Ho-Chunk Nation General Council Branch

07/31/2022

Once again, a hastily called meeting was destined to fail. All that time and money for just a $150 payout to each registered member that showed up. Let's all pat ourselves on the back while our voices go unheard, AGAIN.

05/28/2022

Here we go again! Let's all try to show up this time so it's not another waste of almost half a million dollars.

02/18/2022

We all know why most of us were motivated to attend($$$), but with 2 failed General Council Meetings costing our people hundreds of thousands of dollars from our own pocket, we should hear from the voting members that couldn't make it and why? (Please be civil, rude and offensive comments will not be tolerated).

05/28/2019

I was asked to share this.

03/22/2019

President Cleveland has set the date for General Council 2019.

03/20/2019

For those of you asking why the General Council Meeting cannot be held at HCG-WD. This is the Maximum Occupant Load for the Upper and Lower Dells Ballrooms provided by the Delton Fire Department in 2016.

According to this report we would be able to accommodate 1,753 tribal members in a modified classroom / theater set-up. When we plan for the GC meeting, we take into account the Elder's needs and provide them with a table setting instead of just a seat.

Even if the ballroom was set-up for theater style, capacity would be 1,911, Registration for this event is over 2000 and has been for many years.

If the meeting is held in the Wisconsin Dells area, the attendance I am anticipating would be at least 2300-2500. The last year that the meeting was held at HCG-WD, there weren't enough chairs for all the persons in attendance. The escalator broke down and there are only 2 elevators available for Elder's to utilize.

GENERAL COUNCIL ATTENDANCE BY YEAR

2018: K.I. GREEN BAY WI = 1724
2017: ALLIANT CENTER MADISON WI = 2169
2016: ALLIANT CENTER MADISON WI = 2089
2015: ALLIANT CENTER MADISON WI = 2895

10/18/2018

10/17/2018

AFTER GENERAL COUNCIL 2018 REPORT:

Tuesday, October 16th, 2018, General Council Advocate, Joy Thompson-Bonanno attended an informal meeting with members of the Legislature and Office of the President (OOP).

Those in attendance;

OOP: President Cleveland and John Stacy, (Attorney General Amanda White Eagle attended by telephone).

Legislature: Karena Thundercloud, Hinu Smith, Andrea Estebo, Kathyeen Lonetree Whiterabbit, Forrest Whiterabbit, Larry Walker, Shelby Visintin, Legislative Attorneys Michael Murphy and Carolyn Garnett, (Kristin White Eagle attended by telephone).

The topic of the meeting was discussion of the passed 2018 General Council Resolutions. The Legislature will address all the Resolutions on October 30th, 2018, at the Regular Legislative Meeting.

**RESOLUTION 09-15-2018-B, RESOLUTION TO REAFFIRM 2016 GENERAL COUNCIL RESOLUTION 9-17-2016-07

Resolution presented by Joseph Keller & Gary Funmaker
1114 – 206 – 150 = Total votes 1470

Brief summary of the Resolution:

WHEREAS, at 2016 GC Meeting, the GC passed Resolution 9-17-2016-07, A Resolution to Provide Alternative Energy Sources to Ho-Chunk Elders, by a vote of 1,372 in favor, 231 opposed, and 80 abstaining;
WHEREAS, since that date, the Executive Branch agencies have not responded to requests for information as to further action; and
WHEREAS, in August 14, 2017, a letter was sent to President Cleveland and all Legislative Housing Committee Members, by Joseph Keller, in regard to the Resolution with his request to take the R4esoluton off the inactive list; an
WHEREAS, since that communication via e-mail and other calls to President Cleveland, o response has been provided; and
BE IT FURTHER RESOLVED that the Executive and the Legislature shall take action consistent with the policy set by 9-17-2016-07, A Resolution to Provide Alternative energy Source to Ho-Chunk Elders, as required by the Constitution.

Discussion:
This resolution passed by 84.39% of tribal members voting. The original resolution from 2016, NOW THEREFORE BE IT RESLOVED that General Council finds that Ho-Chunk Nation Elders are on limited incomes and that energy bills create a hardship on many elders. To help defray the expenses the Ho-Chunk Nation wants to create a program that will provide interested Elders access to funding and programs that will put alternative energy such as solar or wind energy to provide alternative energy in Elder Homes.

