Thanks to W. for sending the pdf.
Leelanau Enterprise Article on JP
Again, very nicely done by Eric Carlson.
Grand Traverse Band of Ottawa and Chippewa Indians
John Petoskey’s Legal Career (So Far…..) — UPDATED
So, in a major shocker that has Grand Traverse Band’s tribal council all over the news in Indian Country, GTB General Counsel John Petoskey has been terminated after 23 years with the tribe. His legal career isn’t over, to be sure, but here is a snapshot view of his contributions to the law.
GTB and Indian Country owe JP a very sincere debt of gratitude (as do I for teaching me everything I know). The following is just a snapshot, and if anyone sends me something I forgot or didn’t know about, I’ll include it ASAP:
Federal Court Cases
- Grand Traverse Band v. United States Attorney, 198 F. Supp. 420 (W.D. Mich. 2002), aff’d, 369 F.3d 960 (6th Cir. 2004) — JP masterminded the legal theories on restored lands/restored tribes that were adopted by the NIGC and later approved by two federal courts in the case, as well as several federal court decisions that followed.
- Tribes v. Michigan/Engler (1990-2001) — JP represented GTB through these various cases, starting with the IGRA good faith lawsuit filed against the state and then later Gov. Engler, followed by the two suits reopening the case on grounds that Engler breached the agreement when the state granted licenses to open the Detroit casinos and then then the state entered into compacts with other tribes.
- U.S. v. Michigan (1987-2007) — JP has been involved as an attorney for GTB in this case since he returned from New Mexico in 1987. Perhaps his greatest contribution, however, is as an active participant in the fishing wars of the 1970s, as documented in George Weeks’ Mem-Ka-Weh.
- Carcieri v. Salazar — JP first recommended the GTB serve as a primary amicus in the case since it reached the First Circuit in 2003, all the way the Supreme Court.
- U.S. v. Abeyta (D. N.M. 1986) — co-counsel to Jim Anaya in successfully defending on First Amendment grounds Isleta Pueblo member from federal prosecution for taking a bald eagle
State Court Cases
- State v. Ryder (N.M. 1982) — JP successfully argued that tribal officers have authority to stop and detain non-Indian criminal suspects.
Negotiations
- 2007 U.S. Michigan Inland Treaty Rights Consent Decree
- 2004 Michigan-Tribal Tax Agreement
- 1993 Class III Gaming Compact, though the consent decree/stipulation in Tribes v. Michigan settlement
Transactions
- Grand Traverse Resort and Spa (2003, and later refinancing) — JP spearheaded the due diligence and financing work on this $60-something million purchase.
- Turtle Creek Casino and Resort — handled most every expansion and financing from its inception in 1996
- Hudson’s Lease agreement — Mid-90s plan to open an off-reservation casino in downtown Detroit, blocked when Gov. Engler arbitrarily refused to consent — the big fish that got away.
Other
- JP has recommended that GTB support (both financially and in kind) the nascent NCAI/NARF Tribal Supreme Court Project from its inception in 2001.
- JP’s worked to assist GTB restore its land base through the trust acquisition process.
- JP first headed the GTB Economic Development Authority, then later did the work to transform the EDA into a Section 17 corporation.
- JP wrote 60 … 70 … 80 … 90???? percent of the Grand Traverse Band Code and a like number of tribal council resolutions and ordinances.
- JP spearheaded the codification of GTB law.
- JP represented the tribal government in most every major tribal court case prosecuted in the GTB court system, notably In re McSauby (the Marbury v. Madison of the GTB tribal court).
- JP wrote portions of George Weeks’ history of the Grand Traverse Band.
- As “John Petosky,” wrote a chapter in a Vine Deloria-edited collection on the applicability of the First Amendment in Indian religious freedom cases, sadly predicting cases like Lyng, Smith, and Navajo Nation v. USFS.
- As a law student, JP worked with Michigan Indian Legal Services in the late 1970s to do the groundwork on preserving Indian land claims in Michigan.
- And JP is a PLSI grad and a PLSI tutor.
- JP worked with outside counsel (Mary Streitz) in securing an IRS private letter ruling allowing deferred taxation of tribal children’s trust fund money deriving from gaming per cap payments
- JP wrote the Grand Traverse Band section in the Michigan Indian Land Claims Settlement Act (P.L. 105-143)
In short, John is a legend in the history of the Grand Traverse Band.
Traverse City Tomorrow Panel with GTB Chair Derek Bailey and Michael Moore, et al.
Revenue Sharing Distribution for Grand Traverse Band
Press release here: 2% second half 2009 press release 01-27-10.
News Article on Possible Cross-Dep between GTB and Grand Traverse County
From local TV:
Grand Traverse County could be getting new officers, but without hiring any new ones. It’s part of a cross deputization proposal from the Grand Traverse Band of Ottawa and Chippewa Indians. What are the implications and how might it give a boost to the sheriff’s department budget?
The details are tonight’s Fact Finder Report.
We may all live in northern Michigan, but a complicated past has left some of us in different legal territory.
John Petoskey, General Council for the Grand Traverse Band of Ottawa and Chippewa Indians says, “Because of the history of the relationship between tribes in the U.S. tribes do not have criminal jurisdiction over non tribe members and the state does not have criminal jurisdiction over tribal members.”
