Two rival factions of the Timbisha Shoshone Tribe have been duking it out in federal court. One band sought a TRO preventing the enforcement of a BIA decision to recognize the other, but the Eastern District of California denied the motion on Dec. 23, on the grounds that adequate remedies at law remain, including administrative remedies. Here are the materials:
timbisha-v-kempthorne-complaint [includes BIA materials]
motion for TRO [includes Timbisha tribal constitution]
From the Leelanau Enterprise:
Derek Bailey sworn in as new GTB chairman.
DEREK BAILEY at last week’s swearing-in ceremony.
Clutching an eagle fan believed to give a leader the courage to “speak in a good way,” the youngest tribal chairman in the history of the Grand Traverse Band of Ottawa and Chippewa Indians stepped up to the podium on stage at the Leelanau Sands Casino Showroom Thursday afternoon immediately after being sworn in.
“This is a very emotional, powerful moment not only for me but for our entire nation,” said 36-year-old Derek Bailey. He explained that the sacred feathers were loaned to him by his uncle, Deuce Miller.
Bailey acknowledged how long and difficult the 2008 tribal election process had been.
“To those who did not support me in the election,” Bailey said, “I will work hard to meet your needs and expectations.”
In 1980, when the tribe was finally recognized as a sovereign nation by the U.S. government, membership was around 400. Tribal membership now exceeds 4,000.
From Indianz:
The outgoing chairman of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan is being sued in tribal court over salaries of tribal council members.
The tribe’s Compensation Committee set the base council salaries at $60,000. Those serving as vice chair, secretary and treasure were supposed to receive base pay of $65,000. But right before this year’s election, chairman Robert Kewaygoshkum set higher salaries for some council members, according to the suit filed by the Compensation Committee. Kewaygoshkum reportedly makes around $100,000. Kewaygoshkum was defeated by Derek Bailey after a second election was held in September.
Get the Story:
Suit targets tribal head over new salary levels (The Leelanau News 12/15)
Here are a few recent scholarly articles of interest to the blog:
Susan Gray, Miengun’s Children: Tales from a Mixed-Race Family, 29:2&3 Frontiers 136 (2008) — article about the children of Northport, Michigan missionary George N. Smith
David Wilkins & Sheryl Lightfoot, Oaths of Office in Tribal Constitutions, 32 Am. Indian Q. 389 (Fall 2008)
Siegfried Weissner, Indigenous Sovereignty: A Reassessment in Light of the UN Declaration, 41 Vand. J. Int’l L. 1141 (2008)
Holy cow! It just won’t stop. 😦
From the Record-Eagle:
TRAVERSE CITY — Yet another challenge has arisen in the Grand Traverse Band of Ottawa and Chippewa Indians’ quest to install a chairman.
On Sept. 24, Derek Bailey defeated two-term incumbent chairman Bob Kewaygoshkum 256 to 186 for the four-year chairman position. That election was scheduled after a tribal court threw out the regularly scheduled May chairman election, in which Kewaygoshkum beat Bailey 233 to 210.
Bailey said it’s his understanding eight people filed nine separate challenges to the recent election, but he couldn’t provide details.
“I do recognize and honor the election challenge process,” he said. “(But) all of these challenges are personal character attacks and, or, are an … attack on the tribal judiciary’s ruling that was reached in August.”
From Indianz:
Bailey defeated incumbent chairman Robert Kewaygoshkum in a second matchup that was ordered by the tribal court. He won by 70 votes, after losing by 23 votes in a disputed election in May. At 35, Bailey will be the youngest person to serve as chair. The term lasts four years.
Get the Story:
Challenger elected tribal chairperson (The Traverse City Record-Eagle 9/26)
Tribal Court Decision:
Bailey v. GTB Election Board (August 8, 2008)
Ugghhh. I wish we just had one election, instead of two or more every time….
From the Record-Eagle (H/T Indianz):
PESHAWBESTOWN — Members of the Grand Traverse Band of Ottawa and Chippewa Indians will have another shot at selecting a tribal chairman today.
A tribal court in August ruled the band’s election board improperly censured candidate Derek Bailey shortly before the initial vote in May. A new election was ordered, and polls will be open today from 7 a.m. to 7 p.m. in Peshawbestown, East Jordan, Traverse City and Benzonia.
Bailey lost by 23 votes to two-term incumbent chairman Robert Kewaygoshkum in the regularly scheduled May 21 election. But Bailey challenged the results because the band’s election board issued an e-mail censuring him for using a tribal computer to visit his campaign Web site.
The mass e-mail was sent less than 24 hours before the election to all tribal gambling and government employees. A tribal appeals court eventually ruled the action was “far outside the scope of the authority granted to the election board under the Constitution.”
Bailey, who served as a tribal councilman before running for chairman, is pleased to see the new election.
Here is the court order referenced in the Record-Eagle article — Bailey v. GTB Election Board
PESHAWBESTOWN — A new election will be held for the Grand Traverse Band of Ottawa and Chippewa Indians’ chairman’s post after a tribal court ruled the band’s election board improperly censured candidate Derek Bailey just before the initial vote.
A 23-page order issued by the band’s appellate court last week threw out the results of the May 21 tribal chairman’s election and ordered a new vote for the four-year post.
Bailey lost by 23 votes to two-term incumbent Robert Kewaygoshkum. But he challenged the results because the band’s Election Board held an emergency meeting two days before the election and subsequently issued an e-mail censuring him for allegedly using his tribal computer to visit his campaign Web site.
No date for the new election has been scheduled, tribal officials said.
From the Leelanau News:
An attorney representing the Grand Traverse Band Election Board said the tribe is moving forward to resolve challenges filed by several tribal members including a candidate for the Tribal Chairman’s seat following the tribe’s Regular Election on May 21.
Tribal attorney William Brooks of Manistee said the Election Board met Monday evening in Peshawbestown to set procedures and a timeline for reviewing election challenges filed by Tribal Chairman candidate and sitting Tribal Councilor Derek J. Bailey, as well as three other tribal members, Katrina Smith, Rosemary Fay Antoine and Johnna L. Milks.
Brooks said he believed challenges filed with the Election Board over problems allegedly encountered by some voters at a polling place should be resolved by the board “within the next few weeks.” However, allegations of impropriety against the Election Board and its chairman, tribal elder Sam Evans, will take longer to resolve, he said.
From the Leelanau Enterprise:
The Tribal Election process appears to have gone sideways – again.
Officials of the Grand Traverse Band of Ottawa and Chippewa Indians were slated to certify results of the May 21 Regular Election today and administer oaths to newly elected or re-elected members of the Tribal Council tomorrow.
Both of those events have been postponed, however, while the tribal Election Board sorts through a series of challenges filed by four tribal members, including Tribal Councilor Derek Bailey, who ran for the Tribal Chairman’s seat against incumbent Robert Kewaygoshkum.
Turtle Talk 
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