The Native American Press (Bemidji, Minnesota), 1992-06-26

              Controversy erupts over hiring Benton at HOTESS
By Gary Blair
Controversy has come to Heart of
the Earth Survival School (HOTESS)
over the recent hiring of Edward
Benton, "Banai" as the school's new
executive director. Benton who is
from the Lac Courte Oreilles
Chippewa Reservation in Wisconsin
is no stranger to controversy. The last
time he was under fire was in the mid
1980's as director of the Red School
House in St. Paul.
Benton was the focus of a state
legislative audit in 1984, but was
never charged in that investigation
even though a report was sent to both
the attorney general's office and the
Ramsey County Attorney's office
recommending prosecution.
The report disclosed several
improper payments by the St. Paul
Inter-tribal Housing Board, Inc., for
Edward J. Benton, vice-chairman of
the board, and his wife, based on a
false application for   housing
assistance.
There was also an improper
payment of $27,000 by the board to
Earthways Builders and Contractors,
Ltd., a company incorporated by
Benton, and improper payroll
advances to the board's executive
director.
Further investigation ofthe $27,000
disbursed to Earthways Builders
revealed that part of these public
funds were spent for other than urban
Indian housing and also revealed that
the corporation had not paid state
sales tax on several major purchases,
including the purchase of kitchen
appliances for Mr. Benton's personal
use.
Clyde Bellecourt, chairman of
HOTESS board of directors, is
accused of being the cause of
Benton's hiring. At a recent school
board meeting Bill Pensoneau, a
Ponca Indian from Oklahoma who
has worked at the school as a
curriculum developer, leveled
numerous complaints about
Bellecourt and Benton.
In a letter that was sent to HOTESS
parents Pensoneau wrote, "The
method of selecting Ed Benton was a
farce--one personnel committee
member called it a 'sham'." The letter
said, "It is a shame the way Clyde
Bellecourt has railroaded Ed Benton
into the position."
Pensoneau went on to discuss the
ramifications of hiring Benton. "The
hundred thousand or so dollars which
HOTESS receives from foundations
will be in immediate jeopardy with
Benton at the helm because all the
foundation officials talk to each
other."
The school has an annual budget of
1.5 million dollars and is reported to
be in sound financial condition at
present.
Pensoneau's letter continued,
"Their hearts are not forgiving and
trustful. Their wallets have
memories. A tentative offer from
Grand Metropolitan is reported to
have been withdrawn from
HOTESS because of the news of
Benton's hiring." The Press was
unable to confirm whether Grand
Metropolitan was withdrawing their
financial support of HOTESS due
to the hiring of Benton.
Pensoneau's letter also disclosed
that a staff member at Benton's last
place of employment, the Lac
Courte Oreilles Ojibwe School, had
filed a sexual harassment complaint
against him. This was according to
a letter from attorney James
Balmer, of Duluth, whose firm is
representing the plaintiff.
Pensoneau claims Bellecourt told
the HOTESS committee not to do a
background check on Benton. He
also claims that there is no evidence
a check was ever done.
Pensoneau's message was not
welcomed by most who attended
the school board meeting. Even
more anger arose when he told
them that some members ofthe
HOTESS staff and student
population were already leaving
because of Benton.
One AIM member wanted to
have Pensoneau fired for writing
the letter about Benton. Bellecourt
said at the opening of the meeting,
" It hurt me to know that someone
would write such a letter about my
brother Eddie, (AIM brother)."
Press sources close to Bellecourt
report that he is also the chairman
of the American Indian Opportunity
Industrial Center and was on their
personnel committee when they
recently interviewed candidates for
their director's position.
One of the candidates he rejected
for the position of director was one
of the people named in the
legislative audit involving Benton
in 1984. Bellecourt, it was believed,
rejected that candidate for the
director's position for that reason
alone.
Later on in the meeting, Bellecourt
passed out a three page letter from
attorney Larry Leventhal, as well as
a letter from a parent who praised
HOTESS for helping his child. The
letter from Leventhal systematically
challenged Pensoneau's letter about
Benton. Press sources at the Lac
Courte Oreilles Reservations said
they know attorney Larry Leventhal
and didn't want to comment because
they didn't want to offend him
publicly. But one did say, " I wish
Larry would have contacted us first
before he wrote that letter; he
doesn't know what Eddie did here."
Pensoneau stated, "I came forward
and took a risk for the kids. I am
planning on having my children
attend the school next year."
