Michael Roberts Mike Peters Ok, here is what I found. The houses at the IHS, where Crystal resides, are not owned by the Tribe nor any of its entities, subsidiaries, etc. The houses are owned by the IHS, and the IHS is not controlled by and not a subsidiary of the Tribe, and the rental proceeds are also not owned by the Tribe or the SWO Housing Authority, those funds are earmarked by the IHS and they control where the rents collected on their behalf go to - and that is for maintenance right now. So the Tribe does not have actual control or ownership in the Houses nor the Rental Proceeds. The SWO Housing has a contract for managing and maintaining, thats pretty much it. So if you sign a lease, it is with the IHS not with the Tribe. Now, that we have the ownership established, put that debt into the election ordinance. 03-02-04 Debt means money owed to the 03-05-05 The Tribe And Each Tribal Entity Must Provide Debt Information To The Reservation Election Board ...and each of the entities included within the definition of the Tribe… 03-02-10 Tribe means, in the context of a debt to the Tribe, the Tribal government and all of its programs, any wholly-owned government business or corporation, an any agency, entity, commission, board or political subdivision of the Tribal government, which includes without limitation, the Dakota Nation Gaming Enterprise, Dakota Magic Casino, Dakota Sioux Casino, Dakota Connection Casino, the Sisseton-Wahpeton College, Tiospa Zina Tribal School, Enemy Swim Tribal School, the Sisseton-Wahpeton Housing Authority, Dakota Western Corporation, SWO Plastics, SWO Fuel, Inc., and the Agency Village C-Store. (nowhere in this definition does it state that a Federal Agency is a part of the Tribe, or that they control an agency like the IHS) The entire complaint of the definition of a debt owed to the SWO Housing against Crystal Owen is INVALID, because it does not fall within the jurisdiction of the Statute. The rent that was owed belongs to the IHS, a Federal agency, not the SWO Tribe, not the SWO Housing, or any of the Tribes entities. What does this mean? Well, it means that the Court made a huge error, and so did the REB, because they all simply ASSUMED that the Tribe owned those housing units and held title to the proceeds, both of which is not true. Their entire case is moot, Crystal should have been seated today and apologized to for this entire ridiculous political charade.
Posted on: Wed, 07 Jan 2015 03:08:52 +0000
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