ORIGINAL ARTICLE BELOW.

SWO Constitution Removal Section

Removal of chairman document April 2012

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Sisseton member looks to oust chairman

Cites tribal constitution violations

By Jesse Abernathy

Native Sun News Editor

All content © 2012 Native Sun News

AGENCY VILLAGE – A member of the Sisseton Wahpeton Oyate has filed a request to have the tribe’s chairman suspended from office in advance of removal proceedings.

Dawn Seaboy-Block, who resides in the Enemy Swim District of the Lake Traverse Reservation, presented the formal written request to the SWO Tribal Council at a regular meeting on April 11. After hearing Seaboy-Block’s request, the council opted to indefinitely table a decision to allow councilors time to review the matter.

As a first step toward impeachment, Seaboy-Block is calling for the immediate suspension of Chairman Robert Shepherd, citing three alleged separate causes of action against him since he took office in January of 2011 – all violations of the SWO Constitution.

“Per Sisseton Wahpeton Oyate Constitution and Bylaws, the current SWO tribal chairman, Robert Octavio Shepherd, has violated the Constitution by sending a letter to the NIGC (National Indian Gaming Commission) on October 7, 2011, without the approval and/or directive from the current Sisseton Wahpeton tribal council and without proper motion … ,” Seaboy-Block wrote in explaining the first charge in her request.

Shepherd’s letter, addressed to NIGC’s regional director, John Guerber, is a response to Sioux Falls attorney Steven Sandven’s September request that an NIGC investigation into the actions of a former employee of the tribe’s Dakota Magic Casino be conducted on behalf of one of his clients, who is assumed throughout the letter to be SWO member Michael J. Roberts, a former CEO of Dakota Nation Gaming Enterprise.

DNGE is a tribal entity that oversees Dakota Magic and the tribe’s other two casino properties.

Roberts was fired without cause by tribal administration in October 2009 after serving as the enterprise’s CEO for four months, as reported by Native Sun News at the time.

Writing “on behalf of the Sisseton Wahpeton Oyate,” Shepherd summarily denies Sandven’s request in the first paragraph of the letter.

“ … Mr. Roberts filed a whistleblower complaint with the Tribe two years ago,” said Shepherd in the letter from last October, “and he provided a copy to (NIGC).”

“The Tribe responded to Mr. Roberts’ allegations on October 14, 2009, and the Tribe provided a copy of the response to (NIGC). As with Mr. Sandven’s letter, most of Mr. Roberts’ complaints pertained to former (Dakota Magic) General Manager Danny White.”

White, a member of the SWO, was general manager of Dakota Magic at the time Roberts was terminated.

In his complaint, which was filed under the tribe’s Whistleblower Protection Act, Roberts accused White of 11 counts of misconduct involving misappropriation of Dakota Magic funds to himself, various tribal citizens, then-tribal council members and their families, and casino vendors. He provided relevant supporting documentation at the time.

“Attorney Sandven’s confusing and self-serving request for an investigation is based upon allegations that are at least two years old, which have been thoroughly addressed by the Tribe, the (SWO) Gaming Commission, gaming management and legal counsel,” Shepherd wrote in the letter’s conclusion. “Attorney Sandven does his best spin job on these old matters but fails to inform you how any of these allegations are related to regulatory matters within the NIGC’s jurisdiction. Because each issue has been addressed or is without merit, there is simply no support for his request.”

Roberts told Native Sun News on May 3 Shepherd’s letter to Sandven was an attempt to discredit him and deter an investigation by the NIGC into White’s wrongdoing. “(Shepherd) didn’t even write the letter because he is incapable of using such language,” he added.

Shepherd “pretty much blamed (Roberts) for everything that was going wrong” at Dakota Magic, Seaboy-Block said in an interview on May 4.

According to Seaboy-Block’s complaint, an ongoing investigation into past Dakota Magic operations under White is being conducted by Dakota Nation Gaming Enterprise.

Seaboy-Block further contends Shepherd has been interfering with and delaying the current investigation. “He’s trying to sabotage Danny White being looked into because he thinks it’s all Michael Roberts’ fault,” she told Native Sun News.

In laying out the second cause of action in her request, she wrote, “Chairman Shepherd has been made aware of the … investigation at the Dakota Magic Casino & Hotel on many levels and has requested updates … . (He) continues to ignore all factual evidence of wrongdoing by the former General Manager (Danny White) and other problems that arise from the findings and facts presented to him. He has not notified the Department of (the) Interior on these serious matters or allegations, findings and facts.”

The third charge levied against Shepherd by Seaboy-Block in her suspension request stems from a drunken driving conviction in Minnesota in 2007, for which Shepherd received six years of supervised probation, according to court documents.

Shepherd failed to disclose to anyone he was on probation for a DUI prior to running for the tribal chairman seat, Seaboy-Block said, in obvious violation of the Code of Ethics section of the SWO Constitution. “But since filing my request last month, Shepherd has been discharged from probation,” she noted.