Beaulieu must repay $3700 to state
By and For the Native American Community
Gov. Arne Carlson has told
Human Rights commissioner David
Beaulieu to repay the state more
than $3,700 for private consulting
work done on state time.
Beaulieu completed a consulting
contract with the BIA to evaluate
Indian education programs after
being named commissioner last
summer.
It was determined by Thomas M.
Gilbertson, the governor's legal
counsel, that Beaulieu charged the
state for 13 days of his time, staff
time, telephone calls and mailings
associated with this consulting
contract.
The governor's office does not feel
that there was intent to defraud the
the state on Beaulieu's part so there
will be no disciplinary action taken
against him. He is required to to
make the repayment, however.
Beaulieu acknowledged that he did
consulting work during regular work
hours, but said that he worked
weekends and evenings to complete
state business. He does not feel that
he shorted the state at any time.
Rather than trying to account for
every hour he has agreed to make
restitution and would like to put the
whole thing behind him. He is
finished with the BIA contracts.
James Nobles, the Legislative
Auditor who conducted the
investigation concluded that from
September 1991 to April 1992
Beaulieu used some state time,
phones and mail services for private
consulting work and also found
evidence that departmental clerical
staff time was used to type a report.
Beaulieu is reported to feel a sense
of relief that this matter is now
concluded and that the department
can continue to move ahead with the
restructuring and development of the
agency currently underway.
Bea'ilieu is the fourth human
rights commissioner in the Carlson
administration. The last one, Frank
Gallegos, was fired last year after
another report by the legislative
auditor said he spent more than $300
in state money to pay for alcoholic
beverages at a staff appreciation
dinner.
F«*
e&
Native
American
Press
St. Paul mayor reacts to hate crime
We support Equal Opportunity For All People
A Weekly Publication
By Eric Lai
St. Paul Mayor Jim Schiebel,
speaking to a Minnesota Minority
Media Coalition luncheon for
'Young Urban Writers' on Monday,
expressed disappointment that the
St. Paul bias-crime ordinance was
struck down by the Supreme Court.
Earlier this week, the United
States Court struck down as
unconstitutional St. Paul's
bias-crime ordinance. In a 9-0
decision, the court decided that the
law violated the First Amendment
guarantee of free speech.
Justice Antonin Scalia, who wrote
the majority opinion, stated "Let
there be no mistake about our belief
that burning a cross in someone's
front yard is reprehensible. But St.
Paul has sufficient means at tis
disposal to prevent such behavior
without adding the First Amendment
to the fire."
Scalia argued that the St. Paul
ordinance violated the First
Amendment because it was too
narrow. The ordinance, in
prohibiting 'fighting words' that
insult or provoke violence "on the
basis of race, color, creed, religion
or gender," imposed special
limitations on speakers expressing
unpopular views concerning these
issues.
Justice Harry Blackmun, in his
concurring opinion, felt that the
Court may have actually weakened
the First Amendment by forbidding
categorization of types of speech or
acts. He also warned that the "court
has been distracted from its proper
mission by the temptation to decide
the issue over 'politically correct
speech' and 'cultural diversity'."
Schiebel said that while he had
expected the law to be struck down
because it was a rather broad
ordinance, he was nevertheless
unhappy that the Supreme Court in
its decision did not support the
ordinance for acts committed on
private, rather than public property.
"There is an important difference
between (hateful acts committed at)
the State Capitol and private
property," said Schiebel. He said
that "as a community, we can say
that these acts will not be
tolerated...St. Paul will continue to
be a leader on these sorts of cases."
St. Paul officials said on Monday
that they will attempt to pass a new
bias-crime ordinance. But an official
at the Mayor's office said that work
on the new ordinance has not started
and that it may not appear for more
than a few months.
The court decision was prompted
by the case of Robert Viktora, who
was charged with burning a cross in
1990 on the lawn of an
African-American family, the Jones.
The Jones had recently moved into
the racially mixed Dayton's Bluff
neighborhood on St. Paul's East
Side.
All but two states have some sort
of hate crime statute and 17 states
actually have a statute on
cross-burning. These laws differ
from St. Paul's because they
increase penalties for crimes already
on the books rather than create a
new category of crime. Vandalism
laws, for example, decree higher
penalties for action perpetrated with
an obvious bias against the race or
religion of the victim.
