Pubdate: Wed, 21 Nov 2007
Source: Rapid City Journal (SD)
Copyright: 2007 The Rapid City Journal
Contact:  http://www.rapidcityjournal.com/
Details: http://www.mapinc.org/media/1029
Author: Bill Harlan
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

TRIBAL COUNCIL DRUG-TEST ORDER SUSPENDED

Members of the Oglala Sioux Tribal Council who were  suspended for not
taking a drug test have been  reinstated, after a tribal judge struck
down the  requirement.

In October, the tribal council passed a resolution  requiring members
and other elected officials to take a  "hair follicle" drug test.

The ordinance was in response to the arrest in New  Mexico of
Councilman Don Garnier, who faces a federal  charge of possession of
marijuana with intent to  distribute it.

Tribal Judge Lisa Adams earlier this month upheld the  test for
council members but struck down the  requirement for the tribe's treasurer.

On Nov. 7, a motion to rescind the drug-test  requirement order failed
by a vote of 12-2 of the  tribal council.

Last week, however, Judge Adams killed the measure "in  its entirety
for vagueness," according to documents  faxed to the Rapid City
Journal from the office of  Oglala Sioux Tribe President John Steele.

At least 11 tribal officials took the hair-follicle  test, as did
Steele.

Two council members refused, arguing the council had no  authority to
pass the ordinance.

Three council members took a urinalysis test for drugs
instead.

One council member's test was canceled when the machine
malfunctioned, and another couldn't take the test  because his hair
was too short.

Garnier, who refused the test, remains suspended  pending the outcome
of charges against him.

It was unclear how many council members had actually  been suspended
for failing to take the test, but the  question apparently is moot.

In a written memo to tribal council members, also faxed  to the
Journal, Steele said tribal officials suspended  were reinstated with
pay.

Steele was unavailable for comment Wednesday.
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MAP posted-by: Derek