Native American Press / Ojibwe News (Bemidji, Minnesota), 2002-06-28

              INDEX
NEWS AROUND INDIAN COUNTRY      2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 6-7
Two children die in
separate reservation
accidents
page 3
Red Lake Gaming COO
Ferris's Proposed
Two-Year Contract
page8
Open letter to
Chief Justice Blatz
page 4
Commentary
Celebrate the 4th
with renewed
appreciation of our
American freedoms
page 4
HAPPY
FOURTH
OF JULY!
tOOK FOR NEXT PAPER
JUtY 12,2002
Federal judge denies Shakopee, Grand Portage
motion for summary judgment in casino audit lawsuit
State joins Press/ON in appealing state district court ruling on casino audits
by Clara NiiSka and Bin
Lawrence
U.S. Federal District Court Judge
Ann D. Montgomery denied tribal
arguments and granted the state's
motion for summary judgment in
the case Shakopee and Grand Portage v. Mike Hatch, David' F. Fisher,
and ('harles R Weaver, Jr. on June
20th.
The law firm BlueDog, Olson &
Small filed the federal lawsuit on
behalf of their clients, the Shakopee
Indian community and the Grand
Portage Band, after the Minnesota
Attorney General's Office issued an
opinion that casino audits filed with
the Minnesota Department of Public Safety pursuant to the Tribal-
State Gaming Compacts were public records.
Press/ON publisher Bill
Lawrence had requested the audits
pursuant to the Minnesota Government Data Practices Act. The audits
were subsequently also requested
by the Minneapolis Star Tribune
and two state legislators. After six
months of legal wrangling between
state agencies, on September 14,
2001 the Attorney General's office
opined that the audits are public
records which the Data Practices
Act, Minnesota Statutes § 13, requires the state to release to the public upon request. Prairie Island and
Mille Lacs filed suit in state court to
bar release ofthe audits, and
Shakopee and Grand Portage filed
in federal court.
In her June 20th judgment, Judge
Montgomery niled on cross-motions for summary judgment filed by
the plaintiffs, Shakopee and Grand
Portage, and by the Minnesota government defendants. She rejected
all ofthe motions filed by the tribal
attorneys, and granted the State's
motion forsummaryjudgment.
Judge Montgomery also denied
Shakopee and Grand Portage's appeal of Federal Magistrate Judge
.Arthur J. Boylan's Order of February 21, 2002, requesting that independent legal counsel be appointed
for State Department of Public
Safety CommissionerCharles
Weaver, ruling that the Attorney
General's office was properly representing the State and state officials.
The Data Practices Act
The attorneys for Shakopee and
Grand Portage argued that the
Tribal-State Compacts prohibit the
State from applying the Data Practices Act to the casino audits, claiming "breach of contract." The Data
Practices Act "is to balance the
rights of individuals to protect personal information from indiscriminate disclosure with the right ofthe
Red Lake
Gaming COO
Roy Ferris's
proposed new
two-year
contract
Press/ON obtained a copy of
Gaming Chief Operating Officer
Roy Ferris's proposed contract
from an anonymous source. The
Red Lake Gaming Board, which is
composed of tribal council members, is reportedly currently discussing the contract with Ferris.
We at Press/ON thought that because ofthe current financial situation ofthe Red Lake band and
the upcoming election, this proposed contract needs to be public.
We are printing the contract in full
[see page 8], and encourage all
Red Lakers to read it carefully and
to direct any questions regarding
it, and gaming operations generally, to the candidates as well as to
the sitting council members.
It is our money that is supporting the gaming operations, and
Ferris works for the members of
the Red Lake band, not the other
way around.
U.S. Court of Appeals upholds
'Duro Amendment'
By Jeff Armstrong
A divided three-judge panel of
the 8th U.S. Circuit Court of Appeals this week rejected constitutional challenges to the extension
by Congress of criminal j uri sdic-
tion over non-member Natives to
tribal courts. Appellant Billy Jo
Lara contended that his federal
prosecution for assaulting a BIA
officer constituted double jeopardy,
since he had previously pleaded
guilty to tribal charges deriving
from the same incident inthe Spirit
Lake reservation court.
A similar argument previously
made before the 8th Circuit, which
includes Minnesota and six. other
states, left a panel of ten judges
evenly divided on the case and the
issue unresolved.
