The Ojibwe News (Bemidji, Minnesota), 1994-12-16

              Red Lake court of appeals dismisses
election suit
By Bill Lawrence
In a memorandum decision dated
November 30, 1994, the Red Lake
Nation Court of Appeals overruled
Red lake Special Judge Eugene
DeLorme's August 19,1994, decision
taking jurisdiction of a Red Lake tribal
election case. The result ofthe appeals
court action was the granting of the
Red Lake Tribal Council's motion to
dismiss the suit on the grounds of
tribal sovereign immunity.
In reaching its thirteen page decision the court surprisingly goes beyond the two issues that were appealed, which were jurisdiction and
exhaustion of administrative remedies, and appears to rely on the factual issues of the case. Those issues
involve the eligibility of several ofthe
candidates in the May 25, 1994, Red
Lake tribal election.
According to one of the plaintiffs
in the suit, they were prepared to
tion did in fact have felony records
when the case went to trial on the
merits or real issues in the case.
In a curious footnote (No. 6) on page
13 ofthe decision the court makes the
following comment: "This does not
leave the Plaintiffs without alternative
remedies should they discover clear
and unequivocal evidence that one or
more of the candidates were not eligible for office. As counsel for the
Appellants conceded at oral argument
R.L. dismisses election suit/ pg 1
Wis. Judge rejects sovereignty immunity defense/ pg 1
Dorsey & Whitney tries to hide behind sovereignty
immunity in GCA suit/ pg 1
Burnt Bridge Project/ pg 8
Voice of the Anishinabeg (The People)
1
present evidence showing that several   <•-»_. |rt .,. _
ofthe candidates in the May 25 elec-   V-/OUIT COntfJ OH pg 3
Wis. judge rejects sovereign immunity
defense in Ho-Chunk defamation suit
By Bill Lawrence
According to court documents obtained by the PRESS, Wisconsin
Wood County District Court Judge
Edward F. Zappen, denied Ho-Chunk
tribal council member Dallas White
Wing's motion to disimss the suit on
the grounds of sovereign immunity.
The suit, Netti Kingsley vs. Dallas
White Wing, Wood County Case No.
94-CV-207, is being tried in Wisconsin Rapids,WI. In her suit, Ms.
Kingsley alleges that Mr. White
Wing's defamatory statements resulted in the termination of her employment as facilities manager at the'
tribally owned Rainbow Casino, near
Nekoosa, Wisconsin. Nekoosa is
aproximately 12 miles NE of Wisconsin Rapids.
In reaching his decision judge
Zappen found that; (1) At all times
Dallas White Wing was an official of
the Ho-Chunk tribal business committee; (2) That the Ho-Chunk business
committee is the governing body of
the Ho-Chunk tribe; (3) That Dallas
White Wing on his way home from
Ho-Chunk business committee meetings would stop by the Rainbow Casino; (4) That there was a personnel
review committee created by the Ho-
Chunk business committee; (5) That
Dallas White Wing in his official
capacity as a Ho-Chunk business committee member did not have the authority to hire or fire casino or tribal
employees; (6) That Dallas White
Wing could not speak ex-parte for the
Ho-Chunk business committee; (7)
That if Dallas White Wing as an official of the Ho-Chunk business committee was acting within the scope of
his authority, he was protected by the
tribe's sovereign immunity; (8) That
there was no Ho-Chunk tribal court
and therefore this case was properly
before this court; (9) That Dallas
White Wing in making statements
against Ms. Kingsley exceeded his
authority and therefore wasn't protected by the tribe's sovereign immunity.
Ms. Kingsley told the PRESS that
the main purpose of her suit was to
take a stand for the many complaints
and manipulation of staff that has
been going on at the Ho-chunk tribal
office and with casino jobs.
According to Mark Goodman, attorney for Netti Kingsley, Dallas
White Wing's attorney, Bill Gardner,
plans to appeal the decision to the
Wisconsin Court of Appeals.
If this decision is upheld on appeal
it would be another crack in the armor of tribal sovereign immunity that
many tribal governments or their attorneys are abusing, or as some tribal
critics claim are "hiding behind."
Fifty Cents
OJibwWi
News
We Support Equal Opportunity For All People
Founded  in 1 988
Volume 6   Issue 25       December 16, 1994
1
A weekly publication.
Copyright, The Ojibwe News,  1994
Dorsey & Whitney trying to hide behind
sovereign immunity in GCA suit
By Bill Lawrence
In an unprecedented development,
Minnesota's largest law firm, Dorsey
& Whitney of Minneapolis, recently
filed their answer in a suit by Gaming Corporation of America (GCA),
in which they are attempting to hide
behind the tribe's shield of sovereign
immunity.
In legal documents Dorsey argued
that as the attorneys hired to do the
tribe's bidding, the firm can take refuge under the umbrella of the tribe's
sovereignty.
In their complaint, GCA alleges that
Dorsey & Whitney created and pursued for its own self-serving purposes
a fraudulent scheme to destabilize,
interfere with and destroy GCA's relationship with the Ho-Chunk Nation.
