Copyright © 1998 NLThomas
All Rights Reserved

In a move which could have repercussions throughout the six-reservation Minnesota Chippewa Tribe, Fond du Lac's Reservation Business Committee last week refused to recognize a petition to compel a reservation vote on the RBC's planned construction of a $9-15 million administration building.

Submitted July 3 and signed by 269 resident eligible voters, the petition would require that any RBC expenditure of $400,000 or more first be approved by a referendum vote of the Fond du Lac members. While not disputing the fact that the number of signatures exceeds the constitutional requirement of "20% of resident voters of the reservation," the RBC denied the petition, which it claimed "would bring all activity on the Fond du Lac Reservation...to a standstill."

The RBC said such a move toward democratization could jeopardize annual per-capita payments, a statement which opponents called a thinly-veiled threat. [** Fond du Lac Band is the only Minnesota Chippewa Tribe band that pays per capita payments from casino profits.]

Defending the action in a July 11 letter to reservation members, the five RBC members wrote, "It is not a reasonable understanding of the Minnesota Chippewa Tribe Constitution that Article XIV would enable 269 out of over 3500 members of the Fond du Lac Band to stop the Band from operating.

But Fond du Lac member Kelly Smith, who singlehandedly obtained the petition signatures, said the RBC is flouting the constitution in order to bar popular participation in allocating the reservation's wealth. "The more money that comes in, the more they want to keep it closed so we don't have any say in how it's spent, said the 29-year-old Smith.

"Right now, five people are making the decisions for 4,000 people. I don't think five people can do that and be fair," Smith said.

In fact, 269 eligibel voters constitutes at least a quarter of reservation adults, 1/3 of Fond du Lac's resident voters in 1996, and more than the total number of votes that RBc incumbent Clifton Rabideaux received to claim reelection this year as representative of the largest Fond du Lac district. Chairman Sonny Peacock obtained 305 on-reservation votes this year while winning by a 2-1 margin.

RBC officials could not be reached for comment, but their letter argues that a previously unknown 1995 constitutional interpretation by the MCT's Tribal Executive Committee [** chaired for many years by former White Earth Tribal Chairman Darrell 'Chip' Wadena and including as voting members, Alfred 'Tig' Pemberton, Dan Brown of Leech Lake] - apparently its ninth of that year alone - severely restricts the referendum process. Among other provision, the TEC resolutin "interprents" the constitution's "enacted or proposed resolution or ordinance" to mean resolutions or ordinances... which have been finally enacted." In other words, thribal members could petition for a referendum on RBC actions only after the fact.

But it does not stop there. Constitutional Interpretation #95-9 also refused to achnowledge referendum pettions on "administrative and executive power of the committe," "emergency enactments passed for the preservation of the public peac, health, and safety,' and "appropriations necessary for the expenses, maintenance, and support of the reservation governments and its institutions."

Such an interpretation could be cited to thwart virtually any petition for a referendum, especially in light of the tribal governments' limitless -- and quite creative -- interpretive powers. There are no provisions for overturning constitutional interpretations, since the authority to interpret the constituition is not granted to the tribal government in that document. The TEC unilaterally assumed such power in 1980 through a constitutional interpretation which it retroactively gave itself the authority to issue.

Smith said he will seek a federal injunction to stop construction on the the tribal offices. In addition, he may bring the issue to the upcoming TEC meeting. But he has no intention of appealing the ruling to Fond du Lac's tribal court "How can you win in tribal court when they fire the judge if they rule in your favor?" asked Smith.

Twice in the last year, the Fond du Lac business committee ignored petitions for special RBC meetings under the reservation's by-laws, and it recently changed the bylaws toi allow only the RBC to call such meetings.

Smith said Fond du Lac's governing body has attempted to stifle any input from members since they voted down a 1989 referendum on an agreement with the state to accept cash payments in return for foregoing the exercise of treating hunting and fishing rights.

"The only right that we got to participate, they say, is the right to vote, and people are getting more and more distrustful of the elections," said Smith. "There's a lot of crooked stuff going on here."

"The first element of sovereignty, and the last which may survive successive statutory limitations of Indian tribal power, is the power of the tribe to determine and define its own form of government. Such power includes the right to difine the powers and duties of its officials, the manner of their appointment or election, the manner of their removal, the rules they are to obderve in their capacity as officials, and the forms and procedures which are to attest the authoritative character of actis done in the name of the tribe."
---excerpt from Felix Cohen's handbook of Federal Indian Law.

Since the tribal elections, Leech Lake Reservation residents have had the opportunity to, under authority of a new chairman, Eli Hunt, attend and speak at meetings of the Reservation Business Committee. Recent issues being discussed are the felony convictions of certain RBC members and the termination of certain top administration employees.

Even though the tribal members at the RBC meetings numbered in the hundreds, and were unanimous in support of these decisions made by the new chairman, the four incumbent RBC members failed to carry out the wishes of the people they are supposed to represent and have since acted against the chairman in carrying out his promise to the people of having an honest and open government.

The main prroblem is that tribal people cannot broaden our government or make the necessary changes unless we get rid of the present IRA tribsal constitution. To do this, we must come together as a nation, with the involvement of all six reservations.

In the election protest at White Earth, the Tribal Executive Committee has taken the position of supporting the incumbents of the Reservation Business Committee and not recognizing the new chairman. Also, this tribal committee has taken it upon themselves to say that only they can interpret the constitution to mean whatever they need it to mean to keep the people separated ion the six reservations. All six reservations and all tribal people who vote absentee must come together to question this Tribal Executive Committee. Where did they ghet full govening authority? Have the people ever amended the constitution to authorize this?

Now, in fact, we not only have convicted felons acting in offical capacity on our RBC's in Leech Lake and White Earth, but we also have these same convicted felons sitting on the Tribal Executive Committe, claiming only they can interpret the tribal constitution.

If tribal members everywhere care anything about the future of our people and the status of our nation, revove the convicted felons from the Tribal Executive Committee, along with the rest of the TEC members for failing to act against those convicted of crimes against the people. This Tribal Executive Committee and their attorneys with all their legal tricks of the trade have made this present constitution useless as far as protecting the rights and sovereignty of our people.

In fact, the TEC is involved in a conspiracy to deny the Anishinaabe nation our inherent right to self-government. Our grandfathers signed treaties to insure these rights. This TEC/RBC, and all who aided and abetted them, must be held liable for their acts.

Now is where the people of our nation can demand that the federal government uphold their "trust responsibility" and deal with these individuals.

There are federal laws in place to protect our inherent rights/treaties. The federal government does have an obligation to protect our treat rights, so the TEC should be dealt with for acting beyond the scope of their authorities under the present constitution.

The Tribal Executive Committee and its RBC's have been denying our inherent and treaty rights. They have violated federal laws put in place to protect these rights. Tribal members everywhere must be informed and allowed to have input into restoring our national status and developing a better government for all of us.

Please, tribal people, attend the upcoming TEC meeting; our future depends on it. We must choose between rebuilding our nation or allowing the TEC to lead us into termination. The TEC and its complicity administration has not announced the date of the next meeting, which they will likely keep secret as long as possible. Call tribal administrator Gary Frazer today, and keep calling until he discloses the date of the next TEC meeting.