Grand Traverse Band of Ottawa and Chippewa Indians

GTB & Derek Bailey Look Back on 2010

Matthew L.M. Fletcher

News article (and video) here, via Pechanga:

TRAVERSE CITY, MI — Tribal Chairman Derek Bailey looks back at 2010 with appreciation.

For him, it’s a year that broke down barriers and allowed him to pursue his goals as a tribal leader.

“When I campaigned to the tribal members I said that one of the commitments I bring forth, if elected chair, would be to increase our presence locally, state wide and nationally. Now I’m not taking away from what past tribal leaders have accomplished, but I wanted to build upon that,” Bailey said.

In the spring, the Grand Traverse Band received national recognition when President Obama announced he would be appointing Bailey to the National Advisory Council on Indian education.

“I know with my appointment to the National Advisory Council of Indian education, early education is a huge emphasis for me…significant brain development occurs between 0-5 years old. The least amount of funding goes in at that time.”

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GTB Celebrates Past and Present Leaders

Matthew L.M. Fletcher

From the Traverse City Record Eagle:

Five arrows, five leaders — one history.

The Grand Traverse Band of Ottawa and Chippewa Indians has a new permanent exhibit at its Eyaawing Museum & Cultural Center off M-22 in Peshawbestown.

The exhibit features a bundle of five tribal chairperson “leadership arrows.” Each handcrafted arrow is marked with the names and years of service of all the tribal chairpersons who served since the tribe was federally recognized in 1980. They are:

• Ardith “Dodie” Harris Chambers, 1980

• Joseph “Buddy” Raphael, 1980-1996

• George E. Bennett, 1996-2000

• Robert Kewaygoshkum, 2000-2008

• Derek J. Bailey, 2008-present

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MIRS: Casino Catches Officials Off Guard

Matthew L.M. Fletcher2 Comments

From MIRS and Pechanga:

Without any of the standard federal or state approvals, the Bay Mills Tribe opened a new casino today near Vanderbilt off Interstate 75 in the Northern Lower Peninsula.

The 40-slot machine facility is located in a renovated Project Nature Welcome Center. Tribal members are familiar with the Vanderbilt area as they have been hunting elk in the region since 2007, exercising off-reservation treaty rights established with the 2007 Inland Consent Decree.

“This is something we’ve been working on for a long time,” said Bay Mills Chairman Jeff PARKER.

Apparently the tribe is testing a legal theory that, if it were to hold up, could open the floodgates for establishing tribal casinos without having to worry about the red tape that usually delays such projects for years. Some observers claim it could ultimately affect the status of an off-reservation site the Sault Ste. Marie Tribe of Chippewa Indians own at Pinnacle Racetrack in Romulus.

Bay Mills and the Soo tribe were once a single tribe.

The move came as a complete surprise to state and federal officials. The tribe jumped through none of the usual legal hoops involved with the federal Indian Gaming Regulatory Act (IGRA). In fact, its plan seems to involve specifically avoiding taking the land in trust, which is a key step in the IGRA process.

It usually takes years of working through the IGRA process to obtain the necessary sign-offs from the U.S. Department of Interior and the state to establish even an on-reservation casino.

The tribe’s reservation is located in the Upper Peninsula, centered at Brimley. However the casino Bay Mills opened today was on land far from the reservation. What’s more, the tribe bought the property less than three months ago.
President Ronald REAGAN signed IGRA in 1988. Ever since, IGRA guidelines have been an open target for almost any and every legal theory an attorney could convince a tribe to try out.

The theory Bay Mills seems to be pursuing is that because it purchased the land near Vanderbilt with money it had received in exchange for giving up its aboriginal lands, the land is therefore exempt from the usual impediments IGRA placed on off-reservation gaming.

The entire issue of off-reservation gaming, as it pertains to IGRA is currently being reviewed nationally (See “Minnesota Event <http://mirsnews.com/capsule.php?gid=3437%2325188%20&gt;  Could Affect Muskegon Casino,”10/20/10).

The Bay Mills decision to test the legal theory might have been timed to coincide with the national discussion. In addition, it might also have been timed to take place prior to Governor-elect Rick SNYDER taking office.
Snyder is believed to be less amenable to gaming expansion than Gov. Jennifer  <http://mirsnews.com/lob_bio.php?cid=532&gt; GRANHOLM has been. However, the Granholm administration quickly voiced opposition to Bay Mills opening the Vanderbilt casino today.

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MSU NALSA to Host Panel on Federal Recognition — Nov. 8 @ 7:30PM

Matthew L.M. Fletcher2 Comments

The members of the Native American Law Student Association (NALSA) at Michigan State University College of Law invite you to attend the following panel discussion on Monday, November 8, 2010 at 7:30pm in the Castle Boardroom of the law school building.