Seaboy-Block calls Shepherd’s nondisclosure a “lie.”

“(Shepherd has) been going around telling people, ‘It’s not a felony, so it’s not that bad’ and ‘I’m off probation’ – that’s just showing his guilt,” she said. “There’s a lot of lying and manipulating going on (on Shepherd’s part), it’s been going on for years in our tribe.”

Additionally, she is accusing the SWO chair of allowing “certain tribal members to bully and attack other tribal members.”

In concluding her request, Seaboy-Block gave Shepherd five days to respond to her charges and spelled out five stipulations to be imposed on him by tribal council for the five-day interim, including the return of SWO property, no contact with any tribal employees, banishment from Dakota Nation Gaming Enterprise properties, self-retainment of a non-tribal attorney and exclusion from utilizing tribal attorneys.

In response to Seaboy-Block’s allegations against him, Shepherd said, “I don’t even know where to start.”

He says there is no truth to any of Seaboy-Block’s claims.

“Everything I do is on behalf of the tribe, and I work with the council well. The investigation of Danny White that took place is currently still going on as far as the tribe goes, but we’re still looking into tribal laws as to what has been violated there … . NIGC has submitted a letter to me stating they are not interested (in investigating White), deeming the case closed on their behalf. But as far as the (Internal Revenue Service) or FBI or anybody else, they never responded officially or took an interest, I guess.”

Referring to Sandven’s request to the National Indian Gaming Commission for an investigation into White, Shepherd said it doesn’t make sense to him because he asked the lawyer who he represented but was told the information is “privileged.”

“(Sandven) was hired by an individual, not the tribe, that’s why there’s confusion with the investigation. The information is getting twisted to make it look like there’s corruption on my part, but there’s actually not if you have the facts.”

Shepherd also said there’s a process to start a removal hearing on SWO’s elected leaders that has to come from tribal council.

“The process for tribal members is a petition, so I think (Seaboy-Block) thought she could go through the process of just serving (the suspension request) upon me at a council meeting,” said Shepherd, “but that has to come from an elected official, not from a tribal citizen.”

Somewhat contradictorily, Shepherd then explained there are two ways to go about removing a Sisseton Wahpeton tribal leader from office: the request either has to come from a fellow council member or at least 30 percent of the tribe’s population has to sign a removal petition against an elected official in order for the removal request to be valid.

And in Shepherd’s estimation, Seaboy-Block’s request is not valid. “She didn’t understand (the process), I think,” he said, “and she thought she could just come forward and request a removal on me herself – but it has to come from a council member in (executive) session, there needs to be a formal motion.”

Shepherd referred to Seaboy-Block’s formal request as “a pretty thick packet.” But the tribal council heard her out, he said. “I let her say what she wanted to say.”

However, the other tribal council members “basically said they needed time to review (Seaboy-Block’s request) because that was the first time they’d seen it,” Shepherd said. “And they have to look into it to verify if there’s any truth to the allegations before they could take action.”

Shepherd said he will not be present when the remainder of SWO’s council reviews Seaboy-Block’s request in executive session and that tribal attorneys will be verifying if there’s any truth to the allegations brought forth.

“So council can then go forward by taking action or not taking action.”

As far as being removed from office, Shepherd is confident that will not happen.

“Once tribal council has all the facts, they will find there is no validity to (Seaboy-Block’s) allegations. They’ll find I have been acting on behalf of the tribe, by the council’s direction. I don’t act on my own, I don’t go outside my authority – I know my place as tribal chairman.”

Tribal council has not set a date to present the findings of Seaboy-Block’s pre-impeachment request to her, said Shepherd.

However, Seaboy-Block said the council set aside time on the morning of May 7 to meet with her regarding her request.

Follow-up calls to Seaboy-Block, Shepherd and SWO Vice Chairman Garryl Rousseau Sr. on May 8 had not been returned at press time.

(Contact Jesse Abernathy at editor@nsweekly.com)

OPEN LETTER TO THE OYATE – Grady Renville

In the 1960s, Congress held a series of hearings on the subject of the authority of tribal governments. These hearings told about the abuses that many tribal members had endured from the “sometimes corrupt, incompetent, or tyrannical tribal officials.” In response the Indian Civil Rights Act was enacted in 1968.

I am being facetious, but it is hard to believe that there were corrupt, incompetent and tyrannical tribal leaders back in the 1960’s. I thought this was a recent phenomena!

Several weeks ago I sent a letter to the SWO tribal council questioning why they cast sixteen votes when they threw me out of the tribe. The tribal constitution only allows the tribal council fifteen weighted votes.

As expected I got no answer from them.

So, I will answer my own question. At Article III, Organization, Section 1, it states: “The Vice-Chairman and the Tribal Secretary shall each have one vote in Council meetings.”

