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Conversation between Darryl Olson and Election Committee Chairman and Bruce Landrie, Official Tribal Website Admin
Return to Main Election 2004 page
Webmaster Note: This conversation is posted at the Request of Tribal Member Darryl Olson
----- Original Message -----
From: Mark A. Landrie
To: 'Darryl Olson' ; 'member' ; bkljsalo@gec-isp.net ; 'Alvina Allen ' ; 'Bob Van Gunten' ; 'Caroline Fleury' ; 'Darrel Koke' ; 'Ed Lavenger' ; 'Little Shell Tribe Office'
Sent: Thursday, December 30, 2004 2:44 PM
Subject: RE: Posting
Mr. Olson,
Please take me off of your list of emails to send this crap to. The elections are over they are certified by the council and my job is done.. Get the hint you lost by a vote of the people not the elections committee or the current Council.
MARK A. LANDRIE
TRIBAL MEMBER
--------------------------------------------------------------------------------
From: Darryl Olson [mailto:dolson@tgrsolution.net]
Sent: Thursday, December 30, 2004 2:24 PM
To: member; Mark Landrie; bkljsalo@gec-isp.net; 'Alvina Allen '; 'Bob Van Gunten'; Caroline Fleury; 'Darrel Koke'; 'Ed Lavenger'; 'Little Shell Tribe Office'
Subject: Re: Posting
Bruce- Be advised your documented threats and attempts to intimidate me in to submission will not stand. It is illegal for an organization such as the tribe to use intimidation, threats and coercion against its members, and it is also against the law to sensor a members freedom of speech on an official public web page, which you are doing (this is a violation of my civil rights under 25USC 1301, Indian Civil Rights Act.). I have done nothing wrong, I have acted within our tribal constitution and election policies and have been wrongly denied, It appears that my tribal remedies are coming to an end and federal agencies and court are the next venues if necessary (unless the Arbitration Panel of elders is convened to here these issues):
The actions of this Tribal government and election committee are subject to federal law 25USC1301- 241, Indian Civil Rights Act (ICRA) and has been upheld when election fraud or individual members rights have been violated during an election. The following is taken from U.S. v. Wadena, ___ F.3d ___ (8th Cir. 1998) (No. 96-4141)
"For these reasons, Clark and Rawley cannot rely on the Santa Clara decision to support their argument that federal jurisdiction under § 241 cannot be asserted. The decision regarding private rights of action brought under the ICRA against a tribal government does not address the question of criminal jurisdiction asserted in this case. In Stone, this court recently recognized that tribal sovereignty is "necessarily limited" and "must not conflict with the . . . overriding sovereignty of the United States." 112 F.3d at 974 (quoting United States v. Sohappy, 770 F.2d 816, 819 (9th Cir. 1985)). "Federal laws of general applicability [such as § 241] `are applicable to the Indian unless there exists some treaty right which exempts the Indian from the operation of the particular statutes in question.'" Id. (quoting Burns, 529 F.2d at 117). No such treaty right to be free to conduct fraudulent elections against their people is asserted here by the defendants. Contrary to the Clark and Ramsey's argument, we find there is no reason why federal criminal jurisdiction over election fraud would work to undermine the sovereignty of the tribe or its political integrity. First, no tribal custom or tradition is being threatened by the enforcement of criminal conspiracy laws. There is no tribal custom or tradition of the Band of fraudulently using the election system to maintain positions of power for a few corrupt individuals.
Second, as the Supreme Court stated in Santa Clara, tribal courts are the preferable forum to resolve most issues a arising out of the rights granted by the ICRA. 436 U.S. at 65-66. This allows legitimate tribal governments to shape their own internal policy and assert their right to self-determination, and at the same time provides individual Native Americans a forum to air their grievances. However, tribal members are not able to practice self-determination when, as is alleged here, a few corrupt individuals effectively control the entire tribal system. No purpose of tribal autonomy is served by allowing a corrupt, unrepresentative system to continue unabated.
Finally, it is relevant to note that tribal governments are dependent sovereigns not independent foreign ones. As part of this dependent status, the U.S. government serves as a trustee and has a direct responsibility as a trustee to protect the civil rights granted by Congress to the Native Americans living on the reservations. We believe failure of the United States to assert criminal jurisdiction over activity on a reservation when the tribal government no longer operates legitimately would be an abrogation of the U.S. government's trustee relationship with tribes such as the Chippewa. We thus conclude that Clark and Rawley may be prosecuted in federal court under § 241 because such conspiracy encompassed a violation of the ICRA, a law of the United States."
As far as the slander issue goes, It is well documented in the press and in Mr. Shields own admissions that are recorded in tribal documents, that he admitted he has criminal convictions, if the election committee had bothered to do the appropriate research they would know this, also if I'm guilty of slander then so is the tribal government for printing it in tribal public records also John "Bud" Sinclair, Melvin Swan, Judy Jacoby, Debbie Swanson, Dr. Robert Franklin, The Great Falls tribune and other tribal members that are documented to have came forward with this issue in 1994 and 1996 elections would also be guilty of slander.
