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

              INDEX
NEWS AROUND INDIAN COUNTRY
NEWS BRIEFS
COMMENTARY/EDITORIALS
CLASSIFIEDS
2
3
4
7
It's been an honor
to talk with all
of you
page 4
Comments regarding
campaign slogan of
Archie LaRose
page 4
A desperate call
for help
page 4
Leech Lake:                          jiMPH
Government of
totalitarian dictatorship
page 4
Wrongful
tennination suit:
Another test of
the rule of law at
Leech Lake
page 4
Eleven former Leech Lake Tribal employees to file
wrongful termination in Tribal Court
VOICE      OF      THE      PEOPLE
By Bill Lawrence
Press/On has learned that
eleven individuals who believe
they have been wrongfully terminated are expected to file a
Complaint for Civil Rights and
Liberties with the Leech Lake
Tribal Court on Friday, December 3. Named Plaintiffs are:
Robert Goggleye, Veldon Baird,
Frank Bibeau, Wallace Storbak-
ken, Andrea Wade, Bruce John
son, Deana McDaniels, Delina
White, Richard Jones, Carrie
Kolodji and Roxanne LaRose.
These individuals occupied positions ranging from tribal attorney and controller to 100 homes
executives, public relations to
court advocate. The positions
were all relatively high status
jobs largely because of the relationship that existed between the
employees and the then existing
power strucUire. They were responsible, high level jobs. With
one exception all jobs were held
by Leech Lake members.
Defendants are: Burton
"Luke"Wilson, Lyman L. Losh,
Donald "Mick"Finn (all District Representatives), Richard
Robinson, Jr., a former District
Representative and George
Goggleye, LLRBC Chairman.
All are being sued both individually and as representatives of the
Leech Lake Reservation Busi
ness Committee (LLRBC) a/k/a
Leech Lake Band of Ojibwe
(LLBO). Also included as defendants are: Michael Garbow,
John Wind, Rodney White and
Sally Morrison. All of die details
reported here are compiled from
a draft copy of die Complaint.
The complaint alleges that the
Leech Lake RBC has "openly
abusfed] governmental power
to ... oppress, injure and harm
people." That they have acted
"completely outside the scope
of any official or sovereign duty,
responsibility or protective immunity. [Thereby rendering]...
the usual protections by law enforcement as well as oilier legal
remedies, recourses and relief.
.. perpetually elusive." Further,
they say governmental officials
have all too often not concentrated on goals that benefit all die
people.
The result has been denial of
protections, privileges and immunities guaranteed and articulated by the constitutions of the
U.S.A., the Minnesota Chippewa
Tribe (MCT) and the Indian
Civil Rights Act (ICRA).
True freedom, independence,
civil rights, freedom from oppression, in short all die guarantees of a true democracy, have
been denied to die Anishinabeg
people of the Leech Lake Res
ervation in general and to the
Plaintiffs in particular.
The Plaintiffs state they are
victims of a purge by the new
Tribal Coimcil headed by Chairman Goggleye, because they
were perceived to be associated
with or in support of the former
administration chaired by Peter
White with Arthur "Archie "
LaRose as Secretary/Treasurer.
The new administration fired
people widiout notice, widiout
due process or right of appeal,
"using tactics of fear and intimidation sometimes combined with
police powers." •
The complaint claims the
conspiracy began sometime ago
with initial attempts to remove
"Archie"LaRose from office
in order to take over die Tribal
accounting fmictions, and that
this goal has been the on-going
motivation for the Defendants'
actions. Upon receiving an order
from Judge Anita Fineday which
barred all persons except Representatives Wilson, Robinson and
Losh (or their designees) from
the Accounting Office, Defendants systematically began the
removal of all employees they
viewed as political enemies.
Plaintiff Bibeau was removed
from die Legal Department on an
order by Defendant Wilson who
COURT to page 3
Indian housing funding stays the same
By Jean Pagano
Congress recendy passed
die 2005 combined appropriations act and Native Housing
initiatives had to compete for
scarce federal funds with other
programs. After all was said and
done, Native programs enjoyed a
few increases and also suffered a
few setbacks.
Funding for the Native American Housing Block Grant (NA-
HASDA) dropped after several
years of increases. In 2002, the
enacted amount of NAHASDA
funds was $648.6 million, which
grew to $649 million in 2003
and topped out at $654.1 rmllion
in 2004. The 2005 budget presented by President Bush called
lor a slight decrease in monies
to $647 million, but die joint
House and Senate resolution set
the final appropriation amount
at $627 million, $20 million less
than President Bush' request.
Native Hawaiian Block Grants,
requested by the President at $10
million in 2004 and $9.5 million
in 2005, received no fimding
whatsoever. The same fate befell
the program last year when no
money was appropriated.
Congress established the Section 184 Indian Housing Loan
Guarantee Program in 1994.
The program was designed to
promote home ownership, property rehab, and new construction
possibilities for eligible tribes,
Indian Housing Authorities and
Native American individuals
and families wanting to own
a home on Native trust lands.
