Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-11-07

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDrrORIALS 4
CLASSIFIEDS 7
Federal appeals
court reinstates
Nenana woman's
lawsuit
page 5
Independent investigation
needed of MPD
page 5
Daschle says Interior
Department appropriations bill shortchanges
Native Americans
page 4
Bellanger announces
candidacy for White
Earth Nation
Chairman
page 4
Veteran's Day is special
to Native Americans
page 4
Another Break with tradition and law, another
Indian casualty: Indian preferences at the
Department of Interior on the wane
VOICE       OF       THE       PEOPLE
By Jean Pagano
Section 12 of the Indian Reorganization Act of 1934 requires
that the Secretary of Interior
grant Indian preference in hiring
to certain positions in the "Indian
Office" (i.e. tlie Bureau of Indian
Affairs). A number of positions
with the Department of Interior
(DOI) will lose their Indian
preference classification under
a proposed consolidation being
considered by the Bush administration.
ihe proposed change being
considered has to do with consolidating all of the Department
of Interior's real estate appraiser
functions from their current
home al DOI into a new office
within Interior's National Business Center (NBC).
The appraisal unit for Native
real estale is located in Special
Tnistee Ross Swimmer's Office
of the Special Tnistee (OST) and
is known as the Office of Appraisal Sen ices. According to a
DOI memorandum, the Office of
Appraisal Sen ices is not currently part of the transfer, but maj
be included "following consultations with the Indian Tribes."
In 1988, Ralph Tan, previ
ous Solicitor of the Department
of Interior, issued an opinion
entitled "The Scope of Indian
Preferences I iider the Indian
Reorganization Act". This opinion holds that Indian preference
is limited in scope to the Bureau
of Indian .Affairs (BIA) or to
organizations that are transferred
intact from BIA to other entities.
Tarr's opinion of 1988 still defines the position of DOI today.
A separate memorandum issued in 19% by the then-Solicitor General concluded that w hen
the Office of Special Trustee
was created by the American Indian Tmst Refonn Act of 1994.
Congress intended that the OST
not be bound by the same Indian
preferences that applied to BL4.
The approach maintained by
the Department of Interior is that
when positions previously enjoined by Indian preference are
transferred to a new department
with new responsibilities, the
notion of Indian preference no
longer applies to tlie new positions.
At issue is the Office of Appraisal Sen ices (OAS). When
this organization had been previously transferred, die jobs were
transferred intact, meaning they
maintained their same job functions and thereby also retained
their Indian preference status.
Once the
OAS fell under the Office of
Special Trustee; it was no longer
part of the BIA and therefore did
not necessarily inherit Indian
preference for the jobs there
under.
Ilie proposed reorganization
by DOI would be done in such
a manner that Indian preference
would no longer apply, since the
jobs would no longer be intact
and therefore no longer resemble
tlie positions as they once were
at the BIA. In this way, not only
does the job description change,
but tlie need to give preference
to Native American applicants
also evaporates.
According to die October
23rd memo from die Office of
the Solicitor, "if the transfer
of die OAS occurs, it would
be dissolved as a separate unit
and its employees would have
a changed and expanded set of
duties. Under diis circumstance,
we do not think that diis would
involve an intact transfer of
DOI to page 6
A Dakota community's shame
By Maxine V. Eidsvig
I ilia Deloria, noted Dakota
writer, wrote in her book, Speaking of Indians, that the Dakota
people of the past found a way
to live hannoniously through
kinship. She further wrote "that
die ultimate aim of Dakota life,
stripped of accessories, was
simple: One must obey kinship niles; one must be a good
relative. Widiout that aim and
the stniggle to attain it, the people would no longer be Dakotas
in truth. To be a good Dakota,
then, was to be humanized,
civilized. And to be civilized
was to keep the niles imposed
by kinship for achieving civility, gocxl manners, and a sense
of responsibility toward every
indn idual dealt with." It is a sad
commentary to EUa Deloria1 s
legacy that Indian communities
today bear little resemblance to
her vision.