According to Legislative, they attempted to address at the Housing Committee level with an effort to reach out to get research done. Funding was requested but never specified and no action was taken.

There were also concerns about the costs of the installation as well as the maintenance and upkeep of solar panels.

Other concerns were expressed whether this type of program is equitable for all tribal members as this program, if funded, would only benefit Elders, “Everyone has energy bills.”

One legislator stated, “If they want these types of programs, we’ll have to cut Per Cap or take it away.”

It was also mentioned that the original 2016 Resolution was not well written and unclear as to what the author was really asking for, whether it be help for paying energy bills or providing alternative energy sources?

When deciding on how to address the Resolution in regards to the constitutionally required Legislative action, it was proposed that, “We should research and respond on why we can’t do it.”

**RESOLUTION 09-15-2018-C, PROPOSED RESOLUTION TO AMEND THE CONSTITUTION OF THE HO-CHUNK NATION

Resolution presented by William Greendeer & Lori Funmaker
1198 – 139 – 112 = Total votes 1449

Brief summary of the Resolution:

WHEREAS, we the people of the Ho-Chunk Nation recognize that we live at a time of unprecedented species extinction, ecosystem collapse, and global warming;
WHEREAS, we recognize that environmental laws which regulate the use and exploitation of nature are incapable of protecting Mother Earth;
WHEREAS, in the tradition of our Nation’s relationship with Mother Earth, from which we came and upon which we depend, we recognize that to protect nature, we must secure the highest protections for her through the recognition of rights in the Nation’s highest law, our Constitution; and
WHEREAS, pursuant to article IV, Section 3 of the Constitution, we the people of the Ho-Chunk Nation, through a vote of the General Council, may amend the Constitution;
NOW THEREFORE BE IT RESLOVED, we the people of the Ho-Chunk Nation exercise our inherent an inalienable right of sovereignty and self-governance, and hereby amend the Constitution with the addition of Article X, Section 2: Rights of Nature.

Discussion:
The Rights of Nature was on the ballot for the April 5th, 2018 and June 8th, 2018 Secretarial Election.

The Constitution requires that for an amendment to be made to the Ho-Chunk Nation Constitution.

Article III, Section 1. Requirements.
This Constitution may be amended by a majority vote of the qualified voters of the Ho-Chunk Nation voting at an election called for that purpose by the Ho-Chunk Nation Election Board, provided, that at least thirty (30) percent of those entitled to vote shall vote in such election.
In each of the above mentioned Secretarial Elections, the required 30% of qualified voters was not obtained and therefore the amendment was not carried out.

It was mentioned that the Election Board was forwarded Resolution 9-15-2018-C and at that time the Election Board declared that in the Resolution it did not request a Secretarial Election and will not be acted upon.

The Legislature discussed possibly “Acknowledging” the Resolution and forwarding it back to the Election Board. This could also be addressed by “quick passage” vote from the Legislature to request a Secretarial Election with a required nine (9) affirmative votes.

Other discussion centered on whether or not the author changed the wording in the Resolution with the possible intention that a vote at General Council would be sufficient to change the Constitution thereby making the Resolution unconstitutional, “WHEREAS, pursuant to article IV, Section 3 of the Constitution, we the people of the Ho-Chunk Nation, through a vote of the General Council, may amend the Constitution.”

Whatever the outcome when the Legislature “Acknowledges” the Resolution on October 30th, it was stated that if there were to be another Secretarial Election if would not take place until the next Fiscal Year.

**RESOLUTION 09-15-2018-F, HOUSING ACT
Resolution presented by Greg Bird & Myron Cloud
868 – 357 – 202 = Total votes 1427

Brief summary of the Resolution:

NOW THEREFORE BE IT RESOLVED that the General Council hereby request that the HO-CHUNK NATION CODE (HCC) revert back to the HCC enacted by Legislature back on 5/19/2004; specifically, Pages 14-15—subsection d – Sale or Transfer in its entirety.

Discussion:

Attorneys for Legislature addressed the GC Resolution, specifically how to interpret the GC Resolution as a request to review and reverse the actions of the Legislature although the Resolution did not specifically say this.

