LOWER BRULE SIOUX TRIBAL COUNCIL

SPECIAL MEETING

LOWER BRULE SIOUX TRIBAL COUNCIL

December 22, 1980

The Special Meeting of the Lower Brule Sioux Tribal Council was held

at the Tribal Council Room on the 22nd day of December, 1980 and was

called to order by the Chairman, Orville C. Langdeau, with roll call

as follows:

PRESENT:

Orville C. Langdeau, Chairman

Winona Long, Vice-Chairwoman

Debra Isburg, Secretary-Treasurer

Garfield Grassrope

Darrell Middletent

Mike Jandreau

ABSENT:

Kay Gourneau

The meeting opened with the Lord's prayer, led by the Chaplain Darrell

Middletent.

The Chairman addressed the Tribal Council very briefly to call upon the

Council Members to hopefully push aside some of their differences which

we all have and try to work constructively for the Tribe. As you are

all aware of cuts in our budgets we need to make the most of the utilization to benefit the Tribe. Also there are federal regulations in the

programs which we need to comply with to get funded. I would like to

present of the Tribal Council to the BIA staff where we can by working

for the benefit of the Tribe. I know that you Council Members are anxious to start talking about committees and we met with Dr. Wilson on

Friday and the Tribal Council has went on record in reference to the Tribal

Management Corp. He informed if we got into this there was suggestions

as to go about setting up these committees for the Tribe. I really don't

know how Mike Jandreau was handling as far as leave or recommendations

as for with your concur having to work with each program and working within

each program by the director because they have the responsibilities. I

believe the responsibilities on the director can be worked out without

coming to the Councilor Chairman. We're all in here striving most to

improve the conditions of our Tribe with knowledge of the forces against

us on the outside.

Amend the Election Ordinances

The Chairman opened the floor for discussion. Debra Isburg stated that

her thoughts were that the Tribal Council here can amend the ordinances

and post the amendments for the public. She thought the Tribal Council

could do this or appoint a committee to do this. This was discussed and

it was decided that Mr. T.O. Traversie is a lawyer and he has the experience and if that's what the Council wishes. Winona Long made a motion

to contact Mr. T.O. Traversie to amend the election rules and regulations.

The motion was seconded by Michael Jandreau and carried with five for,

none opposed, and one absent.

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Special Meeting

December 22, 1980

Enrollments Requests

The Chairman made a request to the Tribal Council to table this matter

until we can bring forth information of the requests. This was seconded

by Debra Isburg. and carried five for, none opposed, and one absent.

Garfield Grassrope asked how do they go about to enroll who is eligible

and the degree of Indian blood? Some people are hollering that people

are being enrolled. Michael Jandreau stated that according to the Constitution and Bylaws that 1/4 of Indian blood that they're eligible for

enrollment as long as their born of an enrolled parent. It was passed

that as long as the one parent is enrolled and specified on the enrollment book and records of the BIA be corrected and to my knowledge this

has not been done. A resolution was passed in 1977 or 1978 that in the

process to enroll and utilize all Indian blood as long as one parent is

an enrolled member. Harold LaRoche stated that shounds like an amendment of the Constitution and Bylaws and if so I would have bounced that

back on a resolution only. It was stated that this is upon the powers

of the Tribal Council and the people of this Tribe. Motion was made

by Garfield Grassrope to table all enrollments until the resolution can

be reviewed and follow procedures under the Constitution and Bylaws. The

motion was seconded by Winona Long and carried with five for, none opposed,

and one absent.

Education Grant Requests

Michael Jandreau wanted to make the others knowledgeable that was the remaining in the account. That was the Rehab Account that was $5,000.00

left over. It came to the Tribal Council and since we had numerous requewts from years it was to be expended out to students to utilize the

monies. It was an education program. We set a maximum of $600.00 to

cover as many as possible. There's $1300.00 left. A grant to Stuart Langdeau and he's still owed out $565.00 and remains $735.00 in that account.

Harold LaRoche stated that they have to be enrolled on or before the Act

of 1962. No one is eligible if enrolled after that time. The Chairman

stated there's one in 1959-1955 and 1960 is the date of birth from these

three requests. It was noted that there was three requests presented instead of two. Floyd Flute Jr. - $400.00, Elaine Thompson - $2200.00 and

Michelle LaRoche - $503.00. It was noted that the funds requested by

Floyd Flute would be for Sioux Empire College in Haywarden, Iowa. It was

also noted that Floyd Flute Jr. 's -application hasn't been completed.

Winona Long stated for the record that her son attended the Sioux Empire

College in Haywarden, Iowa and received a scholarship and the school is

suppose to be accredited. Someone is sent out to recruit students. Some

Indian students never attended the classes and as a result the President

of the School has a cottage and is a millionaire. I think an investigation

should be made to see where the federal funds are going in there. Harold

LaRoche stated that it's rather a severe charge but go ahead by Tribal

Council action and have us look into this, we certainly would. Motion was

made by Winona Long to request assistance from the BIA to investigate the

Sioux Empire College of Haywarden, Iowa. This motion was seconded by Debra

Isburg and carried with four for, one obstaining, none opposed, and one

absent. The Tribal Council reviewed the application of education grant

requests for college and in the past it was somewhat first come first serve

and the earliest dated was Michelle LaRoche dated November 6, 1980. Michael

Jandreau clarified this to the Council Members that it was the one presented

to the Tribal Council first. The Chairman stated that the parents of Floyd

Flute Jr. discussed this with him but don't know when the other (Elaine

Thompson) came in and Michelle LaRoche's has been here since November. The

money available is $735.00 which Michael Jandreau indicated. Motion was

made by Winona Long to grant funds as available and by application first

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December 22, 1980

Special Meeting

came in to Michelle LaRoche. This motion was seconded by Darrell Middletent and carried with four for, one against, and one absent. The other

two education grant requests will be tabled until funds are available.

The 11M balance is the old account from the first monies received and never

been programmed and some reason it was restricted and never expended. Came

from the original Ft. Randall taking. Some reason by the past Tribal Council years and years ago taken and its been in the savings. There's about

$7,000.00 balance. They had put a moratorium but there was some land purchase money and some other things put into that. Back in 1972 we tried to

clear out land account to utilize some fraction land purposes but we couldn't

and its been consistently carried out. There was about a $25,000.00 balance.

Harold LaRoche stated that he didn't know of a resolution for these funds

by the Bureau of Indian Affairs and didn't know why the Tribal Council just

can't request to use money. He stated that he'd look into this for the Tribe.

Letter from the CETA Director was reviewed on the standing of the Program.

Also from the Farm Corporation.

Indian Preference in Employment

The priorities for hiring persons are which the BIA uses for Indian blood

preference to jobs are 1. a member of the Lower Brule Sioux Tribe, a person

married to an enrolled Lower Brule member, then just to Indians coming from

other reservations. While, Chicano's that's qualified for work and these

people are not. Harold LaRoche stated that the BIA goes with Indian veterans,

enrolled Indians, then anyone qualified. It was stated that the Tribe is

eluding to before steps adopted in the 1960's that establish priority listing

for Lower Brule and first was Lower Brule enrolled members, second was a

person married to a Lower Brule member, third was veterans, then last was

anyone. The Chairman stated that in certain programs that the Tribe applies

for program funds there are certain regulations that apply as such but don't

know to what extent. The BIA itself has to stay in comply with the Equal

Opportunity Act. Harold LaRoche stated that first to see that the person

is qualified then the preferences as I stated before. Motion was made by

Garfield Grassrope to restate that policy that was set up in the 1960's.

This motion was seconded by Darrell Middletent and carried with four for,

one against, and one absent. Michael Jandreau made a request that this policy

be presented to the Tribal Council for discussion and review.

Resolution to turn over the Farm Expansion Projects to the Farm Corporation

Motion was made by Michael Jandreau to turnover the two projects of the Expansion Project to the Farm Corporation by EDA since the grant is completed.

This motion was seconded by Debra Isburg and carried with five for, none

opposed and one absent. This includes the graineries, garage and the bins.

Business Development

Michael Jandreau stated that during the previous administration there was an

act passed to bring in and work with individual business. If they're going

to maintain business of the Tribe and utilize the individuals in preparing

to develop whether it be small industries we did take an official stance to

do this. Second, the Lodge is continuing to be an expense to the Tribe and

received interest from individuals for use as business such as a night club

for dinners etc. and one individual for a camping site. The first intention

by the Tribe was for night club evening dinners, for campers and hunters, etc.

We had put DOR up there previously. Initial in 1976 and constructed during

1977-78 and been unoccupied in the last two years. Completed about mid-1979

but still had some water problems. Its costly to be sitting vacant. In each

instance that people approached wanted it on a lease basis. EDA funds used

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December 22, 1980

Special Meeting

to construct this. About $270,000.00, the lodge was $75,000.00, the cabin

building - $25,000.00, and remaining was labor and coupled buildings, the

buffalo fence, water and sewer system. A great deal of it was the labor.

I would like to know how the Tribal Council stands on industrial business

by private individuals of the Tribe. The Chairman stated that in the past

several have used the Planning Office. The Council's wishes for support

but not funds but technical assistance the Tribe can give to an individual

who wishes to go into business. Michael Jandreau stated that there may be

people who may not be able to get the assistance. The Chairman stated that

he's very much in favor of commercial development. We don't have enough on

the reservation and we need to keep the money circulating on the reservation.

Many of the dollars go off the reservation as such to the Chamberlain businesses. Michael Jandreau said one prime example is that when Pat Spears

was here as the Planner for 701 he developed outlets for people who were

eligible to FHA through Rehab, Housing and Water development and since Pat

Spears has been gone this hasn't been followed up on. We are currently

looking at the policies to utilize through the Housing because PHS doesn't

have money to finish these services and if there isn't enough money they

just won't get the services. A position there but the guy is busy learning

the ropes and he doesn't have the background and experience that Pat Spears

had. Motion was made by Michael Jandreau that the Tribal Council is in

favor of business development for the Lower Brule Sioux Tribe and provide of

technical assistance. This motion was seconded by Winona Long and carried

with four for, one not voting and one absent. It was decided to wair for

requests to corne in prior to no advertisement will be made. There is a certain amount of vandalism taking place up at the lodge. There has been holes

shot in the wall. Motion to advertise for lease if the Tribal Council has

no other need for it (the lodge) by Michael Jandreau. This motion was seconded

by Debra Isburg and carried with five for, none opposed, and one absent.

Bob Kendricks - Lease of Narrows, Tribe's intent for first year development, etc.

The Chairman stated that a call came from Bob Kendricks from the Corp and

sometime in the past requested lease for the narrows to develop recreational

and the buffalo pasture. Does the Tribal Council still proceed on the lease

and know intent of the first intent of development? Michael Jandreau stated

that initial contact after being discussed in the Spring of 80 and reviewing

the plans met in June with the Corp and indicated willing to lease us the

entire area for development on a twenty-five year lease. At that time development problems with the Game Fish and Parks about jurisdiction of land.

Looking ential on lease with Corp the Tribal Council made a request to return these lands since that's specified in the Act on the land that was available. The intent to diminish in October was that they needed an answer. The

attorneys and the Tribal Council Members didn't want to be tied into a suit

in court that the courts holding of the land. Wait until the new Council was

seated and whether to go with this on that. Motion was made by Michael Jandreau to reject the offer of lease until outcome of suit. This motion was

seconded by Garfield Grassrope and carried with five for, none opposed and

one absent.

Construction Costs

Discussion on setting the priorities for the roads. Take Cedar Creek road

as priority Kennebec to Reliance as lA and Kennebec North as lB. Should

make Little Bend road because of stuff getting to the market. Couple slide

area repair with Little Bend road as priority #2, this means add 78,000 to

the 865,~OO. This be necessary that we have this development. In 1978 we

didn " t have construction funds for this therefore it was let go for the time.

Major concern is the road from Kennebec to corner North will deterioriate un-

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Special l-!eeting

less something is done on it, both ways. The road from Kennebec to Reliance is in bad shape. Can't the gravel servicing on 6,7,14,16,17 be

done by the Roads Department? Seventeen is finished now. The Two Hawk

road is later to be completed under the maintenance program. The road

to the Halfway House will be done. Ft. Hale road will be graveling and

will be completed as long as the weather holds. The fairground loop road

is servicing and black top. Prioritize them and couple servicing on the

roads. Seventeen is the Lower Brule going over to Alfred Ziegler's place.

Ft. Hale road because the county maintains gravel lot it will cut down to

Clarence Thompson's place and go on to hit that gravel road, this will be

done last. Under consideration isn't this the Aberdeen Area Office intent

to have your recommendations under the costs. Little Bend - one mile of

grading done in February. Put Ft. Hale last and move everything up.

Seventeen is completed, fourteen is not completed, goes South of l1ichael

Jandreau's to county line road, there's seven miles through there. They've

graveled nearly a mile of that and finish on the tvlenty-second - twentythird. That is construction portion and finish gravel on those two days.

Finish sixteen in January, #3 grading portion of that finish first part of

February so only have servicing part to move up to #2. Six is finished,

should be finished, #7 is not on there (4.4) that's Madsen's and that's

just gravel unless they're talking about rebuilding it. According to this

knock out all gravel servicing, move down to the last that's 115 . Motion

was made by Winona Long to submit a request with our priority listing to

the Bureau of Indian Affairs for funds for these roads as soon as possible,

1A. Cedar Creek (Kennebec corner to Reliance), 24 .6 miles surfacing; lB.

Cedar Creek (Kennebec corner North), 21.3 miles asphalt overlay; 2A. Little

Bend Road, 1.0 mile grading and 10.1 miles surfacing; 2B. Counselor Creek

(North of South Dakota 47), Slide Area Repair, 7.1 miles Seal Coat; 3.

Lower Brule Streets, 3.1 miles surfacing (concrete with curb and gu tter),

and Fairground Loop Road, .8 miles surfacing; 4. Fort Hale Road (South of

South Dakota 47), 11.9 miles grading, 11.9 miles surfacing, and 1.1 miles

gravel surfacing, and 4.4 miles gravel surfacing, and 7 miles grading, and

Two Hawk Road, 3.7 miles grading, and Bus Loop Road, 6.9 miles grading .

This motion was seconded by Garfield Grassrope and carried with five for,

none opposed, and one absent . It was decided to send a copy of this request with a detailed cover letter to the Congressional Delegates for support

on this.

RECESS - The meeting recessed for the noon hour and reconvened at 2:20 pm,

with the same members present.

Homesite Request - Frederick B. and Cheryll Y. LaRoche

Submitted a request for a homesite by the old Wynia place . This land would

be on the J.W. Thompson lease. It was noted that this was approved by the

prior Tribal Council with acceptance of a letter from J.W. Thompson with

his approval of the homesite being placed on his lease. Motion was made by

Michael Jandreau to approve the homesite described as NE~NE~NW~SW~, Section

19, Township 107 N., Range 73 W., consisting of 2 .5 acres to Frederick and

Cheryll LaRoche. This motion was seconded by Debra Isburg and carried with

five for, none opposed, and one absent.

Alcoholism Program - Funding to staff Detox Center

The Alcoholism Program has been granted a BIA house to use for a detox center

but need to find funding to staff the Detox Center. The Director is asking

to raise the tax on the liquor store and raise the rent and this be given

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December 22, 1980

to hire the Detox staff. The rent for the building will be paid rent to

the Bureau of Indian Affairs. The Alcoholism Program can handle that themselves. Maybe fines for people who are bootlegging. Something to help the

Alcoholism Program out. Clark Zephier is the Veterans Service Officer for

the Tribe. There is a meeting in Sioux Falls for all Services Officers.

The only funds that Clark Zephier gets is $200.00 per month from the Tribe.

The meeting is for upgrading of discharges. The fee for the workshop is

$60.00 registration. The Alcoholism Director would like to invite the Tribal

Council to come up to the Treatment Center, sit in on classes and see what's

going on up there. Motion to was made by Michael Jandreau to approve fees

to be paid for attending the requested workshop. This motion was seconded

by Darrell Middletent and carried with five for, none opposed and one absent.

It was noted that James Estes, Mental Health Technician has not yet decided

if he will place his office at the Alcoholism Center when they move into the

BIA house. The three of four staff members for the Detox Center would receive the minimum wage. It will probably have four beds for each sex. Will

use the basement for the Detox Center and the upstairs for offices. The

building won't be available for about two more months. The Alcoholism Program will be putting an application through the State for some monies. On

taxation of non-Members has to be prior approved by the Secretary of Interior.

The liquor building does not belong to the Tribe. The lot belongs to the

Tribe. The owner pays his water and a twenty-five year lease on the lot.

The Tribal Council still has authority to pass an ordinance on taxation of

the business and the Secretary of Interior would review it. Clark Zephier

stated that the owner is making alot of money and people are dying because

of the alcoholism. Motion was made by Garfield Grassrope to impose a traders

tax on non-Indians. This motion was seconded by Winona Long and carried with

five for, none opposed, and one absent. Michael Jandreau stated to the Council

Members that caution to have research done and potential cost to the Tribe

to put the taxation on this. Have the Tribal Attorney check into this.