In 1990, the U.S. Supreme Court
niled in Duro v. Reina that tribal
courts could not exercise criminal
jurisdiction over Indians enrolled in
different tribes. The court had earlier held in Oliphant v. Suquamish
that tribes had lost their inherent
right to prosecute non-Natives
within their territory and could only
regain such jurisdiction through
congressional authorization. The
Band members question candidate
certification
By Joel Patenaude
Messenger Staff Writer
The recent disqualification of a
Mile Lacs Ban of Ojibwe member
from seeking tribal office continues
to raise questions among band
members about the fair application
of band election law.
With he own eligibility for elected
office under scrutiny again, Mille
Lacs Band Chief Executive Melanie
Benjamin said she will seek proposals for election refonn from her constituents.
Former top office holders are
criticizing Benjamin and the Band
Assembly for preventing David
Niib Aubid from running for District
II representative.
Marge .Anderson, Benjamin's
predecessor, and former District I
Representative Suzanne Merrill said
Aubid should have been allowed to
run - for the same reason they allowed Benj ami n's ultimately suc
cessful bid for election in 2000.
"I couldn't believe they didn't allow that man to run, because two
years ago we allowed Melanie to
run," Merrill said having cast a deciding vote in favor of Benjamin's
candidacy.
Merrill, who recently completed
her first year of law school at the
University of Denver, said Benjamin and another band member
were allowed to seek office despite
their not meeting the residency requirement ofthe ban - which is
much more restrictive than the Minnesota Chippewa Tribe (MCT) election ordinance requires.
Aubid said that if exceptions were
made for Benjamin and others but
not for him then the MCT Constitution was violated by the joint session. He said he will seek to have
the .Time 11 election results nullified
in federal court. It remains unclear if
CERTIFICATION to page 8
MN Green Party
tables Native rights
resolutions at party
convention
By Jeff Armstrong
Minnesota Green Party delegates blocked without discussion
two resolutions in support of Native land and self-determination
rights at a state party convention in
Maplewood June 22. The resolutions, adopted by the Bemidji-
based Headwaters Greens at a
party caucus last March, called on
the U.S. to withdraw its opposition
to the UN Draft Declaration on the
Rights of Indigenous Peoples and
advocated the return of government-held lands within reservations
in the state.
The current state Green Party
platform endorses indigenous cultural, treaty and democratic rights,
while the party has supported
GREEN PARTY to page 6
Commissioner Jax Closes Bemidji and Duluth Indian Education Offices:
Judge Paul Benshoof Restrains Closure of Offices
By Jean Pagano
Lately, it has been a roller
coaster ride for the employees and
clients ofthe Indian Education Offices in Bemidji and Duluth. On
June 4th, Children, Families, and
Learning (CFL) Commissioner
Christine Jax announced the closure ofthe Bemidji and Duluth Indian Education offices in order to
help offset an S8.5 million shortfall
due to recent budget cuts. Then,
last week, Commissioner Jax detailed the moving of duties from the
Bemidji and Duluth facilities to offices in Roseville, along with a toll-
free number for people to call.
Sadly, many ofthe clients served
by these two offices do not live
near Roseville, contrary to OFL's
claim that over have of
Minnesota's Natives live near the
metro area, and there are concerns
that the face-to-face benefits of offices near large Indian reservations
would be lost. It is estimated that a
large percentage ofthe Native
population lives in the vicinity of
the Bemidji area.
According to data released from
Commissioner Jax, the state will
save $200,000 by closing the offices in Bemidji and Duluth. Additionally, CFL claims that it will be
moving staff positions from the two
Indian Education offices to
Roseville, although it is uncertain if
there are any positions open in
Roseville for the staff from either
Bemidji and Duluth. An examination ofthe CFL website shows no   ■
open jobs at this time, except for a
Community and Media Relations
Director at Roseville. It is doubtful
that this open position will be assisting Native students looking for
infomiation.
Tribal leaders are unhappy about
their lack of input into the process
of closing the two offices. CFL
stated that 'State legislators and
tribal leaders were notified of this
decision in writing.' Minnesota
State Statute 124D.80, subd. 2, on
Indian education states that 'The
committee on American Indian
education programs shall advise
the commissioner in the administration ofthe commissioner's duties'. It appears that little if any advice was culled from either tribal
leaders, tribal representatives, or
the American Indian education
committee.
Doug Gray, spokesperson for
CFL, was asked about the specifics
ofthe savings that closing the offices would provide. He stated that
$36,000 ofthe $200,000 savings
were from rent and other overhead.
Additionally, the salaries from staff
members in both Bemidji and
Duluth added to the total savings.
