The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-09-11

              Vizenor's secretary dismissed on charges
of leaking information to Press/ON
By Gary Blair
Last week, the White Earth tribal
council placed secretary/treasurer
Erma Vizenor's personal secretary,
Charlene Hanson, on administrative
leave, because they believed she had
leaked information to your writer about
the reservation's growing financial
problems.
According to a source, who says
they fear the loss of their job for
speaking to your reporter, Hanson was
singled out as the informant after a
series of articles written by your witer
appeared in PressOn over the past two
months. Hanson's suspension came
on the heels of an article that
announced that the reservation was
broke and a massive layoff was
scheduled forshortly after this month's
special election for tribal chairman.
Interim chairman and candidate for
election, John Buckanaga is reported
to have led the tribunal against Hanson.
With separate investigations now
surrounding the reservation's casino
manager and tribal council, it appears
with the recent suspension of Hanson,
White Earth officials have returned to
the days of former chairman, Darrell
"Chip" Wadena's regime. A time when
freedom of speech was forbidden for
White Earth employees and clergymen
were kicked off the reservation for
expressing theirconcerns. A time when
the only thing Wadena did not control
on the reservation was Press/ON-and
he even tried to suppress that, but was
not successful.
According to an additional source at
White Earth, the tribal council's casino
manager contract is an employee
contract and is not valid as required by
the Nation Indian GamingCommission
(NIGC). Also, allegations have now
been leveled against White Earth
officials that millions of dollars have
been taken illegally from the casino's
vault over the past two years. A Pres/
ON source says there will be receipts.
dates and amounts ofthe thefts made
available to NIGC's investigator.
Although the gaming commission
investigator does not have criminal
investigative power, that type of
information can be turned over to the
proper authorities.
Approximately six weeks ago,
investigators from the Inspector
General's Office of the U.S. Department
of Justice met with White Earth officials,
becuase they had submitted a
fraudulent law-enforcement grant
application. Reservation officials had
requested and received a one million
dollar (COP's) grant after they alleged
Secretary fired by RBC for allegedly releasing info
Fond du Lac law enforcement pact, pg. 1; 8
Restore constitutional rule to MCT, pg. 3
Baseball feats overshadow MN primary, pg. 4
Leech Lake seeks recycling grants, pg. 4
email: presson@bji.iiet
Gary/to pg. 3
Wealthy Indian tribes encouraged to give
up federal government funds shakopee tribe
unsure about offer
Native
American
Press
^
Ojibwe
News
We Support Equal Opportunity For All People
in
Volume 10 Issue 48
11,
PHILIP BRASHER
Associated Press Writer
WASHINGTON (AP) -- Prosperous
Indian tribes are being encouraged to
give up their federal funding in return
for promises from Congress that they
won't lose their legal standing if they
do and could get government
assistance again if the gambling
industry turns sour.
The money is to be redistributed to
poor reservations, but the wealthy
tribes are small and often receive less
than $1 million each. As many as a
dozen tribes may return their money,
Ron Allen, president ofthe National
Congress of American Indians, said
Wednesday.
"They are all small tribes. They're not
the big budgets," said Allen, president
ofthe Jamestown S'Klallam tribe in
Washington state. He said his tribe
can't afford to give up any money.
The Senate Appropriations
Committee approved legislation in June
that would have taken $12 million in
federal aid from the richest 10 percent
of tribes and given it to the poorest 20
percent. But the measure's sponsor,
Sen. Slade Gorton, R-Wash., dropped
that move in return for the Clinton
administration's agreement to come
up with a plan by next April for
redistributing federal aid.
As part of the deal, the Senate
approved legislation Tuesday night
that would assure tribes they won't
have their legal status downgraded if
they turn down federal aid.
The Bureau of Indian Affairs currently
distributes federal aid through an
arcane system that provides wealthier
tribes with far more money in
proportion to their population than
poorer tribes, and the disparities have
been growing year by year. One
unidentified tribe that made $300
million lastyearstill received $350,000
in federal aid, according to a recent
study by the General Accounting
Office.
The BIA funds almost every function
of tribal government on reservations,
including   social   services,   law
Wealthy/to pg. 3
1
Copyright Native American Press, 1898
Men face charges in $1.6 million casino
theft
MADISON, Wis. (AP) -- Two men
accused of embezzling $1.68 million
from a casino owned by Chippewa
Indians include an official who
investigators say authorized payment
for food that was never delivered.
"This is the largest case of its kind
involving any Indian casino in the
state," Wisconsin Justice Department
spokesman James Haney said. Lon
Bergstrom, 50, of Turtle Lake and
Edward Gerrety, 36, of Forest Lake,
Minn., were charged Friday with three
counts of felony theft. A criminal
complaint was filed in Circuit Court in
Barron by Barron County District
Attorney Jim Bablerandstate Attorney
Bergstrom served as director of food
and beverage at the northwestern
Wisconsin casino operated by the St.
