Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-03-12

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Guilty on all five
charges; Henry
pleads guilty to role
in murder
page 8
One of the most Important
elections that Leech Lake
has ever had
page 4
Leech Lake Tribal
Referral Office -AKA
Pete White's campaign
headquarters
page 4
Bill introduced to
transfer ownership of
Lower Sioux Agency
Historic Site
page 4
Worthiness of
MIED Fund
questioned
page 4
Red Lake Custom Doors—The Sting?
VOICE      OF      THE      PEOPLE
By Bill Lawrence
In June 2000 the Tribal Council, by resolution, established the
Red Lake Custom Door Manufacturing Corporation (RL).
Tins action followed the May
2000 proposal for a joint venUire
by the Red Lake Band and an
entity known as River of Life
Companies (RoL).
In the proposal, prepared by
Michael A. Powell, the uibe
would contribute $300,000 in
capitol investment for equipment, start up, etc. and also
provide land and a building—die
Red Lake Sawmill. Red Lake
Builders would do the building renovation and a value of
$50,000 was established for the
retrofit building.
River of Life would contribute
$500,000 in sales. Additionally Red Lake would provide a
qualified workforce, tax credits
and "utilization of sovereignty
rights" (whatever that might
mean—see below) wliile RoL
provided patent rights, marketing
networks, training for management and work force.
The joint venture proposed a
60/40 split-60% for die tribe
and 40% for RoL. Sales projections, provided by RoL were: S3
million for 1200 units in 2000;
$6 million and 2400 units for
2001; $10 million and 5000
units projected for 2002.
RoL marketing proposed
sending a series of diree direct
mail advertising pieces within a
60-day period. The first mailing
was a postcard to 3000 architects
and contractors. RoL estimated a
very optimistic 20-25% response
to the initial mailing. Home Depot, Menards, Builders Square
and Ernst Hardware reportedly
would carry die garage doors.
The only draw back, according to RoL, diat "could occur
would be if we overextended the
capabilities of our company.. . in
manpower, infrastructure or support functions."
The overall proposal sounded
a lot like pie in die sky and according to a'Due Diligence
report was exactly diat. The
workforce was estimated to be
20 jobs in die first year growing
to 32 jobs by 2001 mid 58 by
2002. Annual wages were projected to be $463,440 for 2000,
$724,560 for 2001, $1.3 million
for 2002. Wage scale for trainees
was to be $8 per hour (this was
the minimum projected wage.)
Other workers would earn from
$10-14 per hour. The marketing
specialist wage would be $15 an
hour and die General Manager
would earn $25 per hour. The
approximate cost per door would
be S1202 and the sale price
$2500.
Everything looked promis
ing. Tribal Council audiorized a
total of $350,000 for die project
(diat's cash, building remodeling, land and building).
In January 2001 die Board
of Directors dissolved the Red
Lake Custom Door Manufacturing Corporation, that is Doors
I. Board membership is as
follows: Dan King, President;
Mke Powell, Secretary; Delores
Lasley, Bill Holtz and Harlan
Beaulieu. Did die Board have
the audiority to dissolve die
corporation? Did Tribal Council
concur? Was Tribal Council involved in the decision?
What happened? Could it
have been die disappointing
financial outcome for 2000?
There has not been a 2000 audit
so diat result is still unknown.
For 2001 the actual financial
outcome was considerably less
than Powell's proposal that projected $6 million for 2001.  The
corporation did not make money.
In fact, the venture came out
$114,743 in die hole. (Financial
Statements prepared by Brady
Martz, Certified Public Accountants, dated 12/31/01).
The audit advised "strengthening internal controls" by having "an officer of the RI, Tribal
Council review supporting documents and sign checks." Audi-
RED LAKE to page 3
Federal appeals court orders hearing on assault
charge against Mahnomen County officer
By Jeff Armstrong
When he was stopped by a
.\ lahnomen County deputy four
years ago, John Parker knew his
rights. He calmly handed the officer his slate driver's license and
tribal identification, informing
deputy Sid Canham diat he had
no audiority to enforce state traffic laws against a tribal member
widiin resenation boundaries.
