Native American Press / Ojibwe News (Bemidji, Minnesota), 2002-03-01

              INDEX
NEWS AROUND INDIAN COUNTRY      2
COMMENTARY/EDITORIALS 4
SMOKE SIGNALS OF UPCOMING EVENTS 5
CLASSIFIEDS 7
Federal mandatory
drug sentence law
applies to tribal
housing, 8th Circuit
rules
pagel
Commentary
"It's not our
responsibility" is no
answer!
page 4
Dan King and Nicel
Cook resign
pagel
Conflict continue to
fester at IHB
pagel
Commentary
King's resignation
shouldn't divert us
from exercising
self-government
page 4
Dan King and Nickel Cook resign
RLTC votes to go ahead with King's March 13, recall election
VOICE       OF       THE       PEOPLE
By Bill Lawrence
At a meeting during the
afternoon of February 26, 2002,
by votes of 7-0, the Red Lake
Tribal Council (RLTC) accepted
the resignations of Dan King as
tribal treasurer and Fabian
"Nickel" Cook as Red Lake dist.
rep. The Council also voted 4-3
to go ahead with the March 13
recall election. King's resignation memorandum dated 2-26-
02, is reprinted on page 6 of this
edition.
According to reservation
sources the RLTC met in
executive session, excluding the
public, the entire morning of
Feb. 26, presumably to discuss
the King and Cook resignations.
Cook, age 57, had served on the
RLTC for 12 years and had been
one of King's chief supporters.
King is 38 years old and was
elected to the council in 1998 by
a 36 vote margin. He managed
the Red Lake Fishery Assn.
during most of the early to mid
1990's. One source told Press/
ON that neither Fabian "Nickel"
Cook nor Dan King attended
either session. Voting for going
ahead with the recall election
was secretary Judy Roy; Redby
dist. rep. Julius "Toady"
Thunder and Ponemah dist.
reps. Rudy Johnson and Clifford
Hardy. Voting against was Little
Rock dist. rep. Harlan Beaulieu;
Red Lake dist. rep. Delores
Lasley and Redby dist. rep. Al
Pemberton. The source also told
Press/ON that chairman
Whitefeather appointed himself
to supervise the treasurer's staff
until the seat is filled by
appointment or election.
The King and Cook resignations leaves the RLTC with
three vacancies, since the seat of
deceased former Little Rock
dist. rep Lawrence Bedeau has
been vacant since his death
nearly a year ago. With these
three vacancies, in addition to
the six that are up for election in
May, this years General Election
will have nine open seats,
including the three officer
KING to page 6
web page: www.press-on.net
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American
Press
Ojibwe News
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A weekly publication.   Copyright, Native American Press, 2002
Founded in 1988
Volume 14 Issue 13
March 1,2002
Conflict continues to fester at IHB
by Clara NiiSka
"They have had many challenges
at that clinic, the [Indian] Health
Board... they are trying to deal
with it diligently," Dr. Catherine
Annette told Press/ON. Dr.
Annette, Bemidji Area Director for
the Indian Health Services (IHS), is
the liaison between IHS and the
Minneapolis Indian Health Board.
IHS contributed $1.3 million
dollars last year to the IHB's
budget; Health and Human
Services' Bureau of Primary Health
Care also provided major funding
to the IHB.
The Phillips neighborhood IHB
clinic, located at 1315 E. 24* Street
in south Minneapolis, was
organized as a nonprofit community agency [501(c)3] agency in
1971. According to funding IHS's
statistics, in the year 2000 there
were 4,429 Indian people using the
services provided at the IHB, about
15% ofthe 29,439 Indian people
IHS statisticians have detennined
to be its 'service population' in
Minneapolis. The IHB clinic
provides medical care, dental care,
mental health care, and a number
of special-needs programs
including: fetal alcohol syndrome
(FAS) assessment and services,
HIV/AIDS programs, and diabetes
prevention and treatment.
The most recent available IRS
Form 990 reports, which the IHB is
required to file with the Internal
Revenue Service, are for fiscal
years 1998 - 2000. The clinic
requested a deadline extension for
FY 2001 reports, not yet filed on
February 27,2002.
The Form 990 reports reveal that
IHB revenues decreased by slightly
more than $1.27 million over that
three-year period. In FY 1998, the
organization's total revenues were
reported to be $5,560,396 and its
total expenses $4,521,684. In FY
1999, revenues dropped to
$5,024,108 and expenses rose to
$4,804,690. In FY 2000, revenues
had declined to $4,359,667 and
there were $4,575,818 in expenses,
foranetloss of $216,151, although
the clinic's net assets for FY 2000
remained 'in the black' at the end
of June 2000, at $1,956,372.
The IRS reports also show top-
heavy administrative expenses,
with former executive director
Norine Smith's salary reported at
$144,861 for FY 1998. Smith's
reported IHB salary rose to
$193,528 for FY 1999. During her
years as executive director, Smith is
alleged to have received substantial
additional income as executive
director of COPE 1, a holding
company which leased 'die IHB
building to the IHB clinic at
inflated rates.
In July 1999, Yvonne Bushyhead
replaced Noreen Smith as
executive director of MB.