Rose McCauley

Rose McCauley wishes to request from the Tribal Council appointment of Chief

Judge. If Mrs. McCauley is appointed as Chief Judge then she would give up

her position as Probation Officer. According to the Tribal Code, the office

is for four years. Rose McCauley feels that she has the qualifications because she has worked sixteen years as a full time Judge and a temporary Judge.

She also requests that she be able to keep her training up as she was able to

in the past. Motion was made by Michael Jandreau to table this action of

Chief Judge because of not having been aware of this prior to the meeting and

find out who the people would be directly affected and having requested of

the Chairman and the appearance of Rose McCauley as not on the agenda and

not knowing request, until the next regular meeting until Members voice

their opinions and this position should have been put on the ballot. This

motion was seconded by Garfield Grassrope and carried with three for, two

opposed and one absent. The Chairman stated that he did not know what the

request was prior to this meeting. Rose McCauley stated that she did not go

to the Chairman because she didn't want people to say something. She informed the Tribal Council that there isn't a Chief Judge, Jim Iosty was appointed Associate Judge for two years. He also gave back to Helen Smith

that she administer all decisions made by the Chief Judge. He makes $799.00

per two weeks clear for four days work. Mrs. McCauley stated that as it

stands now he has to handle everything because there's no-one in the community. Right now Rose McCauley is the Probation Officer and have worked for

the Tribe sixteen and a half years. She's been working in two jobs and

receiving salary for only the Probation Officer.

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Special Meeting

Tony LaRoche - Written Request for Vehicle

Mr. LaRoche is requesting use of tribal pickup or from the Indian Action

Team Program. His program will lease the vehicle if its set up that way.

Tony LaRoche is the Pesticide Officer. He has indicated to the Chairman

that he's got $3,000.00 in 'his budget. Motion was made by Michael Jandreau to grant a vehicle to Tony LaRoche Jr. if one if available with the

following provisions: 1. lease arranged with the Chairman, 2. buy liability

insurance within the program's budget and 3. to obtain a government drivers

license. This motion was seconded by Darrell Middletent and carried with

five for, none opposed and one absent. The vehicle would come from the

Indian Action Team Program if one is available. Two vehicles are turned

over to the Tribe on surplus. It would be easier if the money came from the

budget to the Tribe instead of outside the Tribe. The white Tribal car is

at the Airport. Mr. LaRoche works primarily with the Pesticide Control for

the farming operations. He has indicated to the Chairman that there was

$3,000.00 in the budget. There is mileage for operating his own vehicle

in his budget.

Positions That are Actina to be Advertised

There are positions vacant that have people in the acting capacity. If

it's not posted, the Tribe will have to post it. While Marilyn Harmon

is Acting Health Director then Velma Langdeau is Acting Commodity Supervisor. It was stated to have all the positions in the Plan of Operations

advertised.

Additional Requests

Winona Long has a request for a loan from Della Dewitt Stuat at Summit,

South Dakota and her husband works for Dumener Derring and she requests

a $300.00 laon for general living expenses and at the point where they

don't have money to live on. The method of payment would be made through

his wages which is monthly. There was a request to have a ruling on priority of requests submitted. There was two requests submitted from Floyd

and Shirley Flute, one being dated the 12/12/80 and one being dated the

12/22/80. Another request was submitted from Mr. and Mrs. Flute pertaining

to two of their sons. The Tribal Council Members reviewed all of the written

requests. Shirley Flute is working under the CETA Program. At the meeting

with the Tribal Management Corp, Dr. Wilson suggested that a credit revolving

account or small bank loaning system signing a promissary note or taken out

of their salary and have a small handling charge and handled by others than

the Chairman. Debra Isburg stated that as a new Council Member she doesn't

know how we set financially. A small loan fund could be set up such as out

of the Goose Ranch money. The burial fund needs to be replenished. Harold

LaRoche stated that at the last Tribal Council meeting this was brought up

on a $2,000.00 and a $5,000.00 loan and the outcome was the Tribe was going

to go back and see what the outcome was on those past loans. Some of these

funds may have come in but not aware of the placement or identity of funds

received. On the goose hunding, the Finance Officer, Janet Fast Wolf had

indicated that she came up with $31,000.00. She was asked if that was after

everything taken out and she said payroll was coming out, all expenses except for payroll which would be $31,000.00. Two employed for the last month.

Before he had himself and three others employed there. Those duties are

included as Janet Fast Wolf's Finance Officer's duties. Motion was made by

Debra Isburg to table all requests for loans until audit can be done and

see where the Tribe stands financially and after the audit establish a

credit loan of some kind. This motion was seconded by Garfield Grassrope

carried with three for, one not voting, one obstaining, and one absent.

The question was asked by Darrell Middletent if the loan for Shirley Flute

couldn't come out of the General Fund. The answer was that's where they

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Special Meeting

December 22, 1980

came out before. It was said that if we do this, pretty soon other people

will be coming and asking for loans and we don't know if we have enough money.

Transfer of Alva G. Crazy Bull

Michael Jandreau told the Council Members that at the last Council meeting

he presented to the Tribal Council and received approval of having the body

of Alva G. Crazy Bull returned to the reservation for burial and the cost

was $1500.00 by Isburg Funeral Home in Pierre. His conversation with Eunice

Crazy Bull on Mr. Isburg and he stated he'd need the advance before returning

the body. Motion was made by Michael Jandreau that the Chairman be authorized to provide the amount to Isburg Funeral Home and that Mr. Isburg have

the body returned on this action. This motion was seconded by Debra Isburg

and carried with five for, none opposed, and one absent.

January Regular Council Meeting

Motion made by Debra Isburg to have the regular meeting of the Tribal Council

in the evening of January 7, 1981 and a buffalo be donated by the Tribe.

This motion was seconded by Michael Jandreau and carried with five for,

none opposed and one absent.

Minutes of Council Meetings

Debra Isburg brought up the topic of the Council minutes of meetings being

published. This was not acted on by the previous Council, it was just that

the expense of the minutes being published. Motion was made by Debra Isburg

that the minutes of the Tribal Council meetings back be copied and mailed

to all Members. This motion was seconded by Winona Long and carried with

five for, none opposed, and one absent. Winona Long stated that this was

the biggest complaint of off reservation people not being contacted and not

knowing what was going on and she'd like to see these printed and mailed

out so that they'll be aware of actions taken. There is a transcriber not

being used but the cost is $2,000.00 and the machine comes out of MKM Office

Products, Ltd. in Huron. This was brought down about the last part of November. Some of the people do know how to use it. If this can be purchased

it would be easier. We've had consistent troublt with our xerox machines.

It's .5¢ a copy through the one we have now. Maybe monies could be found

through programs for purchasing of the new machine. The Chairman will instruct Larry Mendoza to locate monies on this.

Andrew Estes' Request

Motion was made by Michael Jandreau to refer this request to Don Fallis.

This motion was seconded by Debra Isburg and carried with five for, none

opposed and one absent.

Approval of December minutes

Motion was made by Michael Jandreau to approve minutes to the December 3,

1980 Tribal Council meeting. This motion was seconded by Winona Long and

carried with three for, one opposed, and two absent.

Request from Vera Durkin Eberleine

A request came to Winona Long from Vera Durkin Eberleine in regards that

she never received a portion of the estate. She is one of eight children

of Leva Durkin Fallis. The Chairman read the request to the Tribal Council

Members. She is located off the reservation but reserves her heritage.

She had hired a lawyer but found out he was too expensive. Motion was made

by Winona Long to request that the Bureau of Indian Affairs provide information to Vera Durkin Eberleine. This motion was seconded by Darrell Middletent and carried with five for, none opposed and one absent. Lena Whistler

Fisherman requests to receive money for land purchase or just a loan of

$400.00. Michael Jandreau stated that he didn't believe the Tribe ever purchased that particular piece of land.

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December 22, 1980

Special Meeting

Debra Isburg

Since I have been in the office I have notices there is an overload of work

on some of the girls. Two are handling more programs and two only doing

two contracts. I would like to see the work load redistributed and that the

work be distributed evenly. The manager will be here on the 15th of January

and he should be allowed and primary responsibility to handle this.

~ .-

Motion made by Michael Jandreau to establish a Tragic Crisis Program. This

motion was seconded by Winona Long and carried with five for, none opposed

and one absent.

Motion to adjourn by Garfield Grassrope. This motion was seconded by Winona

Long and carried with five for, none opposed and one absent.

CERTIFICATION

The foregoing is a true and correct transcript of the minutes of a meeting

held by the Lower Brule Sioux Tribal Council, with quorum present, on the

22nd day od December, 1980.

Cheryll LaRoche, Recording Secretary

.,

SPECIAL MEETING

LOWER BRULE SIOUX TRIBAL CDUNCIL

lkcember 22, 1980

The Spe cial Meeting of the Lower Brule Sioux Tribal Council was held at the

Tribal Council Room on the 22nd day of lkcember, 1980 and was called to order

by the Chairman, Orville C. Langdeau, with roll call as follows:

PRESENT:

Orville C. Langdeau, Chairman

Winona Long, Vice-Chairman

lkbra Isburg, Secretary/Treasurer

Garfield Grassrope, Sgt. at Arms

Darrell Middletent, Chaplin

Michael B. Jandreau, Member

ABSENT:

Kay Gourne au, Member

The rreeting was opened with the Lord's prayer, led by the Chaplin, Darrell

Middletent.

The Chairman addressed the Tribal Council briefly to call upon the Council

Members to put aside sorre of th e ir differences and try to work constructively

for the Tribe . As you are all aware, of cuts in our budgets that have been

made and we need to utilize them which rrost benefit the Tribe. Also there are

Federal Regulations in the programs which we need to comply with to ge t funded.

I know that Council Members are anxious to start discussing comni ttees. The

Tribal Council went on record in reference to the Tribal Manager Corp and

suggestions were made as to setting up these comnittees . We're all in here

stri ving rrost to improve the conditions of our Tribe.

Amend the Election Ordinances

lkbra Isburg stated that her thoughts were the Tribal Council can arrend the

Ordinances and post the arrendments for public review. She thought the Council

could do this or appoint a comni ttee to do this. This was discussed and it

was decided that Mr. T.O. Traversie a lawyer, and has the experience in this

area could assist the Tribe. Winona Long made a motion to request Techinical

Assistance from the Bureau in arrending the Election Rules and Regulations.

The rrotion was seconded by Michael Jandreau, and carried with five for, none

opposed and one absent.

Enrollments Requests

Garfield Grassrope asked how do you go about enrolJ..rrent, who is eligible and the

requirerrents of the de gree of Indian Blood. Michael Jandreau clarified further

that irregardless of blood degree, if children are born while parent(s) are

residing on the reservation, they are eligible for enrollrrent. A Resolution was

passed in 1977 or 1978 that in the process of enrolJ..rrent this was to utilize

all Indian blood as long as one parent is an enrolled rrEl1lber. Harold LaRoche

stated that contrary to the Action of the Council this is sounds like an

arrendment of the Constitution and Bylaws and if so I would have bounced the

Resolution back . A rrotion was made by Garfield Grassrope to table all

enrollrrents until the resolution can be reviewed as to procedures under the

Constitution and Bylaws. The motion was seconded by Winona Long and carried

with five for, none opposed and one absent.

December 22, 1980

Special Meeting

Education Grant Requests

Michael Jandreau gave the background information on the re-activation of the

education funds, and wanted to make the new Council rrembers knowledeable as

to what was remaining in the account. This was from the Rehab Account, in

which there was $5,000.00 left over, from the Education Program. The previous

Council set a maximum of $600.00 to assist as many students as possible. There

were three requests, Floyd Flute Jr . - $i00. 00, Elaine Thompson - $2,200.00 and

Michelle LaRoche - $503.00. It was noted that Floyd Flute's request was for

attendance at Sioux Empire College in Haywarden, Iowa, and that his application

was not complete. After discusstion, Winona Long made a rrotion to request

assistance from the Bureau to investigate the Sioux Empire College. Motion was

seconded by Debra Isburg and carried with four for, one against, and one absent.

The Council reviewed the applications, in the past these were processed on first

corre first serve basis, and the earliest dated was Michelle LaRoche dated

November 6, 1900. Winona Long made rrotion to approve a grant to Michelle

LaRoche. Motion was seconded by Darrell Middletent and carried with four for,

one against, and one absent. The other tv,o education grant requests will be

tabled until funds are available.

CErA Program and Farn1CorpoI1ation

Reports were read by the Chairman on the each Program's Progress.

Indian Preference in Employrrent

Garfield Grassrope asked on the Bureau's hiring policy. Mr. LaRoche stated

that the BIA goes with Indian veterans, enrolled Indians, then anyone qualified.

Mr . LaRoche further stated that the BIA itself has to stay in compliance with

the Equal Opportunity Act, and its the Bureau's policy to see that the

individuals qualifed first then the preferences. Garfied Grassrope indicated

that the Tribe needs to establish a policy when hiring people. First would be

to Enrolled rrembers of the Tribe, second would be a person married to an

enrolled rrember, then just to Indians coming from other reservations. It was

also stated that a policy of this type was establish in the early 1960's, first

was to enrolled rrembers, second a person married to an enrolled member, third

was veterans, then last was anyone. The Chairman stated at this tirre that in

certain programs when the Tribe applies for Program funds there are certain

regulations we must comply but didn't know to what extent. Garfield Grassrope

made a rrotion to reinstate that policy of the 1960's. Motion was seconded

by Darrell Middletent, carried with four for, one against, and one absent.

Michael Jandreau made a request that this policy be presented to the Tribal

Council for discussion and review.

TUrn Over Farm Expansion Projects to the Farm Corporation

1<btion was made by Michael Jandreau to turnover the two projects of the Expansion

Projec to the Farm Corporation by EDA since the grant is completed. Motion was

seconded by Debra Isburg and carried with five for, none opposed and one abs ent.

This is to include the graineries, garage and the bins.

BUSiness Developerrent

Michael Jandreau stated that during the previous administration there was an

act passed to bring in, work and develop individual business. Michael Jandreau

was asking this administration to support the previous administration's action.

Page 2

December 22, 1980

Special Meeting

The previous Council's action was to utilize the Planning Department in

preparing and providing Technical Assistance to individuals, whether it

be small or a large industry. The Lodge is continuing to be an expense to

the Tribe, and there is a large arrount of vandalism occurring at the Lodge.

At one time the Department of Outdoor Recreation was up there. Michael

Jandreau also stated that he has had two individual requests to lease the

lodge. One was for a Night Club, meals etc., and the other for a Camping

Site. It was then decided to waid for the requests to come on the use of

Lodge prior to the advertisement if allowable by the Council. The Lodge

was completed about Mid-1979 and has been unoccupied during the past two

years, as a water problem still exists at the Lodge. The Lodge cost

approximately $270, 000.00, $75.000.00 for the Lodge, $25,000.00 for the

cabin building, and the remaining for Labor, coupled buildings, buffalo

fence and water and sewer. Michael Jandreau also asked the Council's

feelings on Industrial Business by private individuals of the Tribe. The

Chairman stated that in the past several have used the Planning Department

for assistance, and is in favor of cornrerical development. We don't have

enough on the reservation and we need to keep the money circulating within

the reservation. Michael Jandreau stated that one prime example is that when

Pat Spears was here as the Planner for 701 he developed outlets for people

who were eligible to FHA through Rehab, Housing and Water Develop!'llent and since

Pat Spe':fs has been gone this hasn't been followed up on. We are currently

looking v policies to utilize the Housing because PHS doesn't have the money

to finiSh the services needed (water). The Planning Dept. does have a

position for this purpose to seek assistance or funds for these kind of

needs, but at the present the person in this position is currently learning

the ropes and he doesn't have the background and experience that Pat Spears

had. A motion was made then by Michael Jandreau to prorrote business

deVelop!'llent and provide Technical Assistance to individuals requesting

this assistance . lbtion was seconded by Winona Long and carried with four

for, one not voting, and one absent, Michael Jandreau made a motion to

advertise for lease of the Lodge. MJtion was seconded by Debra Isburg and

carried with five for, none opposed and one absent.

&:ib Kendricks - Lease of Narrows .

The Chairman stated that a call came from &:ib Kendricks, the Corp and sometime in the past requested a lease for the narrows's to include the buffalo

pasture to develop recreation. Ibes tl;1e Council wish to proceed with the

lease arid if so, what is your first lAtent for development. Michael Jandreau

stated the.y had met in June with the Corp and reviewed the plans. They were

willing to lease us the entire area for development on a twenty-five year

lease. At that time problems developed with the Department of Game, Fish

and Parks concerning jurisdiction of the land. The attorneys and Tribal

Council mermers did not want to be tied into a law suit, before making

a decision. Michael Jandreau made a motion to reject the offer on the

lease until we know the outcome of the suit. Motion was seconded by Garfield

Grassrope, and carried with five for, none against, one absent.

