Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-11-02

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BHMBHHHHH
■y 7
INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 7
White Earth tribal
police to put
credibility on trial in
assault cases
pgi
The Sioux:
anthropology professor
provides pre-publication
draft for comment
pg5-6
How the roosters have
come home to roost
pg4
Staggering debt,
overwhelming overhead
jeopardize Red Lake
gaming
pgi
Commentary
King's folly
slides us towards
insolvency
pg4
Staggering debt and overwhelming
overhead jeopardize Red Lake gaming:
Monthly losses could exceed $500,000
Voice     of     the'People
web page: www.press-on.net
By Bill Lawrence
A Fiscal Year 2001 financial report prepared by Red Lake gaming
management reveals that the River
Road motel and water park have
lost $71.986 since the nearly $40
million dollar facilities' grand
opening slightly more tiian four
months ago. on May 25.
Tlie 31-page reports, which
cover Red Lake gaming fiscal year
2001 (October 1.2000 - September 30.2001), were discussed at
the gaming board meeting on October 22 at the River Road Casino.
(The gaming boaid consists of the
eleven members of tlie Red Lake
tribal council.) Acopy of the reports was subsequendy provided to
Press/ONhy an anonymous
source.
Tlie reports' 31 pages include a
summary by its principal drafter,
Red Lake gaming accountant
Veldon Baird, and a 15-month projection from October 1,2001 to
December 31.2002. The reports
include income and expense reports for tlie River Road, Red Lake
and Warroad Casinos, as well as
separate reports for other enterprises operated by Red Lake gaming: the River Road motel and water park, the Warroad Lakeside restaurant, Warroad apartments, and
Super 8 motel in Warroad.
According to the reports, during
fiscal year 2001 tlie Red Lake Casino had a net profit of $320,424,
the River Road Casino had a net
profit $5,943,898, and the Warroad
Casino had a net profit of
$2,133,878. The report shows a
FY 2001 $64,507 profit for die Supers motel, a $71,091 /ass for the
Lakeview restaurant at Lake ofthe
Woods, a $44,103 loss forthe
Warroad apartments, as well as tlie
loss of $71,986 for tlie River Road
motel and water park. These reported fiscal year 2001 profits and
losses do not reflect required payments (payments to die tribe, loan
repayments, health insurance payments, and room and sales tax payments). They also do not include
operatioiial/construction equipment
costs, or gaming equipment costs
(which die accountants included in
a category "other uses of cash"). In
other words, even though many of
the operations made a profit 'on
paper' during fiscal year 2001, the
profits may not be enough to pay
for the obligations imposed on
them by Red Lake tribal government
Tlie report includes a narrative,
in which die accounts wrote, "The
Super 8 revenue for September
[2001] is suspect. They installed a
new computer accounting system
for Super 8 franchisees and the system broke down. It was noted during die recording process at Gaming diat tlie numbers received from
Super 8 were not matching tlie
banking records. ..."
Tlie consolidated report, which
contains tlie FY 2001 financial infonnation for all seven entities operated by Red Lake gaming enterprises, is reprinted on page 8 of this
edition along with the 15-month
projections. On the consolidated
DEBT to page 8
Native  *~
American
Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2001
Founded in 1988
Volume 13 Issue 49
November 2, 2001
White Earth RBC accepts
partial settlement of suit
against Circle ofLife
By JeffArmstrong
A White Earth family which won
a precedent-setting federal judgment last year against tlie
reservation's Circle ofLife school
for educational discrimination took
a first step toward recovering tlie
significant legal expenses they have
incurred.
Representing tlie White Earth
RBC, attorney Zenas Baer agreed
to a $1,000 settlement to one of
two claims filed under tlie federal
Individual Disabilities Education
Act (IDEA) by Leonard Roy and
Laura Guthrie on behalf of their
daughter, Gina Roy. The family is
seeking a total of $13,000 in expenses recoverable under Ute U.S.
statute on behalf of dieir attorney
Sonja Kerr.