Nearly tiuee years after the Stone
decision, resenation jurisdiction
should have been an established
legal principle, but state law enforcement continued to enforce
.\ linnesota traffic laws under the
guise of a cooperative agreement
with the White Larth RBC.
Like many of his colleagues,
Canham apparendy viewed the
assertion of legal rights as an
affront to his authority. When
Parker walked over to the squad '
car to retrieve his license and be
on his way, die deputy became
enraged.
"[Canham] jumped out of the
car and he starts swearing and
screaming when I said he had
no power to stop me. Then he
got crazier. He took out a club,
almost hit me widi a club. I got
scared," said Parker.
In accordance widi the law
enforcement agreement, die An- ■
isliinaabe man was issued a tribal
ticket signed by an officer who
was never present at the scene.
When Parker appeared in court
lo challenge the agreement, the
citation mysteriously disappeared
from die court docket.
But Parker was not willing to
let matters rest there. Aldiough
he had no legal representation or
training, Parker filed a federal civil
rights suit against (he officer and
die county. Predictably, the county
won summary' judgment against
the plaintiff in district court.
Yet Parker still refused to
throw in die towel, and in a
remarkable legal victory over
Mahnomen Comity, die 8th U.S.
Court of Appeals recendy granted
the pro-se White Earth plaintiff
the right to a federal court hearing of die assault portion of his
complaint against die county
deputy. Partially overturning the
U.S. disuict court, the appellate
court ordered die lower court to
place the case back on die trial
schedule.
"[The law enforcement agreements are] illegal. Everybody
knows diat, but when they're
brought into state court nobody
contests it because they're afraid
of retaliation," said Parker.
"[RBCs] can do anything the)
wmit, but diey emi't do it legally
unless the people okay it."
In November of 2001, Malm-
omen and Clearwater counties
unilaterally withdrew from their
agreement with White Earth, only
to revive the agreement on the
more favorable tenns to the state.
"The land and forests in whi
X laluioineu Count) is said to
be located have always been an
integral part of my religion, my
philosophy mid my identity as an
Anishinaabe person. These tilings
have not been sold by me; nor
did the White Earth people ever
agree to die illegal 'cooperative
agreement.' It is mi imposed act
unconsented to mid a product of
colonization. Only the United
States can deal with die .Anishinaabe in this area pursuant to the
[1867] treaty," Parker argued in
his appeal.
The Wally Richard and Gerald Show:
Who elected these guys anyways?
By Mindy Jones-Ruby
Leech Lake Resenation —
March 8,2004- What does die
words Constitutional Officers,
Executive Orders, Executive Officers, Home Rule mid Federal
Receivership have in common?
Each of these words has been put
into play for die consolidation
of governmental powers or as a
result of die actions of the Executive Administration of die Leech
Lake Band of Ojibwe by Exec-
Director Gerald White, Richard
A. Jones Jr, Wally Strobakken,
Chainnan White mid Secretary-
Treasurer LaRose. These men
have chosen to warp die Revised
Constitution mid By-Laws of die
Minnesota Chippewa Tribe, however and whenever diey see fit.
The purpose of a constimtion is to control die process of
govenunent as well as to protect
the people from governmental
interference. Which is why die
use of Political Language must
be precise because diese words
me meant to convey a diought
or a series of uiouglus to a wider
often times unfamiliar audience.
Which is why die term "home
rule" should never have been include on a document concerning
any governmental function of the
I xech Lake Band of Ojibwe.
First of all die phase "home nile"
does not exist. There is a phase
widiin Political Science language
of "Comity Home Rule", diis
was a way for die counties to get
out from under die control of die
states. Chairman White used die
tenn "home rule" to describe what
he assumed was mi internal tribal
matter. However what Chairman
White attempted to say is not what
diose words meant
Chairman While used a tenn
dial applies only to comities, by
placing diose two litde words in
mi official document widi regards
to die Governmental Affairs of
die Leech Lake Bmid Of Ojibwe,
Chairman White may have jeopardized die federally recognized
relationship of die Leech Lake
Bmid of Ojibwe widi die Federal
Government of the United States
of American again.