I knew the answer, but I wondered if the tribal council did. My intent was to get them to look at the rest of Article III.

Article III, Sections 1, 3, and 5 establish three branches of SWO tribal government – The Executive Branch (Chairman, Vice-Chair, and Secretary), the Legislative Branch (Tribal Council), and the Judicial Branch (tribal court and police).

The founders of the tribe desired a “Separation of Power” “Balance of Power” type of tribal government. The idea was to have three branches of tribal government distinct and separate, and have checks and balances on each other. In this way, no one branch can gain absolute power or abuse the power they are given.

I probably know better then most tribal members why the founders of this tribe wanted “separation of powers“ and “checks and balance” as their form of tribal government.

Let me give a short history of the tribe.

Since the reservation was opened up to homesteading in 1892 there have been several federal laws that have impacted the lives of the Sisseton Wahpeton Oyate.

In 1934 the Indian Reorganization Act attempted to secure certain rights to Native Americans. The intent was to reverse some of the worst government policies and provide ways for American Indians to re-establish sovereignty and self-government. Indian tribes were given the opportunity to vote on the acceptance or rejection of this legislation.

At the time the Sisseton Wahpeton Sioux Tribe was without a tribal constitution and a tribal government. The Bureau of Indians Affairs superintendent pretty much ran the daily affairs of Indians living on the Lake Traverse Reservation.

The Sisseton and Wahpeton’s voted to reject the Indian Reorganization Act!

However, in 1946 the Sisseton and Wahpeton’s adopted a tribal constitution. While the tribe was without a real government one of the members who keep the Sisseton and Wahpeton land claims alive was Jim Renville, grandson of Chief Gabriel Renville.

During the late 1940’s and into the 1950’s I do not recall much of a tribal government. No tribal office or employees, nothing but a few filing cabinets at the BIA Roads garage. I remember going to meetings with my dad and recall them discussing what would later become the Mississippi Sioux land settlement.

Congress established the Indian Claims Commission in 1946 to hear claims of Indian tribes against the United States and offered monetary compensation for territory lost as a result of broken treaties. I believe this was the motivating reason for the Sisseton and Wahpeton members to establish a tribal constitution and tribal government in 1946.

After years of legal wrangling Congress in 1972 awarded $5.8 million dollars to the descendants of the Sisseton Wahpeton Mississippi Sioux. The Devils Lake Sioux Tribe, now the Spirit Lake Sioux Tribe, received 21 percent of the total judgement. The Sisseton-Wahpeton Sioux Tribe received 43 percent. The Assiniboine and Sioux Tribes of Fort Peck received 10 percent. And the lineal descendants of the Sisseton and Wahpeton Sioux were to receive 25 percent of the total award.

In 1972, I was a member of the Omaha Tribe of Nebraska. I was considered a lineal descendant so in the early 2000’s I received a small share of this judgement.

The 1968 Civil Rights Act attempts to give tribal members certain constitutional rights. For example, no Indian tribe in exercising powers of self-government shall make or enforce any law prohibiting the free exercise of religion, the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; require excessive bail, impose excessive fines, inflict cruel and unusual punishments; deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law; pass any Bill of Attainder or ex post facto law. The SWO Constitution Bill of Rights contains some of these same rights.

Like most federal legislation enacted for the benefit of Indians the well-intended legislation can be derailed by sometimes corrupt, incompetent, or tyrannical tribal officials. This is what happen to me when the tribal council disenrolled me.

I can live without the monthly $150 elderly coupon that I lost with my membership. If “double dipping” is the reason for the dual enrollment prohibition in today’s tribal constitution, the tribal council could have taken away any financial benefits that my membership entitles me to, instead they took my membership without full due process of law.

At the “Lynch Mob” hearing I attempted to explain to the tribal council due process of law, Bill of Attainder, ex post facto law, etc, etc. Typical of sometimes corrupt, incompetent, or tyrannical tribal officials I got the “deer in head lights stares” from them.

Why do I bother to put this in the Sota? Simple. The “sometimes corrupt, incompetent, or tyrannical” tribal officials that Congress were concerned about in the 1960’s are still out there; and if they can do it to me they can do it to you. I will keep you posted.

Native Sun News: Sisseton Wahpeton dispute turns violent
THURSDAY, MAY 3, 2012

Allow me to re-tell a true story that occurred several years ago. One fall weekend, my family and I stopped at the Nicolette Tower, west of Sisseton. When we left the interpretive center I wrote in the guest book “Waste” and signed my name.

Harold Torness, who was instrumental in the erection of the tower, called me on Monday and asked why I called Nicolette Tower a waste. I explained that waste meant good.

