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Little Traverse Tribal Court Opinions in Election Disputes
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Little Traverse Bay Band of Odawa Indians
Gaming Finances Mismanagement Investigation at LTBB
From the Petoskey News-Review via Pechanga:
The Little Traverse Bay Bands of Odawa Indians’ Gaming Board of Directors is under investigation by tribal police for alleged financial mismanagement.
In the April 2010 issue of “Odawa Trails,” the tribe’s monthly newsletter, tribal chairman Ken Harrington informs tribal citizens that, as a result of a recent ethics complaint filed by a tribal citizen, who was not named, the gaming board of directors is currently under investigation.
Harrington’s letter states: “Tribal police investigated, a warrant was issued and the tribal police acted on the warrant and seized the (gaming board’s) phones and computers.”
Harrington also reported in this letter, that after recently issuing an executive order to have the gaming board’s finances moved to the tribal government building, financial issues were discovered.
“It became apparent the (gaming board’s) budget was $20,000 over and overpayment of stipends became evident.”
Matthew Lesky, tribal prosecutor, confirmed to the New-Review Monday, during a phone interview, that the gaming board, in fact, is under investigation by tribal police for what he described as “financial management” issues.
As of press time today, Tuesday, no charges had yet been filed against the gaming board of directors in tribal court.
According to confidential tribal documents recently provided to the News-Review, it is alleged that on Jan. 25, the three remaining members of the gaming board of directors — Carol McFall, chairperson; Judith Pierzynowski, vice chairperson; and Sheran Patton, treasurer/secretary — acted outside its authority by terminating Denise White, director of human resources for the tribe, and approving a $53,000 severance check to her the following day (Jan. 26), which was stopped shortly after its issuance.
Lake Huron Dig to be Discussed at Michigan Archeological Society Meeting
This MAS meeting promises to be somewhat controversial, given that Michigan professor John O’Shea will be discussing his project in Lake Huron, to which two tribes have objected (BMIC and LTBB):
Dr. John O’Shea from the University of Michigan: Evidence of Early Hunters beneath the Waters of Lake Huron
Dr. John O’Shea from University of Michigan will be discussing his current endeavors to locate ancient landscapes preserved beneath the Great Lakes. Through the use of underwater acoustic and video survey on the Alpena-Amberley ridge, Dr. O’Shea has discovered the presence of a series of stone features that match, in form and location, structures used for caribou hunting in both prehistoric and ethnographic times.
Here are the objections:
Eric Hemenway Column on Cultural Preservation
From the Petoskey News-Review:
My name is Eric Hemenway and I am an Anishnaabe/Odawa from Cross Village. I work in the Archive/Records and Cultural Preservation Department for the Little Traverse Bay Bands of Odawa Indians here in Emmet County. I am very fortunate to have such a diverse job that involves cultural preservation for my tribe — but cultural preservation is a very broad term that covers many different areas. One aspect of the Odawa culture that I focus on in my work is the caretaking for our dead. Respecting and honoring our ancestors who have passed on is a fundamental element of our identity as Odawa and has been with our tribe for countless generations. I have the opportunity to carry on this tradition in a unique way by working in my department.
The federal law NAGPRA (Native American Graves Protection and Repatriation Act) enables tribes to reclaim human remains and sacred items associated to their respective tribal communities. These remains and items are housed in museums and universities throughout the country. What I do is locate where the remains are, submit claims and if all goes well, retrieve the remains and rebury them. We also submit claims for sacred items affiliated to our tribe. Repatriating remains is a difficult task, but a necessary one, because it ties in with our belief the dead need to be taken care of. This is a new dilemma tribes across the country have to deal with, having their ancestors taken from their final resting places and placed in boxes on shelves, to be examined and documented in manners the tribes deem as inappropriate and disrespectful. But we have the opportunity to get these old ones back and we at LTBB Odawa have made it a priority to do so. It’s sad yet rewarding work. Sad to know the history of how museums acquired these remains and the fact our dead were not given the proper respect as groups, yet rewarding to finally lay them to rest, again, and finally see our beliefs being recognized.
Along with work in NAGPRA, I also take care of several Odawa cemeteries within our reservation boundary. Many of these cemeteries are in very rustic, rural areas. The grass needs to be mowed, dead trees taken out, crossed fixed and replaced. When I first started my job in 2006, I never would have thought I would be working so much with the dead, but that’s my job now. Other people work in the Odawa language, with the youth, elders, education, housing, education, etc. I just happen to work with the ones who have passed on. Hopefully someday all our ancestors will be returned and all the tribes across the country can have that piece of their tribe back. And when that days comes, I am sure my job will change into something else, but in the meantime, there are thousands of Anishnaabe that need to come back home.
Here is Eric’s outstanding blog!