This program has also endured
cutbacks over the past several
years. After enjoying enacted
budget amounts of $6 million
in 2002, $5.3 million in 2003,
and $5.3 million again last year,
die President requested diat the
program's funding be reduced to
only $1 million in 2005. However, die conference committee
decided that die $ 1 million was
too low and upped die allocated
amount to $5 million.
Section 184a, die Hawaiian
Loan Guarantee program has
had its fimding remain steady
for the last few years at around
$ 1 million. Funding remains unchanged in 2005.
The Office of Housing and
Urban Development administers
community Development I31ockv
Grants (CDBG). CDBG provides funding for diree catego-
FUNDING to page 5
Novo Nordisk announces Diabetes Scholarship:
Native American nursing students chosen
By Jean Pagano
Novo Nordisk, an international
leader in diabetes care, today announced the creation of die Novo
Nordisk Diabetes Scholarship
Fimd for Native American nursing smdents. The scholarship is
designed to recognize academic
achievement and excellence
among Native American nursing
students and also to encourage
them to focus dieir careers on
diabetic education, research, and
treatment in Native communities.
The first scholarships awarded
by Novo Nordisk were to two
Native smdents at the College
of St. Scholastica in Duluth. The
recipients of die awards were
Kristine Aiken, a member of the
Red Cliff Band of Lake Superior
Chippewa, and Robin Johnson,
a member of the Fond du Lac
Band of Lake Superior Chippewa. The scholarship winners
were chosen by the College of
St. Scholastica based upon the
students' academic records and
dieir desire to serve Native communities.
The Diabetes Scholarship
Fund for Native American nurses
is part of the Novo Nordisk Take-
Action Program, which promotes
sustainable development in communities that have a higher incidence of diabetes.
Martin Soeters, president of
Novo Nordisk, was quoted in a
recent press release stating "The
Novo Nordisk Diabetes Scholarship Program is an example of
Novo Nordisk's commitment
to social responsibility. We are
dedicated to providing the best
possible healdi care to people
with diabetes, and we believe
our program is one way to address die diabetes crisis facing
Native American communities."
Diabetes has become one of die
most critical health care issues
facing Native Americans today.
Native peoples are 2.2 times
more likely to have diagnosed
diabetes than non-Hispanic
whites. 107,775 Native American or Alaskan Natives that
receive healthcare from the In-
SCHOLARSHIP to page 5
New TV ad by San Manuel tribe
attacks Schwarzenegger
By Chris T. Nguyen
Associated Press
LOS ANGELES - One month
after supporting a defeated ballot initiative campaign, die San
Manuel Band of Mission Indians
continued pushing television
commercials attacking Gov. Arnold Schwarzenegger's efforts to
collect revenues from California
tribes.
The second in a series of ads
aired statewide diis week, saying
the governor has not been fair in
demanding diatvvtribal governments pay diree times more taxes
than any other business."
That statement was a s'tab
at Schwarzenegger's ongoing
negotiations widi tribes to pay
as much as 25 percent of their
gambling revenues to the state
in exchange for rights to operate
additional slot machines.
California businesses are taxed
8.84 percent, an amount Proposition 70 proposed tribes to pay in
exchange for having unlimited
gambling rights on their reservations. Only 24 percent of Nov. 2
voters supported it.
San Manuel, which contributed more than to die initiative
campaign, plans to spend millions more producing similar
ads, said tribal Chairman Deron
Marquez.
vsTliis commercial is basically
saying tribes have never used
tax in the state of California for
any of our programs, but the
governor feels the need to get 25
percent from us to fix the ills of
California," Marquez said in a
recent phone interview.
Marquez said the ads seek
to educate people about Uibal
sovereignty and to address statements by Schwarzenegger - who
said publicly diat tribes were
ripping off California. There will
be several more new ads through
2007, he said.
Schwarzenegger spokesman
Vince Sollitto disputed claims by
San Manuel of unfairness.
vvWhat the governor wants is
for California's Indian tribes to
make a fair contribution of gaming revenues in exchange for the
monopoly the state has given
them," he said. vvSome have,
some haven't. This tribe is in die
latter category."
The governor has struck deals
with 10 tribes estimated to bring
hundreds of millions of dollars a
year to the state. In exchange, the
tribes were allowed to surpass
the state's 2,000-per-tribe limit
on slot machines.
Before and after die Nov. 2
election, San Manuel aired its
first TV ad featuring former
Minnesota Gov. Jesse Ventura.
""Didn't the governor promise
TV AD to page 5
Court fight could
hamper gas tax
collections on
ND Indian
By Dale Wetzel
Associated Press
BISMARCK, N.D. - Members
of two of North Dakota's American Indian tribes say die state
is illegally pocketing more than
$2 million in fuel taxes annually
from tribal members who buy
gasoline on reservations.
North Dakota's Supreme Court
has been asked to sort dirough
die dispute, and the justices are
hearing arguments in die case
Monday.
