Was Crystal Eagle Elk, the Oglala Sioux Tribe Treasurer Guilty as Charged?

 

 

Crystal Eagle Elk has been in Tribal Government for over 40 years.  She has taught finances at the local college.  She has been the Oglala Sioux Tribe’s Treasurer several times.  She has a long history of achievements while working for the Tribe, has been very successful and is well respected in the financial world and in Washington D. C.  She was re-elected to the Treasurer position during the Two Bulls/Brewer administration of the Oglala Sioux Tribe.  She continued to work on some pretty important projects as well as run the Tribes financial system.  She kept spending under control even during the harshest of times.  She almost had the Tribe off of high risk and was about the turn the corner from being in debt to having savings in the bank for the Tribe.  There are way too many achievements and projects that she was working on to mention that ultimately benefited the Tribe. 

 

But all that came crashing down this administration basically due to misunderstanding of the financial system on behalf of the Tribal Council members and some of the Executive Committee members.  Crystal had four or five charges against her and in a court of law and for someone who actually understood finances on the face of them those charges could very easily be considered frivolous without much question.  Once a financially competent person reviewed the charges, they should have been thrown out as frivolous.  Crystal required documentation of all expenditures regardless of who was submitting requests.  Unfortunately the Tribal Council members attempted to push the issue and by-pass procedures to submit requests for payment without proper documentation.  Folks, it is illegal to make payments without supporting documents and the council members should never attempt to force their Treasurer into doing such deeds.  The same goes for contracts.  A contract must be approved by procedural requirements.  It cannot be drafted then signed and submitted for payment without first getting approval of committees or the entire council through resolutions.  And you cannot get advanced payment without even as much as starting the task that you are contracted to perform.  Crystal was correct in denying payment in all the situations that she was charged with. 

 

Crystal did not get the most basic of human rights which is “DUE PROCESS” from the Two Bulls/Brewer Administration.  She, just like so many others who were illegally terminated during this administration had to fight just to receive this basic right.  The Chairlady boasts that “everyone deserves due process” while in public meetings, but look at her record, almost nobody was given that right and the Two Bulls/Brewer administration took the lead to deny this right every time.  It takes the Lower and Supreme Courts to get her to comply with and understand what due process really consists of each and every time a new grievance is filed.  And there have been more than forty (40) terminations by her administration during the first year!!  None of them received “due process” until Two Bulls was forced to comply by the courts. 

 

In the end Crystal was finally granted due process and won her case because the council did not have enough votes to remove her from office.  Once the vote was run and counted in favor of Crystal it was all over and Crystal should have been returned to work immediately with back pay.  But Sonia Weston who is a council representative from Wakpamni District made another motion to suspend Crystal which was illegal and constituted “double jeopardy.”  When questioned about double jeopardy the Tribes attorney Mario Gonzales advised the council that double jeopardy only applies to criminal cases, but he was wrong because in the Tribes Impeachment Ordinance No. 41-26 there is a provision that states; “no person shall be liable to impeachment twice for the same offense.”  So what about the Two Bulls/Brewer Administration granting due process for the motion that Council woman Weston ran on Crystal?  There is no due process being granted or even as much as recognized by this administration.  Once again we are off to court to make the administration grant due process. 

 

In the end where does all of this lead us to today?  Our financial system is suffering, we are not able to move forward on the 90 million dollar legislation for the loss the Tribe experienced when the Army Corps of Engineers built Angostura Dam.  We are further in debt and don’t have any idea when we are going to get off high risk, we are losing very knowledgeable and competent employees, we are losing good attorneys and contractors, we are losing, losing, losing……..under the current leadership.  Crystal will win in court but the Two Bulls/Brewer Administration will just deny due process again.