Road Construction Priorities

There was lengthy discussion on the condition of the roads on the Reservation.

A motion was made by Winona Long to sutmi t a request fran the Bureau for

_funds and also submit a listing on our Road priorities as follows:

Page 3

Special Meeting

December 22, 1980

Road Oonstruction Priorities continued

la. Cedar Creek (Kennebec corner to Reliance) containing 24,6 miles of

surfacing; lb. Cedar Creek (Kennebec corner North), 21. 3 miles asphalt

overlay; 2a. Little Bend Roac;1. 1. 0 mile grading and 10.1 miles surfacing;

2b. Oounselor Creek (North of South Dakota 47), Slide Area Repair, 7.1 miles

Seal Ooat. 3 . Lower Brule Streets, 3.1 miles surfacing (Ooncrete with curb

and gutter), and Fairground Loop Road, . 8 mi les surf acing. 4. Fort Hale

Road(South of South Dakota 47), 11.9 miles grading, and 1.1 miles graveling

Surfacing, and 4.4 miles gravel surfacing, and 7 miles grading and Two Hawk

Road, 3.7 miles grading, and Bus Loop Road , - 6.9 miles grading. Motion was

seconded by Garfield Grassrope and carried with five for, none opposed and

one absent. It was also decided to send a copy of this request with a

detailed cover letter to the Oongressional delegates for support. The total

cost in repairing the road conditions on the Reservation would total

$7,528,200.00.

RECESS - The meeting was recessed for the noon hour and recovened at

2: 20 pn. with the SanE members present and still one absent.

Homesite Request - Frederick B. and Cheryll Y. LaRoche

A request was submitted for a homesite by the Old Wynia Place, the land is

currently being leased by J. W. Thompson. It was noted that this was approved

by the prior administration with acceptance of a letter from J.W. Thompson

wi th his approval of the homesite being placed on his lease. MJtion was

made by Michael Jandreau to approve the homesite described as NE!NE!NW!SW!,

Section 19, Township 107 N., Range 73 W., consisting of 2.5 acres, . MJtion

was seconded by Debra Isburg and carried with five for, none opposed and

one absent.

Alcoholism Program - Funding to Staff Detox Center

The Alcoholism Program has been granted a BIA house to use for a Detox Center

but need funding to staff it. The Director is asking to raise the tax on

the liquor store and raise the rent and this be given to hire Detox staff.

The rent for the building will be paid to the Bureau of Indian Affairs. The

Alcoholism Program can handle that themselves. Maybe fines for people who

are bootlegging. Something to h elp the Alcoholism Program out. The Program

Director would like to invite the Tribal Oouncil to come up to the Treatment

Center, sit in on classes and see what's going on up there. It was not ed

that James Estes, the Mental Health Technician has not yet decided if he will

place his office at the Alcoholism Center when they move into the BIA house.

the three of four staff members for the Detox Center would received the

mlnlmum wage. It will probably have four beds for each sex. Will use the

basement for the Detox Center and the upstairs for offices. The building won't

be available for about two more months. The AA Program will be putting and

application through the State for some monies. On taxation of non-members

has to be approved by the Secretary of Interior. The liquor building does not

belong to the Tribe. The lot belongs to the Tribe. The owner pays utili ties

and a twenty-five year lease on the lot. The Tribal Oouncil still has the

authori ty to pass an ordinance on taxation of the business and the Secretary

of Interior would review it . Clark Ziepher, AA Director stated that the owner

is making a lot of money and people are dying because of alcoholism. A motion

was made by Garfield Grassrope to impose a traders tax on non-Indians. MJtion

was seconded by Winona Long and carried with five for, none opposed and one

absent. f..1ichael Jandreau stated to the Oouncil, that caution, and to have

research done and potential cost to the Tribe to put taxation on this. The

Tribal Attorney will check into this.

Page 4

Special Meeting

D9cember 22, 1980

AA Program - Continued

Clark Ziepher is the Veteran Services Officer for Lower Brule, and at this

time is requesting assistance to attend a meeting in Sioux Falls, South

Dakota. This meeting is for upgrading of discharges. The fee for the

workshop is $60.00 Michael Jandreau made a rrotion to approve fees to be paid

for attending the requested workshop. M::>tion was seconded by Darrell

Middletent and carried with five for, none opposed and one absent.

Rose McCauley

Rose McCauley wishes to request from the Tribal Council appointment of

Chief Judge. If Mrs. McCauley is appointed as Chief JUdge then she would

give up her position as Probation Officer. According, to the Tribal Code,

the office is for four years. Mrs. McCauley feels that she has the

qualifications because she has worked sixteen years as a full time judge

and a temporary Judge. She also requests that she be able to keep her

training up as she will be able to in the past. Michael Jandreau made

a rrotion to table this action of Chief Judge because of not having been

aware of this prior to the meeting and find out who the people would be

directly affected and having requested of the Chainnan and the appearance

of Rose McCauley as not on the agenda and not knowing the request, until

the next regular meeting, so members could voice their opinions and this

posi tion should have been on the ballot. The rrotion was seconded by

Garfield Grassrope and carried three for, two not voting and one absent.

Request Vehicle for Pesticide Program

Mr. Tony LaROche, Pesticide Officer is requesting a vehicle from the

Tribe or the Indian Action Team Program. Michael Jandreau made a rrotion

to grant his request if one is available and also with the following

provisions: Lease arranged with Chairman, Buy Liability Insurance wi thin

the Program I s budget and to obtain a Government Drivers License. The MJtion

was seconded by Darrell Middletent and carried with five for, none opposed

and one absent.

Additional Requests

Winona Long has a request for a loan from D9lla D9Witt Staut at Surrmit, S.D.

and her husband works for Dunbar Dairy, she is requesting a loan of $300.00.

The method of repayment would be his wages rronthly. There were also two

written request for loans from Shirley Flute one dated 12/12/80 and one

dated 12/22/00. At the meeting with the Tribal Mgr. Corp. Dr. Wilson

suggested that a revolving credit account or small bank loaning system

be iniated. D9bra Isburg stated that as a new Council mernber she did not

know the status of the Tribe financially. Maybe a ffilall loan program

could be set up with Goose Ranch rroney. On the Goose Hunting, there is

28,000.00, this was mention to the Chainnan by Janet Fast Wolf, Associate

Finance Officer. MJtion was made by D9bra Isburg to table all requests

for loans until an audit can be done and see where the Tribe stands financially

and after the audit establish a credit loan program of some kind. MJtion

was seconded by Garfield Grassrope and carried three for, one not voting,

one obstaining, and one absent. Darrell Middletent asked if the loan for

Shirley Flute could come out of the General l<Und. It was stated that if we

continue to do this, other individuals will be coming and we don I t know if

we have the rroney to handle the requests.

Page 5

Speci al Meeting

December 22, 1980

Transfer of Alva G. Crazy Bull

Michael Jandreau infonred the Council that at the last Council rreeting, he

presented and received approval of having the body of Al va G. Crazy Bull

returned to the reservation for burial and the cost was $1,500.00 by Isburg

Funeral Horre of Pierre, S.D. His conversation with Eunice Crazy Bull was

that he vxmld need the advance before returning the body. MJtion was made

my Michael Jandreau to authorize the Chairman to make payrrent to Isburg

Funeral Home and have the body moved back to the reservation. Motion was

seconded by Debra Isburg and carried with five for, none opposed and one absent.

January General Council rreeting

MJtion was made by Debra Isburg to have the General rreeting of the Tribal

Council and people on the evening of January 7, 1981, and a buffalo be

donated by the Tribe. The notionwas seconded by Michael Jandreau and

Carried with five for, none opposed and one absent.

Minutes of Council rreetings

Debra Isburg brought up the topic of the Council minutes of rreeting being

published. This was not acted on by the previous Council, it was just

the expense of publishing them. Motion was made by Debra Isburg to begin

issuing the minutes. The notion was seconded by Winona lDng and carried

with five for, none opposed and one absent. Mrs. lDng stated that this was

the biggest complaint of off-reservation people not being contacted and

not knowing what was going on and she'd like to see these printed and mailed

out so that they'll be aware of actions taken. There is a transcriber not

being used but the cost is $2,000.00 and the machine is from MKM Office

Products of Huron, S.D. This was brought down the last part of November

and a few do know how to use it. If this can be purchased it would be easier

and the copy machine is quite troublesorre and expensive. The Chainnan will

instruct Larry Mendoza to locate monies on this.

Andrew Estes Request to Buy Fuel

Motion was made by Michael Jandreau to refer this request to fun Fallis.

The motion was seconded by Debra Isburg and carried with five for, none

none opposed and one absent.

Approval of December Minutes

}.btion was made by 1tichael Jandreau to approve minutes of the December 3, 1980

Tribal Council rreeting. lVbtion was seconded by Winona lDng and carried with

three for, one opposed and two absent.

Request from Vera Durkin Eberleine & Lena ~histler Fisherman

A request carre to Winona lDng from Vera Durkin Eberleine in regards to

a portion of a estate she never received. She is one of eight children

of Lema Durkin Fallis. The Chairman read the request to the Tribal Council.

She is located off the reservation but reserves her heritage. She had hired

a lawyer but found out that he was to expensive. MJtion was made by Winona

lDng to request that the BIA provide information to Ms. Eberleine. The

notion was seconded by Darrell 1tiddletent and carried with five for, none

opposed and one absent. Lena Whistler Fisherman requests to receive money

for land purchase or just a loan of $400.00. 1tichael Jandreau infonred

the Council he didn't believe the Tribe ever purchased that particular

piece of land.

Page 6

Special Meeting

Decerrber 22, 1980

Debra Isburg

Mrs. Isburg stated that since she has been in office she has noticed the

overload of work on SOl'l'e of the girls. 'IWo are handling rrore program::; and

two only handling a couple of contracts. I would like to see the work

load redistributed and that the work distributed e venly. She was infonned

that the Tribal W.tanager Corp. will be here on January 15th and he should

be allowed and his primary responsibility will be to handle this situation.

Disestablish the Fune ral Fund

Michael Jandreau made a motion to dis-establish the Funeral Fund. 1btion

was seconded by Winona long and carried with five for, none opposed and

one absent.

Adjourrurent

Garfield Grassrope made a motion to adjorn the meeting. Motion was seconded

by Winona long and carried with five for, none opposed and one abs e nt.

CERI'IFICATION

The foregoing is a true and correct transcript of the minutes of a meeting

held by the lower Brule Sioux Tribal Council , with quorum present, on the

22nd day of December, 1980.

Cheryll LaRoche, Recording Secretary

Page 7

REGULAR MEETING

Lower Brule Sioux Tribal Council

January 7, 9 and 13, 1981

PRESENT:

Orville C. Langdeau, Chairman

Winona Long

Debra Isburg

Garfield Grassrope

Darrell Middletent

Michael Jandreau

Kay Gourneau

Also Present:

Absent:

None

R. Dennis Ickes, Tribal Attorney

Ellis Armstrong, Consultant

The meeting opened with the Lord's prayer, led by the Chaplain.

Tribal Social Assessment for Grassrope Project - The first order of

business was to

introduce Mr. Ellis Armstrong, a contact and friend of Mr. Ickes who

recommended his services as consultant in negotiations with Water & Power

Resource Services in regard to completing the Grassrope Irrigation Project.

1.

Members present from Water & Power Resource Services were Larry Dozier,

Lloyd Porter, Lee Gross and Richard Demlo. Discussion was then held on the

assessment which resulted in a listing of the accept ions and additions as

voiced by the Tribal Council. These will be listed in the narrative to be

prepared by the Planning Department. The assessment was conducted under

NED (National Economic Development) and EQ Environmental Quality) structures

and were adpted to the following: Population, employment, income, housing,

industrial resource base, community facilities and services, socio-legal

organization, cultural resources, public finance and tax base, quality of

life and social well-being, with the Council adding another category wildlife. The concensus of opinion was that there wasn't a category to

identify wildlife as the Tribe wished it to be handled - it is used for

other purposes than parks and recreation. Kay Gourneau made a motion to

identify the Tribe's needs by establishing a separate category for wildlife.

The motion was seconded by Winona Long and carried with six for and none

opposed.

-

,

Each individual category was evaluated and the ratings changed as to the

Council's assessment. The next discussion was on the priority listing for

the social assessment, given as follows, going from number one to twelve:

Employment, Income, Industrial Resource Base, Quality of Life, Wildlife,

Social Well Being, Socio-Legal Organization, Housing, Population, Community

Facilities and Services, Cultural Resources, Public Finance & Tax Base.

Michael Jandreau, made a motion to adopt this priority listing. The motion

was seconded by Debra Isburg and carried with six for and none opposed.

Page 1

January 7, 1981

Regular Meeting

Garfield Grassrope made a motion to change the minus assessments to a plus

for the following categories, and to add construction and post-construction

phases to the assessment - Utilities, Parks, Library, Socio-legal, Cultural

Resource and Tax Base. The motion was seconded by Michael Jandreau and

carried with six for and none opposed.

RECESS - The meeting recess for the noon hour and reconvened at 1:30 p.m.

with the same members present; Michael Jandreau arrived late.

Water & Power Resource requested a resolution re-affirming the Tribe's

adoption of the NED plan for tribal social assessment and wildlife mitigation.

Garfield Grassrope made a motion to adopt a resolution to this effect. The

motion was seconded by Debra Isburg and carried with six for and none opposed.

General Counsel Report - R. Dennis ickes was present to give an update

and report on general counsel a c t i vi ~i es .

He first reported on the case of the State of SD vs. the United States Water Rights. The Tribe being a beneficiary of trust by the U.S. is effected

by the law suit. This is an attempt by the State to quantify water rights.

The U.S. Department of Justice will file suit to move this to Federal court,

and out of State court.

2.

On the case of the Tribe vs. State Game, Fish & Parks; this is a jurisdictional

law suit and will come to trial the 12th or 13th of February. This is a very

important case to the Tribe - the State is trying to enforce their game laws

within the boundaries of the reservation.

In the law suit against the Corps, this is an attempt to get back taking

lands that are not needed by the Corps. The Big Bend Dam Act requires that

the Corps return all land back to former owners, including Tribes, which is

not necessary for their project.

Mr. Ickes then informed the Council of possible areas of litigation, citing

the sales and gas ta x , etc. He also gave information on general items of

interest such as the Commercial Credit Agreement with Northwestern Bank which

is not finalized but close to an agreement. Mr. Ickes then outlined other

topics that are on-going; Grassrope Project being completed - the Tribe does

have the alternative to go with private investors to accomplish this.

A followup has to be done in the Guffin case so that they can re-qualify for

BIA services for the children.

Discussion was then held on a licensing procedure for the reservation, which

would be beneficial for the Tribe to initiate. This led to a discussion of

taxation - with a definite reference made to the bar only. The attorney

stated there are federal statutes governing regulations of sales of alcoholic

beverages on the reservation, addting that it would not be advisable to

single out anyone business for ta x ation. Debra Isburg stated that at the

station, they are not allowed to raise the price of gas any higher than the

law allows, and this would make it difficult to collect a tribal ta x . The

attorney was told, by the Chairman, to draft a comprehensive ordinance

dealing with the levying of taxes by the Tribe. Michael Jandreau made a motion

Pa ge 2

January 7, 1981

Regular Meeting

to authorize the Chairman to appoint a committee to work on a total tax

package which will be presented to the Council for approval. The motion was

seconded by Kay Gourneau and carried with six for and none opposed.

The

Chiarman requested and received concurrence from the following to form the

committee: Michael Jandreau, Debra Isburg and Garfield Grassrope.

Payment for General Counsel - The attorney presented his October

billing for payment. He explained that

some of the billing would be reimbursed by the BIA for litigation purposes.

Mrs. Long commented on the high cost of the attorney's services. He answered

in comparison with some other reservations, his costs are very much lower,

but at the same time the Tribe must ask themselves if the attorney's services

are worth what is paid. He stated further that the Tribe initially hired him

on the basis of his background, experience in litigation, and for the fact

that he knew his way around for contact purposes. He previously held

positions in Washington in the Department of the Interior and in the Department of Justice - this experience has proved very valuable to the Tribe. It

was during this time he became familiar with this Tribe. The Chairman stated

he was the one who made the motion to hire Mr. Ickes, he has known him since

1972, and that he voted for him on the basis of knowledge of Indian law and

being able to assist the tribe, explaining that we have had lawyers who were

reluctant in dealing with the white communities - Mr. Ickes is not. His

contract is on a year-to-year basis. His worth must be judged by his

performance, on the basis of his influence, success in litigation, success

in contacting people of influence, etc. He believes this is the kind of

services that are valuable to the Tribe. Michael Jandreau offered that when

Mr. Ickes was in the Department of Justice, he was responsible for establishing

the Indian Civil Rights Division. He does have important political contacts

and has used them in the best interests of the Tribe. Michael Jandreau then

made a motion to approve payment for October. Mrs. Long asked that it be

stated in the minutes that a portion of this will be reimbursed by the Bureau.

