GENERAL COUNCIL RESOLUTION

RESOLUTION _____________________

 

DISSOLVE "TWELVE CLANS INC." (12 CLANS)

BOARD OF DIRECTORS


PREFACE:

Twelve Clans, Inc.(12 Clans) is a Section 17 corporation owned by the Ho-Chunk Nation. 

 

On February 19, 2020, 12 Clans Board of Directors refused to answer basic financial questions from our Executive Branch:

1.    How much are the12 Clans Board of Directors and those affiliated with 12 Clans paid?

2.    Are 12 Clans Board of Directors and/or those affiliated with 12 Clans allocated expenses (how much?), receive employee benefits, medical insurance, taking business trips, trips, vacation time, or sick leave?

3.    What is 12 Clans current balance?

 

Refusing to answer the questions from our Executive Branch is criminal. Criminal Misconduct is a Class H Felony in Wisconsin Law and Ho-Chunk Nation Law.

 

The 12 Clans Board of Directors shall be removed and prosecuted.

 

CONSTITUTION AND LAW:


Article IV, Section 3(a) of our Constitution states approved GC Resolutions "shall be made into laws." A Legislative document that does not create law is in violation of the Constitution.

 

Article III, Section 3 "No branch of the government shall exercise the powers or functions delegated to another branch." The Attorney General shall not interfere with the Constitution flow path of an approved General Council Resolution. (A Legal Opinion is prohibited prior to creating Legislative law.)


Weekly email communication shall be maintained between the General Council Member presenting this General Council Resolution and the Legislature Branch/Executive Branch Elected Officials until the "law" has been implemented and finalized.

 

General Council mandates the Legislative and Executive Branch's to maintain strict adherence to any/all Ho-Chunk Nation laws, City laws, County laws, State laws, Federal laws, corporate charters, and/or corporate bylaws when dissolving 12 Clans Board of Directors and those affiliated with 12 Clans.

 

PURPOSE:

 General Council mandates the following. Items are not in chronological order:

1.  12 Clans Board of Directors shall liquidate investments and transfer funds to the General Council Administration Fees Line Item

2.        Dissolve 12 Clans Board of Directors and those affiliated with 12 Clans.

3.        12 Clans shall sit stagnant unless the Ho-Chunk Nation is required by law to create a new Board of Directors. 

4.     nbsp;   Notify Wisconsin and any other entities required by law that 12 Clans Board of Directors was dissolved.

5.        A Forensic Audit shall be conducted on12 Clans. The Ho-Chunk Nation shall initially pay for the Forensic Audit, then reimbursed from the General Council Administration Fees Line Item

6.      A Forensic Audit shall be conducted on the personal accounts of past and present 12 Clans Board of Directors and those affiliated with 12 Clans. The Ho-Chunk Nation shall initially pay for the Forensic Audit, then reimbursed from the General Council Administration Fees Line Item.

7.  If Forensic Audits reveal 12 Clans Board of Directors and those affiliated with12 Clans stole our property, they shall reimburse the Forensic Audit fees.

8.   If required, our Justice Department or the required legal entity shall implement court orders to conduct personal Forensic Audits.

9.   Forensic Audit results shall be posted in the Hocak Worak. The results shall be simplistic, such that a 5th Grader can read and comprehend.

10.   A separate formal report of the Forensic Audit results shall be made available to General Council Members requesting. There shall be full disclosure in the formal report from the Forensic Audit results.

11.   The General Council Member presenting this Resolution shall be directly involved with selection of an appropriate company to conduct the Forensic Audit.

12.   The 12 Clans liquidated assets shall be deposited into the General Council Administration Fees Line Item on or before sixty (60) days after this Policy is passed by General Council. 

13.   12 Clans liquidated assets will help pay toward the Nation's debt to PNC Bank for the multi-millions of dollars the Ho-Chunk Nation Elected Officials borrowed for casino upgrades. 

