The Ojibwe News (Bemidji, Minnesota), 1997-12-05

              Despite near unanimous opposition from MCT members,
TEC will seek $20 million settlement
By Jeff Armstrong
To the surprise of few tribal members
and the outrage of many, the MCT's Tribal
Executive Committee allegedly met secretly this week to approve its fraudulent
"non-constitutional referendum" vote to
accept a U.S. Justice Department land
settlement proposal.
The following events ofthe past year led
up to the TEC's apparent vote in favor of
the settlement, which can and will be challenged with the Interior and Justice Departments, which must approve the deal
too:
Oct. 8, 1996 TEC meets in closed session with attorneys Schoessler and Thome
at Mille Lacs casino in Hinckley. NAP
reporter's bag searched by casino secu
rity, allegedly for weapons or explosives.
TEC votes to hold public meetings on each
reservation before making decision.
Nov. 13, 1996 Leech Lake chairman Eli
Hunt calls first public meeting on proposed land claim settlement. 50 tribal
members present strongly oppose offer,
many raising questions about conflicts of
interest on part of claims attorneys
present. A majority of recently-formed
Leech Lake General Council representatives also reject settlement.
Nov. 14,1996 Fond du Lac meeting again
finds strong opposition to settlement.
Claims attorney reportedly tells White
Earth staff member seeking to arrange
hearing there that "we're calling off our
road show."
April 1997 Justice Department attorney
Pamela West states that government
would "leave the settlement offer 'on the
table' for another month. Schoessler assures West that resolution of political disputes should clear the way for passage at
May TEC meeting.
May 2,1997 White Earth RBC walks out
of first public TEC meeting there since
prior to Wadena regime in face of challenges on land issue, leadership positions.
May 13,1997 TEC meets secretly by telephone to pass resolution seeking six-
month extension to allow it to "develop
and implement a tribal public information
program about the proposed settlement"
Land cont. pg. 3
Hunt responds to removal effort, pg„3     I
Conspiracy against democracy at Leech Lake, pg.8
Plunder of Leech Lake continues unabated, pg.4
Armstrong argues Mille Lacs law enforcement invalid, pg 4
Affidavit for removal of Hunt petition signatures, pg. 8
Voice ofthe People
E-maii: presson@bji.net
Justice not served by secret civil rights settlements
By Gary Blair
When Debbie Applebee filed a race
based discrimination complaint with
the Minneapolis Department of Civil
Rights (MDCR) ten years ago, the
matter took four years to resolve and
ended with a secret, sealed agreement. She says that agreement served
only to cover up the treatment that
she had received and the crumbs of a
settlement she felt compelled to accept.
According to Applebee and others,
the MDCR process for handling discrimination complaints is discriminatory within itself, and there is no
indication that anything has changed.
Applebee said that she was pressured
into accepted the settlement by her
legal aid attorney and a three-member panel of the Minneapolis Commission on Civil Rights (MCCR).
Your writer would learn later from
other sources that the settlement
amounted to $1,200.
According to assistant MDCR director George Caldwell, sealed settlements are often entered into when a
discrimination lawsuit is agreed to by
both sides. "We can't do anything
about what they agree on, " he said.
Caldwell also agreed that the most
effective way to fight discrimination
is to impact the discriminator financially. The way the Minneapolis
Commission on Civil Rights secretly
processes settlements, there is no way
to know if MDCR complainants ever
receive proper compensation.
Ron Edwards a longtime Twin Cities civil rights advocate, says it has
been the higher profile cases that have
received the larger settlements. "The
other ones don't get much. The
MDCR only reports the larger or con-
troversial settlements," Edward
claims.
Applebee had filed the complaint
against her landlord, the now defunct
Phillips Neighborhood Housing Trust
(PNHT) and its director Chris Owens,
who resigned two years ago after tenants demanded his resignation.
Former PNHT staff said Applebee
received five years free rent in the
settlement and agreed not to disclose
the agreement. At the time of the
settlement Applebee's portion ofthe
rent was $20 per month and HUD
Section 8 was paying the rest. PNHT
and Owens were not held liable for
discrimination as a result of the
Applebee settlement.