Croix band of Chippewa in Turtle Lake.
He is accused of approving payment
for phony invoices from bogus food
companies al legedly set up by Gerrety.
Gerrety will plead guilty next week, his
JawyerPhillipResnick of Minneapolis
said. The plea will be in exchange fora
prosecutors' agreement to limit the
charges to three felony counts, Resnick
said. Bergstrom's attorney, Thomas
Mulligan of Spooner, did not
immediately respond to a message left
Friday on his office answering machine.
Bergstrom and Gerrety took
$ 1,682,471.47 over three years, Haney
a maximum penalty of 30 years in
prison and $30,000.
The St. Croix became aware of the
embezzlement in January and asked
authorities to investigate, Haney said.
The tribal council discovered the theft
through an audit, the St. Croix said in
a written statement. "We have carefully
reviewed and further tightened our
internal audit practices," tribal
Chairman Lewis Taylor said in the
statement.
"We are sure that such a
misappropriation cannothappen in the
future." Gerrety is to appear
Wednesday in court. Bergstrom faces
a Sept. 16 court appearance.
(AP Photo/Amy Sancella)
St. Louis Cardinals slugger Mark McGwire hits his record-breaking 62nd home run ofthe season against the
Chicago Cubs, Tuesday, Sept.8,1998 in St. Louis
FDL police pact with Carlton County creates
more questions than answers
tary treasurer Peter Defoe, and the rel- munity from suits relating to the con-
evant Carlton County officials-con- duct of its officers, it does not specify
fers broad arrest authority on up to   the court to which it is ceding jurisdic-
By Jeff Armstrong
General James Doyle. said. The three counts together carry
Tribal court frowns on Native American
child living with whites
MOBRIDGE, S.D. (AP) - Christopher
was a 5-month-old with whooping
cough when foster parents Lila and
HerbertMartel took him home from the
hospital in July 1987 — a hacking
bundle they nursed back to health.
Until recently, Mrs. Martel was the
only mother he had ever known. But in
February, Christopher's birth mother
showed up in Mobridge. One month
later, a Standing Rock Sioux tribal
judge in Fort Yates, N.D., gave her
custody of the boy. It's a move that
puzzles many, including Christopher,
now 11.
"All she does is drink alcohol. If I go
with her, she'll probably end up losing
me and I'd have to go to another foster
home," Christopher said. "If she goes
to jail, I've got nowhere to go."
Officials at the St. Louis County Jail
in Duluth, Minn., confirmed last week
that Christopher's mother - who left
Mobridge after the tribal court ruling
without claiming her son - is being
held through Sept. 9 on a probation
violation, stemming from a charge of
third-degree assault.
Isaac Dog Eagle Jr., the tribal judge
who awarded custody to the boy's
mother, said his decision was based on
cultural reasons.
Mrs. Martel, a widow now, is white;
Christopher is an American Indian.
"Our law is completely different, and
ourthinking is different from the laws
of this land," he said. "That's what the
white man needs to understand."
Although he intended to award
custody both to Christopher's mother
and her brother, Don Hinsley, it did not
happen because ofa clerical error in
the written court order, thejudge said.
Hinsley does not understand the
cultural reasons for wanting to transfer
Court/to pg. 3
Despite unanswered questions as to
their respective authority to do so under federal and tribal law, Carlton
County and Fond du Lac RBC officials
have signed a law enforcement agreement allowing state and tribal officers
to enforce each other's laws within
their common jurisdictional boundaries
(For agreement, see pg. 8).
Minnesota Chippewa Tribal members
have long contended that their inherent collective authority to create a legal system can only be delegated to
tribal officials through the MCT constitutional amendment process. Similarly, U.S. federal law dictates that any
transfer of jurisdiction from a tribe to a
state under Public Law 280 must be
approved by referendum vote of affected members.
The agreement-signed last June by
FDL chairman Sonny Peacock, secre-
two reservation officers and grants the
county powers of prosecution and incarceration over all such offenses. In
effect, the Fond du Lac officers would
be junior partners of the county
sheriffs department, which is to "control any designated crime scene" and
retain authority over tribal investigations.
Under the agreement, Fond du Lac
and Carlton County also agree to "defend, indemnify and hold harmless the
other party for claims attributable to
the actions of that party's officers."
Thus, if the reservation and county
were sued jointly for the actions ofan
FDL officer, the reservation would be
responsible for defending the county
as well as itself.
Although the agreement and the state
statute purportedly authorizing the
pact require the RBC to waive its im-
tion. Allowances are thus made for the
RBC to assert its immunity or to claim
exclusive jurisdiction in a reservation
court of its own making. "Except as
expressly provided under this Agreement, nothing in this Agreement is or
shall be construed to modify, diminish
or waive the immunities or jurisdiction
of either party," the agreement stipulates.