On the morning of April 24, 1968, 44 years ago my brother Arden, a medic, with the 1st Infantry Division lost his life in Vietnam. It never occurred to me until now that Arden Renville wasn’t an enrolled member of the Sisseton Wahpeton Tribe. The granite memorial in front of tribal headquarters bears his name, along with other Sisseton and Wahpeton’s who lost their lives in service to this great country. When my siblings, Bruce, Robin, Arden, and Martha were children our mother, a 1/2 Omaha, 1/2 Seneca-Cayuga Indian, enrolled us in the Omaha Tribe of Nebraska.

As most of you know I was kicked out of the Sisseton and Wahpeton Dakota/Sioux/Oyate Tribe on December 29, 2010. David Selvage Red Thunder Renville, or whatever his name is, Joyce Country, Norma Perko, Kevin Roberts, Floyd Kirk, Winfield Rondell, Delbert Hopkins, and Terri Larson voted on my disenrollment. Garryl Rousseau, Vice Chairman, chaired the “Lynch Mob” hearing in place of absent Chairman Mike Selvage who was sick. Garryl did not vote.

Their vote gave me the distinction of being the only Sisseton or Wahpeton to be thrown out of the tribe in its 150 year history. I committed the most egregious of all tribal crimes, I claimed all my relatives. The above named councilmen threw me out of the tribe because it was their “duty to uphold the Constitution and Bylaws of the Sisseton-Wahpeton Oyate.”

Meanwhile, back in Oyateland tribal members are raping, robbing, murder, molesting, abusing elders, and selling drugs, but they cannot be disenrolled from the tribe.

On January 10, 2011, I received Tribal Council Resolution No. SWO 10-124, entitled, “Disenrollment of One Person.” This resolution was signed by the newly elected Chairman and Tribal Secretary, Robert Shepherd and Winfield Rondell.

The resolution’s CERTIFICATION states: “We, the undersigned duly elected Chairman and Secretary of the SWO Tribal Council, do hereby certify that the above resolution was duly adopted by the SWO Tribal Council, which is comprised of 10 members (representing a total of 15 Tribal Council weighted votes and two Executive Committee votes for a total of 17 votes) of whom 9 constituting a quorum, were present at a Tribal Council meeting, duly noticed, called, convened and held at the TiWakan Tio Tipi, Agency Village, South Dakota, December 29, 2010, by a vote of 16 for, 0 opposed, 0 abstained, 0 absent from vote, 1 not voting, and that said Resolution has not been rescinded or amended in any way.”

Now, all my relations, let me tell you what the SWO constitution requires. At Article VII, Powers, Section 2, it states:

“The Tribal Council shall reapportion the fifteen weighted votes within the first 60 days after they are seated.” The Tribal Constitution allows the Tribal Council only 15 weighted votes.

At the “Lynch Mob” hearing the Tribal Council cast 16 votes to disenroll me! One more then the constitution allows.

I recently wrote a letter to those still on the Tribal Council – Winfield Rondell, Joyce Country, Kevin Roberts, Garryl Rousseau, and, Robert Shepherd, who signed the resolution. I pointed out their error and requested they rescind their resolution because it violates the tribal constitution.

I have become quite cynical toward tribal government and it would not surprise me if Rondell, Country, Roberts, Rousseau and Shepherd direct the tribal attorneys to come up with some lame “harmless error” argument. From my point of view, they violated the constitution they purport it was their duty to uphold.

I will keep you posted. Grady Renville, gradymazaska@yahoo.com/.

P.S. At the “Lynch Mob” hearing one of the tribal attorneys said to my brother Robin Renville, who is also enrolled in the SWO Tribe and Seneca-Cayuga Tribe, “You’re next!” That was sixteen months ago and he is still enrolled in both tribes. Sure smells like discrimination to me.

click on the Listen Now blue button…

SWO Constitution Removal Section

The format and process used was the exact same process and language that was utilized with JC Crawford’s Suspension and Removal.

Removal of Chairman Document submitted to Council 2012 April

Had the SWO Voters known about his background, would they have voted for him?

The Sisseton-Wahpeton Oyate has never had a seated Chairman on Probation an entire elected term for multiple DWI’s.

Background of Robert Octavio Shepherd

Criminal History in State of North Dakota

1.         A complaint was filed against Mr. Shepherd on April 25, 2007 in Grand Forks County, North Dakota for the charge of Criminal Mischief, a class A misdemeanor. (See attached exhibit #1; criminal information) This complaint alleged that on April 22, 2007 at 2:04 a.m. outside of Borrowed Bucks Bar, Mr. Shepherd intentionally punched out the middle window on the passenger side of a 2000 Chevy van belonging to Vickie Handsley. (See attached #2; amended criminal information)

The police report indicates that Melinda Alice Stade was pushed by Miranda Richards inside the bar and that Richards told another female, unidentified, to fight Stade. Stade and Handsley left and got into Handsley’s van. The unidentified female is alleged to have entered the van and punched Stade in the forehead causing injury. Mr. Shepherd is alleged to have tried to enter the van but was unable as the doors had been locked. Shepherd is then alleged to have punched out a window of the van. (See attached #3; police report) and (See attached #4; affidavit of probable cause)