Minnesota possesses laws which
enhance penalties for these
bias-motivated crimes. St. Paul had
the option of prosecuting Viktora
with trespassing and arson, but
chose to use its new bias-crime
ordinance instead.
St. Paul bias-crime ordinance-
"Whoever places on public property
a symbol, object, appellation,
characterization or graffiti, including
but not limited to a burning cross or
Nazi swastika, which one knows or
has reasonable grounds to know
arouses anger, alarm or resentment
in others on the basis of race, color,
creed, religion or gender, commits
disorderly conduct and shall be
guilty of a misdemeanor."
(Reprinted with permission from the
Asian American Press, June 24,
1992.)
Foundedin1991
Volume 2 issue 7
June 26, t992
Copyright, The Native American Press, 1992
Judge dismisses Bois Forte election protests
An election protest at the Bois Forte
Reservation was dismissed Tuesday
when Judge Richard Tanner ruled
that complaints about a candidate's
residency should have been made
before the election.
The ruling by Tanner, a tribal
election judge, leaves Gary Donald
the newly elected chairman of Bois
Forte. Donald, who served as
chairman from 1976 to 1984, has
been working in Bemidji, where he
has a second home. His permanent
residence is on the reservation's
Lake Vermilion sector.
Plaintiffs Wendell Drift and
Marvin Knott, who both lost to
Donald in the recent election, had
argued that the housing arrangement
disqualified him for candidacy under
the tribe's constitution. But Tanner
ruled that they shuold have voiced
their complaints after Donald was
certified for candidacy, not after the
election.
Drift and Knott said after the
hearing that there are no hard
feelings toward Donald, but they are
concerned that the issue of residency
remains unclarified.
"Anybody can file now—from
Duluth or Minneapolis or Virginia,"
Knott said, adding that he intends to
appeal the decision.
Minnesota Chippewa Tribe
Executive Director Gary Frazer said
there are two possible avenues for
election protest appeals. Tribal
officers can convene a panel of
reservation judges to hear them or
appeals could be taken to a standing
appellate court on the Mille Lacs
Reservation. Only Mille Lacs of the
tribe's six bands has a separate
judicial branch.
(Reprinted with permission from
the Duluth News-Tribune, June 24,
1992.)
Top photo, HOTESS in Minneapolis, scene of controversial hiring. Bottom photo, Camp Justice press
conference seated (L-R) Marvin Manypenny, Marge Mc Donald, Erma Vizenor and Justice supporters.
Update on White Earth Reservation election controversy
By J.C Ortiz
Camp Justice members called for a
press conference on Tuesday to
address several issues. The White
Earth Candidate Election Protest
Hearing, the June 9th election and
ballot boxes, also comments
concerning the Peter Charette
incident.
The White Earth Reservation
Tribal Council (RTC) has scheduled
a Candidate Election Protest Hearing
on Thursday morning at the
Shooting Star Casino, in Mahnomen.
Presiding over the hearing will be
Richard Tanner, the Executive
Director of the Minnesota Chippewa
Tribal Election Department.
Camp Justice maintains that the
White Earth Reservation elections
are "rigged and dishonest."
Therefore, members stated that they
would not participate, attend or
protest at the "bogus hearing",
further contending that the election
hearing is a "sham of justice and
fairness," explained camp members.
Camp members stated, that they
do not support or endorse candidates
for tribal office. Camp Justice claims
to represent a broad and large
constituency of tribal members who
want open government, fair
elections, accountability in funds
and programs, a constitutional
convention and separation of
powers..
On Tuesday Chairman Darrell
"Chip" Wadena was reported to be
out of state and could not be reached.
No other RTC members were
available for comment.
Protestors say they rightfully
possessed two ballot boxes, one from
Pine Point and the other from White
Earth. Stating the "election boxes are
now in safe-keeping until the fraud in
this election is cleared up."
Last week, Chairman Wadena
reiterated that he had been in contact
with the U.S. Department of Justice
in Washington, D.C, and state
officials regarding possible
prosecution of individuals "who
stole" the contents of two ballot
boxes.
Erma Vizenor stated that camp
members went to see the U.S.
Attorney on the 16th. In their
conversation, the U.S. attorney stated
that no complaints had come into
their office at that time. "We then
filed a complaint against the White
Earth RTC office for using program
monies to fradulently elect Darrell
Wadena," said Vizenor. She said they
have evidence that program money
was used in large amounts.
