The Ojibwe News (Bemidji, Minnesota), 1997-01-24

              Background checks used to dismiss
minority fire cadets, despite court order
By Gary Blair
The recent dismissals of seven fire
cadets from the Minneapolis Fire
Department has created another twist
in the long running battle over
allegations that the city discriminates
in its hiring practices of minority
firefighters.
The cadets were hired on Oct. 21,
1996, as part of a 23-member class
scheduled to graduate from training
the following month. Fire Chief Tom
Dickinson fired the cadets on Nov. 27,
1996, stating that they had not passed
their psychological examinations. It
has since been reported that the tests
administered to the dismissed cadets
had not been screened for cultural bias
by the city's personnel department.
On Dec. 2, six of the cadets who
are minorities, five Black and one
Native American, filed a complaint
with the City's affirmative action
director, Larry Blackwell, alleging
race discrimination. Three days later,
in a letter addressed to Minneapolis
fire chief Dickinson, Blackwell asked
that the cadets be reinstated pending
an investigation by his department.
On the same day, Dec. 5th, fire chief
Dickinson declined Blackwell's
request for the reinstatement of the
cadets.
A week later, the Minneapolis City
Council's executive committee voted
to place the former cadets on paid
administrative leave pending the
outcome of Blackwell's investigation.
At that time Blackwell said he would
completed his probe of the cadet
dismissals within sixty days.
Since that time the fire chief has
claimed publicly that the terminated
cadets have "gang" affiliations and
criminal records obtained from
background checks. Such background
checks were not to be conducted,
according to a 25-year-old federal
court order that directed the City to
integrate its fire department. Fire
chief Dickinson has now been accused
of doing the background checks in
previous years, charges Dickinson has
not responded to.
Blackwell told the PRESS
Wednesday that he has resigned from
Dismiss cont'd on 3
Judge rules state cannot enforce city laws
against Natives on reservation
By Jeff Armstrong
Minnesota courts have no legal
authority to enforce local curfew
ordinances against' Native youths
within reservation boundaries,
according to a recent state district
judge's ruling.
"The City of Cass Lake curfew
ordinance sought to be enforced in this
instant case is a local law, and does
not have statewide application. The
ordinance is therefore not enforceable
against Indians on the Leech Lake
CORRECTION
The headline to last week's article,
"IHB, Smith hit with another lawsuit
by former employees alleging abuse"
(Jan. 17,1997), may have incorrectly
conveyed the impression that the suit
was new litigation. In fact, the
complaint was filed by the plaintiffs
in March 1995, as the first sentence
of the article notes. We apologize for
this proofreading error, for which the
writer bears no responsibility.
Reservation," wrote Cass County
judge Michael Haas in his Jan. 8
ruling. Haas dismissed three curfew
citations brought against Anishinabe
juvenile James Martin during a three-
week period last summer.
According to federal Indian law,
states are presumed to lack
jurisdiction over reservations within
their territorial limits without explicit
congressional approval. Public Law
280 grants Minnesota and several
other states broad authority on
reservations to enforce state criminal
laws and hear private civil disputes in
state courts, but the federal law
specifically bars state jurisdiction over
land ownership and treaty rights
questions.
The U.S. Supreme Court has also
firmly established that the act does not
extend civil regulatory authority to
states, thus exempting tribal members
from laws which impair their right to
self-government. Like most statutes
pertaining specifically to juveniles,
curfews are considered civil
regulations of generally allowed
conduct,   rather   than   criminal
prohibitions of such behavior which
may be subject to state jurisdiction.
In his recent district court ruling,
however, judge Haas looked more at
the source than the nature of the law.
Haas relied heavily on the Supreme
Court's 1987 decision in California v.
Cabazon Band of Mission Indians in
ruling that a city or county cannot
impose its laws on Natives within
reservation borders.
The Cass County judge emphasized
a passage in Cabazon in which the
court stated, "This language seems
clearly to exclude local laws." Haas'
three and one-half page memorandum
suggested that the wording of PL-280
and the high court's opinion made the
issue rather straightforward. "By its
terms, Public Law 280 seems to
exclude the application of local
criminal ordinances to Indians within
the confines of reservations," wrote
Haas.
Cass County district judge John
Smith came to a similar conclusion
last year, dismissing a Cass Lake dog
licensing charge against a tribal
member on jurisdictional grounds.
Dallas Anderson sentenced in murder of
infant Son      Afo further charges pending in case
By Julie Shortridge
On Wednesday, January 22, Judge
Steven Ruble sentenced Dallas
Anderson in Mille Lacs County court
to 225 months (18 3/4 years) in prison
for the murder of his 15-month old
son, Robert Sam.