This Resolution could either be addressed by the Legislature through a quick passage vote requiring nine (9) affirmative votes or it could be placed out for a 45-Day Review on the Nation’s website. The only section that will be addressed will be subsection d, Sale or Transfer.

Ho-Chunk Nation Legislature Housing for the General Welfare of Veterans, Elders and Non-Elders Act (2004)
d. Sale or Transfer.
1. The Ho-Chunk Nation member’s interest in the DOH financed home may not be sold or otherwise conveyed during the term of the mortgage, except with the Executive Director of Housing’s prior written consent. After the sale has been approved by the Executive Director of Housing, the Ho-Chunk Nation shall have the first right of refusal on said property.
i. In the event a DOH recipient elects to sell the recipient’s existing home, the proceeds from the sale less the outstanding mortgage balance shall be paid and the remaining funds in the Escrow Account shall be released to the Ho-Chunk Nation member directly or his/her heirs identified by a certified court order.
ii. A home built on Ho-Chunk Land, Trust Land or Heirship Land shall only be sold or transferred to an enrolled Ho-Chunk Nation Member.

2. The DOH shall consent to a transfer made to another Ho-Chunk enrolled member if the transferee refinances on terms satisfactory to DOH. All arrearages incurred to the date of transfer shall be the liability of the Homeowner prior to transfer. In the event of any conveyance of the Ho-Chunk Nation member's mortgagor interest in violation of this restriction, the entire mortgage debt shall, at DOH’s election, accelerate and become immediately due.

3. The Homeowner shall be responsible to notify the Ho-Chunk Nation Department of Justice or its agents of any bankruptcies filed by the Homeowners:
i. Casualty and Liability Insurance Premium shall be the responsibility of the Homeowner.
ii. Real estate taxes shall be responsibility of Homeowner.
iii. The lease/rent payment of the BIA shall be responsibility of Homeowner.

**RESOLUTION 09-15-2018-G, CHRISTMAS BONUS
Resolution presented by Hazel Guerrero & Andrea Storm
751 – 702 – 69 = Total votes 1522

Brief summary of the Resolution:

WHEREAS, tribal members receive an annual Christmas Bonus.
NOW THEREFORE BE IT RESOLVED that the 2018 Christmas bonus and each year thereafter will be paid out as follows:
17 – Under $500.00
18 – Older $1,000.00
Elder Status $1,500.00

Discussion:

According to the Representatives that were present, the Christmas Bonus was budgeted for during spring 2018.
It was also discussed that the powers of the General Council do not include expenditures, this is a function of the Legislature. While this type of resolution can be voted on and forwarded to the Legislative Branch for review, Legislature is not constitutionally required to act upon such requests.
The GC Advocate suggested that the GC Resolution be considered during the next budget cycle for Fiscal Year 2020.

09/14/2018

Hello General Council Members,

There are many rumors going around about the GC Meeting tomorrow. The meeting will be taking place at the KI Center at 333 Main Street, Green Bay, WI. THERE WILL BE PAYMENT in the amount of $150.00 per tribal member regardless of quorum being met. Quorum amount is 1,200 tribal members. Meeting starts when quorum is met. LET YOUR VOICE BE HEARD!

09/01/2018

List of Green Bay Parking Ramps and locations:

Pine Street Ramp (entrances off of Pine & Madison) – 1845 spots

Main Street Ramp (entrance off Main near Adams) – 681 spots

Cherry Street Ramp (entrance on Cherry between Washington & Adams – 801 spots

08/14/2018

Bus routes to GC.

07/25/2018

As of this date, 20% of eligible voters for 2018 General Council is 1201 for quorum.

07/25/2018

HCN Enrollment Division will be onsite at General Council to assist with ID’s from 6:30 – 11 AM on Saturday, September 15th, 2018



To receive an ID you MUST have one of the following:
Members will need a valid form of ID with a photo such as;
-- a State ID
-- Driver License
-- Employee badges with a Photo with their full name
-- Passport.


The following are NOT ACCEPTABLE forms of ID:
-- Copies of Certificate of Indian Degree of Blood (CDIB)
-- Department of Correction documents
-- Social Security Cards
-- Temporary Driver License
-- Birth Certificates
-- check stubs
-- mail



ID’s for Minor members will not be offered at GC.