Shepherd was arrested for criminal mischief. This case was dismissed by the prosecutor based on an uncooperative witness who lived out of State. The dismissal was filed on August 10, 2007. (See attached #5; dismissal)

2.         Mr. Shepherd was convicted of a DUI in Wahpeton, North Dakota on June 24, 2004. (See attached #6; email from probation officer Peterson)

3.         Mr. Shepherd was convicted of speeding (83 mph in a 75 mph zone) on December 20, 2006 in Trail County, North Dakota. He received a $40 fine. (See attached #7; case disposition)

Criminal History in State of Minnesota

Mr. Shepherd pled guilty to a DWI in Polk County, Minnesota on October 29, 2007. (See attached #8; case disposition) Since this was Mr. Shepherd’s second DUI conviction, he was sentenced to 6 years of supervised probation. The other terms of his sentence are as follows:

1. Sentenced to 1 year with 10 months and 16 days suspended:
2. Placed on home detention/ electronic monitoring for the portion of time not suspended;
3. Fined $800.00 with $212.00 in court fees and $28.00 assessment for a total of $1,040.00;
4. Obtain a chemical dependency evaluation and follow all rec’s;
5. No alcohol or controlled substance use for the six years of probation;
6. No alcohol related traffic offense for the 6 years of probation;
7. Not allowed to enter bars or liquor store during the 6 years of probation;
8. Submit to random drug and alcohol testing;
9. Submit to random searches
10. Submit to random drug and alcohol testing;
11. Submit to random searches
12. Participate in a victim impact panel;
13. Remain law-abiding;
14. No operation of motor vehicle without insurance.

Mr. Shepherd was originally placed on supervised probation in Minnesota with Polk County Probation Officer Jessica Peterson. Mr. Shepherd’s probation was transferred to South Dakota and has been supervised by 5th Circuit Probation Officer Kraig Archer. Mr. Archer indicated that he has recommended early release for Mr. Shepherd but Minnesota has the final say on that request. No further information from Minnesota regarding the same. (See attached # 9; multiple emails with both probation officers)

Criminal History in State of South Dakota

1.         Mr. Shepherd pled guilty to speeding (75 mph in a 65 mph zone) on July 24, 2006 in Marshall County, South Dakota. He was fined $35.00 and assessed costs of $44.00. (See attached #10; SD records list)

2.         Mr. Shepherd pled guilty to open container in a vehicle on March 3. 2006 in Roberts County, South Dakota. He was fined $50.00 and assessed costs of $44.00. (See attached #10; SD records list)

3.         Mr. Shepherd pled guilty to open container in a vehicle on October 23, 1997 in Roberts County, South Dakota. He was fined $48.50 and assessed costs of $26.50. (See attached #10; SD records list)

4.         Mr. Shepherd pled guilty to possession of alcohol by a minor on April 23, 1996 in Roberts County, South Dakota. He was fined $123.50 and assessed costs of $26.50. He received 30 days in jail with 30 days suspended. (See attached #10; SD records list)

5.         Mr. Shepherd pled guilty to driving with a suspended license on December 19, 1995 in Roberts County, South Dakota. He was lined $173.50 and assessed costs of $26.50. (See attached #10; SD records list)

6.         Mr. Shepherd pled guilty to possession of alcohol by a minor on August 29, 1995 in Roberts County, South Dakota. He was fined $73.50 and assessed costs of $26.50. He was sentenced to 15 days in jail with 15 days suspended. (See attached #10; SD records list)

7.         Mr. Shepherd pled guilty to speeding (35 mph in a 20 mph zone) on November 1, 1994 in Roberts County, South Dakota. He was fined $43.50 and assessed costs of $26.50. (See attached #10; SD records list)

8.         Mr. Shepherd pled guilty to possession of alcohol by a minor on November 3, 1993 in Marshall County, South Dakota. He was fined $150.00 and assessed costs of $26.50. He was sentenced to 30 days in jail with 30 days suspended. (See attached #10; SD records list)

Child Support Issues in South Dakota

Mr. Shepherd fathered a child with Miranda Richards Shindlebower on March 11, 2006. Ms. Richards filed a complaint to establish custody and visitation dated May 30. 2008. This matter was filed in State Court in Roberts County, SD, Mr. Shepherd failed to answer the complaint.  Ms. Richards filed a motion for default on May 27, 2′010. A trial was held on August 19, 2010 in State Court, Roberts County. SD. (See attached #11; findings of fact and conclusions of law)

The court awarded legal and physical custody of the child to Ms. Richards and granted visitation to Mr. Shepherd. The court ordered that Mr. Shepherd pay child support in the amount of $500.00 per month. The court also concluded that Mr. Shepherd was behind on his child support in the amount of $5,184.00 and entered a judgment regarding the same. (See attached #11; findings of fact and conclusions of law)

