Native American Press / Ojibwe News (Bemidji, Minnesota), 1999-05-28

              News Tidbits, pg. 3
Smoke Signals of
Upcoming Events,
P9- 5
News Around Native
Country, pg. 2
Controversies
mounting at White
Earth Reservation
Lawrence responds
to Star Tribune
article regarding Red
Lake fishing case,
pg. 4
Treaty harvest raises
questions of whose
laws apply, which
courts have
jurisdiction
Labor effort at
casinos challenges
tribal sovereignty
Treaty harvest raises questions of
whose laws apply, which courts have
jurisdiction
Voice ofthe People
web page:   www.press-on.net
By Julie Shortridge
In talking with band members,
non-band members state DNR and
federal law enforcement staff, it is
evident that there is a lot of confusion about exactly how to implement different laws for different
groups of people on the same land.
sion has been made by people in
higher positions than us."
Commercial harvest?
"We feel the U.S. Supreme Court
decision does not include commercial sale ofMinnesota fish," said
Hall.
But some ofthe Wisconsin band
members would like to implement a
"It's an evolving process," said " commercial harvest and open a
Bruce Hall, conservation officer in   fish processing plant. The Mille
Isle, MN with the state Department of Natural Resources (DNR).
"We represent different factions
of people with different rights. We
want to keep the peace and we
want everyone to have their rights,"
Hall continued. "Would it be easier
if we had the same laws for all
people? Of course. But that deci-
Lacs Band has stated they are not
interested in a commercial harvest,
although tribal DNR Comm issioner
Don Wedll has suggested in recent
years that a commercial harvest is
open for future consideration, linking such a decision to the state's
effort or non-effort to open its own
casino or modify the tribal gam
bling compacts
Several area residents have reported witnessing, or being approached by tribal members to buy
fish caught by tribal harvest. "Sales
are going on, for sure," said Hall,
who says that Wedll has expressed
concern that such sales could create a community backlash leading
to casino boycotts.
Whose laws apply, and who has
authority to implement those laws?
Exactly who has authority to enforce laws, and which laws apply
to which group of people, is unclear. The issues are coming to the
fore around the investigation of
three fish dumping incidences near
MilleLacs.
Treaty/to pg.5
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Founded in 1988       Volume 11   Issue 33
May 28, 1999
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A weekly publication.        Copyright, Native American Press, 1999
1
White Earth government leaves out
critical information about state
licensing of police officers Tribai attorney
arguing tribe doesn't have to abide by certain provisions in the law
By Bill Lawrence
Shortridge
and Julie
The White Earth Reservation
Tribal Council (RTC) issued a press
release on May 26, 1999 stating:
"Governor Jesse Ventura
signed into law a bill which
allows state licensing of
police officers hired by
federally recognized Indian
tribes May 18. The bill was
spearheaded by the White
Earth Band of Chippewa
Indians and passed both
Houses without dissent.
" 'This bill will provide
seamless law enforcement
on the reservation,' said John
Buckanaga, chairman of
White Earth Reservation.
'We now look forward to
working with Becker and
Clearwater counties to enter
into cooperative agreements
to assist in law enforcement
activities. I sent letters to
Becker and Clearwater
counties inviting them to
negotiate an agreement to
coordinate and define and
regulate the provision of law
enforcement services on the
reservation as required by
law,' said Buckanaga.
"The bill, HF1607, allows
Peace Officers Standard
Training Board (POST) to
license law enforcement
officers hired by federally
recognized Indian tribes if
the tribes provide proof of
insurance coverage and
agree to be subjected to
liability for the torts of its
officers, the same as county
officers.
"White Earth already has
an agreement with
Mahnomen County and all
of its 10 officers are POST
licensed. The cooperative
agreements with Clearwater
and Becker Counties would
allow the tribal officers to
arrest both tribal members
and non-tribal members for
crimes occurring within the
boundaries of White Earth
Reservation. The full
licensure ofthe White Earth
tribal officers will increase
law enforcement on the
reservation by 10 full-time
officers. 'We are intent on
making our communities as
safe as possible,'  said
Buckanaga."
The tribal press release was quick
to point out what the counties are
required to do, but neglected to
point out what the tribal government
itself is required to do.
The press release did not mention
the requirements in the law that
would limit tribal governmental
power, such as provisions that state
the Tribe would be liable for the
actions of its police officers, could
not claim tribal sovereign immunity
in claims arising from this liability,
and requiring the band to abide by
state law related to data practices
of law enforcement agencies,
meaning the tribe would have to be
open   and  forthcoming   with
information.
Here is what the law states:
Sec. 1 Minnesota Statutes 1998,
section 626.84, subdivision 1, is
Students and staff of the Greater Minneapolis Council of Churches' Division of Indian Work summer youth program
visited with Sl. Paul Mayor Norm Coleman at his office on Monday. May 24. From left to right: Left to right: Bryan
Killscrow /volunteer). Josh loss. Will l-'locken, St.' Paul Mayor Norm Coleman, Edward Howard (Youth Worker), Chandler
Potter, Judge R.A. (Jim) Randall.    (Not pictured:   Rulhie Buffalo (Youth Worker).
The Division oi Indian Work offi rs rear-round youth programs for kids in all age groups. The summer program begins
June 12 and unhides many field trips, activities, and tutoring with an emphasis in developing leadership skills, meeting
adult role models, developing conflict resolution skills, and health and chemical dependency education. Call Director
Vivinnie Crow at (612) 722-8722. ext. 370 to sign up or get more information.