Camp Justice members stated that
they did not deny anyone's right to
vote on June 9th. "A voter's ballot is
dead at the ballot box. Hundreds and
hundreds of forged absentee ballots
actually determine the outcome of
every tribal election on White Earth
Reservation. A person's vote does
not count."
Last week Wadena said, " If
Becker county law enforcement
decided not to prosecute the guilty
parties, then the RTC will ask
Minnesota state officials to
intercede."
The RTC is also considering filing
a malfeasance action against Becker
County officails if they choose not
to prosecute. Wadena indicated that
the RTC is still awaiting answers
from the U.S. Department of Justice
on a determination of whether the
stealing of uncounted votes in the
two ballot boxes constituted a civil
rights violation against those White
Earth Reservation members who had
already cast their election ballots.
Marvin Manypenny commented,
"we have to take a look at what he's
(Wadena) doing to Becker County,
either you prosecute them (Camp
Justice) or he's going to sue for
malfeasance. If that's not
intimidation I don't know what is."
In January 1992, Becker County
prosecuted White Earth tribal
members. The county lost the 53
criminal trespass cases. Darrell
Wadena claimed sovereign
immunity and did not respond to any
subpoenas. The court trial cost
Becker County taxpayers an
estimated $70,000.00.
Camp members stated that "we
have an incomplete government
here. That's what we've been trying
to tell people. We have resistence
from the administration. He's a
dictator, other council members do
not participate the way they should.
We're supposed to have a
representative government. We
don't because Wadena calls the
shots."
"Chip is supposed to represent all
the Anishinaabeg who reside on the
reservation and who are enrolled
collectively. For Chip to
discriminate against people who
didn't vote for him is BS."
Camp Justice members went on to
state, "In 1987 the Minnesota
Chippewa Tribe (MCT), as a whole,
was in favor of holding a
constituional convention, but Chip
as Tribal Excutive Committee (TEC)
chair overruled the request, and has
continued to block such a
convention thus far."
"According to the constitution all
candidates in an election must win
by a majority. Kent Tupper has
interpreted the majority to mean
plurality (whoever gets the most
votes). That in itself was an
interpretation, but has in fact been
acted upon like an amendment," said
Marvin Manypenny.
"However in our estimation it is
illegal because our constitution has
not been amended, because there has
been no constitutional convention as
required by law to change the
constitution," Manypenny
concluded. "The majority should
mean 50 percent plus 1 of the
eligible voters."
Lowell Bellanger commented, "
the BIA, the Department of Interior
wrote, approved, and signed our
constitution. Yet they put no teeth in
it whatsoever, there is no
prosecutional clause in case of fraud.
It has been exploited to the point
where it has kept Chip Wadena in
office for the last ten years. The
BIA, Dept. of Interior tell us it is a
rigid document and we must live
within it. If they wrote and signed it
they should back the document up.
Yet when it comes time to enforce it,
they claim they don't have
jurisdiction or authority."
Last Friday Camp Justice
members met with Earl Barlow, BIA
Area Director, and Frank Annette,
Minnesota Agency Superintendent,
to request the BIA not to recognize
the alleged frauded June 9th
election. Camp members called the
BIA passive at that meeting. BIA
officials then directed them to
congress to deal with their concerns.
Camp members said that they will
continue to gather signatures for
their petition from tribal members,
despite Wadena calling the effort
moot.
Next week Camp Justice members
will meet with Senator Paul
Wellstone Thursday afternoon at the
Peace Center. When asked about the
meeting, Erma Vizenor commented,
"one question we want to ask
Senator Wellstone is how long is the
U.S. government going to continue
to condone fraud? Are federal
dollars going to continue to churn
fraud within our tribe?"
There are 18,000 eligible White
Earth Reservation voters. This year
less than 1,000 people voted in the
June 9th election which represented
less than 6 percent of the total
eligible voters.
Camp members contend that they
asked the tribal members not to vote
on June 9th and that 70 percent of
those that voted in 1990 did not
vote. Claiming "they protested with
us against fraudulent elections. The
June 9th election is not a valid
election that represents the will of
the people."
The election was certified by the
election board that was appointed by
Wadena.
The camp members stated in
regard to the Peter Charette incident
that, " the finger has indirectly
pointed to Camp Justice for the
burning of Charette's tee-pee last
week. Camp Justice had no part of
this incident whatsoever. Camp
Justice is a peaceful and non-violent
organization, and does not condone
violenct acts in any manner."
For explaination by Charette see
letters to editor page 4.