LVD Council Released from Jail

From tv:

WATERSMEET — The Lac Vieux Desert tribal council is back in Watersmeet after an appellate court ruled they should be released from jail.

According to the tribal council’s attorney, Zeke Fletcher, the appellate court made the ruling two days ago but Judge Bradley Dakota did not recognize the ruling.

The nine member council has been in the Iron County jail since Wednesday because they refuse to swear in two new tribal council members despite the court order.

They were held in contempt of court and jailed.

News Coverage of LVD Council Jailing

From TV, via Pechanga:

WATERSMEET — It has been a politically charged few weeks for the Lac Vieux Desert Tribe but things turned criminal on Wednesday.

All nine members of the tribal council were held in contempt of court after refusing to swear in the new chairman and treasurer and are now sitting in jail.

Judge Bradley Dakota’s ruling said the council must remain in jail until a majority agrees to swear in the new members.

Ruth Antone is an elder within the tribe and has lived on Lac Vieux Desert land all of her life.

She supports swearing in the new council but given the fact that two of her grandchildren are on the current council and are now in jail it’s been a difficult situation.

“I was at the hospital last night because my blood pressure was high and that’s because all that’s been going on,” she said. “I want it over with, I’m glad it’s over with soon I hope.”

The jailed council members released a statement through their attorney saying:

“We are being criminally punished for upholding the Constitution.”

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LVD Council Habeas Petition — UPDATED with Exhibits

Here: LVD Council Habeas Petition.

Update (9/10/10): LVD Habeas Exhibits.

Update (9/11/10): LVD Habeas Exhibits Part 2

Amazing materials. Has this ever happened before? Wonder if one of these (a habeas petition on behalf of an entire tribal council) has ever been filed.

LVD Council Arrested?!?!?

From TV, via Pechanga:

WATERSMEET — Controversy continues to surround the Lac Vieux Desert Tribe and Wednesday police took action.

All nine tribal council members have been arrested for disobeying a court order by refusing to swear in the newly elected chairman and treasurer at last night’s tribal council meeting.

In July, tribal members protested the council’s decision not to step down after seven of the nine council members were voted out of office.

A third party judge ruled last month that the new chairman and treasurer must be sworn in and a new election would be held for the five general council positions.

The nine arrested council members have been transported off tribal property and are being held in the iron county jail without bond.

Grand Traverse Band Election Postponed Again

Here is the news coverage: Election Delayed Again July 14 2010

And the Election Board decision: Election Board Opinion Russell McClellan 7 13 10

Huron Potawatomi Election Results

From the Battle Creek Enquirer:

Huron Potawatomi announces tribal election results
Michelle Rahl • Reader Submitted • June 28, 2010

-The Nottawaseppi Huron Band of the Potawatomi (NHBP) announced today the results of its election for Tribal Council. Three seats on the five-member Tribal Council were up for election on Saturday, April 24, 2010.

Tribal members voted to re-elect RoAnn Beebe-Mohr of West Olive to the Tribal Council along with newcomers Dorie Rios of Battle Creek and Nathaniel W. Spurr of Grosse Pointe. The positions are three-year terms. The Tribal election board certified the votes last month.

Beebe-Mohr, Rios and Spurr will join Homer A. Mandoka of Bronson, Michigan, and Jamie Stuck of Scotts, Michigan, who were re-elected to the Tribal Council last year.

Following the ‘swearing in of the new Council Members’, the Tribal Council voted to appoint Council members to the follow officers positions:

Homer A. Mandoka – Chairperson

Jamie P. Stuck – Vice-Chairperson

RoAnn Beebe-Mohr – Secretary

Dorie Rios – Treasurer

Nat W. Spurr Sergeant-at-Arms

“With the next election two years away, the Tribal Council will be able to roll up our sleeves and strive to accomplish our long-term goals and objectives” said Homer A. Mandoka, Chairperson of the Nottawaseppi Huron Band of the Potawatomi. “One of the Tribal Council’s main goals is the implementation of our Land Use Master Plan, which identifies land use for program and service expansion, including educational and recreational use, along with safe and affordable housing while preserving open spaces.”

The Tribal Council recently completed a tribal governance-training conference called “Building Strong Sovereign Nations.” The training was administered by the Michigan State University Extension and funded with a start up grant provided by the Grand Traverse Band of Ottawa and Chippewa Indians. Additionally, the Tribal Council brought to the reservation for a two day intensive training session on parliamentary meeting rules with renowned trainer – James Mills of Creating Stronger Nations.

There are more than 1,100 Tribal members. The Tribe’s administrative offices are at the Pine Creek Reservation in Athens Township with a satellite office in Grand Rapids to better serve members.

GTB Primary Election Certified

From the Leelanau Enterprise:

The Grand Traverse Band of Ottawa and Chippewa Indians on June 10 completed a successful Primary Election process after experiencing delays earlier this spring.

“No challenges were filed and we certified the Primary Election,” reported Desmond Berry, chairman of the tribal Election Board. “We are moving forward with our schedule of events and look forward to a July 15, 2010 General Election,” he said.

The primary was originally scheduled for April with the General Election slated for last month. Election challenges delayed the process, however. The names of three candidates were removed from the original Primary Election ballot after the Election Board determined the three had violated campaign rules.

One of the candidates, incumbent tribal councilor Rebecca Woods, appealed the Election Board’s determination to the Tribal Judiciary. But the Election Board’s determination was upheld by the panel of Tribal Court judges.

Woods has since resigned from the Tribal Council and accepted a position as the tribe’s chief financial officer. The names of candidates Gail Diaz and Angela Shinos were also removed from the Primary Election ballot.

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Navajo Office of Legislative Counsel Opinion on Pres. Shirley’s Effort to Run for a Third Term

Here it is: CLC0110

And here is news coverage of President Shirley’s announcement he’s running for a third term by relying on Dine Fundamental Law.

GTB Election Postponed; Three Candidates Removed from Ballot

From the Traverse City Record-Eagle:

PESHAWBESTOWN — Three candidates for Tribal Council were booted from the ballot, and the election is postponed until next week.

Three council positions are open for the Grand Traverse Band of Ottawa and Chippewa Indians, those held by incumbents Rebecca Woods, Connie TwoCrow and Sandra Anderson. Tribal election officials removed Woods from the ballot, along with candidates Gail Diaz and Angela Shinos, for election rules violations.

Tribal documents show the Election Board removed Woods from the ballot because she didn’t sign the bottom of her absentee ballot application. The board removed Diaz and Shinos for not submitting absentee ballot applications at all, as election rules require.

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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