Additional News Coverage on John Petoskey from Leelanau Enterprise

Thanks to W. for sending the pdf.

Leelanau Enterprise Article on JP

Again, very nicely done by Eric Carlson.

Michigan Supreme Court Incorporates Key ICWA Provisions into Michigan Court Rules

Here is the order.

An important day for Michigan Indian people. Congrats to Bill Brooks and the rest of the American Indian Law Standing Committee.

Gun Lake Casino Construction Update

From Indianz:


The Match-E-Be-Nash-She-Wish Band of Potawatomi Indians, also known as the Gun Lake Tribe, held a topping out ceremony for the $157 million Gun Lake Casino last week.

The tribe began work on the 83,000-square-foot facility last fall. Construction is expected to be complete by the end of the summer.

The casino is located off a major interstate in Wayland Township, Michigan. Continue reading

GTB Eliminates General Counsel Position

We agree with John Wernet.

From the Record-Eagle:

Published: February 03, 2010 08:05 am

Longtime GT Band attorney let go

By BILL O’BRIEN
bobrien@record-eagle.com

SUTTONS BAY — The Grand Traverse Band of Ottawa and Chippewa Indians cut ties with longtime legal counsel John Petoskey.

The band’s Tribal Council on Monday voted to “restructure” its legal department and make its general counsel a contracted position. The move effectively ended Petoskey’s 23-year tenure with the band.

“They said it was a restructuring, but in my view it wasn’t a restructuring,” Petoskey said Tuesday. “They wanted to get rid of me.”

The move was approved with votes from tribal councilors Sandra Witherspoon, David Arroyo and Rebecca Woods. Councilor Sandy Anderson abstained, and council members Brian Napont and Connie TwoCrow were absent.

Tribal Chairman Derek Bailey only votes to break a tie on the council, and declined comment Tuesday on the council’s decision.

“For me, the vote has been made,” Bailey said. “The action has been put in place.”

Petoskey said the decision was discussed in a closed session Monday that he did not attend. He informed other tribal staff of the move in an e-mail Monday afternoon.

“I have been dismissed by the Council with notice that my last day is Feb. 28,” Petoskey said in the brief note. He asked for any pending legal matters to be forwarded to the band’s legal department to assure a “smooth transition” to a new staff.

Petoskey described a deteriorating relationship with the tribal council in recent months. He would not cite specifics because of his attorney-client relationship with the council, but said he witnessed an increasing number of closed sessions on various topics. He said he urged officials to be more open and transparent.

“We had real differences of opinion on how the council elected to do things … it was not advice that was accepted,” Petoskey said. “As far as I know, it’s not an example of (me) doing something wrong.”

Petoskey said his annual salary is just over $100,000, but doubts the band will realize any cost savings by shifting to contracted legal help.

“A contract attorney is going to cost much more than the work that I do,” he said.

John Wernet, deputy legal counsel for Gov. Jennifer Granholm and her liaison to Michigan’s Indian tribes, described Petoskey as “one of the most-respected tribal attorneys in the country.”

“I have the utmost respect for his knowledge, ability and integrity,” Wernet said.

Petoskey said he enjoyed his career working for the band. It evolved from a small Indian tribe that operated on a shoestring budget for years after its federal recognition in 1980 to a major economic powerhouse and employer in northern Michigan that runs two casinos and the Grand Traverse Resort & Spa.

“It’s certainly been rewarding,” Petoskey said. “I’m from here, I spent my whole life working here.

“Years ago the band was nothing. Now it’s something,” he said.

Michigan Court of Appeals Upholds Termination of Indian Parent’s Rights

Here is the opinion in In re Miller.

An excerpt:

Respondent was a member of an Indian tribe, and before termination of her parental rights could be ordered, the court was required to find evidence beyond a reasonable doubt that continued custody of the child by respondent was likely to result in serious emotional or physical harm to the child under the Indian Child Welfare Act, 25 USC 1912(f). Expert testimony was presented that respondent’s conduct violated the norms and customs of the Chippewa Tribe and that continued custody was likely to result in serious emotional harm to the child. Accordingly, the court did not clearly err in finding that termination was in the best interest of the child.

Traverse City Tomorrow Panel with GTB Chair Derek Bailey and Michael Moore, et al.

Here (whole video).

Michael Moore and Derek Bailey opening comments.

Derek Bailey and Michael Moore closing comments.

Ziibiwing Changing Exhibit Opening Saturday

The Dr. Mike and Linda Shinkle Collection: People of the Turtle

The Ziibiwing Center of Anishinabe Culture & Lifeways will premiere a new changing exhibition, “The Dr. Mike and Linda Shinkle Collection: People of the Turtle,” on Saturday, January 30, 2010. The Ribbon-Cutting Ceremony to open the exhibition will take place at 12pm. This exhibition will run January 30 – August 7, 2010.

“The Dr. Mike and Linda Shinkle Collection: People of the Turtle” began as an effort to pay tribute to the Eastern Woodland Indian Tribes at a new cultural center in Muncie, Indiana, called Minnetrista. To honor these great people, the founders of Minnetrista which include Dr. Mike and Linda Shinkle of Morton, Illinois, and several Woodland tribal leaders were assembled in an effort to communicate the culture and history of the first people of the land and their story of survival and growth. This consortium of Eastern Woodland tribes and Nations became known as the Minnetrista Council for Great Lakes Native American Studies (MCGLNAS). Continue reading

Revenue Sharing Distribution for Grand Traverse Band

Press release here: 2% second half 2009 press release 01-27-10.

Controversy at Little Traverse

From Indianz:

The tribal council of the Little Traverse Bay Bands of Odawa Indians of Michigan voted 4-3 to remove two members from the gaming board of directors.

The council removed Dollie Keway and Fred Kiogima in a surprise vote, The Petoskey News-Review reported. Tribal elders had spoken in favor of the board at a council meeting on Sunday, the paper said.

Keway said the vote reflects tensions between the board and chairman Ken Harrington. She says Harrington has been interfering in the hiring process for a general manager at the Odawa Casino Resort.

Three members remain on the board.

Get the Story:
Tribal council votes out two gaming board of directors (The Petoskey News-Review 1/26)

Bankruptcy Court Order Confirming Greektown Reorganization Plan

Here: Greektown Order.