A jury had convicted Dallas of
second degree murder on November
9, 1996 for shoving the toddler down
a flight of stairs a year earlier, resulting
in the child's death. Dallas has been
held in the Mille Lacs County jail
since being convicted.
According to medical examiners,
Robert Sam had suffered ongoing
abuse for the last few months of his
life, during which time Robert, his
father Dallas, and his mother Roberta
Sam lived with Merlin and Marge
Anderson. Marge Anderson is the
Chief Executive of the Mille Lacs
Band and Dallas Anderson's
grandmother.
Sentencing guidelines call for 150
months (12 1/2 years) for 2nd degree
murder. Judge Ruble said he imposed
a harsher sentence because of the
vulnerability of the victim and the fact
that Dallas violated his position of
trust and authority as Robert's father.
According to the lead prosecutor,
Assistant Attorney General William
Klumpp, Dallas Anderson will
Scott County considers setting up toll
booths near casinos
SHAKOPEE, Minn. (AP) _
Frustrated officials are considering
building tollbooths on roads leading
to two casinos because they've had no
luck getting the tribe that owns them
to deal them in on the revenues.
Scott County officials say they have
been unable to persuade the Shakopee
Mdewakanton Sioux Community to
pay more money for services
connected with the Mystic Lake and
Little Six casinos in Prior Lake, such
as road, law enforcement and court
costs.
So county commissioners told their
staff this week to draw up details for
three proposed tollbooths on two
county roads running to the casinos.
The tolls could range from 75 cents to
$1 per vehicle and could raise $2.3
million annually.
The county has little leverage in
negotiations because the tribe is a semi-
sovereign nation and its small
reservation is exempt from property
taxes.
"We've been attempting to negotiate
for over four years," said Ed Mackie,
vice chairman of the Scott County
Board. "We've put several proposals
on the table but never really got a
counterproposal back. We kind of felt
like we were negotiating with
ourselves."
In a letter to the board Thursday,
tribal Chairman Stanley Crooks called
the tollbooth proposal "ludicrous" and
accused the county of "public displays
of disrespect." He also said the door to
negotiations is not closed.
Crooks said the county's claim that
its taxpayers subsidize services to the
casinos is misleading. He said the tribe
has paid Prior Lake more than $1
million for fire and police services
since 1992 and pumps more than $20
million annually in wages and vendor
fees into Scott County's economy.
Ten of 11 Wisconsin tribes didn't meet
federal gaming regulations
By Jim Chilsen
Ten of the 11 Wisconsin American
Indian tribes that have gambling on
their reservations didn't meet federal
gaming regulations and could be shut
down, according to a first-of-its-kind
federal report.
The tribes must meet all of the
provisions of the Indian Gaming
Regulatory Act by March 31 or face
heavy fines or even be shutdown,
according to Alan Fedman, director of
enforcement for the National Indian
Gaming Commission.
"I don't think it's indicative of any
fundamental problem of leadership in
Indian gaming operations," Fedman
said in a telephone interview. "I think
the subsequent reports will look a lot
better."
Nationally, only 45 of 274 Indian
gaming operations met eight key
requirements in the three-month period
that ended Sept. 30, 1996, according
to the report sent to the Secretary of
the Interior in November. In
Wisconsin, only three of 26 gaming
facilities met all eight requirements,
the report showed.
A second report, updated through
Dec. 31, is due out this spring.
Among the eight requirements were
conducting background investigations
on key gaming employees, paying a
fee to the NIGC and having an annual
independent audit for each gaming
Vote for the candidate of your choice in the LL elect.
Background checks used to dismiss fire cadets
Judge rules state can't enforce laws against Natives
Leonard Peltier: POW of US Indian Wars/ pg 5
Red Lake signs Self-Governance pact/ pg 6
Voice of the People
1
probably serve most of his time in the
St. Cloud prison. As with similar
convictions in Minnesota, Dallas is
likely to serve 2/3 of the sentence (12
1/2 years) behind bars, and 1/3 (6 1/4
years) on probation, unless bad
behavior or probation violations cause
him to remain in jail for the duration
of his sentence.
At the time of the conviction, defense
attorney Mark Kelly said he intended
to appeal the verdict to the Minnesota
Court of Appeals.
Klumpp says there are no charges
pending against other members of the
Marge Anderson household regarding
to the ongoing abuse of Robert Sam
which led to the child's death.
operation. .
Fines could reach $25,000 per
violation, per day, and while the
possibility of closing a gaming facility
remains, Fedman said he didn't think
any of the violations among Wisconsin
tribes would lead to that.