Paul Allen Crooks is a 67
year-old enrolled member
of the Lower Sioux Indian
Community. Paul fulfilled his
two-year residency requirement
to "reacquire his membership
privileges" (per capita) sometime
in the mid-1990s and he
began receiving per capita payments from Indian gaming
revenue. At some point Paul left
the area and became a resident of
a care facility outside the 10-mile
residency area of the community.
Paul continued to receive die
payments until October 29,2001,
when he was notified diat because he left die community for
two years his 'membership
privileges" were revoked.
Paul is one of the unfortunate
citizens in our society who is
vulnerable and voiceless. He has
been declared legally incompetent to handle his own affairs because of a mental disability. His,
brodier, Steven, was made die
conservator for his affairs.
After Paul had Ins "privileges"
revoked, he returned to die community to live widi Steven. Soon
alter, Paul suffered head injuries
in a fall. After a period of time
in a Twin Cities hospital, he
was returned to a care center in
Franklin, MN, which is within
the 10-mile residency area,
where he is currently a resident.
Paul is required to fulfill another residency period, which
in the meantime, has been
changed from two to five years,
before he can have his per
capita restored. Steven was
charged widi seeing that die
notarized monthly residence
forms were submitted in a timely
manner. However, Steven is not
a very reliable person, a fact of
which die community council is
well aware. For each month that
a fonn is not submitted, anodier
mondi is tacked on to die five
years.
In the Monday, October 13,
2003, issue of The Redwood
Gazette in Redwood Falls, MN,
it Was reported in the court news
diat Steven has been charged
with dieft mid financial exploitation of a vulnerable adult. Steven Crooks, in liis position of
conservator of Paul's account,
allegedly wrote checks out of
Paul's account for items odier
dian for his personal care. In all,
Steven allegedly spent $45,000
of his brother's money, and
failed to pay for Paul's
prescription drugs and other
healdi care needs.
SHAME to page 7
Potts hits jackpot at Leech Lake Casinos
By Diane White
('ha ching! Cha-ching! One
million, eight thousand dollars in
a three year contract or if I .eech
I .ake (laming docs not terminate
the contract in writing by September 1, 2(X>6, then one milhon,
three hundred, forty -four thousand dollars in an automatically
renewable one year extension
agreement. ("raig'T. Potts, owner
of ('ash Systems, Inc. signed
a Kiosk Promotion Agreement
on July 5, 2003 widi Corporate
(commission ('hie! 1 •Accutive Officer, \ like Johnson thai became
effective on November 1,2003
with the first $28,000 payment
due and payable. According lo
the contract, the monthly fee can
Ik- automatically deducted from
the commission due I eech I ake
under die March 10,2003 Financial Sen ices Agreement
The Kiosk Promotion Agree
mail gives Potts the exclusive
tight to install and operate four
promotional kiosks in each
casino, including the future
Shingobee Casino & Marina. An
additional provision allows Potts
and Johnson to increase the number of kiosks as ihc> agree to on
behalf of their respective com
panics l ach kiosk will operate
an " Vnlinc ticket Giveaway"
during the first three months
totaling at least a dozen airfare
prizes provided by Vacation Ventures, Inc. ("Wl") with pending
conditions, such as die "winner" must travel to only diose
locations offered by Wl and
purchase hotel rooms for a designated number of nights. The
conditions of die Airline Ticket
Giveaway are described in the
"Choose ''lour Paradise" book
provided by NAT. [Vacation
Ventures, Inc. is a company diat
offers promotional packages at
a low price due to die volume of
client businesses who purchase
travel packages such as this one
offered by Potts' Kiosks. |
Potts is released from the
Agreement if "CS1 fails to receive, or has revoked, required
licenses to provide the Kiosks...
