MCN Adopts Free Press Legislation for Mvskoke Media

Muscogee (Creek) Nation introduces protections for tribal media

NORMAN, Okla. – The Muscogee (Creek) Nation (MCN) added free press protections for the tribe’s media division, Mvskoke Media, with the passage of a free press act.

The MCN National Council passed NCA 15-218 by a unanimous vote of 14-0 during the Sept. 26 meeting at the tribal headquarters in Okmulgee, Okla. MCN Principal Chief George Tiger signed the legislation into law Oct. 8.

The council cited access to information and a need for an independent media with stronger objective reporting by the tribe’s media department as findings of support for the amendment.

Reps. Thomas Yahola, Pete Beaver, Johnnie Greene, David Nichols, Dode Barnett, Joyce Deere, Frank Coachman, Mark Randolph, Lucian Tiger, David Hill, Robert Hufft, James Jennings and Adam Jones co-sponsored the legislation.

The department includes a semi-monthly newspaper, weekly radio and television broadcasts and graphic design and printing services.

Mvskoke Media was previously organized under the tribe’s executive branch.

Sterling Cosper, editor of the tribe’s official newspaper, the Muscogee Nation News, said the passage of the act is a positive first step toward an independent press.

“Officially confirming the fourth estate to the framework of our government is an imperative exercise in tribal sovereignty and self-governance,” he said. “We intend to perpetuate this exercise by immediately utilizing the protective provisions of this bill to fulfill its purpose of bringing fair and balanced accounts of MCN affairs to the citizens.”

Jason Salsman was named interim manager of the department earlier this year. He is also the multimedia producer and host of Native News Today, the only all-Native news format currently airing on network television in the state of Oklahoma.

“The citizens will get timely, pertinent news from credible journalists with excellent sources and documentation to back their work,” Salsman said. “The fact that the fourth largest tribe in America will fund a department to be the watchdog sends a clear, concise message that transparent government is a top priority. My hope is that many others will do the same.”

The amendment established an independent three-member editorial board, which oversees Mvskoke Media, without influence from the tribal government.

The executive branch, legislative branch and Mvskoke Media are each responsible for nominating one member to the newly established three-person editorial board. Each member will serve a three-year term.

Travis Snell and Rebecca Landsberry were confirmed as board members by tribal resolution Oct. 31 during the MCN National Council quarterly session.

As of press time, a third member has not yet been nominated.

Snell is a member of the Cherokee Nation and serves as the associate editor of the Cherokee Phoenix, the oldest Native American newspaper. The Phoenix is one of a handful of tribal media outlets with free press protections currently in place. He is a longtime member of the Native American Journalists Association (NAJA).

NAJA is a nonprofit organization educating and connecting its membership through programs that promote diversity and defend challenges to free press, speech and expression. NAJA currently has more than 500 members across the U.S., and Canada covering Native communities through local, tribal and mainstream media.

Landsberry is a Muscogee (Creek) citizen and former editor of the Muscogee Nation News. She is the current NAJA interim executive director and treasurer for the Native Health News Alliance.

Landsberry says freedom of the press empowers tribes.

“It is essential for these journalists covering stories in Native America to have autonomy and the means to hold those in power accountable to the citizens,” she said. “This historic act will continue to strengthen tribal sovereignty and is a tremendous accomplishment for NAJA members there in Mvskoke Media, the Muscogee (Creek) Nation and Indian Country.”

Cosper said the next step will be to add a freedom of information act (FOIA).

“We encourage citizens and officials alike to strengthen our role in the checks and balances system by supporting the passage of a FOIA, which will provide attributive documentation for the content of our coverage,” Cosper said.

Cosper said the department aims to ask for citizen input with adding free press language directly into the MCN Constitution, in addition to the new code of law.

“Through this, citizens would vote to add us as a functioning body of the foundational document for MCN government with their approval being the only means to reverse it,” Cosper said.

MCN is the fourth largest Native American tribe in the U.S., and includes more than 79,000 citizens across the globe. It is the third tribe in the state of Oklahoma to enact free press protections, following the Osage Nation’s passage of the Independent Press Act in 2008 and the Cherokee Nation’s Independent Press Amendment in 2009.

Materials in Seminole Tribe v. Florida

This is the IGRA good faith suit brought by the tribe in the Northern District of Florida:

Doc 01 Complaint 10 26 2015

Doc 009 FL Motion to Dismiss

Doc 009-1 Memorandum in Support of Motion to Dismiss

13 Seminole Response

SCOTUS Grants Cert in United States v. Bryant

Here is today’s order list.

