The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-06-26

              Ousted Leech Lake RBC members vote
themselves cash 'severance'
By Jeff Armstrong
As Leech Lake attempts to finally
clean house in the aftermath ofa multi-
million dollar corruption scandal, critics
charge former officials with trying to
clean up on reservation funds. Two
outgoing RBC members this week
voted themselves lump-sum severance
benefits totalling at least $72,000, but
failed to revive an effort to oust
chairman Eli Hunt.
At a June 22 special meeting, District
II Rep. Jack Seelye, who was soundly
defeated in last April's primary
elections, and Al Fairbanks, who did
not seek another term as District I
representative, were joined by
convicted Dist. Ill RBC member Myron
Ellis in voting Fairbanks and Seelye
the cash equivalent of hal f their $72,000
annual salaries.
Fairbanks and Seelye are believed
among the prime targets ofa federal
fraud investigation, and they are
expected to try to finance their
anticipated legal defense with Leech
Lake funds. Chairman Hunt has
estimated the legal fees incurred by
Leech Lake in defending former
chairman Tig Pemberton and Dan
Brown ex-secretary/treasurer at more
than $1 million.
The RBC first approved a resolution
providing outgoing committee
members with six months severance
pay after the June 1996 elections,
shortly before Hunt took office.
Resolution 96-108 was signed June 27,
1996 by Ellis as "acting chair" and
Brown, who was convicted two months
earlier on federal conspiracy charges
for his role in a $1 million insurance
scam.
Frank Reese of Onigum said Ellis.
who pleaded guilty to charges of
misappropriating reservation funds in
1995, had no constitutional authority
to assume the chairmanship and that
Brown's approval was in violation ofa
court order restricting his access to
Leech Lake finances. The former
secretary treasurer candidate said the
latest RBC moves were part ofa last-
ditch effort to subvert the reservation's
economic and political situation. "They
want to remove [Hunt] so they can
have a clear shot at the money coming
in," said Reese. "We're not going to let
them do that."
Reese said the three RBC members
have their eyes on taxation and hunting
agreement revenues from the state,
Severance/to pg. 3
Candidates for White Earth Primary election, pg. 5
Ousted Leech Lake RBC members vote themselves cash 'severance', pg. ■/
Marge Anderson cautions Mille Lacs members about treaty case, pg. 8
"Mickey" Fairbanks announces candidacy for Beltrami County Sheriff, pg. 5
Attempts to stabilize White Earth political problems meets resistance, pg. 1
Voice ofthe People
.
e-mail: presson@bji.iiBt
Fifty Cents
Attempts to stabilize White Earth's political
problems meet resistance
By Gary Blair
White Earth's district one challenger,
Arthur Lang, who filed an election
protest after the June 9,1998, election,
talked this week about why he decided
to seek office, and the events that
prompted his complaint.
"If I'm going to get beat in an election,
then I want that election to be fair,"
Lang said in an interview earlier this
week.
Lang's comments referred to the theft
of absentee ballots that occurred
during the take-over of the
reservation's headquarters on June 7,
1998, and the impact that had on the
voting two days later, lang's protest
calls for an all new election, instead of
the re-issuance of new absentee ballots
that are to be returned within two weeks
after they were to be re-issued on June
17,1998. (White Earth'sElectionBoard
is now reporting that there were 716
absentee ballots stolen and not 745 as
reported on June 9, 1998.)
"When the tribal council tried to pull-
off the election - shortly after they
regained control ofthe administration
building, some ofthe polls were not
opened on time and that just added to
the confusion. Many of the voters
thought that there wasn't going to be
any election, because of news stories
and other information that they were
hearing, so a lot of people didn't vote.
Al 1 the election board had to do, was to
look at the on reservation's low voter
count to see that there were problems,"
Lang explained.
"There is nothing in our reservation's
election ordinance that allows for the
re-issuing of absentee ballots, the best
they (Election Board) can do, is to
have a new election," Lang added.
Lang also says he was told to leave
the reservation's administration
building on June 15, 1998, when he
attempted to file his election protest.
"They don't have any handles on the
outside doors. I got in when someone
came out. I asked to see the election
Judge, Anita Fineday, or her.secretary
- thinking that was who I would need
to see. Paul Schultz (staff member)
tried to show me where her office was,
but he couldn't find it.
"When I got back down stairs again,
I said I need to file this protest and
that's when the security guards told
me to leave. I found out a little later that
I was supposed to file my protest with
Cathy Goodwin, the clerk of court who
was located in a different building.
That was about 12:15 p.m. when I did
that," Lang said.   "I'm supposed to
Attempts/to pg. 3
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Tribal attorney vows vigorous fight against
slots seizure
OKANOGAN, WA (AP) - Federal
attempts to seize slot machines in
Indian casinos is a challenge to the
tribes'sovereignty - and income- and
will be vigorously fought, a Colville
Tribe attorney says.
U.S. Attorney Jim Connelly in
Spokane last week filed for civil
forfeiture of nearly 2,000 slot machines
being operated in seven Colville and
Spokane tribal casinos.