Bushyhead, originally from
Cherokee, North Carolina and
enrolled with the Eastern Band of
Cherokee (she also has Winnebago
ancestry), has a bachelor's degree
in social work, a masters degree in
education, and a law degree.
Bushyhead faced the difficult task
of 'turning the clinic around' after
years of problems under Smith's
administration. Bushyhead's
income as IHB executive director
was reported as $79,042 for FY
2000 (July 1,1999 -June 30,
2000) - less than half of Smith's
salary, but according to an
informed source significantly
higher than what it would be at a
comparable non-Indian clinic.
Although non-medical administra-
tors at IHB were paid extremely
generously, the Form 990 reports
show that the salaries for the
highest-paid doctors were less than
half of what they could have earned
at other non-profit clinics, and far
lower than what they could earn in
private practice. Despite the
comparatively low pay, IHB's staff
CONFLICT to page 6
X
Photo credit: Clara NiiSka
Indian Health Board Acting Director Penny Scheffler and recently-hired Acting Medical Director Terri
Hart at the Minneapolis clinic's February 25lh board of directors' meeting. Scheffler is no stranger to the
controversies embroiling troubled organizations. Five years ago, on February 28th, 1997 Press/ON reported that two nurses were suspended without pay from Prairie Island community health program clinic,
"just days after the two had sent a letter to the Prairie Island Tribal Council outlining concerns they have
about how the tribal clinic is run." Scheffler was medical director and clinic director of the Prairie Island
clinic at that time. And as Press/ON reported in June 1995, Scheffler was a relatively new member of the
board of Center School in south Minneapolis during the 'institutional instability' and conflict which enmeshed the Native American alternative school about a year after its former director pled guilty to felony
financial abuse of the school's funds.
Dr. Hart is a pediatrician with administrative experience, hired as an interim replacement for veteran IHB
medical director Dr. Lydia Caros.
Federal mandatory drug sentence law applies to
tribal housing, 8th Circuit rules
By Jeff Armstrong
A U.S. statute doubling
mandatory federal criminal
penalties for illegal drug distribution in the vicinity of public
housing property can be applied
to reservations, the 8th U.S.
Circuit Court of Appeals ruled
this week.
Convicted by a South Dakota
federal jury of conspiracy to
distribute 883 grams of marijuana
on the Pine Ridge Reservation,
Orville Milk's prison sentence
was doubled because his father
lived in a nearby trailer he was
purchasing from the Oglala Sioux
Housing Authority (OSHA). The
federal statute stipulates that "any
person...distributing, possessing
with intent to distribute, or
manuf acmring a controlled
substance in or on, or within one
thousand feet of [a]...housing
facility owned by a public
housing authority...is subject
to...twice the maximum punish
ment."
Milk contended that the
statute's reference to a "public
housing facility owned by a
public housing authority" did not
include those administered by
tribal entities. He pointed to
provisions ofthe federal code
which specifically removed
Indian housing authorities from
the defined housing agencies.
The appeals court, however,
ruled that the federal definition
cited by Milk applied only to that
particular section ofthe law.
"Despite its initial appeal, we
conclude that Milk's argument—
that 'public housing authority' is
a term of art authoritatively
defined for all purposes in 42
U.S.C. 1437a(b)(6)—overreaches. The definitions upon
which Milk relies are self-
limiting. The C.F.R. definition is
contained in the Department of
Education's regulations and is
expressly limited '[fjorthe
purposes of this part,'" the three-
judge appeals panel ruled.
Milk further argued that the
federal HUD agency had
transferred its tribal housing
programs to reservations under
the 1996 Native American
Housing and Self-Determination
Act (NAHASDA), which,
according a web page produced
by the National American Indian
Housing Council, "separates
Indian housing from public
housing - a long held desire of
Indian County." By removing
tribal housing from the auspices
ofthe federal government and
failing to mention it in the
criminal code, Milk asserted,
Congress effectively exempted it
from the reach of the law.
While acknowledging that
reservation housing was distinct
from non-Native programs, the
appeals court held that legislative
8TH CIRCUIT to page 3
NCAI honors Secretary Thompson
Secretary lauded for active involvement
By Jean Pagano
Health and Human Services
Secretary Tommy Thompson
was awarded the National
Congress of American Indians
(NCAI) Leadership Award at
the NCAI's Fourth Annual
Leadership Banquet yesterday
in Washington. The banquet,
held in conjunction with the
NCAI's Executive Council
winter meeting, praised
Secretary Thompson for being
actively involved with issues
that are important to American
Indian tribes and Alaskan
Natives.
Tex Hall, President of the
NCAI, wrote of Secretary
Thompson "You have distinguished yourself as a champion
for Tribal sovereignty in these
extremely challenging times with
your outstanding national
leadership and support with
Tribal Consultation with the
Department of Health and
Human Services." These
consultations, while perhaps
merely symbolic, have given the
NCAI a place at the table, so to
speak, when issues of Indian
Affairs are discussed in Washington. Hall added, "You also have
recognized the many critical
issues facing Indian Country.