As far as this just being me, you are also gravely wrong. There has been other calls for investigation of the balloting and election notification issues by as many as 41 (alleged) members that I am personally aware of, but their concerns were quickly dismissed by Mark Landrie of the election committee which is well documented. I am aware of many members that are currently mobilizing to protest this election and the council and election committee will be hearing from them soon (these individuals were mobilizing and were totally unaware of my protests) so don't think for a second that this issue will be quickly swept under the rug. There are federal election laws and constitutional requirements that apply to our tribe that have potentially been violated.
Once again, the Tribal council and election committee have the opportunity to have this settled within the tribe by convening the Arbitration panel of elders as detailed in the election procedures. If the election committee feels strongly enough about their actions then lets here it before this panel. What do they have to hide?
If I am not contacted, by the election committee or tribal council to begin establishment of this Arbitration Panel of Elders by January 10th, 2005. I will contact the US Attorneys office to begin filing a civil rights violation (there will be other members filing similar complaints) complaint and ask for an investigation to begin into the actions of this Tribal Council and election committee relating to possible election violations.
Sincerely,
Darryl Olson
----- Original Message -----
From: member
To: Mark Landrie ; dolson@tgrsolution.net ; bkljsalo@gec-isp.net ; 'Alvina Allen ' ; 'Bob Van Gunten' ; Caroline Fleury ; 'Darrel Koke' ; 'Ed Lavenger' ; 'Little Shell Tribe Office' ; 'Robert Lafountain'
Cc: member@litleshelltribe.us ; Robert Lafountain Sr.
Sent: Wednesday, December 29, 2004 5:55 PM
Subject: Posting
LST Council members, and Election Committee, Robert
To Darryl Olson
My understanding was this matter was already investigated and the matter closed. Seems to me like Mr. Olson may want to seek some type of counseling. I just lQQd and don't see anywhere in the "constitution or by-laws" and am not seeing any support of such DEMANDS. I do see where the election committee has final say on election matters, and I see that as a candidate you read and signed it agreeing to it.
I would remind Mr. Olson that slander is against the law and none will be tolerated on this board, littleshelltribe.us Any and all postings can, and will be used in legal action by anyone. DO NOT make allegations that "hold no water" and YOU can't prove against any person. This is not the place! Postings deemed as slanderous can and will be deleted, and posters of the offense will be banned and there web provider (ISP) notified about such improper conduct. Also, I see only that YOU are the only one making a complaint.
Admin littleshelltribe.us
Darryl Olson posted this on a public message board 12/28;
(This is a copy of what I submitted to the election committee and tribal council, my request for settling this internally with a panel of elders has been denied by the election committee. They once agian are not following the very regulations they set up to settle any election protests.)
Election Committee- As a candidate for office, I am officially protesting the December 11th election. I am requesting that a council of elders be called to here this election protest. I will summarize these issues of protest. The issues are as follows:
1. The election committee did not adequately investigate James Parker Shields back ground to verify if he was a convicted felon: by statements in their decision they failed to officially contact the following individuals with specific knowledge:
A. All former council members that over saw proceedings against Mr. Shield.
B. Former complainants in previous election disputes with one exception; John (Bud) Sinclair, Judy Jacoby,Melvin Swan and Debbie Swanson.
C. Former NARF Attorney, Bob Paraguay
D. The election committee also failed to research the tribal records, to review evidence that was used in the 1994 and 1996 elections.
E. By Mr. Shield publically admitting (newspaper Article) that he was a felon, is enough to not allow him to run unless he can provide proof that he was not telling the truth. The election committee allowed Mr. Shield to have a different venue of response then I was. If he was allowed to a direct opportunity to be interviewed I Should also have been given the opportunity to make my case verbally. I was also not given the opportunity of rebuttal with the election committee, especially with Mr. Swan whose credibility is in question because of his flip on this issue. It is also illegal to limit my ability to appeal to the council and federal courts, the documented threats of removal as a candidate by this election committee (if I appeal this further) is very close to black mail, In my opinion.
2. To my understanding, the Tribal Constitution was amended in 1999 to specifically limit Mr. Shields' ability to run for tribal office again. This election committee failed to adequately investigate and interview all the council members and area reps that supported this amendment. The election committee also did not research the tribal records that pertained to this constitutional amendment.
3. Mr. Shield was removed from office in 1997 for violation of the Tribal Constitution Article VII, Section V, Specifically he was found to not be able to represent the best interest of the tribe. The election committee wrongly allowed Mr. Shield to run in this election because he has been removed from office for this clause and should never be allowed to run for office again. This removal was supported by NARF.
4. The election committee decision on my initial protest was arbitrary to previous council decisions and was thereby a not a valid decision.
5. The election committee did not adequately advertise the election to its members and follow previous election precedence in notifying all eligible voters by mail. The Rocky Boy election was just overturned for this reason.