Little Traverse Election Board Denies Entrance to Nonmembers in Recall Petition Certification
From the Petoskey News-Review via Pechanga:
The Little Traverse Bay Bands of Odawa Indians Election Board denied the Petoskey News-Review and other non-tribal members access to its meeting Tuesday at which it chose to certify petitions for a recall election of the tribal chairman and vice-chairman.
Prior to Tuesday’s meeting, election board chairwoman Denise Petoskey said a News-Review reporter would not be allowed to attend the meeting because the meeting would be closed to non-tribal members.
She said the board’s standard procedure is to exclude non-tribal members from its meetings.
Petoskey provided the News-Review with an opinion authored by tribal attorney James Bransky on Feb. 25 in which Bransky writes, “Election Board meetings, with the possible exception of ballot counting, are not open to non-LTBB citizens.”
In his opinion, Bransky points first to the tribal constitution’s open meetings provision that reads, “The Tribal Council shall adopt an Open Meetings Statute to ensure that all meetings of the Tribal Council … are open to Tribal members and Tribal members shall have a reasonable opportunity to be heard, under such rules as the Council may prescribe in the Statute.” The wording cited does not discuss the openness of such meetings to non-tribal members except for language regarding tribal council meetings that reads, “The Tribal Council may by motion exclude non-LTBB members from all or part of a regular or special meeting.” Continue reading
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)
News Article on LTBB’s Economy
From Indianz:
The Little Traverse Bay Bands of Odawa Indians of Michigan recently formed a corporation to pursue economic development opportunities.
Waganakising Odawa Development, Inc. is looking at two sectors: government contracting and renewable energy. Frank Ettawageshik, the president of the corporation, believes the tribe can benefit from growth in both areas.
“It’s better, I believe, to not have all your eggs in one basket with revenue sources,” Ettawageshik said at a tribal council meeting, The Petoskey News-Review reported.
So far, Waganakising has landed one government subcontract and is looking for ways to get into alternative energy.
LTBB to Assist in Bay Harbor Cleanup
From the T.C. Record-Eagle:
PETOSKEY — A local tribe could become involved in plans to treat large-scale pollution at Bay Harbor Resort on Lake Michigan’s Little Traverse Bay.
CMS Energy is responsible for treating contaminated groundwater at Bay Harbor Resort and may turn to the Little Traverse Bay Bands of Odawa Indians for help.
CMS currently trucks wastewater to Grand Traverse County’s septage treatment plant in Traverse City, but wants to treat the pollution closer to the contamination site in Emmet County.
Tribal officials aren’t specifying what role they could play.
“This is our bay as well as it is the community’s. I want to be proactive about this. I see possibilities and responsibility,” said Ken Harrington, tribal chairman.
LTBB Chairman Faces Criticism
From Indianz:
The new leader of the Little Traverse Bay Bands of Odawa Indians of Michigan is facing criticism from tribal elders after less than a month on the job.
At a tribal council meeting on Sunday, one elder said Chairman Ken Harrington violated tribal employment laws in the hiring of two top financial officials. Another elder said Harrington has created an “atmosphere of fear among tribal employees.”
Harrington, who was sworn into office on August 23, denied the accusations. He said it was natural for critics to question his performance.
“I will just move forward, I can’t let a few negative people hold down the greater good with my job … I’m a dedicated person; I’m working hard,” Harrington told The Petoskey News-Review.
The newspaper said its writer was forced to leave the tribal council meeting after the two elders spoke.
Bloomberg Report on Foxwoods Debt Default — Now $1.45B
From Bloomberg Report (miigwetch to K.C.):
Foxwoods Casino Owner Said to Seek Debt Restructuring
By Beth Jinks and Jonathan Keehner
Aug. 26 (Bloomberg) — Mashantucket Western Pequot Tribal Nation, owner of the Foxwoods Resort Casino, is seeking to restructure at least $1.45 billion in debt as winnings dwindle, according to a person with knowledge of the situation.
A restructuring plan has been submitted to creditors and the Connecticut casino’s owners have hired Miller Buckfire & Co., a New York investment bank, as an adviser, said the person, who declined to be identified because the talks aren’t public.
Foxwoods, one of the largest casinos in the U.S. by gambling space, may become the biggest tribal casino company to default. The operation has lost business to the recession and competition from new casinos and racetracks with slot machine-style video-lottery terminals in nearby states. Slot revenue fell 13 percent in July, the casino said on Aug. 14.
“They can’t do the types of things other debtors can in a restructure,” Megan Neuburger, an analyst at Fitch Ratings in New York, said today in an interview. “Tribal casinos can’t do a debt-for-equity swap. They can’t raise cash by selling off assets on tribal land” to repay creditors.
Turtle Talk 