The Ojibwe News (Bemidji, Minnesota), 1989-08-30

              Tribe not warned of toxic
spili in fishing grounds
page 6
—j
Fifty Cents
The Flag stands for the
Freedom to be wrong
page 10
Founded in 1988
Volume 2 Issue 4
August 30,1989
Copyright, the Ojibwe News, 1989
A Bi-Monthly Publication
Bemidji, Minnesota 56601
Jourdain decision fi
Duluth, Minn. - A decision was filed August 17 exempting Red Lake
Tribal Chairman Roger A. Jourdain from Minnesota State Income
Taxes.
The state claimed Jourdain owed approximately $81,000 in back taxes
for the years 1979-85.
Judge Earl B. Gustafson, Duluth, decided in Jourdain's favor that he
is not domiciled in the State of Minnesota even though he lives off the
reservation because he is doing so involuntarily, as Jourdain claimed.
A call to the Attorney General's office confirmed that the decision is
still under review for appeal.
Sargent new game warden
Red Lake. Minn. - Gary Sargent was hired as the new game warden
at Red Lake. Gary was a former athlete at Bemidji High School and on
athletic scholarship at Bemidji State University.
He has played professional hockey in the National Hockey League for
the L.A. Kings and Minnesota North Stars. Congratulations, Gary.
Contract for Red Lake Hospital
Red Lake, Minn. - The contract for the Red Lake Hospital will go
into effect on October 1, 1989, according to information obtained for
the News.
The primary item under negotiation was over the amount of
transitional costs. The Red Lake Tribe had requested $3.8 million to
take over the program under the new government-to-government
agreement. Instead, $1.3 million was agreed upon.
Another potential problem is that there is a shortfall of $700,000 in
this year's operating budget.
The News was unable to leam all the parties involved in the shortfall.
Indian Education Association
Board of Directors to hold election
St. Cloud, Minn. - Elections for thirteen positions on the Minnesota
Indian Education Association Board of Directors will be held during
their annual conference which will be held in St. Cloud on November,
2-4, 1989. The election will take place at the conference on Thursday
and Friday, November 2-3. Nominations will close on September 30.
The theme of this year's conference is "The Education of American
Indian Youth into the 21st Century." The conference will be held at the
Sunwood Inn Convention Center in St. Cloud.
Registration forms for pre-registration (October 13 deadline) are
available through James Chase: Indian Education Programs, 201 15th
St. NW, Independent School District, Bemidji, MN 56601. Also
available through Mr. Chase are forms for nominations, awards, speaker
presentations, advertising (September 30 deadline) and exhibit space.
Red Lake Law Enforcement Services - The doors are barred for Former Chief Tribal Judge Bruce Graves since his dismissal.
See story below. _.       '    .._,.
' Photo by William Lawrence.
Tribe holds first election
in more than two years
White Eagle, Okla. (AP) - The
first Ponca^Indian tribal election in 2
1/2 years swept out incumbent
officers who had blocked previous
elections and put the tribe on the
road to getting back $150,000 in
federal funds.
The Bureau of Indian Affairs cut
off funds to the tribe earlier this
summer when the business
committee, chaired by Cynthia
Stoner, failed to conduct last
December's election.
Ms. Stoner and her appointed
election board also refused to let two
candidates seek office in an election
in November 1987.
The election, conducted Saturday,
put candidates who promised reform
in the Ponca's tribal government on
the seven-member business
committee.
"I think the Ponca people spoke
very loudly," said Delbert Cole, one
of Saturday's winners and a leader
of an effort to get an election for the
tribe.
The top four vote-getters were
Bronson Roughface, Leonard Big
Goose, Chloe Eagle Rhodes and
Cole. They will serve on the
seven-member business committee
until December 1990.
The other three committee
members, who got the next highest
vote totals, will serve until this
December. They are George White
Eagle, Gilbert Cole and Helen
Overland.
The votes ranged from 221 for
Roughface to 145 votes for Ms.
J~>verland. None of the incumbents
got more than 100 votes.
"They were soundly beat," Delbert
Cole said.
He said the new business
committee, sworn in Saturday
evening, will first try to get an audit
of tribal finances.
All seven positions on the business
committee were declared vacant
earlier this year when an Indian
appellate court ruled Ms. Stoner and
other tribal officials acted
improperiy.
An Indian election appeals
magistrate orginally set the election
in June, but Ms. Stoner blocked the
printing of ballots and called her
own election for four positions.
An Indian court judge last month
issued a permanent restraining order
to prevent tribal leaders from
interfering with the election.
