Author: doubleup

The Ho-Chunk Legislature has acted in an unconstitutional manner, according to a ruling by the Ho-Chunk Nation Trial Court.

The Honorable Associate Trial Court Judge Mary Jo Hunter of the Ho-Chunk Trial Court issued the decision on Thursday, October 29, 2020.

The case was brought before the court by plaintiffs Ho-Chunk Nation President Marlon WhiteEagle and the HCN Executive Branch.

President WhiteEagle objected to the Legislature abusing its powers to reduce the Executive Branch budget by means of line-item budget reductions. WhiteEagle argued that the act crossed the line of the constitutional separation of powers, crossing the lines of branches of government. WhiteEagle objected that he was not allowed any input in decisions of how the money could be spent and what employees would be retained or be laid off.

Also, WhiteEagle challenged the Legislature approving a continuation of short-term budgets, which is not allowed by the Constitution.

According to Judge Hunter, a continuation of a temporary budget is allowed only in certain situations, such as when a particular department has not submitted its budget in time for approval by the Legislature. It cannot be used on a continual basis for the entire government, Judge Hunter determined.

“The Court determines that the manner in which the individually-named Legislators passed its continuing budget resolutions violated the Ho-Chunk Nation President’s constitutional powers under ART. VI,§ (2)(b)-(c) and (2)(1) of the Ho-Chunk Nation Constitution,” Judge Hunter wrote in her judgement.

The Ho-Chunk Legislature passed a resolution that would permit them to approve continuing short-term budgets. Judge Hunter deemed that unconstitutional.

“Therefore, the (Court) “hereby declares that the Appropriations and Budget Process Act 2 HCC § 4.5(g) is unconstitutional insofar as it permits successive continuing budget resolutions,” she wrote.

The Ho-Chunk Nation Constitution authorizes the Legislature to “authorize expenditures and appropriate funds to the various departments in an annual budget” and in accordance with the Ho-Chunk Nation Constitution, “the President of the Ho-Chunk Nation must be permitted input on in the budgetary process.” 

President WhiteEagle is pleased with the court’s decision.

“We function best when we empower the full use of each branch of the Ho-Chunk Nation government,” he said. “Our courts are there to interpret our laws and Constitution, and they did that in this decision.”

WhiteEagle believes that the legislative body has never really been challenged before this.

“They’ve never been put in check or had their authority questioned like this,” he said. “We hope this paves the way for more credence on Executive Department input in decision making for the best interest of the Nation and less misinterpretation of authority on legislative side of the house.”

WhiteEagle hopes the separate branches of Ho-Chunk government can move forward at this point and be respectful of each branch’s autonomy, as in the separation of powers.

“It’s a win for us, so we are happy with the decision,” WhiteEagle said.

HHCDA has recently provided an application for assistance. It is a combined application that allows HCN Members to apply for three areas of assistance with one application, although the most areas of assistance one could receive is two.

Rental Assistance up to $1400

Mortgage Assistance up to $2100

Elder Utility Assistance up to $350

At this time the rental assistance and the mortgage assistance is for new applicants only, meaning that if they have received assistance with rental or mortgage from HHCDA the past few months the applicants are not eligible.

Elders are eligible for utility assistance if they have received utility assistance.

The funds for this grant application are Federal HUD funds so there are some eligibility requirements that we will have to follow for income for some of the assistance.

The online fillable application link is below

https://ho-chunk.jotform.com/202867919720060

I have attached our pdf. Application that can be downloaded and submitted to us.

Policy guidelines can be found at our webpage at www.hhcda.com

Ho-Chunk Nation President Marlon WhiteEagle and Wisconsin Lt. Gov. Mandela Barnes wanted to observe Indigenous Peoples’ Day, Monday, Oct. 12, in a nature setting, one that represents the history of the Ho-Chunk people.

President WhiteEagle and Lt. Gov. Barnes met on Ho-Chunk land, the site of the former Badger Ammunition Plant, along with artist Melanie Tallmadge Sainz, to give a few moments of reflection at the mural “Earth, Sky, Water.”

The mural is located along the Great Sauk Trail, a blacktop path used for walking and bicycling.

Tallmadge Sainz created the mural, which has three layers of two murtals each. The top layer is the sky, the middle layer is water, and the bottom layer is earth.

“I came here today to celebrate Indigenous Peoples’ Day,” said Lt. Gov. Barnes. “I try my best to get out to experience culture in many different ways, especially our tribes in Wisconsin because their rich history is going to guide our past and our future.”

Lt. Gov. Barnes said he enjoyed being outside with nature, an appropriate way to observe Indigenous Peoples’ Day.

“This is one piece I wated to have a chance to see for myself,” he said. “I absolutely enjoyed the mural. I enjoyed the views – the beautiful scenery, the beautiful landscape we got here. So, I’m happy to be here and I’m looking forward to coming back.”

The UW-Eau Claire Geography Department visited the Ho-Chunk Nation on Monday, Oct. 5, to learn more about the Nation’s government, culture, and use if geospatial technology. The class had the opportunity to listen to President Marlon WhiteEagle speak about the Nation’s current government structure, while Heritage Preservation Officer Bill Quackenbush spoke on Ho-Chunk history and culture.

The presentation ended with UW-Eau Claire Geography alumni Nik Anderson and Wyatt Pajtash speaking on how the Nation utilizes different types of geospatial technology in the administration of Ho-Chunk lands.