Guthrie has also filed a separate
complaint of retaliation regarding
child protection and restraining order petitions, as well as criminal
charges—all of which were dismissed—brought against herby
school officials as a direct result of
her attempts to address tlie complaints she filed on behalf of Gina
in 1999.
The school did not appeal the decision of BIA administrative tearing officer Kathleen Holden, the
first such due process complaint
ever upheld in Minnesota.
"At a time when the parties most
needed to rely on tlie procedural
protections of IDEA those protections were not used." wrote Holden
in her Jury 2000 decisioa "It is
little wonder that the parents are
suspicious ofthe school intentions.
Thev feel setup and helpless."
The White Earth RBC instead
challenged tlie jurisdiction ofthe
federal district court to apply the
IDEA provisions to tlie tribal
school, an argument which would,
say critics, effectively exclude reservation children from protection
under die Act.
"If the judge uphold tribal immunity in this case. Indian children
will be the only ones denied access
to federal courts to recover
attorney's fees." said human rights
advocate Ed Petersoa who lias
closely observed tlie complaint
process.
"If we can get attorney's fees, we
can get attorneys to help the children," said Leonard Roy. "Tliat"s
what tlie federal law mandates—
they liave to pay."
Citing, among odier rulings.
Armstrong v. Mille Lacs. Baer argued for exclusive tribal court jurisdiction Tlie reservation attorney
maintained tliat die RBC is the local educational agency as defined
in tlie law. essentially acknowledging diat he did so in order to claim
sovereign immunity.
In her responding brief, attorney
Kerr said tlie school is cleariy die
responsible agency as defined in
the law.
"Neitherdie tribe nor tlie BIA
had any direct involvement in the
identification, evaluation, program
or placement or other factors of
Plaintiff Gina Roy's education or
lack diereof To require those entities to be a part of this special education lawsuit is nonsense."
No long lines
■ ■■
Minneapolis
Indian Health
Board in
disarray, again
By Jean Pagano
On Tuesday. October 23rd, four
police officers arrived at tlie Indian
Healdi Board (IHB) in Minneapolis and escorted Lydia Carios. a
physician at die clinic, from the
building. Carios' forced departure
from tlie building was die result of
a meeting between Carios and executive director Yvonne Bushy head
on tlie 19"1 of October and Carlos'
subsequent letter to tlie staff concerning die meeting.
Tlie meeting, attended by
Busliyhead and Carios. was in regard lo the tensions which exist at \
tlie IHB between tiie administrators
and IHB staff. Since Ms.
Bushy head's arrival at die IHB two
and a half years.ago. a diird ofthe
65-person staff has eidicr left or
been fired. Lydia Carlos, a pediatrician with an 18-year career at IHB.
is well respected and known statewide for her efforts involving fetal
alcohol syndrome.
Tlie MB. created in 1971, is one of
die oldest Indian health centers in
die nation It offers medical, dental, counseling, and other services
to low-income people. It serves
1,000 patients a month, a thhd of
which have no health care coverage. The Minneapolis MB lias
been plagued by tensions between
staff and administrators since its inception.
In 1993, responding to repeated
community concerns and allega-
BOARD to page 5
Photo credit: Bill Lawrence
No long lines at Red Lake Casino restaurant. Lakeview Restaurant, on the bank of Lake of
the Woods, is sparsely attended in this photograph taken on the morning of October 28th.
The Lakeview Restaurant lost $72,000 during the 2001 fiscal year.
White Earth tribal police to put credibility
on trial in assault cases
Three prong
attack against
diabetes
By Jean Pagano
Diabetes is commonly seen as a
blood glucose problem. The Department of Health and Human
Services (HHS), along with the National Diabetes Education Program
(NDEP), and the American Diabetes Association (ADA), lias declared November National Diabetes Mondi Tlie HHS. tlie NDEP,
and die ADA have decided that
diabetes treatment is more than just
blood glucose management. Along
with blood glucose treatment,
blood pressure and cholesterol are
contributing factors towards effective diabetes care.
Control of blood pressure and
tlie cholesterol component help to
reduce the incidence of serious
health problems, especially heart
disease and stroke. Heart disease
and stroke are among tlie leading
killers in tlie United States. Newly
released guidelines for blood pressure and LDL cholesterol in people
with diabetes are measurably lower
than die general population and are
similar to diese guidelines for
people with existing heart ailments.