First time recipients of a Tribal ID and Elders are free

All duplicates will cost $25.00

07/25/2018

GENERAL COUNCIL TRANSPORTATION 2018

07/11/2018

Ho-Chunk Nation

HOTEL UPDATE:

Block of rooms open at the Hyatt Regency (connected to KI) for Friday night only, September 14th, 2018.

Hyatt Regency
333 Main St.
Green Bay, WI

(888) 421-1442 I.D.: Ho-Chunk Block

$149.00 Standard

Follow the link below:

https://book.passkey.com/go/ghocu

Enjoy a world of rewards that revolve around you – from free nights and member discounts to room upgrades and exclusive offers. Not a member? Join today. Learn More worldofhyatt.com

07/10/2018

2018 GREEN BAY HOTEL LIST ANNUAL GC

Bay Motel &Family Restaurant
1301 S. Military Ave, Green Bay
(920) 494-3441
Single King/Queen $63.53
5 Miles to KI Center

Motel 6-Green Bay
1614 Shawano Ave, Green Bay
(920) 494-6730
Double Queen $80.84
3 Miles to KI Center

Motel 6- Lambeau
2870 Ramada Way, Green Bay
(920) 499-3599
Double Queen $80.84
5.5 Miles to KI Center

Days Inn & Suites by Wyndom GB
1125 E. Mason St, Green Bay
(920) 430-7040
Double $145.00
2 Miles to KI Center

Comfort Inn
2841 Ramada Way
(520) 257-4500
Double Queen $109.73
5.5 Miles to KI Center

St. Brendan’s Inn
234 S. Washington St.
(920) 884-8484
Standard $149.00
1 Mile to KI Center

Comfort Suites
1951 Bond St.
(920) 499-7449
Double Queen $172.10
4 Miles to KI Center

Residence Inn
470 Marina Lane
(920) 430-1770
Double Queen $172.00
4 Miles to KI Center

Tundra Lodge Resort & Conf.Ctr
865 Lombardi Ave.
(920) 405-8700
Double Queen $230.95
3 Miles to KI Center

05/09/2018

FOR AREA MEETINGS -- NOMINATIONS NEEDED AT AREA MEETINGS

I have sent out a packet of information for the May Area Meetings regarding all current GC information, recieved proposals, FY 19 Budget and GC Planner. Legislator's have been responding saying that they will have one packet available for tribal members. I cannot be in attendance in person to give a report at the area meetings as I am one person and some of these meetings fall on the same night.

Please take a look at the packet of information that I have submitted to your area representative. If you are interested in being a proxy for me at your area meeting please email and if interested in the obtaining a full copy of the May 2018 OGC Report please request a copy via email: [email protected]

We are seeking nominations from each of the areas for a GC Planner Representative. This is in accordance with GC Resolution 09-17-16-01 Dissolution of GCA

NOW THEREFORE BE IT RESOLVED, that Article III, Section 2 of the Ho-Chunk Constitution decrees the General Council as a separate branch within the Ho-Chunk Nation government and that the branch requires a mechanism to fulfill its constitutional duties, authorities and powers, do so through the establishment of the following:
1. Dissolve the General Council Agency and transfer the budget and administrative duties to the Office of General Council effective at the adjournment of the 2016 General Council Meeting. The Office of General Council will coordinate with tribal membership three months prior to the General Council meeting for all meeting specifications including venue RFPs, etc.

2. One tribal member per district will represent and assist with the coordination of the annual General Council meetings.

Also in accordance with;

Ho-Chunk Nation Code 1 HCC sub-section18, Office of the General Council Establishment and Organization Act, Section 5, Internal Organization and Authority, (g);
g. The Office of General Council will coordinate with tribal membership at least three (3) months prior to the Nation's Annual General Council meeting regarding all meeting specifications, including, but not limited to, venue and RFPs. One tribal member per District of the Nation will represent and assist in the coordination of such Annual General Council meetings.

05/03/2018

Why haven’t tribal members seen the fiscal year budgets from the four branches of the Ho-Chunk Nation government?

Because legislature is not following the normal legislative process in the Legislative Organization Act (LOA).

The process “will consist of three (3) phases: (1) Internal Review Phase, (2) Public Review Phase, and (3) Passage Phase.”

We never know what the legislature's budget totals are for travel, mileage and per diem, because they never share the legislation in the Public Review Phase.