The motion was seconded by Darrell Middletent and carried with five for and

Mrs. Long opposed. Mr. Ickes receives $60/hour plus monthly retainer and

expenses.

3.

Title I Program - Dan Shroyer, Acting EPA, came before the Council to

discuss the Title I contract. Under the present contract,

the Tribe is the contractor and does not receive any indirect costs. He

informed the Council that under the Indian Education Act, the School Board can

contract for Title I services, if the Tribe so wishes. Michael Jandreau made

a motion to allow the Lower Brule School Board to contract for the Title I

program. The motion was seconded by Kay Gourneau and carried with five for

and none opposed, one (Debra Isburg) not voting.

4.

Private Secretary Position - Debra Isburg stated that although this is

not on the agenda, it is a matter that the

Tribal Council must consider, regarding the position of the private secretary.

Several things must be decided - is the position going to be advertised, is

the position a permanent one, if it is only temporary the Chairman does have

the authority to establish and make a temporary appointment. Mrs. Isburg

feels that this position has and is causing conflicts. Another matter to

settle is to find funds for the salary. The Chairman stated he would bring

5.

Page 3

January 7, 1981

Regular Meeting

this formally to the Council and request that Cheryll LaRoche be appointed

private secretary, adding that a temporary appointment is fine, as he did

consider that she would be useful to bim, as well as to the Tribe. Mrs.

Long asked if it was the Chairman's prerogative to appoint a secretary. The

Chairman answered that a decision should be made as to the delegation of

authority for the chairman and other offices to eliminate any conflict later

on, or if the Council would carry forth with the established delegation of

authority. Mrs. lsburg stated she was not questioning the chairman's delegation of authority, she only wanted to bring the matter to the Council's

attention as to the possibility of conflicts. We will have the private

secretary in the office and there is Connie Boyd working in her position and

for the Council - we need to clarify the duties and responsibilities if there

is going to be the two positions. The Chairman answered that he did realize

this and did take it into consideration - there will also be the matter of

the Tribal Manager coming on board, with one of his duties being upgrading

the management system, which may result in a cut in some areas or positions.

Mrs. lsburg again stated she was not questioning the authority of the Chairman,

but the matter of finances must be settled, the Tribe is not in a position to

take on additional help at this time, but if the Tribal Manager can find the

means to do so that would be fine - one example of this would be the

authorization of travel for the private secretary out of the general fund;

as secretary-treasurer for the Tribe, she would ultimately be responsible for

this. She asked if other Council members had any opinion they should be

stated now. The Chairman told Mrs. lsburg he appreciated her statements.

Mrs. Long asked if the Chairman would like a private secretary until such

time as a determination of need is made by the Tribal Manager. The Chairman

answered that if the Council wished otherwise, he would concur and proceed

forward. After further discussion, Michael Jandreau stated to all concerned,

since there are no clearly defined responsibilities for the private secretary,

and considering the fact that under the delegation of authority there are

certain options left open to the Chairman when there is a need to place

employees in temporary positions, it would be his suggestion that, since we

are obviously going to have to reconvene at a later date to complete the

agenda, this request for a private secretary be submitted in writting to the

Council for their deliberation, outlining primarily just what the private

secretary would be used for, her duties and responsibilities, etc. He then

made this a motion. The motion was seconded by Winona Long and carried with

six for and none against .

RECESS - The meeting recessed for the night and reconvened on Friday, the

9th day of January, 1981, with the same members present, Winona Long arriving

late.

11M Balances - Michael Jandreau made a motion that the 11M balances be

extracted from their separate accounts and redeposited

with other treasury funds into an interest bearing account. The motion was

seconded by Kay Gourneau and carried with five for, none opposed and one

absent.

6.

Page 4

January 9, 1981

Regular Meeting

Land Payment - Michael Jandreau made a motion that the $77,000 from the

Farm Corporation be used to make part of the FHA payment,

and to extract the balance from the treasury funds before they are redeposited.

The motion was seconded by Debra Isburg and carried with five for and one

absent.

7.

(Winona Long arrived at this time)

Education Grant Requests - There were five requests for education grants

for college. However, there is a balance of

only $610 in the grant fund. Winona Long made a motion that this be used to

give a $200 grant to each of the three high school students attending the

Presidential Classroom in Washington D.C. The motion was seconded by Kay

Gourneau and carried with six for and none opposed.

8.

Rehab Account - Michael Jandreau made a motion that the $29,000 now in a

checking account be placed in a time certificate of

deposit to gain the highest interest rate possible and that the secretarytreasurer be authorized to do this. The motion was seconded by Winona Long

and carried with six for and none opposed.

9.

Requests for Lease - Kay Gourneau made a motion to approve a homesite

lease to John and Bessie Estes on the 5.0 acres

around the Black Dog homesite. The motion was seconded by Darrell Middletent

and carried with five for, none opposed and one absent. They will be informed

that the additional 5.0 acres they requested is already under a lease.

10.

Michael Jandreau made a motion to approve the lease to Frederick LaRoche,

land described on the resolution. The motion was seconded by Debra Isburg

and carried with five for none opposed and one absent.

Debra Isburg made a motion to approve a lease to Jim Jandreau on the 160 acres

formerly leased by Alfed Ziegler, land described on resolution. The motion

was seconded by Darrell Middletent and carried with five for, none opposed and

one absent.

Included in the above motions will be a stated current approved rate and term.

ANA Programs - For the benefit of the new Council members, Mr. Don Fallis

presented a written report on all programs administered

through his office, and also personally gave program information as to funding

and employees under each program.

11.

Mr. Fallis asked for Council concurrence on a job advertisement for a Crisis

Intervention and Energy Conservation Officer. Michael Jandreau made a motion

to approve the position. The motion was seconded by Debra Isburg and carried

with six for and none opposed.

He then gave information on the Tribal Manager Corps (TMC) program, glvlng

background information on Mr. Cy Maus, the individual selected to serve as

Tribal Manager under this program. He apologized for not informing everyone

Page 5

January 9, 1981

Regular Meeting

in detail on this. This is a two year program that will

tribal government and administration.

upgrade

The ANA grant package is due, and a resolution is required to submit the

application for FY 81. The program's scope of work this year will coincide

with the TMC program, and will provide for some training funds for tribal

council and staff. Kay Gourneau made a motion to adopt a resolution in support

of the program. The motion was seconded by Winona Long and carried with six

for and none opposed.

RECESS - The meeting recessed for the lunch hour and reconvened at 1:30 p.m.,

with the samemembers present.

CETA Program - Program Director, Ted Bolma.n, inf ormed the Council on the

CETA allocation, and general program information,

explaining the emphasis placed on CETA positions which is geared toward

training and then eventual placement in a permanent position. He then

informed the Council that an advisory committee must be established as part

of the program guidelines for job placement employee recourse, hiring and to

generally provide direction for the program. No definite action was taken

on this at this time.

12.

Miscellaneous - Inez Eagle Thunder entered the meeting at this time. She

was under the impression that the Council had to approve

a lease between her family and Mr. Karlin. She thought the Council wouldn't

allow this. The Chairman explained that this is between the individual land

owners and the individual who is going to lease the land. The Tribe does not

have anything to do with this.

13.

Land Transaction (Andrew Estes) - The Tribe has approved a supervised

land sale for Andrew Estes, reserving

the right to meet the high bid. However, another matter has come up for

clarification on Range Unit #13. Thelease payment has not been made on this

and the Tribe has received a request to lease this from J. W. Thompson. The

land is located around the present homesite belonging to Andrew Estes. Mr.

Estes indicated to the Tribe that he does intend to pay the lease when his

land sale is complete and requested an ex tension to get this done. The

stated the Bureau is charged with the responsibility of collecting

payment for leases and cancelling for non-payment or non-compliance of lease

stipulations. After further discussion, Kay Gourneau made a motion to grant

Mr. Estes an extension to pay the lease - up to the time his land sale is

complete. The motion was seconded by Garfield Grassrope. On call for

discussion, Michael Jandreau requested an executive session before the vote,

after which, it wa s agreed by all that the following would be included in the

motion and second: Further transactions of this type, dealing with delinquent

payments, cancellation of units based on non-payment or non-compliance with

lease stipulations, it is requested that appropriate action be taken by the

Bureau as incorporated in their trust responsibility, and further, that an

14.

Pa ge 6

January 9, 1981

Regular Meeting

agreement be drawn up and executed between Andrew Estes and the Bureau of

Indian Affairs at the time the land sale is consummated, to assure payment of

the range unit lease. On call for a vote, the motion carried with five for

and none opposed, Debra Isburg did not vote.

In reference to Andrew Estes' land sale, the Chairman asked the Council if they

wished to borrow the money to meet the high bid. The appraised value is

$21,600. Michael Jandreau made a motion that the Tribe make arrangements to

purchase this land, and to this end authorized the Chairman to apply for a

FHA loan for this. The motion was seconded by Kay Gourneau and carried with six

for and none opposed.

Request for Appraisal - Garfield Grassrope stated that his wife and her

sisters have interests in land they wish to sell,

in the Whistler estate. He then made a motion to request an appraisal on this.

The motion was seconded by Michael Jandreau and carried with five for and none

opposed, one absent.

15.

Indian Preference in Employment - Garfield Grassrope stated the Council

passed something for Indian preference

policy. Tribal program positions are being held by non-Indians and should be

re-advertised. Michael Jandreau asked if there were any specific positions

and Mr. Grassrope answered the Judge's position and the Housing Director. He

continued that this is not discrimination but that the tribe has to fol l owup

on our policy. Mr. Jandreau stated the only problem he had with that was,

those selections were made by Council action and as such there is a removal

process, but for cause. There is nothing wrong in utilizing Indian policy as

long as we can keep in compliance with federal standards and as long as we can

hire qualified individuals to set in those positions. The new policy could be

implemented with new employment, but if you arbitrarily remove people, it will

create a good eal of bad feelings and develop a lot of (dissectio ~ among the

people we serve. Discussion was then held on the judge's salary and position

and Michael Jandreau asked Mr. Grassrope's concurrence to discuss the judge's

position and the entire judicial system at a later point in time, and to

discuss this in and of itself with court personnel present . Mr. Grassrope

agreed.

16.

Michael Jandreau stated that at the last Council meeting he requested that an

Indian preference policy bet set out in writing. Suggestions were made as to

how people would be categorized in selection process. However, there was no

recourse for appeal in this process when they may qualify under any other

category. Currently any individual not being selected for a position has a

right to come to the Council to ask for a reason for rejection. All funds

for major positions are provided by the Federal government. Debra Isburg asked

if the Council had the authority to give preference to enrolled members, if they

are qualified. She was told yes, that it is the Council's judgement to pick

the best qualified. Michael Jandreau requested that this hiring policy be

established in writing so that everyone can understand it and everyone can be

informed. Debra Isburg stated that it would be good if people knew they had

first opportunity if they are qualified, and this should be clarified. She

suggested that the Tribal Manager develop this as a written policy. Garfield

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January 9, 1981

Regular Meeting

Grassrope made a motion that the Tribal Manager develop the hiring policy

and present it, in writing, to the Tribal Council for action. The motion

was seconded by Debra Isburg and carried with six for and none opposed.

Request for Loan - Debra Isburg presented a written request from Alfreda

LeCompte for a loan of $150 because her BIA salary

did not arrive. On discussion, it was stated that this has been done in the

past, if the individual signs a consent to have their check sent to the tribal

office for repayment. Michael Jandreau made a motion to approve this if

Mrs. LeCompte would make this arrangement. The motion was seconded by

Winona Long and carried with six for and none opposed.

17.

Request to Use Gym - Debra Isburg presented a request from Marie Charger

for use of the gym for basketball practice. She

was told the gym is opened every evening for use by members of the community.

18.

Request for Annual Leave - Tom Estes requested payment of annual leave from

EDA planning since he was appointed as RUD

planner. It was decided this was an in-house decision and should be paid if

there were funds for it.

19.

Office for Tribal Manager - Michael Jandreau made a motion that the

building used for the Teen Center be

converted into an office for the Tribal Manager and a committee meeting room.

The motion was seconded by Debra Isburg and carried with six for and none

opposed.

20.

RECESS - The meeting recess for the day, and reconvened on Tuesday, the 13th

day of January, 1981, with the same members present except for Kay Gourneau

being absent.

Tribal Manager - Mr. Cy Maus was introduced to the Council. The

Chairman stated he was present to receive direction

from the Council. Mr. Maus stated his understanding of the scope of work

included in the grant package with the Bureau related to a management position,

as a tribal management improvement plan, to be developed by a group consisting

of the Tribal Manager and representation from the Council, the BIA, and IRS.

It is up to the Council to identify the individuals who will comprise the

group. As to day-to-day supervision, the Chairman stated it would be the

Counsil's decision as to who he would report to directly. The whole concept

of the Tribal Manager position is to accomplish centralization for the whole

system through which tribal government can be strenthened. This could be

referred to as a middle management system, with the policy, goals and the

objectives set up by the Council. It would then be up to the management staff

to implement the policy with the activities reviewed and re-directed as

necessary by counseling. The systems are outlined in the study done by Dr. Jim

Wilson - administrative control, effectiver personnel system and a financial

management system. Winona Long made a motion that the Tribal Manager report

directly to the Chairman. The motion was seconded by Michael Jandreau and

21.

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January 13, 1981

Regular Meeting

carried with five for, none opposed and one absent.

Financial Assistance for High School Students (Presidential Classroom) Mr. Schmidt, EPA, Mr. Art Doney, High School Principal and Mr. Gib Rogers

High School teacher were present to answer questions on their request for

financial assistant to send two high school students to Washington to attend

the Presidential

Classroom. The funds would be for plane fare. Mr. Rogers

I

gave the information on the program and costs, stating the students were

selected on a competitive basis involving academics and a written theme. They

were informed that the Council took previous action to assist with the plane

fare and to assist each student with $200 for their personal needs.

22.

Public Works Project - EDA Planner, Clovis Bowles, was present to ask

the Council's decision on a building to be

designated for renovation with public works funds, for the purpose of

weatherization. After discussion as to what would best suit the purpose of

the funds since they are allocated on a competitive basis, Michael Jandreau

made a motion the store building, now housing the post office and commodity

warehouse, be designated for these funds. The motion was seconded by Debra

Isburg and carried with four for, one opposed and one absent.

23.

Revolving Credit Fund - The Tribal Council had discussed a means to

establish a resource and criteria for the granting of small loans, by replenishing the revolving credit fund with money

collected from people owing the tribe on past loans . Debra Isburg stated

attempts were made in the past to do this, especially from people employed

by the Tribe and it was somewhat successful. Debra Isburg made a motion to

establish the revolving credit fund by collecting for all delinquent small

loans, and that two to three Council members concur on all emergency or

small loan requests . The motion was seconded by Winona Long and carried

with four for, none opposed and two absent.

24.

Health Board Recommendations - The Health Board recommended that three

additional people be named to the Health

Board. Michael Jandreau made a motion to approve their recommendation. The

motion was seconded by Darrell Middletent but did not carry, the vote being

one for, four opposed and one absent.

25.

Debra Isburg suggested that the Council consider the original intent of the

health board. Only directors of health programs should be seated on the

board. Michael Jandreau stated that originally members were selected if

someone expressed an interest. Further discussion was held in regard to

the membership of the Health Board . Garfield Grasrope then made a motion to

table this until the guidelines can be studied. The motion was seconded by

Debra Isburg and carried with five for, none opposed and one absent.

Michael Jandreau made a motion to concur with the recommendation on the

temporary appointment of Jean Valandra as clinic janitor. The motion was

seconded by Darrell Middletent and carried with five for and none opposed.

Page 9

January 13, 1981

Regular Meeting

IAT-Construction - Harley Mehrer and Ted Rouillard presented a proposal

to change the scope of the IAT program for FY 81,

to fully develop and implement the Lower Brule Construction & Development

Company. This could generate income for the Tribe, by using IAT program

funds to initiate this. Garfield Grassrope made a motion to adopt a

resolution supporting this. The motion was seconded by Darrell Middletent

and carried with five for, none opposed and one absent.

26.

Expansion of rAT Lot - Michael Jandreau made a motion to grant the use

of the two lots South of the IAT building to

IAT-Construction for expansion, and to notify the current owner of the cement

plant equipment (Bak Construction of White River) to remove this from tribal

property. The motion was seconded by Debra Isburg, provided a written re: quen ~ is received from lAT.

The motion carried with five for, none opposed

and one absent.