The complaint alleges that Dorsey
& Whitney abused the legally man
dated licensing process through a pattern and practice of intimidation, harassment, bullying, threats, and delays aimed not at determining "suitability" for licensing purposes, but
rather at creating sham, bad faith, and
fraudulent arguments to deny gaming
licenses.
Among other things, the complaint
alleges that Dorsey & Whitney intentionally withheld critical evidence that
would have undermined the license
denial scheme. Additionally, the complaint alleges that Dorsey & Whitney
intentionally included a condition in
the "Provisional License" issued to
GCA in May 1993, that it knew GCA
was already in breach of so as to in
effect "create" a basis for future license denials.
GCA alleges that Dorsey &
Whitney's scheme to deny licenses
was commenced against them at the
time Dorsey & Whitney representated
GCA in Indian law and related business matters. GCA alleges that the
actions of Dorsey & Whitney caused
them to lose their gaming management license with the Ho-Chunk Nation and seeks damages in excess of
$200 million.
In a phone interview with GCA
principal Thomas J. Schrade, the
PRESS was told that "GCA barb*
no ill will toward the Ho-Chunk leadership or people over the incident."
He felt that they (the tribe) had gotten some bad advice and were being
used very badly by Dorsey & Whitney7.
He said that GCA was ready anytime
to sit down with the Ho-Chunk leadership to resolve whatever problems
that may exist. Mr. Schrade declined
to comment on the GCA suit with
Dorsey & Whitney, but he didn't appear to be at all intimidated by taking
on the state's biggest law firm.
.;wmmmes»
The Inger Local Indian Council and Community members achieved goal by the completion and dedication
of Ojibwe Round House. The Inger community plans to use the Round House as a setting for various
cultural activities such as: storytelling, singing and gatherings. Elders believe that returning back to their
Ojibwe traditions will strengthen their community. The Ojibwe Round House is a first step for one Leech
Lake Reservation community toward a journey of healing.
FBI looks for former Hennepin County detox
Clients      Before the U.S. Attorney's office can bring criminal charges
McCain blasts Bureau of Indian Affairs in
meeting with Indians
By William F. Rawson
SCOTTSDALE, Ariz. (AP) _ The
incoming chairman of the Senate
Indian Affairs Committee has promised tribal leaders a housecleaning
at the Bureau of Indian Affairs.
Sen. John McCain, R-Ariz., said
Thursday the BIA has failed to perform even its most basic tasks.
. "The Bureau of Indian Affairs
now ranks as one of the worst federal agencies in government,"
McCain said. "Each day we see new
reports of waste, fraud and gross
mismanagement of federal Indian
programs."
McCain said the BIA cannot account for more than $2.1 billion in
revenues derived from Indian natural resources and placed in trust by
the federal government over the last
50 years. He said government audi
tors have been unable to account for
more than $3.2 billion in BIA assets.
In addition, he said, BIA schools
are poorly maintained, students are
living in dormitories that are unfit
for habitation, and the agency has
failed to implement either the Indian self-determination act passed
by Congress in 1988 or the Indian
child protection and family violence
prevention act passed four years ago.
McCain, who was the ranking Republican on the committee, succeeds
Daniel Inouye, D-Hawaii, as chairman. Newly elected Sen. Jon Kyi,
R-Ariz., also was present at the
meeting, which was attendedby representatives of all 21 Arizona tribes.
Tribal leaders attending the meeting at Scottsdale Community College, on the Salt River Pima-
Maricopa Indian Community, were
less direct in their criticism of the
BIA, but none disagreed with
McCain's overall assessment.
"Reorganization is necessary,"
said Ronnie Lupe, chairman of the
White Mountain Apache Tribe.
"BIA has not been meeting the needs
of people for many years."
Eddie Brown, a former BIA director, said the process of reforming the agency had already begun
and that Indian tribes have played a
significant role in efforts to streamline its operations and improve its
budgeting process.
Brown told McCain any future
efforts to change the agency must
involve the tribes, who have strong
opinions as to how the BIA should
operate.
"The tribes are ready, they're willing, they're innovative," Brown
said. "There's lots of excitement
McCain con't on pg 3
By Gary Blair
It was over two years ago that the
old Hennepin County detoxification
center was closed because of alleged
client abuse. Since that time nothing
has been done to resolve the issue. So
far, county officials have refused to
take any responsibility and so called
"leaders" from the Minneapolis Indian community have done even less
to resolve the matter.
However, now that the FBI has
finally started their probe into what
closed the old county detoxification
center, those that helped expose the
client abuse say it's time for the
Minneapolis Indian community to
come forward and assist with the
investigation. Those who were
abused or those who know of people
who Were abused at the old county
detoxification center are asked to
call Lynn Fritzpatrick, at 871 -0477.
Fritzpatrick, along with former
detox worker Irene Wade, were the
first to go public with the abuse allegations. Fritzpatrick says she has already turned over numerous documents to federal agents that outline
the client abuse but now she's asking
that the Indian community help her
locate two former detoxification center clients, Stephen NoisyHawk and
Donald Swain. These two men, along
with others were beaten at the detox.
