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Chairman Mark Fox’s response to the Black Hole Award fails to address why he won the ‘shameful award’
A new Letter to the Editor shines light on the Mark Fox Administration's evasive tactics to limit tribal transparency. Photo created by Sara Marcum.
We have read Chairman Mark Fox’s response to his administration being awarded the Society of Professional Journalists “Black Hole Award,” as reported by KXNET News on March 20, and other news outlets. We are very disappointed as his statement is evasive, misleading, and completely fails to address the lack of financial transparency by his administration which was the basis for this shameful award.
Howard Goldberg, a retired New York Associated Press bureau chief, was among a committee of national journalists who reviewed the nominations. The Society of Professional Journalists Freedom of Information Committee received two separate applications from tribal citizens of the Three Affiliated Tribes. Mr. Goldberg, one of the SPJ Freedom of Information Committee members who judged the award, said this of the nomination:
“Officers of the North Dakota-based Three Affiliated Tribes have erected a stunning wall of secrecy around how they spend the hundreds of millions of dollars a year they receive in tax revenue, oil and gas royalties, and income from their large casino and hotel in Fort Berthold.”
And Shannon Shaw Duty, an Osage News Editor, also reviewed the nominations for the Black Hole Award, said: “This case appears to be a prime case study in how secrecy regarding use of public funds undermines the faith in government.”
The constitution and bylaws of the Three Affiliated Tribes specifically states the receipts and expenditures by the Tribe “shall be matters of public record at all times” and the Treasurer of the Tribe “shall report on all receipts and expenditures . . . to the Council at regular meetings and . . . his reports [are] to be in writing and matters of record.” Our Bylaws also mandate “the books and records of the Treasurer are to be audited at least once each year by a competent auditor . . . .”
Anyone can visit the Tribe’s website and reviews all the minutes of meetings held under the Mark Fox administration and see the Treasurer never provides a written report of the receipts and expenditures of the Tribe that is a matter of record.
“This case appears to be a prime case study in how secrecy regarding use of public funds undermines the faith in government.”
Shannon Shaw Duty, Osage News Editor
The Mark Fox Administration failed to provide annual audits for 2019, 2020, and 2021. Chairman Fox doesn’t even deny this. Moreover, the 2018 audit findings indicate his administration has improperly handled Tribal funds.
We submitted our resolutions to the tribal council on March 8 along with five letters requesting the treasurer and Chairman Fox provide specific financial information. Our information request packet was given to Councilman Fred Fox’s secretary. As of April 2, we have received no response.
The Mark Fox Administration’s egregious disregard for the specific financial transparency requirements in our constitution and bylaws is unacceptable. He has demonstrated he is not beholden to our Constitution or us tribal members. Thus, we believe it is time for us tribal members to take action and force financial accountability and transparency upon the Tribal Business Council.
Carol Good Bear and I, Terry Fredericks, have drafted and proposed seven resolutions to the Tribal Business Council. One of the resolutions requires the Tribal Business Council to publish all tribal receipts and expenditures on the tribe’s website.
In the coming days, we will be asking all our tribal members to sign a petition for a referendum vote on the seven resolutions we have proposed. Please join us in our effort by sending us your contact information at redowl23@gmail.com.
When we receive this information, we will send you a packet of the proposed resolutions. We will also add you to our e-mail list so you receive constant updates and information concerning our referendum efforts.
We understand similar constitutional efforts are underway with other groups on the Fort Berthold Reservation, which illustrates the overarching concerns among a growing number of tribal citizens concerned about the current state of tribal governance.
We’re simply trying to represent 18,000-plus enrollees of the Three Affiliated Tribes. We want a good government. We want our elected officials to follow the constitution and bylaws that have been established and approved by the Interior Department. We’re asking the Secretary of Interior to fulfill their trust responsibilities to the people of the Three Affiliated Tribes.
We know Chairman Fox will oppose our efforts as he is already denied others the right to petition the Tribal Business Council for a referendum vote. This does not discourage us, as we are committed to fighting for what is right. We will utilize the courts and every other available resource to obtain the accountability and transparency required by our constitution and bylaws. Please join us in our efforts. There is real power in numbers, and we need all of you to support us if we are to be successful.