My name is Avery Black Bear and I am seeking justice concerning my employment issue. I was terminated from Rosebud Law Enforcement Services Aug. 6, 2008.
The investigation that caused my termination violated my due process rights. I followed the Rosebud Sioux Tribe’s administrative policies and procedures for grievances. A hearing was held before the Grievance Committee Sept. 2, 2008. On Sept. 4, 2008 the Grievance Committee ruled in my favor and reinstated me to my position as a law enforcement officer. As of today I have never been reinstated according to the Grievance Committee decision and I am still attempting to return to my place of employment for well over a year.
A landmark case in the Rosebud Sioux Tribe Supreme Court ruled in Cordier v. Rosebud Sioux Tribe and Kindle v. Cordier (1998) that the Rosebud Sioux Tribe is bound by law to adhere to Grievance Committee decisions and the appellants were in violation of Ordinance 86-06 for refusing to recognize the decision of the Grievance Committee.
I am currently in a similar situation where the tribal president and Rosebud Law Enforcement Services are refusing to recognize the Grievance Committee decision to reinstate me. I recently filed for an application for Writ of Mandamus in Rosebud Tribal Court to seek an order to have the tribal president and Rosebud Law Enforcement Services to comply with the decision of the Grievance Committee. My case is public information and is filed under Black Bear v. Rosebud Sioux Tribe, et al., Civil Docket 09-487 (2009).
I find it mind boggling that I would have to file in court when precedence has already been set by the Supreme Court that the Rosebud Sioux Tribe is bound by law to adhere to Grievance Committee decisions.
I strongly believe because I would not give up on this issue it has become personal to some and tiresome to others, but if I was to give up nothing would be done to change the way our laws are being ignored. It was never my intention to cause animosity with anyone; my persistence is for the fight of my rights and this no one can take away from me or stop me from doing.
I urge people to learn about civil and due process rights so they are fully informed of their legal remedies and fight for what is right. I would not have filed in court if I did not have a legitimate case in which to file.
The people of the Rosebud Sioux Tribe need to be informed about the injustice I have endured by my own tribe and that I am not just fighting for myself but for all of you.
– Avery Black Bear
Rosebud Sioux Tribe member