Along with the present FBI investigation, a Federal Grand Jury in Minneapolis will start hearing testimony
on December 20, 1994, regarding the
client abuse.
Fritzpatrick told thePRESS, "We'll
need former detox center clients who
were abused to come forward, before
they (the U.S. Attorney's office) can
bring criminal civil rights charges."
She also said/'They'll need those who
were abused to testify."
Fritzpatrick, who worked at the old
county detoxification center for over
10 years before it was closed in November of 1992, says she startedcom-
piling client abuse reports soon after
submitting complaints to the State
Health Facilities Complaints Office
that went unaddressed.      >
Fritzpatrick said, "They (the FBI)
can only go back five years in their
investigation of the client abuse.
That's as long as the statute of limitations allows in this kind of abuse."
Both Fritzpatrick and Wade say
they were pressured out of their jobs
after they reported the client abuse
and county officials did nothing to
stop their harassment.
The FBI probe, if successful, could
result in charges similar to those that
were brought in the L Apolice beating
of motorist Rodney King.
House Indian Affairs Committee weathers
Republican revolution
Senate shake-up may put Indian affairs on line
By Bunty Anquoe
Today Washington Bureau
WASHINGTON - The post-election political shake-up in Congress
continues to rock Washington and
the Senate Indian Affairs Committee
will not escape the fray.
Last Friday, Senate Republicans and
Democrats chose their new leaders
for the 104th Congress and the power
shift from Democrats to GOP rule is
expected to have a strong impact on
Indian country for at least the next
two years.
The Indian affairs panel has been
one of Capitol Hill's most active committees in the last several years. When
Congress reconvenes in early January, funding, staffing and size of the
committee will shrink as will other
Senate committees.
While the House Indian Affairs
Subcommittee seems to have weathered the storm so far, some speculate
the fate of the Senate panel is still
endangered, especially after Republicans chose ultraconservative, reform-
minded Mississippi Sen. Trent Lott
over the more moderate Wyoming
Sen. Alan Simpson as second-in-command to incoming Majority Leader
Robert Dole, R-Kan.
Sen. Lott is known as an aggressive, conservative and confrontational
ally of incoming House Speaker Newt
Gingrich, R-Ga.
Late Friday, Sen. Dole announced
five working groups to tackle several
key GOP initiatives including: committee reorganization, a balanced
budget amendment to the Constitution, term limits, unfunded mandates
and congressional coverage.
"Senate Republicans heard the election message from the voters loud and
clear," Sen. Dole said. "These working groups are dedicated to making
Senate cont'd on pg 3
By Bunty Anquoe
Today Washington Bureau
WASHINGTON - Although Washington is still reeling from the November elections and some congressional panels are poised for extinction, the House subcommittee overseeing Native affairs continues to keep
its head above water.
The new Republican regime taking
over the House, led by Speaker-elect
Newt Gingrich, R-Ga., has targeted
several panels for elimination including, the District of Columbia, the Post
Office and Civil Service, and the Merchant Marine and Fisheries committees.
So far, the House Natural Resources
Committee and its subdivision, the
Native American Affairs Subcommittee, survives the changing ofthe guard.
Rep. Don Young, R-Alaska, is expected to assume the chairmanship of
full committee.
The new House rules under Republican leadership will slash committee
staff by one-third, impose six-year
term limits on committee and subcommittee chairmen, end proxy voting and rewrite rules for floor debate,
as well as mandate a three-fifths majority to pass tax increases.
Richard Houghton, minority counsel on the Indian affairs subcommittee, said the Indian affairs panel is
expected to survive and remain under
the jurisdiction of the Natural Resources Committee - at least for now.
"It depends on what the leadership
finally decides, but I think it's somewhat safe to say that at this particular
moment, this committee will retain
jurisdiction," he said. "But nothing's
for certain. Lately, every time the
moon changes phase, everything else
changes with it."
Mr. Houghton said the Republican
. leadership is expected to make final
decisions about committee jurisdictions and what subcommittees will
remain by Jan. 5.
Current subcommittee chairman Bill
Richardson, D-N.M., has urged
speaker-in-waiting Gingrich to retain
the panel in the 104th Congress.
"As you re-think the jurisdiction of
the House committees, I urge you to
keep Indian affairs within the Natural
Resources Committee," he wrote in a
Nov. 23 letter. "The history and expertise in this area resides in this
committee. Further, I urge you to
consider a consolidation of all matters
relating to American Indians and
Alaska Natives, including Indian
housing, Indian education and Indian
health care exclusively within the
natural resources subcommittee."
The panel has had primary jurisdiction for Indian affairs, but education,
health, housing and several other programs became scattered over the years
among several House committees.
Rep. Richardson said he believes
this fragmentation has not always
served Indian people well, and said he
hopes Republican leaders will consider merging all Indian issues under
the purview ofthe Indian affairs subcommittee.
House cont'd on pg 3