This revelation about the staff salaries seems to contradict the
Commissioner's statements con-
CFL to page 6
VOICE      OF      THE      PEOPLE
public to know what the government is doing," wrote Judge Montgomery. The Act "establishes a pre-
aimption that all government data
are public and accessible to the public, unless otherwise classified by
statute, by temporary classification
under the MGDPA, or by federal
law," she explains.
"Two appellate courts have held
that application of a state's public
record law to infomiation obtained
from a tribe pursuant to a tribal-state
gaming compact does not violate
the compact where the compact either permits such application or is
silent on the issue," ailed Judge
Montgomery, the "breach of contract claim fails as a matter of law."
Due Process
The tribal attorneys also argued
that Minnesota Statute § 13.06 "violates procedural due process."
Judge Montgomery rejected tliat argument, noting that the Data Practices Act "affords the Tribes a sufficient opportunity to be heard in state
court. No due process violation has
occurred."
Preemption by IGRA
Attorneys Steven Olson and Greg
Pailson also argued on behalf of
PRESS/ON to page 8
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American
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Ojibwe News
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Founded in 1988
Volume 15 Issue 5
June 28,2002
justices reasoned in Duro tliat because the defendant could not serve
on a tribal jury, vote in reservation
elections or mn for tribal office, he
had the same legal status as a non-
Native, a class held by the court to
be generally immune from tribal
prosecutorial authority.
"While Congress has special
powers to legislate with respect to
Indians," the Duro court ruled, "Indians like all citizens are entitled to
protection from unwarranted intrusions on their personal liberty. This
Court's cases suggest constitutional
limits even on the ability of Congress to subject citizens to criminal
proceedings before a tribunal, such
as a tribal court, that does not provide constitutional protections as a
matter of right."
Shortly after the Duro decision,
Congress amended the Indian Civil
Rights Act to counteract the ruling
based on claims that it left ajuris-
dictional void on reservations. The
U.S. legislation was worded in
terms ofthe inherent power oflndian tribes, hereby recognized and
affirmed, to exercise criminal juris-
DURO to page 3
photo credit Clara NiiSka
Tribal Court State Court Forum meets at Judicial
Center in St. Paul
Tribal court judge /tribal attorney Andrew Small (dressed in black) and tribal court judge Paul Day (sitting
next to Small) head the table at the June 21s' meeting ofthe Tribal Court State Court Fomm at the Minnesota
Judicial Center. The state courts' participation in the Fomm is chaired by Court of Appeals Judge Robert
Schumacher (second from right).
Friday's meeting was devoted to the Fonim's Full Faith and Credit Rule, acceptance of which is currently
pending before the Minnesota Supreme Court under a petition in court file number CX-89-1863. The proposed rule would create the legal presumption that any "judgment, decree, order, apprehension order, protection order, warrant, subpoena, record or other judicial act of a tribal court of a federally-recognized Indian
tribe" is valid and under Minnesota legal procedure should be enforced by the state courts, in some circumstances by the county court administrators simply rubber-stamping tribal court actions into state jurisdiction.
Spearheaded by .Andrew Small ofthe Bloomington Indian law firm BlueDog, Olson and Small, Fomm
rni :mbers spent the meeting planning strategies for promoting their proposed mle. Fomm members will
\ lobby committees and subgroups ofthe state's judiciary and bar association, "enlightening' them with the
tribal attorneys' perspective on tribal courts. Small stated during the meeting that more than 100 packets
were sent out by the Fomm, promoting their proposed mle. Also among the events planned was a presentation by Fomm members to the Conference ofChief Judges' convention in Duluth on June 27"' to promote
the Full Faith and Credit Rule.
The public was barred from participating inthe meeting, although a number of concerned citizens, including state legislator Sondra Erickson, witnessed the proceedings.
Three men charged with stealing
millions from Seminole Tribe
Associated Press
MIAMI — Two former administrators for the Seminole Tribe of
Florida and a third man have
been charged with stealing nearly
$2.8 million from the tribe, federal prosecutors said Monday.
Danny Wisher, Timothy W.
Cox and Michael Crumpton were
charged in a 15-count indictment
with theft, embezzlement, money
laundering and conspiracy to hide
illegal activities.
According to prosecutors, the
three men set up payments totaling $2.77 million to a shell corporation named Virtual Data Ltd.,
which they said was an infonnation services business. They allegedly laundered the stolen
money by moving it to a bank account controlled by Wisher in the
Central American country of
Belize.
