Renville v. Sisseton-Wahpeton Oyate Grievance Committee, (2005)

• Decision Date: 12 January 2005
• Docket Number: CV-05-05-04
• Parties: MARTHA RENVILLE PLAINTIFF/APPELLANT v. SISSETON-WAHPETON OYATE GRIEVANCE COMMITTEE AND MICHAEL PETERS, TRIBAL SECRETARY
• Court: Northern Plains Intertribal Court of Appeals

MARTHA RENVILLE PLAINTIFF/APPELLANT v. SISSETON-WAHPETON OYATE GRIEVANCE COMMITTEE AND MICHAEL PETERS, TRIBAL SECRETARY

No. CV-05-05-04

Northern Plains Intertribal Court of Appeals

January 12, 2005

Appeal from the SISETON-WAHPETON OYATE TRIBAL COURT LAKE TRAVERSE INDIAN RESERVATION AGENCY VILLAGE, SOUTH DAKOTA

Justice Michael Wagner, Justice Dennis Edward Johnson Justice Dave Christensen

OPINION AND DECISION

Martha Renville (herein "Renville") appeals a determination by the Tribal Court that the Decision of the Sisseton-Wahpeton Oyate Grievance Committee and Michael Peters, Tribal Secretary (herein collectively "Grievance Committee) that she be subject to Grievance Committee imposed sanctions for alleged work related complaints of Renville. Renville raised several issues that the process she was subjected to was unfair to her procedurally. Grievance Committee counter that the process was fair. Of particular concern by Renville is she never saw the complaints made against her, she was not informed as to who made the complaints, she did not have an appropriate hearing on the complaints and lastly she was not afforded an opportunity based upon her convenience for an exit interview following the determination that the complaints were valid.

Grievance Committee counters that Renville's appeal is untimely and she was treated fairly procedurally.

The record on appeal is sketchy. There is no transcript and the record on appeal appears to consist of the pleading filed by both parties, the decision from the administrative appeal to Tribal Court, and the documents filed in the attempt to appeal this matter.

Grievance Committee alleges that Renville failed to timely file this appeal. Renville does not contest this or deny this allegation of the Grievance Committee. Renville has not shown that her appeal was timely filed. The failure to answer this allegation in this appeal or deny the allegation or counter this argument could be accepted by this court as an admission by Renville that her appeal was untimely filed.

In state courts the untimely filing of a notice of appeal is considered jurisdictional, and an Appeals Court may be compelled to dismiss an appeal. LaRocque v LaRocque, 1998 ND 143 ¶8, 582 N.W.2d 645. We do not need to reach the conclusion that mandatory dismissal is required.

From the record we are not able to ascertain that Renville was not provided procedural due process or an opportunity...