Garfield Steele
Steele: Attorney says Brewer’s move illegal
By Brandon Ecoffey
Native Sun News Managing Editor PINE RIDGE— When the Oglala Sioux Tribal council first voted 8-5 with 1 not voting in favor of, but declared one vote short of the necessary 2/3 needed to impeach Wounded Knee District representative Garfield Steele, he should have been put back to work according to Bernice Delorem, one of the tribe’s in-house attorneys. After the impeachment hearing that was overseen by Judge Leroy Graves of the Rosebud Sioux Tribal Court, who ruled Steele should be reinstated, tribal President Bryan Brewer started the next day’s council meeting by interpreting Robert Rules of Order in a way that ousted Steele from office. In a letter sent to Judge Graves by Bernice Delorem in response to a request for a Legal Memorandum from the tribes legal department the tribal attorney said, “the Impeachment hearing held on September 24, 2013 was res judicata once the Tribal Council impeachment vote failed and the Hearing was concluded by the Special Judge, President Brewer’s attempted reversal of the decision of the Tribal Council not to impeach Representative Garfield Steele can have no legal force of effect under Tribal Law, including the Constitution of the Oglala Sioux Tribal. Therefore Representative Garfield Steele continues to be entitled to sit as a duly elected Representative on the Oglala Sioux Tribal Council.” Delorem highlighted seven points that she felt entitled Steele to reassume his seat on the council. Her ruling said that President Brewer’s interpretation of Robert Rules of Order was null and void due to its timing, the fact that the council had agreed that the vote of 8 yes and 5 no was one short of the nine required for a 2/3 majority, that Steele’s right to due process was violated when President Brewer made his ruling the day after the hearing, and that because it was an impeachment hearing and not a regular council meeting.” Thus according to her interpretation President Brewer did not have the legal authority to rule the way he did. The tribal court had issued an order early last week preventing the council or the OST Executive Board from taking any further action against Steele until after a hearing that is scheduled for this Friday. (Contact Brandon Ecoffey at staffwriter2@nsweekly.com) Copyright permission by Native Sun News Related Stories:
Native Sun News: Oglala Sioux Tribe flip flops on impeachment (9/26)
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