Jim Weaver ends
his 48 day fast
White Earth, Minn. - Jim
Weaver, a 68-year old tribal elder
from White Earth, ended his
48-day fast on Wednesday, August
23.
Weaver had began his fast July 6
to protest actions of Tribal
Chairman Darrell Wadena, and
was willing to fast until death or
until Wadena resigned, was
ousted, or until an investigation
began by federal authorites.
Wadena, White Earth tribal
chairman, executive chairman of
the Minnesota Chippewa Tribe,
and director of the Indian Affairs
Council, was unwilling to
compromise.
Wadena reported that he admits
he rewards supporters. "This is a
political system like any other."
Opponents claim the reward
system has created, a split on the
reservation. Council member Dan
Stevens told reporters the protest
"split the people up."
Supporter Elaine Kier told
reporters, "I think he (Weaver)
accomplished his goal." Weaver
said, "When you do something to
wake your people up, then I think
you've accomplished something."
Weaver had described a variety
of ailments, including kidney pain,
shakiness and blackouts. But, he
said, health concerns were not a
consideration in ending his fast.
He reported to the Grand Forks
Herald that he probably would
have lasted another 10 days.
George Aubid, a spiritual leader
who was called in to advise
Weaver, reportedly told him
Wadena was not worth dying for.
"There's no use giving up a live
tree for a dead stump."
Weaver said the fast generated
awareness and publicity about
conditions on the White Earth
Reservation.
Supporter Dale Hanks told
reporters that a federal agency has
indicated it will examine
allegations against Wadena.
More protests are planned,
however. In the next few weeks,
plans are being made to set up a
camp in the Tamarac Wildlife
Refuge to harvest wild rice, a
violation of tribal regulations
which require permits.
Graves seeks Review of Dismissal
By Bill Lawrence
Former Red Lake Tribal Chief
Judge Bruce E. Graves, who was
dismissed by Tribal Chairman Roger
A. Jourdain by letter dated June 24,
1989, plans to seek federal court
legal review of his dismissal.
Graves told the News that he
intends to meet with attorneys this
week in Minneapolis to plan his
legal strategy.
Graves, who was denied
reinstatement to his judgeship at a
special tribal council meeting held
on July 25, 1989, presented the
Resolution presented at special Tribal Council meeting
WHEREAS, the proper
functioning of the Red Lake Band
of Chippewa Indians as an
independent sovereign entity is
largely dependant upon the respect
of all peoples for the sovereignty
of the Tribe and non-interference
with the proper authority of the
Tribe's executive officers, Tribal
Council, and Judiciary. A balance
of respect for the functioning of
each branch of government is
imperative.
WHEREAS, Verna Wood,
Education Director, improperly
attempted to utilize her influence
demand that Chief Judge Bruce
Graves accept Gary Graves as a
consultant to the courts.
WHEREAS, Gary Graves,
former Tribal Prosecutor, is by his
plea bargain agreement a
convicted felon having plead
guilty to a Federal sex crime; his
probation requires that he play no
role in the judiciary, human
services, or law enforcement; it is
important that the Red Lake Court
System not be perceived as being
under the control of lawless
people.
WHEREAS, upon the refusal of
the Honorable Bruce Graves to
accede to the demands of Verna
Wood, said Verna Wood
threatened Judge Graves that she
was going to get him and his
family.
WHEREAS, two days later,
Verna Wood orchestrated a
purported letter claiming that Judge
Graves was suspended from his
position as Chief Magistrate until
further notice, without specifying
the reason for such suspension, the
manner in which said suspension
was allegedly determined, and the
grounds upon which such
suspension was allegedly based.
WHEREAS, under the
sponsorship of Verna Wood a
program developed wherein an
attempt was made to dictate legal
decisions to the Tribal Magistrates,
such attempts being resisted by the
Honorable Bruce Graves and others.
WHEREAS, that on July 18,1989
at approximately 11 a.m., as part of
the aforementioned program of
attack upon the status of the Tribal
Court, a search was made at the
residence of the Honorable Bruce
Graves, purportedly to find and seize
law books, personal files, and a BIA
answering machine provided to
Judge Graves. Said items were all
lawfully possessed by Judge Graves
and the search warrant was a mere
pretext to harass Judge Graves and
his family and to further undermine
the role of the Tribal Court and cast
disrespect upon the Tribal Council.
WHEREAS, that the participants
in said raid included Quinton G.
Fairbanks, Adolf Barrett, Associate
Magistrate Wanda Lyons, Area
Special Officer Mike Nez, Acting
Special Officer Julius Schoenborn,
and Acting Criminal Investigator
Dan Chamoski.