27.

rAT Loan - Harley Mehrer suggested, in order to employ a crew right

away, that a loan be made to cover the program costs until

funds are received. Debra Isburg asked if the crew positions will be advertised and was told yes, they would by Mr. Mehrer. Michael Jandreau made a

motion to authorize the Chairman and the Secretary-Treasurer to negotiate a

loan at BankWest of Pierre, for a period of 60 days. (The figures are to

be compiled and brought in by the IAT Director). The motion was seconded by

Debra Isburg and carried with five for and none opposed.

28.

RECESS - The meeting recessed for the noon hour and reconvened at 1 p.m.,

with the same members present.

Modification of Grant - Debra Isburg made a motion to approve the modification to the Comprehensive Health Planning

Grant to include a health planner, and to requesting training funds. The

motion was seconded by Winona Long and carried with five for, none opposed

and one absent.

29.

Amendment of Election Rules & Regulations - Paul Picotte of the Area

Office was present to

provide technical assistant to the Tribe in their revision of the election

rules and regulations. Mr. Picotte stated the revision would need to be

done by February 8th in order to meet the provisions of the court order. He

suggested that two people work with him in revising this. Debra Isburg

volunteered and Winona Long suggested Phil Byrnes for this.

30.

Correction of Minutes - In the absence of the Recording Secretary,

Cheryl 1 LaRoche took minutes for the meeting

of December 22, 1980. Winona Long made a motion not to approve the minutes,

as one of her statements was off the record but put in the minutes, and

due to the other errors. Michael Jandreau made a substitute motion to

31.

Page 10

January 13, 1981

Regular Meeting

correct the minutes at this time. The motion was seconded by Winona Long

and carried with five for and none opposed. Each subject item was revised

and corrected.

Michael Jandreau then made a motion to approve the minutes, as corrected.

The motion was seconded by Winona Long and carried with four for, none opposed

and two absent.

32.

Tragic Crisis Program - Michael Jandreau made a motion to establish

a Tragic Crisis Account. The motion was

seconded by Winona Long and carried with four for, none opposed and two

absent.

Elderly Nutrition Program - Linda Hofmann, Director of the Elderly

Nutrition Program was present to review

her program and finances with the Council, and to answer questions for the

Council. The Chairman thanked her for the information and time she spent

with the Council.

33.

CETA Advisory Committee - The CETA Director had requested that an

advisory committee be established to assist

in the CETA program. The Chairman suggested that he be given an answer,

and asked the Council to approve a committee on an interim basis until such

time as the Council committees are established. He asked the Council's

concurrence that the Tribal Manager, Cy Maus, Don Fallis and Ted Bolman

be named as the acting advisory committee. Michael Jandreau made a motion

to approve this. The motion was seconded by Winona Long and carried with

four for, none opposed and two absent.

34.

Miscellaneous - Maria Patterson has been in contact with the Tribe

and Bureau in regard to the lease held by the Farm

Corporation on the land owned by her father. The superintendent stated he

would set up a meeting with all concerned and the farm manager to discuss

this.

35.

Housing - Winona Long made a motion to adopt a resolution to submit

the preliminary application for the next housing project.

The motion was seconded by Garfield Grassrope and carried with four for,

none opposed and two absent.

36.

Resignation of Day Care Center Director - The Chairman read the letter

of resignation from Mrs. Janet

Rouillard, who stated she did not wish to go against the policy of the Tribal

Council in regard to Indian preference in employment. Michael Jandreau stated

that this policy is commendable and ideal and a goal that the Trube must

work toward, however, he believed there are exceptions to any rule and the

Tribe will be faced with them throughout this policy. We will

lose people

who have done an effective job for the Tribe which will cause problems and

which will deplete the services we can give the people of this tribe. He

37.

Page 11

January 13, 1981

Regular Meeting

stated he would like to see Mrs. Rouillard train a tribal member to take her

place, and with that understanding he would accept her resignation, otherwise

the program will go back to what it was before she assumed her position. He

requested that the Council look at each situation where they want to install

Indian preference policy, and look at it with a very open mind, to maintain

a continuity of service in the highest degre possible while still attempting

to reach their goal. Winona Long asked if she was agreeable to training someone, and wished to state that she admired her for the action she took. Michael

then made a motion to accept Mrs. Rouillard resignation on the basis that she

remain in the position until she trains someone to take her place. The motion

was seconded by Winona Long and carried with three for, one opposed (Garfield

Grassrope) and two absent. Garfield Grassrope stated if we do this in her

case then we will have to do it for everyone, and it will defeat our purposes.

Resolution for Support of Program - Nyal Brings came to the Council to

request a resolution of support

for the 1981 proposal for his program. Michael Jandreau made a motion to

adopt a resolution of support for the Child Advocacy, Service & Crisis Intervention Program. The motion was seconded by Winona Long and carried with four

for, none opposed and two absnet.

38.

Maintaining Ag-Engineer Position at Agency - The Agricultural-engineer

position at this Agency

was discussed. The individual holding that position has left and it is the

desire of the tribe to maintain this position here at the agency, as it is

vital to the ongoing development of the tribe's irrigation project. The

Superintendent has had verbal commitment on this. However, Michael Jandreau

stated that having been involved in these kinds of commitments before, he

would make a motion to adopt a resolution requesting assurances from the

Area Director that the Ag-Engineer position be maintained at this agency.

The motion was seconded by Winona Long and carried with four for, one opposed

and two absent.

39.

Interm Planner - Clovis Bowles was called in to give his recommendation

for the Intern Planner position. Richard Thompson, Jr.

has been in this position temporarily and he recommended that he be selected

to a permanent position on the basis of his work being more than adequate.

Michael Jandreau made a motion to concur with this recommendation. The motion

was seconded by Garfield Grassrope and carried with four for, none opposed

and two absent.

40.

Renewal of Lease - Richard "Bill" Thompson has requested a renewal of

a lease on - SE~NW~ Section 30, 109, 77, containing

40 acres, more or less. Michael Jandreau made a motion to approve renewal of

the lease. The motion was seconded by Winona Long and carried with four for,

none opposed and two absent.

41.

Page 12

January 13, 1981

Regular Meeting

Requests for Loans - Requests for loans were received from Tony Battese,

Shirley & John Flute, and Della DeWitt Stuart.

Winona Long made a motion to deny the requests on the basis that we do not

have funds for this at this time. The motion was seconded by Debra Isburg

and carried with three for, one opposed and one not voting.

42.

Approve Purchase of Land Interests - Iva Black Bear came before the

Council to inquire about her application for land sale. The land has been appraised, she has interests in the

Stroking Wing allotment. Michael Jandreau made a motion to purchase her

interests in this allotment. The motion was seconded by Garfield Grassrope

and carried with four for, none opposed and two absent.

43.

Requests for trailers - Noah Grassrope presented a written request for

a trailer, as did Rhoda Moreno. Michael Jandreau

made a motion to give the trailer not included on the BIA property list to

Rhoda Moreno, and to give the onelocated North of the BIA building to Noah

Grassrope. The motion was seconded by Debra Isburg and carried with five for,

none opposed and one absent.

44.

Letter in Regard to Land Sale - A letter was read inquiring about a

land sale signed by Wanda Estes,

Janice Larson, Ramona Taylor, Caroline Bad Horse, Bernetta Traversie and

Maria Patterson. They requested that if the Tribe does not ._inte'nd to purchase

this land to inform them of this as they do have an interested - buyer.

Michael Jandreau made a motion that the Tribe respond and inform them that

we are interested in purchasing this, and another request for an appraisal

will be made. The motion was seconded by Debra Isburg and carried with five

for and none opposed.

45.

Authorize FHA Loan Application - Since there are many requests for

land sales, as above, Michael Jandreau

suggested that the tribe begin their application to FHA for a loan for land

purchases. He then made this a motion, authorizing the Chairman to negotiate

the loan. The motion was seconded by Winona Long and carried with five for

and none opposed.

46.

Request for Medical Assistance - Winona Long presented a request from

an enrolled member, living off the

reservation, who is requesting medical assistance that was denied by the

State and County Welfare services. After discussion, Winona Long made a

motion that she be advised to contact a PHS clinic for referral. The motion

was seconded by Debra Isburg and carried with five for, none opposed and one

absent.

47.

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January 13, 1981

Regular Meeting

Miscellaneous - Winona Long presented a letter from Alvin Thompson in

regard to his land and compensation for it. The

Superintendent stated they can answer this letter and inform him that work

is being done to arrive at a solution.

48.

Report on Guffin Home - The Tribal Council took action to temporarily

license the Guffin home for foster care,

based on a personal inspection by a member of the tribe or someone designated

by the Tribe. Winona Long made the inspection and gave an oral report to

the Council. There were no questioned findings and a written report will be

submitted to the Bureau, so that the children can receive benefites they are

entitled to.

49.

Request to Hold Dance - Winona Long made a motion to grant permission to

Nathan Middletent to hold a dance this weekend,

if the deposit is paid. The motion was seconded by Michael Jandreau and

carried with five for and none opposed.

50.

Lease on Bar - The Superintendent informed the Council that the BIA

was remiss in writing up the lease on this, as it was

written for a period of ten years at a rate of $1.00. He stated he would

get a business appraisal on this and start negotiations for a new lease.

51.

52.

Adjournment - There being no further business, the Chairman entertained

a motion to adjourn. The motion was made by Debra Isburg

and seconded by Winona Long; there were no objections. (4: 50 p.m.)

CERTIFICATION

The foregoing is a true and correct transcript of the minutes of a meeting

held by the Lower Brule Sioux Tribal Council, with quorum present, on the

7th, 9th and 13th days of January, 1981.

Connle Boyd, Re~Secretary

Page 14

A Special Meeting was arranged to discuss the memorandum of

agreement or work contract between the Tribe and Water & Power

Resource Services for completion of the design and engineering

of the Grassrope Irrigation Project.

Date of Meeting - January

8, 1980

Place - United Sioux Tribes, Pierre, SD

The following personnel were present.

Tribe - Orville C. Langdeau, Chairman

Winona Long

Kay Gourneau

Garfield Grassrope

Darrell Middletent

Michael Jandreau

Connie Boyd, Secretary

R. Dennis Ickes, Attorney

Ellis Armstrong, Consultant

Ralph Wamsher, Farm Manager

Larry Mendoza, Community Planner

Bureau of Indian Affairs - Dennis L. Peterson, Asst. Area Dir.

Earl Lingor, Contracting Officer

Lowell Azure, Contract Specialist

Roger Thomas, Solicitor Office

Harold LaRoche, LBA Superintendent

Chuck O'Rourke, Range Conservationist

Water & Power Resources -

Lloyd Porter, Project Manager

Larry R. Dozier, Chief Planning Div.

Richard Demlo, Chief Adv. Planning

Water & Power Resource Services (W&PR) has named a price of

$450,000 to accomplish the design and engineering. The BIA has

appropriated $500,000 to the Tribe for this. There were a number

of questions to be answered before the Tribe would make a decision

on this. Tribal Attorney, R. Dennis Ickes, recommended Consultant

Ellis Armstrong, to review the cost/analysis used by W&PR . to ask

pertinent questions, and to make recommendations to the Tribe.

These findings will provide the best advice available for Mr. Ickes

to draft a contract to get the work completed.

Mr. Armstrong stated the main concern was in the cost comparison

of this project with what the Tribe already has in place; design

and engineering for Phase I is about one-third of what

is

proposing now. He asked their reasoning and if it was due to the

criteria for designing a 100-year-life project, if so, then what

difference would a 40-year-life make as to cost. Mr. Porter

answered that they were not familiar with Phase I and that the

100-year-life criteria is Reclamation policy for major structures.

Mr. Dozier did not have answers for the tripled cost for design.

Mr. Armstrong asked for specific comparison costs between Phase I

and what W&PR is proposing, and requested an explanation of their

Page 1

Water & Power Resource Meeting

1/8/80

design methods. Mr. Demlo of W&PR answered that he didn't

have any knowledge in regard to Phase I, but that their bidding

standards are more stringent. Mr. Armstrong requested a costanalysis to show this. Mr. Porter answered they did not know

the standards used for Phase I. Mr. Armstrong suggested that

Phase I design should be looked at in detail - it is operational and appears to be a good project.

If Reclamation standards

are so different then they should be analyzed to see if they

make sense.

Discussion was then held on getting the project authorized by

congress for the Pick-Sloan program.

The discussion then led into what recourse the Tribe would have

if W&PR did not fulfill t r eir contract agreement in a timely

fashion - would it be the same as with a private enterprise,

would there be a contract penalty? Mr. Porter answered that the

Regional Director will make a commitment on the 15 month time

frame, and that the personnel for design work are committed.

Mr. Ickes asked the BIA if there are any time constraints as to

getting the money committed by contract and Mr. Dennis Peterson

answered that this is done at the agency and should be spent

or obligated this fiscal year (at least by June 1st).

Mr. Armstrong stated that in talking to the Chairman and other

Tribal Council members, they see this as an opportunity to

demonstrate what an Indian Tribe can do, and stated this was

admirable on their part.

After further discussion, the following points were made to be

followed up:

1.

2.

3.

4.

5.

The Tribe will come back with a revised version of the

working agreement.

W&PR will check all documents with respect to Phase I and

see how that design might be used to reduce costs, and to

see what Phase I is, then present findings to the Tribe to

show why W&PR costs are so much higher.

Written opinion from BIA solicitor will be obtained

concerning the Tribe's qualifying for Pick-Sloan power.

Evaluate costs for design.

Give breakout of costs, not only for design, but show unit

costs and field costs.

Special Meeting

Lower Brule Sioux Tribal Council

A Special Meeting of the Lower Brule Sioux Tribal Council was

held at the UST office in Pierre, SD, on the 8th day of January,

1981, with those members present as listed above.

Page 2

1/8/81

Special Meeting

Mr. Ickes felt this was a very successful meeting, especially

with Mr. Armstrong present. He was convinced that W&PR will

come back with a substantial reduction of costs. They are

desperate for the work and they know they are competing with

private enterprise which gives them an incentive to do it well

and right.

For further information on the project, any individual land

owner (tribal) will be able to tie into the irrigation project

for private irrigation development. A fee schedule will be

developed for this.

Irrigation Consultant - Mr. Ickes stated the Tribe should decide

if they wished to hire Mr. Armstrong as

a consultant for the irrigation project, and if so, if Mr.

Armstrong was available and how much time could he offer the

Tribe for consultant services. Mr. Armstrong stated a consultant

would carefully evaluate each step of the project, provide follow

up for design conformity, perform periodic (monthly) monitoring.

He then stated he could take the time to perform these services.

His fees would come out of project costs. Winona Long stated she

was very impressed with Mr. Armstrong's background and knowledge

and would be infavor of retaining his services; she then made this

a motion, seconded by Darrell Middletent and carried with five

for, none opposed and one absent.

Name Change for DOR - Michael Jandreau made a motion to adopt a

resolution changing the name of the DOR

program to the Department of Wildlife Resource Management. The

motion was seconded by Kay Gourneau and carried with five for,

none opposed and one absent.

Adjournment - There being no further business, the Chairman

declared the meeting adjourned.

CERTIFICATION

The foregoing is a true and correct tran s cript of the minutes

of a Special Meeting held by the Lower Brule Sioux Tribal Council

with quorum present, on the 8th day of January, 1981.

con~~secretarY

o

Page 3

SPECIAL MEETING

Lower Brule Sioux Tribal Council

January 23, 1981

A Special Meeting of the Lower Brule Sioux Tribal Council was

held at the Tribal Office on the 23rd day of January, 1981,

and was called to order by the Chairman, Orville Langdeau,

with roll call as follows:

Present:

Orville Langdeau, Chairman

Absent: None

Winona Long

Debra Isburg

Garfield Grassrope

Darrell Middletent, arrived after roll call.

Michael B. Jandreau

Kay Gourneau

HodiJication of CHR Contract - A request for modification of the CRR

......"''_,..

contract was present to include payment

of indirect cost:"-monies. Michael Jandreau made a motion to adopt a resolution requesting the modication. The motion was seconded by Kay Gourneau and

carried with six for and none opposed.

1.

Community Development Contract Funds - A resolution is needed to submit

the contract proposal and

budget for Community Development thru IHS for eyeglasses and dentures. Kay

Gourneau made a motion to adopt a resolution for this. The motion was

seconded by Debra Isburg and carried with six for and none opposed.

2.

Selection of IAT Positions - There were two positions to be selected by

the Council. The first was Construction

Coordinator, those applying were Vincent Thompson, Jim Jandreau and Orrie

Charger. By secret ballot Vincent Thompson was selected.

3.

Those applying for employee Assistant were Curtis Hawk, Ferlin Grassrope,

Ed Shields, Elvis Grassrope, Vincent Thompson and Erwin LaRoche. By secret

ballot Erwin LaRoche was selected.