Currently, the legislature approves their own annual budget.

The Public Review Phase is also known as “forty-five (45) day comment period.”

The LOA states, “Legislators will provide notification of the Legislation at a regularly scheduled District Meeting during the Public review period. Comments received by Legislators will be provided to the Responsible Legislative Attorney/Counsel, Legislative Paralegal, outside counsel, or other Official selected to draft the Legislation.”

The Public Review Phase is in place for tribal members to have input into where tribal dollars are spent. If legislature continues to skip this phase and ignore Ho-Chunk Nation law, who are they serving but themselves.

Our tribal government is accountable and responsible to the people they serve.

03/16/2018

HOCAK WORAK:
EDITORIALS / LETTERS
Hu\u\c wiihiraagni\ra 23, 2018
PAGE 2

TRIBAL MEMBERS NEED TO PUSH FOR THE TRANSPARENCY THEY DESERVE

By: Tim Wohlers
Staff Writer

Now that so many discussions are taking place behind
the closed doors of executive session, tribal members
should be pushing for more transparency from Legislature.

They should know everything their elected officials do.
Every member of the tribe should be able to access information
regarding the Nation’s finances, as well as the actions
of their public officials. However, legislators have
not been so keen on sharing this information.
They recently passed a set of resolutions that enforced
fines against Ho-Chunk’s gaming commissioners. Yet
the same resolutions allowed those officials to remain on
the agency after breaching the law.

Their decision to let the commissioners remain in
power went against the advice of the Ethics Review Board,
which had recommended that Legislature remove the ap- pointed officials from their positions since they violated
the Code of Ethics. The resolutions themselves
were not what upset people who had been following the
case, though. The fact that legislature chose to discuss
the resolutions in a closed door, executive session was.

For the case involved public officials of the Nation.
Discussions regarding the actions of public officials
should not take place behind closed doors. They should
take place in open session, where all tribal members can
take part in the discussion – or at least hear what’s being said.
Tribal members should know how their government
representatives reach every decision that they make, and
all the factors that they are and are not consider during
their discussion.

Attaining that level of accountability could take some
work. But if they really want more transparency, then tribal mem- bers should be letting their legislators know. They should
speak up at area meetings, and the legislative meetings in
Black River.

A General Council resolution calling for freedom of
information might be something to consider. The United
States has already adopted such a law, and it has since
proven to be one of the most important laws in the nation’s
history.

Perhaps tribal members should fight for similar legislation,
so that they won’t have to worry about getting left in
the dark anymore.

03/16/2018

ARTICLE FROM THE RECENT HOCAK WORAK

Hocak Worak’s Letters page provides a voice for our readership

By Marlon WhiteEagle
Editor

If you’re reading this, you may already know what I’m
about to say. This page has always been about readers
writing letters regarding their concerns about the Ho-Chunk
Nation. That includes the good and the bad. Of course, we all know nobody is perfect. That includes our tribal government.
This page has always been the sounding board for our
readership and establishes the Ho-Chunk Nation’s commitment
to freedom of speech, and of the press, that our Ho-Chunk
Nation Bill of Rights affords.

The Hocak Worak has served as the tribal media, or
press, since the formation of our tribal government.
Tribal members have a right to know where and how their
government spends tribal dollars. Last year, the General
Council voted move the Hocak Worak from the Executive
to the General Council branch to avoid governmental censorship
and to situate the newsletter for the people. However,
that resolution is now stuck in court.

We need a free press law. It should protect sources for
news articles and provide tribal dollars to subsidize our
independent press. Tribal members often stop
by, call, or email, the Hocak Worak office with story ideas.
Reporters will attempt to look into getting the information
for a news story, but lack the ability to obtain the information
effectively. It’s difficult to get a return phone call or email from officials within the Ho-Chunk Nation.

Tribal government shielding its expenditures doesn’t promote
transparency or accountability. Limiting access to public records demonstrates the opposite. The Hocak Worak could not
operate without tribal dollars funding it, and it isn’t viable
for the paper to operate as a for-profit entity of the Ho-Chunk
Nation.

To keep reporting on tribal government happenings for
the tribal membership and interested parties’ knowledge,
the paper needs to be subsidized by tribal dollars.
It’s scary when the Ho-Chunk Nation Legislature
controls the purse strings that determine continued funding
of news and information reaching the tribal membership.