Your writer was a tenant advocate
in the Phillips neighborhood at the
time of the incident. The following
is what happened: In Sept. of 1987,
Applebee and her three pre-teenage
children were living in a PNHT duplex apartment building two blocks
from the Minneapolis Indian Center.
UnjUSt cont. pg. 5
Fifty Cents
OjibWk
Founded in 1968
News
We Support Equal Opportunity  For All People
Volume 10 Issue 8 December S, 1997
A weekly publication.
Copyright, The Ojibwe News, 1997
Newly formed White Earth Community Council rejects
release of sex offender to reservation
authorities.
He also alleged the release of a sex
offender into the tribe's residential
chemical dependency treatment
program—Chi-Ska-Was-Eh Halfway
House—was a violation of the
program's own rules.
Manypenny, who claimed to be
quoting from the facility's policies
and procedures manual, said sex
offenders are prohibited there.
However,  hoth u  .ucui
officials said the program offered
initial acceptance of 45-year-old
Michael Wayne Neault into the
program. The program's director,
Mark Hanson, did not attend the
meeting.
Erma Vizenor, secretary-treasurer
on the White Earth Reservation Tribal
Council, expressed her reservations
about Neault's release to the
community. "People here are really
concerned," she said following the
hearing, attended by about 60 children
and adults.
Vizenor also said the matter—which
she understands to be the first-ever
Level 3  release onto an Indian
By Jamie Marks
Becker County Record
State officials got an earful as well
as a petition during a community
notification hearing Tuesday night.
Marvin Manypenny, chairman of
the newly formed White Earth
Community Council, presented the
petition—reportedly signed by more
than 370.r>eople—opposing the
release of a Level 3 sex offender into
the White Earth area.
In offering the petition, Manypenny
also questioned the state's right to
release a prisoner within the
boundaries ofthe reservation without
their express permission. "There is a
question here of civil regulatory
authority—at this point in our history,
that civil regulatory authority does
not belong to the state," he said.
Will Alexander, police and
community liaison for the Minnesota
Department of Correction, said he
was unsure how to respond to the
petition, but said he would bring the
matter to the attention of the proper
Indian tribes have bargaining chips, experts say
not shut them down."
At worst, "the state runs the risk
of ending up ... receiving no money
and no regulatory controls" over
the Indian casino
reservation in the state—needs to go
before the RTC. "They are not just
going to come in and put someone
here without coming to the tribal
council first."
Audience members lobbed a variety
of questioned and accusations at state
and local officials holding the
meeting. One person suggested Neault
should be confined to white society—
"we don't want your filth here"-
of Neault being assaulted were lie
released into the community.
Most expressed concern, and
questioned why a man with a lengthy
record would be released into a
community where children are
present, and where violence and drug
and alcohol abuse are already a
problem. "A lot of people feel we
really don't need another problem
coming into our community at this
time," said Ivy Ailport, a community
council member.
Authorities noted Neault has no
Offender cont. pg. 5
Hioto by L>eviirt tiiookj
MILWAUKEE, WI The governor
could run into roadblocks if he
attempts to follow through on threats
to close American Indian casinos in
Wisconsin, legal observers say.
Although Gov. Tommy Thompson
has sole authority to negotiate
agreements that permit casino
gambling on Wisconsin Indian
reservations, he lacks the ability to
close Indian casinos, those observers
told the Milwaukee Journal Sentinel
for a story Thursday.
Only the federal government can
close illegal Indian casinos, and the
U.S. Department of Justice has
waited years before exerting that
authority in Wisconsin and other
states.
"The tribes are not without
bargaining chips of their own here,"
Wisconsin Attorney General Jim
Doyle said. "You have the possibility
that the federal government would
Minnesota's "Outstanding Male
Indian Athlete of the Year Award"
priorto the Warriors' first home game
Tuesday.
The honor was awarded by the
Minnesota Indian Education
Association at a conference in October
 in Morton, but a plaque recognizing
would have to be negotiated. But Holthusen for the achievement will
Wisconsin voters in 1993 amended be 8iven t0 him Prior to Tuesday's
the state constitution and tightened contest versus Clearbrook-Gonvick.