Chairman Peter D White correspondences places The Leech
Lake Bmid of Ojibwe political
relationships on par widi die
county level negating die Bmid's
government-to-govemment relationships. This is why die application of any Political Language
into any documentation concerning the governmental Affairs of
the LLBO must be precise. If a
person does not understand the
word, diey should never use it.
In Chairman Peter D. White
response of Febniary 13,2004
to Minnesota Chippewa Tribe/
Tribal Executive Committee
President Norman Deschampe
concerning die unconstitutional
suspension of District II Representative Burton "Luke" Wilson
states " I agree that you accurately interpreted Article VI, Section 1 of die MCT Constimtion
as a recitation of powers diat are
vested in each of die Reservation Business Committees, and
further that the Constitution does
not address die authority of indi-
SHOW to page 6
Indian Health Service launches electronic health
records: Native health histories to be 'on line'
By Jean Pagano
The Indimi Health Senice
(IHS) recendy announced plans
to develop a comprehensive
electronic health record (ETIR).
The Indimi Health Senice, a
branch of die Department of
Healdi mid Human Services has
stated that die ETIR will provide
clinical case management for
five chronic diseases.
The clinical case management
will include die diabetes case
management system, which was
developed in 1998, Further software development will be needed
to produce case management tools
for four odier chronic diseases diat
affect Native peoples: coronary
vascular disease, astiima, HIV,
mid obesity. According to IHS, die
development of die four new case
management tools is underway
mid is scheduled for deployment
later this year. The full rollout of
die EHR lo all D IS branches is not
scheduled until 2008.
The ETIR allows healdi care
providers, namely die Indimi
I lealtii Senice, to manage all
aspects of patient cases electronically, from data retrieval,
capture, patient review, data
collection, mid data storage, to
allowing access of patient information to a wide rmige of healtii
care professionals.
The Indimi Health Senice
EHR was modeled after die
Veteran Healdi Administration's
EHR as implemented in die
Computerized Patient Record
System (CPRS). The CPRS is
used system-wide in the Veterans
Health Administration hospital
network.
In 2001, the Patient Chart application was developed. This
tool allows healdi care providers
to enter limited charting data, access patient records, graph measurements mid lab results, enter
laboratory results, mid generate
referrals. As die product continues to evolve and becomes more
comprehensive, more mid more
patient data will be accessible by
doctors, nurses, administrators,
mid anyone else diat may have a
need to see patient records.
The architecture of die Electronic Healdi Record system
ONLINE to page 5
web page: www.press-on.net
Native
American
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2004
Founded in 1988
Volume 16 Issue 38
March 12,2004
Minneapolis Police Chief McManus and Deputy Chief Lubinski meet MUID Urban Directors.
New Minneapolis Police Chief offically meets with
Minneapolis urban Indian directors
By Vincent Hill-Mpls
The new Mpls police
chief Willi am McManus, accompanied by deputy chief
Sharon 1 iihinski-along with
2 odier police officers-met
offficially with the N [pis
Urban Indian Directors
(NIUTD), at die Mpls American Indian Center on
East Franklin Avenue.
The new chief" s reception
was not exacdy trumpets
playing, but rather a cordial
mid 'Wait mid see' approach
bv leaders of the urban In
dimi community in .\ [pis. AIM
leader Clyde Bellecourt set the
pace by citing past and recent
inhumane treatment incidents of
Anisliinabe inebriates by Mpls
police officers. Bellecourt, also,
implied that American Indimi homicides were incomplete investigations, such as the case of Evan
Denny, a young Anisliinabe, that
was murdered by gang members.
No questions were posed to
the new police chief, nor for
deputy chief Lubinski for diat
matter. Wliile some of the MUID
leadership me still ambivalent
in advocating open support for
chief McManus, thus far, in
his early tenure, he has acted
quickly and fearlessly, i. e.,
suspended deputy chief Lucy
Gerald mid two other JiigJi
ranking police officers for their
wrongful handling of information in the shooting case of Duy
Ngo.
Ml ID co-chairman Justin
Huenemann described Chief
Mc.\ [anus as a "straight shooter, "mi apt description based on
the new chief s pasl and current leadership record.