The activity took place between March 2000 and April
2001. During that span, Wisher
served as the Tribe's technical adviser. Cox was the Tribe's operations officer, overseeing daily operations. Crumpton, Wisher's
son-in-law, worked for a company Wisher owned.
If convicted, Wisher faces a
maximum sentence of 110 years
in prison, Cox faces up to 90
years and Crumpton faces up to
115 years. All three men also face
substantial fines, restitution and
forfeiture of proceeds.
The federal public defender's
office did not immediately return an after-hours message left
Monday and it could not be de-
tennined if the men have attorneys.
The charges are the latest to
arise from an ongoing investigation into the Tribe's activities.
Charles Kirkpatrick, the
Tribe's former director of aviation, is serving a 13-month sentence for tax evasion at a minimum-security federal prison
camp in Montgomery, Ala. He
failed to report hidden commissions he received on deals conducted for the Tribe.
A federal grandjury began investigating ousted Tribe Chairman James Billie last year on allegations of theft, embezzlement
and bribery. The tribe ousted
him from his leadership position
a year ago and stripped Mm of
his $312,000-a-year salary.
The tribe's attorney, Jim
Shore, was shot Jan. 6 by an
unidentified assailant who fired
into his Broward County home.
He survived.
The tribe sued Cox and Billie
last year, alleging they drained
$20 million from its treasury in
a stock manipulation scheme.
Tribe agrees to buy Petoskey
Holiday Inn
Associated Press
PETOSKEY, Mich. — The
Little Traverse Bay Bands of
Odawa Indian Tribe has agreed to
purchase the Petoskey Holiday
Inn, but not the franchise.
The tribe will buy the hotel for
S3 million, renovate it and strip off
the Holiday Inn logo.
It will be renamed the Victories
Hotel, and feature the same logo
seen throughout the Victories Casino in Petoskey.
"It will complement the casino
with the Victories logo," tribal
chairman Gerald Chingwa told the
Petoskey News-Review for a story
Tuesday. "It's what is familiar to
people."
Chingwa said the tribe also is
considering constructing another
casino on property it owns in
Emmet County's Resort Township.
The proposed casino, resort
and convention center is being
considered for 99 acres behind
Wal-Mart.
No designs have been made,
but the tribe has discussed plans
with Petoskey Mayor Kate
Marshall and has hired a firm to
do a feasibility study.
"We are hoping they'll be done
with that in July, and then we'll
need two to three weeks to analyze their data," Chingwa said.
"That's when we'll start making
decisions on what to do with
this."
Clinton praised
for recognition of
Mohegans
ByMattSedensky
AssociatedPness
UNCASVILLE, Conn—Fonner
President Clinton, already popular for
conferring federal recognition on the
Mohegan Indians during his administration, won praise Friday as lie helped
tribal leaders celebrate the opening of
a hotel.
"This is a fabulously successful
place," Clinton told an audience of
about 200 tribal members, local officials and others.' 'The tiling that means
tlie most to me is what you do for less
fortunate tribes. Thank you for not forgetting about your brothers and sisters
in Native American tribes that still
have not been brought into the circle
of opportunity."
Quick Bunnell, deputy chief of
staff for the Mohegan tribe, credited
the ex-president for recognizing the
Mohegans.
'BiU Clinton signed into law the
legislation that gave the Mohegans
back a homeland," he said. "What's
more important than having a home?"
Jayne Fawcett, tribal ambassador to
the United States, said Clinton "understands the tribal leadership."
"We have nothing but the greatest
respect for President Clinton and all he
lias done for Indian communities," she
said.
Clinton and Sen. Chris Dodd, D-
Conn, joked about the fonner
president's status as an ex-official.
' 'You usually don't follow the president ofthe United States," Dodd said
"But you can follow a has-been,"
Clinton replied.
The Mohegans were formally recognized by the federal government on
March 7,1994. A group of about 30
Indians celebrated in a tiny office with
soda and homemade salad. The tribe
owned less than an acre of land, and
had two employees.
In October 1996 tlie tribe opened a
$300 million casino on the site of a
fonner defense contractor. Their 240-
acre reservation off Route 32 is about
10 miles from tlie other Indian-run casino in Connecticut, the Mashantucket
Pequot Tribal Nation's Foxwoods Resort Casino.
The two tribes, which vied for control ofthe Thames River when European settlers arrived 350 years ago,
say they are now friendly competitors.
Earlier this year the Mohegans
CLINTON to page 8