 „_    _.„    state gaming law. New compacts,    This is the 12th consecutive year
industry that   by  law,  could  not permit slot *at the MEA has awarded the athlete
Randy Holthusen holding the "Outstanding Male Indian Athlete ofthe Year" award at the Red Lake High School
on Thursday morning. Athletic awards he received were the All-Northland Conference team. Other awards include
the an all-conference player in football as a sophomore and was also selected as the RLHS Most Valuablel Player.
Red Lake's Holthusen awarded for achievements on and off
field, COUrt Named MN Outstanding Male Indian Athlete ofthe Year
The Red Lake School District will Minnesota State Boys Basketball
be presenting junior boys basketball Tournament. The team finished fourth
player Delwyn  Holthusen  with   in the state and is poised to make a run
at the state tournament for a second
consecutive year.
As a sophomore on last year's
basketball team, he averaged 16
points per game, eight rebounds per
game and two assists per game and
was selected to the state
tournament's All-State Tournament
team.
Other athletic awards in
Holthusen's career include being
named the team's offensive player
ofthe year last year, hauling in the
nearly $700 million last year, Doyle
said.
However, John Matthews,
Thompson's chief of staff, said the
governor has his own weapons if
compact talks end with no
agreements. For example, the state
operating illegal casinos. A vendor
who sold to a tribe would be violating
state law and would risk losing the
ability to work in other states, such
as Nevada, that have strict licensing
requirements.
If Thompson sends notices which
could be sent as early as February
that he will not renew the current
compacts, new compact agreements
the All-Northland Conference team.
Also, as a sophomore, he was selected
as an all-conference player in football
and was selected as the team's most
valuable player. He has lettered in
three sports: basketball, football and
baseball.
However, his achievements do not
end on the field or the court.
Holthusen is also an excellent student
and role model for other Red Lake
Senior High School students. He is the
president ofthe RLSHS student council;
serves as junior class president; has
been mentioned in the book "Who's
Who Among American High School
Students"; and has represented his
school at several national conferences
concerning Indian education this year.
And yet, in the midst of all this, he still
maintains a 3.3 to 3.4 grade point
average.
In his little free time, Holthusen enjoys .
hunting, riding his all-terrain motor
vehicle and weight-lifting. He plans to
senior year, at a
brought in gambling revenue of   machines or blackjack, Matthews °f the vear awards to both male and   most rebounds and being selected to   attend college after his
and several Indian-gaming lawyersfemale Indian athletes in the state in       ""     * "    -
saj£j the effort to promote cultural strength
If, however, the existing compactsand unity and t0 helP build a strong
were extended, slot machines andfoundatlon f°r Indian education.
blackjack could be permitted to! Holthusen, a 6-foot, 5-inch junior
continue. Compacts are agreementscentei", starts for the Red Lake
between governments that outlind^mors boys basketball team, which
would pull the gaming licenses of the rules and regulations for Indian^ state hist°ry last year by being
vendors who sold to any tribes   gaming. The seven-year pacts werefhefirsta"-Indian team to play in the
college yet to be determined.
"I'm proud to receive this award, and
this just makes me want to work harder,"
he said. "It shows me that hard work
does eventually pay off." Holthusen
lives west of Ponemah with his parents,
Millie and Delwyn Holthusen Sr.
11-30-97 Bemidji Pioneer
Thompson says he's ready to shut down tribal casinospeUS SuPremeCourt Theissuebe
~ * ■» tore the court is whether taxes, collected
MADISON, WI Indian casino gambling   ments in mid-February if the tribes don't   other forms of gambling sanctioned b!Hegany on coal mined on the reserva-
■"     •      the state, such as bingo and parimutueion) had such a financja, jmpact on
horse racing. he tribe that it deserves the taxes, even
Before 1991, tribal casinos operatehough me money was paid by ^ CQm_
without formal state approval. That couliany that mjned ^ coa,
happen again if compacts are voided be The state argued k does not> dting a
causefederallawenforcementmaychoos993 Supreme Court opinion conclud-
The state is seeking more ofa share ofthe   to wait for the two sides to come to ahg tnat ^^j partjes cannot collect re-
revenue from tribal casinos. The tribes   agreement The U.S. Interior Departmeiunds 0f taxes th     djd not j^
"   also could impose compacts, according aIso argues that Montana and
to some interpretations of federal law goMher states have established Iega, pro.
