Tribal Court Hiring Policy Violation: New Assistant Prosecutor Details

By Louis Montclair

For The Journal

Tribal leaders violated their policy when they hired a new Assistant Prosecutor to work at the Tribal Courts.

During the December 9, 2024 full board meeting, the council voted to approve the hiring of Justiss Toavs to the Assistant Prosecutor Position. Everyone with the exception of Stacey Summers, Carolyn Brugh, Marva Chapman, and Roxanne Gourneau voted for Toavs. Councilman Bryce Kirk was absent.

According to the motion, Toavs was permanently appointed to the position to reflect a grade 11, step 1, at $21.36 an hour. Toavs was previously the Human Resources Director until she resigned.

According to the Tribes policies and procedures, anyone who is hired to the Tribes must undergo a 90 day probationary period before they are hired permanently. During this time they are not

During the meeting, there was a question raised about this appointment.  Councilwoman Summers said Lead Prosecutor Adrianne Weinberger wanted this sent back to committee because this did not follow procedure.

Chairman Justin Gray Hawk said it was up to the council to decide what they wanted to do.

Councilman Jestin Dupree said these positions have been vacant for awhile and he didn’t see why they couldn’t fill them right now.

Before they passed this motion, it was added to the resolution “contingent upon completion of Tribal Bar Exam.”

The following are highlights from the full board meeting.

Award for?

Fort Peck tribal leaders approved of giving an Office of Environmental Protection employee a small bonus for her work.

The motion states it would give Olivia Holstein $500 for all of the work she has done for the Tribes.

Holstein has been working for the Tribes OEP program since the Tribes were included in the Solar For All in Indian Country.

“Solar for All in Indian Country” refers to the U.S. Environmental Protection Agency’s (EPA) “Solar for All” program, which specifically aims to provide funding and support for Native American tribes and communities to access and utilize solar energy, allowing them to benefit from clean energy options and reduce their reliance on traditional, often expensive electricity sources; essentially bringing the advantages of solar power to low-income and disadvantaged Native American communities.

However this did not come without criticism.

Councilwoman Brugh said there are a number of employees working for the Tribes that dedicated their entire lives to the tribal government and they don’t get the same treatment.

The final vote was called and it was seven for, and four (Dupree, Brugh, Summers, Terry Rattling Thunder) opposed and one absent.

In a related motion, the council approved the Climate Steering Committee to apply for up to $150,000 from the “Mountains and Plains Environmental Justice Grant.”

The Mountains and Plains Environmental Justice Grants Hub (MAP EJ Grants Hub) is a collaborative effort that provides funding and technical assistance for environmental justice projects in disadvantaged communities in the United States, including Indian Country.

Carry Over funds

Tribal leaders approved the FY2024 Carryover in the amount of $120,03.58 and $33,021.31 added into the FY2025 budget under Public Law 93-638 contract identified as a Tribal Court Contract.

Another approved carry over for the Tribal Courts was for $659,893.31 added into the FY2025 Budget under PL 93-

638 contract.

The Tribes Natural Resources Program proposed carry over budget of $368,657 from FY24 to FY25 was approved.

JDC

Child inmates at the Juvenile Detention Center were approved to get continued education credit while in placement at JDC.

According to the resolution, the Chairman is authorized to sign all memorandums of understanding to get the students assigned to JDC continued education credit while incarcerated in JDC.

The JDC building has been closed after inmates destroyed the insides. Since then, children who are charged with crimes have been either released or are being held in the old Fort Peck Tribal Jail.

ARPA

The council approved the American Rescue Plan Act Program’s request to hire Michael Clark as a seasonal construction laborer until all ARPA projects are complete and funding availability ends.

In a related motion, the council authorized the ARPA program to occupy the Fort Peck Tech building until all projects are complete.

HIP

The Housing Improvement Program will continue, at least for the next three years.

According to the resolution, the council authorized a new three year term Housing Improvement Program contract to provide housing improvement services on the reservation, using the current statement of work.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.