." Johnson and Potts agree diat
applicable law controlling this
Agreement is I eech I ake's
Tribal Law and that all rights
and obligations herein shall be
governed in accordance widi die
laws of the I eech I ake Band of
Ojibwe. Therefore, this Agreement is null and void, since it
violates the Band's Purchasing
policies and procedures and
bidding process by not having
ihe appropriate signatures to
bind die Band to a $28,000 per
month kiosk rental agreement
'Especially since die Agreement
stipulates, "Each of the undersigned individuals executing diis
Agreement on behalf of Leech
Lake and CSI hereby represents
and warrants diat they have been
duly authorized by the necessary
corporate and'or Tribal action
to enter into diis Agreement on
behalf of die respective Parties
and diat, once so executed by-
such individuals, diis Agreement
is enforceable against the respective parties hereto." The Agreement does not have die appropriate Tribal Council Resolution
to give Johnson the authority to
by-pass Purchasing requirements
and signature authority. Furthermore, there are no Tribal Council
signatures agreeing to this Kiosk
Promotion Agreement
This Agreement conies at a
time when die Leech Lake Tribal
Referral, a program funded
mosdy out of Gaming proceeds
has nm out of money. Chris Be-
deau, Interim Director, started
die fiscal year, July 1. 2003 widi
a budget of S1.1 million dollars
and has exhausted funds in just
four mondis. ilie I Jders Program has been cut and the Youth
Program is on "probation" stams
for 60-90 days pending new or
renewed giant funding.
AGREEMENT to page 4
Indians' attorneys want to find Norton's role in
accounting block
By Robert Gehrke
\ssociated Pri
WASHINGTON   I awyersfor
American Indians said Tuesday
they want Interior Secretary
(rale Norton to testify under oath
about her role in a legislate c
plan to block a court-ordered 8C
counting of tribal money thai has
been mismanaged for more tiian
a century.
Norton said last week that
she knew nothing of the bid to
prevent the accounting until
< bngress had ahead] added it
to the bill selling budgets for her
department It was worked out
between <. Congress and \\ hue
I louse staff, she said.
The accounting, ordered by
U.S. District Judge Royee I am
berth, is meant to determine how
much more than 300,000 American Indians arc owed bj die go\ -
eminent, which mismanaged oil.
gas, timber and grazing royalties
for more than a century.
The American Indians' attorneys believe the department
sought the language to protect
Norton from being held in con
tempt for not complying with the
court order
If Norton maint;uns the White
I louse handled the measure
"then we go after the White
House.'' said attorney Dennis
(ringold. "We will go wherever
she leads us."
I ringold wants to take Norton's deposition next week, but
expects government attorneys to
try to stop it An Interior Department spokeswoman s;ud Tuesday that Norton was not aware of
die deposition request
The department has said to
comply widi Lamberth's ordered
accounting could cost as much as
NORTON to page 5
web page: www.press-on.net
Native *ms*
American
Press
We Support Equal Opportunity For All People
A weekly publication.   Copyright. Native American Press, 2003
Founded in 1988
Volume 16 Issue 21
November 7, 2003
The Peace Maker Center and City, Inc., sponsor a march on City Hall November 5, 2003.
Peacer Maker Center, City, Inc. sponsor march on
City Hall
By Vincent Hill
Mille Lacs Lake Anishinabe.
Ojibwe Elder-Mpls
This time no city governmental officials were on
hand at City Hall last Friday
''  greet a unified, but small
contingent of American Indian
and American black protesters.
A few whites, and odier ethnic
and racial members
joined in the protest against
police brutality.
The battle plan was much
like a two-pronged pincer attack, widi Indians attacking
from the near soudi side and
blacks coining in from the
near north side of Mpls. Logistics problems of strategy,
command, intelligence
gathering, and troop numbers
were obvious. No more than
a total of 75 Indians, with
the majority being kids, were
hastily put into marching formation at the American Indian
MovementfATJVI) headquarters,
known as die Peace Maker
Center. The City Inc., on the
near north side was only able to
muster 25 blacks, but including
the leaders, they appealed to be
seasoned demonstrators.
Black militant leaders standing on die steps of die south
side entrance to City Hall
vehemendy denounced Mpls
police officers for alleged sexual
atrocities against blacks in the
last several weeks. Stephen
Porter who was present at die
rally continues to maintain that a
Mpls officer sexually assaulted
him with a toilet-plunger handle.
Activist Clyde Bellecourt trying
to get in a few words shouted
diat die alleged 'Ron Johnson
urination issue' was still not resolved.
Please review the Native
American Press/Ojibwe News.
