Oglala Sioux Tribal Councilman in South Dakota Is Suspended without Pay
Story-Date: 04:33 p.m. PST Monday   , February 16, 1998

------------------------------------------------------------

Oglala Sioux Tribal Councilman in South Dakota Is Suspended without Pay


By Dave Rooks, Indian Country Today, Rapid City, S.D.
Knight Ridder/Tribune Business News

PINE RIDGE, S.D.--Feb. 16--Oglala Sioux Tribal Councilman Cedric Young Bear
was served with papers notifying him that a hearing concerning his
conviction on assault charges will be held March 4.

The hearing before the tribal council is required by the tribe's
constitution. The councilman from the Porcupine district could be removed
from his constitutional office as a result of the hearing.

Mr. Young Bear was sentenced in federal court three weeks ago on charges of
assault with a deadly weapon. The OST council recently suspended Mr. Young
Bear without pay as a result of his sentencing. Mr. Young Bear was given
four years probation and ordered to make restitution in the amount of
$6,132.05. He had earlier pleaded guilty to two counts of simple assault on
Sept. 22, 1997

Tribal ordinance 97-09, passed last year on April 30, directs the tribal
council to remove anyone in tribal government who has been convicted of
violent or drug-related crimes. OST Secretary Theresa Two Bulls said she
gave notification-of-hearing papers to an officer of the tribe's Public
Safety Department on Feb. 10, to be served to Mr. Young Bear.

The suspension handed down to Councilman Young Bear is for 20 days pending
the hearing. Irma Cummings, a councilwoman from the LaCreek district, upon
hearing of the then proposed 20 day suspension, noted that a recent tribal
ordinance just enacted by the tribe calls for a five to ten day suspension
for employees caught smoking cigarettes in the tribal offices. Noting that
her fellow councilman had been convicted of assault by a federal judge she
asked, "Is that fair?" She did not receive an immediate response.

In a related matter, a tribal councilman from the Oglala district, Robert
"Chop" Martin is expecting disciplinary proceedings by the tribe against
him for his recent conviction on marijuana possession charges.

The same ordinance that was used to suspend Mr. Young Bear applies in the
case of Mr. Martin. Mr. Martin pleaded guilty to possession of a controlled
substance on Dec. 30, 1997. The date for his sentencing is March 30.
Ordinance 97-09 does not allow the tribe to proceed against a tribal
employee until after sentencing has taken place.

According to the OST tribal constitution, after any hearing presented for a
cause of action against a constitutional officeholder, a two thirds vote is
the minimum necessary for removal from office.

-----

Visit Indian Country Today on the World Wide Web at
http://www.indiancountry.com/

-----

(c) 1998, Indian Country Today, Rapid City, S.D. Distributed by Knight
Ridder/Tribune Business News.



------------------------------------------------------------