The Court also noted that Mr. Shepherd has other child support obligations for other children. Mr. Shepherd is obligated to pay child support to the State of North Dakota in the amount of $373.00 per month. Mr. Shepherd is obligated to pay child support to the State of California in the amount of $548.00 per month. Mr. Shepherd is obligated to pay child support to the Sisseton Wahpeton Oyate Tribal Court in the amount of $420.00 per month. (See attached #11; findings of fact and conclusions of law)

Mr. Shepherd and Ms. Richards reached an agreement between them and had the court modify the previous order regarding past due child support and the amount of monthly child support Mr. Shepherd shall pay. (See attached #12; memorandum of agreement) Ms. Richards gave up her judgment of $5,184.00 in past due child support in exchange for a single payment of $2,000.00. Ms. Richards agreed to reduce Mr. Shepherd’s monthly child support payment from $500.00 per month to $350.00 per month. (See attached #12; memorandum of agreement)

The court followed the agreement between the parties and ordered the same. (See attached #13; Order filed June 16, 2011)

Child Support Issues in California

California would not release any information regarding Mr. Shepherd’s child support case there. (See attached #14; letter from CA Dept. of Child Support Services) What we do know is that as of May 1, 2011, Mr. Shepherd owed $72,260.09 in back child support. (See attached #15; Robert Shepherd monthly billing statement from CA Dept. of Child Support Services) Mr. Shepherd is required to pay the CA Dept. of Child Support Services $548.00 per monthly for his monthly child support obligation and $50.00 per month as payment toward his $72,260.09 back child support.

Shepherd Background Documents

Here is the Indictment for Lloyd LaBelle Jr., Jacqueline Wanna, Charlene Wanna and Tammie Strutz.

Veblen Indictments

SWO Tribal Council did Suspend Councilman LaBelle this afternoon without pay for the period of time listed in the SWO Constitution Section for Removal – the hearing is set for April 20, 2012..at which time they must “Remove” him, unless he can prove his innocence.  No report on the others that are listed in the Indictment.  Let the frenzy begin to fill the soon to be vacant Veblen Council seat.

There are additional Indictments being talked about in the Community in other Districts, we will be posting the public documents as they are posted on the Internet.

FOLKS: This is serious.

Tribal history is cited by the Chairman (in the Sota) as rationale for creating a chaotic mess with his organizational flow chart. First of all, Robert cites family relationships as a reason that our jobs and services are unfairly and unevenly distributed. Hey, wait a minute, didn’t he just create a job for his first cousin as a youth rec coordinator under the planning Department? How fair was this, unless he will now claim that he isn’t related to Eric Shepherd? Is this job being advertised now that $100,000 has been allocated to this program? Didn’t Robert just hire a relative/inlaw from his Grandmother’s tribe over a qualified tribal member for the Executive Director’s position?

Does he really believe that a Three Affiliated tribal member knows enough about our people that he can “fix” some perceived problems? Sure, people complain whenever a new administration comes in to office and some individuals are canned because they didn’t do any work to deserve a paycheck. But, can anyone honestly lay the blame on the organizational flow chart? I was the Director of Tribal operations under Jerry Flute and at no time did I see the Chairman wanting power over the other two executives. They worked together as a team along with the five department directors. I also worked as the Planning director when Andy Grey was Chairman. At no time did I see him try to over on the programs under the Treasurer/ Vice-Chairman or the Secretary. And at no time did I ever hear anyone claim that the organizational charts were at the root of any perceived problems. The Chairman also claims that the old flow chart is causing division between the Executives. What seems to be the problem is the Chairman wanting all of the power irregardless of the Constitutional provisions and irregardless of what the other two executives think. And what happened to the Tribal Council that they would buy into all of this bull? You know the Chairman could not carry out his plan unless he had some council members supporting this crazy plan. Who are they and what is their motivation?

Robert talks about accountability, but who is going to make him and Buddy accountable. He has effectively phased out the Vice-Chairman and the Secretary. Hey Robert, these two guys were elected by the people to carry out their duties under the

Constitution but I don’t remember voting for Buddy. Do you even understand the legal terminology that lawyers use? Does Debbie Flute? Paulson and Debbie claim there is no conflict with the org chart but Paulson couldn’t say that if he knew that the accompanying documents gives full supervisory authority of Buddy to the Chairman and he only reports to the Executive Committee.