What Does it Mean to be Federally Recognized?
There are currently 565 federally recognized tribes in the United States, but there are many others that do not have the benefit of that distinction. John Shagonaby, Curtis Chambers, and Matthew Fletcher will discuss their unique perspectives on this issue.

John L. Shagonaby is the Chief Executive Officer of the Gun Lake (federally recognized) Tribal Gaming Authority. John started this role in March 2004. Previously, John served as the Executive Director of the Tribe’s administrative office. John has also served on the Tribal Council for 12 years as a Council Member, Treasurer and Vice-Chairman.

Curtis Chambers, Chairman of the Burt Lake Band (non-federally recognized) was re-elected on August 9, 2008. He is also the Harbormaster of Cheboygan County Marina and a devout Catholic.

Curtis’s first priority for the Burt Lake Band is to be federally recognized. His second goal is to provide housing and health care to Burt Lake Band members. He also believes that diversity in business is a necessity to help move the tribe into the future.

Matthew Fletcher is Director of the MSU Indigenous Law and Policy Center. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians, the first tribe to be federally recognized under the Department of Interior’s federal acknowledgment process. He is the author of a forthcoming legal and political history of the Grand Traverse Band (Michigan State University Press).

Tribal Judge Mike Petoskey Named to Michigan State Bar “Master Lawyers” Section

Matthew L.M. Fletcher1 Comment

Here is the announcement.

The blurb on Judge Petoskey:

Michael D. Petoskey
University of New Mexico, 1983
Traverse City, MI.

Petoskey is an elder and member of the Grand Traverse Band of Ottawa and Chippewa Indians. He has been  instrumental in developing five of the 12 tribal courts serving Michigan’s federally recognized Indian tribes and serves as chief judge in three of those courts. He has witnessed great improvements for Indians in the legal profession since  his admission to practice, when finding even one native law student was nearly impossible. His concern for the future of the profession is the lack of general understanding about federal Indian law, the legal standing of tribes, and the relationship between state and tribal courts. Petoskey invites Michigan lawyers to visit tribal courts for an enriching and rewarding experience.

News Coverage of Shomin v. GTB Election Board

Matthew L.M. Fletcher

From Indianz:

The tribal court of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan disqualified a winning candidate from holding public office.

The court said Alvin Pedwaydon violated election law because he sits on a committee that determines the salaries of tribal council members. “I am simply shocked,” told The Leelanau Enterprise in response to the decision.

Pedwaydon was the top vote-getter in the last three elections. He indicated he might pursue an appeal.

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GTB Election Challenge

Matthew L.M. Fletcher1 Comment

Here: Mary Shomin v Election Board_Sep 2010.

GTB Moves to Intervene in Asian Carp Suit

Matthew L.M. Fletcher

From Indianz:

The Grand Traverse Band of Ottawa and Chippewa Indians filed a motion to join a lawsuit over Asian carp, an invasive species.

Five states are suing the federal government and the city of Chicago over efforts to limit the impact of the carp. The tribe wants to ensure that its treaty rights are protected throughout the litigation.

“Historically, fishing played a central role in the spiritual and cultural framework of Native American life,” the tribe said in the brief, the Associated Press reported. “Not only are the Great Lakes fish culturally important to the tribes, these communities depend upon fisheries resources for their livelihoods.”

A hearing in the case is set for September 7.

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Grand Traverse Band Announces Revenue Sharing Payments

Matthew L.M. Fletcher

Here is the press release: 2% first half 2010 press release 07-30-10

News Coverage of GTB Election Delays (and Copies of GTB Election Board Decisions)

Matthew L.M. Fletcher1 Comment

Election Board decisions: Election Board Opinion Russell McClellan 7 13 10 and Election Board Supplemental Opinion.

From the Leelanau Enterprise:

A General Election to seat three members of the seven-member Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians has been delayed yet again.

The election was slated to occur today, July 15, but has been postponed for a third time. A new date had not been determined as of press time this week.

The tribe’s appointed Election Board met in special sessions on Monday and Tuesday to hear testimony, review evidence and discuss a complaint that one of the six candidates in the election failed to comply with election regulations by campaigning during working hours and taking other actions that threatened the integrity of the election process.

Former Tribal Councilor and current candidate Thurlow “Sam” McClellan was accused of campaigning during working hours by having phone conversations with incumbent Tribal Councilor Brian Napont, whose term does not expire until 2012. During the conversation, McClellan and Napont were heard in a recorded conversation disparaging other candidates and incumbent tribal leaders.

The phone conversations had been recorded, apparently inadvertently, through a voice mail system in a tribal office. The recordings were subsequently copied and distributed among tribal members by third parties.

“While it is clear that McClellan did not intend for his phone conversation with Napont to be recorded, or for it to be circulated among members of the tribe, the fact remains that the message was recorded, and that the message has been circulating among Tribal voters,” according to an opinion and determination issued by the Election Board on Tuesday evening.

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