Secretary Thompson, former
governor of Wisconsin and
facilitator of the attempt to open a
Hudson Casino, recently
revitalized the Health and Human
Services Intradepartmental
Council for Native American
Affairs. The Council brings
together heads of HHS's staff and
operating divisions to improve
communication and coordinate
on agency programs that affect
Native Americans.
The Secretary stated in a
satellite address to the NCAI's
annual meeting in Spokane "And
THOMPSON to page 5
House panel rejects proposals to expand gambling
Associated Press
ST. PAUL - A House committee on Friday rejected seven
proposals to expand gambling in
Minnesota, virtually ending the
Legislature's debate on the matter
for the current session.
Supporters for more casinos
and other forms of gambling
vowed to press on in the Senate.
But Friday was the deadline for
committees in both the House
and Senate to pass policy bills on
to their colleagues, making
further action unlikely.
During a daylong hearing, the
House Governmental Operations
and Veteran Affairs Committee
soundly defeated bills for a state-
run casino, sports betting and to
put slot machines at a horse track
Shakopee.
Supporters argued revenue
could be used to help state
coffers, now about $2 billion
short, and to help pay for new pro
baseball and football stadiums.
Opponents said there's plenty
of gambling in the state already
and some argued gambling is
morally wrong anyway.
Arlene Reed of Oakdale told
the committee she was a compulsive gambler and that it ruined
her life. "The lure of the casinos
HOUSE to page 3
Photo credit: Clara NiiSka
The House Committee on Governmental Operations & Veterans Affairs, chaired by Rep. Jim Rhodes (R-44B), St. Louis Park, heard
testimony and discussed seven gambling bills on Friday, February 22nd
in the ground floor hearing room at the State Office Building in St. Paul.
Rep. Sondra Erickson (R-
17A), Princeton, testifies in
support of her HF2658 during committee hearings on
Friday, February 22nd to
consider a variety of gambling legislation. Rep.
Erickson's bill would have
authorized counties to issue casino licenses, and
was intended to support
economic development in
rural counties like
Kandiyohi County.
Photo credit: Clara NiiSka
Anishinabe
combat veteran
subjected to
racial epithets by
VFW staff
By Jeff Armstrong
A disabled Anishinabe
Vietnam veteran says he was
subjected to humiliating racial
slurs when he stopped
at the Lengby, Minnesota
Veterans of Foreign Wars post
last fall.
On one of his frequent trips
to the Veteran's Administration
clinic in Fargo, Miles Bachand
was running precariously low
on fuel when he pulled into a
VFW bar in the reservation
border town near Mahnomen.
"I was just asking for $ 10 in
gas so I could make it to Fargo,"
said Bachand. "The VFW has
money set aside for that."
Explaining his plight,
Bachand asked the bartender if
he could speak to a commander
or a quartermaster to request
assistance.
"She said, 'No way, I won't
help you drunken Indians,'"
Bachand said. "Normally, a
VFW post helps another vet
out. I've never run into this kind
of thing before."
Bachand, who served two
tours of duty in Vietnam, then
attempted to display his VA
identification card in an attempt
to prove his sincerity.
"She didn't even want to
look at my credentials," said
VFW to page 3
Heffelfinger to lead Ashcroft's Native
American subcommittee
Associated Press
MINNEAPOLIS - Attorney
General John Ashcroft has appointed U.S. Attorney Tom
Heffelfinger to chair a group of
federal prosecutors who advise him
on American Indian issues.
Heffelfinger will lead the Native
American Issues Subcommittee,
which has focused on issues such as
violent crime and Indian gaming.
"Native American issues are of
great importance to the country, to
Minnesota and to me personally,"
Heffelfinger said.
He said the chairmanship allows
him to use his experience as a
prosecutor and as a lawyer
specializing in Indian law issues to
help Indian communities achieve
greater peace and prosperity.
During his first term as U.S.
attorney in the early 1990s,
Heffelfinger helped establish a
witness and victim's advocate on the
Red Lake and Bois Forte reservations. He also promoted programs
aimed at educating reservation
children on issues of physical and
sexual abuse.
Mille Lacs County lawsuit questions
status of reservation
By Gregg Aamot
Associated Press
MINNEAPOLIS - Mille Lacs
County has filed a federal lawsuit
against the Mille Lacs Band of
Ojibwe, claiming the tribe is not
complying with a court opinion
that returned reservation land to
the state of Minnesota.
Claiming the Mille Lacs Indian
reservation is "long off the maps
and out of public consciousness,"
the county filed the lawsuit last
Wednesday in U.S. District Court.
The county wants the court to
reaffirm what the county claims
MILLE LACS to page 3
Some find Indian heritage not
enough for tribal membership
By Rob Carson
The News Tribune
TACOMA, Wash. (AP)-
George Sibbits can't understand
why the Puyallup Tribe of Indians
won't let him in.
He's 100 percent American
Indian and a full quarter Puyallup -
more than many members. His
grandmother was a Puyallup tribal
elder, and, 12 years ago, his brother
enrolled in the tribe with no
problem.
But Sibbits has consistently been
told no.
"You do not meet current
requirements set forth in our
constitution," said a curt letter he
received from the tribal enrollment
office last month.
HERITAGE to page 3