The IAT Director, Harley Mehrer informed the Council of the six employees

he had chosen from 30 applicants. Elvis Grassrope, Ed Shields, Todd Powers,

Harry Crane, Francis Stricker and Cephais Goodface. Winona Long asked if he

was aware that the Tribe intended to try to employ tribal members as first

priority. Michael Jandreau answered that the three that are not tribal

members do support members. Harley Mehrer stated that he chose the six

individuals because he knew they would work and wouldn't just put in their

eight hours and pick up a check every two weeks. Winona Long stated that if

there were any objections by the Council members of those chosen they should

state so now; there were no objections stated.

Page 1

January 23, 1981

Special Meeting

4.

Selection of Health Director - A letter was read from the Health Board

recommending that Marilyn Harmon be

selected to fill the position. Michael Jandreau made a motion to concur with

the recommendation. The motion was seconded by Kay Gourneau, but did not carry

with two for, and four opposed.

Garfield Grassrope made a motion to select Richard Thompson. The motion was

seconded by Darrell Middletent and carried with six for and none opposed.

Request to Purchase Land - Baunita Ness had requested to purchase land

described as W~NE~ Section 30, E~NE~ Section

30, 108, 76. Michael Jandreau made a motion to allow her to purchase this

land. The motion was seconded by Kay Gourneau and carried with six for and

none opposed.

5.

CDBG Program - The Chairman reported on a review of the CDBG Program

completed by the Tribal Manager. He found that the

program was approximately $26,000 over expended. Michael Jandreau asked the

status of the employees on the program and was told they would be laid off

immediately. As to the costs for materials in the CDBG program, Michael

Jandreau stated that since the homes being worked on would qualify for HIP

funding, he would make a motion to adopt a resolution to use HIP funds for

the excess costs. The motion was seconded by Debra Isburg and carried with

six for and none opposed.

6.

Andrew Estes Land Sale - The bid opening for the sale of Andrew Estes'

land is to be at 1 p.m. today. The Chairman

stated he was authorized to negotiate a loan to meet the high bid for the

purchase of the land. He suggested that a portion of the Rehab funds be used

for this to be replaced when the FHA loan is completed. Michael Jandreau

stated that, provided the proper mortgage certification and documentation is

submitted to them, he wouldmake a motion to - 1) rescind resolution to

deposit the Rehab funds in a time certificate of deposit; and 2) to broaden

the authority of the Chairman in seeking funds to purchase this land. The

motion was seconded by Darrell Middletent and carried with six for and none

opposed.

7.

Request for Small Loan - Everett Goodface presented a written request

for a loan, to be deducted from his salary.

Michael Jandreau made a motion that the request be denied. The motion was

seconded by Kay Gourneau and carried with five for, none opposed and Darrell

Middletent abstaining.

8.

Organizational Chart - An organizational chart prepared by Larry

Mendoza, Community Planner and Cy Maus, Tribal

Manager, showing the lines of authority for tribal administration and programs

was presented to the Council for approval. Michael Jandreau made a motion

to approve the chart as presented. The motion was seconded by Winona Long

and carried with six for and none opposed.

9.

Page 2

January 23, 1981

Special Meeting

Petition to Retain Day Care Director - A petition to the Council,

signed by parents and staff

of Day Care participants was presented requesting that Janet Rouillard be

retained as Director. Winona Long asked if the Council did not authorize her

to stay until someone was selected and trained, and was told yes. She then

stated that according to what the petition states, the Council has already

taken that action. Michael Jandreau stated that bascially all the parentcouncil is asking by that petition is a chance to participate in the selection

of the director and indicate thereby the quality of service they expect. He

then made a motion that prior to selection being made that the parent-council

be allowed to review applications and make a recommendation. The motion was

seconded by Kay Gourneau and carried with six for and none absent.

10.

Adjournment - There being no further business the Chairman entertained

a motion to adjourn. The motion was made by Garfield

Grassrope and seconded by Michael Jandreau; there were no objections.

11.

CERTIFICATION

The foregoing is a true and correct transcript of the minutes of a meeting

held by the Lower Brule Sioux Tribal Council, with quorum present, on the

23rd day of January, 1981.

m - "~

Connie Boyd, Recor:r;~re-tary

---f- ~

e--

\ - ~~~

Page 3

SPECIAL MEETING

Lower Brule Sioux Tribal Council

January 28, 1981

A Special Meeting of the Lower Brule Sioux Tribal Council was

held at the Tribal Council Room on the 28th day of January, 1981

and was called to order by the Chairman, with roll call as

follows:

Present:

Orville C. Langdeau, Chairman

Winona Long

Debra Isburg

Garfield Grassrope

Darrell Middletent

Michael Jandreau, arrived after roll call

Absent:

Kay Gourneau

Adopt Financial Management Policy - Mr. Cy Maus, Tribal Manager

presented a written policy for

adoption by the Council. This is a method of fiscal and administrative

control of all grants, contracts and cooperative agreements; this does not

effect the general fund expenditures. The policy provides for a control

of all expenditures. Mr. Maus also presented the forms for reporting

and purchasing. Garfield Grassrope asked if he would be hiring and firing

and if this effected Indian Preference. Mr. Maus answered no, it would

not. Winona Long made a motion to adopt a resolution approving this

policy. The motion was seconded by Debra Isburg and carried with four for,

none opposed and two absent.

1.

Tribal Management Program - Mr. Maus presented a memorandum to the

Council for approval, regarding staff

and space utilization. Because funds are available in the ANA program,

he is requesting that Don Fallis be named as Assistant Tribal Manager,

which, if accepted will mean a reshuffling of some of his responsibilities.

Debra Isburg made a motion to approve Mr. Fallis as Acting Assistant

Manager. The motion was seconded by Winona Long and carried with five for

and none opposed.

2.

- Vera Gandt came to the Council for approval of

a lease renewal on approximately 60 acres of

land (description on file with Resolution). Michael Jandreau made a motion

to approve renewal of lease to Vera Gandt. The motion was seconded by

Darrell Middletent and carried with four for, none opposed and two absent.

3.

Renewal of Lease

Page 1

January 28, 1981

Special Meeting

PPE Committee - The Bureau is requesting participation by the Tribe

in their budget process. Michael Jandreau stated that

the new members of the Council should sit on this committee so they could

get a better picture of the budget process utilized by the Bureau, so that

they can see 1) the Tribe is unable to affect the budget and 2) areas of

need can only be developed by depleting some other area. Darrell Middletent

and Garfield Grassrope volunteered to sit on the committee.

4.

RECESS - The meeting recessed for the noon hour and reconvened at 1:00 p.m.,

with the same members present.

Adult Basic Education - There are funds to conduct adult basic

education classes. Garfield Grassrope

inquired if this could be used to pay someone to teach a Lakota class.

He was told the m.oney could only be used for materials and supplies, not

salary. Various means of implementing the Lakota Class were discussed,

No definite action was taken.

5.

Miscel}aneous - Sandra Byington came to the Council co ask why she

was not considered for the LAT Secretary-Bookkeeper

position, since the IAT Director told her she was the only applicant for

the position. She was told that the position was inadvertently advertised

and should not have been, a matter of lack of communication.

6.

Election Rules - Mr. Paul Picotte had met with Debra Isburg and

Phil Byrnes to review Resolution 75-71, Election

Rules & Regulations. The document was gone over with suggested changes.

The resolution will be reprinted and returned to the Tribe for posting

for 30 days. At the end of that time, the revised version with all

deletions and additions will be presented to the Council for final

approval.

7.

Construction Coordinator Training - The Construction Coordinator

has informed the Chairman's

office of a need for training. Ted Rouillard is available for this; however there are no funds to pay him for this. It was suggested that the

coordinator take a cut in salary for a given period of time until the

training is completed. No definite action was taken, this will be discussed with the coordinator.

8.

9.

Adjournment - There being no further business, Winona Long made a

motion to adjourn, seconded by Darrell Middletent; there

were no objections.

CERTIFICATION

The foregoing is a true and correct transcript of the minutes of the meeting

held by the Lower Brule Tribal Council on the 28th day of January, 1981.

Page 2

REGULAR MEETING

Lower Brule Sioux Tribal Council

February 4 and 5, 1981

The Regular Meeting of the Lower Brule Sioux Tribal Council

was held at the Tribal Council Room on the 4th and 5th days

of February, 1981, and was called to order by the Chairman,

Orville C. Langdeau, Sr., with roll call as follows:

Present:

Orville C. Langdeau, Chairman

Absent:

Winona Long

Debra Isburg, arrived after roll call

Garfield Grassrope

Darrell Middletent

Michael Jandreau

Kay Gourneau

None

The meeting opened with the Lord's prayer, led by the Chaplain.

Education - Mr. Bill Schmidt, Agency EPA, was present to give some

information to the Tribal Council on the funding system

to be used for the coming year. If the funding system does take place as

presented, it will be very good for Lower Brule. Comments are due in by

February 20, 1981.

1.

Mr. Schmidt expressed his thanks and appreciation to the Tribe for their

help in sending the high school students to Washington for the Presidential

Classroom. He informed the Council that School Board members will be

traveling to Denver for a workshop on the 12, 13 and 14 of this month.

INMED Program - Winona Long made a motion to adopt a resolution of

support for the INMED program. The motion was seconded

by Debra Isburg and carried with six for and none opposed.

2.

Debra Isburg made a motion to designate the Health Director as our INMED

representative. The motion was seconded by Garfield Grassrope and carried

with six for and none opposed.

National Indian Food & Nutrition Training Symposium - This meeting will

be held in Las

Vegas, Nevada from March 9th to the 13th. Council members may attend if

they so desire. A letter was read from Linda Hofmann requesting to attend

this meeting; her program does not have travel included in the budget and,

if approved, will have to be taken out of the general fund. Michael Jandreau

made a motion to approve her request for travel. The motion was seconded by

Darrell Middletent and carried with six for and none opposed.

3.

Page 1

February 4, 1981

Regular Meeting

Selection of Tribal Janitor - The following submitted applications for

this position. Armond Glasford, Jean

Valandra, Bertrand Carpenter, Kayleen LaRoche, Wally Thigh, Ignacio Moreno,

Richard Langdeau, Doug Fallis, Leonard Byington, Louella Horn, Keither Goodface, Larry Eagle Star, Emmet Sawalla, Ron Rourier, Adrian Middletent, Rose

Eagle Star, Ken Madison, Percy Goodface, Earl LaRoche, James Hawk Wing and

Merle Wilson. By secret ballot, Earl LaRoche was selected, receiving three

votes, Kayleen LaRoche two and Rose Eagle Star one.

4.

Indian Preference Policy - The Tribe has been discussing an Indian

preference policy for hiring tribal

employees. Mr. Cy Maus prepared a resolution stating the policy. The

resolution was reviewed by the Tribal Council and the preference status for

qualified persons shall be as follows: 1) qualified members of the Lower

Brule Sioux Tribe; 2) Indian spouses of tribal members; 3) other Indians

(enrolled members of other federally recognized tribes).; 4) vereterans of

any branch of service, with the point system to be distributed from #1 thru

#4 as follows: 10, 5, 3 and 1.

5.

Winona Long made a motion to adopt the resolution for Indian Preference.

The motion was seconded by Darrell Middletent. On call for discussion,

Michael Jandreau stated he would like to bring out one point, that some

Indian women chose to marry non-Indians, and he asked that a category be

added for non-Indian spouses of tribal members. He stated that he wanted

these remarks to be made part of the record. On call for the vote, the

motion carried with six for and none opposed.

DOR Program - The name of this program has been changed from DOR

to the Department of Wildlife Resource Management.

DeWayne Goodface presented the hunting rules and regulations for 1981,

which include fees, tagging, seasons, limits. Winona Long stated that

too many licenses were given out for predator hunting, which caused alot

of trouble to people in the Ft. George area, with fences being cut, etc.,

There is a definite need for more patroling in that area. Dewayne Goodface

asked if any profits from the Goose Ranch operation would go back into

DOR and he was told the funds would be used to strengthen the enterprise

itself, and that DOR funds expended for the Goose Ranch were already paid

back. Mr. Goodface then asked how the Goose Ranch would be operated next

year and was told this has not yet been determined. He then stated he

would like to make the recommendation not to hire Darrell Cadwell, relating

instances when he was drunk on the job, fights between workers there and

his method of bookkeeping. There was no action taken on this.

On the

DOR secretary position, Jessie Fire Cloud should be officially notified of

her termination, and Shirley Crane notified that she is temporarily

appointed to that position until it can be advertised and a selection made.

Winona Long made a motion to have the Chairman take care of this. The motion

was seconded by Debra Isburg and carried with four for and two against,

Michael Jandreau and Kay Gourneau voting against.

6.

Page 2

February 4, 1981

Regular Meeting

Realty Business - There is a balance of $22,148.08 in the FHA land

purchase account. Some land sale requests have been

approved, it is now a matter of which ones to purchase first. Michael

Jandreau stated that one which has been pending the longest is the request

from J. Sawalla and H. Small, and they should receive first priority, then

Harold High Elk and Iva Black Bear. Andrew Estes' sale was also brought up

but the Superintendent stated he would be in this afternoon with the Realty

Officer. The motion was seconded by Kay Gourneau. The Chairman stated this

should be held up until this afternoon when Mrs. Howe could be here. Michael

Jandreau stated, as a point of order, there was a motion and second on the

floor and you can't just table action. On call for a vote, there were three

for, three against. The Chairman broke the tie voting against - stating we

should wait until we have information as to where we are right now.

7.

RECESS - The meeting recessed for the lunch hour and reconvened at 1 p.m.,

with the same members present.

Request from Head Start Director - Mrs. Madsen wrote to the Council

requesting that funds be sought for

expansion of the head start building. Michael Jandreau made a motion to

approve the request. The motion was seconded by Debra Isburg and carried

with six for and none opposed.

8.

Request for Homesite - Andrew Estes is requesting 5 acres for a homesite. This was always included in his range

unit permit and should have been separate. Michael Jandreau made a motion

to approve the request. The motion was seconded by Garfield Grassrope.

On call for discussion, Kay Gourneau stated that it should be included in

the motion that 5 acres is being granted because of the already established

buildings, outbuildings and corrals. On call for a vote the motion carried

with five for, none opposed and Debra Isburg not voting.

9.

Request to Trade Land - Jim Schaefer wrote asking the Tribe to trade

some land - the NE~ Section 13, 07, 75 and

SE~ Section 7, 107, 73, for Tribal land described as SE Section 29, 107, 75.

After discussion, Winona Long made a motion to deny the request. The motion

was seconded by Darrell Middletent and carried with six for and none opposed.

10.

Cont. of Realty Business - Mrs. Howe was present to discuss the pending

land sales. She stated she could not do

anything until resolutions were received. Winona Long made a motion to

table this until the secretary gets her the resolutions. The motion was

seconded by Debra Isburg and carried with four for, Michael Jandreau voting

against and Kay Gourneau not voting.

11.

Page 3

February 4, 1981

Regular Meeting

Request for Water Development - Bill Thompson presented a request

for funds to extend a water pipeline

to a new pasture. The Tribe does have a water development contract;

however, a questionnaire was prepared and sent out to all livestock operators

by the Bureau, to identify their needs. These will be compiled and a meeting

held after the 13th of February.

12.

Uniform Code for Appellate Court - The two other tribes, Crow Creek

Rosebud have already adopted this

code, for use in the Appellate Court system set up through an LEAA grant.

It was decided to table this until a draft resolution can be prepared by

Mr. Don Fallis. The code was reviewed by our attorney, Mr. Ickes, who

stated it was acceptable.

13.

Minutes for January - The following corrections were made to the

minutes. Winona Long asked that the amount

the attorney receives for payment be included. She also asked why in some

instances it is noted who voted against and other times it is not stated,

it should be uniform. Debra Isburg stated that in Item #24, all loans

should be included. In Item #31, Winona Long asked that the statement,

"the entire contex t will have to have grammatical correction" be taken out

as it was not necessary - this was in the minutes of December 22nd done

by C. LaRoche. Winona Long then made a motion to approve the minutes with

the above corrections. The motion was seconded by Debra Isburg and carried

with six for and none opposed.

14.

638 Grant Proposal for FY 81 - Mr. Cy Maus prepared a grant proposal

for FY 81, entitle Administrative

Assistance for the Tribal Management Program. A resolution is needed to

submit the proposal. Michael Jandreau made a motion to adopt a resolution

supporting the proposal. The motion was seconded by Winona and carried

with six for and none opposed.

15.

Request for Loan - Dale Middletent presented a request to the Tribe

for a loan in the amount of his income tax return,

since he will be in the service by the time his check arrives. He is

willing to sign a power of attorney and a statement to have his check sent

to the Tribal Office. Michael Jandreau made a motion to approve the

request for the loan. The motion was seconded by Kay Gourneau and carried

with five for and Darrell Middletent opposed.

16.

17.