WHEREAS, the Tribal Council
has at no time redefined the role of
the Tribal Court or sought removal
of Judge Graves.
WHEREAS, in his service as
Chief Magistrate of the Red Lake
Band, Judge Bruce Graves has
pursued his position in a responsible
manner, refusing to be influenced by
illegal pressures.
WHEREAS, proper functioning
of Tribal Government requires that
the Council and Chairman make and
execute significant policy
determinations free from having
their respective duties usurped by
others.
NOW THEREFORE BE IT
RESOLVED
1. That the Honorable Bruce E.
Graves be directed to reassume his
duly appointed position as Chief
Magistrate and to exercise the
responsibilities of this position.
2. That Verna Wood be advised
not to interfere with the functioning
of the Red Lake Tribal Court.
3. That the Red Lake Tribal Court
not be forced to appoint as a
consultant individuals currently on
Federal probation for sex crimes; it
being realized that such would be a
disgrace to Indian integrity.
4. That personal property
belonging to the Honorable Bruce
Graves and improperly seized from
his residence be returned to said
Judge forthwith.
5. That Tribal officials be
cautioned that search warrants are
to be initiated and executed only
upon probable cause of a crime
and that members of the Red Lake
Band are to be secure in their
home and residence from illegal
search.
6. That the Red Lake Tribal
Court shall operate in a manner to
respect the individual rights of
Tribal members as specified within
the revised Constitution and
By-Laws of the Red Lake Band of
Chippewa Indians.
7. That it be recognized that the
Tribal Council of the Red Lake
Band of Chippewa Indians, and its
elected Chairmen, have authority
to make and execute significant
policy determinations on the Red
Lake Reservation and, that unless
delegated to others, this important
role cannot be usurped and taken
over.
8. That tribal powers to judge
and regulate are not gained by gifts
of the Federal Government, but
rather reflect powers retained by
the Tribes, including the Red Lake
Band of Chippewa Indians, as
sovereign entities. Accordingly, all
Tribal officials must act in the
interest of the Tribe and not at the
direction of the Federal
bureaucrats.
accompanying resolution at that
meeting.
After Jourdain summarily rejected
the above resolution he presented
one that formally terminated Grave's
Judgeship by a council vote of 8-2.
Graves told the News that he is
convinced that his dismissal as Chief
Judge was due to his failure to
follow orders from the council on
case decisions and his opposition to
the employment of Gary Graves as
consultant to the court. Tribal
documents indicate that Gary Graves
was employed by the tribe on April
12, 1989, under the direction of
Chairman Jourdain as a consultant
with the following:
Job Description: Consultant
The Tribal Consultant will be under
the general direction of the Red
Lake Tribal Chairman. The
Consultant will do an ongoing
program to develope and review
codes and grants for the Red Lake
Tribal Council, Red Lake Band of
Chippewa, Red Lake Nation.
Job Duties: Duties will include
the following, but are not limited to:
1. Write and review Ordinances for
passage by the Red Lake Tribal
Council.
2. Update and review existing Red
Lake Tribal Codes.
3. Serve as a Consultant to the Red
Lake Nation Judicial Services,
Red Lake Law Enforcement,
Juvenile Code and Adoption
Code.
4. Other duties as assigned.
Despite being away at a alcoholic
treatment facility in Crookston,
Gary Graves was paid by the Red
Lake Tribal Council.
Below is a copy of Gary's time
card for the weekly time period of
April 13-21, 1989.
PROJ
NAME
PAY P
DAY
TIMB SHHU'
RED LAKE BAND OF CHIPF
=CT
Archie   Qarv  Qr«v»s
r
>EWA lis
EMPLOYE
SOCIAL SE
LEAVE USI
DATE
IDIAISIS
:p*«iTmp     Consultant
nilRITYNO  477Y6S
•/I B97
RATE
ERIOD: FROM     4/13/8S   TO   A/21
DAILY
DATE       HOURS WORKED    HOURS
19
DAY
HOURS
ED: ANNUAL
HOURS WC
RKED
DAILY
HOURS
MON.
/
MON.
4/17
8:00-5:00
8
TUE.
/
TUE.
4/18
8:00-5:00
8
WED.
/
WED.
4/19
8:00-5:00
8
THU.
4/13
8:00-5:00        8
THU.
4/20
8:00-5:00
8
FRI.
4/14
8:00-5:00        8
FRI.
4/21
8:00-5:00
8
SAT.
/
SAT.
/
SUN.
/
SUN.
/
EMfLOYII
1 DO HtRfBY CFBT1FV THAT T>
DATS
P HOU*t* WOMKFD MFRFOM AW OOARFOT
^
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DATS