6. The election committee violated the following election regulations and clarifications:
A. The election committee allowed an publically admitted felon to run for office.
B. The election committee allowed a candidate to run for office that was removed from tribal office for a constitutional violation and there by cannot run for tribal office again.
C. The election committee allowed a candidate forum, after they publically clarified that there would be no candidate forums allowed during this election.
D. The election committee mishandled the absentee ballots, this mishandling was not made public until after the election and was contrary to any public announcement that was made prior to the election on December 11th. In other words they changed the rules after the election to cover up their mistakes, which may have impacted the outcome of the election.
E. The election committee changed the polling station regulations after the election, to make up for there own mistakes which may have impacted the results of the election. The election committee cannot change the rules to cover up its mistakes.
F. The election committee disenfranchised many tribal voters by:
1) Failing to return every (alleged) request for absentee ballot to members that requested them.
2) Failing to make an adequate effort to notify all eligible tribal voters of the election.
7. The election committee is proposing to seat two immediate family members on the council, which appears to be against former tribal protocols, which the election committee needs to research. A reference to this tribal protocol is in the public record.
It appears that this election committee is a ruled by popular vote not by tribal law. We as a tribe have got to abide by our tribal constitution, tribal laws, applicable federal law and former council decisions or we are clearly demonstrating to BAR, NARF, Patton Boggs, State Government, Tribal Governments, Congressional Delegation and our tribal members that we are a tribe of popular vote not of laws. This election directly threatens our federal recognition by this clear violation of our tribal laws and constitution which is totally transparent to all the above mentioned entities which may have a say in our federal recognition. I have been in contact with the office of one of our congressional delegation that has been asked to carry our federal recognition through congress (on a different subject) and they have expressed concerns (unsolicited) with how this election has been handled, but they will reserve judgment until all sides are brought forward. We have to remember that our tribal issues have been aired publically and they know whom has been removed and for what reasons and they see this flip-flopping by this election committees actions because its the popular thing to do. I know that we are a sovereign nation but we as a tribe have to remember that we are requesting federal recognition and have publically stated that we govern our tribe by our constitution and applicable federal law and the entities above are watching to see if we are or are not. Why would our congressional delegation carry a bill through congress for a tribe that is not following its own laws? Why would other native American tribes support our federal recognition if we do not follow our laws that might be challenged in court, resulting in a degradation of all tribes sovereignty. Why would Patton Boggs continue to work on our recognition if they know that our tribe is not abiding by its laws and may result in damaging their reputation? Why would the State continue to support our tribe when they see that we do not uphold our laws? Why would NARF continue to support our tribe if they know that we are breaching the very criterion for recognition? Why would BAR find in favor of our federal recognition if we violate the very criterion they have established and last but not least why will our tribal members support a government that will not uphold the laws of our tribe and protect their rights?
I am not asking to be seated in office over this protest, my ultimate goal is to see this election overturned and a complete new fair election to be held with every eligible voter notified of this election and given equal opportunity to vote. I would also like to see Mr. Shield's eligibility issue settled in a fair manor for all sides, I don't know Mr. Shield personally, I have met him one time in passing. I only know of his past history with the tribe and outside government which is publically documented. If Mr. Shield is not a felon then why has he admitted it in public? why was he challenged on this issue in the 1994 and 1996 elections? If he truly is not a convicted felon, what does he have to hide? Lets here this issue before a board of neutral elders in a public forum where all members can here all sides. Lets quit trying to hide this issue by threats of removal of candidates. There are many highly regarded tribal members that have brought this issue up before, its not just me!!!
Don't bother to deny this protest, The election committee actions are part of this protest so you are no longer a neutral board. If you as the election committee want to handle this in the best interest of the tribe , now is your opportunity to call the panel of elders to settle this issue within the tribe,once and for all . I am willing to have this issue settled by this board of elders, but all my concerns (favorably or unfavorably) must be address by the board not just a few. This protest is being circulated publically to the tribal members, so that they are aware of my protest and can become involved in the process.
Please contact me to set up the specifics for the board of elders. I will be out of contact until December 27. If an internal board of elders is not convened using the procedures set forth in the election regulations I will be forced to bring this issue before: Keith Beartusk (BIA Regional Director), Montana Office of Indian Affairs, Montana and Wyoming Tribal Leaders Council, NARF, Montana's congressional delegation and BAR.
Its time we as a tribe settle these issues within our tribe and within our law and provide a forum to our members to bring issues like this forward and quit using the closed doors and high handed methods of settling them. The ball is in the election committees court, they will decide if this issue is settled internally or externally which may result in a continued divided tribe!!!!
Respectfully,
Darryl Olson
Mr. Shield requested a print out and was given one. After speaking to elected members on the council and election committee the above posting was deleted and a carbon copy sent to the office, council members, election committee and Robert Lafountain.
Mr. Olson, this will be the only warning you are given. Any more such posting will result in your IP banned and ISP contacted.
Admin of the LST website
Bruce Landrie
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