_

.T~r~i~b~a~I~C~o~u.~r~t~S~y~s~t~e==sm= -

Winona Long stated that in regard to Rose

McCauley's request, she would make a motion to

appoint her chief judge on a temporary basis and that the position be

advertised for 30 days. Michael Jandreau requested an Executive Session

at this time.

Page 4

February 4, 1981

Regular Meetin g

Miscellaneous - After the Ex ecutive Session, it was decided to reconvene

on February 5, 1981, to take up the matter of the

Tribal Court System .

18.

Michael Jandreau made a motion to approve the salary rates for Elaine

Thompson and Vincent Thompson as suggested by Harley Mehrer. The motion was

seconded by Darrell Middletent and carried with six for and none opposed.

Two other letters were read, from Indian Action Director, Harley Mehrer, the

first being the termination of Ed Shields and the second appointing Ted

McCauley to the program.

Janice Larson requested that the bill for plex i-glass she received be paid

for with CDBG funds. The bill was for $33 . 60 . Michael Jandreau made a

motion to appr ove payment. The motion was seconded by Debra Isburg and

carried with six for and none opposed.

A letter signed by hi gh school students was reviewed . They are requesting

a youth center for recreation . Michael Jandreau made a motion to authroize

Darrell Middletent to look into this . The motion was seconded by Winona and

carried with six for and none opposed .

RECESS - The Chairman then declared a recess to 1:00 p.m. on February 5, 1981.

The meeting reconvened with the same members present .

Cont. of Tribal Court System - After the meeting reconvened, the Chairman stated there was a motion on the

floor. Winona Long said, in regard to the previous discussion with Jim

Iosty and his statement that, in his estimation, the court system was working, she wished to present testimony from Sharon Schaefer; this was

information she had before she was elected to the Council.

19.

The following is a summary of Mrs . Schaefer's statement. She related

incidents of harrassment by Indian to ber mother-in-law, and one in which

her husband was present and followed the people to Lower Brule. The Lower

Brule police department was called and the individuals were apprehended with

things supposedly stolen from Schaefer's pickup in their possession. She

gave a detailed explanation of the way Mr. Iosty handled the complaints and

the court proceedings, stating that Mr . Iosty acted as a defense attorney

instead of a judge . She then gave information on the results, that they were

only charged with $5 court costs, one spent a week in jail on work release,

and one woman was released to take care of children; there was no reimbursement to Schaefer's. In the estimation of Mrs. Schaefer, this type of action

costs the court system a great deal of respect, that police officers stated

they didn't pick people up because of the way Mr. Iosty handled things,

nothing is done and causes a great deal of injustice.

Winona Long stated her motion still stands. The motion was seconded by

Garfield Grassrope . On call for discussion, Michael Jandreau stated he wished

to remind the Council of the report presented to them yesterday which

contained serious allegations . At this time he wished to know whether the

Council members read the report, and if so, and if this action stands, he

requests that the report be contained in the record of the minutes. He

Page 5

February 5, 1981

Regular Meeting

continued that the allegations are serious enough to bear hearing. He

stated that the Tribal Council is making a motion and second even with the

knowledge contained in the report and wishes this put very clearly in the

record. Winona Long asked if he wanted the typed report in the minutes and

Mr. Jandreau answered yes. She then stated that she did not go over the

report. Michael Jandreau stated if she wanted to proceed with action, then

he wanted this as part of minutes. The Chairman stated he did read the

report and said it contained very serious charges. Michael Jandreau answered

he realized this and due to the seriousness of the report it should merit

some credibility and should be discussed. The Chairman stated the individual's

rights may be violated, she hasn't received a copy of this. Mr. Jandreau

answered she did see the report. Debra Isburg asked if the report was made

part of the minutes, then Mrs. McCauley's response should be alsp; Mr.

Jandreau agreed. Winona Long stated that when Mr. Iosty presented the

report he asked that it be held in confidence, if it is made part of minutes,

it will be a violation of the privacy act, names are mentioned. Michael

Jandreau stated not necessarily, once this was submitted to the Chairman as

a report on the status of the court system, it became public record subject

to review by the Tribe. He continued stating he wanted to further clarify

his intent. "Ifeel that the action that is before us is one that, because

we have been provided with information that we have, and do not investigate

to the best of our ability these charges that have been made, we are in fact

ignoring them and then we are violating our oath of office and our

responsibility as council members. I realize commitments have been made

politically that affect our judgement. Again, as I said yesterday and reiterate today, my position is not, and should be be viewed as, one of upholding Jim Iosty as Judge, my position is, and I want it clearly understood,

to do the right thing." He continued quoting from a council member's

campaign letter in regard to the rights of people. With that in mind, he

stated this action would be a great disbonor to the members of this Tribe.

The Chairman then asked if there were any other questions or comments; there

were none. On call for vote, the motion carried with three for, two opposed

(Michael Jandreau and Kay Gourneau and one not voting (Darrell Middletent).

Request for Inspection for Home Repair - Carl Johnson wrote to the

Council asking for an

inspection of his house for major repairs through the HIP program. Winona

Long asked if this required Council action and the Chairman answered yes,

due to the fact that we do not have any committees established yet. Winona

Long made a motion to grant the request. The motion was seconded by Darrell

Middletent and carried with five for, none opposed and Michael Jandreau not

voting.

20.

Request for Retroactive Pay - A letter was read from Velma Langdeau

requesting that she receive retroactive

pay in the amount of $1.56/hour for 280 hours from the Commodity program.

While she was employed, she received $3.10 and the new contract is for

$4.66}hour. Winona Long stated according to the letter she is asking for

the same salary that Marilyn Harmon is receiving. She then made a motion

to grant the request. The motion was seconded by Debra Isburg. On call

21.

Page 6

February 5, 1981

Regular Meeting

for discussion Michael Jandreau stated, for the record, he was not aware of

the fact that the raise in salary went back to the initial period of Mrs.

Langdeau's appointment as zcting commodity supervisor, and if it is not,

this action will deprive the program of funds and will deplete its obligation

as per contract. On call for a vote, the motion carried with four for, none

opposed and two abstaining (Kay Gourneau and Michael Jandreau).

Request for Retroactive Pay - Cheryll LaRoche wrote a letter to the

Council in which she requested a salary

rate comparable to $14,000 a year for the hours she worked as private

secretary to the Chairman, this would be for 100 hours. She was called into

the meeting and asked if she was requesting this over and above what she

already has been paid. She answered yes, but would accept the difference

if that was what the Council approved. The difference would $2.03/hour.

The money would have to corne out of the general fund. Darrell Middlgent

made a motion to grant the request. The motion was seconded by Garfield

Grassrope and carried with four for, none opposed and two abstaining (Kay

Gourneau and Michael Jandreau).

22.

Grassrope Project - The Chairman informed the Council that there may be

a need to hold a meeting with Lloyd Benjamin in

McCook, to discuss whether or not the contract with them is still binding.

Mr. Armstrong and the Tribal Attorney, Mr. Ickes would meet with us. He

stated he had requested Michael Jandreau and Bill Thompson to attend also.

At this time Michael Jandreau stated he respectfully declines. Others

attending the meeting will be Ralph Wamsher, Dennis Peterson, Lowell Azure

and Harold LaRoche. The meeting will be Tuesday 2/10/81.

23.

Uniform Code for Appellate Court - Mr. Don Fallis read a draft of a

resolution prepared to approve

the Uniform Code for the Appellate Court System. Debra Isburg made a motion

to adopt a resolution to approve the Code. The motion was seconded by

Garfield Grassrope and carried with five for, none opposed and one absent.

24.

Personnel Complaints - The administrative staff from the Tribal

finance office asked for time before the

Council. They wanted clarification on who they had to answer to, as when

they left the office they were questioned by the Commodity Supervisor if

they had taken leave to pick up their commodities. They had told her they

answered to Mr. Mendoza . They did not feel it was fair that other people

were keeping tract of their time. Another matter was the memorandum that

came out from the Day Care Center, in regard to the hours for child care;

they stated they could not be their right at 4:30 to pick up their

children, but if they aren't they are going to be charged extra. General

discussion was then held on some problems with the center. Michael Jandreau

stated they should utilize the Parents Advisory Committee to alleviate some

of the problems.

25.

Page 7

February 5, 1981

Regular Meeting

Payment for General Counsel - The Superintendent stated a memorandum

was sent out in regard to payment for

general counsel. There is an over-run in the 1980 expenditures under this

contract and the Tribe will have to pass a resolution increasing the

contract limitation. Debra Isburg made a motion to adopt this resolution.

The motion was seconded by Garfield Grassrope and carried with six for and

none opposed.

26.

The second resolution is needed to authorize the Chairman to approve

two invoices from the general counsel upon receipt. Winona Long made a motion

to this effect, seconded by Debra Isburg and carried with six for and none

opposed.

Cont. of Hunting Rules & Regulations - Winona Long asked why the upland

game season does not coincide

with the of the State. She was told that this generates income for the Tribe,

as we get more hunters. There were no changes or additions. Michael Jandreau

stated there was one change noted, that the regulations were different in

that one was written for Tribal Members only and the other for non-Indians;

in the past it was adopted by the resolution to have two sets of regulations

one for Tribal Members and Resident Indians and one for Non-Indians. Michael

Jandreau made a motion that this not be changed, that we have regulations for

tribal members and resident Indians, and one for non-Indians. The motion was

seconded by Garfield Grassrope and carried with five for, none opposed and

Garfield Grassrope not voting.

27.

Adjournment - There being no further business, the Chairman entertained

a motion to adjourn. The motion was made by Winona Long

and seconded by Debra Isburg; there were no objections.

28.

CERTIFICATION

The foregoing is a true and correct transcript of the minutes of a meeting

held by the Lower Brule Sioux Tribal Council with quorum present, on the

4th and 5th days of February, 1981.

Connie Boyd, Recording Secretary

Page 8

REGULAR MEETING

Lower Brule Sioux Tribal Council

March 4, 5 and 6, 1981

Present:

Orville C. Langdeau, Chairman

Winona Long

Debra Isburg

Garfield Grassrope

Darrell Middletent

Michael B. Jandreau

Kay Gourneau

Absent:

None

The meeting opened with the Lord's prayer, led by the Chaplain.

Education - Dan Shroyer, Acting Superintendent and Gib Rogers were

present with high school students, Ben Janis and Shawn

Sampson who participated in the Presidential Classroom. Mr. Shroyer asked

Mr. Rogers to give the background on the selection. It was done on a

competitive basis; they had to write an essay stating why they would like

to attend and what they would gain from it. The judges were Mr. Schmidt,

Ron Wright and Miss Harms. Mr. Rogers stated these students did a good

job in representing Lower Brule at the Presidential Classroom. Ben and

Shawn then gave their report, they attended classes from 8:30 a.m. to

9 p.m., and were given tours of national monuments and federal buildings.

They both thanked the Council for their assistance and for the opportunity

to make the trip and attend the Presidential Classroom.

1.

Mr. John Bradbury then gave a report on the residence program at the high

school. He is part of the staff from St. Joseph's who have contracted to

administer the residence program. Their main purpose was to help people

get an education, to teach students responsibility so they can be

independent adults. There are two cottages and the program now has ten

involved, but they hope to have 20 the coming year. The staff is also

interested in getting involved with the Community and community activities.

Michael Jandreau stated, in relationship to this education program, based

on their trial year, and after hearing the report from Mr. Bradbury and

knowing their capability to run the program and utilize the cottages, he

would make a motion to adopt a resolution to re-enter the agreement for

at least two years to allow St. Joseph's to provide the staff and

administration needed. The motion was seconded by Garfield Grassrope and

carried with si x for and none opposed.

Tribal Accounting System - Based on an assessment done by the Tribal

Manager, and his recommendation which the

Tribal Council reviewed, the financial office will be changed to more

completely centralize the tribe's accounting system. He proposed that an

accountant be hired with the funds used to retain the services of J. Noonan.

2.

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March 4, 1981

Regular Meeting

He proposed that the office consist of an Accountant, Junior Accountant,

Accounts Receivable Clerk, Payroll Clerk, Accounts Payable Clerk, General

Bookkeeper and a Clerk-Typist. The five people now in the finance office

will be re-assessed to be placed in anyone of the above positions, except

for the Accountant - this position will be advertised. Kay Gourneau stated

this was a very good recommendation and made a motion to adopt a resolution

to approve this. The motion was seconded by Winona Long and carried with

six for and none opposed.

3.

Special Meeting for Reviewing Systems - The Tribal Manager presented

two policy system changes for

review. The CETA Selection Criteria, which could be used as a model for

making selections for all tribal positions. The Property Management System

was also presented. It was suggested that this should include an acquisition policy also. It was decided to table these items until the 18th, when

a special meeing will be held.

Grassrope Engineering Contract - The Tribe has been allocated $500,000

for the design and engineering of

the Grassrope Irrigation Project. A draft resolution was developed at the

recommendation of the Chairman and the Attorney to secure the funds under a

638 contract. Michael Jandreau made a motion to adopt the resolution to

contract the Grassrope Engineering project, with the understanding that the

budget can be modified at any time. The motion was seconded by Kay Gourneau

and carried with four for, one opposed (Winona Long) and one not voting

(Debra Isburg).

4.

Workmen's Compensation Rate - By memorandum all tribal programs were

assessed an across-the-board rate to

cover the cost of Workmen's compensation insurance. The Tribal manager

recommended that this memorandum be rescinded and that the charge be made

according to recommended rates as established by federal guidelines. Kay

Gourneau made a motion to concur with the recommendation of the Tribal

manager and to rescind the memorandum to bring the rates into compliance

with federal regulations. The motion was seconded by Darrell Middletent

and carried with six for and none opposed.

5.

6.

Administration of Commodity Program - Through a change in regulations

the Tribe is eligible to directly

administer the commodity program.

The Tribal Manager recommended against

the Tribe doing this. Winona Long made a motion the Tribe do not seek

direct administration of the commodity program. The motion was seconded by

Michael Jandreau and carried with six for and none opposed.

Election Ordinance - The revised Election Ordinance was posted for

public comment the required length of time. It

is now presented for Council Action. During the course of the discussion,

7.

Page 2

March 4, 1981

Regular Meeting

individual points made were the necessity of poll watchers, whether the

term dishonesty with money and/or convision of a felony should be separated

and it was the Council's opinion that it should be specifically spelled

out. There was an unsigned written inquiry in regard to dishonorable

discharges, whether they should be able to run for Council - it was then

questioned whether an unsigned document can be accepted and acknowledged.

It should be considered a public document but doesn't change anything.

All these questions should go to the Election Board; Judge Wood stated he

would be happy to work with the Election Board on this. It was suggested

by Paul Picotte that the Council name a Constitution Review Committee, so

that any questions or changes could be made by the time of the next election.

--".~(,

Garfield Grassrope made a motion that the Election Board define the 1:erm"-..,cl

dishonesty with money and the difference between that and the term felony. '

The motion was seconded by Michael Jandreau and carried with six for and

none opposed.

--"C--

The Chairman requested that the Constitution Review Committee be established.

Michael Jandreau, Garfield Grassrope and Winona Long agreed to sit on the

committee.

~~--

Michael Jandreau made a motion to adopt a resolution accepting the Election

Ordinance, with the changes noted. The motion was seconded by Garfield

Grassrope and carried with six for and none opposed.

RECESS - The meeting recessed for the noon hour and reconvened at 1:30 p.m.

with the same members present.

8.

P.I.L.C. - Mrs. Grace Estes was present to discuss the Pierre Indian

Learning Center. She first of all congratulated the

Council members. She stated that the school cannot operate without the full

approval of the Tribes in three states. She was appointed as the representative from Lower Brule and has served for approximately 8 years. She stated

that the administration of the school is not going according to the original

plans, so therefore, she is not requesting that Lower Brule support the

school. She presented some documents to the Council and requested that they

make their decision from that. Michael Jandreau asked, if the problems were

solved at the PILC if she would reconsider and be a representative. Mrs.

Estes answered, for personal reasons, no.

Modification of Water Development Contract - The Tribe was allocated

$50,000 in drought funds

for water development. Initially, this could not be used for stock dams,

however, the regulations have changed. Also, Winona Long and Michael

Jandreau served on the committee with BlA officials to distribute the

funds according to the needs criteria established by the livestock operators

who returned their needs assessment.

Mrs. Long stated that, according

to the rquests and the amount of the allocation, they were very lucky in

that they only exceeded the total amount of the contract by $75 and yet

satisfied everyone who replied. Kay Gourneau made a motion to adopt a

resolution to request a modification of the contract to include stock dams

9.

Page 3

Regular Meeting

March 4, 1981

and that the Council go by the recommendations made by the committee to

expend the contract funds. The motion was seconded by Debra Isburg and

carried with six for and none opposed.

10.