Cert stage briefs are here.

Seventh Circuit Briefs in Meyers v. Oneida Indian Tribe of Wisconsin

Here:

Meyers Opening Brief

Oneida Brief

Meyers Reply

Lower court materials here.

Federal Court Grants Federal Officer Summary Judgment in Excessive Force Suit brought by Deceased Alleged Indian Graverobber

Here are the materials in Estate of Redd v. Love (D. Utah):

93 Love Motion for Summary J

102 Estate Opposition

115 Reply

120 DCT Order

An excerpt:

This case arises out of Dr. James D. Redd’s tragic suicide the day after federal agents arrested him and his wife for trafficking in stolen Native American artifacts, theft of government property, and theft of tribal property. Dr. Redd’s Estate brought this Bivens action against Bureau of Land Management Agent Daniel Love. The Estate claims Agent Love violated Dr. Redd’s Fourth Amendment right to be free from the use of excessive force when Agent Love sent over fifty-three federal agents, many of whom were heavily armed and wearing bulletproof vests, to raid and search Dr. Redd’s home.

Agent Love moves for summary judgment, arguing qualified immunity shields him from the Estate’s claim. After careful consideration, the court grants Agent Love’s motion.

The estate previously survived a federal summary judgment motion, and those materials are here.

 

Assistant Attorney General Needed at Pascua Yaqui Tribe

Link to description and announcement here.

Prairie Island Indian Comm. and Available Asst. General Counsel Position

Description: The Prairie Island Indian Community seeks an attorney whose primary responsibility would be to work with the Community’s Family Services Department and represent Family Services in child welfare, child protection, and other matters in the Community’s Tribal Court and other state courts as needed. In addition to the work with Family Services, the Assistant General Counsel would assist in other Legal Department matters, including those involving: tribal governance and tribal agencies, employment issues/disputes, land and environment, land assignments and housing, litigation, enrollment, ordinance drafting and revision, gaming operations and regulation, and government relations.

Qualifications: Minnesota licensed attorney with three years of experience or more. Preferred experience includes working with tribal governments, or working in child welfare and family services. Must gain admission to practice law before the Community’s Tribal Court. Must have excellent interpersonal and organizational skills. Indian preference applies in accordance with Section 7 (b) P.L 93-638.

Salary: Commensurate with experience.

Closing date: Open until filled.

Please send resume and cover letter to Eleanore Bartell, HR Director, Prairie Island Indian Community, 5636 Sturgeon Lake Road, Welch, MN 55089 or Fax: 651 385-4180 or email: ebartell@piic.org. For information call 651 385-4138 or 800 554-5473, ext. 4138.

Appeals Court Remands Suit Against Tunica-Biloxi’s Casino Employees

Order and Memorandum in re Zaunbrecher v. Succession of David, 2015-769 (La. App. 3 Cir. 12/9/15) here.

An appeals court affirmed the Paragon Casino’s immunity from suit for the death of Blake Zaunbrecher, who was killed by a drunk driving patron in 2013.  However, the court reversed the decision to extend that immunity to its employees.   It found that the bartender and security guards could have a personal duty to the decedent that will make them personally liable.  It remanded the case to the 12th Judicial District Court to decide whether to stay all proceedings until resolution of a similar suit in Tribal court.

Department of the Interior Announces Departure of Kevin Washburn (at end of year)

Kevin Washburn, Assistant Secretary of the Interior – Indian Affairs, announces his departure and return to teaching at the University of New Mexico.  Deputy Assistant Secretary Larry Roberts will succeed him as Acting Assistant Secretary beginning in January 2016.

Congratulations to Kevin on a remarkable tenure; and, congratulations to Larry Roberts.

Press release here.

Navajo Prevails in Voting Rights Case

Here are the materials in Navajo Nation v. San Juan County (D. Utah):

173 Navajo Motion for Summary J – 4th Claim

182 Navajo Motion for Summary J – 2d Claim

183 Massey Expert Report

184 Ely Expert Report

184-1

184-2

184-3

184-4

184-5

184-6

184-7

184-8

184-9

184-10

184-11

184-12

184-13

184-14

184-15

184-16

185 Deyhle Expert Report

188 Engstrom Expert Report

189 Tom-Orme Expert Report

198 San Juan County Opposition

221 San Juan County Opposition to 173

280 DCT Order

Prior posts here, here, here, and here.