New studies have sliown diat diere
is a dramatic link between diabetes
and heart disease, and tlie HHS,
NDEP, and ADA are putting together a new public awareness
campaign to infonn citizens about
the risks and relationships between
tlie diseases.
New research indicates tliat
people with diabetes can live
DIABETES to page 3
SMSC donates $900,000
for Indian education
Prior Lake - The Shakopee
Mdewakanton Sioux Community
(SMSC) recendy made history by
donating a total of $900,000 over
a tiiree-year period to die American Indian College Fund. This is
the first time in history diat any
tribe lias given such a generous
donation to die AICF. Tlie donation, in diree annual installments
of $300,000, will be used to endow a scholarship fund for Indian
students.
Executive Director Richard
Williams, tiirilled widi die endowment, said, "This gift is very
important in Indian history be
cause it is the first time a tribe lias
committed to supporting scholarships for all American Indian students across the country. We
deeply appreciate die generosity
and care of the Shakopee
Mdewakanton Sioux Community
to support education for all Indian people."
Tlie grant will be used as a
challenge leverage (or matching)
fimd from odier tribal nations to
build an endowed scholarship
fund for Indian students. Once
matched, the interest generated
SMSC to page 3
BIA asks for more time to
make recognition decision
A ssociated Press
NORTH STONINGTON, Conn
- Tlie federal Bureau of Indian Affairs lias asked a U.S. District
Court judge for more time to determine if two Connecticut Indian
tribes deserve federal recognition
The BIA last year gave preliminary approval to die petitions of die
Eastern Pequot and Paucatuck
Eastern Pequot tribes. Tlie ruling in
die final days of die Clinton administration lias been under review
since.
In granting preliminary federal
recognition to bodi tribes last year,
the BIA said a final decision could
mean die recognition of bodi tribes,
either tribe, or a combined entity.
The towns of Preston, Ledyard
and North Stonington, as well as
state officials and some members
of Congress, took die case to federal court. They claim die decision
made by former BIA Director
Kevin Gover are faulty because he
rejected die recommendations of
agency researchers, who said neither group qualified for federal recognition.
U.S. District Court Judge
Covello had set a strict timetable
for completing die recognition process, calling for a final decision by
the end of die year.
But in recent mondis, die towns
have submitted more than 1,500
pages of material opposing recognition for die Easterns and
Paucatucks. The tribes also have
BIA to page 3
By JeffArmstrong
The credibility of die White
Earth police department is likely to
be tested in two stale criminal cases
tn nyIucIi the individuals charged allege they were victims of harassment and excessive force.
Lowell Bellanger, 69. is scheduled to appear in Becker County
court Nov. 19 on the felony charge
of fleeing a White Earth officer and
on one gross misdemeanor count of
forcibly resisting arrest. Bellanger
was hospitalized as a result of die
Aug. 31 incident in which lie was
traced and pulled out of his car. but
was not charged until Oct. 2.
Mahnomen County Attorney
Eric Boe. citing potential conflicts,
transferred die reservation complaint to Norman County, which
apparently declinedjurisdiction.
Bellanger charged diat Becker
County willingly accepted die case
due to its ties with die RBC and
reservation police.
"Nonnan Countv wouldn't take
it, diey wouldn't get indie middle
of this." said Bellanger. "It took
[tribal officials] a mondi to get diis
fictitious prosecutioa to get Becker
County to take it.'
Bellanger said he looked forward
to a jury trial to demonstrate diat he
was tlie innocent victim of an arbitrary and illegal tribal police force.
He said his car is still unlawfully
lield at a local impound lot, whose
owner is demanding $300 for its
release.
In a similar case, Becker County
district judge William Walker refused to seriously consider a motion by Kristen Manypenny to dismiss charges of assaulting White
Earth officer Chris Benson.
Manypenny suffered two broken
bones in her foot when Benson
subdued her and forced her into his
squad car after she failed to leave
die scene ofa verbal dispute.
