Separation of powers is needed

Editor,

In all of the recent turmoil over the Tribal Council's reorganization, I was surprised that no one mentioned what I believe to be the primary issue, and that is the lack of separation of powers in our tribal government. However, the letter writers and those people who have spoken up at the meetings should be commended.

Why is the council taking the actions they are in the administrative reorganization? Simple: Because they can. Who is going to stop them? The fundamental principle of any democratically elected representative government is checks and balances. Therefore, no separation of powers — no checks and balances.

The reasons given by tribal officials for moving forward with the reorganization are the duties, with the exception of grant writing, that should be carried out by the Tribal Council, particularly the Council officers, including the executive secretary. As I understand it, the duties referred to are preserving the trust, treaty sovereignty issues, maintaining and enhancing the government-to-government relationships, and maintaining and overseeing the council's relationship with its membership.

It seems to be a given that the Tribal Council has reached a workload overload that can't be handled under the existing structure. However, I believe a better plan would be for the council to appoint a separate Chief Executive Officer (CEO) to manage the departments, and take the council and its officers out of the day-to-day management of the departments' business.

This action would free up more of the council, and the executive secretary's time to more closely address their constitutional duties. I also believe it would not only be a more efficient operation, but would also be less costly.

The other variation would be to move the executive secretary into the CEO's position and appoint another executive secretary from either within or outside of the council membership. More importantly, this suggested action would more closely conform to the letter and spirit of the Tribal Constitution.

The council's present proposed plan reaffirms single power government. Single power governments lead to repressive systems, which lead to apathy and fear. I have been very hesitant about writing this letter for fear of retaliation, not only against myself, but also against friends and relatives, even though I believe in my mind and heart that what I am saying is right. There is a serious question in our present system whether I have the right to say what I have said here. Free speech and a free press, constitutional rights … or?

I have heard such negative descriptions of our governmental system as a benevolent corporate dictatorship, and not always so benevolent if you don't go along with the party line, which leads to a privileged and powerful class who do not have to go by the same rules as the rest of us.

We have often prided ourselves in being recognized as a progressive and efficient tribal government, at least in comparison to other tribes in Montana. Hopefully, we can continue that pride and optimism for the future. However, I believe dissension is far more pervasive in the tribal membership now than in any other time in my memory.

However, I believe that what we all want, including the Tribal Council, is to avoid trivial political mudslinging. I believe it is about how we are all living now. An old saying goes as follows: "Time changes everything, and with the grace of God, those changes will be for the better."

Or maybe Bob Dylan said it better in his cultural classic protest song, "The Times They Are a'Changing."

Wyman J. McDonald

Ronan