Knife - Yes; John Mousseau - Yes; PhillipGoodCrow-Yes; A n t h o ny Wounded Head – Yes; MOTION CARRIED UNANIMOUSLY (16) YES. Motion No. 10-30 – Motion made by Valarie Janis, seconded by Barbara Dull Knife to acknowledge the resolutions from the Oglala District entitled, “ODEC-10-01 – Requesting an Immediate Review of the Prairie Wind Casino’s General Manager Position Description and to Enforce Compliance with Casino Position Description and Tribal Employment Regulations. “ and “ODEC-10-02 – Supporting the Recent Action of the Oglala Sioux Tribal Council Commission’s Suspension of the Gaming License of Prairie Wind Casino and Hotel’s Current General Manager.” ROLL CALL VOTE: Billy Amiotte - Yes;Ricky Grey Grass - Yes; Lydia Bear Killer - Yes;Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Yes; Kim Clausen - Yes; Garfield Little Dog - Yes; James Cross- Yes;Stanley Little Whiteman - Yes; CraigDillon-Yes;JimMeeks-Yes; B a r - bara Dull Knife - Yes ; John Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED UNANIMOUSLY (16) YES. Resolution No. 10-19 – Motion made by Anthony Wounded Head, seconded Lydia Bear Killer, John Mousseau, Ella John Carlow, Phillip Good Crow and Barbara Dull Knife to adopt proposed resolution entitled, “Resolution Approving A Construction Change Order and a AE Services Change Order for Project #Y9A13 American Recovery and Reinvestment Act (ARRA) Funding for Add Alternatives #2 And #3 of the Pine Ridge Dormitory and FI&R Project.” ROLL CALL VOTE: Billy Amiotte - Yes; Ricky Grey Grass- Yes; Lydia Bear Killer - Yes; Valarie Janis - Yes; Ella John Carlow - Yes; Phillip Jumping Eagle - Not Voting;Kim Clausen Yes; Garfield Little Dog- Yes;James Cross - Yes; Stanley Little Whiteman- Yes;Craig Dillon- Yes; Jim Meeks - Yes; Barbara Dull Knife - Yes ; John Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head– Yes; MOTION CARRIED WITH: 15 YES; 0 NO; 0 ABSTAIN; 1 NOT VOTING. ADJOURNMENT – Motion made by Anthony Wounded Head, seconded by Lydia Bear Killer to Adjourn the Special Session of the Oglala Sioux Tribal Council. ROLL CALL VOTE: Billy Amiotte - Yes; Ricky Grey Grass- Yes; Lydia Bear Killer - Yes; Valarie Janis- Yes;Ella John Carlow- Yes; Phillip Jumping Eagle – Not Voting;Kim Clausen - Yes; Garfield Little Dog - Yes;James Cross - No; Stanley Little Whiteman- Yes;Craig Dillon - Yes; Jim Meeks - Yes; Barbara Dull Knife - No ; John Mousseau - Yes;Phillip Good Crow - Yes; Anthony Wounded Head – Yes; MOTION CARRIED WITH: 13 YES; 2 NO; 0 ABSTAIN; 1 NOT VOTING. Meeting adjourned at 9:13 p.m. * * * * * * * * * * C-E-R-T-I-F-I-C-A-T-I-O-N I, as undersigned Secretary of the Oglala Sioux Tribal Council, hereby certify that the foregoing proceedings are the true and correct transactions of the Oglala Sioux Tribal Council during a SPECIAL SESSION held on the 11th day of JANUARY, 2010. RHONDA J. TWO EAGLE Secretary Oglala Sioux Tribe A-T-T-E-S-T: THERESA B. TWO BULLS President Oglala Sioux Tribe |
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