One aspect of that relationship may be changing.
The Grand Traverse Band and Grand Traverse County are discussing a cross deputization agreement.
Petoskey says, “What the cross deputization agreement would provide is the ability of the officer on the ground to make the arrest and sort out who has jurisdiction the next day.”
Right now if there’s a non tribal member breaks the law on property owned by the tribe, like Turtle Creek Casino, right now tribal officers can kick them off the property for trespassing, but that’s about it.
Petoskey says, “If we had a cross deputization agreement the tribe would be acting as deputies of Grand Traverse County to affect the arrest. The prosecution would still take place in Grand Traverse County though.”
Currently the Grand Traverse Band has similar agreements in 4 area counties; Charlevoix, Antrim, Benzie and Leelanau counties. He says those agreements are each for a number of years, but can be rescinded with a 30 day notice. And tribal leaders are using that model as the proposal for Grand Traverse County.
But why is Grand Traverse County the only county in the greater Grand Traverse Region without this kind of agreement?
You might blame it on previous administrations. Continue reading
Op/Ed re: Carcieri Fix
From the Traverse City Record-Eagle:
The Grand Traverse Band of Ottawa and Chippewa Indians celebrates its 30th anniversary of federal recognition this year, but nothing, apparently, is sacred in ever-changing federal American Indian policy.
A controversial Supreme Court ruling last year blocks many American Indian tribes recognized by the U.S. Interior Secretary after 1934 from making more land-to-trust applications.
The high court’s Carcieri vs. Salazar ruling on Feb. 24, 2009, and politics surrounding a proposed legislative fix, show just how frustrating, confounding and shameful federal American Indian policy has been over more than two centuries of American history — and apparently still is.
The ruling appears to have no effect on the Grand Traverse Band, which was recognized in 1980. In fact, the Interior Department approved trust status for 78 acres in Antrim County on Dec. 10.
The ruling also does not appear to affect two other area tribes — the Little Traverse Bay Bands of Odawa Indians in Emmet County and the Little River Band of Ottawa Indians in Manistee County, both recognized in 1994 by federal statute. Continue reading
Grand Traverse Resort GM Moving to Pechanga
From the Traverse City Record-Eagle via Pechanga (of course):
ACME — The search is on for a new leader at the Grand Traverse Resort & Spa, since its president and general manager is headed to southern California.
Grant Channing led the 600-room resort owned by the Grand Traverse Band of Ottawa and Chippewa Indians for more than three years. He’ll step down Friday and will take over as vice president of hotel operations at the Pechanga Resort & Casino in Temecula, Calif., a 517-room resort and casino north of San Diego owned by the Pechanga Band of Luiseño Indians.
“Something has to challenge me for me to go, and there were some challenges there that intrigued me to go,” Channing said. “The most difficult thing, frankly, was leaving here.”
News Profile on GTB Chairman
From the Traverse City Record-Eagle:
PESHAWBESTOWN — Derek Bailey made several promises throughout his campaign to lead a local American Indian tribe.
One of them was to work with all levels of government. So far, it appears the youngest tribal chairman of the Grand Traverse Band of Ottawa and Chippewa Indians has lived up to that pledge.
“Derek has been very open to collaboration with the county,” Leelanau County Commissioner David Shiflett said.
Commissioner Richard Schmuckal said Bailey is “the most active” tribal chairman he’s worked with since joining the Leelanau County board seven years ago.
“He’s here, he’s there,” Schmuckal said. “He’s very energetic.”
Bailey, 37, also reached beyond Michigan borders. He’s visited Washington D.C. five times since taking over as tribal chairman in December 2008.
“When I go out and travel, I’m living up to the promises I made during my campaign,” Bailey said. “My perspective is to develop those relationships. It’s important to put a face to a name.”
So it’s no surprise that one of the “major highlights” from Bailey’s first year in office involved a public introduction from President Barack Obama before a presidential speech in July on the American Graduation Initiative. Before he began, Obama introduced Bailey.
“And the chairman of the Grand Traverse Band of Ottawa and Chippewa Indian Tribe, Derek Bailey is here. Please give Derek a big round of applause,” Obama said.
News Article on Grand Traverse Band Fee to Trust Issues
From the Traverse City Record-Eagle:
PESHAWBESTOWN — A local American Indian tribe wants to expand its reservation.
Nearly 80 acres of additional land in northwest Michigan is a good start.
The Grand Traverse Band of Ottawa and Chippewa Indians acquired a 78-acre parcel in Antrim County’s Milton Township last week.
Tribal Chairman Derek Bailey said the land trust soon will house 22 residential sites for band members.
The recent land acquisition addressed a “fundamental need” for tribal housing located near Turtle Creek Casino in Williamsburg and Grand Traverse Resort & Spa in Acme, Bailey said.
The parcel originally was zoned for agricultural development, said Chris Weinzapfel, Milton Township zoning administrator. But the band spent $1.5 million on road, sewer, water and electrical improvements, in hopes it could obtain residential zoning rights.
SCIA Trust Acquisition Delay Hearing — Featuring Derek Bailey
Via Indianz.
Turtle Talk 