SWO Executive Director Position Description w Motion_March 2012

Paulson Legal Opinion on SWO Flow Chart

After pointing fingers at the other two executives, how does he expect the three of them to work as a team? He is accusing them of lies and innuendoes but what about his lies concerning the two execs being taken to court? Since Robert wants to be accountable to the people, he’d better explain this statement. When was either of these two executives taken to Court? No one seems to recall any court cases involving them and their management decisions. He is the executive who has been to Court for a 2nd DUI for which he is still on probation. Did he tell the people about this? Maybe Robert also needs to explain why he kept the matter of him being on probation from the people. This is the first time in the history of our Tribe that we have a tribal chairman who is on probation. How can he claim to bring accountability to the Tribe when he is not accountable for his own actions? Didn’t anyone ever tell you not to throw stones unless you have made no mistakes in your life?

Does the Chairman think the Oyate are so dumb that they would want to put all of the power under a Chairman and Executive Director who 1) can’t put together an accurate flow chart, 2) can’t interpret a job description correctly- don’t know the difference between “reports to” and under the “supervision of”; both Buddy and Robert say that he is under the Executive committee authority. That isn’t what the job description says. And what about the theft of the personnel policy? Robert doesn’t say anything about that, now does he? Who stole Dakota Sioux Casino’s personnel policy several years ago and sold it to Buddy’s Tribe for $10,000? Hey, Robert, you want to play dirty and attack the other two executives by telling lies? Neither Executive has ever been taken to Court for any reason. You could be taken to Court yourself for libel. You can’t put lies in a written public forum. Did you consult with your attorneys before writing this libelous article published on the front page of our tribal newspaper?

Let’s look at the reality of this flow chart and the so called legal opinions that declare it to be ok. We know from experience that the tribe’s legal staff will always take whatever position the Chairman and/or council wants them to take. It really doesn’t matter how wrong it is or whether it is legally correct. Would any other attorney worth their salt come to the same conclusion? It doesn’t take a rocket scientist to figure out if you take all of the financial programs (the Constitution’s By-Laws gives the Vice-Chairman the authority and responsibility for the financial affairs of the Tribe and the enrollment and recording offices which are under the tribal secretary)and give the Executive Director authority over them that the Constitution is being violated.. All of this gobbley gook the Chairman is trying to snow you with is just plain “hogwash”.

Talk about teamwork now when during the first days after the Chairman took office, he moved two long time employees out of their office because he wanted it for his staff. These are employees under the Vice-Chairman. How fair was this little incident to the Vice-Chairman or these two staff members? Is this what he calls teamwork? Is this what he calls fairness? Does he think our tribal members have short memories? Now, he blames the other two Executives for his unprecedented quest for power. He seems to want to shove his org chart down the throats of the people irregardless of what we say or feel. How does he expect to get fairness out of an action that from the onset is itself unfair? Any idiot can see that all of the power under this flow chart is under the Chairman and his cohort who is not even from this Tribe. Now tell us Robert, how you and Buddy know how to fix all of the problems you say have been created by the old organizational chart? Where did a guy from another Tribe, who never lived here and has no vested interest here get all of this knowledge and wisdom? Where did you get all of this wisdom? So, apparently, you two know everything and the other executives don’t know anything? After making all of these accusations and lies against them, you actually think you can work with them as a team?

The Chairman has apparently not reread his article to see if it makes any sense. It doesn’t! He doesn’t seem to know that the Constitution supersedes his flow chart and if it is in conflict with it, it is a violation of this document. It is time for the people to take their blinders off and see Robert’s plan for what it is. It makes me wonder what the motivation is for all of this hasty activity. Don’t be fooled by an “educated” smooth talker. He calls his flow chart “educated change”. I call it “educated bull hockey”!

The Chairman sends out an Executive Memo to the Tribal Employees.

SWO Exec Memo Org Chart PersPolicies 03 19 12

SWO Org Chart March 2012

In the executive memo it explains that the new organizational chart and updated HR Policies are to be followed.  What the Chairman did not explain was how he and the ESD Councilman strong-armed everyone else on Council to go against the Constitution…no matter how much the young staff Attorneys and outside legal counsel claim that they did not…they have violated the Constitution…best thing to do…stop lying so much and maybe you might start to see reality again.

The controversy continues as the new Personnel Policies arrive.  Please read the yellow highlighted areas on page ten.  Whomever put this together better have a written approval from the Ho-Chunk Nation to utilize their intellectual property…or whomever pro-created this document plagiarized and outright STOLE from another Tribe and passed it off as their own original work.  In the real world, this is illegal...people get terminated and sued for doing this.  Did the new Executive Director or Chairman bring this plagiarized document into existence?  Seriously…

SWO New Personnel Policies March 2012

With all of those big educations and degrees, not one person took the time to proof-read before stealing someone else’s property? Lazy, shameful and irresponsible.

Is this the type of work product the community is to expect for those large salaries and from the top executives that want to control everything???

The new Executive Director position remains in controversy…How does spending another $100,000 plus on another political position save the people money or benefit the community?  I don’t see it…do you?

Here is the Job Description and the Resume of the Executive Director. Read for yourself…does he meet the qualifications listed in the job description?