Tribal members should also be concerned when their
government wants to shield certain information, mainly
how tribal dollars are used, whether it be not returning
phone calls and emails, or preventing the tribal media
from reporting on open meetings. Some people are unaware
that the Letters page was for readers to share their opinions
on matters of the Ho-Chunk Nation.

As the editor, I write editorials, just like the one you’re
reading now. Once again, I write on topics of interest to tribal members. More often than not, a tribal member talked with me
about the issue and gave me the inspiration to write the
editorial.

I write what tribal members are concerned about.
I encourage them to write a letter to the editor, but when
they are employees, they are concerned for their continued
funding as well, meaning the future of their employment
might be in jeopardy if they speak up. Sometimes, departments
and/or the Legislature eliminate job positions altogether
when they don’t like something.

Recently, a Hocak Worak reporter went to the Finance
Committee meeting to gather information for a follow
up story, but the committee quickly went into executive
session, thus the reporter had to leave. Nobody knows if the Legislature is misusing the executive session to discuss matters
that should be discussed in open session.

Why the secrecy? Open session topics belong in open
session. Perhaps we need “executive session police” to ensure only matters qualified for executive session are discussed. A point of order is needed for them to stay on topic. Then, when they return to open session, votes are taken before people can return to the room and see how each representative voted.

One item on that agenda was moving funds from the General Fund to the Legislative budget. In this instance, only the
full Legislature and those people requesting funds attended
the meeting. Tribal members don’t always have the time or means to attend each meeting, but a reporter can write about what action occurred in various meetings.

For roughly an hour, the Bill of Rights was thrown out the window when the Hocak Worak staff wasn’t allowed to
report on an open meeting. It seems the ones who
should know the laws, don’t know the laws. Incompetency
rules.

The Hocak Worak is committed to telling the story of
the Ho-Chunk people. Please consider writing a letter to the
editor when concerns arise in your neck of the woods.

MINUTES FROM:

HO-CHUNK NATION LEGISLATURE
FINANCE COMMITTEE
REGULAR MEETING-EXECUTIVE OFFICES
BLACK RIVER FALLS, WI
FEBRUARY 28, 2018

P. 8, ITEM #10

10). General Fund Budget Decrease, Legislative Budget Increase: Budget Decrease is from Special Projects and New/Matching Grant and Budget Increase is to Payroll, Payroll Benefits, Postage/Shipping; Printing Expense; Airfare (Non-Training); Per Diem (Non-Training); Lodging (Non-Training); and Registration (Non-Training).

MOTION by Rep. Robert TwoBears to approve General Fund decrease and Legislature budget increase in the amount for $230,000. Second by Rep. Lawrence Walker Jr. 11-0-0 MOTION CARRIED.

02/16/2018

PRESIDENT CLEVELAND CALLS FOR GENERAL COUNCIL 2018

01/26/2018

ho-chunknation.com

01.12.18A Establishment of Legislative Workgroup to Address General Council Resolution 9.16.17F

A RESOLUTION TO ASSIGN WILLING HC HOMESTEADS TO GROW NON-GMO, NON-HERBICIDAL PRODUCE WITH COMPENSATION AT GOING RATE

(Condensed GC Resolution Information)
WHEREAS, The Tribe is in need of homesteads with land available for land and soil analysis.

BE IT FURTHER RESOLVED, The Tribe will assign those willing homesteads to grow non-GMO, non- herbicidal produce with non-steroid and non-biotic livestock and with an emphasis on moral farming. The compensation for produce will be at the going rate.

Please click on the link below to see the full Legislative Resolution re: Legislative Workgroup:

http://ho-chunknation.com/resolutionfolder/01.12.18A%20%20Establishment%20of%20Legislative%20Workgroup%20to%20Address%20General%20Council%20Resolution%209.16.17F.pdf

01/17/2018

ho-chunknation.com

01.12.18A Establishment of Legislative Workgroup to Address General Council Resolution 9.16.17F

http://ho-chunknation.com/resolutionfolder/01.12.18A%20%20Establishment%20of%20Legislative%20Workgroup%20to%20Address%20General%20Council%20Resolution%209.16.17F.pdf

01/17/2018

ARTICLE FROM THE JANUARY 12TH, 2018 EDITION OF THE HOCAK WORAK

LEGISLATURE CREATES A RESOLUTION AGAINST
GENERAL COUNCIL RESOLUTIONS

By Marlon WhiteEagle, Editor

The Ho-Chunk Nation Legislature passed a resolution
titled, Limited Waiver of Sovereign Immunity of the
Office of General Council and Ho-Chunk Nation General
Council, with a unanimous vote, 9 to 0.
Resolution 11-07-17K, which attempts to refute the
Ho-Chunk Nation Constitution, passed on November 7,
2017.