Bodi the state Tax Department
and four plaintiffs in the case,
including a Mandaree road and
building contractor, are challenging rulings by Northwest District
Judge Gary Holum.
The plaintiffs say tribal members who buy fuel on reservations should not have to pay
North Dakota's motor fuels tax,
which is 21 cents a gallon. They
claim tribal members pay $2.1
million annually in state fuel
taxes, whde the state estimates
the sum is roughly half diat.
No other state exempts Indians who buy fuel on reservations from its state tax, said Dan
Rouse, an assistant attorney general for die Tax Department.
FIGHT to page 5
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American
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Founded in 1988
Volume 17 Issue 25
December 3, 2004
$fc#5
AP Photo/Sioux City Journal, Tim Hynds
Celia Fatland of Sioux City pushes her cousin, Reese, 5, while lining up for a march Nov. 24,
2004, by Sioux City-area American Indians to protest what they say are Iowa Department of
Human Services' unfair handling of cases involving American Indian families. The protesters
marched from the Marina Inn in South Sioux City, Neb., to destinations in Sioux City, Iowa.
Story on page 3.
Osage Nation
awaits Bush's
signature on
landmark bill
By Kelly Kurt
Associated Press
TULSA, Okla. - The only
American Indian tribe barred
by federal law from choosing
its own citizens is looking to
President Bush this week to
end nearly 100 years under the
government's diumb.
Leaders of die Osage Nation
are eagerly awaiting the president's expected signature on a
bill diat would allow the tribe
to decide whether to open its
doors to potentially thousands
of people of Osage ancestry.
""The way I see it, this is
the first time in history we're
allowed to exercise our sovereignty," tribal coimcil member
Jodie Revard Satepauhoodle
said Wednesday.
In dividing up land under
die Osage Allotment Act, Congress in 1906 recognized tribal
control of die oil-rich mineral
estate on its northern Oklahoma reservation and granted
the 2,229 original allottees a
share of the royalties, known
as headlights.
Only about 4300 Osages
who have inherited a headlight
share can participate in tribal
government.
""What we're really talking
about are political rights," said
Principal Chief Jim Gray, who
along with eight new tribal
council members campaigned
for the change in the 2002
tribal elections.
Legislation sponsored by
Rep. Frank Lucas, R-Okla., affirms the tribe's rights to select
its citzenry and government
but leaves members' mineral
rights untouched. The presi-
BILL to page 5
Deck stacked against tribal casino
Associated Press
FARGO, N.D. - The Turde
Mountain Band of Chippewa is
not holding a strong hand in its
attempt to open a Grand Forks
casino.
Several major roadblocks
stand in the way of the tribe's
proposal to build Nordi Dakota's
first tribal casino on non-tribal
land.
The federal govenunent would
have to grant an exception to die
Indian Gaining Regulatory Act,
which has happened only three
times since 1988. And state lawmakers would have to change a
1997 law diat prohibits off-reservation tribal gaming.
Also, the state constitution
doesn't allow for casino gambling, which could force a statewide referendum on die issue.
The Turtle Mountain band also
faces opposition from die state's
other tribes, who fear an off-reservation casino could threaten
reservation jobs and sovereignty.
Gov. John Hoeven has die audiority to renegotiate die state's
gaming compact with the tribe,
but state residents ultimately
would decide die matter, his staff
attorney said.
""I diink the governor's take
on this is diat it would be die .
kind of expansion of gambling
diat ought to go to the vote of die
people, just like the (multistate)
lottery did," Duane Houdek s:ud.
Turde Mountain tribal leaders
made their pitch to die Grand
Forks City Council earlier this
month.
Along widi giving die city an
economic boost, diey said die casino would give die tribe access
to a large population base and
DECK to page 7
Four Bears bridge accident kills
one worker, injures three
By Curt Woodward
Associated Press
NEW TOWN, N.D. - A steel
support structure on a huge
bridge being built over Lake
Sakakawea collapsed as workers
were assembling it Tuesday, killing one man and injuring three
others, officials said.
Work has stopped on die $55
million bridge until at least
Thursday, said Tex Hall, chairman of die Three Affiliated
Tribes. The bridge crosses a
northern part of the Missouri
River reservoir on die Fort Ber-
thold Reservation in west-central
North Dakota.
""These weren't rookies. These
guys knew what diey were doing," Hall said of the workers.
""We have to find out - Why
did it collapse?" he said.
Hall said die four workers
were assembling die support
structure, which he estimated
to be about 50 feet tall, when it
toppled over about 10 a.m. Two
of die men were harnessed near
die top of the structure and a
third worker was next to it on a
platform at lake level, he said.
The worker who was killed was
pinned between die core of the
pillar and die heavy reinforcing
bars.
""I diink diat was almost instantly," Hall said die worker's
death.
The two workers harnessed
near the top were left hanging
upside down in dieir safety harnesses, Hall said.
""When it toppled over, they
went with it," he said. ""If they
didn't have die body harnesses
on, diey would have fallen off."
Hall said all four of die victims were American Indians, two
BEARS to page 3