DECLARATION OF STATE OF EMERGENCY

March 8, 2000

 

I, Harold Dean Salway, in my capacity as President of the Oglala Lakota Nation, in order to safeguard the sovereignty of this Nation in the face of imminent and immediate danger brought about by serious financial and administrative mismanagement and malfeasance by certain officers and members of the Tribal Council, resulting in the freezing of all federal program funds, and for other just and good causes, do hereby declare a State of Emergency as follows:

WHEREAS:

1. Gross financial mismanagement by certain officers and council members has resulted in the freezing of all federal program funds to the Oglala Lakota Nation, caused by the depletion of the tribal treasury, and the unauthorized and unaccounted for financial transfers, use and loss of tribal funds, thereby creating a serious threat to the sovereignty, health and welfare of the Oglala Lakota Nation and
   
2. By just cause, pursuant to Article 1, Section 1 of the By Laws of our Constitution, I cannot uphold the unauthorized and unconstitutional actions by certain members of the Tribal Council in relation to the financial management of the tribal treasury, which has resulted in an inability of those council members to uphold and honor their oaths of office, to carry out their duties in a constitutional and culturally respectful manner, thereby posing a clear and present danger to the sovereignty, health and welfare of the Oglala Lakota people and
   
3. As a result of the above, Elders, and members of the Grassroots Oyate have taken custody of the Red Cloud building for the purpose of monitoring and preventing the removal or destruction of all proofs and records concerning the financial state of our Oglala Lakota Nation, and to safeguard the sovereignty, health and welfare of the Oglala Lakota Nation, and
   
4. The current constitution and bylaws of the Oglala Lakota Nation fail to provide complete and sufficient guidance for a clear resolution of the current situation, as reflected further in the inability of the judicial and administrative branches to properly uphold and protect sovereignty, health and welfare of the Oglala Lakota Nation.

THEREFORE:

1. In order to protect the sovereignty, health and welfare of the Oglala Lakota people from the clear and present danger of loss of financial support for food, fuel, education and other basic human needs,
   
2. By the authority of Oglala Lakota tradition and custom as provided by the Elders of the Oglala Lakota Nation, and by the inherent authority of my position as President and the chief executive officer of the government of the Oglala Lakota Nation to act to protect, uphold and secure the sovereignty, health and welfare of the Oglala Lakota Nation and to respect and further our Oglala Lakota customs and culture,
   

IT IS HEREBY DECREED,

1. That the State of Emergency exists in our Oglala Lakota Nation relative to our financial and governing systems,
   
2. That a Special Panel is hereby created to monitor the financial management of the Oglala Lakota Nation to assure the financial integrity of the tribal treasure, and the lawful and application of payment o f tribal funds. The Special Panel serves without compensation, to insure the trust and confidence of the Oglala Lakota Nation. The Special Panel shall consist of one representative each of the Council of Elders, Grassroots Oyate, the Crazy Horse Planning Commission, the Executive Committee, the Tribal Council, the judicial branch, and the Secretary of Interior. The Special Panel may call upon professional or expert assistance, to serve pro bono, for the proper pursuit of its duties. In order to insure the financial integrity and full accountability of our system, no financial transactions in the name of our Oglala Lakota Nation shall occur without the knowledge and monitoring of the Special Panel.
   
3. That the Council of Elders of our Nation, recognized in Treaty and in our traditional ways be invited and requested to convene at the Red Cloud building, in order to provide to the President, the Special Panel and any other members of the Oglala Lakota government, guidance in traditional Oglala Lakota ways, heritage and customs during this State of Emergency.
   
4. The this State of Emergency shall terminate upon the establishment of financial and governing systems that are responsive and respectful to our Oglala Lakota Nation, the traditional ways, heritage and customs of our people, and effective to provide for the sovereignty, health and welfare of our Oglala Lakota Nation, but in any event this State of Emergency shall terminate no later than the next Constitutional election.