The government contends the
devices are illegal under state and
federal laws. A July 7 hearing is
scheduled inU.S.DistrictCourt to ask
a judge to determine how to seize the
devices.
The action is a direct challenge ofthe
tribes' sovereignty and ignores tribal
gaming commissions and strictly
enforced standard gaming regulations,
tribal attorney Tim Brewer said. Seizure
of the slots would mean drastic
the tribes' casinos in Manson, Coulee
Dam and Okanogan, he said.
Slots produce an estimated 80 percent
ofthe casino revenues, tribal officials
have said. "This is justanotherbi uken
promise," Brewer said. "We strongly
disagree with the U.S. action, and we're
going to vigorously fight this in court,"
he.said.
Brewer said the tribes believe it is
appropriate to resolve the question of
the legality of slot machines through
mediation or meaningful negotiations.
"They're using an old 1950s law which
was intended to fight organized crime,
which is ridiculous," Brewer said,
referring to the Johnson Act under
which the U.S. attorney filed to seize
the slots.
Colville tribal officials say the
gambling devices contributed about
$25 million to the economy of north-
central Washington, including $7
million in annual payroll. About 750,000
last year, according to figures from the
tribe.
The government's complaint tai
only slots. Assistant U.S. Attorney
Tom Riee-^aid~>*lt's that nspei
gambling that we intend to stop by
seizure of those machines," he said.
"We are not shutting down the
casinos."
But even if casinos continue to offer
bingo, blackjack, craps and other
games, tribal officials estimate
revenues would be reduced about 80
percent from current levels. Brewer
said. "It seems to us the government is
saying the tribes can do gaming as
long as we don't make any money at
it," Brewer said.
He said the action would be a disaster
fortheColvilleTribes. which hascome
to depend on gaming profits in the last
four years as profits from timber
harvests have come down! "We just
think this is counterproductive in every
a contemporary retelling through dance and music of the American Indian myth ofthe conflict between the Sacred Twins, Sun
and Moon, lor the love ol' Earth, the daughter of Kirst Woman. Tribe, an Ordway Music Theatre & Red Sky Production, will be appearing
al the Ordway's McKnight Theatre in St. Paul, Minnesota, June 25 through June 28.
Ordway's Tribe' challenges traditional view
reduction of operations at all three of   people visited the tribal-owned casinos   way," he said.
Alaska Supreme Court wrestling with tribal
court jurisdiction issue
of Indians
Mike Steele / Star Tribune
Many people have a favorite
American Indian image: the stoic
shaman of New Age spirituality, the
painted warrior of Wild West
mythology, the Mother Earth-hugger
of environmentalists, the "noble
savage" of early anthropology, all
frozen in some romantic and
unchanging past.
"Tribe," a dance-and-music
spectacle celebrating American Indian
culture, will open Thursday at the
Ordway McKnight Theatre in St. Paul.
Previews begin today. It won't deny
the truths behind the romantic imagery,
but it will question, if not attack, the
notions that Indian culture is
"unchanging" and "past." By looking
at that culture in all its complexity,
subtlety and power, it even challenges
the notion that there is such a thing as
a monol ithic "American Indian."
More than 550 Indian tribes are
recognized by the U.S. government,
and they have about 500 languages.
The castof'Tribe" represents 15 tribes.
It showcases Plains cultures and
Pueblo cultures, Northwest cultures
and Southeast cultures, urban Indians
and rural, all with different customs,
dances and music, yet all part of a
sovereign Indian nation that exists
inside the United States.
Although Indian cultures date to
prehistory, and traditional aspects of
each culture are genuinely ancient,
Indians also are modern Americans.
The powwow drum must share time
with rock and rap. Practitioners of
traditional ritual dances have done
Tribe/to pg. 5
ANCHORAGE, AK (AP) - The
Alaska Supreme Court heard
arguments Friday on an issue that it's
clearly wrestling with: In the wake of a
U.S. high court decision thatjust about
eliminates the idea oflndian Country
in Alaska, what powers do tribal courts
still possess?
The case that is prompting the judicial
head-scratching is a custody matter
between Anita John and John Baker,
an unmarried couple with two young
boys, ages 6 and 5.
In 1995 Northway's tribal court
awarded thecouplejoint custody, with
the boys spending alternate months
with each parent. But Baker took the
matter to the state Superior Court, and
last year Judge Ralph Beistl ine granted
the father sole custody, relying in part
on testimony that the mother's alcohol
problem had reasserted itself.
John appealed to the state Supreme
Court, arguing that the Native court
should have retained jurisdiction in
the matter.
Relying on both federal case law and
federal statutes, John's attorney
Andrew Harrington said Northway
retains jurisdiction in the matter.
If the court accepts that the tribal
court maintains power in custody
cases, it would reverse decisions in
the later '80s and early '90s that held
that only state courts could decide
such matters.
Harrington says such a decision is
called for. in part, because the federal
government has since recognized
Alaska's Native tribes. That 1993
decision clarified that Alaska tribes
enjoy many of the same powers as
tribes on reservations in the Lower48.