Walker went so far as to claim
Manypenny "did not show proof
drat she is an enrolled member of
the tribe, nor did she present evidence that the alleged criminal conduct occurred within the interior
boundaries of the White Earth reservation"
Tlie l*1 district judge upheld the
legality ofthe White Earth police
force and the enabling law enforcement agreements with surrounding
counties.
"The Officer involved in this
case was (still is) a licensed peace
officer with the State ofMinnesota.
Further, the White Earth Band of
Chippewa Indians have entered
into a cooperative Law Enforcement Agreement witliBecker
County. Under that agreement officers of die White Earth Band are
authorized to enforce die criminal
laws ofthe State ofMinnesota
witiiin that portion of die White
Earth Reservation that ties in
Becker County. The agreement remains intact and die officer lawfully conducted his duties in diis
case." wrote Walker.
Norton addresses American
Indian education conference
AssociatedPress
BILLINGS, Mont.- Interior Secretary Gale Norton lias sent a positive message to America's Indian
leaders by addressing diis
weekend's National Indian Education Association conference.
"She was tlie first secretary to
ever address us," said Clarice
Denny, member of the Hardin
School Board. "I think tiiat's a
good sign. I admire her for that."
Tlie nation's largest and oldest
American Indian education group,
tlie association was established in
1969 to give Indians more voice in
education policies. Neariy 2.000
participants attended die confer
ence, where Norton said die gap
between American Indian and
white students must be closed.
Despite improvements, one of
die largest barriers remains utdated
school buildings, she said. In
Belcourt, N.D.. for example, portable buddings atop steep slopes
are used by 80 percent ofthe students, she said. Pipes freeze and -
students shiver dirough dieir lessons.
"Sometimes we need to get back
to die basics - school buildings that
are safe and sturdy." Norton said.
Congress lias approved President
NORTON to page 3
Students at BIA schools lag
behind peers in public schools
By Robert Gehrke
Associated Press
WASHINGTON - Students at
schools on Indian reservations
don't perform as well academically as public school students,
congressional investigators say.
The report, released Friday by
the General Accounting Office,
also found that students in Defense Department schools - die
other group of schools run by the
federal government - perform
better dian public school students.
Bureau oflndian Affairs director Neal A. McCaleb.
Oklahoma's fonner transportation secretary, said culturally biased standardized tests and college entrance exams may not accurately measure die quality of
die BIA education.
Tlie GAO suggested a number of
causes for lower scores on standardized tests, college entrance
exams and odier assessments:
students' limited English skills;
less schooling for die students'
parents: a 27 percent poverty rate
in Indian families; and a 43 percent unemployment on reservations.
It boils down to money, said
Charles Colbert, a professor with
Arizona State University's
American Indian Studies program
"Until the playing field is level
in tenns of putting in die amount
of money that needs to be put
STUDENTS to page 3
Indian fund
judge blasts
U.S. officials
By Robert Gehike
AssociatedPress
WASHINGTON —An exasperated federal judge berated the Interior Department on Tuesday for repeatedly fading to fix a system that
manages billions of dollars of Indian money.
He said die dereliction seems to
be clear grounds to hold Interior
Secretary Gale Norton and others
in contempt of court
U.S. District Judge Royce
Lamberth advised a government
lawyer to "throw yourself on die
mercy ofthe court" rattier than defending conduct he called "so
clearly contemptuous."
Lamberth is presiding over a
lawsuit filed in 19% on behalf of
300,000 American Indians that alleges die government squandered
$ 10 billion in royalties from Indian
land and possibly many times drat
amount. Tlie government admits
mismanaging die Oust fund.
Almost two years ago, Lamberth
ordered die Interior Department to
determine how much it owes die
Indians and overhaul its accounting
system.
Neidier has happened, in spite of
$614 million spent by Interior, according to a series of reports in recent mondis by a court-appointed
watchdog. Moreover. Interior officials have misled die court about
the status of overhaul efforts, the
reports say.
Tlie Indians' attorneys want contempt orders and possible jail time
for nearly 50 government officials
JUDGE to page 3
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