Casino proposals move through committee
By Ashley 11. Grant
Associated Press
ST. PAUL-A proposal
that would allow a new casino to be built by two .northwestern Minnesota tribal
governments hit its first jackpot Friday, when it won the
endorsement of a key House
committee'.
"We're asking you for
your support today," said
Doyle Turner, chairman of die
White Earth Band of Ojibwe.
"This casino means a great
deal io us. We've been here
diree yems with this."
In die past, however, die
bill has been stopped almost
before it even got started.
The plan, sponsored by
Rep. Bill Haas, R-Champliii,
aims to put a casino in the
northern Twin Cities area,
with profits split between the
state mid the niral Red Lake
mid Wliile Earth bands.
Those two tribal governments
represent about 65 percent of
.\ linnesota's American Indimi
population, roughly 32,000 people. But because of dieir remote
locations, they've earned far less
from gmnbling dian smaller Uibes
elsewhere in die state - particularly those whose resenations are
closer to die Twin Cities.
"We're giving these two bands
a way to belter die way of life on
die resenation," Haas said.  ,
The casino would have about
4,000 slot machines, slighdy
fewer than at .\ lystic Lake in
die soudiem Twin Cities area.
Revenues are estimated at aboul
$65 million annually for each of
the bands mid $90 million for the
slate's general treasury. In addition, the state lottery woidd receive about $120 million to help
promote mid market the facility.
Red Lake mid White Earth -
the two poorest bands in the stale
_ also me die only two of the
state's 11 tribal governments dial
aren't members of die Minnesota
Indimi Gmning Association.
MIGA opposes any new casinos.
Angela Heikes said the primary market for die N lille Lacs
bmid's Hinckley and Mille Lacs
casinos is die Twin Cities area.
A new casino closer to the metro
area would take business away,
she said.
"In any business, location is
what matters," she said.
The bill, which also has the
support of House Speaker Steve
Sviggum, passed 7-6 mid now
goes to the Slate Govenunent
Finance Committee. It will face
a tougher time in die Senate.
Two odier casino bills were
discussed Friday, but set aside
widiout an immediate vole:
CASINO to page 6
Hundreds of       Minnesota tribes betting on
tribal members   goodwill ads
gather at Capitol to protest
gambling
By Ashley 11. Grant
Associated Press ^
ST. PAUL-American Indians flooded the
Capitol steps Tuesday to
protest a bill that would
ban slot machines in Minnesota by 2006 if tribes
refuse to renegotiate their
gmnbling compacts widi
die state.
"Stop the war against
tribal gaming in Minnesota," John McCarthy,
executive director of the
N linnesota Indimi Gaming Association, said to
cheers from the group of
more than 1,000.
Minnesota's compacts
have no expiration date
mid die 11 tribal govern-
PROTEST to page 6
Associated Press
MINNEAPOLIS - Some
American Indian Uibes are mnning television commercials
aimed at generating goodwill
during the debate over expanding
gmnbling in Minnesota.
The Prairie Island Indimi Community, operators of Treasure
Island Resort mid Casino near
Red Wing, is running a $200,000
television ad campaign.
One 30-second spot shows
images of Miesville firefighters,
die Goodhue Count) I hstorical
Society and hockey players at
die Red Wing High School ice
arena, with dollar figures on die
screen to show donations die
tribe has made to the organizations.
The spots me airing during
one of the hottest debates in
yems over expanding gmnbling
in Minnesota. That prospect
dircatens the Indimi monopoly
on casino gmnbling in a S1 bil-
ADS to page 5
Appeals court affirms dismissal of
Mille Lacs County lawsuit
By Joshua Freed
Associated Press
MINNEAPOLIS - Mille Lacs
County has lost miother round
in its border dispute widi die
Mille Lacs Bmid of Ojibwe, as a
federal appeals court upheld die
dismissal of die county's law suit.
The county had wanted 61,000
acres declared outside die American Indian resenation in central
N linnesota.
But die 8tii U.S. Circuit Court
of Appeals niling on Tuesday
said the county and 1 'irst National
Bank of Milaca don't have standing to sue, and haven't shown
diat anyone has been harmed
by die bmid's jurisdiction claim
over land used as security in bank
LAWSUIT to page 6