The state Supreme Court has heard
oral argument in the matter once
already, before the U.S. Supreme
Court's Venetie decision in February.
But a week later the state's high
court asked the parties in the custody
case to answer several questions,
including whether tribes continue to
Alaska/to pg. 5
NSP says it will review policies following
protest
Tribe administrators charged with making
illegal political donation
MINNEAPOLIS (AP) - Northern
States Power Co. says it will review its
role in the development of
hydroelectric power in Canada,
following a demonstration Tuesday
by Canadian Indians outside NSP's
headquarters.
Leaders ofthe Cross Lake Band of
Cree called on NSP and other
Minnesota utilities to stop purchasing
hydroelectric power from Manitoba
Hydro until the Canadian utility
implements an agreement it signed
with the tribe 21 years ago.
The tribe says NSP is an accomplice
to Manitoba Hydro, which it accuses
of diverting rivers, flooding forests,
destroying hunting grounds, and
depriving tribes of their culture.
The utility built five large dams and
hydroelectric plants on the Nelson
River north of Lake Winnipeg between
1975 and 1992.
The agreement was supposed to
compensate the tribe for its losses. But
Nelson Miller, a tribal council member,
has said the agreement has not been
implemented equitably. Millersaid the
tribe wanted to publicize its concerns
in the United States.
NSP annually purchases about 10
percent of its electricity from Manitoba
Hydro, according to Audrey Zibelman,
NSPdirectorof energy and marketing.
NSP has a 500-megawatt power
purchase contract with Manitoba
Hydro that expires in 2005.
NSP also receives up to 200-
megawatts from Manitoba Hydro in
the summer, and sends up to 200-
megawatts to the Canadian utility in
the winter.
"At this stage, we have heard their
claims for the first time this week,"
Zibelman said. "We are trying to
understand the substantive nature of
claims and ongoing processes in
Manitoba.
"These claims are being made; we're
taking them seriously." Zibelman said
NSP plans to send a team to Manitoba
to get a better sense ofthe scope ofthe
problem.
LOS ANGELES, CA (AP)-The case
against two Cabazon Indian
administrators accused of misleading
federal election officials is motivated
by "gambling interests," a defense
attorney says.
Mark Nichols and Greg Cervantes,
who are not tribe members, were
indicted for allegedly misleading
federal election officials after making
illegal campaign contributions to six
Democratic candidates, including
President Clinton.
Nichols and Cervantes laundered
money   donated   to   re-election
committees by reimbursing people
whose names appeared as donors, U.S.
Attorney NoraManellasaid Thursday.
Nichols' attorney, Allan Sigel, denied
the charges, saying employees named
as donors did, in fact, make the
donations. "This indictment is an
outrage, and there is not one scintilla
of evidence to support it," Sigel said.
"These employees gave ... because
they believe these politicians were
sympathetic to the plight ofthe Indians
in this country."
Sigel said the case was the result of
"gambling interests inside and outside
the state that operate in competition
with the Cabazon tribe."
Assistant U.S. Attorney Jonathan
Shapiro said "tens of thousands of
dollars" were donated by "using
trickery to deceive" the Federal Election
Commission.
The two allegedly caused the
Cabazon Band of Mission Indians to
unknowingly make contributions to
thecommitteesofClinton, Sen. Dianne
Feinstein, IowaSen. Tom Harkin, Rep.
Esteban Torres of Riverside, Michigan
Rep. Bob Carr and unsuccessful
congressional candidate Steve Clute
Suggestion made to abolish Indian relations
panel
PIERRE, S.D. (AP)- A state lawmaker
suggested Monday that the
Legislature's State-Tribal Relations
Committee be disbanded, but he did
not immediately push the issue.
Rep. Bill Napoli.R-Rapid City, who is
on the panel, said few Indian leaders
ever show up for meetings. If they're
not interested enough to come, then
the committee is a waste of taxpayers'
money, Napoli said.
the Indian people are not interested in
coming to these meetings, I don't see
any point in having them."
But others said abolishing the panel
would be a blow to racial relations and
the reconciliation efforts started years
ago by the late-Gov. GeorgeMickelson.
"It would be a step backward in tribal-
state relations to abolish this
committee," argued Rep. Ron Volesky,
D-Huron, aLakota-Sioux born on the
Standing Rock Indian Reservation. "I
a member ofthe panel.
"You measure its success based on
how much understanding it brings to
issues between Indians and non-
Indians." There is a tremendous
mistrust between Indians and whites
in South Dakota, and the committee
helps bridge that gap, added Sen. Bob
Benson, R-Clearfield. "We need to keep
trying," he insisted. "If this committee
gives up, I think we'll lose the
relationship we have."
ButBenson, too, admitted that getting
Tribe/to Pg. 3
"It's obvious by the involvement of don't think you measure the success
the Indian people that they don't think ofa committee based on how much
thisisaviablecommitfee,"hesaid."If   legislation it turns out," said Volesky,    PariGl/tO pg. 3
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