Furthermore, seemingly anticipating
questions as to its legitimacy, the
agreement states: "[Sjhould any provision herein be held to be invalid or
unenforceable, the remainder of this
Agreement shall remain in effect unless terminated as provided under this
Agreement." The agreement is to run
from July 1,1998 to June 30,1999, with
no provisions for an extension.
FDL/to pg. 5
South Dakota    wants reservation ruling
reconsidered
Stockbridge-Munsee tribe sued over slot
machines
MITCHELL. S.D. (AP) - The
attorney general has asked a federal
judge to reconsider his ruling that
diminishes statejurisdiction in part of
Charles Mix County.
U.S. District Judge Lawrence Piersol
ruled last month that about two-thirds
of the original Yankton Sioux
Reservation is "Indian country" under
tribal and federal jurisdiction. "I've
read the decision, about 50 pages, and
I disagree with it. for all ofthe same
reasons I disagree with the first
decision," said Attorney General Mark
Barnett.
"The first decision was almost
identical to this one and was reversed
by the U.S. Supreme Court nine-zip. I
don't know whetheror how the higher
courts will view itasecond time, but we
do intend to take it up."
The U.S. Supreme Court ruled in
January that 168.000 acres of "ceded
land" from the original reservation is
under statejurisdiction. That land had
been sold by the tribe to non-Indians
in the late 1800s.
The Supreme Court did not address
the jurisdiction of another 260,000
acres of "allotted lands," land which
was given to individual Indians, who
then sold it to non-Indians. That issue
was sent back to Piersol. The state has
exercisedjurisdiction over the 260.000
acres for nearly a century.
The lawyer for the Yankton Sioux
Tribe is not surprised at the state's
move for reconsideration. "To be
honest, it's a routine request." said
Sioux Falls attorney James Abourezk.
Whatever the district court decides
can be appealed to the 8th Circuit
Court of Appeals.
"No matter who wins in district court
in this case, this, as we all know, will go
up to the 8th Circuit. Therearejust way
too many landowners involved to leave
the current jurisdictional situation _ a
checkerboard." Barnett said. Some
have said this issue will end up in front
of the Supreme Court again, but
Abourezk isn't convinced.
"I think it will go to the 8th Circuit
easily. I don't know that the Supreme
Court will take it." Abourezk said. "It
would surprise me if they took it
because they had their shot at this
issue." Barnett thinks someone will
eventually try to take the case to the
Supreme Court but whether or not the
court would accept it is a question
mark.
MILWAUKEE (AP) - The state
attorney general asked a federal court
Thursday to shut down slot machines
operated by the Stockbridge-Munsee
tribe at a supper club, saying the club
is outside the tribe's reservation. The
tribe began operating 166 slot machines
Aug. 28 at its Pine Hills Golf and Supper
Club in the town of Red Springs, said
James Haney. spokesman for Attorney
General James Doyle. The slot
machines at Pine Hills violate a state
compact and federal law. Haney said.
Federal law allows tribes to run
gambling operations as long as they
areon the reservation. Doyle contends
the tribe's operation of the slot
machines at Pine Hills is an illegal off-
reservation gambling business. But
the tribe says the club is within the
reservation's boundaries.
The lawsuit Doyle filed in U.S. District
Court in Milwaukee also asks the court
to identify the boundaries of the
Stockbridge-Munsee reservation and
declare that Pine Hills is outside the
reservation. "Slot machines at this site
clearly violate the terms ofthe tribe's
gaming compact," Doyle said in a
w ritten statement.
The supperclub is in an area that was
once part ofthe reservation, but was
taken out by Congress in the 1800s,
Haney said. "According to state
supreme court rulings, the
reservation's current boundaries do
not include Pine Hills." Haney said.
But Frank Bowman, the tribe's vice
chairman, said the state is wrong in
believing the reservation's boundaries
were diminished in 1871. The federal
government placed the land in trust in
1995.
TheU.S. Departmentoflnteriormust
approve any gambling on such land.
The Interior Department is reviewing
the tribe's proposal for gambling
operations on their trust land, said
Robert Jaeger, U.S. Bureau oflndian
Affairs Great Lakes agency
superintendent.
The tribe can conduct gambling
operations at the golf course while
waiting for federal approval, Jaeger
said. Pine Hills will remain open with
operating slot machines pending the
court's decision, Bowman said.
The state cannot shut down the slot
machines at the supper club until a
federal judge determines they are
outside the reservation, said Mark
Bugher. secretary of administration
for Gov. Tommy Thompson. Haney
said the case should be put on a legal
fast track. "Theiroperation as currently
is unlawful, and it needs to be shut
down as soon as possible." he said.
"It's not an activity that you begin
operating and then receive specific
authorization."
The state and the Stockbridge-
Munsee renewed the gambling
compact last month. The deal included
a $650,000 dollar annual payment for
five years.