SWO Executive Director Position Description w Motion_March 2012

L Buddy Gwin Resume

Further, read this article on what happened at the Pequot Nation, where the SWO Executive Director was the Senior Staff Director, Media Relations, and Special Assistant for Legal Affairs.  Didn’t work out well for the Pequots…

http://www.msnbc.msn.com/id/46883766/ns/us_news-life/

Last week the Buffalo Lake District made aggressive and wonderfully brave Motions in regard to the current structure and leadership positioning. This one-pager surfaced at the District meeting, making true and valid points.

Organizational Flow Chart needs to be Rescinded

Buffalo Lake District Passed Motions to:

1) rescind the Robert Shepherd flow chart,

2) abolish the Executive Director position, and

3) start removal proceedings on Robert for violating the Constitution.

It appears that the SWO has some serious political manipulation going on so that certain folks can get what they want out of the Tribe in the upcoming election.  All that I can see is grown-ups preying on the needs of the people with their own money…in essence you are political predators.  http://www.thefreedictionary.com/predator

Very sad and disappointing…at the end of the day, I do not see what was promised in all of those campaign ads and speeches…all I see is people being paid or bought or bullied…putting the fear into people by threatening them or their family for having an opinion on the welfare of their community…Political Predators.

The traveling-man Chairman has been busy with what appears to be some serious personal-gain and devious plans for the future of the people’s government – all without an explanation.

And, now the Chairman is restructuring the Tribe piece by piece and month by month.  The end-game is creating nothing more than chaos and directly violates a number of Tribal Codes of Law and the SWO Constitution. Deconstruction by design, looks a lot like a continuation of the previous Selvage administrations.

The young Chairman has accomplished what his predecessor was unable to do, and got the Council to appoint him by Motion as the all-supreme leader of the Tribe.  The tribal employee’s future livelihoods are heading to an unknown destination in the newly established hands of Executive Director, Buddy Gwinn and Dictator (no longer Chairman) Shepherd at the steering wheel.

All you have to do to be a success and keep your job in the new Tribal System, get a raise, paid leave, advanced leave…whatever…is please the Dictator and his number one.  Whatever happened to Checks and Balances in Government?

Three Organizational Changes in Three Months

SWO Org Chart_January 2012 w Motion

SWO Org Chart February 2012 by Motion 47 on Feb 17

SWO Org Chart March 2012 w Motion “Dictatorship Model”

With all of those advanced educational degrees between them, you would think they could have at least put together a complete organizational chart…or at least one that had the lines of dictatorship done correctly. They even forgot a number of programs and listed Head Start TWICE.

What else have they forgotten and why the rush? Where are they going so fast and WHY?

Tribal Executive Director hired for weeks without an approved Job Description.

SWO Executive Director Position Description w Motion_March 2012

The explanation given was that the Executive Director, Buddy Gwinn, was hired by telephone and without an approved Job Description.  $80,000 salary plus benefits is over $100,000 a year.

Robert Octavio Diaz-Shepherd’s mother is Geraldine Shepherd, her sister Ferrel Shepherd was married to Tex Hall of three-affiliated. Tex Hall and Buddy Gwinn are brothers.

The SWO Chairman hired his Hidatsa/Crow uncle instead of hiring a qualified Tribal Member that applied…who’s consolation job was the Executive Director of the SWO Gaming Commission.

Other than being a close relative of the Chairman and non-SWO, what do we – or anyone – know about Mr. Gwinn?  Why is he being put in charge of our money and our Finances?  Is he also over DNGE?  If Mr. Gwinn’s position is running the Tribe, what is the Chairman/Dictator and other Executives supposed to do all day?  Was this really thought through?

There are a number of Tribal programs that require a full background check for supervisory authority: CPP, Headstart, Dakotah Pride, and Gaming Commission to name a few.  As the SWO Tribal Government Executive Director, Mr. Gwinn will have access to a lot of confidential information, however, without a complete and correct background check that access should be very limited.  The Vice-Chairman and Secretary Officers should not relinquish any authority until there is a complete background check completed. Is this the final version that Council is going to force on the people?  The SWO Tribal Members already have reason for suspicion as the Chairman withheld as much information to be able to run for office and was not investigated either.

As of last week, Mr. Gwinn confessed to Tribal District officials that his job description was yet not finalized or approved – at that time he did not know what his duties, responsibilities or authorities were, or what they would be.

There are a lot of questions in response to the recent activity of Robert and the blind following of a majority of Tribal Council. There are a number of theories out there in how the connection, the plan, the arm-chair quarterbacking that is going on behind the scenes is relative.

So, the Oyate elected a Chairman that failed to disclose to them that he was on Probation until 2013 for multiple DWI’s within a five year period…and he continues to lie about even his degree on Facebook, he does not have an “Executive” MBA…Now, the Chairman has hired his uncle, and what does anyone know about THIS man?  In the native language of the new Dictator, “Nada!”