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.