Fedman called the report a "wake-
up call" for tribes, but warned that not
too much should be read into the
results. He said many tribes could
have cleaned up the violations since
Sept. 30.
Deborah Doxtator, chairwoman of
the Wisconsin Oneidas, agreed. The
Oneidas had one violation _ failure of
the tribe to license a gambling
Tribes cont'd on 8
Fifty Cents
We Support Equal Opportunity For All People
Founded   in 19BB Volume 9    Issue 15        January 24, 1997
1
A weekly publication.
Copyright, The Ojibwe News, 1997
Walter Reese and Linda Johnston met, on Tuesday, at the LL Palace Bingo & Casino to state their
positions on issues affecting the people of Leech Lake. The election is Tuesday Jan. 28. Photos by JCO
Leech Lake candidates meet in MCT's first
one-on-one election debate
By Anne Dunn
Cass Lake, MN — The Palace Casino hosted an historical event January 21, when about 100 people gathered to hear the debate between candidates for the office of secretary-treasurer. The contest between Walter
Reese and Linda Johnston is the result of the first primary election in the
history of the Leech Lake Reservation.
Almost immediately, Johnston denied rumors that she had taken money
from the Reservation Business Committee to finance her political campaign. "I can't be bought," she said.
Reese was also quick to deny that
moderator Diane White had allowed
him to review some questions before
the meeting. "If I seem prepared it's
because I've been preparing for a
long, long time," he said. "I've been
to many places to advance Indian issues. Yes... I've researched, studied,
and prepared, but I have not seen the
questions in advance."
Johnston insisted she be allowed to
read her position paper before answering questions. Although White told
Johnston that she'd have an opportunity to present her position following
the questions, Johnston proceeded to
read the statement she'd prepared.
Johnston said she supports reform and
her platform consists of three basic
issues; internal controls, planning for
the future and listening to the voice
of the people.
According to Johnston, the Paul Bu-
nyan Expressway will soon pass
through the reservation, bringing more
tourism to the area and an opportunity for prosperity. She also said that
the 5-person RBC is ineffective and
obsolete; business must be separate
from politics; LL needs an independent elected gaming commission; the
referendum vote must be fully utilized; the state sales tax agreement
must be revisited; lakeshore land
leases must be updated with special
provision for enrolled elders; reservation employees must be empowered;
the General Council must be fully rec-
Debate cont'd on 8
American Indians demonstrate at Capitol
to protest 'attacks on sovereignty'
By Brian Bakst
Star Tribune Washington
Correspondent
WASHINGTON, D.C. - One day
after President Clinton preached
about the need for togetherness, two
Minnesota Indian tribes came together
Tuesday with Indians from across the
country to protest threats to their
sovereignty.
Members of the Mille Lacs Ojibwe
and Prairie Island Dakota tribes were
among the more than 100 American
Indians who gathered outside the
Capitol to assail the last Congress for
passing legislation that restricts
gaming for a Rhode Island tribe.
Gaming receipts are an important
source of income for many tribes.
One by one, with the sound of
High court throws out U.S.
reservation land
beating drums and traditional chants
in the background, Indian leaders
pledged to support Rhode Island's
Narragansett Tribe in its attempt to
overturn the legislation and to fend off
future "attacks" on the Indian
community.
Mille Lacs' Majorie Anderson spoke
of the widespread implications of the
Protest cont'd on 3
law on Indian
By Laurie Asseo
WASHINGTON (AP) _ The U.S.
Supreme Court on Tuesday threw out
a federal law that requires small shares
of Indian reservation land owned by
individual tribe members to revert to
the tribe when the owners die.
Ruling 8-1 in a case involving
reservation land in Montana, North
Dakota and South Dakota, the court
said the law amounts to an
unconstitutional taking of private
property without fair payment.
The law "severely restricts the right
of an individual to direct the descent
of his property," Justice Ruth Bader
Ginsburg wrote for the court.
Between 1887 and 1934, much of
the land on Indian reservations was
divided into tracts and allotted to tribe
members. But as the land passed from
one generation to another, large
numbers of people began inheriting
smaller and smaller shares of
individual tracts.
In 1983, Congress enacted the Indian
Land Consolidation Act, which
required many of the tiniest fractions
of ownership to revert to the tribe
when the owner died. The Supreme
Court ruled in 1987 the law violated
the Constitution's ban on government
takings of private property without
fair compensation.
Congress subsequently amended the
law. The new version affected land
interests representing 2 percent or less
of a tract that would not generate
income, from farming or other use,
more than $ 100 during any of the next
five years.
Owners could leave such land
interests to someone who already
owned a share of the tract. The new
Land cont'd on 3