February 14, 2003 issue: front
page photo of the Pain and
Shame March, held on February
6, 2003. Ron Johnson had been
allegedly beaten and urinated on
by a police officer(s) in subzero
winter temperatures at the Little
Earth Housing projects, where
he was dumped. Tor more detail
on this March, see my commentary in the same issue, entitled,
'Reign of Terror in Minneapolis."
This most recent march on
City Hall in Minneapolis by
urban Indians was basically a
failure, if we view it in terms of
numbers, and other issues alluded to above. A positive point
in this march is that blacks ;uid
Indians were working together.
It may be time for die larger
Indian community in Mpls,
that supported the previous two
marches to City 1 [all in the last
year, to come up with new mid,
perhaps, creative alternatives
to stop, what 1 have termed, an
'open hunting season' on I rban
Indians in Mpls.
Leech Lake new casino, management contract
not approved by NIGC
By Diane White
A "Letter of Intent" signed
by all members of the
Leech Lake Band of Ojibwe
("LLBO") Tribal Council and
"Marketing Underw litters
Acquisitions Inc." dated May
1, 2003 serves as a legally
binding document "until such
time that full and complete
lease, financing and or
consulting agreements are
executed." This agreement is
the sole document governing
the building of Shingobee
Casino & Marina, the 100
Homes Project, and die new
Palace Casino to be located at
the old football field next to
the headstall building.
Leech Lake Gaming and
Tribal Council entered into
diis Letter of Intent agreement
to build one new casino and
re-build an existing casino and
purports not to need National
Indian Gaming Commission
(NIGC) approval for die
"financing of and management
consulting services" provided
by "Marketing Underwritters
Acquisitions Inc." I lowever,
there are very specific
instructions provided by
the NIGC through various
channels, including the Internet,
that spell out what each l\pe
of management consulting
services contract must provide
to NIGC for approval of such
a contract. Should the Tribe
not gain the approval of NIG('
within a specified date of the
management agreement, the
contract is null and void. The
Northern Lights expansion
included a feasibility study,
and NIGC requires Business
and Marketing plans on all
new casinos and complete
contracts with the management
company. < ho existing casinos.
NI< K ' requires 3 years financial
statements. Both new and old
casino projects also require
LLBO to page 7
Judge orders tribe to hand over records to BIA
By Becky Bolirer
Associated Press
BILLINGS- A federal
judge ordered the Northern
Cheyenne Tnbe Monday to
turn over social service program records to the Bureau of
Indian .Affairs.
1 .S. District Judge Richard Cebull denied the trilv's
request to temporarily keep
die BIA from assuming responsibility for social service
programs after an hours-long
hearing in which a BIA official testified about continued
concerns with the way they're
nin ;uid for the safety of children involved in foster and
child protection programs
"1 don't believe, as cur-
renth situated, the) can pro-
vide the sen ices needed." said
Louise Reyes, Indian sen ices
officer in the regional office of
the BIA
Cebull said he'd issue a
written opinion on Tuesday that
would order the tribe to hand
over "patient records" to the
BIA and would deny the tribe's
request for a preliminary injunction.
The BIA moved to take control of social service programs
on die resen ation last w cck.
when it said a contract held In
the tnbe expired  There were
"repeated and continued concerns" and tribal leaders knew
BIA was preparing to take o\ er.
said Yictona Francis, an assistant
U.S. attorney.
Tribal President (ieri Small
and Sue Parker, director of
Northern ( "heyenne Human Services, acknowledged problems
in the past Parker s;iid she v.
"completely unprepared for
the extent of the discrepancies"
when she came on a year ago.
But she s;ud progress has been
made, particularly in updating
and ordering case files Recent
quality assurance reviews by the
BIA that included such findings
as children not being visited
regularly and at least two foster
homes being potentially danger
ous were chock full of inaccuracies." Parker said.
When asked by Tom Towe, the
attorney representing the tribe,
if there was a failure to ensure
children were protected. I'arker
replied: "Absolutely not "
Reyes said officials on both
sides agreed earlier to regular
monitoring, such as case re
\ lew s But e\ en cases chosen
for review by program officials
raised concerns, she said.
Tor example, those involved
in a review last spring couldn't
tell from looking at a file where
some children even were in
the foster care system, Ri.
said Documentation such
children's health infonnation
BIA to page 7
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