Expansion of Lagoon - Mr. Ted Rouillard, lAP Director, came to the

Council to get approval for expansion of the

present lagoon. IRS has been in contact with Mr. Rouillard. The present

system is inadequate to serve the number of houses in the community. The

decision to be made is whether the Tribe wants another lagoon built or would

they approve building a holding pond for the purposes of a spray irrigation

system; IRS does have funds for this and is interested in constructing a

combined project to enlarge the lagoon and at the same time provide an

irrigation sprinkler system. Darrell Middletent made a motion to adopt a

resolution to request IRS fund the combined system to enlarge the lagoon.

The motion was seconded by Kay Gourneau and carried with six for and none

opposed.

Judges for Appellate Court - The Tribe is to appoint a judge and

alternate for the Appellate Court,

however, this wouldn't go into effect until the code is accepted and this

action would be premature. Kay Gourneau suggested that this be tabled for

more information and that the committee recommend individuals for these

positions.

11.

12.

Community Center - Garfield Grassrope requested that the Council

consider establishing a community center. The

original Neighborhood Center now houses the tribal office and the gym.

Winona made a motion that the old chemistry room be used as a community

center until other arrangements can be made . The motion was seconded by

Darrell Middletent and carried with six for and none opposed.

13.

Bank Note for Day Care Weatherization Project - The Tribe previously

authorized a loan

for this program; however, the time period needs to be extended until

program funds are received. Michael Jandreau made a motion to adopt a

resolution to extend the loan period . The motion was seconded by Winona

Long and carried with six for and none opposed.

Lawrence Thompson Farm Lease - The lease held by Lawrence Thompson

on some farm ground in the Ft. Rale

area has not been paid. Mr. Thompson was present to request that he be

given time to pay the lease and maintain possession of the lease. The

Chairman pointed out that the Council took action that. if something like

this came up, it was understood that the Bureau of Indian Affairs is charged

with upholding lease stipulations and regulations and should be handled

between them and the lessor. The Superintendent stated he was issued a

letter of warning and that is as far as they can go, they have no other

alternative but to cancel the lease. The Chairman asked if the Council

14.

Page 4

Regular Meeting

March 4, 1981

wished to take any action at this time.

was called.

At this time an Executive Session

Discussion. on Health Board - It was requested that a discussion be held

on the Health Board. Members of the Board

were called to be present during the discussion. The Chairman stated there

is some concern as to the purpose of the Health Board, and there may be other

concerns which he is not aware of; by having the Board present, it would be

one way of clarifying these concerns. He further stated, that personally he

thought there was a considerable amount of misinformation on the part of some,

at times it may be personal feelings involved that shouldn't be there. He

stated getting together for this discussion would be good, then all could go

forward and serve the Tribe in its best interest. There are definite health

needs on the reservation and he felt that the Board has been trying to address

these needs. Debra Isburg stated one of the questions was the membership~

and how people became members, what the guidelines were. Marilyn Harmon

stated Bessie Estes was one of the first members on the board, and notices were

posted to solicit anyone being interested in serving on the board. There was

further discussion on the membership, the number of people on the board and

the membership of the Executive Committee of the board. Debra Isburg asked,

when the contract comes up for renewal if the guidelines of the health board

had to be approved and she was told yes. There was further discussion on

general health board matters.

15.

The Council then went into Executive Session.

At the close of the executive session, Winona Long made a motion that the

Council accept recommendations only from the Executive Committee of the Health

Board, that any travel done by members of the health board must be approved

by the Health Director. The motion was seconded by Garfield Grassrope and

carried with six for and none opposed.

RECESS - The meeting recessed for the evening and reconvened on the 5th day

of March, 1981.

March 5, 1981

The same members were present as on the 4th; Winona Long arriving after roll

call.

Housing Board - Garfield Grassrope stated many people, besides his

relatives, talked to him about Council members serving

on the housing board and that the same members have been on the board for a

long time. Michael Jandreau then explained the ordinance establishing the

housing board and how members are appointed, by the Council, with staggered

terms so that every year or so, re-appointments have to be made. Members

can be removed for cause, and a process has been established for this. Mr.

Jandreau stated that the whole problem may be one of personalities, or it may

be a real factor in requesting removal of a board member or the entire board.

If the Council decides to remove a board member, Michael Jandreau requested

that there be submitted to the Council established reasoning for this action

and that it not be just an arbitrary and/or capricious act. The ordinance

16.

Page 5

March 5, 1981

Regular Meeting

establishing the board does not preclude Council members from serving on

the board. The guidelines formulating the housing authority board were

developed by HUD. The Cheyenne River Tribal Council took action to remove

their housing board and HUD reversed this action because adequate process was

not used. Mr. Jandreau stated this information was not for his protection

and he wanted that understood. if there are legitiate reasons they are

welcome, but they should be part of the Council's action. The allocation

made to Lower Brule for 34 more houses is contingent upon collecting back

rent and we stand to lose those houses if some attempt is not made to

collect this rent. As a member of the board, it is his experience that those

who scream the loudest are the ones who owe the most. The Chairman concurred

with the information about the housing allocation, adding that the Lower

Brule Housing Authority amount is minimal compared to other reservations.

Discussion continued as to the special problems Indians have on the reservation. Mr. Grassrope stated that the people in HUD do not understand these

things that happen on the reservation. You cannot pressure people who are

alcoholics. He then stated that a Council member being on the board is a

conflict of interest. Mr. Jandreau disagreed stating it is only an extension

of their council responsibilities. Mr. Grassrope answered that the Council

is the last thing the people have to turn to. Debra Isburg said the process

of appointment is in question, as the last time board members were appointed

it was two people from the Council, someone else whould be given a chance to

learn.

She was told that the terms of the present board members are listed

at the housing office, and that in the process of appointing, interested

parties submit their names to serve on the board; this last time only two

people submitted their names. Mr. Grassrope stated if Council members serve

on the board, they should not be able to vote, but only serve in an advisory

capacity, because it is said the position is used for political reasons; the

people want some of this back, they want to do it themselves. Debra Isburg

agreed that they should be given an opportunity to learn. Michael Jandreau

stated he strongly disagreed; however, if this is directed specially toward

him and if they are asking for his resignation then they should make it a

Council action. Garfield Grassrope again stated that HUD people do not know

about people on the reservation. Mr. Jandreau answered that this decision

would be simple, if the Tribe wants more houses then they will have to follow

HUD guidelines, if they don't want to participate then fine, they just have

to take that action. Mr. Jandreau stated that if it is the feeling of those

present that his position on the board has jeopardized "the people" and their

ability to get fair services, then he again requested that the Council take

such action to request his resignation. The Chairman stated that this is a

matter of individual feelings, alot of peple do resent this, but a greater

number appreciate the fact that Council members show enough interest to get

involved in doing a job. Garfield Grassrope disagreed saying this was a

form of dictating. Mr. Grassrope then made a motion that no Council members

be allowed to serve on any board. The Chairman asked for a definition on

this, if it meant things like the Election Board, Constitution Review board,

etc., and Mr. Grassrope answered yes, this was included. The motion was

seconded by Debra Isburg. On call for discusison, Michael Jandreau stated

that if the Council passed this action, it would be in direct violation of

the Council's oath of office, and his responsibilities as to the Constitution of the Tribe, and is an outright conflict of the management practices

the Tribe has undertaken, some just recently, and this action will supercede

all action taken by previous Councils and this Council itself; he wished

this very clearly stated.

Page 6

March 5, 1981

Regular Meeting

The Chairman asked Mr. Grassrope if he was fully aware of the action of his

motion. He stated he would like it clarified. Mr. Jandreau answered that

the motion and second, if passed, wipes out all established management

practices and responsibilities of the Council as set out in the Constitution,

but it was his duty as the maker of the motion to clarify what he meant by

the action. Mr. Grassrope answered that the Council has responsibliities

here, and the other people should be responsible for their programs, the

Council shouldn't go over their and dictate what to do, past Councils did

this. Michael Jandreau stated this Council already taking dictatorial

action by absorbing the responsibility of contracts, you assumed the

responisilbities for them. At this time. Winona Long requested an Executive

Session.

After the Executive Session, Garfield Grassrope withdrew his motion and

Debraa Isburg withdrew her second.

RECESS - The meeting recessed for the noon hour and reconvened at 1:00 p.m.,

with the same members present, Michael Jandreau arriving late.

General Meeting - Garfield Grassrope stated the people have been requesting a general meeting and made a motion that one be

scheduled tentatively for March 31st. The motion was seconded by Winona Long

and carried with five for, none opposed and one absent.

17.

(Cont. of Item #16) Winona Long made a motion in regard to the Housing

Board, that in the best interests of the Tribe and all concerned members,

and knowing that Mr. Jandreau has contributed alot to the Board and did

this to the best of his ability, would be to ask for his resignation that he

has offered to comply with Council wishes and at this time would like to

thank him for being on the Board. The motion was seconded by Garfield

Grassrope and carried with four for, Kay Gourneau opposed and Michael

Jandreau not voting.

Michael Jandreau stated he hereby submitted his resignation as Chairman of

the Housing Board but requested, however, that a selection be done after a

30 day period of posting to solicit names of interested parties. He asked

that this be included in the motion and second. All agreed.

18.

Request for Easement - Michael Jandreau made a motion to grant an

easement to Earl Christensens to cross Tribal

land for the purpose of placing a pipeline for irrigation. The motion was

seconded by Winona Long and carried with six for and none opposed.

Change in Land Classification - The Tribe granted a farm lease to

Fritz LaRoche. He is requesting that

this land be classified as all pasture/grassland and not farm. Michael

Jandreau made a motion to change the land classification, as requested, and

to concur with the rate change also. The motion was seconded by Winona Long

and carried with six for and none opposed.

19.

Page 7

March 5, 1981

Regular Meeting

Purchase of Mineral Rights - Kay Gourneau made a motion to approve

purchase of mineral rights, as requested

by Mae Jennessee in the amount of $39.46. The motion was seconded by

Garfield Grassrope and carried with six for and none opposed. The Agency

office will be requested to clarify whether or not the Tribe has a standing

resolution for purchase of mineral rights.

20.

Lease of Clarke Ranch Farm Land - Kay Gourneau made a motion to approve

a lease to the Lower Brule Farm

Corporation of all farm land in the Clarke Ranch acquisition, and that the

lease be made retroactive to include the past season. The motion was seconded

by Darrell Middletent and carried with six for and none opposed.

21.

Consolidation of Leases - It was recommended, for the purposes of

management, that the various leases held

by J. W. Thompson be consolidated into one farm/pasture lease. Kay Gourneau

made a motion to approve that this be done. The motion was seconded by

Michael Jandreau and carried with six for and none opposed.

22.

Realty Business - Winona Long made a motion to purchase land from

Harold High Elk and Lonnie Goodlow, contingent

upon the availability of funds. The motion was seconded by Michael Jandreau

and carried with six for and none opposed. Michael Jandreau then made a

motion to table all other Realty Business (request appraisals, etc.,)

until a later date. The motion was seconded by Winona Long and carried

with six for and none opposed.

23.

Miscellaneous - Mrs. Mary Buck came before the Council to make a

report. She stated that Mr. Grassrope, her nephew,

made alot of promises to the Indian for their support and now he won't

even notice her. She also reported that Roy Griffith refuses to give her

any help at all. She also reported on other problems she has in the

community, as with the CHRIs who do not help her. She stated that the

elderly should be taken care of and respected. Winona Long asked if there

was any action the Council could take in regard to her financial problem.

Mrs. Buck also stated that no one would haul wood for her so Dean Jandreau

did and she would like to see him get paid. It was the Council's decision

that the Chairman work with Mrs. Buck on her requests.

24.

Indian Action Director Position - There was only one application for

the position, from Ted Rouillard.

Winona Long made a motion to select Mr. Rouillard as the lAP Director. The

motion was seconded by Darrell Middletent and carried with five for, none

opposed and Kay Gourneau absent.

25.

The Chairman stated that, as lAP director, Mr. Rouillard was making other

requests: 1) Need of IAP committee. 2) Status of opening the gravel pit

on Noah's land.

3) Control of hiring and terminating to coordinate with

construction - he would document this on a monthly basis to keep the Council

informed. Debra Isburg made a motion to authorize the Director to look into

Page 8

March 5, 1981

Regular Meeting

the status of the gravel pit, to authorize him to hire and terminate with

documentation, and to appoint Darrell Middletent and Garfield Grassrope

as the lAP Committee. The motion was seconded by Winona Long and carried

with six for and none opposed.

Selection of Positions - Michael Jandreau made a motion that the

three positions for the health programs

go back through the executive health board for recommendations. The

motion was seconded by Winona Long and carried with six for and none

opposed.

26.

Secretary for Dept. of Wildlife Management: The following submitted

applications for this position - Shirley Crane, Sharon Brown, Sandra

Byington, Karil Harmon, Louella Horn, Phyllis Wright, Effie Black Bear,

Elaine Thompson, and Geraldine Estes. The recommendation from the

director, Mr. Goodface, was to select Shirley Crane. Michael Jandreau

made a motion to concur with the recommendation of the director. The

motion was seconded by Darrell Middletent and carried with six for and

none opposed.

Energy Conservation Officer: The following submitted applications for

this position - Brenda Estes, George Welch, Orrie Charger, Kate Brown,

Lois Fallis, Crystal Estes, Everett Wilson and Vincent Thompson. By secret

ballot Brenda Estes was selected, receiving five votes and Everett Wilson

receiving one.

Intern Planner: The following submitted applications for this position Armond Glasford, Doug Fallis, Gary Estes, Ron Pourier. By secret ballot,

each of the following received two votes, Armond Glasford, Gary Estes,

Ron Pourier. The Chairman declined to break the tie and asked that they

re-vote. On the second ballot, Ron Pourier was selected receiving three

votes, Gary Estes, one and Armond Glasford two. Michael Jandreau made a

motion that the other two be named as alternate in voter succession. The

motion was seconded by Garfield Grassrope and carried with five for, none

opposed and Debra Isburg not voting.

Miscellaneous - Mrs. Annie Flute came to the Council to report that

she had applied for a house on her homesite but was

told that their income was too low for an ownership home. She also reported on a police-related incident in which a complaint was filed but nothing was done. The Chairman stated he would check on these things for

her. She also asked that an electrician be hired to check out her house.

She was told someone would be sent up there to check this out.

27.

Department of Wildlife Management - DeWayne Goodface came to the

Council for authorization to

utilize funds from the sale of buffalo for fencing, in conjunction with

some funds in natural resources in the Bureau. Michael Jandreau stated

that some fencing materials are available if adequate work is done to

recover them, and that the Tribe has some materials available also. He

stated that before the Council acts on this request the Director should

28.

Page 9

March 5, 1981

Regular Meeting

the status of the gravel pit, to authorize him to hire and terminate with

documentation, and to appoint Darrell Middletent and Garfield Grassrope

as the lAP committee. The motion was seconded by Winona Long and carried

with six for and none opposed.

Selection of Positions - Michael Jandreau made a motion that the

three positions for the health programs

go back through the executive health board for recommendations. The

motion was seconded by Winona Long and carried with six for and none

opposed.

26.

Secretary for Dept. of Wildlife Management: The following submitted

applications for this position - Shirley Crane, Sharon Brown, Sandra

Byington, Karil Harmon, Louella Horn, Phyllis Wright, Effie Black Bear,

Elaine Thompson, and Geraldine Estes. The recommendation from the

director, Mr. Goodface, was to select Shirley Crane. Michael Jandreau

made a motion to concur with the recommendation of the director. The

motion was seconded by Darrell Middletent and carried with six for and

none opposed.

Energy Conservation Officer: The following submitted applications for

this position - Brenda Estes, George Welch, Orrie Charger, Kate Brown,

Lois Fallis, Crystal Estes, Everett Wilson and Vincent Thompson. By secret

ballot Brenda Estes was selected, receiving five votes and Everett Wilson

receiving one.

Intern Planner: The following submitted applications for this position Armond Glasford, Doug Fallis, Gary Estes, Ron Pourier. By secret ballot,

each of the following received two votes, Armond Glasford, Gary Estes,

Ron Pourier. The Chairman declined to break the tie and asked that they

re-vote. On the s ~ d ballot, Ron Pouri ~ ~as selected receiving three

votes, Gary Estes~ and Armond Glasford~.

Michael Jandreau made a

motion that the other two be named as alternates in voter succession. The

motion was seconded by Garfield Grassrope and carried with five for, none

opposed and Debra Isburg not voting.

27.

Miscellaneous - Mrs. Annie Flute came to the Council to report that

she had applied for a house on her homesite but was

told that their income was too low for an ownership home. She also reported

on a police-related incident in which a complaint was filed but nothing was

done. The Chairman stated he would check on these things for her. She

also asked that an electrician be hired to check out her house. She was

told someone would be sent up there to check this out.

Department of Wildlife Management - DeWayne Goodface came to the

Council for authorization to

utilize funds from the sale of buffalo for fencing, in conjunction with

some funds in natural resources in the Bureau. Michael Jandreau stated

that some fen

This text is long and has been trimmed here. Open the source document for the complete record.