eming Indian casinos. edures that taxpayers may use to pro-
^^^^^^^^^ Alfred Trepania, gaming liaison for thst ^j,. taes and to tiy tQ recoyer
the governor over casino gambling. "It's Lac Courte Oreilles Chippewa band, sa^ tney believe were collected un-
not fair to just terminate one tribe," Th- earlier this month that the dispute woul^^y
der seven-year compacts. They start to   ompson said Monday. "The best way to go to court if the gambling agreemeni"in an area of ]aw where predjctabi|.
expire at the middle of next year. Thomp-   be fair is to terminate all of them." Tribes are not renewed by the governor.        y of process is essentiai t0 maintain-
son said he is willing to end the agree-   could still be allowed to be involved in
signed with Wisconsin's 11 tribes*,    ,      -.. U   "    X " ix- ■■•■
in 199 land 1992 and expire between^ tate Tiles Dnet in in u Iti-in 111 io n dollar Crow coal dispute
August   1998  and  June   1999 LT „T.  ..„ /AD. „    _    rw        .     ,
Thompson has insisted that in orde.iELENA'MT (AP) The state of Mon-   tng the states' fiscal integrity, the court
for compacts to be extended, tribes*"***** ^{^T ?pea'S C0Urt   °f aPPeals has introduced eno™s un-
must reach agreement with the stat/'°Iated efabbshed le8a> P""C'P^   certainty," the state argued.
on non-gambling issues such as"1™ rt mled the T^       ?'l   ^      II contended ™at Westmoreland Re-
6 6 Eounty must pay the Crow Tnbe $58
nillion in illegally collected taxes.
ChipS COnt. pg. 3 Attorney General Joe Mazurek made
he arguments in a brief filed Friday in
could be phased out if the tribes don't   make concessions on non-gambling is
reach an agreement soon with the state to   sues.
extend their compacts, Gov. Tommy Th-     Those issues include environmental and
ompson said Tuesday. fishing regulations tied to treaty rights,
"They're playing with a great deal of and the handling of taxes between the
fire right now if in fact they call my bluff," tribes and local and state governments.
Thompson said. Thompson said he was
ready to allow the tribal compacts to expire. "I'm just letting everybody know how
strongly I feel about this...I'm willing to
reach an agreement, as I said from day
one, but they have to resolve these issues.
The ball's in their court," Thompson said.
Tribes have been operating casinos un-
now contribute a total of $350,000 a year
to help the state regulate gambling.
Thompson's comments reflect growing
tension between the state's 11 tribes and
sources Inc., which paid the taxes, was
the only entity that could seek recovery. Westmoreland did not protest the
taxes when they were paid and has
waived any claim against the state in
return for a $50,000 settlement.
The Supreme Court is reviewing an
August 1996 decision by the 9th U.S.
Circuit Court of Appeals that sided with
the tribe. The appeals court ruled that
the severance and gross-proceeds taxes
collected by the state and county "had
an adverse impact on the tribe's ability
to market its coal, increased the costs
of coal production and reduced the royalty the tribe could charge."
The unlawful taxation on
Westmoreland's mining operations, the
circuit court said, resulted in "taking
revenue that would otherwise go towards supporting the tribe and its programs."
The case began when the tribe sued
the state in 1978, two years after the
coal severance tax started. In January
1988, the U.S. Supreme Court affirmed
a ruling the state tax was illegal and
$23 million in taxes held in a special
account since 1983 was given to the
tribe.
The question for the Supreme Court
now is what should happen to the
taxes paid from 1976 to 1983. But the
case involves more than the $47 million in state taxes and $11.4 million
in county taxes paid by Westmoreland
in that period. Interest has pushed the
total above $300 million. The tribe
and must file its response to the
state's arguments by late December,
and the state will then file a response
to the tribe.
The Clinton administration had
joined the tribe in urging the justices
to reject Montana's appeal, and it also
is expected to file a brief in late December. Oral arguments are expected
to be held sometime early next year,
with a ruling possible by early summer.