14.   If applicable, our Justice Department shall prosecute 12 Clans Board of Directors and those affiliated with 12 Clans to the fullest extent of Ho-Chunk Nation laws, City laws, County laws, State laws, and Federal laws.

15.  If the Forensic Audits reveal 12 Clans Board of Directors and those affiliated with 12 Clans stole from the Nation, they shall reimburse the Ho-Chunk Nation for any/all monies and properties stolen.

16.  Reimbursement includes anything of monetary value stolen from 12 Clans. Reimbursement shall be accomplished by garnishment of wages, deductions from Per Capita, seizing personal bank/saving accounts, seizing property(s), or any legal method for reimbursement to the Nation.

17.  Payment receipts to PNC Bank shall be emailed to the General Council Member presenting this General Council Resolution and posted in the Hocak Worak. Our balance shall be included with each receipt.

 

Weekly email communication updates shall be maintained between the General Council Member presenting this General Council Resolution and the Legislature Branch/Executive Branch Elected Officials until referenced Steps 1 - 17 have been completed.

 

The Legislature and Executive Branch Elected Officials have sixty (60) days to implement law mandated in this Policy. Failure to implement law within sixty (60) days shall result in a $10,000.00 fine assessed to the Legislature/Executive Branch Elected Officials and Legislative Branch Attorney Michael Murphy as follows:

 

1.         A $10,000.00 fine shall be levied against each Legislature/Executive Branch Officials that failed to convert this Policy into "law" within the sixty (60) days prescribed by Article IV, Section 3(a) of our Constitution.

2.  A $10,000.00 fine shall be levied Legislative Branch Attorney Michael Murphy who failed to convert this Policy into "law" within the sixty (60) days prescribed by Article IV, Section 3(a) of our Constitution.

3.         If this Policy is not implemented into "law" within sixty (60) days our Justice Department shall investigate why the Legislature/Executive Branch Officials and Legislative Branch Attorney Michael Murphy failed to comply with this Policy and Constitution.

4.        On completion of the Justice Department's investigation of this Policy, dependent upon results, the Justice Department shall order a $10,000.00 fine against all Legislature/Executive Branch Elected Officials and Legislative Branch Attorney Michael Murphy

5.        Said fine shall be garnished from Legislature/Executive Branch Elected Officials and Legislative Branch Attorney Michael Murphy's paycheck and Per Capita payments until paid in full and fines allocated to the General Council Member presenting this Resolution.

6.   Every three (3) months the Legislative/Executive Branch Elected Officials and Legislative Branch Attorney Michael Murphy serving the Nation at 2020 General Council shall be fined an addition $10,000.00 until said Policy has been implemented and fines allocated to General Council Member presenting this Resolution.

 

CONCLUSION:

General Council mandates the Legislative/Executive Branch's strict adherence to any and all Ho-Chunk Nation, City, County, State, and Federal laws, corporate charters, or corporate bylaws when dissolving 12 Clans Board of directors and all others affiliated with 12 Clans.

 

General Council mandates weekly communication be maintained between the General Council Member presenting this Resolution and Legislature Branch/Executive Branches as described in the "Purpose" section.

 

Implement and enforce law in accordance with items 1 - 17 referenced above.

 

If procedural changes are required to implement this Resolution into law, the Legislative/Executive Branches shall work with the General Council Member presenting this Resolution to revise the Resolution so that law can be implemented and enforced.

 

This Policy/Resolution goes into effect at the conclusion of the 2020 Annual General Council Meeting.

 

Failure to meet all criteria specified in this Policy/Resolution shall result in described fines imposed against the Legislature/Executive Branch Elected Officials and Legislative Branch Attorney Michael Murphy.

 

CERTIFICATION

I, the undersigned, as Secretary for the Ho-Chunk Nation General Council, hereby certify that the General Council of the Ho-Chunk Nation, composed of ______ members, of whom ________ constituting a quorum were present at a meeting duly called and convened and held on the _____ day of September 2020.