Activists file class action injunction
against White Earth police plan
Critical/to Pg
.5
Labor effort at casinos challenges tribal
sovereignty
By Michelle DeArmond
Associated Press Writer
LOS ANGELES (AP) - In a
move reminiscent ofthe labor campaigns that empowered auto, steel
and farm workers decades ago,
unions are trying to organize employees at casinos on Indian reservations, a campaign that could test
the limits of tribal sovereignty.
Indian casinos have witnessed
striking growth over the past 10
years, pulling tribes out of poverty
and creating jobs for an estimated
80,000 Indians and others. Unlike
other employees, though, workers
on reservations are not protected
by U.S. labor law, including the
right to organize, since reservations arenominally independent.
The outcome ofthe organizing
may help define a muddled concept
that has challenged courts and lawmakers since tribal treaties were
first signed centuries ago: What
rights come with Indian sovereignty?
"These workers exist in this legal
no-man's land," said John Wilhelm,
national president ofthe Hotel Employees and Restaurant Employees Union.
Efforts are under way to organize .workers in California, Connecticut and Wisconsin, although
unions have only now begun to
make their presence felt at some of
the nation's 310 Indian casinos.
Across the country, tribal gambl ing
isthe nation's fastest-growing gaming sector.
Labor/to pg. 8
By Jeff Armstrong
Tribal activists from the White
Earth reservation filed suit in federal
district court last week in an effort
to block Reservation Business
Committee (RBC) officials from
implementing a law enforcement
system under joint state and tribal
control, a move proponents say will
effectively double the size of the
Mahnomen County police force.
Filed on behalf of the White Earth
membership, or General Council,
the lawsuit seeks federal injunctive
relief from the court to prevent the
RBC from consolidating and
operating its federally-funded police
force without the consent of tribal
members, in violation of the
Minnesota Chippewa Tribe
Constitution. The suit charges that
"the White Earth RBC has taken
onto itself powers and authorities
still retained by the people ofthe
aforesaid constitution."
White Earth officials have
frequently claimed more than 90%
support for their law enforcement
proposal on the reservation, yet the
RBC has refused to consider
submitting it to a referendum vote.
The complaint, initiated by
Marvin Manypenny, Dale Hanks
and eight other plaintiffs, alleges
that the White Earth-Mahnomen
County law enforcement
agreement was the latest in a series
of "acts of oppression" which the
RBC lacked the constitutional
authority to impose.
"One of the manifestations of
these ultra vires acts is the creation,
organization and implementation of
a foreign police force and so-called
judicial branch of government on
the reservation," the litigation
charges. "The creation of this
branch of government is foreign
and an
affront to our history, culture and
way of life and furthermore
constitutes a clear and present
danger to all members ofthe MCT,
our individual and collective interests
and our legacy."
To provide immediate remedy,
the suit requests the court to
acknowledge "our power as a
sovereign people" and intervene on
behalf of tribal members as an
aggrieved class. Specifically, the
injunction would bar the RBC and
its agents from assuming police
powers in the absence of a tribal
constitutional amendment, quash all
arrests or citations by putative
officers, and suspend exercise of
all police functions. It also would
require the White Earth RBC to
hold a general meeting of MCT
members in cooperation with the
plaintiffs within 30 days of the
granting ofthe injunction.
Controversies mounting at White Earth
reservation
Greed depleted Red Lake's once-
abundant walleye
Reprinted with permission from the
5/23/99 Mpls. Star Tribune
By Larry Oakes
Mpls. Star Tribune
REDLAKE, MINN. -Ina
state where the walleye is among
the most celebrated natural
resources, what happened to Red
Lake was a disaster. Decades
of excessive netting and angling
had by the mid-1990s nearly
obliterated the walleye population
on Minnesota's largest lake.
What happened is a story of greed
and loss, and ofthe failure of three
governments to work together to
stop it. But it's also about how
people who never had much use for
each other have united in a plan to
prevent the tragedy from occurring
again.
Experts say chances for Red
Lake's recovery are good, with
thecurrent ban on walleye
possession and a stocking program
begun this month by the state and
federal governments and the Red
Lake Band of Chippewa.
But it may take a decade before
walleye fishing can begin again.
And
questions remain about how this
Greed/to pg.3
By Gary Blair
In spite of claims by White Earth
officials that progress is being made
on the troubled reservation, Press/
On has learned this week that
several event s are taking pi ace that
may set back those proclaimed
changes.
First, Pine Point School Board
member Maynard Swan says he
will now submit a letter to the
Minnesota Department of Children
Families and Learning in which he
requests a full investigation ofthe
missing funds at the school. Swan's
action comes on the heels ofa May
21,  1999, Press/On article that
quoted another school board
member, Robert "Bobbie Jack"
Larson who alleged that over
$200,000 is missing from the
school's funds. Swan's letter will
be sent to Barb Yates, Deputy
Commissioner ofthe department.
The missing funds were
discovered during a 1998 audit
conducted by the Certified Public
Accounting firm of Brady Martz.
The former tribal school became
part of the state public school
system in the early 1970's, and
remained part of the Park Rapids
school district until theearly 1980's
when it became an independent
state public school.
In 1989, then-State Auditor Arne
Carlson recommended after an
audit ofthe school that charges of
theft be brought against two former
school administrators. The matter
was referred to Becker County for
prosecution, however, no formal
charges were ever brought.
Yates told Press/On this week
that she is waiting for the request
for the investigation from Swan.
She would not say what action she
would take in this latest matter. "I
don't know where this will be
referred to," Yates said on Monday,
May 24.
A second major event on White
Earth is that an Internal Revenue
Service (IRS) agent from Grand
Forks, ND is now probing the
Controversies/to pg.3