The Ho-Chunk Nation Constitution states in Article
XII, Section 1, Immunity of Nation from Suit, that The
Ho-Chunk Nation shall be immune from suit except to
the extent that the Legislature expressly waives its sovereign
immunity, and officials and employees of the Ho-Chunk
Nation acting within the scope of their duties or authority
shall be immune from suit.Resolution 11-07-17K omitted
the sentence, “Except suits brought in Article IV, Section
3(a). ”The omitted sentence refers to the powers retained by the
General Council.

The Ho-Chunk Nation Constitution says, “General
Council retains the power to set policy for the Nation.
This policy shall be resolutions proposed and approved
at annual meetings and special meetings, by a majority
vote of qualified voters of the Ho-Chunk Nation General
Council.”

“This policy shall be made into laws, including codes,
ordinances, resolutions and statutes by the Legislative
Branch of the Ho-Chunk Nation within 45 days after a
majority vote.” Section 3(a) gives timelines
of action required by the Ho-Chunk Nation Constitution
to the Legislative, Executive, and Judicial branches. Each
branch is delegated its authority from the General Council
branch.

Section 3(a) also states, “In the event that this policy is
not enacted by the Legislative Branch or enforced by the
Executive Branch within 15 days of the aforementioned
deadlines, the Ho-Chunk Nation General Council shall file
suit in the Ho-Chunk Nation Tribal Court against elected
officials of the Ho-Chunk Nation branch of government.”
Legislators who voted for this resolution must not know
that the Ho-Chunk Nation Constitution instructs or orders
the Ho-Chunk Nation General Council to file suit
against the Legislature.

If Legislature met its Constitutional deadlines, there’d
be no need for a court filing. Legislature adds its own
spin on what the Constitution says, when they add the word,
“or any of its sub-entities” to the resolution. Where is the
definition of “sub-entities” that’s being referred to here?
That Whereas statement reads, “authority granted in
Article XII, Section 1 of the Constitution to waive sovereign
immunity of the Nation, or any of its sub-entities, is an
authority given to the Legislature.”

Another of Resolution 11-07-17K’s Whereas statements
says, “In the aftermath of the 2017 Annual General Council
meeting, which took place in September of 2017, the Office
of General Council has indicated it may file litigation
against the Legislature.”

Why did the Legislature choose to use the word, aftermath,
when referring to the General Council’s annual
meeting? Aftermath is defined as the consequence of a significantly unpleasant event. Since when is the General Council proposing and approving the nation’s policy a significantly unpleasant event? The next Whereas statement
says, “the Legislature finds that should there be a need
to file an appropriate legal response, it is appropriate to
waive the sovereign immunity of the General Council itself
and the Office of General Council on a limited basis
for litigation related to the 2017 Annual General Council
meeting.”

The Ho-Chunk Nation Constitution, through delegation
of authority by the General Council, authorizes the Legislature
“to negotiate and enter into treaties, compacts, contracts,
and agreements with other governments, organizations,
or individuals.” The Nation’s sovereign immunity
protects the tribe from being sued by external parties.
Article XII, Sovereign Immunity, addresses instances
where Legislature “expressly waives its sovereign immunity”
when negotiating.

The Legislature is taking liberties when it passed
Resolution 11-07-17K. The General Council would have
had to negotiate and enter into some agreement with Legislature
for any of its sovereign immunity to be waived. How much time, energy, and most importantly, money, did the Legislature waste on this nonsensical and self-serving resolution?

Is this another way for the legislature to avoid doing its
duties of addressing General Council resolutions?
Their time could be better spent on implementing
the policy set by the General Council. Our goal is to move
forward together, not tie up things up in tribal court.